AGENDA
Regular City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, March 8, 2022
Closed Session: 6:00 p.m.
Open Session: 7:00 p.m.
City Hall is now open to the public for business. The City Council Chamber is OPEN to the public for City Council meetings, using the current COVID-19 prevention provisions.
City Council meetings will also be available to view and participate via Zoom. Please read Page 4 of this agenda packet for Zoom login and participation information.
Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.
Agendas for Special Meetings are posted 24 hours prior to the meeting.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.
The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.
CALL TO ORDER/ROLL CALL:
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present at the meeting will be noted in the minutes.
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.
CLOSED SESSION – 6:00 PM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9
Potential cases: 2
City Council Meeting Agenda March 8, 2022
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
CLOSED SESSION REPORT:
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.
It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.
Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.
The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3
3.1 Approval of the February 22, 2022 City Council Meeting Minutes (McClendon)
3.2 Consideration and Approval of the February 2022 Check Register Report (Williams)
3.3 Second Reading with Option to Waive the Second Reading of an Ordinance to Adopt the Development Agreement for the Rancho Calera Project (Hamilton)
3.4 Consideration and Adoption of a City Council Resolution Authorizing Continued use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
3.5 Consideration and Adoption of a City Council Resolution Authorizing Staff to Apply for Federal Funding Under FTA Section 5311 and Authorizing the City Administrator or Designee to Sign the Required Fiscal Year 2022 Certifications and Assurances for Federal Transportation Assistance (FTA) Section 5311 Programs, Projects and Grants (McClendon)
City Council Meeting Agenda March 8, 2022
PUBLIC HEARINGS – Section 4
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Amending the Salary Scale of the Director of Recreation and Community Engagement to the Correct Pay Grade of M11, and Eliminate the Community Relations Manager Classification (McClendon)
6.2 Consideration and Adoption of a City Council Resolution Approving an Amendment to an Application for Funding and the Execution of a Grant and any Amendments Thereto from the 2019 Funding Year of the State CDBG Program (Rogers)
6.3 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
MAR 16 PLANNING COMMISSION MEETING, CITY HALL, 7PM
MAR 19 BEAUTIFY CHOWCHILLA, ED RAY PARK/SKATE PARK, 9AM
CHOWCHILLA LITTLE LEAGUE OPENING CEREMONIES, RC WISENER PARK MAR 26 CHOWCHILLA FAIR KICKOFF DINNER, CHOWCHILLA FAIRGROUNDS, 6PM APR 9 K-9 BENEFIT DINNER, EASTMAN HALL, 5:30PM
APR 16 EASTER EGG SCRAMBLE, EDWARD RAY PARK, 8:30AM
MAY 21 SPRING FESTIVAL ARMED FORCES DAY PARADE, ROBERTSON BOULEVARD, 10AM
ADJOURNMENT
Adjournment in Memory of Mr. Ronald W. Harris
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 4th day of March, 2022 at or before 4:00pm.
Joann McClendon, CMC, City Clerk
*SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION DUE TO
COVID-19*
Public meetings are still open to the public to attend in-person.
However, if you wish to attend remotely, please read the message below.
Consistent with AB 361 and Government Code section 54953, this meeting will be held remotely. Members of the public may access the meeting using the following information:
Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/87312205496?pwd=VlJqVXluRDYx
UVlqdk5IYXJ6aytEZz09
Passcode: 01 21 36
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 873 1220 5496
Passcode: 01 21 36
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.
Options to participate / view / and listen to the meeting:
• If you wish to speak to the Committee on an item using the Zoom platform on your computer/laptop or smart phone, please use the “raise hand” icon and you will be unmuted when it is your turn to speak.
Please provide your name when unmuted. You will be able to speak to the Committee for up to 3 minutes.
• If you are calling in to the meeting only (no camera/video) and you wish to make a comment, press *9 to “raise your hand” and *6 to unmute yourself.
MINUTES
Regular City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, February 22, 2022
Closed Session: 6:00 p.m.
Open Session: 7:00 p.m.
CALL TO ORDER/ROLL CALL: 6:04 p.m.
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney James McCann, Police Chief David A. Riviere, Jr., Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Recreation & Community Outreach Manager Stacy Wisener, IT System Administrator Kurt Wlodarczyk, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve the Agenda as Amended, pulling Item 6.2 from the agenda. Motion passed unanimously by roll call vote.
PUBLIC ADDRESS – CLOSED SESSION
No one spoke.
CLOSED SESSION – 6:08 PM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9
Potential cases: 1
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation – Pursuant to Government Code Section 54956.9 Paragraph (4) Subdivision (d) (deciding whether to initiate litigation)
Number of Cases: 1
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Mr. Steve Burke
CLOSED SESSION REPORT: No reportable action.
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
City Council Meeting Minutes February 22, 2022
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
Steve Burke addressed the City Council as a follow up from the last meeting where he spoke against the mask mandate for school-age children.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Palmer attended a CAPMC meeting regarding their budget; MCTC meeting regarding the state budget; Measure T Steering Committee meeting; Tulare Ag Show to help recruit businesses to Chowchilla.
Council Member Smith remotely attended a meeting with the local prisons. Their inmate food sales raise money to donate to local charities such as $10k to Chowchilla Rotary for their scholarship grant.
Mayor Chavez attended a realtor’s group in Madera who are interested in the Rancho Calera project.
2.2 STAFF VERBAL REPORTS
City Administrator Pruett also attended the Tulare Ag Show, making contact with different vendors to try to bring them to Chowchilla; attended a meeting with NBS regarding the Chowchilla Facilities District, Development Impact Fee Study; with staff, met with the Chowchilla regarding the fading Welcome to Chowchilla sign, working with the Chamber to help replace it; attended the Measure T Steering Committee meeting; various Site Plan review meetings; met with CUHS Superintendent Miller who is installing solar over their parking lot, making sure old liens are satisfied before proceeding; with Director Rogers, met with PG&E regarding the roundabout project, miscommunication and will now be meeting weekly/monthly to stay on track.
Recreation and Community Outreach Manager Wisener is working with CivicWeb, enabling online event and park reservations; Ed Ray Social/ribbon cutting is this Saturday at 10am; working on the Easter event, assisting other organizations; expanding dates for movies in the park; planning farmers market and movies in the park; no Girls Chowchilla Softball season this year; Public Works Director Rogers noted that the City’s consultant for the former library assessment, Advanced Structural Design, has reported that they are nearing completion of the assessment report and anticipate providing the report in a couple of weeks. Staff will then bring the report back to Council for discussion and direction.
Public Works staff completed the flooring upgrades at the Ed Ray Community Center. We look forward to the facility being used by the public again.
Regarding the PD Fence project, the steel for the covered structure was delivered today with the contractor starting installation of the columns and estimates 10 working days for completion of the covering.
City Council Meeting Minutes February 22, 2022
Community & Economic Development Director Hamilton reported that the Panasa project fell through, however there is another potential user for that area.
Fire Chief Gaumnitz is expecting new engine to be delivered soon and 3 new Volunteer Firefighter applicants passed background and should be starting next month.
CONSENT CALENDAR – Section 3
3.1 Approval of the February 8, 2022 City Council Meeting Minutes (McClendon)
3.2 Second Reading with Option to Waive the Second Reading, and Adoption of an Ordinance (507-22) Amending Title 6, Animals, of the City of Chowchilla Municipal Code (Hamilton)
3.3 Consideration and Adoption of a City Council Resolution (11-22) Declaring the Existence of a Public Nuisance by Virtue of Certain Weed Growth (2022 Weed Abatement) (Gaumnitz)
3.4 Consideration and Adoption of a City Council Resolution (12-22) to Declare Certain Unused City Property as Surplus and Authorize Staff to Dispose of by Sale at Auction (Rogers)
3.5 Consideration and Acceptance of the Quarterly Fee Waiver Report (Pruett) Motion by Council Member Palmer, Seconded by Council Member Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
4.1 Introduction, First Reading with Option to Waive the First Reading of an Ordinance to Adopt the Development Agreement for the Rancho Calera Project (Hamilton) Mayor Chavez opened the public hearing at 7:20 p.m.
No one came forward for or against the item.
Mayor Chavez closed the public hearing at 7:20 p.m.
Motion by Council Member Palmer, Seconded by Council Member Smith to Waive the First Reading of an Ordinance to Adopt the Development Agreement for the Rancho Calera Project.
Motion passed unanimously by roll call vote.
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration of Approving the Madera County Economic Development Commission’s Proposed 2022-2023 Annual Basic Level Budget (Pruett) City Council Meeting Minutes February 22, 2022
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve the Madera County Economic Development Commission’s Proposed 2022-2023 Annual Basic Level Budget.
Motion passed unanimously by roll call vote.
6.2 Ratification of a Resolution of the City Council of the City of Chowchilla Declaring an Emergency Condition Necessitating Completion of the Police Department Water Pipe Rehabilitation Project and Ratifying Administrator Actions to Enter into an Agreement with Divcon, Inc. to Complete the Projects Necessary to Safeguard Life and Property and Continue Essential services of the City of Chowchilla (Pruett)
6.3 Consideration and Adoption of a City Council Resolution (13-22) to Enter into a Facility Use Agreement with the Community Science Workshop Network to Provide Educational Workshops for the Youth of our Community and Authorizing the City Administrator or Designee to Execute Related Documents Thereto (Wisener) Spoke:
Tina Williams
Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve Council Resolution # 13-22, to Enter into a Facility Use Agreement with the Community Science Workshop Network to Provide Educational Workshops for the Youth of our Community and Authorizing the City Administrator or Designee to Execute Related Documents Thereto. Motion passed unanimously by roll call vote.
6.4 Consideration and Adoption of a City Council Resolution (14-22) Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act, a State Ballot Measure Restricting Voters’ Input and Local Taxing Authority (Pruett) Motion by Council Member Ahmed, Seconded by Council Member Palmer to Approve Council Resolution # 14-22, Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act, a State Ballot Measure Restricting Voters’ Input and Local Taxing Authority.
Motion passed unanimously by roll call vote.
6.5 Consideration and Adoption of a City Council Resolution (15-22) Rescinding Resolution No. 06-21, Thereby Invalidating Emergency Services Director Order No. 02-2020 Regarding COVID Leave Pay; and Confirming Implementation of Senate Bill 114 (Pruett)
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve City Council Resolution # 15-22, Rescinding Resolution No. 06-21, Thereby Invalidating Emergency Services Director Order No. 02-2020 Regarding COVID Leave Pay; and Confirming Implementation of Senate Bill 114. Motion passed unanimously by roll call vote.
6.6 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
FEB 26 EDWARD RAY DAY
CAF HALL OF FAME DINNER, CHOWCHILLA FAIRGROUNDS, 7PM
MAR 4 CHOWCHILLA STAMPEDE HISTORIC CATTLE DRIVE, ROBERTSON BLVD., 10AM MAR 8 CITY COUNCIL MEETING, CITY HALL, 7PM
MAR 16 PLANNING COMMISSION MEETING, CITY HALL, 7PM
MAR 19 BEAUTIFY CHOWCHILLA, ED RAY PARK/SKATE PARK, 9AMT City Council Meeting Minutes February 22, 2022
ADJOURNMENT
Mayor Chavez Adjourned the Tuesday, February 22, 2022 Regular City Council Meeting at 8:45 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor John Chavez
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: March 8, 2022
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Check list report
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Informational only. The invoices paid are shown in the attached listing of invoices.
BACKGROUND:
Presented this evening is a list of invoices paid in February 2022.
REASON FOR RECOMMENDATION:
Informational item only.
FISCAL IMPACT:
Each item shown on the invoice list includes a description of that item and the amount of the invoice.
ALTERNATIVES:
Not applicable.
ACTIONS FOLLOWING APPROVAL:
None.
3/1/2022 11:57:14 AM Page 1 of 3
Check Report
Chowchilla, CA By Check Number
Date Range: 02/01/2022 - 02/28/2022
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Pooled Cash General-Pooled Cash General
01180 H. O. Auto Repair and Tires 02/10/2022 Regular 0.00 1,380.27 62384 01193 Amanda Gonzalez 02/10/2022 Regular 0.00 40.00 62385 12181 American Fidelity 02/10/2022 Regular 0.00 999.97 62386 12181 American Fidelity 02/10/2022 Regular 0.00 1,613.94 62387 446 Anderson Pump Co 02/10/2022 Regular 0.00 308.89 62388 646 AT & T 02/10/2022 Regular 0.00 287.13 62389
686 Ayers Distributing 02/10/2022 Regular 0.00 1,305.00 62390 13484 Badger Meter Inc. 02/10/2022 Regular 0.00 66.48 62391 12493 Baker Supplies and Repairs 02/10/2022 Regular 0.00 126.15 62392 13732 Brandley Engineering, Inc. 02/10/2022 Regular 0.00 7,418.82 62393 13329 Brian Boivie 02/10/2022 Regular 0.00 170.00 62394 1281 BSK Associates 02/10/2022 Regular 0.00 482.00 62395 1776 Cascade Fire Equipment Company 02/10/2022 Regular 0.00 4,202.25 62396 1856 CDW Government, Inc. 02/10/2022 Regular 0.00 115.51 62397 13394 Charles Lawson II 02/10/2022 Regular 0.00 17.00 62398 2131 Chowchilla DoIt Best 02/10/2022 Regular 0.00 19.56 62399 2136 Chowchilla Employees Assn. 02/10/2022 Regular 0.00 210.00 62400 12408 Chowchilla Mid-Management 02/10/2022 Regular 0.00 220.00 62401 2166 Chowchilla Office 02/10/2022 Regular 0.00 135.00 62402 2171 Chowchilla Peace Officers 02/10/2022 Regular 0.00 1,118.00 62403 2821 DATCO Services Coporation 02/10/2022 Regular 0.00 94.50 62404 11494 David Burnett 02/10/2022 Regular 0.00 68.00 62405 3241 Division of State Architect 02/10/2022 Regular 0.00 38.40 62406 3711 Farmers Hardware 02/10/2022 Regular 0.00 178.67 62407 12212 Fastenal Company 02/10/2022 Regular 0.00 287.25 62408 3836 Fitness Peak 02/10/2022 Regular 0.00 140.00 62409
13324 James B Roach 02/10/2022 Regular 0.00 68.00 62410 13091 Johnson Controls Inc. 02/10/2022 Regular 0.00 30,224.00 62411 12876 Joshua Cobb 02/10/2022 Regular 0.00 170.00 62412
5631 Kelly Moore Paint Company Inc. 02/10/2022 Regular 0.00 311.95 62413 7176 Myers Stevens & Toohey & Co Inc 02/10/2022 Regular 0.00 795.70 62414 13683 Navia Benefit Solutions 02/10/2022 Regular 0.00 69.80 62415 7516 Office Depot, Inc. 02/10/2022 Regular 0.00 940.14 62416 13790 PACE Supply Corp 02/10/2022 Regular 0.00 794.20 62417 11612 ProClean Supply 02/10/2022 Regular 0.00 106.58 62418 11432 Prudential Overall Supply 02/10/2022 Regular 0.00 16.66 62419 13539 Quadient Finance USA, Inc. 02/10/2022 Regular 0.00 800.00 62420 8796 S & W Auto Parts Inc. 02/10/2022 Regular 0.00 4.76 62421 1136 Silva Ford Madera 02/10/2022 Regular 0.00 34,915.96 62422 12487 Smith Truck Repair 02/10/2022 Regular 0.00 2,275.79 62423 9376 Sparkletts 02/10/2022 Regular 0.00 54.88 62424
9756 State Water Resources Control 02/10/2022 Regular 0.00 23,208.11 62425 13610 Steven Turner 02/10/2022 Regular 0.00 333.00 62426 12594 Super Circuits Inc. 02/10/2022 Regular 0.00 1,070.97 62427 2046 Superior Pool Products, LLC 02/10/2022 Regular 0.00 1,233.81 62428 10131 TF Tire & Service 02/10/2022 Regular 0.00 624.81 62429 12044 U.S. Bank (PARS) 02/10/2022 Regular 0.00 123.44 62430 10571 US BANK (CAL-CARD) 02/10/2022 Regular 0.00 4,025.72 62431 13745 Van De Pol Enterprises 02/10/2022 Regular 0.00 6,445.97 62432 11381 Zoom Imaging Solutions, Inc. 02/10/2022 Regular 0.00 286.39 62433 16 A & R Refrigeration Inc. 02/17/2022 Regular 0.00 193.78 62434 1281 BSK Associates 02/17/2022 Regular 0.00 305.00 62435 12787 California Forensic Institute Inc. 02/17/2022 Regular 0.00 400.00 62436 2131 Chowchilla DoIt Best 02/17/2022 Regular 0.00 80.16 62437 Check Report Date Range: 02/01/2022 - 02/28/2022
3/1/2022 11:57:14 AM Page 2 of 3
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 2136 Chowchilla Employees Assn. 02/17/2022 Regular 0.00 210.00 62438 12408 Chowchilla Mid-Management 02/17/2022 Regular 0.00 220.00 62439 2166 Chowchilla Office 02/17/2022 Regular 0.00 135.00 62440 2171 Chowchilla Peace Officers 02/17/2022 Regular 0.00 1,161.00 62441 12428 Chowchilla-Madera County Fair 02/17/2022 Regular 0.00 400.00 62442 13658 De Lange Landen Financial Services Inc. 02/17/2022 Regular 0.00 1,445.73 62443 3031 Department of Justice/Acc 02/17/2022 Regular 0.00 64.00 62444 3066 Department of Transportation 02/17/2022 Regular 0.00 2,094.12 62445 01126 Divcon Inc. 02/17/2022 Regular 0.00 94,316.84 62446 3586 Ernest Packing Solutions-Fresn 02/17/2022 Regular 0.00 497.14 62447 3676 Ewing Irrigation Products Inc. 02/17/2022 Regular 0.00 563.24 62448 3711 Farmers Hardware 02/17/2022 Regular 0.00 669.32 62449 12212 Fastenal Company 02/17/2022 Regular 0.00 43.88 62450 3836 Fitness Peak 02/17/2022 Regular 0.00 140.00 62451
4561 Grainger 02/17/2022 Regular 0.00 1,069.07 62452
4616 Grover Landscape Services Inc. 02/17/2022 Regular 0.00 6,545.00 62453 13283 H & R Families Inc. 02/17/2022 Regular 0.00 68.00 62454 01189 Hero Industries Inc 02/17/2022 Regular 0.00 2,687.50 62455 6346 Madera Tribune 02/17/2022 Regular 0.00 156.00 62456 6881 MidLand TractorCompany 02/17/2022 Regular 0.00 133.36 62457 6886 Mid-Valley Pipe & Steele, Inc 02/17/2022 Regular 0.00 119.52 62458 7516 Office Depot, Inc. 02/17/2022 Regular 0.00 470.65 62459 13790 PACE Supply Corp 02/17/2022 Regular 0.00 334.86 62460 7671 Pacific Gas & Electric 02/17/2022 Regular 0.00 37,283.85 62461 11612 ProClean Supply 02/17/2022 Regular 0.00 39.47 62462 11432 Prudential Overall Supply 02/17/2022 Regular 0.00 120.77 62463 8161 Quad Knopf, Inc. 02/17/2022 Regular 0.00 3,531.35 62464 8676 Rose Furniture & Flooring Covering 02/17/2022 Regular 0.00 4,928.09 62465 8796 S & W Auto Parts Inc. 02/17/2022 Regular 0.00 351.46 62466 9206 Self Help Enterprises 02/17/2022 Regular 0.00 1,962.00 62467 9791 Steves Chevrolet of Chowchilla 02/17/2022 Regular 0.00 381.77 62468 01190 Sun Ridge Systems, Inc. 02/17/2022 Regular 0.00 130,414.00 62469 13027 Thomas Hollier 02/17/2022 Regular 0.00 149.99 62470 11537 Toshiba Financial Services 02/17/2022 Regular 0.00 381.71 62471 11632 Turner's Towing 02/17/2022 Regular 0.00 135.00 62472 12044 U.S. Bank (PARS) 02/17/2022 Regular 0.00 348.98 62473 10571 US BANK (CAL-CARD) 02/17/2022 Regular 0.00 1,756.90 62474 10911 Vulcan Materials 02/17/2022 Regular 0.00 1,030.04 62475 12188 Folsom Lake Ford 02/22/2022 Regular 0.00 45,371.01 62476 7671 Pacific Gas & Electric 02/01/2022 Bank Draft 0.00 24,949.86 0329981482881 7671 Pacific Gas & Electric 02/01/2022 Bank Draft 0.00 43,131.37 0329981484181 7671 Pacific Gas & Electric 02/04/2022 Bank Draft 0.00 45,856.10 0359985250651 7671 Pacific Gas & Electric 02/08/2022 Bank Draft 0.00 165.02 0391288686521 7671 Pacific Gas & Electric 02/08/2022 Bank Draft 0.00 9,185.27 0399088685671 7671 Pacific Gas & Electric 02/08/2022 Bank Draft 0.00 3,284.62 0399488683641 7671 Pacific Gas & Electric 02/08/2022 Bank Draft 0.00 58,033.91 0399988688951 7671 Pacific Gas & Electric 02/08/2022 Bank Draft 0.00 58,033.92 0399988689531 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Pooled Cash General Summary
Bank Drafts
EFT's
93 0
0 8
0 0.00
0.00 0.00
0.00 0.00
101 0.00
Payment
472,652.99
0.00 0.00
242,640.07
0.00 715,293.06
Payable
Count
142
0 0
11 0
153
Check Report Date Range: 02/01/2022 - 02/28/2022
3/1/2022 11:57:14 AM Page 3 of 3
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
93 0
0 8
0 0.00
0.00 0.00
0.00 0.00
101 0.00
472,652.99
0.00 0.00
242,640.07
0.00 715,293.06
142
0 0
11 0
153
Fund Name Period Amount
Fund Summary
999 Pooled Cash 2/2022 715,293.06
715,293.06
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: March 8, 2022
AGENDA SECTION: Consent
SUBJECT: Second Reading with Option to Waive the Second Reading of an Ordinance to Adopt the Development Agreement for the Rancho Calera Project PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Ordinance, Development Agreement
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends the City Council waive the second reading and approve an ordinance adopting the Development Agreement for the Rancho Calera project.
