Annual Budget - City of Corcoran
CAPITAL OUTLAY
2026-27
CAPITAL EXPENDITURES
GENERAL FUND
Relocate Server Room To City Hall $135,950
104.432.500.540
104.432.500.520 Upgrades/Updates To City Bldgs/Commercial Property $290,000 104.406.500.540 New Com Dev Truck/Van $65,000
104.421.500.540 2 New PD Vehicles W/Conversion $210,000 TOTAL GENERAL FUND $700,950
PARKS
104.412.500.520 New Roof At Cesar Chavez Park $7,000
104.412.500.540 John Maroot Project $2,000,000
TOTAL PARKS FUND $2,007,000
WATER
105.437.500.540 Water Trailer $6,000
105.437.500.540 VFD For Station 2 Pump #5 $25,000
105.437.500.540 Pull Behind Lift $8,750
105.437.500.540 Pesticides Shack & Wash Rack For WTP $10,000 105.437.500.540 New VFD For Station 2 Pump #5 $2,500
105.437.500.540 New Husqvama Concrete Saw $20,000
105.437.500.550 125 HP VFD For Backwash Pump At WTP $80,000 Second Part SCADA Upgrade W/PerFIC (Wells, Filters) $190,000 105.437.500.550
New Replacement Filter Press $300,000
105.437.500.550
105.437.500.550 Bootville Water Main Tie-In (Done In House) $40,000 105.437.500.599 Capital Set Aside $150,000
TOTAL WATER CAPITAL FUND $832,250
STREETS
109.434.500.540 Pull Behind Lift $8,750
109.434.500.530 HSIP 5223-034 Guardrail $209,600
109.434.500.530 HSIP 5223-038Guard Rail $510,000
5223-029 Corc Equitable Health, Safety, & Connect-ATP Cycle6 $3,500,000 109.434.500.530
109.434.500.530 5223-031 Clean CA $700,000
TOTAL STREETS FUND S4.928,350
SEWER
Utility Truck 50,000
120.435.500.540
120.435.500.540 Sewer Vactor Truck 950,000
120.435.500.540 Sewer Lateral Camera + Locator 15,000
120.435.500.540 SCADA for WWTP-ARPA 200,000
120.435.500.540 Pull Behind Lift 8,750
120.435.500.540 Miller Welder 5,000
120.435.500.540 Kubota + Spray Rig 30,000
120.435.500.540 Flare Replacement 50,000
TOTAL SEWER $1,308,750
STORM
121.439.500.530 Stormwater enhancement project-Region 9 EPA Community Grants Program 2,000,000 121.439.500.540 Mobile Genset $50,000
121.439.500.531 Drain Improvements-Norboe, & Chittenden, Letts & Patterson $35,000 TOTAL STORM $2,085,000
TRANSIT
145.410.500.520 Depot, Bus Parking Structure, & Bus Stops-LCTOP $250,300 145.410.500.530 Bus Stop Shelters, Benches, Bus Stop-LCTOP $85,082 145.410.500.540 Purchase New Transit Bus LTF $359,268
145.410.500.540 Purchase of Passanger Van LCTOP $90,732 TOTAL TRANSIT $785,382
BUDGETED PERSONNE! Page 79
DEPARTMENTS 22-23 Funded 24-25 Funded 25-26 Funded 26-27 Funded
CITY ADMINISTRATION
City Manager
Assistant to the City Manager/City Clerk ON NA
Deputy City Clerk
Office Clerk - Part Time
TRANSIT
Transit & Grants Manager
Transit Coordinator
Senior Transit Assistant
Transit Operator
FINANCE
Finance Director
Accountant
Account & Payroll Analyist
Accounting Technician
Senior Account Clerk
Account Clerk
COMMUNITY DEVELOPMENT
Community Development Director
Planner!
Administrative Assistant
Assistant Building Official
Building Inspector
POLICE DEPARTMENT
Chief of Police
Deputy Chief of Police
Captain O NO
Lieutenant
Sergeants
Corporals
Officers 10 10
Reserve Police Officer Part-Time
Community Service Officer
Executive Assistant
Communication Records Manager
Records Supervisor
Records Clerk Il NNOANONNAAWU
Records Clerk I
Dispatch Supervisor
Clerk/Dispatcher III
Clerk/Dispatcher I!
Clerk/Dispatcher i
Clerk/Dispatcher- Part-Time
35 25 43 44 44
Public Works
Public Works Director
Administrative Assistant
Executive Assistant
WWTP Chief Plant Operator
WWTP Lead Utilty Operator
WWTP Utility Operator!
WWTP Utility Operator I!
WWTP Utility Worker!
Water Chief Plant Operator
Water Shift Operator
Water Utility Shift Operator
Water Utility Worker
Water Utility Operator
Maintenance Worker I!!
Maintenance Worker Il
Maintenance Worker I
Parks/Streets Maintenance Supervisor
Chief Fleet Mechanic
Senior Fleet Mechanic
MAPP
Utilities Superintendent
20 19
City of
CORCORAN
FOUNDED 1914
CITY ADMINISTRATION -
STAFF REPORT
June 23, 2026
ITEM # 6-D
FROM: Greg Gatzka, City Manager
SUBJECT: Fiscal Year 2026-2027 Compensation and Benefit Plan Summary:
As part of the Fiscal Year budget process, the Council annually approves the City's Compensation and Benefit Plan for all City staff positions.
Recommendation:
Consider approving Resolution No. 4150 to adopt the Fiscal Year 26-27 Compensation and Benefit Plan for City staff positions.
Budget impact:
The proposed compensation and benefits plan implements the proposed Fiscal Year 26-27 Budget tor all allocated staff positions and agreements with all represented employee groups and unrepresented management.
Background:
The FY 26-27 compensation and benefit plan incorporates all proposed budgeted positions, and agreed changes with employee represented groups that include CLOCEA, CPOA, CPNSA, Local 39, and Unrepresented Management, The City Manager is proposing one additional salary adjustment be made for the Public Works Utilities Superintendent position classification in unrepresented management. Currently, the Utilities Superintendent position that supervises both the City's Water and Wastewater operations has a salary base that is 3.11% less than the Wastewater Treatment Plant (WWTP) Chief Plant Operator position. As the WWTP Chief Plant Operator position is currently vacant, the Utilities Superintendent is covering the extra workload responsibilities and a revision to the salary range is warranted. A proposed additional 9% salary adjustment will place this unrepresented management salary range to 5.4% above the subordinate position which will support employee longevity and retention.
One additional benefit is also proposed for Unrepresented Management to support the City's implementation of the bilingual pay benefit program. Rather than pay an outside organization to provide services that qualify employees for this benefit, the City Manager has established an internal Bilingual Pay Benefit Committee of qualified Unrepresented Management staff to administer employee testing and qualification for the bilingual pay benefit under adopted MOUs.
City Offices
832 Whitley * Corcoran, CA 93212 * Phone 559-992-2151 * www.cityofcorcoran.ca.gov The MOU benefit for represented employees is $100/month for qualified employees within CPOA, PNSA and CLOCEA who can speak/read/write in Spanish. The City Manager is proposing t add $120/month benefit to qualifying Unrepresented Management staff who are bilingual an serve on the City's Bilingual Pay Benefit Committee to administer testing and qualifications There are currently seven qualified management employees that include four in the Police Resolution NO. 4150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORCORAN
ADOPTING A COMPENSATION AND BENEFIT PLAN
FOR THE FISCAL YEAR 2026-2027
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Corcoran that adjustments to the compensation and benefits plan for Fiscal Year 2026-2027 be made and compensation shall be as indicated effective on the date specified below for the fiscal year above written:
1. Effective first full pay period after July 1, 2026, monthly compensation for CLOCEA represented classifications are as follows:
Non Exempt. Monthly Pay Schedule
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Note
Administrative Assistant 3,801.51 3,991.58 4,191.16 4,400.72 4,620.76 A,D, G,O Account Clerk 3,357.02 3,524.87 3,701.11 3,886.17 4,080.47 A, D, G,O Senior Account Clerk 3,945.25 4,142.51 4,349.64 4,567.12 4,795.48 A,D,G,O Accounting Technician 4,297.74 4,512.63 4,738.26 4,975.17 5,223.93 A, D, G,O Building Inspector l 4,930.07 5,176.58 5,435.41 5,707.18 5,992.54 A, D, G, I,0 Building Inspector lI 5,091.66 5,346.25 5,613.56 5,894.24 6,188.95 A, D, G,1,0 Code Enforcement Officer 4,191.83 4,401.42 4,621.49 4,852.57 5,095.19 C,D, G,1,0 Planning Technician 4,083.74 4,287.93 4,502.32 4,727.44 4,963.81 A,D,G,O Planner | 5,053.27 5,305.93 5,571.23 5,849.79 6,142.28 A, D, G,O Planner I/ 5,574.66 5,853.40 6,146.07 6,453.37 6,776.04 A, D, G,O Transit Coordinator 4,140.74 4,347.78 4,565.17 4,793.43 5,033.10 C,D,G,0 Il. Effective first full pay period after July 1, 2026, monthly compensation for Local 39 represented classifications are as follows:
Non-Exempt Monthly Pay Schedule
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Note
Senior Fleet Mechanic 4,382.72 4,601.86 4,831.95 5,073.55 5,327.23 CD,, I,0,7 Chief Fleet Mechanic 4,830.77 5,072.31 5,325.93 5,592.22 5,871.83 C,D, F,G, 1,0, T Maintenance Worker I 3,378.94 3,547.89 3,725.28 3,911.55 4,107.12 CD, 5, 6,1,07 Maintenance Worker I| 3,902.53 4,097.65 4,302.54 4,517.66 4,743.55 C,D,F,G, 1,0, T Maintenance Worker III Lead 4,298.45 4,513.37 4,739.04 4,975.99 5,224.79 C, D,F, G,I,O, T Parks & Streets Maint Supervisor 5,371.05 5,639.60 5,921.58 6,217.66 6,528.55 C, D, F,G, 1,0 Transit Operator l 3,349.49 3,516.96 3,692.81 3,877.45 4,071.32 C, D,G,1,0 Transit Operator I/ 3,996.73 4,196.56 4,406.39 4,626.71 4,858.05 C, D, G,1,0 Water Utility Worker 3,581.95 3,761.05 3,949.10 4,146.56 4,353.89 C,D,E, F,G,I,0, T Water Utility Operator 4,252.24 4,464.85 4,688.09 4,922.50 5,168.62 C,D,E,F,G, I,O, T Water Shift Operator 5,068.02 5,321.42 5,587.49 5,866.86 6,160.21 C,D,E,F,G, I, 0, T Water Lead Shift Operator 5,841.26 6,133.32 6,439.99 6,761.99 7,100.09 C, D,E, F, G, I, 0, T Water Chief Plant Operator 7,294.39 7,659.11 8,042.07 8,444.17 8,866.38 C, D,E, F, G, I, 0, T WWTP Operator In Training 3,529.69 3,706.18 3,891.49 4,086.06 4,290.37 C, D,E, F,G, 1,0 WWTP Utility Operator l 4,101.06 4,306.11 4,521.42 4,747.49 4,984.86 C, D, E, F,G, 1,0 WWTP Utility Operator Il 4,576.07 4,804.87 5,045.11 5,297.37 5,562.24 C,D, E, F,G, 1,0 WWTP Lead Utility Operator 5,557.97 5,835.87 6,127.66 6,434.05 6,755.75 C,D, E, F,G,1,0 WWTP Chief Plant Operator 6,835.62 7,177.40 7,536.28 7,913.09 8,308.74 C,D,E,F,G,1,0 1 III. Effective first full pay period after July 1, 2026, monthly compensation for CPOA represented classifications are as follows:
¿Non Exempt Monthly Pay Schedule
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Note Police Officer 5,236.00 5,497.80 5,772.69 6,061.32 6,364.39 6,682.61 B,D,H,I,P,S Police Corporal 5,826.08 6,117.38 6,423.25 6,744.41 7,081.63 7,435.72 B,D,H,I,P,S Police Sergeant 6,516.79 6,842.63 7,184.76 7,544.00 7,921.20 8,317.26 B,D,H,I,P,S IV. Effective first full pay period after July 1, 2026, monthly compensation for PNSA represented classifications are as follows:
Non Exempt Monthly Pay Schedule
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Note
Clerk/Dispatcher | 3,671.23 3,854.79 4,047.53 4,249.91 4,462.41 B,D,H, I,P,S Clerk/Dispatcher I| 3,878.77 4,072.71 4,276.35 4,490.16 4,714.67 B,D,H, I,P,S Clerk/Dispatcher I!! 4,303.34 4,518.51 4,744.44 4,981.66 5,230.74 B,D,H,I, P,S Dispatch Supervisor 5,010.83 5,261.38 5,524.44 5,800.67 6,090.70 B,D, H,I,P,S CSO/Animal Control I 3,413.49 3,584.16 3,763.37 3,951.54 4,149.12 B,D, E, H, I,P,S CSO/Animal Control II 4,001.30 4,201.36 4,411.43 4,632.00 4,863.61 B,D,E, H, I,P,S CSO/Prop & Evidence Tech I 3,618.30 3,799.21 3,989.17 4,188.63 4,398.06 B,D, E, G, 1,0,5 CSO/Prop & Evidence Tech I/ 4,060.28 4,263.29 4,476.45 4,700.28 4,935.29 B,D, E, G, I,O,S Records Clerk ! 3,191.11 3,350.67 3,518.20 3,694.11 3,878.82 B,D,G,I,0,S Records Clerk I| 3,517.71 3,693.60 3,878.28 4,072.19 4,275.80 B,D,G,I,O,S Records Clerk I!! 3,755.92 3,943.72 4,140.90 4,347.95 4,565.35 B,D,G,I,0,S Records Supervisor 4,465.73 4,689.02 4,923.47 5,169.65 5,428.13 B,D,G, 1,0,5 V. Effective first full pay period after July 1, 2026, monthly compensation shall be as indicated for the following Confidential Management (Non-Exempt) unrepresented classification sub-group:
Confidential Management: Non-Exempt Monthly Pay Schedule Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Note
Accounting & Payroll Analyst 4,421.73 4,642.82 4,874.96 5,118.71 5,374.65 C,G, N,0,Q.
Deputy City Clerk 4,386.30 4,605.62 4,835.90 5,077.70 5,331.58 C, G, N,0,Q Executive Assistant (PD)(PW) 4,636.85 4,868.69 5,112.13 5,367.73 5,636.12 C,G,N,0,Q Transit & Grants Manager 5,040.18 5,292.19 5,556.80 5,834.64 6,126.37 C, G, N,0,Q VI. Effective first full pay period after July 1, 2026, monthly compensation shall be as indicated for the following Department Management (Exempt) unrepresented classification sub-group:
Department Management - Exempt Monthly Pay Schedule
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Note
Accountant 5,283.17 5,547.33 5,824.70 6,115.93 6,421.73 C, G, I,N,0,0 Assistant Building Official 6,438.95 6,760.90 7,098.94 7,453.89 7,826.58 C,G,I,N,0,Q Communications/Records Manager 6,070.78 6,374.31 6,693.03 7,027.68 7,379.07 C, G, I, N,0,0 Police Captain 8,726.86 9,163.21 9,621.37 10,102.44 10,607.56 C,G,I,N,0,Q Lieutenant 7,775.18 8,163.93 8,572.13 9,000.74 9,450.77 C,G,I,N, 0,0 Public Works Utilities Superintendent 7,207.29 7,567.66 7,946.04 8,343.34 8,760.51 C,G, I,N,0,Q 2 VIl. Effective first full pay period after July 1, 2026, monthly compensation shall be as indicated for the following Executive Management (At-Will, Exempt) unrepresented classification sub-group:
Executive Management - At-Will Exempt Monthly Pay Schedule Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Note
Asst to the City Manager/ City Clerk 7,007.09 7,357.45 7,725.32 8,111.58 8,517.16 C, G, N,0,0 Community Dev Director/Bld. Official 9,642.10 10,124.21 10,630.42 11,161.94 11,720.04 | C,G,N,0,0 Finance Director 10,136.68 10,643.51 11,175.68 11,734.47 12,321.19 C,G,N,0,0.