BACKGROUND:
On December 9, 2021, the City Council approved a package of project entitlements for the Rancho Calera project, including a General Plan Amendment #19-0003, Zoning Map Amendment #19-0011, Tentative Subdivision Map #21-0010, Development Agreement, Mitigated Negative Declaration (MND), and a Mitigation Monitoring and Reporting Program (MMRP). Upon review of the prior approvals, staff became aware that approval of a development agreement must be made by ordinance. Staff is bringing the previously approved Development Agreement before Council to adopt via ordinance, pursuant to Chowchilla Municipal Code section 17.64.100. The Development Agreement (Attachment A) is unchanged from the version presented to the City Council in December 2021.
Rancho Calera is a 561-acre adopted master planned community east of SR 99 within the City of Chowchilla. The Project site lies approximately one-half mile east of Chowchilla’s City Center, a mile northeast of the Chowchilla Municipal Airport, and immediately northeast of the East Robertson Boulevard and Highway 99 interchange (Attachment 1 and 2). Rancho Calera Development is a project consisting of a mixture of residential, commercial, and civic land uses, school facilities, and land reserved for various parks and open space uses.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines Section 15000 et seq. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was adopted for this Project pursuant to CEQA Guidelines.
FINDINGS:
Before a Development Agreement can be adopted, the City Council must make following findings:
1. The development agreement is consistent with the goals, objectives, and policies of the General Plan;
The proposed Rancho Calera Development Agreement is consistent with the goals, objectives, and policies of the General Plan and the applicable titles.
2. The development agreement is consistent with the Rancho Calera Specific Plan; The proposed Rancho Calera Development Agreement is consistent with the Rancho Calera Specific Plan.
FISCAL IMPACT:
None foreseen at time of report.
ALTERNATIVES:
Deny the Development Agreement this Project.
ACTIONS FOLLOWING APPROVAL
Following the second reading, staff will execute the considered Development Agreement.
ORDINANCE # 508-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA ADOPTING A DEVELOPMENT AGREEMENT FOR THE RANCHO CALERA PROJECT AREA.
WHEREAS, various project entitlements were submitted by Rancho Calera, LLC to amend the approved Rancho Calera Specific Plan; and
WHEREAS, the Chowchilla City Council on December 9, 2021 approved the entitlements, including the proposed Development Agreement; and
WHEREAS, development agreements must be adopted by Ordinance pursuant to Section
17.64.100 of the City’s Municipal Code; and
WHEREAS, the City Council approved a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Project which concluded that all potential impacts would be reduced to a level of less than significant with implementation of all proposed mitigation measures; and WHEREAS, this public hearing was duly noticed for the February 22, 2022 Regular City Council meeting; and
WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 17.64.100 of the City’s Municipal Code in order to adopt a development agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:
Section 1. The Development Agreement for the Rancho Calera Project, attached hereto as Exhibit 1, is hereby adopted.
Section 2. This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
PROVED, PASSED, and ADOPTED this ___ day of __________, 2022.
APPROVED:
________________________
Mayor John Chavez
ATTEST:
_______________________
Joann McClendon, CMC
City Clerk
I, Joann McClendon, City Clerk of the City of Chowchilla, California, do hereby certify that the foregoing Ordinance number 508-22 was duly introduced for the first reading on February 22, 2022 and adopted at a regular meeting of the City Council of the City of Chowchilla on March 8, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Chowchilla on this ___ day of ____________, 2022.
Joann McClendon, CMC
City Clerk
EXHIBIT 1
(Development Agreement)
_____ City _____ Master Developer Page 1 of 50
Development Agreement
by and between
the City of Chowchilla and Rancho Calera, LLC,
relative to the Development known as
Rancho Calera
This Development Agreement (hereinafter “Agreement”) is entered into as of the Effective Date (hereinafter defined) by and among the CITY OF CHOWCHILLA, a municipal corporation (the “City”), and RANCHO CALERA, LLC, a California limited liability company (“RC”).
RECITALS
WHEREAS, to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development, and to reduce the waste of resources, the California Legislature adopted the Development Agreement Statutes (California Government Code §65864, et seq.), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property; WHEREAS, the City adopted Ordinance No. 380-02 which added Chapter 17.64 to the Municipal Code, establishing procedures and requirements for consideration and approval of development agreements;
WHEREAS, this Agreement relates to the development known as Rancho Calera, a mixed-use residential, commercial, and public use community planned by RC for the Project Area (hereinafter defined);
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by the City staff, the Planning Commission (hereinafter defined), and the Council and have been found to be fair, just, and reasonable;
WHEREAS, the best interests of the citizens of the City of Chowchilla and the public health, safety and welfare will be served by entering into this Agreement; WHEREAS, the previous actions of the City, set forth in Exhibit A attached hereto and incorporated herein by this reference, have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters, or will have been at the time the City executes this Agreement; WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Project Area, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project (hereinafter defined), and generally serve the purposes for which development agreements under California Government Code §65864, et seq., and Municipal Code Chapter 17.44 are intended; and _____ City _____ Master Developer Page 2 of 50
WHEREAS, in exchange for these benefits to the City, together with the public benefits to be served by the development of the Project Area, RC desires to receive the assurance that it may proceed with development of the Project Area in accordance with certain existing ordinances, resolutions, policies and regulations of the City pursuant to the terms and conditions contained in this Agreement, based on both Existing and Subsequent Development Approvals (hereinafter defined).
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
1.1.1 “Agreement” means this Development Agreement, as amended from time to time.
1.1.2 “City” means the City of Chowchilla, a municipal corporation.
1.1.3 “City Attorney” means the person holding the office of the same name or the equivalent in the City.
1.1.4 “City Clerk” means the person holding the office of the same name or the equivalent in the City.
1.1.5 “City Administrator” means the person holding the office of the same name or the equivalent in the City.
1.1.6 “Council” means the elected members of the public serving as the City Council of the City of Chowchilla.
1.1.7 “2006 CFD” means that certain Community Facilities District No. 2006-01, Improvement Area 1, adopted by the Council acting as the legislative body of the District, on April 23, 2007, pursuant to Resolution No. 44-07, as amended from time to time.
1.1.8 “Development” means (i) the division of a parcel of land into two (2) or more parcels; (ii) the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; (iii) any excavation, landfill, or land disturbance; and (iv) any use or extension of the use of land.
1.1.9 “Development Approvals” means all permits and other entitlements subject to approval or issuance by the City in connection with Development of the Project Area including, but not limited to all permits and other entitlements (i) approved or issued prior to or concurrent with the Effective Date which are listed in Exhibit A attached hereto and incorporated herein by this reference (the “Existing Development Approvals”), and (ii) obtained by Master Developer and/or an Owner, with the consent of Master Developer, in connection with Development of the Project Area subsequent to the Effective Date, _____ City _____ Master Developer Page 3 of 50
but prior to the expiration of the Term of this Agreement, which are consistent with the General Plan and the Specific Plan (the “Subsequent Development Approvals”).
1.1.10 “Development Exaction” means any requirement of the City in connection with or pursuant to any Land Use Regulations or Ordinances or Development Approvals for the dedication of land, the construction or increase in size of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate, or compensate for the impacts of Development on the environment or other public interests and does not include processing fees.
1.1.11 “Effective Date” means the effective date of the Enacting Ordinance approving this Agreement in accordance with Municipal Code of the City of Chowchilla Section 17.64.
1.1.12 “Enacting Ordinance” means Ordinance No. of the Council adopted by the Council on , 2021, as set forth in Resolution No.
authorizing the City to enter into this Agreement.
1.1.13 “Environmental Impact Report” means the Environmental Impact Report for the Rancho Calera Specific Plan certified by the Council on May 2, 2011, as set forth in Resolution No. 3-11, and on file with the City Clerk, as amended by that certain Mitigated Negative Declaration approved by the Council on , 2021, as set forth in Resolution No. , and on file with the City Clerk.
1.1.14 “Existing Land Use Regulations and Ordinances” means all Land Use Regulations and Ordinances in effect and a matter of public record as of the Effective Date.
1.1.15 “General Plan” means The City of Chowchilla General Plan adopted by the Council on May 2, 2011, as set forth in Resolution No. 45-11, and on file with the City Clerk.
1.1.16 “Lender” means any bank, savings and loan association, insurance company, private equity firm or other source of financing for the acquisition, development, construction, and/or operation of the Project Area.
1.1.17 “LSDF” means Land Secured Debt Financing, a financing mechanism whereby real property secures funds obtained by a public entity for the purpose of constructing and/or maintaining improvements.
1.1.18 “Land Use Regulations and Ordinances” means the City’s rules, regulations, Ordinances, and official policies governing permitted use, density, design, improvement, and construction of the Project Area.
1.1.19 “Master Developer” means Rancho Calera, LLC, a California limited liability company, or any individual or entity which acquires all or a portion of the Project Area and which assumes the obligations of Master Developer set forth in this Agreement.
1.1.20 “Ordinances” means the ordinances, resolutions, and codes of the City governing the permitted uses of land, density, design, improvement, construction standards and specifications applicable to the Development and use of the Project Area. Specifically, but without limiting the generality of the foregoing, Ordinances shall include the City’s _____ City _____ Master Developer Page 4 of 50
General Plan, the Specific Plan, and Zoning Titles of the Municipal Code of the City, and the City’s Building, Electrical, Mechanical, Plumbing, and Fire Codes.
1.1.21 “Owner” means any entity that succeeds to the interest of Master Developer with respect to all or any portion of the Project Area with the intent of constructing commercial or dwelling units for use, sale, or lease to members of the public or other ultimate users, or any other successor in interest to Master Developer as to fee title to a portion of the Project Area.
1.1.22 “Planning Commission” means the appointed members of the public serving as the Planning Commission of the City of Chowchilla.
1.1.23 “Project” means the Development of the Project Area contemplated by the Specific Plan, as such Specific Plan may be further defined, enhanced, amended, or modified.
1.1.24 “Project Area” means the real property described on Exhibit B to this Agreement, attached hereto and incorporated herein by this reference.
1.1.25 “2003 RD” means that certain City of Chowchilla Reassessment District No. 2003- 1, and that certain Resolution of Intention for the Levy of Reassessments adopted by the Council on July 28, 2003, pursuant to Resolution No. 53-03.
1.1.26 “Specific Plan” means the Rancho Calera Specific Plan, including all exhibits and appendices, adopted for the Project Area by the Council on May 2, 2011, and on filed with the City Clerk, as amended pursuant to Ordinance No. , adopted by the Council on , 2021, and on file with the City Clerk.
1.1.27 “Subsequent Land Use Regulations and Ordinances” means those Land Use Regulations and Ordinances adopted and effective after the Effective Date of this Agreement.
1.1.28 “Vest”, “Vesting”, “Vested” mean the conferring of the rights granted to Master Developer under this Agreement and subject to all the terms, conditions and requirements of this Agreement, to proceed with the Development of the Project Area based on the agreement of the City hereunder that certain regulations and requirements in the Development Approvals pertaining to the Development of the Project Area are fixed and, except as permitted by this Agreement, that they cannot be subsequently modified, changed or augmented so as to impose additional requirements or burdens on the Development of the Project Area without Master Developer’s consent.
1.2 Undefined Terms. Terms not defined in Section 1.1 shall have the meanings set forth in this Agreement, the Specific Plan, the General Plan, or the Environmental Impact Report, in that order of priority.
1.3 Exhibits. The following documents are attached to this Agreement as exhibits hereto:
Exhibit A Existing Development Approvals
Exhibit B Legal Description of the Project Area
_____ City _____ Master Developer Page 5 of 50
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Project Area is hereby made subject to this Agreement.
Development of the Project Area is authorized and shall be carried out only in accordance with the terms of this Agreement and the Development Approvals.
2.2 Ownership of the Project Area. Master Developer represents and covenants that it holds the sole and absolute right in fee simple title to the Project Area.
2.3 Term. Notwithstanding any other provision of this Agreement, the term of this Agreement (the “Term”) shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter, unless sooner terminated or extended as hereinafter provided.
2.3.1 Extensions. The City Administrator is authorized to and, upon written request of Master Developer, shall permit two (2) extensions of five (5) years each to the Term, not to exceed thirty (30) years in the aggregate for the Term hereof, if the City Administrator determines with respect to each five (5) year extension that Master Developer is not in default under this Agreement. In the event the City Administrator determines that the Master Developer is in default under this Agreement, the matter shall be referred to Council for review pursuant to Section 9.1 of this Agreement, which could result in termination of this Agreement.
2.3.2 Letter from City Administrator. An extension of the Term of this Agreement pursuant to the foregoing provisions shall not be deemed an amendment of this Agreement and may be evidenced by a letter from the City Administrator, it being the intent of the Enacting Ordinance to authorize a minimum twenty (20) year and a maximum thirty (30) year Term of this Agreement as herein provided and subject to the terms of this Agreement.
2.3.3 Tolling. If any litigation affecting the Project Area is filed challenging any of the Development Approvals or this Agreement (including but not limited to any environmental determinations relating to any of the foregoing), or otherwise raising issues of the validity of the Development Approvals or the valid or binding nature of this Agreement, the Term of this Agreement shall be extended for the period of time such litigation is pending, and upon the conclusion of such litigation by dismissal or final entry of judgment, Master Developer and the City shall record notice to such effect; provided, however, and subject to Section 11.3 below, if such litigation results in a final determination of invalidity of any such actions, the City may terminate this Agreement to the extent necessary to comply with any such final determination.
2.3.4 Reasonable Estimate. The Term has been established by the parties as a reasonable estimate of the time required to implement the necessary requirements of the Existing Development Approvals and to obtain the public benefits of this Agreement.
The City finds that a term of such duration is reasonably necessary to assure the City of the realization of the public benefits from the Project, particularly, but not limited to Development of the public facilities and major infrastructure elements of the Project as set forth in the Specific Plan. In establishing and agreeing to such Term, the City has determined that the Existing Development Approvals and this Agreement incorporate _____ City _____ Master Developer Page 6 of 50
sufficient provisions to permit the City to monitor adequately and respond to changing circumstances and conditions in undertaking actions to carry out the Development Approvals, the Specific Plan, and this Agreement.
2.3.5 Effect of Expiration. Expiration of the Term shall not affect any rights of the Master Developer and Owners arising from the Development Approvals.
2.3.5.1 If any Tentative Map or Final Subdivision Map or Tentative Parcel Map or Final Parcel Map heretofore or hereafter approved in connection with Development of the Project Area is a vesting map under the Subdivision Map Act, and this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a Vested right to develop to an Owner, then and to the extent the rights and protections afforded such Owner under the laws and Ordinances applicable to vesting maps shall supersede the provisions of this Agreement.
2.3.5.2 Pursuant to California Government Code §66452.6(a), the term of the Tentative Maps and Final Subdivision Maps or any re-subdivision or amendment to the Tentative Maps or Final Subdivision Maps (including any lot line adjustment or merger of lots within the Tentative Maps or Final Subdivision Maps) for the Project Area, or any part thereof, or any other Tentative Maps filed subsequent to the Effective Date of this Agreement shall automatically be extended for the Term of this Agreement.
2.4 Assignment. No sale or transfer of the Project Area shall require an amendment to this Agreement when performed in accordance with the provisions of this Agreement.
2.4.1 Assignment. Neither Master Developer nor any Owner shall have an obligation to seek the consent of the City Administrator prior to assigning, transferring, or selling any portion of the Project Area. Within sixty (60) days of any such assignment, transfer, or sale of any portion of the Project Area, Master Developer or the Owner shall deliver to the City a written assignment and assumption agreement fully executed by Master Developer or the Owner, and the buyer, whereby buyer assumes all of those obligations of Master Developer or the Owner relating to that portion of the Project Area acquired by buyer. Upon delivery of the assignment and assumption agreement to the City Administrator, Master Developer or the Owner shall be relieved of the terms and conditions of this Agreement as they relate to that portion of the Project Area transferred to buyer by Master Developer or the Owner, except as otherwise set forth in the assignment and assumption agreement.
2.4.2 Release of Purchaser or Transferee of a Residential or Commercial Lot. A purchaser or transferee of a parcel or lot which has been finally subdivided as provided for in the Specific Plan or any other plan applicable to the Project Area, and for which a certificate of occupancy has been granted by the City, shall be released from the obligations under this Agreement, provided that the parcel or lot cannot be further subdivided and has been individually sold or leased to a member of the public or other ultimate user, as opposed to having been sold or leased in bulk to another Master _____ City _____ Master Developer Page 7 of 50
Developer or builder or having been sold or leased individually to a builder or other investor prior to construction of improvements to be occupied by the ultimate user. City shall, upon written request made by Master Developer to the City, determine if the Agreement has been terminated with respect to any parcel or lot within the Property, and shall not unreasonably withhold, condition, or delay termination as to that lot or parcel.
Upon termination of this Agreement as to any lot or parcel, City shall upon Master Developer’s request record a notice of termination that the Agreement has been terminated as to that parcel or lot within the Property. The aforesaid notice may specify, and Master Developer agrees, that termination shall not affect in any manner any continuing obligation to pay any item specified by this Agreement. Termination of this Agreement as to any parcel or lot within the Property shall not affect Master Developer’s rights or obligations under any of the Development Approvals, including but not limited to, the General Plan, Specific Plan, Existing Land Use Regulations and Ordinances, and all other City policies, regulations, and ordinances applicable to the Project Area or the Property. City may charge a reasonable fee for the preparation and recordation of any notices of termination requested by Master Developer.