Police Chief 10,917.15 11,463.01 12,036.16 12,637.97 13,269.87 "Contract" Public Works Director 10,186.13 10,695.44 11,230.21 11,791.72 12,381.30 C,G,I,N,0,Q Step 1. The first step of the salary range of the City of Corcoran's Compensation Plan.
Step 2. Available to those employees who have completed one year of satisfactory performance in Step 1 of the compensation plan and have met all other merit increase provisions.
Step 3. Available to those employees who have completed one year of satisfactory performance in Step 2 of the compensation plan and have met all other merit increase provisions.
Step 4. Available to those employees who have completed one year of satisfactory performance in Step 3 of the compensation plan and have met all other merit increase provisions.
Step 5. Available to those employees who have completed one year of satisfactory performance in Step 4 of the compensation plan and have met all other merit increase provisions.
Step 6. Available to employees in CPOA who have completed one year of satisfactory performance in Step 5 of the compensation plan and have met all other merit increase provisions.
VIll. Police Officers assigned to the following specialty assignments will receive a base pay rate 5% above their current step for: Narcotics Task Force, Gang Task Force, School Resource Officer, Detective, or K-9. / IX. Police Officers assigned as Field Training Officers will receive a base pay rate 3% above their current step, for any pay period during which they perform this function.
X. Clerk/Dispatchers assigned as a Dispatch Trainer over a newly employed dispatcher will receive a base pay rate 3% above their current step, for any pay period during which they perform this function XI. Clerk/Dispatcher and Record Clerks will receive a $50 stipend for each occurrence when asked to serve as jail matron with a maximum of $200 per month.
XII. Longevity Pay for Unrepresented Management is $1,000 at seven years, $1,250 at ten years, and $2,000 at fifteen years. Longevity Pay for all other employees is defined by respective MOU.
XIII. Effective first full pay period after July 1, 2025, compensation shall be as indicated for the following part- time positions:
Administrative Assistant $21.93 (Step 1 of Administrative Assistant) Crossing Guard $17.00 (January 1, 2027 will adjust by CPI capped at 3.5%) Transit Operator $23.06 (Step 1 of Transit Operator II) Records Clerk $18.41 (Step 1 of Records Clerk I)
Reserve Police Officer $30.21 (Step 1 of Police Officer I) 3 Reserve Clerk Dispatcher $22.38 (Step 1 of Clerk/Dispatcher II) Reserve CSO $20.87 (Step 1 of CSO/Evidence Technician I) XIV. Effective first full pay period after July 1, 2026, the retention benefit authorized by City Council and applied to Police Department personnel during FY 22-23, FY 23-24 is continued through FY 26-27 and includes:
1. Milestone Anniversary Incentive benefit for service years of 4, 8, 12, 16, and 20 as outlined in July 7, 2023, City Manager memo.
CONDITION NOTES/FULL-TIME EMPLOYEES
Conditions J, K, L, M and R apply to all full-time employees.
A. Works 40 hour per week on weekdays.
B. Works shifts assigned by the Department Head
C. Works 40 hours per week and/or as necessary.
D. Authorized overtime compensated at one and one-half times the hourly shift rate as per Sections 517 and 519 of the City of Corcoran Personnel Manual and current Memorandums of Understanding.
E. Authorized to receive standby pay at the rate of $150 per week, with an additional $25 for each holiday that falls within a standby period.
F. Authorized to receive a minimum of two hours overtime accumulation when called back to duty. This compensation to be in addition to any standby pay received.
G. Observes twelve municipal holidays on a guaranteed basis.
H. Does not observe municipal holidays, but receives holiday in-lieu compensation of 4 ½% of the employee's annual salary.
I. Eligible for uniform maintenance and allowance as provided below and to be disbursed as indicated:
1. Police Officers, Corporals, Sergeants, $1,000.00 paid in December and June (in arrears) Lieutenant, and Captains
2. Community Service Officer/Animal Control $ 800.00 paid in December and June (in arrears)
3. Community Service Officer/Evidence Tech $ 700.00 paid in December and June (in arrears)
4. Dispatchers, Records Clerks and $ 500.00 paid in December and June (in arrears) Communications/Records Manager
5. Public Works Director $ 500.00 paid in July (in advance)
6. Assistant Building Official, Building $ 500.00 paid in July (in advance) Inspector I/ll, Code Enforcement Officer
J. Health Coverage Benefits by Bargaining Group:
CPOA MOU: The City's contribution towards the employees' monthly premiums for health and welfare insurance programs for employees will continue to be 80% of the total cost for employees hired before January 1, 2013. For employees hired after January 1, 2013, and made affective August 27, 2024, the City's contribution towards the employees' monthly premiums for health and welfare insurance programs will be 75% of the total cost.
4 CLOCEA MOU and Local 39 MOU: The City contribution towards the employees' monthly premium for health and welfare insurance programs for employees will be 75% of the total cost.
Unrepresented: The City contribution towards the employees' monthly premium for health and welfare insurance programs for employees will be 80% of the total cost.
Employees who have medical coverage elsewhere and opt out of the City's plan are eligible to receive $150 a month in the form of a contribution to a Deferred Comp account.
K. Sick Leave shall continue to be accrued as follows:
1. 3.69 hours per biweekly pay period for employees on 8 hour shifts, 4.06 hours per biweekly pay period for employees on 10 hour shifts and 4.43 hours per biweekly pay period for employees on 12 hour shifts.
Unrepresented Management in Department Management and Executive Management Sub-Groups accrue 4.62 hours per bi-weekly pay period.
2. Unused sick leave may be sold back to the City as per the current Memorandum of Understanding and/or City Personnel Manual.
L. Vacation and Management Leave:
Vacation leave shall be accrued per biweekly pay period as follows:
Years of Service 8 hour shifts 10 hour shifts 12 hour shifts 0 - 4 3.08 3.39 3.70
5 - 9 4.62 5.08 5.54
10 or more 6.15 6.77 7.39
No employee shall accumulate more than the maximum allowed vacation accrual as per the current Memorandum of Understanding, or employment agreement. Unrepresented Management is limited to a maximum accrual of 45 days (360 hours).
Employees may sell up to 5 days (40 hours) of accumulated vacation a year as long as they maintain 20 days (160 hours) accumulation, as per the current Memorandum of Understanding. CPOA employees may sell up to an additional 20 days (160 hours) at 60% of hourly rate per Memorandum of Understanding.
Unrepresented Executive Management employees may sell up to 10 days (80 hours) of accumulated vacation a year.
Management Leave shall be credited to the following positions in the amounts shown on an annual basis. 6 days Accounting & Payroll Analyst
Deputy City Clerk
Executive Assistant (PD) (PW)
Transit & Grants Manager
8 days Accountant
Assistant Building Official
Police Captain
Lieutenant
Communications/Records Manager
Utilities Superintendent
5 10 days Assistant to the City Manager/City Clerk
Departments Heads
Police Chief
M. Personal Vehicle Reimbursement Rate for use of a personal vehicle for City Business when authorized will continue to be the current IRS reimbursement rate or per the Travel and Training Policy.
N. Unrepresented Management employees qualified to speak/read/write in Spanish and who serve on the City's Bilingual Pay Benefit Committee to evaluate and qualify employees for benefit will receive $120/month.
O. One Floating Holiday. Employee is eligible to receive one floating holiday a year.
P. Three Floating Holidays. Employee is eligible to receive three floating holidays a year.
Q. Deferred Compensation Match. Employee is eligible for a City match of $1 for every $1 of contributions to a deferred compensation plan by the employee, up to a maximum of 5% of the employee's salary.
R. Retirement Benefits. Full-time employee retirement benefits are provided by contract with CaPERS.
Employees as of July 1, 2012 are covered under 2%@55(single highest year) for miscellaneous employees and 3%@55(single highest year) for safety employees. Effective January 1, 2013 a two-tier plan was established with new employees covered under 2%@62 (final three years) for miscellaneous employees and
2.7%@57(final three years) for safety employees. Plan costs are split between the City and employee in accordance with the current MOU.
S. All CPOA and CPNSA represented employees are eligible for deferred compensation match on a 1/1 basis up to $2,500 annually.
T. Certification Incentive Stipend of $2,000/annually, prorated on a monthly basis, and paid in December and June (in arrears) for employees in the following:
1. Maintenance Worker series or Fleet Mechanic series that maintain Class B/Air Brake/Tanker certifications, and are assigned City street sweeping duties; or
2. Water Division employees who maintain higher level certifications in either water distribution or treatment that is beyond their current job classification requirements.
Passed and approved at the regular meeting of the City Council of the City of Corcoran held on the 23rd day of June, 2026 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:_
Sidonio "Sid" Palmerin, Mayor
ATTEST:
Marlene Spain, City Clerk
6 CLERKS CERTIFICATE
City of Corcoran }
County of Kings
State of California }
, hereby certify that the foregoing is a full, true and correct copy of a resolution passed and adopted by the City Council of the City of Corcoran at a regular meeting held on the_ th day of _ by the vote as set forth therein.
DATED:
ATTEST:
City Clerk
[ seal ]
7 City of
CORCORAN
FOUNDED 1914
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
June 23, 2025
ITEM # 6-E
FROM: Kevin J. Tromborg, Community Development Director SUBJECT: Final approval of Conditional Use Permit 26-02 and Planning Commission Resolution 2026-06
Recommendation: (Voice Vote) Staff is recommending the council consider final approval of Conditional Use Permit (CUP) 26-02 and Planning Commission Resolution 2026-06 regarding a plant nursery business (Corcoran Roots) located at 1133 Chittenden Avenue. APN: No 032-041- 014
Discussion: On June 15, 2026, at a regularly scheduled meeting of the Planning Commission Conditional Use Permit (CUP) 26-02 was presented to the Planning Commission for consideration of approval and their recommendation of approval to the City Council with the findings and requirements listed in the Planning Commission staff report and resolution. (See Attached) Corcoran Roots is a Plant Nursery and garden shop. The CUP is required for this type of land use in the downtown commercial zone. The business can officially open once Council approves the Planning Commission Resolution, findings and requirements.
Attachment:
1. Planning Commission Staff Report and Resolution
2. Kings County Environmental Health requirements
3. Kings County Fire Department requirements
4. Site plan of proposed project
City Offices
832 Whitley * Corcoran, CA 93212 * Phone 559-992-2151 www.cityofcorcoran.ca.gov Kevin Tromborg
From: Hullinger, Lindsay < [email protected]> Sent: Monday, June 8, 2026 9:12 AM
To: Kevin Tromborg
Subject: CUP 26-02 (Bianca Gonzalez; Plant Nursery)
Good morning,
Kings County Environmental Health Services has the following comments regarding Conditional Use Permit 26-02 (Bianca Gonzalez):
Hazardous Materials Business Plan (HMBP)
Plant nurseries that store hazardous materials at or above 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of a compressed gas must submit and maintain a Hazardous Materials Business Plan (HMBP) in the California Environmental Reporting System (CERS). Materials such as fertilizers, pesticides, herbicides, regulated soil amendments, fuels, and propane cylinders may meet these thresholds. HMBPs must be submitted within 30 days of beginning operations involving hazardous materials. Access CERS at https://cers.calepa.ca.gov.
Universal and Hazardous Waste Management
Nurseries may generate universal and hazardous wastes such as leftover or expired fertilizers, pesticides, herbicides, contaminated soils, cleaning chemicals, batteries, and other ignitable, corrosive, or toxic materials. All such wastes must be properly identified and managed in accordance with federal, state, and local regulations. Guidance on universal waste is available at https://dtsc.ca.gow/universalwaste/ and hazardous waste generator requirements at https://dtsc.ca.go generators/.
For questions or clarifications, please contact our Department at (559) 584-1411 or email Lindsay Hullinger at Lindsay.hull .US.
Thank you,
Lindsay Hullinger, MRC, REHS
Office Hours: Mon.-Fri.: 8:30 AM - 5:00 PM
Kings County Department of Public Health
(559) 584-1411
460 Kings County Dr., Suite 102, Hanford, CA 93230
Kings Counts
[email protected]
www.kcdph.com
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"If we intend to provide a better life, and a better world, for future generations, we cannot ignore the quality of the environment we leave them." - J. Kasich
•
2 KINGS COUNTY FIRE DEPARTMENT
Community Risk Reduction Bureau
Education-Engineering-Enforcement FIRE
Fire Chief John Chamberlin
Battalion Chief John Wilson, Fire Marshal
RESCUE
FIRE DEPARTMENT COMMENT SHEET
Project Name: Plant Nursery
Project Number: Conditional Use Permit 26-02
Address: 1133 Chittenden Avenue, Corcoran, CA. APN:032-041-014 The Fire Department requires a supply of firefighting water available in a storage tank on the site. The amount of water required will be in accordance with NFPA 1142, and is dependent on building volume, construction type, and exact use.
See Attachment for instructions on storage tank fire suppression requirements.
See Attachment for instructions on swimming pool fire suppression requirements.
Spacing for fire hydrants shall be no more than 500 feet.
No structure shall be more than feet from a fire hydrant.
Fire hydrants shall have two, two and one half inch outlets and one four and one half inch outlet.
Outlets shall be equipped with national hose standard thread. All outlets shall be provided with caps to prevent debris from accumulating within the hydrant.
Fire hydrants shall have a minimum of 36 inches of clear space around the hydrant and shall be a minimum of 6 inches above grade.
Fire hydrants or water tank, and roads of an all weather surface capable of supporting heavy fire apparatus, shall be in place before combustible construction materials begin to accumulate.
All weather access roads capable of supporting heavy fire apparatus, of not less than twenty feet width and thirteen feet six inches of vertical clearance, must be provided. Roads must comply with the California Fire Code.
A 2A/10BC fire extinguisher is required to be located in plain sight not more than 75 feet from any point in the structure. The location of fire extinguishers must be easily accessible, be easily visible, and be near entrances or exit doors. All extinguishers shall be mounted to walls or columns with securely fastened hangers so that the weight of the extinguisher is adequately supported, and at a height compliant with the California Fire Code. Additional extinguishers may be required based upon special hazards or conditions.
Promote, Preserve and Protect Public Safety
V Employees should be familiar with the use of fire safety equipment. • A set of building plans must be reviewed by the Kings County Fire Department.
The plot plan is inadequate to make a determination and the applicant should meet with th Cings County Fire Department for further information
• The fire protection system, if provided, must be up to date on required inspections and tests and be approved by the Kings County Fire Department.
V All plans shall comply with the Califormia Fire Code and all regulations of the Kings County Fire Department.
Building must meet CFC requirements for emergency responder radio coverage CFC 510.1)
Property must be equipped with a Knox Box for Fire Department access.
V Adjustment shall not interfere with fire department access. No structure or future structure shall be farther than 150 feet from fire apparatus access. Access roads and adequate turnaround provisions shall be provided if fire apparatus access distance is exceeded. / Address identification required per Section 505.1 of the CFC.
Any future development must comply with applicable Fire Code, including rural firefighting water supply requirements.
• Other specifically:
Knox Box(es) shall be provided if to access the sites requires going through a locked gate.
John Wilson Battalion Chief/Fire Marshal
Name Title
06/03/2026
Date
Promote, Preserve and Protect Public Safety
Chairperson Planning Commission
Karl Kassner Community
Developmen
Vice-Chairperson Department
Kaitlyn Frazier
CORCORA (559) 992-2151
Commissioners FAX (559) 992-2348
David Bega
Janet Watkins 832 Whitley Avenue, Corcoran Planning
Karen Frey CALIFORNIA 93212 Commission
Executive Secretary
Kevin J. Tromborg
SPECIAL PUBLIC HEARING, STAFF REPORT
Item # 5.1
To: Planning Commission
From: Kevin J. Tromborg, Community Development Director, Planner, Building Official.
Date: June 15, 2026
General Information:_Conditional Use Permit 26-02, Resolution 2026-06: Regarding an application for a Plant Nursery (Corcoran Roots). The Plant Nursery (Corcoran Roots) is located at 1133Chittenden Avenue, Corcoran, CA 93212.