3. AMENDMENT
3.1 Amendment of this Agreement. This Agreement may be amended or canceled in whole or in part from time to time by the mutual written agreement of the City and Master Developer.
3.1.1 Notice and Public Hearing Requirements. Prior to amending or cancelling this Agreement, in whole or in part, the City shall provide the notice and/or conduct a public hearing required pursuant to California Government Code §65868. Such amendment may be approved by City ordinance. Notwithstanding the foregoing, no public notice or hearing shall be required for any amendment which (a) does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Area, (iii) provisions for the reservation or dedication of land, (iv) the density or intensity of use of the Project Area or the maximum height or size of proposed structures, or (v) monetary contributions by Master Developer, or (b) is intended to create consistency with an Administrative Minor Deviation made to the Specific Plan as permitted by the Specific Plan (“Ministerial Agreement Amendments”). Ministerial Agreement Amendments shall be evidenced in writing and executed by Master Developer and the City Administrator.
3.1.2 Amendment to the Development Approvals. No amendment to this Agreement shall be required as the result of any amendment to the Development Approvals. All Subsequent Development Approvals shall be automatically incorporated into this Agreement, shall be deemed Vested upon approval, and shall be an integral part hereof.
3.1.3 Conditions of Approval. The City shall not impose as a condition to any amendment to this Agreement, any new Development Exaction or other imposition not otherwise permitted under this Agreement, except to the extent the amendment will directly result in new burdens or impacts requiring additional mitigation or insofar as the amendment results in new or additional unmitigated significant environmental impacts. _____ City _____ Master Developer Page 8 of 50
3.2 Interpretation. The parties acknowledge that this Agreement, like all agreements, may be subject to interpretation. This Agreement is the product of mutual negotiations and participation by both the City and Master Developer (each a “Party” and collectively, the “Parties”). For purposes of construing the meaning or effect of this Agreement, or any portion hereof, it shall be presumed this Agreement was drafted by both Parties and not as if it had been prepared by one Party or the other. Each Party to this Agreement specifically acknowledges that it had sufficient opportunity to review the Agreement, confer with its separate legal counsel regarding the meaning of this Agreement and any provision contained herein, and negotiate revisions to this Agreement. Notwithstanding the foregoing, the City Administrator (with the advice and consent of the City Attorney’s office) may issue written interpretations of this Agreement. A copy of any such written interpretation shall be given to Master Developer and any Owners. If Master Developer or any Owners disagrees with any such interpretation, Master Developer and/or the Owners may appeal that interpretation to the Planning Commission by means of a notice in writing to the Planning Commission specifying the basis of the disagreement with the interpretation. The Planning Commission shall, within thirty (30) days after receipt of the written appeal of the interpretation, hold a hearing at which the City Administrator’s interpretation will be reviewed. The Planning Commission shall then determine, within thirty (30) days after completion of the hearing, whether the Planning Commission agrees with the interpretation or if it deems it appropriate to modify or withdraw the interpretation of the City Administrator. Either Party may appeal the decision of the Planning Commission to the City Council, which shall follow the Planning Commission process set forth above in reviewing any appeal to a Planning Commission decision. The decision of the City Council as to an interpretation shall be considered a final determination of the issue and, therefore, an exhaustion of administrative remedies.
3.3 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
3.3.1 Expiration of the stated Term of this Agreement, including all extensions of the same permitted pursuant to Section 2.3 of this Agreement;
3.3.2 Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the Enacting Ordinance approving this Agreement; provided, however, that so long as the judgment of any such court is on appeal to a higher court, this Agreement shall remain in full force and effect;
3.3.3 Except as provided in Section 4.7.2 below, the adoption of a referendum measure overriding or repealing the Enacting Ordinance approving this Agreement;
3.3.4 Completion of the Project in accordance with the terms of this Agreement including issuance of all required certificates of occupancy and acceptance by the City or applicable public agency of all required dedications; or
3.3.5 Cancellation pursuant to a Non-Compliance Finding, all as more particularly set forth in Section 8.4 and Section 8.5 below.
As allowed by law, termination of this Agreement shall not constitute termination of any Development Approvals effective as of the date of termination. Upon the termination of _____ City _____ Master Developer Page 9 of 50
this Agreement, no Party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to obligations which expressly survive termination of this Agreement.
3.4 Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered via email (followed by another method of delivery), in person, or dispatched by certified mail, postage prepaid. Notice required to be given to the City shall be addressed as follows:
Chowchilla Civic Center
130 S. Second Street
Civic Center Plaza
Chowchilla, CA 93610
Attn: City Administrator
Fax No. (559) 665-7419
[email protected]
With a copy to:
Lozano Smith
7404 N. Spalding Avenue
Fresno, CA 93720
Attn: City Attorney for the City of Chowchilla
Fax No. (559) 341-5600
[email protected]
Notices required or provided for under this Agreement to be given to Master Developer shall be addressed as follows:
Rancho Calera, LLC
175 East Main Ave., Suite 110
Morgan Hill, CA 95037
Attn: Manager
Fax No. (408) 782-1662
[email protected]
With a copy to:
Hardt Mason Law
175 East Main Ave., Suite 110
Morgan Hill, CA 95037
Attn: Katharine Hardt-Mason
Fax No. (408) 778-3031
[email protected]
A Party may change its address by giving notice in writing to the other Party. In the event the City or Master Developer retains different counsel, the Party retaining different counsel shall _____ City _____ Master Developer Page 10 of 50
provide notice thereof to the other Party. Thereafter, notices, demands, and other pertinent correspondence shall be addressed and transmitted to the new address.
3.5 Applicable Law: Except as otherwise provided herein, the rules, regulations, official policies, standards, and specifications applicable to the Project shall be the Existing Land Use Regulations and Ordinances, and those set forth in this Agreement and the Development Approvals. With respect to matters not addressed by this Agreement or the Development Approvals, those rules, regulations, official policies, standards and specifications (including Ordinances and resolutions) governing permitted uses, building locations, timing of construction, densities, design, heights, fees, exactions, and taxes in force and effect on the Effective Date of this Agreement, as long as such rules are consistent with this Agreement, the Development Approvals, and the Project, shall be applicable to the Project.
3.6 Conflict of City and State or Federal Laws: As provided in California Government Code §65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations (“Changes in Law”). In the event Changes in Law prevent or preclude compliance with one or more provisions of this Agreement and provided the terms and conditions set forth in Section 11.3 below can be met, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in Law, and City and Master Developer shall take such action as may be required pursuant to this Agreement. City shall cooperate with Master Developer and the Owners in the securing of any permits or approvals that may be required as a result of such modification or suspensions.
3.7 Hold Harmless Agreement. Throughout the Term of this Agreement, Master Developer and each successor Owner shall indemnify, defend, and hold the City and the City’s elected and appointed officials, officers, agents, employees, contractors, consultants, and other third parties retained by the City (the “City Parties”) harmless from any and all claims, actions, or proceedings against the City or City Parties to challenge, attack, set aside, void, or annul this Agreement and/or any approval by the City concerning the Project, including any challenges to associated environmental review, and for any and all costs, attorneys fees, and/or damages arising therefrom, and from any and all claims, liability, and damages of any kind, including but not limited to personal injury or property damage, which may arise from the performance, failure to perform, or operations of Master Developer and each successor Owner, and all contractors, subcontractors, agents, or employees of Master Developer and each successor Owner under this Agreement, specifically including the requirements of Section 11.20 below, whether such operations be by Master Developer, a successor Owner, or by any of the contractors, subcontractors, or any one or more persons directly or indirectly employed by, or acting as agent for Master Developer or a successor Owner, except to the extent of any liability for damage which may arise from the negligence or willful misconduct of the City or the City Parties. The City reserves the right to participate in the defense and may recover its own reasonable attorney fees, court costs, and staff costs from Master Developer or such successor Owners of all or any portion of the Project Area. However, Master Developer or any such successor Owners of all or any portion of the Project Area may at any time elect to abandon the benefits of this Agreement, or any part thereof that is the subject of a legal challenge, and upon such abandonment, the party _____ City _____ Master Developer Page 11 of 50
abandoning the benefits of this Agreement shall have no further obligation to defend or indemnify the City for its defense beyond costs incurred up to and including the date of abandonment should the City elect to continue to litigate the particular issue. The preceding sentence shall in no way limit Master Developer’s and each successor Owner’s indemnity obligations for liability or damages of any kind as otherwise provided in this Section 3.7.
4. USE AND DEVELOPMENT OF THE PROPERTY.
4.1 Use of the Project Area. Subject to the terms of this Agreement, including the Reservations of Authority set forth in Section 4.7 below, the Project Area shall be used and developed only for those uses set forth in the Development Approvals, and for such other uses that may be mutually agreed upon by the parties hereto, whether as a result of amendments to this Agreement or amendments to the Development Approvals.
4.2 Right to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, Master Developer and the Owner(s) shall have the Vested right to develop the Project Area in accordance with the Development Plan set forth in the Specific Plan as it appeared on the Effective Date, which permits the construction of up to 2,042 residential dwelling units and up to 308,405 square feet of commercial space, all as more particularly set forth in the Specific Plan.
4.3 Maximum Height. The maximum height and size of structures to be constructed within the Project Area shall be governed by the Specific Plan.
4.4 Development of the Project Area. Subsequent Development Approvals necessary to develop the Project, including amendments to Development Approvals, shall be reviewed for approval by the City in accordance with Section 5.2 through Section 5.4 of the Specific Plan, the Existing Land Use Regulations and Ordinances, and any restrictions or other limitations set forth in this Agreement. City agrees that once the City has approved a tentative subdivision map and associated improvement plan for any part of the Property, prior to recordation of the final map for such subdivision or portion thereof, permits shall be issued for grading and installation of infrastructure for the relevant area at the subdivider’s risk prior to recordation of the final map.
4.4.1 Master Developer shall have the right to review and approve all tentative subdivision maps, site development plans, improvement plans, and architectural plans related to development of any portion of the Project, excepting any subdivision maps, site development plans, improvement plans, and architectural plans prepared by or on behalf of the City in connection with development of any public facility or public park being constructed by or on behalf of the City. Each Owner shall have the option of submitting any such Subsequent Development Approvals to Master Developer prior to submission of the same to the City for review and approval, or submitting such Subsequent Development Approvals to the City, following which the City shall forward the same to Master Developer for review and approval. In the event the City receives a tentative map, site development plan, improvement plan, or architectural plan which is not accompanied by a written letter from Master Developer approving the same (each a “Master Developer Letter of Approval”), the City shall forward the same to Master Developer for review and approval. Master Developer shall have fifteen (15) business days to review any such Subsequent Development Approvals submitted to it by the City _____ City _____ Master Developer Page 12 of 50
(the “Master Developer Review Period”). Prior to termination of the Master Developer Review Period, Master Developer shall deliver to the City either a Master Developer Letter of Approval or notice of Master Developer’s rejection of such submission. Master Developer shall work with the Owner of a submission which was rejected by Master Developer and the City in reaching an agreement for approval of the same. Failure by Master Developer to deliver a Master Developer Letter of Approval during the Master Developer Review Period shall be deemed approval of the submission delivered to Master Developer. Except for the situation in which Master Developer fails to deliver a Master Developer Letter of Approval within the Master Developer Review Period, the City shall proceed with processing any of the foregoing identified Subsequent Development Approvals only upon receipt of a Master Developer Letter of Approval.
4.5 Water Rights. Subject to the terms and conditions set forth in this Section 4.5, Master Developer has agreed and does hereby agree to release and relinquish to City all of its right, title and interest in all water located on or under the Project Area. Notwithstanding the foregoing, Master Developer shall retain all of its right, title, and interest in the water and/or water rights set forth in the agreements with the Chowchilla Water District (“CWD”), the Bureau of Reclamation (“BuRec”), and Pheasant Run, LLC, (“PR”), including all heirs, successors, and assigns of CWD, BuRec, and PR. Additionally, Master Developer shall have the right to apply for agricultural water well permits if Master Developer elects, at its sole and absolute discretion, to allow for agricultural use of the Project Area in the event the Project Area, or any portion thereof, cannot be developed due to reasons beyond Master Developer’s control.
4.6 No Additional Reservations or Dedications of Land for Public Purposes. The terms and conditions set forth in Section 5.1 of the Specific Plan shall control with regard to additional reservations and dedications of land.
4.7 Reservations of Authority.
4.7.1 Limitations, Reservations and Exceptions. Notwithstanding the intent of the parties to this Agreement to enable Master Developer and the Owners of the Project Area to develop the Project Area in accordance with the Development Approvals and the Existing Land Use Regulations and Ordinances, to the extent legally permissible, and notwithstanding any other provision of this Agreement, the City and Master Developer acknowledge and agree that the following Subsequent Land Use Regulations and Ordinances shall apply to the Development of the Project Area:
4.7.1.1 Processing, inspection and similar fees and charges imposed by the City to cover the estimated actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued;
4.7.1.2 Except as otherwise set forth in this Agreement, procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure; _____ City _____ Master Developer Page 13 of 50
4.7.1.3 Regulations governing construction standards and specifications, including without limitation, the City’s adopted Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code; and
4.7.1.4 Regulations which may be in conflict with the Existing Land Use Regulations and Ordinances, but which are reasonably necessary to protect the public health, safety, and welfare. To the extent possible, any such regulations shall be applied and construed so as to provide Master Developer with the rights and assurances provided under this Agreement.
4.7.2 Development Control Limitations. To the extent allowed by law, no other land use regulations, rules or policies enacted or adopted subsequent to the Effective Date of this Agreement, whether enacted by action of the City or by initiative, referendum or otherwise, including, without limitation, those which limit or restrict the rate, timing or sequencing of development of the Project, or any inclusionary housing ordinance, affordable housing ordinance, or similar ordinance that would require Master Developer to provide a minimum number of below-market rate housing units at the Property or pay a fee in-lieu of providing below-market rate housing units at the property (“development control limitations”) shall apply to the Project. The City agrees to cooperate with Master Developer and the Owners of the Project Area in a reasonable manner in order to keep this Agreement in full force and effect notwithstanding any such development control limitations.
4.7.3 Intent. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited in accordance with California Government Code §65866 and §65869.5. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to the City all such power and authority which cannot be restricted by contract.
4.8 Provision of Real Property Area Interests by City. In any instance where Master Developer or an Owner is required to construct any public improvement on land not owned by Master Developer or such Owner, Master Developer or the Owner shall, at its sole cost and expense, use its best efforts to provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event Master Developer or the Owner is unable after exercising reasonable efforts, including, but not limited to, the rights under California Civil Code §§1001 and 1002, to acquire the real property interests necessary for the construction of such public improvements, if requested by Master Developer or the Owner and upon Master Developer’s or the Owner’s provision of adequate security for costs the City may reasonably incur, the City may negotiate the purchase of the necessary real property interests to allow Master Developer or such Owner to construct the public improvements as required by this Agreement or the Development Approvals, and/or, in accordance with the procedures established by law, the City may use its power of eminent domain to acquire such required real property interests, in City’s sole discretion and without any obligation to purchase or acquire by eminent domain any real property interest. Master Developer or the Owner shall pay all costs associated with such acquisition or condemnation proceedings. This Section 4.8 is not intended _____ City _____ Master Developer Page 14 of 50
by the parties to impose upon Master Developer or any Owner an enforceable duty to acquire land or construct any public improvements on land not owned by Master Developer or an Owner, except to the extent that Master Developer or such Owner elects to proceed with Development of the Project, and then only in accordance with valid conditions imposed by the City upon the Development of the Project under the Subdivision Map Act or other legal authority. The requirement for such non-owned or off-site improvements may be waived by the City at its sole discretion. However, in accordance with California Government Code §66462.5, (a) A city, county, or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the final map is filed with the local agency, to permit the improvements to be made. In such cases, unless the city, county, or city and county requires the subdivider to enter into an agreement pursuant to subdivision (c), the city, county or city and county shall, within 120 days of the filing of the final map, pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of that title.
(b) If a city, county, or city and county has not required the subdivider to enter into an agreement pursuant to subdivision (c) and if a city, county, or city and county fails to meet the 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. The waiver shall occur whether or not the city, county, or city and county has postponed or refused approval of the final map pursuant to subdivision (a).
(c) Prior to approval of the final map the city, county, or city and county may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city, county, or city and county acquires an interest in the land that will permit the improvements to be made.
The Parties agree that should Master Developer or any Owner seek approval of a final map prior to completion of any offsite improvements as described in Government Code section 66462.5, subdivision (a), this Agreement shall constitute an agreement to complete such improvements as contemplated in Government Code section 66462.5, subdivision (c), as described above.
4.9 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Project separately or jointly with the City and this Agreement does not limit the authority of such other public agencies. Notwithstanding the foregoing, the City agrees that _____ City _____ Master Developer Page 15 of 50
it shall assist Master Developer and all Owners in obtaining those approvals necessary to develop the Project Area.
5. RC DEVELOPMENT IMPACT FEES.
5.1 RC Development Impact Fees- Intent of the Parties. Master Developer and the Owners shall be responsible for the payment of the development impact fees set forth in Section 5.2 below, as amended from time to time and increased or decreased as set forth in Section 5.2.5 below (the “RC Development Impact Fees”). The parties hereby acknowledge and agree that the RC Development Impact Fees are (a) substantially similar to the citywide development impact fees in both purposes and amounts, and (b) intended to be a complete and absolute substitution for the payment of any citywide development impact fees or any additional development impact fees imposed by the City throughout the Term of this Agreement. Except for the obligation to pay the RC Development Impact Fees identified in Section 5.2, neither Master Developer nor any Owner shall be responsible for the payment of any additional development impact fees imposed by the City.
5.2 RC Development Impact Fees. The RC Development Impact Fees, which are applicable to the Project Area only and which remain subject to all citywide development impact fee increases and decreases throughout the Term of this Agreement, all as more particularly set forth in Section
5.2.5 below, are as follows:
……..
1 As of the Effective Date of this Agreement, the Citywide Traffic Impact Fee imposed on all new development is $6,047.59 per residential unit. $1,358.00 of the Citywide Traffic Impact Fee due for each residential unit has been moved to the City East Robertson Blvd Improvement Fee to cover the cost of the City East Robertson Blvd Improvements (see Section 5.2.2.1 below). 2 The Parks and Recreation Impact Fee is comprised of the major community park fee, more particularly set forth in Section 5.2.4.1 ($425.76), and the adjusted minor community park, more particularly set forth in Section 5.2.4.2 below ($237.13), for a total RC Park and Recreation Impact Fee of $662.89. No neighborhood park fee is included in the Parks and Recreation Impact Fee for the reasons set forth in Section 5.2.4.3 below.
RC Development Impact Fees Residential
(per unit)
Commercial
(per sq. ft)
RC Citywide Traffic Impact Fee $4,689.591 $2.03
East Robertson Blvd Improvement Fee
City East Robertson Blvd Impact Fee $1,358.00 $0
RC East Robertson Blvd Beautification
Impact Fee $5,863.00 $0
RC Signalization Impact Fee $238.42 $0.19
RC Sewer Treatment Impact Fee $6,186.94 $1.33
RC Water Supply Impact Fee $2,253.05 $0.51
RC General City Facilities Impact Fee 961.24 $0.42
RC Fire Facilities Impact Fee $1,751.01 $0.74
RC Police Facilities Impact Fee $945.48 $0.40
RC Storm Drain Impact Fee $0 $0
RC Parks and Recreation Impact Fee $662.892 $0
Total RC Development Impact Fees: $24,909.62 $5.62
_____ City _____ Master Developer Page 16 of 50
5.2.1 Payment of the RC Development Impact Fees. The RC Development Impact Fees shall be paid to the City concurrent with issuance by the City of a certificate of occupancy for each structure within that portion of the Project Area being developed by Master Developer or an Owner. The City may refuse to issue a certificate of occupancy for any structure within the Project Area for which the RC Development Impact Fees have not been paid.