Owner and Address: Scott Garcia
1126 King Avenue
Corcoran, CA, 93212
2. Applicant and Address: Bianca Gonzalez
1133 Chittenden Avenue
Corcoran, CA, 93212
Site Location: 1133 Chittenden Avenue
Corcoran, CA, 93212
Property Description: Plant Nursery (Corcoran Roots)
5. Site Area: Approx.: 35,708 Sq it Lot. Parcel: 3,500 Sq Ft.
General Plan Designation: Downtown Commercial
Current Zone Classification: CD: Downtown Commercial
8. Existing Use: Vacant
Proposed Use: Plant Nursery (Corcoran Roots)
A. Project Location & Description: 1133 Chittenden Avenue
SURROUNDING ZONING AND USES
USE ZONING
NORTH: Commercial Downtown:
SOUTH: Commercial Downtown:
EAST: Commercial Downtown:
WEST: Commercial Downtown:
ALL BUSINESS IN THE (CD) DOWNTOWN COMMERCIAL
ZONE DISTRICT SHALL BE SUBJECT TO ALL STANDARDS THAT MAY BE
REQUIRED
C. Compliance with General Plan and Zoning: A Plant Nursery is an allowable use for the CD Downtown Commercial zone with an approved CUP.
D. Public Input:
A memorandum for comments was sent to all appropriate City Departments and outside State and County agencies, and to the property owners within the required 300 Ft. radius of the proposed project on May 21, 2026. Additionally, a notice of public hearing was published in the Corcoran Journal on May 28, 2026. The Public Hearing was also posted at the front Counter and front door of City Hall and outside the Corcoran Council Chambers and on the City of Corcoran Web-site.
E. Comments from Other Agencies/Departments:
Referrals for comments that were made to the City Departments and other agencies have been incorporated in this report in the form of comments or findings.
F. Environmental Impact Assessment and compliance with CEQA The proposed use is not subject to the California Environmental Quality Act (CEQA) based on Categorical Exemption 15300.1, Ministerial projects. And 15301, Class 1, Existing Facilities.
Recommendation:
After the staff report is given and oral and written testimony is considered, and after Planning Commission discussion, staff's recommendation to the Planning Commission is that the proposed project, CUP 26-02 and resolution 2026-06 be approved with the listed J. CONDITIONAL USE PERMIT FINDINGS AND REORIMENTS
The following findings are proposed:
(A) The project is exempt under CEQA (15300.1 ministerial) and 15301 Class 1, Existing Facilities
(B) That all agencies and departments that have authority or interest in the project were notified
(C) That a Public Hearing notice was published in the Corcoran Journal with today's date and time regarding this proposed CUP.
(D) That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the Corcoran Municipal Code, Ordinances, Standards or State and Federal Codes of regulations to adjust said use with land and use in the designated zone or neighborhood.
(E) That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
(F) That the proposed use will have no adverse effects upon adjoining or other properties in the vicinity. In making this determination, the Commission or Council shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal Circulation, external circulation, setbacks; heights of buildings or structures; wall or fences; landscaping; outdoor lighting; signs; and any other characteristics that will affect the property or properties in the vicinity. (G) That the proposed use is consistent with the objectives and policies of the Corcoran General Plan, or any specific plans, or planned development approved by the City. (H) That the proposed site for development has adequate public services, or will be provided with adequate public services to accommodate proposed land use. (I) That all requirements of the Kings County Health Department are complied with (See attached)
(J) That all requirements of the Kings County Fire Department are complied with (See attached)
CONDITIONAL USE PERMIT-ACTION BY THE PLANNING COMMISSION (from Zoning Ordinance Section 11-23-4)
The Planning Commission, by written resolution, may approve, approve with conditions, disapprove, or disapprove without prejudice a conditional use permit application.
The decision of the Planning Commission shall be final unless appealed to the City Council in accordance with the procedure outlined below. (In this case, if the Conditional Use Permit is approved by Planning Commission, then, because this requires a letter of public convenience and necessity trom the City Council, the request will also go to the City Council).
No building permit or business license shall be issued where a conditional use permit has been approved or conditionally approved by the Planning Commission until such permit has been granted by the Planning Commission and after the appeal period has expired, and then only in accordance with the terms and conditions of the conditional use permit granted and only if the approval or conditional approval of the conditional use permit by the Planning Commission has not been appealed to the City Council.
CONDITIONAL USE PERMIT-APPEAL TO THE CITY COUNCIL (Section 11-27) In case the applicant or any other party is not satisfied with the action of the Planning Commission he may, within ten days after the date of the adoption of the Planning Commission resolution, file in writing with the City Clerk an appeal to the City Council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission, or whereby its decision is not supported by the evidence in the record.
The City Council shall set a date for the public hearing and shall post notices as set forth in Section 11-27. The date for the public hearing shall not be less than ten nor more than thirty days from the date on which the appeal was filed.
By resolution, the City Council may affirm, reverse or modify a decision of the Planning Commission, providing that the City Council makes the findings prerequisite to the granting of a conditional use permit as required in Section 11-27.
The decision of the City Council shall be final and shall have immediate effect. 11-27 (G) 1 TIME LIMIT FOR DEVELOPMENT-RENEWAL RESTRICTIONS (Zoning Ordinance Section 11-25-5)
conditional use permit became effective unless by conditions of the conditional use permit a lesser or greater time is prescribed, or unless, prior to the expiration, either the use is being diligently pursued in accordance with the conditional use permit, or a building permit is issued by the Building Official and construction is commenced and is being diligently pursued in accordance with the conditional use permit. A conditional use permit may be renewed for an an application for renewal is filed with the Planning Commission prior to the expiration of the time period granted. The Planning Commission, pursuant to the procedure set forth in Section 11-25-5, may grant or deny an application for renewal.
A conditional use permit shall lapse and become void if there is discontinuance for a continuous period of six months of the exercise of rights granted under said permit.
NEW APPLICATION
Should the Planning Commission deny an application for a use permit, no application for a use permit for the same or substantially the same use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the use permit, except when the Planning Commission denies "without prejudice".
USE PERMIT TO RUN WITH THE LAND
A use permit granted pursuant to the provisions of this Chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.
Any expansion of the use or structures or area associated with such use not originally approved in the conditional use permit shall require a modification to the conditional use permit through the public hearing process.
REVOCATION 11-25-6
Upon violation of any applicable provisions of this Code, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible tor noncompliance by the Planning Department. Within thirty (30) days of the suspension, the City Council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the City Council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions. Before acting on the suspension, the City Council may refer the matter to the Planning Commission for a report and recommendations.
CORCORAN CITY PLANNING COMMISSION
RESOLUTION NO. 2026-06
PERTAINING TO
CONDITIONAL USE PERMIT 26-02
At a meeting of the Planning Commission of the City of Corcoran duly called and held on, June 15, 2026, the Commission approved the following:
Whereas, Bianca Gonzalez, submitted an application requesting approval for a Conditional Use Permit for a Plant Nursery business; and
Whereas, the business will be located at 1133 Chittenden Avenue, Corcoran, CA 93212; and Whereas, the location of the business is in the Downtown Commercial Zone (CD); and Whereas, a plant Nursery requires a conditional use permit to operate in the (CD) zone; and Whereas, currently there is no plant nursery located within the city; and Whereas, this Commission considered the staff report and requirements on June 15, 2026; and Whereas, the Planning Commission has made the following findings pursuant to the City of Corcoran Zoning Ordinance
(A) The project is exempt under CEQA (15300.1 ministerial) and 15301 Class 1 Existing building.
(B) That all agencies and departments that have authority or interest in the project were notified (C) That a Public Hearing notice was published in the Corcoran Journal with today's date and time regarding this proposed CUP.
(D) That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the Corcoran Municipal Code, Ordinances, Standards or State and Federal Codes of regulations to adjust said use with land and use in the designated zone or neighborhood.
(E) That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
(F) That the proposed use will have no adverse effects upon adjoining or other properties in the vicinity. In making this determination, the Commission or Council shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal Circulation, external circulation, setbacks; heights of buildings or structures; wall or fences; landscaping; outdoor lighting; signs; and any other characteristics that will affect the property or properties in the vicinity.
(G) That the proposed use is consistent with the objectives and policies of the Corcoran General Plan, or any specific plans, or planned development approved by the city. (H) That all requirements from the Kings County Fire Department be complied with. (I) That all the requirements from Kings County Environmental Health be complied with. (J) That all regulations set forth by the Corcoran Police Department be complied with. (K) That all regulations and codes of the 2025 Title 24 California Building Codes of Regulations be complied with
That all ch as Dep stored and accordance unith the Depaulations of Kings County IT IS THEREFORE RESOLVED that Conditional Use Permit 26-02 should be approved with the Conditions stated in the Staff Report and Resolution 2026-06 AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted this 15th day of June 2026
Planning Commission Chairman
Community Development Director
CERTIFICATE
City of Corcoran
County of Kings } ss.
State of California }
I, Joanna Castro, Planning Commission Secretary of the City of Corcoran, hereby certify that this is a full, true, and correct copy of Resolution No. 2026-06, duly passed by the Planning Commission of the City of Corcoran at a regular meeting thereof held on the 15th day of June 2026, by the vote a set forth therein.
DATED:
Joanna Castro
Planning Commission Secretary
ATTEST:
Marlene Spain, City Clerk
WOOD
-FENCE
M RICHARD'S
CHEVROLET
SERVICE
WOOD AREA
- FENCE
CHAIN LINK→
FENCE 165'
ALLEY
STORAGE
WILLSCOT
OUT DOOR
STORAGE
PLANT
AREA BUILDING
25'
INDOOR
PLANT
14'
45' AREA
24'
SIDEWALK
CHITTENDEN AVE. — N
SITE PLAN
City of
CORCORAN
FOUNDED 1914
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
June 23, 2025
ITEM # 6-F
FROM: Kevin J. Tromborg, Community Development Director SUBJECT: Professional Service Agreement for Housing Program Administration with Self Help Enterprise
Recommendation: (Voice Vote) Staff recommends the City Council consider approval of the Professional Service Agreement for Housing Program Administration with Self Help Enterprises.
Discussion: The City of Corcoran first entered into service agreements with Self Help Enterprises (SHE) in 2008 for the administering of our First Time Buyers program and the Housing Rehabilitation program. Prior to this, the city administered the programs in house. The cost to the city for employees and staff time proved to far exceed the 10% allowed for loan administration by Housing and Community Development of the State of California (HCD) for each grant.
SHE has proven to be a valuable partner with the city in administering the grants, qualifying potential loan recipients and construction management of the rehabilitation. The City's Community Development Department administers the loan monitoring service once the loans for the programs have been completed.
Attachment:
1. Professional Service Agreement
City Offices
832 Whitley * Corcoran, CA 93212 * Phone 559-992-2151 www.cityofcorcoran.ca.gov City of Corcoran
Professional Services Agreement for Housing Program Administration with Self-Help Enterprises
THIS AGREEMENT is made and entered into this 3rd day of_March, 2025, by and Been to a Cry . and Ser Help Enterprises, cal tria nonpro if corporation, hereineer WHEREAS, CITY has been awarded a total of $2,000,000 grant from the State of California Department of Housing and Community Development, hereinafter called "HCD," to assist low income persons to rehabilitate their homes and/or for first-time homebuyer assistance, said grant being a CalHome Program grant; and
WHEREAS, CITY may from time to time apply for or receive funding through State and Federal housing programs administered by HCD, including but not limited to the CalHome Program, Community Development Block Grant ("CDBG") Program, HOME Investment Partnerships ("HOME") Program, and Permanent Local Housing Allocation ("PLHA") Program, for the purpose of providing housing-related services to eligible households, as authorized by CITY through approved scopes of work, budgets, amendments, or task orders; and HEREAS, SHE was incorporated for the purpose of promoting better living condition:
for low income persons through the development of new housing and related communit facilities and through the purchase and/or repair and rehabilitation of existing housing rovide housing or gram administration, implemen rial elia ended relise pression services for HCD-funded housing activities; and
WHEREAS, CITY desires to retain SHE to provide professional services in connection with the administration and implementation of eligible housing program activities authorized by CITY.
THEREFORE, it is agreed as follows:
IYPE OF AGREEMENT:
SHE RESPONSIBILITY: Funding Application and Program Development Services:
SHE shall prepare such applications as may be mutually agreed upon by CITY and SHE, based on the maximum funding amounts allowed under applicable Notices of Funding Availability 1 ("'NOFAs") and program requirements established by HCD and CITY.
SHE RESPONSIBILITY - HOUSING ACTIVITY IMPLEMENTATION:
SHE shall assist eligible households and housing units within the applicable program service adop in ay CITY, in viding the following a ticsdelines, funding requirements, and policies
1. Provide outreach services to ensure community awareness and encourage participation of eligible applicants;
• Determine eligibility of applicants; an
. Provide homebuyer education for qualified applicants
accordance with program guidelines.
b. Loan/Grant Packaging:
c. Construction Monitoring:
1. Inspect applicants' homes, recommend type of work to be acomplish that prepare work write-ups and necessary plans to
2. Assist owners to obtain bids from, and select, qualified contractors to perform CITY-authorized rehabilitation work;
3. Monitor the work of authorized contractors and subcontractors and verify completion of work prior to payment; and
4. Assist owners to secure labor and material repairs from contractor responsible for construction defects for one year from date of recorded Notice of Completion.
5. SHE shall not be responsible for construction means, methods, techniques, sequences, site safety, contractor performance, latent defects, or warranty obligations of contractors or subcontractors. 2 d. Administration:
. Prepare and submit to CITY reports necessary to comply with HC
3. a. Review and approve loan document packages for applicants who are determined by SHE to be qualified for rehabilitation services in accordance with program to ensure compliance with the terms of this Agreement.
COMPENSATION:
of 23-CALHOME-18020 services from City Funds.
c. CITY shall pay to SHE a sum not to exceed $90,750 for General Administration and consistent with applicable HCD program requirements. Any additional fund nade available to the applicable program shall be expended for housing 3 g. SHE shall not be required to perform services beyond the approved budget or authorized scope of work unless approved in writing by the parties. h. Revisions:
1) Monetary revisions that do not exceed 10% of each total negotiated budget may be approved by the City Manager upon written 2) Monetary revisions that exceed 10% shall require an amendment to his Agreement
3) Transfer of funds between activities can be approved by CITY Staff after notification to HCD, if necessary, and does not require an amendment to this agreement.
METHOD OF PAYMENT:
CITY shall compensate SHE for services performed under this Agreement in accordance with the approved budget and applicable program requirements, as follows:
a. Charges for General Administration funded with City funds shall be billed based on actual time incurred by SHE staff in accordance with the hourly rates and fee schedule set forth in Exhibit B, unless otherwise approved by CITY.
b. Charges for Activity Delivery services funded through the CalHome Program shall be billed based on actual time incurred and reimbursable costs in accordance with the fee schedule and budget set forth in Exhibit B. Eligible Activity Delivery services may include, but are not limited to, loan processing, underwriting, document preparation, loan servicing coordination, notary services, project bidding assistance, contractor selection assistance, project closeout, loan origination, scope of work inspections, work write-ups and specifications, progress inspections, construction monitoring, labor standards compliance, environmental review coordination, and construction payout processing. c. SHE shall submit invoices to CITY no later than thirty (30) days following the end of each billing period, together with supporting documentation reasonably required by CITY or HCD, including timesheets and related backup documentation for billed
6. INSPECTION AND AUDIT:
* Cuporay inspect all top find pedoy and to s ause to be audited invoices and 4 RECORD RETENTION:
SHE shall establish and maintain all records required by applicable HCD program b. SHE shall retain all project and financial records related to this Agreement for a minimum of five (5) years following closeout of the applicable program, or longer if required by applicable law, audit resolution, litigation hold, or HCD c. CITY, HCD, the California State Auditor, and other authorized representatives shall have reasonable access to such records for monitoring and audit purposes
8. INSURANCE AND HOLD HARMLESS:
a. Insurance requirements shall be set forth in Exhibit E attached hereto and incorporated herein by reference.