5.2.2 East Robertson Blvd Improvement Fee. The East Robertson Blvd Improvement Fee, set forth in Section 5.2 above shall be placed in a segregated bank account and used solely for the purpose of constructing the East Robertson Blvd Improvements defined below, including without limitation those costs and fees related to the design, engineering, construction, and management of constructing the East Robertson Blvd Improvements, and for no other purposes, until such time as the East Robertson Blvd Improvements are complete. Upon completion and acceptance of the East Robertson Blvd Improvements by the City and provided any reimbursements due to Master Developer pursuant to Section 6.3.2.5 below have been delivered to Master Developer, any East Robertson Blvd Improvement Fees remaining or deposited in the segregated account or paid to the City shall be available to the City for those uses set forth in Section
6.3.2.7 below. The terms and conditions related to use of the East Robertson Blvd Improvement Fee and construction of the East Robertson Blvd Improvements are more particularly set forth in Section 6.3 below.
5.2.2.1 The East Robertson Blvd Improvement Fee consists of two components.
The first component, the City East Robertson Blvd Impact Fee set forth in Section
5.2 above in the amount of $1,358.00 per residential dwelling unit, is intended to cover those costs for which the City is responsible, namely (i) the median (including irrigation and landscaping), and (ii) two travel lanes (the two travel lanes on the north side of the median to the northern curb) within the East Robertson Blvd- Phase 1 Improvements, and (iii) one travel lane (the travel lane on the north side of the median to the northern curb) within the East Robertson Blvd-Phase 2 & 3 improvements (the “City East Robertson Blvd Improvements”), all as more particularly shown in Schedule 5.2.2.1. The second component, the East Robertson Blvd Beautification Impact Fee set forth in Section 5.2 above in the amount of $5,863.00 per residential dwelling unit, is intended to cover those costs for which the Master Developer is responsible, namely (a) the bike/pedestrian path, curb and gutter, landscaped setback (including a sidewalk, bus shelter, irrigation and landscaping), from the edge of the northern East Robertson Blvd travel lane to the northern boundary of the East Robertson Blvd public right of way, and where applicable in East Robertson Blvd Phase 2 & 3, the hydroseeded interim landscaping from the edge of the northern East Robertson Blvd travel lane to the northern boundary of the East Robertson Blvd public right of way, (b) any underground wet and dry utilities and infrastructure within the East Robertson Blvd public right of way which are required for Development of the Project Area (including fire hydrants), and (c) undergrounding of the PG&E power line and all _____ City _____ Master Developer Page 17 of 50
related equipment and fixtures within the East Robertson Blvd right of way (the “Master Developer East Robertson Blvd Improvements”, and together with the City East Robertson Blvd Improvements, collectively the “East Robertson Blvd Improvements”).
5.2.3 RC Storm Drain Impact Fees. At no time during the term of this Agreement shall Master Developer, an Owner, or any portion of the Project Area be subject to the payment of storm drain impact fees, it being the agreement of the parties hereto that no such impact fees are due to the City as the result of infrastructure already constructed to serve a portion of the Project Area and the obligation of Master Developer or the Owners to construct all other storm drain improvements within the Project Area.
5.2.4 RC Park and Recreation Impact Fees. The RC Park and Recreation Impact Fee set forth in Section 5.2 above, which are lower than those set forth on the citywide development impact fee schedule as of the Effective Date, are intended to reflect the obligations of the City, the Master Developer, and Owners with regard to construction and dedication of all parks within the Project Area. The amount set forth in Section 5.2 is based on the information set forth in the City’s nexus study3 relating to the development of major community parks, minor community parks, and neighborhood parks, and the obligations of Master Developer and the Owners with regard to the same. The City’s nexus study sets forth a development impact fee for each of these park categories, all of which are applicable only to residential development. Based on the following, the parties have agreed, and do hereby agree, that neither Master Developer nor any Owner shall be responsible for payment of the entire park and recreation citywide development impact fees charged to all residential developers as of the Effective Date. Rather, Master Developer and the Owners shall be responsible for the RC Park and Recreation Impact Fee set forth in Section 5.2 above which the parties acknowledge and agree is a fair amount in light of the following:
5.2.4.1 Because there is no major community park within the Project Area, Master Developer and the Owners shall be charged the full amount of the major community parks component of the parks and recreation citywide development impact fees ($425.76 per residential unit), which may be adjusted from time to time by the City as set forth in Section 5.2.5 below.
5.2.4.2 Master Developer shall dedicate the 12.9 acre minor community park land located within the Project Area to the City per the terms of Section 5.5.6 of the Specific Plan4. In exchange for dedication of this land to the City, the City has 3 The Adopted Update of Development Impact Fees for the City of Chowchilla, June 13, 2005. 4 Per the City’s nexus study, the value of this land is Seven Hundred Nine Thousand Five Hundred and no/100th Dollars ($709,500) (12.9 acres multiplied by $55,000 per acre = $709,500). _____ City _____ Master Developer Page 18 of 50
agreed to reduce the minor community park citywide development impact fees from $584.58 to $237.13 per residential unit (the “Minor Community Park Fee”)5.
5.2.4.3 According to the General Plan, it is the City’s goal to have all neighborhood parks constructed by the builder developing the surrounding neighborhood and then dedicated to the City. As set forth in Section 5.5.6 of the Specific Plan, Master Developer has agreed to the construction of all neighborhood parks within the Project Area by either Master Developer or the Owners. The City will therefore not have to spend any of the citywide development impact fees collected for neighborhood parks on the acquisition of land for or construction of any neighborhood parks within the Project Area. In consideration of this obligation being assumed by Master Developer on behalf of itself and the Owners, the City has agreed and does hereby agree to waive all neighborhood park citywide development impact fees.
5.2.5 Increases and Decreases to the RC Development Impact Fees. Subject to the terms and conditions set forth in Section 5.2.3 above and in this Section 5.2.5, any and all increases or decreases to the citywide development impact fees adopted by the City shall apply to the Project Area in the same percentage increase or decrease applied to all new development in the City with the exception of the East Robertson Blvd Improvement Fee, the RC Storm Drain Impact Fee, and the RC Parks and Recreation Impact Fee which can only be modified with the consent of Master Developer. Prior to consideration of any increases or decreases to the citywide development impact fees, the City shall provide written notice thereof to Master Developer and all Owners. Upon adoption by the City of any such increases or decreases to the citywide development impact fees, the RC Development Impact Fees set forth in Section 5.2 above shall be updated by the same percentage increase or decrease to the citywide development impact fees, evidence of which shall be provided via an amendment to this Agreement signed by both Parties, the sole purpose of which shall be to substitute the table set forth in Section 5.2 above with the updated RC Development Impact Fees. In the event the City changes the names or purposes of the citywide development impact fees or reorganizes the citywide development impact fees in effect as of the Effective Date, the same shall apply to the RC Development Impact Fees, subject to the following: (i) the Project Area shall not be subject to any new or modified storm drain impact fees, and (ii) the Project Area shall not be subject to any new or modified fees which would generally fall within the category of the storm drain impact fees. The Project Area shall not be subject to new development impact fees outside of the categories set forth in Section 5.2 which are adopted by the City during the Term of this Agreement.
5.2.5.1 On February 9, 2021, the Council adopted Resolution #12-21, which reduced all residential development impact fees from July 1, 2021, through June 5 The Minor Community Park Fee was established by multiplying the total number of residential units that can be built within the project area (2,042) by the current minor community park fee ($584.58), then subtracting the value of the land being dedicated to the City ($709,500) and then dividing that sum by the total number of residential units that can be built within the Project Area (2,042 x 584.58 – 709,000) / 2,042 = $237.13. _____ City _____ Master Developer Page 19 of 50
30, 2023, subject to extension by Council. Pursuant to the terms of Resolution #12-21, the residential development impact fees for all residential development within Rancho Calera, which is in Zone 1, is $11,066.65 per residential unit. This sum does not reflect a reduction in the storm drain impact fee, required by Section
5.2.3 above, or the parks and recreation impact fee, required by Section 5.2.4 above. For the reasons set forth in this Agreement, the storm drain impact fee has been removed and the parks and recreation impact fee has been reduced, but the East Robertson Blvd Improvement Fee has not been reduced because the cost to construct the East Robertson Blvd Improvements is a set cost. In summary, from July 1, 2021, through June 30, 2023, the RC Development Impact Fees for all residential development with the Project Area shall be:
The terms of this Section 5.2.5.1 shall supersede the residential RC Development Impact Fees set forth in Section 5.2 above for the term set forth in Resolution #12- 21, payment of which remain subject to Section 5.2.1 above.
5.2.5.2 As of the Effective Date of this Agreement, the City is processing those studies and documents required to update the citywide development impact fees for both residential and commercial development. It is believed that through this process, the citywide development impact fees will be reduced as the result of changes to public work projects which were contemplated in the existing nexus study. In completing this process, the City shall take into account the terms set forth in Section 5.2.5 above relating to those development impact fees which are 6 For the reasons set forth above, the temporary RC Citywide Traffic Impact Fee has been reduced to $2,344.80 per residential unit.
RC Development Impact Fees Residential
(per unit)
RC Citywide Traffic Impact Fee $2,344.806
East Robertson Blvd Improvement Fee
City East Robertson Blvd. Impact Fee $1,358.00
RC East Robertson Blvd. Beautification
Impact Fee $5,863.00
RC Signalization Impact Fee $119.21
RC Sewer Treatment Impact Fee $3,093.47
RC Water Supply Impact Fee $1,126.53
RC General City Facilities Impact Fee $480.62
RC Fire Facilities Impact Fee $875.51
RC Police Facilities Impact Fee $472.74
RC Storm Drain Impact Fee $0
RC Parks and Recreation Impact Fee $331.44
Total RC Development Impact Fees: $16,065.31
_____ City _____ Master Developer Page 20 of 50
not applicable to or reduced for the Project. Upon completion of the process set forth in this Section 5.2.5.2, the Parties shall comply with the terms set forth in Section 5.2.5 above regarding amendment to this Agreement to insert a new RC Development Impact Fee table in Section 5.2 reflecting those citywide development impact fees which are applicable to the Project, including the East Robertson Blvd Improvement Fee.
5.2.6 Use and Availability of the RC Development Impact Fees. Except as set forth in this Agreement, the City shall have the right to use the RC Development Impact Fees for those purposes identified by the City in its nexus study, for those obligations set forth in the Development Approvals, capital facilities improvement plans, a specific plan or a general plan, or as otherwise permitted by law. The RC Development Impact Fees shall be available to the City for use upon payment thereof by Master Developer or an Owner in accordance with Section 5.2.1 above.
5.3 Right to Object. Notwithstanding anything to the contrary set forth herein, to the extent otherwise allowed by law, Master Developer and the Owners shall have the right to object to or comment on any new or revised citywide development impact fees which are proposed by Council during the Term of this Agreement.
5.4 Miscellaneous Fees.
5.4.1 Processing Fees. The City may charge processing fees for land use approvals, building permits, and other similar permits and entitlements which fees are in force and effect on a citywide basis at the time an application is submitted for those permits, except as provided to the contrary in this Agreement. Such fees shall not be increased after submission of the application unless justified by an increase in the estimated reasonable cost to the City for performing the work for which the particular fee is paid and limited to an amount which will compensate the City for the estimated reasonable cost and increases incurred, as permitted pursuant to California Government Code §66104, et seq.
5.4.2 Additional Fees. In addition to payment of the RC Development Impact Fees set forth above, the City may collect additional fees or exactions which meet one of the following definitions: (1) they are directly imposed by another governmental agency and the City is required to collect the additional fees; or (2) they are uniformly imposed on all comparable residential or commercial development projects within the City and are required solely to provide capital infrastructure facilities or improvements needed for health and safety reasons as a direct result of the Project and are otherwise consistent with California Government Code §66000 et seq., the General Plan, and the Specific Plan.
5.4.3 New Citywide Taxes, Liens, and Assessments. Except for any agreement for special taxes, liens and assessments between the City and Master Developer entered into prior to the Effective Date, or any agreement for special taxes, liens, and assessments contemplated by this Agreement (see Section 7) or the Development Approvals, the City shall not subject the Project Area, or any part thereof, to any special taxes, liens or assessments not applicable to the residents of the City as a whole unless approved in accordance with applicable State law by Master Developer and the affected Owners or _____ City _____ Master Developer Page 21 of 50
imposed by a vote of Master Developer and the Owners or electors in the area to be taxed or assessed. The City shall give Master Developer and the Owners not less than sixty (60) days’ notice of any City proposal to impose such a special tax, lien or assessment, and an opportunity to be heard.
5.4.4 Construction of Public Improvements. Except as set forth in this Agreement, no fees shall be due in connection with the construction of any structure or improvements built on property to be donated or dedicated to the City or any other public or quasipublic entity regardless of who builds any such structure.
5.4.5 Administrative Fee. In consideration of the services being provided to Master Developer in connection with collection and disbursement of the East Robertson Blvd Improvement Fee, Master Developer shall pay the City a one percent (1%) administrative fee based on the total East Robertson Blvd Improvement Fees paid to the City during each calendar year (the “Administrative Fee”) until such time as the Project is fully constructed. On or before January 15th of each year following which any East Robertson Blvd Improvement Fees are paid to the City, the City shall deliver to Master Developer notice of the total East Robertson Blvd Improvement Fees paid to the City during the prior calendar year. Within sixty (60) days of receipt of such notice, Master Developer shall deliver to the City funds equal to one percent (1%) of the total East Robertson Blvd Improvement Fees paid to the City during the prior calendar year.
6. PUBLIC IMPROVEMENTS AND DEDICATIONS.
6.1 Project Development and Construction of Public Improvements. Master Developer and the Owners shall construct and develop certain public infrastructure improvements within and adjacent to the Project Area in conjunction with the various phases of construction and Development activity on the Project Area, all as more particularly set forth in the Specific Plan.
6.2 Phasing. The Project has been designed generally for public infrastructure construction concurrent with residential neighborhood construction and commercial center construction. The phasing, timing, and rate of Development, however, depend on numerous factors that are not within the control of Master Developer or the City. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, the California Supreme Court held that a construction company was not exempt from a city’s growth control ordinance notwithstanding that the construction company and the city had entered into a consent judgment (tantamount to a contract under California law) establishing the company’s vested rights to develop its property in accordance with the zoning.
The California Supreme Court reached this result on the basis that the consent judgment failed to address the timing of development. It is the intent of the parties to this Agreement to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Master Developer shall have the Vested right to develop the Project Area in accordance with the terms of this Agreement and those set forth in the Specific Plan relating to construction of public improvements in such order and at such rate and at such time as Master Developer deems appropriate within the exercise of Master Developer’s sole subjective business judgment, notwithstanding the adoption of an initiative after the Effective Date by the City’s electorate to the contrary or any City moratorium or other similar limitation. _____ City _____ Master Developer Page 22 of 50
6.3 Construction of the East Robertson Blvd Improvements. In exchange for the terms and conditions set forth in this Agreement, Master Developer has agreed, and does hereby agree to construct the East Robertson Blvd Improvements, more particularly defined in Section 5.2.2.1 below, according to the phasing plan more particularly set forth in Section 6.3.1 below, using the East Robertson Blvd Improvement Fee for construction of the East Robertson Blvd Improvements, pursuant to the terms and conditions of this Section 6.3.
6.3.1 Phased Construction. The East Robertson Blvd Improvements shall be constructed, including undergrounding of the PG&E power line, by Master Developer in accordance with the Rancho Calera Specific Plan Amendment Transportation Impact Analysis, a copy of which is on file with the City Clerk, the East Robertson Blvd Phasing Plan, attached hereto as Schedule 6.3.1 and incorporated herein, and as further set forth herein. Master Developer shall be entitled to construct up to 215 dwelling units anywhere within the Project Area prior to constructing any East Robertson Blvd Improvements.
6.3.1.1 Prior to issuance of the 216th building permit anywhere in the Project Area, Master Developer shall construct the East Robertson Blvd Improvements shown on Schedule 5.2.2.1 within that area of East Robertson Blvd identified as East Robertson Blvd – Phase 1 on Schedule 6.3.1.
6.3.1.2 Prior to issuance of the 1,051st building permit anywhere in the Project Area, Master Developer shall construct the East Robertson Blvd Improvements shown on Schedule 5.2.2.1 within that area of East Robertson Blvd identified as East Robertson Blvd – Phase 2 on Schedule 6.3.1.
6.3.1.3 Prior to issuance of the 1,211th building permit anywhere within the Project Area, Master Developer shall construct the East Robertson Blvd Improvements shown on Schedule 5.2.2.1 within that area of East Robertson Blvd identified as East Robertson Blvd – Phase 3 on Schedule 6.3.1.
6.3.1.4 The City shall be entitled to withhold certificates of occupancy for any dwelling units in excess of those identified for each Phase of East Robertson Blvd Improvements until the applicable East Robertson Blvd Improvements are constructed and accepted by the City. For example, the City may withhold a building permit for the (a) 216th and each additional dwelling unit until the East Robertson Blvd Improvements are constructed within that area of East Robertson Blvd identified as East Robertson Blvd - Phase 1, (b) 1,051st and each additional dwelling unit until the East Robertson Blvd Improvements are constructed within that area of East Robertson Blvd identified as East Robertson Blvd - Phase 2, (c) 1,211th and each additional dwelling unit until the East Robertson Blvd Improvements are constructed within that area of East Robertson Blvd identified as East Robertson Blvd - Phase 3.
_____ City _____ Master Developer Page 23 of 50
6.3.1.5 Notwithstanding anything to the contrary set forth in this Section 6.3 or elsewhere in this Agreement, Master Developer or the Owners may construct any of the East Robertson Blvd Improvements in advance of the obligation to do so.
6.3.2 Funding and Construction of the East Robertson Blvd Improvements. The East Robertson Blvd Improvement Fee shall be used for the sole purpose of constructing the East Robertson Blvd Improvements. Any shortfall in the cost to construct the East Robertson Blvd Improvements and the funds collected for the same through payment of the East Robertson Blvd Improvement Fee shall be the responsibility of Master Developer.
6.3.2.1 No less than once every ninety (90) days beginning on the Effective Date, the City and Master Developer shall discuss the status of development within the Project Area, including without limitation Master Developer’s timeline with regard to construction of the East Robertson Blvd Improvements (the “Project Status Updates”).
6.3.2.2 Design and Construction of the East Robertson Blvd Improvements shall be consistent with the design and construction identified on Schedule 5.2.2.1 and Schedule 6.3.1, and in the Preliminary Opinion of Probably Construction Cost, East Robertson Blvd, prepared by HMH Engineers, dated April 22, 2021 (the “Engineer’s Estimate”). The Engineer’s Estimate shall be updated annually on or before June 1st of each year by HMH Engineers, unless the parties agree otherwise, the cost of which shall be borne by Master Developer. If the costs identified in the Engineer’s Estimate have changed by more than ten percent (10%), Master Developer may request that the East Robertson Blvd Improvement Fee be modified to reflect the same, the cost of doing so to be paid by Master Developer.
6.3.2.3 Concurrent with submitting the necessary applications, drawings, and plans and specifications for the construction of each phase of the East Robertson Blvd Improvements (each an “East Robertson Blvd Plan Set”), Master Developer (i) shall submit a copy of the construction contract for buildout of the phase identified on the applications which shall include the total costs and expenses related to design, engineering, construction, and construction management of that phase of the East Robertson Blvd Improvements, the total of which shall be substantially consistent with the Engineer’s Estimate, as adjusted pursuant to Section 6.3.2.2 above (each an “East Robertson Blvd Improvements Contract Sum”), and (ii) may, at its option, submit the contact information for the entity which will serve as the construction manager for such phase of construction (the “Construction Manager”). Unless indicated otherwise in the notice to the City, the Construction Manager shall have the authority to act on behalf of Master Developer in regard to all matters related to construction of the phase of the East Robertson Blvd Improvements identified on the notice. Within twenty (20) days of receipt of the notice containing the East Robertson Blvd Improvements Contract Sum, the City shall notify Master Developer in writing whether it approves or disapproves of the East Robertson Blvd Improvements Contract Sum. _____ City _____ Master Developer Page 24 of 50
In the event the City disapproves of the East Robertson Blvd Improvements Contract Sum, the notice to Master Developer shall include detailed information regarding what precisely has been disapproved, a rationale for the same, and a recommended alternative. Within ten (10) days of the date Master Developer receives the City’s notice, the City and Master Developer shall meet and reach an agreement regarding the disapproved East Robertson Blvd Improvements Contract Sum.
6.3.2.4 The City shall, to the extent possible, expedite review and approval of each East Robertson Blvd Plan Set. In the event the City determines that it is not able to expedite review and approval of the East Robertson Blvd Plan Set, Master Developer may request that the City retain the services of an outside planner/engineer to review and approve the East Robertson Blvd Plan Set, and the City shall use its best efforts to comply with Master Developer’s request provided Master Developer agrees to pay all costs and expenses related to the City retaining the services of such person.
6.3.2.5 No less than once every sixty (60) days once construction of any phase of the East Robertson Blvd Improvements has commenced, Master Developer or the Construction Manager shall submit to the City copies of all invoices, bills, and other documents relating to construction of the applicable phase of the East Robertson Blvd Improvements received by Master Developer or the Construction Manager for the preceding sixty (60) day period (each an “Accounting”). Unless objected to in writing within ten (10) days of delivery of the Accounting to the City, the City shall process the Accounting for payment to Master Developer using those funds available in the East Robertson Blvd Improvement Fees. In the event the City objects to any item on an Accounting, the parties shall meet and reach an agreement regarding the item objected to by the City. Master Developer shall use all funds received from the City in connection with each Accounting for the sole purpose of paying those costs and expenses related to construction of the East Robertson Blvd Improvements. Subject to the terms set forth herein, in the event there are insufficient East Robertson Blvd Improvements Fees to cover the costs identified in any Accounting, Master Developer shall be responsible for payment of those amounts due for construction of the East Robertson Blvd Improvements identified in the Accounting. The City and Master Developer shall each keep an accounting of those amounts paid by Master Developer for the East Robertson Blvd Improvements which were not available to Master Developer when the East Robertson Blvd Improvements were constructed (the “Master Developer Contribution”), the total of which shall be due and delivered to Master Developer following conclusion of each phase of construction of the East Robertson Blvd Improvements from the East Robertson Blvd Improvement Fees as the same are collected by the City until the total Master Developer Contribution has been paid to Master Developer.
6.3.2.6 Upon completion of the East Robertson Blvd Improvements for each phase, the City shall accept the same and Master Developer shall obtain and _____ City _____ Master Developer Page 25 of 50
deliver to the City, Unconditional Lien Releases from each contractor, subcontractor, or other party involved with the construction of the East Robertson Blvd Improvements.
6.3.2.7 Upon completion of the East Robertson Blvd Improvements and provided Master Developer has been paid the total Master Developer Contribution, any funds remaining in the East Robertson Blvd Improvement Fee account shall be released to the City (the “East Robertson Blvd Improvement Fee Remainder”).
The East Robertson Blvd Improvement Fee Remainder shall be allocated first to any public improvements within the Project Area which have not been constructed and for which the City is responsible per Section 5.5 of the Specific Plan. After all public improvements within the Project Area for which the City is responsible have been constructed, the East Robertson Blvd Improvement Fee Remainder shall be available to the City for any public improvements.
6.4 Public Improvements to be Constructed by Master Developer or Owners and the City.
Master Developer or the Owners shall be responsible for the construction of those public infrastructure improvements set forth in Section 5.5 and Table 5-1 of the Specific Plan which are identified as being the obligation of either Master Developer or the Owners (identified as the Builders in the Specific Plan) using those funding sources set forth in Section 5.5 and Table 5-1 of the Specific Plan, a copy of which is attached hereto as Schedule 6.4 and incorporated herein by this reference, and the City shall be responsible for the construction of those public infrastructure improvements set forth in Section 5.5 and Table 5-1 of the Specific Plan which are identified as being the obligation of the City using those funding sources set forth in Section 5.5 and Table 5- 1 of the Specific Plan, a copy of which is attached hereto as Schedule 6.4 and incorporated herein by this reference. With regard to the timing of construction of public infrastructure improvements which are the responsibility of the City, the Master Developer and the Owners shall only be responsible for providing the road and utility infrastructure improvements to the edge of the property to be developed by the City when the adjacent residential neighborhood or commercial use is developed. In the event the City elects to develop one or more of the public improvements for which it is responsible per Section 5.5 and Table 5-1 of the Specific Plan prior to the road and utility infrastructure improvements being available at the edge of the property to be developed by the City, the City shall, at its sole cost and expense, be responsible for installing all infrastructure improvements necessary to proceed with development of the public improvement. At the election of Master Developer, the improvement plans for the road and utility infrastructure improvements the City elects to construct pursuant to this Section 6.4 may be prepared by Master Developer in accordance with the Specific Plan. If the City elects to install any infrastructure improvements in connection with development of those public improvements for which the City is responsible per Section 5.5 and Table 5-1 of the Specific Plan, as shown in Schedule 6.4, and the road and utility infrastructure improvements installed by the City serve the Project Area, Master Developer shall enter into a reimbursement agreement with the City whereby Master Developer shall reimburse the City for those road an infrastructure improvements installed by the City which serve the Project Area at that time that the residential or commercial uses adjacent to the road and utility infrastructure improvements are developed. _____ City _____ Master Developer Page 26 of 50
Master Developer shall not be responsible for any costs expended by the City which are associated with installing infrastructure improvements which do not benefit the Project Area.
For example, if Master Developer grants the City an easement for a temporary access road to the Public Safety Facility and the City installs a temporary access road over such easement area for use until such time as Millerton Lane is constructed, the cost of installing the temporary access road will not be reimbursed by Master Developer.
6.4.1 Timing of Construction of Public Improvements. With the exception of the phased construction of the East Robertson Blvd Improvements set forth above, generally, construction of the public improvements by Master Developer or the Owners shall occur concurrent with development of the adjacent residential neighborhood or commercial use; nothing in this Agreement, the Specific Plan, or the Development Approvals, however, shall prevent Master Developer or the Owners from constructing one or more of the public improvements for which Master Developer or the Owners are responsible ahead of construction of other public improvements for which Master Developer or the Owners are responsible (for example, one or more roads or parks may be constructed ahead of development of the adjacent residential neighborhoods to provide access to another residential neighborhood). The City may elect to proceed with construction of the public improvements it is responsible for when the demand arises.
6.4.2 Construction Standards. All public improvements shall be designed and constructed in accordance with the Development Approvals, the Specific Plan, and this Agreement using the funding sources identified in Table 5-1 of the Specific Plan. In no event shall Section 5.5 or Table 5-1 of the Specific Plan be amended without the express written consent of both Master Developer and the City.
6.4.3 Water Tank and Water Well. The Parties have agreed and do hereby agree that the Water Tank and Water Well identified in Section 5.5 and Table 5-1 of the Specific Plan, as well as Schedule 6.4 attached hereto, are needed for development of Rancho Calera and that the project area cannot be fully served without a new water tank and water well being completed. As of the Effective Date, however, it is unclear when the water tank and water well will be needed, where the facilities will be located (whether within or outside the boundaries of Rancho Calera, or both, or the precise location(s) required for the water tank and water well), the cost of said facilities, or how the facilities should be funded and constructed. The City is preparing a Water Master Plan that will be used, to the extent possible, to help resolve these outstanding issues for the water tank and water well. Upon completion of the Water Master Plan, the Parties shall meet and reach an agreement regarding construction and financing of the Water Tank and Water Well, the terms of which shall automatically be incorporated into this Agreement and the Specific Plan. Master Developer understands and agrees that the City may withhold approval of requests for Subsequent Development Approvals until such time as an agreement is reached regarding construction and financing of the Water Tank and Well. Completion of the water tank and water well will be the responsibility of the Developer, directly or indirectly, and Developer agrees and acknowledges that the City may withhold approval or deny development approvals and necessary entitlements if the then-current City water system cannot support the proposed development. Such determinations may be required _____ City _____ Master Developer Page 27 of 50
to be made on a proposal-by-proposal basis until the water tank and water well are completed and operational. Financing and construction of the water tank and water well, including location, site selection, site acquisition, funding, reimbursement, and physical construction, shall be negotiated by the Parties. The Parties agree to reasonably cooperate with one another in order to make effective the intent of this Development Agreement and the Specific Plan.
6.5 Construction of Public Improvements for the Benefit of Future Land Development.
Neither Master Developer nor any Owners shall be required to install public improvements or increase the size of any public improvements that are intended to benefit the property to the north and/or east of the Project Area (the “Future Land Development Area”) unless funding for the same from the City or another source is made available to Master Developer or the Owners prior to the work being completed.
6.6 Dedication/Donation. All public improvements constructed by Master Developer and/or the Owners shall be dedicated to the City as set forth in Section 5.5 of the Specific Plan and this Section 6.6. Except as set forth elsewhere in this Agreement, no consideration shall be due to Master Developer and/or the Owners for any public improvements or land underlying such public improvements dedicated, donated, or conveyed to the City pursuant to Section 5.5 of the Specific Plan and this Section 6.6. Upon completion of construction of each public utility improvement, the same shall be conveyed by Master Developer and/or the Owners to the respective public utility providers.
6.6.1 Extension of South Lake Tahoe Drive and N. Fig Tree Blvd. That portion of the future extension of South Lake Tahoe Drive which is north of North Lake Tahoe Drive (the “South Lake Tahoe Drive Extension”) shall be dedicated to the City concurrent with dedication of the Outlot L Neighborhood Park to the City, the location of which is more particularly shown on Tentative Subdivision Map No. 16-0124, and that portion of the future extension of N. Fig Tree Blvd that is north of North Lake Tahoe Drive (the “N. Fig Tree Blvd Extension”) shall be dedicated to the City concurrent with dedication of the Outlot K Neighborhood Park to the City, the location of which is more particularly shown on Tentative Subdivision Map No. 16-0124. Upon dedication, use of the South Lake Tahoe Drive Extension and the N. Fig Tree Blvd Extension shall be subject to the discretion of the City.
6.6.2 Half Construction of South Lake Tahoe Drive and N. Fig Tree Blvd. Master Developer shall only be responsible for construction of the outermost two (2) lanes and all adjacent curb, bike lanes, sidewalk, and landscape improvements within that portion of South Lake Tahoe Drive between Genoa Lake Way and North Lake Tahoe Drive and that portion of N. Fig Tree Blvd between South Lake Take Drive and North Lake Tahoe Drive.
The land needed for the innermost two lanes and medians within that portion of South Lake Tahoe Drive between Genoa Lake Way and North Lake Tahoe Drive and that portion of N. Fig Tree Blvd between South Lake Take Drive and North Lake Tahoe Drive shall be donated to City for future build-out and construction.
6.6.3 Minor Community Park, Public Safety Facility, Well and Water Tank, and Stormwater Retention Areas. The land for the Minor Community Park, the Public Safety _____ City _____ Master Developer Page 28 of 50
Facility, and the Well and Water Tank shall be dedicated by Master Developer to the City upon written request from the City. The land underlying each of the Stormwater Retention Areas may be dedicated to the City by Master Developer in phases as each Stormwater Retention Area is improved by Master Developer.
6.7 Ownership and Maintenance of Private and Public Facilities and Infrastructure.
6.7.1 Private Property Improvements. Master Developer, an Owner, an Owners Association, or a group of individuals governed by contract shall own and maintain the private property and improvements, if any, located within the Project Area which the respective entity constructed or became responsible therefore by means of a separate written agreement. The agreement entered into by the parties shall require that the private property be maintained to no less than City standards. The City shall have the right, but not the obligation, to review any such agreements.
6.7.2 Public Property Improvements. Upon acceptance of property and each public improvement donated or dedicated to the City, all as more particularly set forth in Section
5.5 of the Specific Plan, the Master Developer shall have no further obligation for the maintenance of such improvements. Until such time as the City accepts the dedicated or donated property and each public improvement, Master Developer or the Owner shall maintain and operate the same to no less than City standards.
6.8 School District Obligations (Informational only). Pursuant to the terms of that certain Chowchilla School District Amended Supplemental Development Fee Agreement, as amended (the “Elementary School Fee Agreement”), entered into between Master Developer and Chowchilla School District (the “Elementary School District”), and that certain Chowchilla Union High School District Development Fee Agreement (the “High School Fee Agreement”), entered into between Master Developer and Chowchilla Union High School District (the “High School District”), a fifteen (15) acre parcel was donated to the Elementary School District upon which an elementary school was constructed by the Elementary School District (Ronald Reagan Elementary School), and a ten (10) acre parcel was acquired by Master Developer and subsequently transferred to the High School District. Subject to the terms and conditions set forth in the Elementary School Fee Agreement, a ten (10) acre parcel within the Project Area may be donated to the Elementary School District upon which a second elementary school may be constructed.
Construction of the second elementary school, as well as any needed expansion of the middle school and high school, will be financed by either the Elementary School District or the High School District. The terms and conditions related to connecting the second elementary school to public utilities are addressed in the Elementary School Fee Agreement. Ongoing funding for the operation and maintenance of the elementary school located within the Project Area, as well as all other elementary, middle, and high schools will be provided by the Elementary School District and High School District through their normal financing sources, such as State payments and local bonds. In addition to the school site donated to the Elementary School District and the property transferred to the High School District, both the Elementary School Fee Agreement and the High School Fee Agreement provide for the payment of mitigation fees in excess of those required by state law to the Elementary School District and the High School District, the terms of which are more particularly set forth in the Elementary School Fee Agreement and the High School Fee _____ City _____ Master Developer Page 29 of 50
Agreement, copies of which are available from the Elementary School District and the High School District respectively.
7. FINANCING AND PROVISION OF PUBLIC IMPROVEMENTS.
7.1 2006 Community Facilities District. The Project Area is presently encumbered by the 2006 CFD which was formed to provide funding for certain public utility and infrastructure improvements, including among other things, a new wastewater treatment facility, public water system improvements, and interchange improvements (the “2006 CFD Improvements”). In 2007, the City authorized the issuance of a single bond series in the amount of Eight Million Six Hundred Fifteen Thousand and no/100th Dollars ($8,615,000.00) (the “First Bond Series”), the proceeds of which have been used to fund some of the identified improvements.
7.1.1 Refinancing/New Bond Issue. In the event the City elects to refinance the 2006 CFD or proceed with an additional bond issue under the 2006 CFD, the City and Master Developer do hereby agree to meet and work towards an agreement regarding the same.
7.1.2 Amendment to the Special Tax for Services. In addition to providing funding for the construction of the 2006 CFD Improvements, the 2006 CFD includes a Special Tax for Services that encumbers all of the residential property within the boundaries of the 2006 CFD and exists in perpetuity. The purpose of the Special Tax for Services is to provide ongoing funding for certain public services, including without limitation, the City Police Department, the City Fire Department, and stormwater system and park maintenance.
Residents who own property outside of property encumbered by the 2006 CFD do not pay the Special Tax for Services. Master Developer has requested and the City has agreed to assess the Special Tax for Services required to meet the needs of the Project Area and those other properties encumbered by the Special Tax for Services, including consideration of without limitation (i) revising the trigger date for escalation of the Special Tax for Services, (ii) modifying the escalation factor, and/or (iii) capping the Special Tax for Services. Master Developer and the City shall work diligently towards a resolution of these issues, as well as determining whether additional funding may be necessary for maintenance of certain public improvements within the Project Area.
7.2 Formation of Financing District. City acknowledges that the Specific Plan contemplates the use of LSDF to finance the design and construction of certain public improvements. The City is not, however, obligated to form such LSDF districts as a result of its approval of the Specific Plan. In addition, the City may consider the formation of other public financing districts which will include the Project Area, or a portion thereof, for the purpose of funding other public facilities more particularly described in the Specific Plan, with the expectation that the public financing districts will issue, from time to time, bonds to provide sufficient funds to construct the public facilities so financed.
7.2.1 Consideration Limited by Policy. Upon the request of Master Developer or an Owner, with the consent of Master Developer, the parties shall cooperate in exploring the use of LSDF districts or other means for financing development within the Project Area, subject to then-existing City Debt Financing Policies. _____ City _____ Master Developer Page 30 of 50
7.2.2 City Not Required to Form District. Notwithstanding the foregoing, it is acknowledged by the parties that nothing contained in this Agreement shall be construed as requiring the City or the Council to form a LSDF district or cause a public financing district to issue bonds.
7.2.3 Master Developer/Owner Vote. Master Developer or an Owner, with the consent of Master Developer, shall cooperate with the City in the formation and establishment of one or more LSDF district(s), as contemplated in the Specific Plan, provided that nothing herein shall prevent Master Developer or an Owner, in its sole discretion, from voting against the formation of any public financing district.
7.2.4 Future Overlapping Indebtedness. In addition to the 2006 CFD, portions of the Project Area are encumbered by the 2003 RD and the entire Project Area is encumbered by that certain Chowchilla Water District Improvement District No. 1 (the “CWD Assessment District”). The 2003 RD was formed for the purpose of refinancing certain bonds originally issued in 1994 for the development of Greenhills Estates, a portion of which is included within the Project Area. The CWD Assessment District was formed pursuant to an agreement between Master Developer and Chowchilla Water District (“CWD”) whereby CWD agreed to remove certain physical structures from the Project Area in exchange for Master Developer agreeing to build new structures and encumber the Project Area with an assessment in perpetuity intended to compensate CWD for the loss of approximately 3,000 acre feet of water per year, all of which is believed to now be supplying the aquifer located under and in the vicinity of the Project Area and benefitting the City. The parties hereby agree that the 2003 RD and CWD Assessment District shall be taken into consideration if and when any future financing districts which would encumber the Project Area are considered by Master Developer and the City.
8. REVIEW FOR COMPLIANCE.
8.1 Annual Review. Throughout the Term of this Agreement and at least every twelve (12) months (the “Annual Review”), the City Administrator shall review the extent of good faith compliance by Master Developer and the Owners with the terms of this Agreement, including without limitation construction of the RC Development Obligations set forth in Section 6.3 and Section 6.4 above. The review shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code §65865.1.
8.1.1 Notice. At least twenty (20) days prior to the Annual Review, the City Administrator shall make available to Master Developer and the Owners a copy of any staff reports and documents to be used or relied upon in conducting the review and, to the extent practical, related documents concerned Master Developer’s and the Owners’ compliance with this Agreement. Master Developer and the Owners shall be permitted an opportunity to respond to the City Administrator evaluation of compliance with this Agreement, either orally at a public hearing or in a written statement.
8.1.2 Burden of Proof. The burden of proof by substantial evidence of compliance is upon Master Developer and the Owners in accordance with California Government Code §65865.1 and the applicable City ordinance.