To the extent permitted by law, CITY shall defend, indemnify, and hold harmless SHE, its agents, officers, and employees from and against all claims, damages, osses, judgments, liabilities, expenses, and other costs including litigation cost nd attorney's fees arising out of or resulting from the active negligence c wrongful acts of CITY, its officers, or employees, arising out of CITY's performance of this Agreement.
9. RELATIONSHIP OF PARTIES:
SHE shall perform services under this Agreement as an independent contractor.
CITY shall not control the manner or method by which SHE performs services, c.
d.
10. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS:
alHome Program including the statutes, rules, guidelines and duly adopte policies and procedures of the Stat peraining thereto. Sec Exhibit A, Scat 5 All applicable laws, ordinances and codes of CITY and the State of California
11. CONFLICT OF INTEREST
SHE shall maintain written standards of conduct governing conflicts of interest and organizational conflicts relating to activities performed under this Agreement. b. SHE shall disclose any actual or potential conflicts of interest arising during the c. Conflict of Interest disclosures shall be completed in the form attached as Exhibit F.
FORCE MAJEURE:
Neither CITY nor SHE shall be deemed to be in default if performance of the services required by this contract is delayed or becomes impossible because of any act of God, war, earthquake, fire, civil commotion, epidemic, act of government, its agencies or officers, court order, or any other legitimate cause beyond the control of the party and not caused by the negligent,
13. CONFIDENTIALITY:
SHE and CITY acknowledge that administration of housing programs may involve access to confidential applicant and financial information.
Each party agrees to protect confidential information and use such information solely for purposes related to administration of the program activities under this Agreement.
c. Disclosure of confidential information shall occur only as required by law or applicable HCD program requirements.
14. TERM OF CONTRACT:
a. This Agreement shall remain in effect until completion and closeout of authorized program activities unless earlier terminated in accordance with this Agreement. b. Funding of any programs, projects or services beyond the term of this Agreement, by any new contract or amendment or extension of this Agreement, have not been authorized and will depend upon the satisfactory performance of this Agreement by SHE and upon the availability to CITY of additional grant funds allocated for such purposes; and neither CITY nor any employee of CITY has made any promise or commitment, expressed or implied, that any additional funds will be aid or made available to SHE for the purpose of this Agreement over and abov the funds expressly allocated under the terms of this Agreement. c. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors, survivors, and assigns. 6 15. TERMINATION:
This Agreement may be terminated by either party by giving thirty (30) days prior written notice to the other. Any funds advanced by CITY to SHE and no materially expended by SHE shall be returned to CITY within thirty (30) days after termination. Any funds due SHE will be forwarded by CITY to SHE. CITY b.
1) An illegal or improper use of funds by SHE
2) SHE fails to comply with any material term or condition of thi Agreement;
(3) SHE improperly performs any of the services required pursuant to this
16. EXHIBITS:
The following exhibits are attached hereto and incorporated herein by reference:
• Exhibit A - HCD Standard Agreement
• Exhibit B - Fee Schedule and Budget
: Exhibit E - Insurance Requirements
Exhibit F - Conflict of Interest Disclosure Form
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.
7 CITY OF CORCORAN SELF-HELP ENTERPRISES
Gregory Gatzka Thomas J. Collishav
City Manager President/CEO
EXHIBIT A
HCD-GRANTEE STANDARD AGREEMENT
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SCO ID:
SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable) STO 213 (Rev. 04/2020) 23-CALHOME-18020
1. This Agreement is entered into between the Contracting Agency and the Contractor named below.
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Corcoran
2. The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
42 Months from Date of Execution
3. The maximum amount of this Agreement is:
$1,000,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreemert.
EXHIBITS TITLE PAGES
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of Califomia General Terms and Conditions GTC - 04/2017 Exhibit D CalHome Program Terms and Conditions
Exhibit E Program-Specific Provisions and Special Conditions TOTAL NUMBER OF PAGES ATTACHED 32
Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership.etc.) City of Corcoran
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
See Attached See Altached See Attached See Attached
PRINTED NAME OF PERSON SIGNING TITLE
See Attached See Altached
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
See Attached See Attached
STATE OF CALIFORNIA •
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave., Suite 130 Sacramento 95833
PRINTED NAME OF PERSON SIGNING TITLE
Crystal Alvarez Contract Services Section
Manager
:ONTRACTING AGENCY AUTHORIZED SIGNATURI DATE SIGNED
Crystal Alvard Department of General Services Approval (or exampion, if applicatie) 05/17/2024 Exempt per. SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981) STATE OF CALIFORNIA City of Corcoran
STANDARD AGREEMENT 23-CALHOME-18020
STD 213 (Rov. 06/03) Page 2 of 2
CONTRACTOR
City of Corcoran
a Califemlarmunicipal corporation
Data: S-1-24
Greg Gatzka
City Manager
Address:
832 Whittey Avenue
Corcoran, CA 93212
City of Corcoran
23-CALHOME-18020
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
Authority
This Standard Agreement along with all its exhibits (hereinafter collectively "the Agreement") is being entered into pursuant to the CalHome Program (the "Program") Chapter 6 of Part 2 of Division 31 of the Health and Safety Code, commencing with section 50650 (the "Statute")), and the CalHome Program Final Guidelines, as found on HCD's website, dated December 30,2022, as amended and in effect from time to time, Chapter 365, Statues 2017 (SB 3), adopted by voters on November 6, 2018, as Proposition 1, provides additional funding and authority for CalHome. Health & Safety Code, section 54014, subdivision (b) gives HCD authority to implement Proposition 1 funds by utilizing Guidelines. Pursuant to subdivision (b), such Guidelines are exempted from the requirements of the California Administrative Procedures Act (Chapter 3.5 of Part 1 of Division 3 of Title 2, commencing with § 11340 of the Government Code) and pursuant thereto, the CalHome Guidelines were adopted. In addition, Chapter 159, Statutes of 2019, Section 34 (Assembly Bill [AB] 101), effective June 27, 2019, allows CalHome funds to serve households that are victims of a disaster up to 120 percent of Area Median Income (AMI). AB 101 also allows the CalHome Program to fund the construction, repair, reconstruction, or rehabilitation of Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs).
The Guidelines were amended on December 30, 2022 to implement Assembly Bill (AB) 434 (Chapter 192, Statutes of 2020), which amended H.S.C. §50517.5. AB 434 required the Department to harmonize the Joe Serna, Jr. Farmworker Housing Grant Program (the "Serna Program") with the CalHome Program in the following two respects:
A. This Standard Agreement is entered pursuant to and in furtherance of the In accepting this conditional reservation of funds, the Recipient agrees to comply with the terms and conditions of this Agreement, the NOFA under which the This tuning allocation (he pication) and the requirements of pelication for authorities cited above.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
• City of Corcoran
23-CALHOME-18020
EXHIBIT A
Purpose
The purpose of the CalHome Program is to support homeownership programs aimed al Low and Very Low-Income Households to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize use of existing homes.
Where a state of emergency is declared in the county under Gov. Code section 8625 resulting from a disaster, as defined in Gov. Code section 8680.3, or where there has been a special appropriation of federal emergency supplemental assistance for the county or a presidential declaration of disaster for the county, households at or below 120 percent of AMI which have suffered destruction or loss as a result of the disaster may be assisted with CalHome funds by nonprofit corporations and local governments.
The Statute, Guidelines, and Agreement, in effect and as amended from time to time, shall collectively be referred to as the "Program Requirements." The Work (as hereinafter defined) authorized by this Agreement shall be performed according to the Program Requirements.
Definitions
Any terms in this Agreement which are not otherwise defined shall have the meaning set forth in Guidelines Appendix A.