_____ City _____ Master Developer Page 31 of 50
8.1.3 No Additional Fees, Conditions, or Development Exactions. The City shall not impose any conditions, fees, or other Development Exactions as a condition to a finding of good faith compliance with the terms of this Agreement.
8.2 Special Review. The Council may, for cause, order a special review of compliance with this Agreement. The City Administrator shall conduct such special review. The special review may be used to replace the next Annual Review, in the sole discretion of the City Administrator.
8.2.1 Procedure Upon Special Review. Upon receipt of written notice from the City Administrator that the Council has ordered a special review of compliance with this Agreement, Master Developer and the Owners shall provide evidence as determined necessary by the City Administrator to demonstrate good faith compliance with the provisions of this Agreement. The burden of proof by substantial evidence of compliance is upon Master Developer and the Owners in accordance with California Government Code §65865.1 and the applicable City ordinance. The City shall make available to Master Developer and the Owners a copy of all public staff reports, documents and related exhibits concerning the performance of Master Developer and the Owners under this Agreement at least twenty (20) days prior to such special review by the City Administrator.
8.3 Compliance Finding by City Administrator. If the City Administrator finds and determines on the basis of substantial evidence that Master Developer and the Owners have complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded.
8.4 Cancellation and Non-Compliance Finding by City Administrator. If the City Administrator finds and determines on the basis of substantial evidence that Master Developer and the Owners have not complied in good faith with the terms and conditions of this Agreement during the period under review, the City Administrator shall forward the Annual Review or special review to Council for further consideration. Prior to reaching such a decision and forwarding the decision to Council for further consideration, however, the City Administratorshall comply with the terms set forth in Article 9, including without limitation, delivery to Master Developer and the Owners of a Notice of Agreement Default. Master Developer and the Owners shall then be entitled to the cure periods set forth in Section 9.1 or such other cure period as is agreed upon between the parties. If Master Developer and the Owners fail to cure the alleged violation of this Agreement consistent with Section 9.1, and provided the applicable cure periods have expired, the City Administrator shall forward the notice of Non-Compliance to Council for further consideration.
8.5 Non-Compliance Finding by Council. If as a result of an Annual Review or special review which resulted in a Non-Compliance Finding by the City Administrator, the Council finds and determines on the basis of substantial evidence that Master Developer and the Owners have not complied in good faith with the terms and conditions of this Agreement, the City, by action of the Council, may terminate or modify this Agreement, written notice whereof shall be delivered to Master Developers and the Owners within three (3) days of the Non-Compliance Finding. The decision of the Council is final. Master Developer and the Owners shall not be required to appeal such decision in order to exhaust its (their) administrative remedies. _____ City _____ Master Developer Page 32 of 50
8.6 Deemed Approval. In the event the City fails to either (1) hold the annual review meeting or (2) notify Master Developer and the Owners in writing (following the scheduled date of the review meeting) of the City’s determination as to compliance or noncompliance with the terms of this Agreement, and such failure remains uncured as of December 31st of the same year, such failure shall be deemed an approval by the City of the good faith compliance with the terms of this Agreement by Master Developer and the Owners.
8.7 Certificate of Agreement Compliance. At the conclusion of an Annual Review or special review, or as requested by Master Developer and the Owner(s) throughout the Term of this Agreement, and assuming that Master Developer and the Owner(s) are found to be in compliance with this Agreement, City shall issue a Certificate of Agreement Compliance (“Certificate”) to Master Developer and the Owner(s) stating that after the most recent Annual Review or special review and based upon the information made known to the City Administrator and the Council (1) this Agreement remains in effect; and (2) Master Developer and the Owner(s) are not in default. The Certificate shall be in recordable form, shall contain information intended to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after an Annual Review or special review and shall state the anticipated date of commencement of the next Annual Review. Master Developer and the Owner(s) may record the Certificate with the County Recorder.
9. DEFAULT AND REMEDIES.
9.1 Default by Master Developer/Owner(s) or the City. Subject to extensions of time by mutual consent in writing or as provided herein, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of an alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured (the “Notice of Agreement Default”); provided, however, if the alleged default stated in the Notice of Agreement Default can be corrected, but not reasonably within such thirty (30) day period, the non-defaulting party shall not unreasonably withhold its consent to an extension of such time, not to exceed one hundred eighty (180) days, if corrective action is instituted by the defaulting party within the thirty (30) day period and diligently pursued until the failure is corrected. During any such thirty (30) day period, subject to extension up to one hundred eighty (180) days as provided herein, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Any extension of time beyond one hundred eighty (180) days for a default by Master Developer or the Owners of the Project Area requires the consent of the Council after a noticed public hearing. Default may be enforced against only the applicable defaulting party which, in the case of Master Developer or the Owners of the Project Area, may be less than all of the Owners of the Project Area.
9.1.1 Failure to Cure. After notice and expiration of the thirty (30) day period (which period is subject to extension as provided herein), the party alleging default may, at its option, institute legal proceedings pursuant to this Agreement, or give notice of intent to terminate the Agreement pursuant to California Government Code §65868 and City regulations implementing said Government Code section. Following notice of intent to _____ City _____ Master Developer Page 33 of 50
terminate, the matter shall be scheduled for consideration and reviewed in the manner set forth in California Government Code §65867 and City regulations implementing said section.
9.1.2 Council Hearing. Following consideration of the evidence presented in said review before the Council, either party alleging the default by the other party may give written notice of termination of this Agreement to the other party.
9.2 Default by City. In the event the City materially defaults under the terms of this Agreement, the City agrees that Master Developer and the Owners shall not be obligated to proceed with or complete any phase of the Project materially and directly affected by the default, nor shall resulting delays in performance by Master Developer and the Owners constitute grounds for termination or cancellation of this Agreement.
9.3 Limitation on Remedies. Following expiration of the cure periods set forth in Section 9.1 above, in addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation; provided, however, that neither the City, Master Developer, nor the Owners shall be liable for money damages to the non-defaulting party for breach of contract, and Master Developer, on behalf of itself and all successor Owners, and the City each covenant not to sue in contract for money damages.
9.4 Enforced Delay – Extension of Times of Performance. Performance by either party under this Agreement shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine, restrictions, freight embargoes, unusually severe weather, inability (when either party is faultless) of any contractor, subcontractor or supplier, acts of the other party, acts or the failure to act, of any public or governmental agency or entity, except the City, or any other causes beyond the control, or without the fault of the party claiming an extension of time to perform. An extension of time of any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the cause. If, however, notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the joint agreement of the City and Master Developer and, to the extent applicable, the Owners. Litigation attacking the validity of this Agreement, or any permit, ordinance, or entitlement or other action of a governmental agency necessary for the development of the Project Area pursuant to this Agreement shall be deemed to create an excusable delay under this Section 9.4 only as to Master Developer and the Owner and only for the period of such litigation. Nothing in this paragraph shall be construed to extend the term of this Agreement.
10. MORTGAGE PROTECTION.
10.1 Encumbrance of Master Developer’s Interest. Master Developer and each successor Owner of all or any portion of the Project Area (hereinafter, “Mortgagor”) shall have the right to encumber and/or collaterally assign or grant a security interest in such Mortgagor’s right, title _____ City _____ Master Developer Page 34 of 50
and interest in, to and under this Agreement and the Project Area (or any portion thereof) pursuant to one or more mortgages (each a “Permitted Mortgage”), provided that (a) each such Permitted Mortgage shall be in favor of a Lender, and (b) the loan documents executed in connection with each such Permitted Mortgage shall provide that the City shall have the right to receive notices of default by the Mortgagor thereunder.
10.2 Mortgagee Protections. Provided that a mortgagee of any Permitted Mortgage (each a “Mortgagee”), provides the City with a conformed copy of each Permitted Mortgage which contains the name and address of such Mortgagee, the City hereby covenants and agrees to faithfully perform and comply with the following provisions with respect to such Permitted Mortgage:
10.2.1 No Termination. No action by Mortgagor, or the City to cancel, surrender, or materially modify the terms of this Agreement or the provisions of this Article 10 shall be binding upon a Mortgagee without written notice.
10.2.2 Notices. If the City shall give a Notice of Agreement Default to any Mortgagor hereunder, the City shall simultaneously give a copy of such Notice of Agreement Default to the Mortgagee at the address theretofore designated by it. No Notice of Agreement Default given by the City or Mortgagor shall be binding upon or affect said Mortgagee unless a copy of said Notice of Agreement Default shall be given to Mortgagee pursuant to Section 10.2.7 hereof. In the case of an assignment of such Permitted Mortgage or change of such Mortgagee, said assignee or Mortgagee, by written notice to City, may change the address to which such copies of Notices are to be sent.
10.2.3 Performance of Covenants. The Mortgagee shall have the right to perform any term, covenant, or condition and to remedy any default by Mortgagor hereunder, within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by Mortgagor; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City.
10.2.4 Default by Mortgagor. In the event of a default by Mortgagor which has not been cured by Mortgagor, or as to which there is no cure period hereunder, the City agrees not to terminate this Agreement (1) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Default within sixty (60) days after the later of delivery of such notice or expiration of any applicable Mortgagor cure period, and (2) in the case of a default which cannot practicably be cured by the Mortgagee without taking possession of the Project Area, if the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) it will commence and diligently pursue cure of such default promptly following its obtaining possession of the Project Area (including possession by receiver) (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, the Mortgagee shall proceed diligently to cure such default. _____ City _____ Master Developer Page 35 of 50
10.2.4.1 The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Project Area, if and when such default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other default by Mortgagor during any period of such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein.
10.2.5 Foreclosure. Foreclosure of any Permitted Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Permitted Mortgage, or any conveyance from the Mortgagor to a Mortgagee or its designee through, or in lieu of, foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this Agreement, and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as Master Developer or such successor Owner of the Project Area (or any portion thereof) hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 10.2.4 above, each and all of the obligations of Master Developer or such successor Owner of the Project Area (or any portion thereof) hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire its Mortgagor’s right, title and interest hereunder as a result of a judicial or non-judicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer such Mortgagor’s right, title and interest hereunder to an assignee in accordance with Section 2.4 hereof. Upon execution and delivery of an Assumption in accordance with Section 2.4 hereof, the City shall cooperate with the new Master Developer or the new successor Owner of the Project Area (or any portion thereof), at the sole expense of said new Master Developer or said new successor Owner of the Project Area (or any portion thereof), in taking such action as may be necessary to remove Master Developer or such other Owner of the Project Area (or any portion thereof) named herein from the Project Area.
10.2.6 No Obligation to Cure. Any Mortgagee who comes into possession of the Project Area, or any portion thereof, pursuant to foreclosure of a mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Project Area or portion thereof, subject to the terms of this Agreement. Notwithstanding any provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the obligations or other affirmative covenants of Master Developer or any successor Owner of all or any portion of the Project Area hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Master Developer or any such successor Owner of the Project Area or any portion thereof is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. _____ City _____ Master Developer Page 36 of 50
10.2.7 Form of Notice. Any Mortgagee under a Permitted Mortgage shall be entitled to receive the notices required to be delivered to it hereunder provided that such Mortgagee shall have delivered to each party a notice substantially in the following form:
The undersigned, whose address is
does hereby certify that it is the Mortgagee (as such term is defined in that certain Development Agreement dated as of , 2021,
between Rancho Calera, LLC, and the City of Chowchilla), of the parcel of land described on “Exhibit A” attached hereto, which parcel is owned by , a party to the Development Agreement (the “Party”). In the event that any notice shall be given of a default to the Party under the Development Agreement, a copy thereof shall be delivered to the undersigned that shall have the rights of a Mortgagee to cure the same, as specified in the Development Agreement. Failure to deliver a copy of such notice shall in no way affect the validity of the notice to the Party, but no such notice shall be effective as it relates to the rights of the undersigned under the Development Agreement with respect to the Permitted Mortgage, including the commencement of any cure periods applicable to the undersigned, until actually received by the undersigned.
10.2.8 Estoppel Certificate. The City shall execute an estoppel certificate in form and substance reasonably satisfactory to either an actual or a prospective Mortgagee at appropriate times (by way of example, but not limitation, prior to issuance of a commitment letter, prior to execution of loan documents, and/or prior to loan funding) in connection with the construction financing and from time to time thereafter, upon the reasonable request of the Mortgagee.
10.2.9 Limitation of Liability. Upon acquiring title to the Project Area or any portion thereof, Mortgagee shall have no obligations or liability to the City beyond the Mortgagee’s interest if any, in the Project Area or such portion thereof, and the City shall look exclusively to such interest in the Project Area or such portion thereof for payment and discharge of any obligations imposed upon the Mortgagee under this Agreement or any other document entered into in connection therewith. Mortgagee shall be released and relieved of any liability under this Agreement and under any other document entered into in connection therewith upon the assignment of Mortgagee’s rights upon or subsequent to foreclosure of its collateral or acquisition in lieu of foreclosure.
11. MISCELLANEOUS PROVISIONS.
11.1 Recordation of Agreement. Within ten (10) days of the Effective Date, the City Clerk shall record with the Madera County Recorder a fully executed copy of this Agreement and the ordinance approving its adoption. The Agreement shall be binding upon, and the benefits of the Agreement shall inure to, the parties and all successors in interest to the parties to the Agreement. The City shall execute the Agreement within a reasonable time after the Effective Date.
11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties as to the subject matter hereof, and there are no oral or written _____ City _____ Master Developer Page 37 of 50
representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceedings of any kind or nature to interpret or determine the terms or conditions of this Agreement.
11.3 Severability. If any term, provision, covenant, or condition of this Agreement shall be determined 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. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4, Section 5, and Section 6 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and the City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void, or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted, in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
11.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
11.6 Singular and Plural. As used herein, the singular of any word includes the plural and the plural of any word includes the singular.
11.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
11.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
11.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
11.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
11.11 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including, without limitation, assignees (directly or by merger), heirs, or transferees by operation of law.
_____ City _____ Master Developer Page 38 of 50
11.12 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument.
11.13 Jurisdiction, Venue and Statute of Limitations. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Madera, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. The use of the term “substantial evidence” in this ordinance with respect to the quantum of proof necessary in connection with a finding of non-compliance is not intended to limit, nor impose a standard of review upon, any court pursuant to a proceeding initiated for that purpose.
11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the Development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Master Developer and any successor Owner(s) of all or any portion of the Project Area is that of a government entity regulating the development of private property and the owner of such property, which development separately may require the construction of public improvements as fair consideration hereunder or as conditions of approval of the development as required by City ordinances and policies. City and Master Developer agree and acknowledge that the construction of such public improvements is subject to Section 11.20 below.
11.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of the Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
11.16 Authority to Execute. The person or persons executing this Agreement on behalf of Master Developer warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind Master Developer to the performance of its obligations hereunder.
11.17 Covenants Running With Land. Subject to the terms and conditions set forth in this Agreement, it is intended and determined that the provisions of this Agreement shall constitute covenants that shall run with the Project Area and the benefits and burdens thereof shall bind and inure to all successors in interest as to the parties hereto. _____ City _____ Master Developer Page 39 of 50
11.18 Findings of Support. The City hereby finds and determines that execution of this Agreement is in the best interest of the public health, safety, and general welfare and that the provisions of this Agreement are consistent with the General Plan and the Specific Plan.
11.19 Incorporation of Recitals. The recitals are specifically incorporated into this Agreement.
11.20 Compliance with Laws. Master Developer shall carry out the design, construction and operation of the Project and the public improvements identified in this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Madera, the City or any other political subdivision in which the Property is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, the Master Developer, or the Property, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards; applicable state and labor standards, including prevailing wage requirements as they apply to the public improvements; the Existing Land Use Regulations and Ordinances as they apply to the Project and the public improvements; building, plumbing, mechanical and electrical codes, as they apply to the Project and the public improvements; all other provisions of the City of Chowchilla and its Municipal Code as they apply to the Project and the public improvements; and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. §12101 et seq., California Government Code §4450 et seq., and the Unruh Civil Rights Act, Civil Code §51 et seq..
Notwithstanding the foregoing, Master Developershall be solely responsible for determining and effectuating compliance with such laws, and the City make no representation as to the applicability or non-applicability of any of such laws and Master Developer shall bear the risk of any compliance or non-compliance with such laws. Notwithstanding, Master Developershall not be in default under the provisions of this Section 11.20 unless Master Developer’s noncompliance with such provisions results in a material and adverse effect on Master Developer’s ability to comply with the Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth below, as authorized by Ordinance No. of the Council.
Date: , 2021
CITY:
CITY OF CHOWCHILLA,
a Municipal Corporation
By:
, Mayor of the City of Chowchilla
_____ City _____ Master Developer Page 40 of 50
ATTEST:
, City Clerk
APPROVED AS TO CONTENT:
Community and Economic Development Department
By:
, Director of Community and Economic Development
APPROVED AS TO FORM:
By:
, City Attorney
MASTER DEVELOPER:
RANCHO CALERA, LLC,
a California limited liability company
By:
Glenn M. Pace, its Manager
_____ City _____ Master Developer Page 41 of 50
ACKNOWLEDGEMENTS
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
Please remove or update jurat form.
On , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me (or 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.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me (or 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.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
_____ City _____ Master Developer Page 42 of 50
Exhibit A
Existing Development Approvals and Vested Elements
The City of Chowchilla General Plan adopted by the Council on May 2, 2011, a copy of which is on file with the City Clerk.
The Rancho Calera Specific Plan adopted by the Council on May 2, 2011, as set forth in Resolution No. 41-11, a copy of which is on file with the City Clerk, as amended by the revised Rancho Calera Specific Plan adopted by the Council on , 2021, as set forth in Resolution No. , a copy of which is on file with the City Clerk.
The Rancho Calera Annexation to the City of Chowchilla by Madera County Local Agency Formation Commission (LAFCO), pursuant to Resolution No. 2011-007, which was adopted on December 28, 2011.
The Chowchilla 2040 General Plan and Rancho Calera Specific Plan Environmental Impact Report certified by the Council on May 2, 2011, as set forth in Resolution No. 3-11, as amended by the Mitigated Negative Declaration adopted by the Council on , 2021, as set forth in Resolution No. , a copy of which is on file with the City Clerk.
The Mitigation Monitoring Plan for the Project adopted by the Council on May 2, 2011, as set forth in Resolution No. 44-11, a copy of which is on file with the City Clerk.
Tentative Map No. , including the Conditions of Approval attached thereto, adopted by the Council on , 2021, pursuant to Resolution No. , a copy of which is on file with the City Clerk.
Tentative Map No. , including the Conditions of Approval attached thereto, adopted by the Council on , 2021, pursuant to Resolution No. , a copy of which is on file with the City Clerk.
The Existing Development Approvals, as defined in the Development Agreement and listed above, are each Vested Elements under and in accordance with the Development Agreement to which this Exhibit A is attached.
_____ City _____ Master Developer Page 43 of 50
Exhibit B
Legal Description of Project Area
For APN/Parcel ID(s): 014-010-006, 007, 010, 011 & 012, 014-030-029 thru 032 & 034 thru 038 & 056 and
014-270-002, 003 & 004
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHOWCHILLA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN 014-030-056
Parcel 1 of Parcel Map No. 03-14, Greenhills Estates & Golf Club, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded December 18, 2003 in Book 52 Pages 37 through 42, inclusive, of Maps, Madera County Records.
PARCEL 2: APN 014-030-029 thru 032 & 034 thru 039
Parcels A, B, C and D; Outlots F, G, H, I and J; and designated Remainder Parcel of Parcel Map No. 00- 29, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded July 12, 2001 in Book 49 Pages 113 and 114 of Maps, Madera County Records.
PARCEL 3: APN 014-010-010
A portion of Outlot "A", in the City of Chowchilla, County of Madera, State of California, as shown on that certain Parcel Map 93-01, filed for record on June 15, 1994 in Book 42 of Maps, pages 94 through 100, Madera County Records, described as follows:
Beginning at the Southeast corner of Section 21, Township 9 South, Range 16 East, Mount Diablo Base and Meridian;
Thence along the Easterly line of said Section 21, North 0° 41' 42" West, 75.00 feet, to the general Northerly line of said Outlot "A";
Thence Westerly along said Northerly line, along a non-tangent curve to the right, having a radius of 1757.35 feet, whose center bears North 0° 44' 19" West, through a central angle of 6° 42' 13" for an arc length of 205.61 feet, to a line parallel with and 87.00 feet Northerly of the Southerly line of said Section 21, being the True Point of Beginning;
Thence along said parallel line, South 89° 15' 55" West, 426.76 feet; Thence North 85° 01' 27" West, 4.76 feet, to the general Southerly line of said Outlot "A"; Thence along said general Southerly line, the following seven courses:
_____ City _____ Master Developer Page 44 of 50
1. Thence Westerly along a non-tangent curve to the right, having a radius of 1857.35 feet, whose center bears North 19° 18' 25" East, through a central angle of 11° 13' 07" for an arc length of 363.67 feet;
2. Thence North 59° 28' 29" West, 311.05 feet;
3. Thence along a tangent curve to the left, having a radius of 3323.00 feet, through a central angle of 30° 30' 52" for an arc length of 1769.76 feet;
4. Thence North 89° 59' 21" West, 200.00 feet;
5. Thence along a tangent curve to the left, having a radius of 3323.00 feet, through a central angle of 31° 59' 29"
for an arc length of 1855.42 feet;
6. Thence South 58° 01' 10" West, 389.33 feet;
7. Thence along a tangent curve to the right, having a radius of 1600.00 feet, through a central angle of 9° 29' 29" for an arc length of 265.05 feet, to a line parallel with and 89.00 feet Northerly of the Southerly line of Section 20, Township 9 South, Range 16 East, Mount Diablo Base and Meridian; Thence along said parallel line, South 89° 16' 12" West, 124.86 feet; Thence along a tangent curve to the right, having a radius of 20.00 feet, through a central angle of 89° 59' 43" for an arc length of 31.41 feet, to the Southerly prolongation of the Easterly line of Fig Tree Road (104 feet wide) as shown on that certain Parcel Map 04-03, filed for record October 11, 2005, in Book 54 of Maps, pages 147 through 150, Madera County Records; Thence along said prolongation, North 0° 44' 05" West, 34.55 feet to the general Northerly line of said Outlot "A";
Thence along said general Northerly line, the following seven courses:
1. Thence Easterly along a non-tangent curve to the left, having a radius of 1500.00 feet, whose center bears North 18° 07' 05" West, through a central angle of 13° 51' 45" for an arc length of 362.92 feet;
2. Thence North 58° 01' 10" East, 389.33 feet;
3. Thence along a tangent curve to the right, having a radius of 3423.00 feet, through a central angle of 31° 59' 29" for an arc length of 1911.25 feet;
4. Thence South 89° 59' 21" East, 200.00 feet;
5. Thence along a tangent curve to the right, having a radius of 3423.00 feet, through a central angle of 30° 30' 52" for an arc length of 1823.01 feet;
6. Thence South 59° 28' 29" East, 311.05 feet;
7. Thence along a tangent curve to the left, having a radius of 1757.35 feet, through a central angle of 24° 33' 38" for an arc length of 753.31 feet, to the True Point of Beginning.
PARCEL 4: APN 014-010-011
A portion of Outlot "A", in the City of Chowchilla, County of Madera, State of California, as shown on that certain Parcel Map 93-01, filed for record on June 15, 1994 in Book 42 of Maps, pages 94 through 100, Madera County Records, described as follows:
_____ City _____ Master Developer Page 45 of 50
BEGINNING at the intersection of the general Northerly line of said Outlot "A" with the Westerly line of Fig Tree Road (104 feet wide) as shown on that certain Parcel Map 04-03, filed for record October 11, 2005 in Book 54 of Maps, pages 147 through 150, Madera County Records; Thence along the Southerly prolongation of said Westerly line, South 0° 44' 05" East, 6.04 feet; Thence along a tangent curve to the right, having a radius of 20.00 feet, through a central angle of 90° 00' 17" for an arc length of 31.42 feet;
Thence Westerly along a reverse curve to the left, having a radius of 2098.00 feet, through a central angle of 4°28' 54" for an arc length of 164.11 feet;
Thence along a reverse curve to the right, having a radius of 1990.00 feet, through a central angle of 1° 07' 41" for an arc length of 39.18 feet, to the general Northerly line of said Outlot "A"; Thence Easterly along said general Northerly line, along a non-tangent curve to the left, having a radius of 1500.00 feet, whose center bears North 5° 21' 58" West, through a central angle of 8° 37' 56" for an arc length of 225.00 feet, to the Point of Beginning.
PARCEL 5: APN 014-010-007
Outlot A of Parcel Map No. 04-03, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded October 11, 2005 in Book 54, Pages 147 to 150, inclusive of Maps, Madera County Records.
Certificates of Correction were recorded January 25, 2007, as Document No. 2007003624 and June 15, 2007, as Document No. 2007022970, of Official Records.
PARCEL 6: APN 014-010-006
Parcel 2 of Parcel Map No. 04-03, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded October 11, 2005 in Book 54, Pages 147 to 150, inclusive of Maps, Madera County Records.
Certificates of Correction were recorded January 25, 2007, as Document No. 2007003624 and June 15, 2007, as Document No. 2007022970, of Official Records.
PARCEL 7: APN 014-010-012
Remainder 1 of Parcel Map No. 93-01, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded June 15, 1994 in Book 42, Pages 94 to 100 of Maps, Madera County Records.
Excepting therefrom, that portion thereof lying within Parcels 1, 2 and Outlots A and B of Parcel Map No. 04-03, according to the map thereof recorded October 11, 2005 in Book 54, Pages 147 to 150, inclusive of Maps, Madera County Records.
_____ City _____ Master Developer Page 46 of 50
Also excepting therefrom, that portion thereof conveyed to Chowchilla Water District, by Deed recorded April 4, 2004, as Document No. 2007013052, of Official Records.
PARCEL 8: APN 014-270-003
Parcel 1 of Parcel Map No. 2004, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded February 26, 1981 in Book 27 of maps, pages 94 and 95, Madera County Records.
Excepting therefrom, an undivided 1/2 interest in all oil, gas and other hydrocarbons and all other minerals of whatsoever nature presently owned by Grantor, provided however, that the Grantor, its successors and assign shall not have and do expressly waive the right of way for any purpose whatsoever to enter upon, into or through the surface of the property granted herein or any part of said property, lying between said surface and five hundred feet below the surface, it being understood that grantor, its successors and/or assigns, reserve an as to an undivided one-half interest in all oil, gas and other hydrocarbons, and all other minerals of whatsoever nature located within such five hundred feet depth, as reserved in the Deed from Reginald O. Upton, etal, recorded March 5, 1980, as Document No. 4835, in the office of the County Recorder of Madera County, State of California.
PARCEL 9: APN 014-270-004
Parcel 2 of Parcel Map No. 2004, in the City of Chowchilla, County of Madera, State of California, according to the map thereof recorded February 26, 1981 in Book 27 of maps, pages 94 and 95, Madera County Records.
Excepting therefrom, an undivided 1/2 interest in all oil, gas and other hydrocarbons and all other minerals of whatsoever nature presently owned by Grantor, provided however, that the Grantor, its successors and assign shall not have and do expressly waive the right of way for any purpose whatsoever to enter upon, into or through the surface of the property granted herein or any part of said property, lying between said surface and five hundred feet below the surface, it being understood that grantor, its successors and/or assigns, reserve an as to an undivided one-half interest in all oil, gas and other hydrocarbons, and all other minerals of whatsoever nature located within such five hundred feet depth, as reserved in the Deed from Reginald O. Upton, etal, recorded March 5, 1980, as Document No. 4835, in the office of the County Recorder of Madera County, State of California.
PARCEL 10: APN 014-270-002
A Parcel of land lying all in Section 20, Township 9 South, Range 16 East, Mount Diablo Base and Meridian, in the City of Chowchilla, County of Madera, State of California, according to the Official Plat thereof, described as follows:
Beginning at a point on the South line of said Section 20, which bears the following courses and distances from the Southwest corner of said Section 20, North 89° 18' East 483.65 feet; South 0° 11' 15" West 223.75 feet; North 75° 19' 45" East 926.45 feet and North 89° 18' East 149.52 feet from the Southwest corner of said Section 20; thence from said point of beginning, North 89° 18' East 178.36 feet along the South line of said Section 20; thence North 0 ° 42' West 253.8 feet; South 89° 18' West 199.0 feet and South 5° 21' 30" East 254.64 feet to said point of beginning. _____ City _____ Master Developer Page 47 of 50
The above described land includes a portion of Lot 29 of Dairyland Acres.
Excepting therefrom, that portion lying within that certain parcel of land granted to the State of California for freeway purposes, by Deed recorded June 4, 1956 in Book 671 Page 491, Official Records, Madera County Records.
_____ City _____ Master Developer Page 48 of 50
Schedule 5.2.2.1
The East Robertson Blvd Improvements
_____ City _____ Master Developer Page 49 of 50
Schedule 6.3.1
The East Robertson Blvd Phasing Plan
_____ City _____ Master Developer Page 50 of 50
Schedule 6.4
Table 5-1 Infrastructure and Public Facilities Construction Service, Facility, Open Space
Construction
Responsibility Funding
TRANSPORTATION/CIRCULATION SYSTEM
East Robertson Boulevard/Hwy 99 Interchange City & Caltrans LSDF, CFD, Caltrans, Madera County Measure T Funds, Impact Fees
East Robertson Boulevard (along the project frontage) MD or B LSDF, Impact Fees, MD, B Internal Local Streets & Lanes (public) MD or B LSDF, MD, B Internal Local Streets & Lanes (private) MD or B LSDF, MD, B Internal Street Lighting & Landscaping MD or B LSDF, MD, B Transit Pullouts and Shelters & Park and Ride Lot MD or B LSDF, Impact Fees, MD, B
WATER SUPPLY SYSTEM
East Robertson Boulevard Water Supply Mains MD or B LSDF, Impact Fees, MD, B Well and/or Water Tank MD or B CFD, Impact Fees, City, MD, B Internal Street Water Supply Mains MD or B LSDF, MD, B
SANITARY SEWER SYSTEM
New Wastewater Plant or Upgrade of Wastewater Plant
(including master mains for delivery to Plan)
City LSDF, CFD, Impact Fees
East Robertson Boulevard Sanitary Sewer Mains MD or B LSDF, Impact Fees, MD, B Internal Street Sanitary Sewer Mains MD or B LSDF, MD, B
STORM DRAINAGE SYSTEM
Existing Storm Drainage Main and Existing Basin MD or B LSDF, MD, B Internal Street Storm Drainage Mains and Basins MD or B LSDF, MD, B BMPs and Drainage Swales MD or B LSDF, MD, B
UTILITIES
Natural Gas PG&E, MD, B PG&E, MD, B
Electricity PG&E, MD, B PG&E, MD, B
Phone/Fiber Optics AT&T AT&T
Cable Services Comcast Comcast
PUBLIC/COMMUNITY FACILITIES
Public Facility Station City LSDF, CFD, Impact Fees
Elementary School CESD MD Land Donation, School Agreement Fees, Negotiated School Fees, State Funding
High School CHSD MD Land Donation, School Agreement Fees, Negotiated School Fees, State Funding
Minor Community Park City Impact Fees, City
Public Neighborhood Parks, Riverwalk, Promenades, and
other Open Spaces
MD or B LSDF, Impact Fees, MD, B
Private Open Spaces MD or B LSDF, MD, B
LEGEND:
MD - The Master Developer
B - A Builder is a homebuilder or a commercial builder (identified as an Owner in the Development Agreement).
CFD - The 2006 Community Facilities District includes funds to construct certain public improvements.
LSDF - Future CFDs, LMLDs, CSDs, LIDs, and IFDs, all as more particularly defined in the Specific Plan.
Impact Fees = fees established and collected by the City for impacts resulting from new development as established in the Development Agreement.
Transportation includes parkways, medians, and roundabouts.
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: March 8, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing Continued Use of Remote Teleconferencing Provisions Pursuant to AB 361 and Government Code Section 54953
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt a resolution authorizing the continued use of remote teleconferencing provisions pursuant to AB 361 and Government Code section 54953.
BACKGROUND:
On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances:
(A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
REASON FOR RECOMMENDATION:
In order for the City Council to continue use of teleconferencing as allowed by AB 361, it must first adopt the resolution allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days. In addition, AB 361 requires the City to continue to make specified findings every thirty (30) days thereafter. The last time this was presented on the agenda was February 8, 2022, or, 28 days ago.
FISCAL IMPACT:
None foreseen at time of report.
ALTERNATIVES:
Not adopt the resolution and revert to the original Brown Act rules for posting agendas when a member of the council remotely joins a City Council meeting.
ACTIONS FOLLOWING APPROVAL:
Continue to place the item on the City Council meeting agenda every 30-days to continue with the AB361 guidelines without disruption.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361 AND GOVERNMENT CODE SECTION 54953)
WHEREAS, the City Council of the City of Chowchilla (“City Council”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October 1, 2021, it must first adopt findings in a resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and/or
WHEREAS, the California Occupational and Safety Health Administration (OSHA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and/or WHEREAS, Madera County Health Officer, Dr. Simon Paul issued a letter on October 8, 2021 recommending physical distancing measures by way of utilizing teleconferencing options for public meetings to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 virus; and
WHEREAS, on February 8, 2022, January 11, 2022, December 14, 2021, November 23, 2021, and October 26, 2021, the City Council continued use of the remote teleconferencing provisions originally adopted on September 28, 2021; and WHEREAS, the City Council hereby finds that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety of attendees; and WHEREAS, the City Council is conducting its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment.
NOW THEREFORE, BE IT RESOLVED, that the recitals set forth above are true and correct and fully incorporated into this Resolution by reference.
BE IT FURTHER RESOLVED, that the City Council is conducting meetings during a state of emergency and the County of Madera and OSHA recommend measures to promote social distancing.
BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.
BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City committees governed by the Brown Act unless otherwise desired by that committee.
BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to continue to take all actions necessary to conduct City Council meetings in accordance with AB 361 and Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution after which the City Council will again reconsider the circumstances of the state of emergency.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 8th day of March, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: March 8, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration and Adoption of a City Council Resolution Authorizing Staff to Apply for Federal Funding Under FTA Section 5311 and Authorizing the City Administrator to Sign the Required Fiscal Year 2022 Certifications and Assurances for Federal Transportation Assistance (FTA) Section 5311 Programs, Projects and Grants
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Certifications & Assurances
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve the resolution authorizing staff to apply for federal funding under FTA Section 5311 and authorizing the City Administrator to sign the required fiscal year 2022 Certifications and Assurances form.
BACKGROUND:
Annually, the U. S. Department of Transportation allocates Federal funding to states through the Federal Transit Administration to support capital/operating assistance projects for non-urbanized public transportation systems under Section 5311 of the Federal Transit Act. The California Department of Transportation has been designated by the Governor to administer Section 5311 grants for transportation projects for the general public for the rural transit and intercity bus systems.
Applications for Section 5311 funds, as well as certifications and assurances, payment requests, and other related documents, must be signed by a duly authorized City representative designated by City Council resolution. The Federal Transit Administration requires a resolution authorizing the designation be considered and approved every three years.
The accompanying resolution authorizes the City Administrator, or designee, to file and execute applications on behalf of the City with the California Department of Transportation for Section 5311 funds, to execute and file all certification of assurances, contracts or agreements or any other required documents, to provide additional information that may be required and to submit and approve requests for reimbursement.
REASON FOR RECOMMENDATION:
This is an annual submission that requires the signatures authorized by the Council. Additional information regarding this request is available on the FTA website FY2022 Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements | FTA (dot.gov) FISCAL IMPACT:
There is no cost to this action, but action is required to receive FTA Section 5311 funds for the Chowchilla transit system.
ACTIONS FOLLOWING APPROVAL:
Upload the signed documents to BlackCat system.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING STAFF TO APPLY FOR FEDERAL FUNDING UNDER FTA SECTION 5311
AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE REQUIRED FISCAL YEAR 2022 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSPORTATION ASSISTANCE (FTA) SECTION 5311 PROGRAMS, PROJECTS AND GRANTS WHEREAS, the City of Chowchilla operates buses by grants obtained by Federal Transportation Administration (FTA); and
WHEREAS, the U.S Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for non-urbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1F and FTA C 9050.1); and
WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 grants for transportation projects for the general public for the rural transit and intercity bus; and WHEREAS, the City of Chowchilla desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in the City of Chowchilla; and WHEREAS, the City of Chowchilla has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:
1. Authorize the City Administrator or designee to file and execute applications on behalf of the Department to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1F and FTA C 9050.1) as amended.
2. Authorize the City Administrator or designee to execute and file all Certification and Assurances, contracts or agreement or any other document required by the Department.
3. Authorize the City Administrator or designee to provide additional information as the Department may require in connection with the application for the Section 5311 projects.
4. Authorize the City Administrator or designee to submit and approve request for reimbursement of funds from the Department for the section 5311 project(s).
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 8th day of March, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
Certifications and Assurances Fiscal Year 2022
1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Refer to FTA’s accompanying Instructions document for more information.
Text in italics is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT.
All applicants must make the certifications in this category.
1.1. Standard Assurances.
The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.
This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
Certifications and Assurances Fiscal Year 2022
2 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S.
DOT regulation 49 CFR Part 21;
(2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S.
DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24.
Certifications and Assurances Fiscal Year 2022
3 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Certifications and Assurances Fiscal Year 2022
4 animals held for research, teaching, or other activities supported by this award of assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in effect; or
(3) Using forced labor in the performance of the award or subawards under the award.
1.2. Standard Assurances: Additional Assurances for Construction Projects.
This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
Certifications and Assurances Fiscal Year 2022
5 1.3. Procurement.
The Uniform Administrative Requirements, 2 CFR § 200.324, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews.
The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.326 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.
1.4. Suspension and Debarment.
Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes.
The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
Certifications and Assurances Fiscal Year 2022
6 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.
1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding.
The applicant certifies:
(a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or
(a) The applicant certifies that the applicant has not furloughed any employees.
1.6. American Rescue Plan Act Funding.
The applicant certifies:
(a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.
CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a public transportation agency safety plan on behalf of a small public transportation provider pursuant to 49 CFR § 673.11(d).
This certification is required by 49 U.S.C. § 5329(d)(1) and 49 CFR § 673.13.
This certification does not apply to any applicant that receives financial assistance from FTA exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs.
If the applicant is an operator, the applicant certifies that it has established a public transportation agency safety plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673.
Certifications and Assurances Fiscal Year 2022
7 If the applicant is a State, the applicant certifies that:
(a) It has drafted a public transportation agency safety plan for each small public transportation provider within the State, unless the small public transportation provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own public transportation agency safety plan; and (b) Each small public transportation provider within the State has a public transportation agency safety plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5) and Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5).
CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.
If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2021, Pub. L. 116-260, div.
E, title VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status.
If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.
CATEGORY 4. LOBBYING.
If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.
This certification is required by 49 CFR § 20.110 and app. A to that part.
Certifications and Assurances Fiscal Year 2022
8 This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20.
4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
4.2. Statement for Loan Guarantees and Loan Insurance.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
Certifications and Assurances Fiscal Year 2022
9 Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
CATEGORY 5. PRIVATE SECTOR PROTECTIONS.
If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector.
5.1. Charter Service Agreement.
To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4.
The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference.
5.2. School Bus Agreement.
To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:
Certifications and Assurances Fiscal Year 2022
10 (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public.
CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.
If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a).
The applicant certifies that it is in compliance with 49 CFR Part 625.
CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.
7.1. Rolling Stock Buy America Reviews.
If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7.
The applicant certifies that it will conduct or cause to be conducted the pre-award and postdelivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663.
7.2. Bus Testing.
If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7.
The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will Certifications and Assurances Fiscal Year 2022
11 receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.
CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.
If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities; (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); Certifications and Assurances Fiscal Year 2022
12 (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either—
(1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or
(2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).
CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.
If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C).
Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and
(2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and
Certifications and Assurances Fiscal Year 2022
13 (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and
(2) It has determined that otherwise eligible local transit needs are being addressed.
CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE
EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM.
If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning).
CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.
If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Certifications and Assurances Fiscal Year 2022
14 Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.
If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.
Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9.
If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d).
The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan.
CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS.
If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.
In addition to the certification in Category 8, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).
The applicant certifies that:
Certifications and Assurances Fiscal Year 2022
15 (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis.
CATEGORY 13. STATE OF GOOD REPAIR GRANTS.
If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note that this certification is not limited to the use of Federal funds.
The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625.
If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1).
CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.
If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).
Certifications and Assurances Fiscal Year 2022
16 Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference.
CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83.
The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655.
CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.
If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39.
The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and
(b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.
CATEGORY 17. DEMAND RESPONSIVE SERVICE.
If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77.
The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics:
(a) Response time;
Certifications and Assurances Fiscal Year 2022
17 (b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability.
CATEGORY 18. INTEREST AND FINANCING COSTS.
If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).
The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing.
CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS.
If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v), a new subsection added by the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20, 2019). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.
The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2).
Certifications and Assurances Fiscal Year 2022
18 CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS
FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT
PROGRAMS).
Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing.
Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required.
FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that:
(a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award.
(c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system:
(1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014,
(2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or
(3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations.
(e) It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), (2) Category 06 (Transit Asset Management Plan),
Certifications and Assurances Fiscal Year 2022
19 (3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 09 (Formula Grants for Rural Areas),
(5) Category 15 (Alcohol and Controlled Substances Testing), and (6) Category 17 (Demand Responsive Service).
CATEGORY 21. EMERGENCY RELIEF PROGRAM.
An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program.
The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application.
Certifications and Assurances Fiscal Year 2022
1 FEDERAL FISCAL YEAR 2022 CERTIFICATIONS AND ASSURANCES FOR FTA
ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______.
Or,
The Applicant certifies to the applicable provisions of the categories it has selected:
Category Certification
01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
05 Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs
Certifications and Assurances Fiscal Year 2022
2 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Cybersecurity Certification for Rail Rolling Stock and Operations
20 Tribal Transit Programs
21 Emergency Relief Program
CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
AFFIRMATION OF APPLICANT
Name of the Applicant:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it.
The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek federal assistance to be awarded by FTA during the federal fiscal year.
The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute Certifications and Assurances Fiscal Year 2022
3 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate.
Signature Date:
Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant):
As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.
I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.
Signature Date:
Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year.
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: March 8, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration of a City Council Resolution Amending the Salary Scale for the Director of Recreation and Community Engagement to the Correct Pay Grade of M11 and Eliminating the Community Relations Manager Classification
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Approved Director of Recreation and Community Engagement Job Description
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve the resolution amending the salary scale for the Director of Recreation and Community Engagement to the Correct Pay Grade M11.
BACKGROUND:
In January 2018, the City Council approved reclassification of the Community Relations Manager to Director of Recreation and Community Engagement. Within the staff report, under Fiscal Impact, it stated “The pay scale salary range for the new position (new Grade M11) is proposed as comparable to the other department head level positions with 13 steps in a range from $49.09 to $58.68 (annual salary from $102,115.19 to $122,090.78)”. However, that salary range was not the Grade M11; it was actually the M6 salary range. The proposed job description showed the classification as a Grade M11. The item was approved by the City Council.
REASON FOR RECOMMENDATION:
To correct the error, staff is proposing to amend the salary scale to reflect the correct grade for the Director of Recreation and Community Engagement as Grade M11 ($42.94-$54.97). To help put it in perspective, the Director of Parks, Recreation and Community Services, which has not been filled since the City eliminated the Parks & Recreation Department in 2009/10, is a Grade M11. This position would oversee multiple staff ranging from Parks & Facilities Workers, Transit, and Seasonal Recreation. The Director of Public Works, Grade M6 ($52.23-$66.86), oversees Water, Wastewater, Streets & Roads, Parks & Facilities, Fleet, Engineering, Landscape/Building Maintenance.
Staff is also proposing to eliminate the Community Relations Manager from the salary scale. Both classifications are vacant, not represented by any labor union/association and are exempt from overtime.
FISCAL IMPACT:
None. This action is only to correct and clean up the salary scale.
ACTIONS FOLLOWING APPROVAL:
Staff to update the salary scale.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AMENDING THE SALARY SCALE OF THE DIRECTOR OF RECREATION AND COMMUNITY ENGAGEMENT TO THE CORRECT PAY GRADE OF M11, AND ELIMINATE
THE COMMUNITY RELATIONS MANAGER CLASSIFICATION
WHEREAS, Section 37206 of the Government Code required City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, the classification and M11 salary range of the Director of Recreation and Community Engagement was approved by the City Council in January 2018; and WHEREAS, the salary range of M6 was applied to the Director of Recreation and Community Engagement salary scale rather than the M11 salary range; and WHEREAS, staff would like to correct the salary range error, and eliminate the Community Relations Manager classification to clean up the salary scale; and WHEREAS, staff will continuously review the salary scale for discrepancies and bring any changes forth to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The recitals above are true and correct; and
2. The appropriate salary grade for the Director of Recreation and Community Engagement, M11, will be updated in the 2021/2022 Salary Scale; and
3. The appropriate salary range for Grade M11, $42.94 – $54.97, shall be reflected in the 2021/2022 Salary Scale; and
4. The Community Relations Manager classification shall be eliminated from the 2021/2022 Salary Scale; and
5. This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 8th day of March, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
JOB DESCRIPTION
130 S Second Street, Chowchilla, CA 93610
Telephone: (559) 665-8615 www.CityOfChowchilla.org
Updated: January 2018
Department: Recreation and Community Engagement
Job Title: Director of Recreation and Community Engagement Type of position: Full-time Hours: Exempt Pay Grade: M11
POSITION DESCRIPTION
Under administrative supervision and with considerable latitude for the use of initiative and independent judgment, manages departmental budgets, develops, implements, and coordinates various project and program activities for City recreational and cultural events and services, provides oversight of the senior center facility and programs, provides guidance and assistance to event activities of outside organizations, manages the City communications activities to promote, support and integrate community involvement into City governance through public relations, marketing and promotion, communications strategies and community outreach, and provides oversight of the information technology services, and related duties as required.
DISTINGUISHING CHARACTERISTICS
This is a single-position management classification reporting to the City Administrator. The position has overall administrative responsibility for the City recreation activities, senior center operations, outside organizations’ event assistance, the City community communications outreach activities and strategies, and oversight of the information technology services, and performs a variety of technical and routine duties that require a broad working knowledge of local government, recreation, event facilitation, public information and community engagement programs and procedures.
IMPORTANT DUTIES AND RESPONSIBILITIES
Important responsibilities and duties may include, but are not limited to, the following:
• Plans, organizes, directs, promotes, implements and evaluates City recreational, cultural and community events, programs and activities.
• Coordinates with various civic and community organizations, e.g. Chamber of Commerce, service clubs, sports leagues boards to aide communications efforts and with the conduction of activities, events and projects. • Provides analysis and guidance for the development and improvement of recreation and parks, facilities and amenities.
• Prepare, review and recommend facility use and program agreements between the City and outside organizations.
• Manage the rental of City facilities, including park pavilions. • Oversees volunteer management aspects including but not limited to, recruitment, event coordination, tracking, communications, and training.
• Plans, develops, and implements plans, strategies and programs to help facilitate community involvement with City departments, programs and initiatives. • Develops and implements City policies, procedures, and protocol designed to engage community input on various City programs and initiatives. • Develops strategies and advises on appropriate information dissemination procedures regarding significant issues, programs, projects, and services. • Facilitates public dialogues and consensus building to identify and resolve issues between the City and various community stakeholders.
• Assesses various community concerns, values, and opinions on City projects, programs, and initiatives, and presents findings to City staff.
• Consults with City staff to develop and implement public information training materials, bulletins, and presentations.
• Establishes and maintains effective relationships with community leaders, City Officials, the media, and the general public.
• Informs City officials of community issues through various media such as written reports, conferences and community meetings.
• Organizes forums, walking tours, conferences and other community events and meetings with City staff.
• Coordinates and facilitates community research and responses to documents issued by City departments and other jurisdictions.
• Represents the City at Council meetings, boards and commissions, and community events as directed.
• Designs, edits and updates informational materials, publications and promotions, such as brochures, reports, articles, newsletters, public service announcements, print and digital media releases, and related materials.
• Provides graphic design services to City departments. • Consistently review and evaluate systems and activities and make enhancements to improve effectiveness.
• Manages the City social media activities and communications strategies. • Maintains and updates contact databases for communication purposes. • Provides oversight and support of City information technology services to help ensure streamlined and cost effective technology solutions, operations, procedures, policies and best practices that are aligned with the organization and department needs and objectives.
• Oversees the development, enhancement and maintenance of the City website. • Manages the assignment of personnel and employee skills training, and conducts employee performance evaluations.
• Manages the department expenditures and revenues in compliance with authorized budget, and prepares budget recommendations.
• Recommends and facilitates of equipment and supplies purchases. • Develop, review, recommend and implement operational and program goals, objectives, policies and procedures.
• Develops strategic positions, identify resource needs, establish priorities and formulate short and long range plans.
• Maintains a high level of confidentiality regarding City issues. • Performs related duties as required.
QUALIFICATIONS
To perform this job successfully, an individual must possess required knowledge, skills, abilities and experience and be able to explain and demonstrate, with or without reasonable accommodations, that the essential functions of the job can be performed.
Responsibilities - Supervisor and/or Leadership Exercised • May lead and train full time and part time personnel. • May lead and train volunteers of varying capabilities. • Have the ability to train others.
Knowledge, Skills, and Abilities
• Knowledge of municipal government practices, budgeting, cost center management, policies, and procedures.
• Knowledge of the concepts, principles, procedures and skills to administer, develop and conduct community recreational, cultural and community events and programs. • Knowledge of Federal, State, County, and City laws, codes, regulations, and guidelines affecting recreation programs and activities.
• Knowledge of measuring and ascertaining the recreational, social, and cultural needs of the community.
• Knowledge of principles, practices, and techniques related to designing effective engagement strategies, conflict management, collaborative decision-making, consensus building and meeting facilitation.
• Knowledge of principles and practices of public information development, dissemination and community promotion and measuring effectiveness.
• Knowledge of standard English grammar, spelling, and punctuation and ability to assimilate information from various sources and prepare clear, persuasive communication for oral and written presentation.
• Knowledge of supervisory and managerial techniques and principles. • Skill in oral and written communication and be able to communicate assertively, effectively, persuasively, and consistently with co-workers, supervisors, and patrons. • Skill in data analysis and problem solving.
• Skill in planning and organizing.
• Skill in handling multiple tasks and prioritizing.
• Skill in project management.
• Skill in using computers with a thorough working knowledge to use Microsoft Word, Outlook, Excel, PowerPoint and Desktop Publishing software including Adobe Creative Suite (Photoshop, Illustrator, InDesign, et al) for print and web applications, social media platforms, and have the ability to learn new technological advances. • Ability to develop new initiatives and working with service providers to plan and coordinate services.
• Ability to establish and maintain good working relationships with other city employees and the public.
• Ability to use conflict resolution and negotiation.
• Ability to work with frequent interruptions and changes in priorities. • Ability to work well with individuals from a variety of different backgrounds and experience, including community leaders, residents, service providers, local officials and elected representatives.
• Ability to train others.
• Ability to work with community representatives to identify and address local needs. • Ability to develop new initiatives and working with service providers to plan and coordinate services.
• Serve as City liaison with news media and the public and gather and prepare information and data for public dissemination.
Tolerance of Job Conditions
• The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. • Reasonable accommodations may be to enable individuals with disabilities to perform the essential functions.
• Work is primarily conducted in a controlled environment most of the time. • Exposure to heat, cold, rain, dust, etc. may occur while conducting community events and activities.
Physical Requirements
• Must possess mobility to work in a standard office environment. • Be able to operate a motor vehicle and to visit various City facilities and meeting sites. • Possess adequate vision to read printed materials and a computer screen. • Possess hearing and speech to communicate in person and while using the telephone. • The job involves occasional fieldwork requiring frequent walking at City sites to setup and conduct events and activities and to identify problems or hazards. • Finger dexterity is required to access, enter and retrieve data using a computer keyboard or calculator and to operate standard office equipment. • Positions in this classification occasionally bend, stoop, kneel, reach, and push and pull drawers open and closed to retrieve and file information. • Average motor skills.
Application of Mental and Physical Effort
• Mental effort requires high levels of concentration for extended periods of time. • Physical effort is generally light for extended periods of time to occasionally moderate for a short duration.
• Strenuous physical effort may be required at times to setup events and possibly move or lift boxes or equipment up to 25 lbs.
Duties, Functions and Responsibilities
• Plans, develops, and implements strategies and programs to help facilitate community involvement with City departments, programs and initiatives. • Assess and monitor community needs to identify opportunities to improve service delivery methods and procedures to develop and implement new program areas. • Develops and implements City policies, procedures, and protocol designed to engage community input on various City programs and initiatives. • Conducts neighborhood need assessments and meets with neighborhood residents, leaders, and civic groups to identify community needs and available resources. • Facilitates public dialogues and consensus building to identify and resolve issues between the City and various community stakeholders.
• Assesses various community concerns, values, and opinions on City projects, programs, and initiatives, and presents findings to City staff.
• Consults with City staff to develop and implement public information training materials, bulletins, and presentations.
• Establishes and maintains effective relationships with community leaders, City Officials, the media, and the general public.
• Informs City officials of community issues through various media such as written reports, conferences and community meetings.
• Organizes forums, walking tours, conferences and other community events and meetings with City staff.
• Coordinates and facilitates community research and responses to technical documents issued by City departments, developers and other jurisdictions. • Represents the City at Council meetings, boards and commissions, and community events as directed.
• Establish and meet obligated deadlines.
• Identify neo-traditional marketing opportunities through partnerships and associations. • Demonstrate integrity, trust and political sensitivity; exhibit tact and confidentiality. • Use innovative planning, organization, and research techniques to achieve goals. • Other related duties may be assigned.
EDUCATION, EXPERIENCE AND TRAINING
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education and Experience
• Bachelor’s degree from an accredited college or university with major coursework in Parks and Recreation, Public Relations, Public Administration, Communications, or a closely related field is required.
• A Master’s degree from an accredited college or university with major coursework in Parks and Recreation, Public Relations, Public Administration, Communications, or a closely related field is preferred.
• Five years with Bachelor’s degree, or three years with Master’s degree, of increasingly responsible experience in the administration and development of community recreation programs and services, and experience in public information, community outreach, and involvement programs.
• Municipal government experience, or similar, is preferred.
Licenses, Registrations and Accreditations, etc.
• Possession of a valid California Motor Vehicle Operators License. • Certified Park and Recreation Professional (CPRP), and/or Certified Park and Recreation Executive (CPRE), or similar, is preferred.
This description is intended to indicate the kinds of tasks and levels of work difficulty required of the position given this title and shall not be construed as declaring what the specific duties and responsibilities of any particular position shall be. It is not intended to limit or in any way modify the right of management to assign, direct and control the work of employees under supervision.
The listing of duties and responsibilities shall not be held to exclude other duties not mentioned that are of similar kind or level of difficulty.
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: March 8, 2022
AGENDA SECTION: New Business
SUBJECT: Approval of a Resolution of the City Council of the City of Chowchilla Approving an Amendment to an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2019 Funding Year of The State Community Development Block Grant (CDBG) Program APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff is requesting that City Council approve a resolution amending the 2019 Funding Year of The State CDBG Program for the re-use funds that the City has accumulated from prior loans BACKGROUND:
As the Council is aware the City has in the past obtained first-time homebuyers grants. As a part of the process, those loans get paid back over the years. The City is required to spend these funds on CDBG Eligible projects. On December 11, 2018, the City Council was informed by the Community and Economic Development Director, that there was approximately $500,000.00 of CDBG Program Income (PI) Reuse funds available in the City’s account and that $450,000.00 of the funds be used for the Humboldt Storm Drainage and Street Reconstruction project and $50,000.00 for Code Enforcement activities.
At a March 12, 2019 Chowchilla City Council meeting, the City’s Director of Finance requested authorization to submit an application for the re-use funds and noted that the City now had approximately $650,000.00 of re-use funds available. Council voted to approve Resolution 100-18, authorizing a submittal of an application to the California Department of Housing and Community Development (HCD) to participate in the CDBG program with $550,000.00 going to the Humboldt Project and $100,000.00 going to Code Enforcement activities.
After receiving approval from HCD for the use of PI re-use funds, in June 2019, the City’s contracted City Planner requested that City Council authorize the staff to submit a PI re-use agreement in order to expend the PI funds. As a result, in 2020, the City received authorization from HCD to use funds related to Code Enforcement but would need additional environmental clearances and general conditions prior to funds being used for the Humboldt Project.
REASON FOR RECOMMENDATION:
As the City was working with HCD to secure the Authorization to Use Grant Funds (AUGF) for the Humboldt Project, staff was informed that the City’s CDBG PI Reuse funds is expected to increase to approximately $1,100,000.00. On March 2, 2022, staff was informed by HCD that if the City wants to use the additional available funding for the Humboldt Project, a resolution approving an amendment to the 2019 funding application needed to be submitted noting the increased commitment of CDBG PI funds. As a result, the amendment will be updated as follows for the following CDBG activities:
Humboldt Avenue Drainage Project $1,000,000.00
Code Enforcement Officers $ 100,000.00
FISCAL IMPACT:
There is no fiscal impact based on the fact that the City has the funds and is requesting to be used on CDBG eligible projects. All expenditures are in CDBG-eligible areas.
ALTERNATIVES:
None proposed.
ACTIONS FOLLOWING APPROVAL:
Submit approved resolution to HCD.
COUNCIL RESOLUTION # -22
A RESOLUTION APPROVING AN AMENDMENT TO AN APPLICATION FOR FUNDING AND
THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2019 FUNDING YEAR OF THE STATE CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Chowchilla as follows:
SECTION 1:
The City Council has reviewed and hereby approves the increased commitment of CDBG Program Income for one or more application(s) in the aggregate amount, not to exceed, of $1,100,000 for the following CDBG activities:
Humboldt Avenue Drainage Project $1,000,000
Code Enforcement Officers $ 100,000
SECTION 2:
The City hereby approves the use of Program Income in an amount not to exceed $1,100,000 for the CDBG activities described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City hereby authorizes and directs the City Administrator, or designee*, to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Administrator, or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Administrator, or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chowchilla held on March 8, 20222 by the following vote:
AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
__________________________________
John Chavez, Mayor
City Council
STATE OF CALIFORNIA
County of Madera
I, Joann McClendon, CMC, City Clerk of the City of Chowchilla, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 8th day of March, 2022.
__________________________________________
Joann McClendon, CMC, City Clerk of the City of
Chowchilla, State of California