4. Scope of Work
A. The Recipient shall perform the Scope of Work ("Work") as described in the Application, which is on file at the Department of Housing and Community Development, Division of Financial Assistance, 2020 West El Camino Avenue, Sacramento, California 95833, and which is incorporated herein by reference. All B. In the event of a conflict between the description of the Work in the application reserves the right to review and approve all Work to be performed by the Recipient in relation to this Agreement. Any proposed amendment to the Work must be submitted in writing for review and approval by the Department. Any approval shall not be presumed unless such approval is made by the Department HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT A
The Work for this Agreement shall consist of one or more of the following activities, undertaken by or on behalf of the Recipient, within the Program Project 1) Homeownership Project Development Loans:
lomeownership Project Development Loans ("Project Loans") (commencing with Guidelines § 400) for conditional awards of development loans to the Recipient to be used for land acquisition, predevelopment costs, and on-site improvements. Project Loans shall convert to grants once the homes are built, and mortgage assistance is provided to each household. Any remaining Project Loan amount not used 2) Technical Assistance for Self-Help Housing Projects:
Technical Assistance for Self-Help Housing Projects (SHTA), which will aid eligible households in carrying out owner-builder housing efforts, including construction training and supervision.
3) Mortgage Assistance:
First Time Homebuyer Mortgage Assistance Program (MA) shall consist of providing Mortgage Assistance loans to households at or below 80 percent of AMI CalHome funds, for the purpose of this activity, can only be used as defined in guidelines section 402.
4) Owner-Occupied Rehabilitation:
Owner-Occupied Rehabilitation Assistance (OOR) shall consist of loans to households at or below 80 percent of AMI. Manufactured Housing is eligible, including replacement of a manufactured home pursuant to guidelines section 403.2, subdivision (e), whether located in Mobilehome Park or elsewhere. The repair, full reconstruction, or the addition of an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) is also eligible. Callome funds, for the purpose of this activity, can only be used as defined in Guidelines section 403.
Technical Assistance for Shared Housing Programs:
Technical Assistance for Shared Housing Programs (SHP) funds the provision of services required to match a homeowner provider with a seeker.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT A
6) Accessory Dwelling Units and Junior Accessory Dwelling Units Programs:
ADU/JADU Programs (commencing with CalHome Program Guidelines section 405) for gap loans for ADU/JADU construction, reconstruction, repair, or rehabilitation to households at or below 80 percent of AMI. 7) 120 Percent of AMI Activities:
Any of the foregoing activities may be operated and provided to households up to moderate incomes where the conditions of Health & Safety Code, section 50650.3, subdivision (g) are met. To qualify, a Household must be a victim of a disaster and must be located in a county where one of the following has occurred:
(a) The Governor has proclaimed a state of emergency, pursuant to Section 8625 of the Government Code, resulting from a disaster, as defined in Section 8680.3 of the Government Code.
(b) A special appropriation of federal emergency supplemental as instance or a presidential declaration of disaster has occurred.
Activity Delivery Fees
The maximum amount of Activity Delivery Fees (ADF) that may be drawn for each specific activity shall be set by the Department.
A.
program development expenses, and up to 5 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 5 percent of the total award divided by the estimated number of Loans to be Owner-Occupied Rehabilitation Loans: The Department may provide funding to cover ADFs of up to 20 percent of the total award. Up to 10 percent of the tota award allocatable to the owner-occupied rehabilitation activity may be providec within 90 days after the execution of the Standard Agreement for program made under the contract.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT A
ADU/JADU Loans: The Department may provide funding to cover ADFs of up to 20 percent of the total award. Up to 10 percent of the total award allocatable to the ADU/JADU loan may be provided within 90 days after the execution of the Standard Agreement for program development expenses, and up to 10 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 10 percent of the total award divided by the estimated number of Loans to be made under the contract.
Department Contract Coordinator
The coordinator of this Agreement for the Department is the CalHome State Grant Management Manager, or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be emailed to [email protected].
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Budget Detail
A. Recipient has received an awarded for the grant or loan activities described in B. For the purposes of performing the Work described in this Agreement, the Department agrees to provide the aggregate amount identified on page 1, number 3 of this Agreement (STD 213) in the form of a grant ("Grant") or, in the case of a Homeownership Development Loan, a Project Loan, for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for Work in excess of this Agreement amount, or for any unauthorized or ineligible costs as set forth in the Program Requirements.
Conditions of Disbursement
A. Funds are not obligated to a Borrower prior to the date this Standard Agreement is fully executed by both the Recipient and the Department. Funds will be released only after the Standard Agreement is fully executed by both the Recipient and the Department, and after the Department has reviewed and approved in writing the following Recipient submissions:
1) Loan servicing plan in compliance with Guidelines section 206. 2) The Recipient shall submit its own Program guidelines for review and approval by the Department for each funded activity identified in Exhibit E and in compliance with Guidelines section 204. These Program guidelines, at a minimum, shall include:
(a) Participant eligibility requirements;
(b)
(c) Underwriting requirements including maximum Loan-to-Value limits and debt to income ratio's:
(d)
(e)
(g)
(h)
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT B
3) Loan document templates.
separately maintained Reuse Account.
Fully executed 20-year Monitoring Agreement between the Recipient and the Department, as described in the 2022 CalHome Guidelines.
Third party contracts for the administration of any of the above functions shall require the Recipient to submit copies of the proposed contract prior to execution (including future amendments) to be reviewed and accepted by the Department.
7) If applicable, a limited waiver of sovereign immunity and consent to jurisdiction and venue by the Tribal Entity Recipient. This limited waiver shall be strictly construed and limited to the enforcement of this Agreement and Program Requirements and shall not operate as a general waiver of tribal sovereign immunity.
Payment Provisions
A. Prior to requesting any funds, the Recipient shall submit the following:
Payee Data Record STD 204 or TIN Form (as applicable).
B. Funds may be requested as either a reimbursement or as an advance pursuant to Guidelines section 601 and as described in the NOFA under which these funds were awarded. Advances may include, but are not limited to, any of the following:
1) Homeownership Project Development Loan disbursements. 2) Advances of up to 25 percent of the award for either Self-Help or Shared Housing Technical Assistance.
Advances of up to 25 percent of the award for Owner-Occupied Rehabilitation or ADU/JADU Programs up to the Recipient's anticipated volume of closed Loans for the following 60-day period; and, Advances of up to 25 percent of the award to escrow for Mortgage Assistance Loans.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT B
C. All Recipients shall reconcile any and all advances within 90 days.
Documentation showing at least two-thirds of the funds previously released for the Work were expended shall be submitted to the Department before another advance request is processed.
D. Recipients shall also consistently complete quarterly and annual performance reports and up to date submissions as required before another advance request is processed.
E. The Department shall not authorize payments unless it determines, in its sole discretion, that the Program funds shall be expended and disbursed in compliance with the terms and conditions of the Program Requirements, and, if applicable, a Development Agreement.
The Department reserves the right to request copies of any documentation at an ime prior to, or after the processing of any draw reques G. All funds requests whether advance or reimbursement must be requested on a form provided by the Department and accompanied by the required supporting documentation.
Performance Deadlines
In addition to any other deadlines contained herein, Recipient shall fully and timely observe and satisfy all deadlines and time requirements set forth in Exhibit E Paragraph 2 of this Agreement. Time is of the essence in this agreement and Recipient agrees to use all due diligence to have all the Work specified in this Agreement entirely completed on or before the dates set forth in this Agreement.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
CALHOME PROGRAM TERMS AND CONDITIONS
Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative's signature on page one of the fully executed Standard Agreement, STD 213, (the "Effective Date").
The Recipient agrees that Work shall not commence, nor any costs to be paid with CalHome funds be incurred, or obligated, by any party prior to execution of this Agreement by the Department, completion of all required environmental clearances, and compliance with the applicable conditions of this Agreement.
Notwithstanding the foregoing, a Tribal Entity Applicant that applies for funds for a CalHome Project located within Indian Country, may be eligible for reimbursement for administrative expenses incurred prior to the execution of this Agreement for compliance with the National Environmental Policy Act (NEPA).
C. The Recipient agrees that the Work shall be completed in accordance with the dates specified in Exhibit E, paragraph 2.
ni l Sufficiency Funding
A. This Agreement is valid and enforceable only if sufficient funds are made available to the Department for the purposes of the CalHome Program and such funds shall be disbursed in accordance with the CalHome program as determined by the Department in its sole and absolute discretion. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State Legislature, promulgated in state regulations, guidelines, or any state statute which may affect the provisions, terms, or funding of this Agreement in any manner.
The parties to this Agreement mutually agree that if the State Legislature does not appropriate sufficient funds for the for the CalHome Program to fully fund the amount set forth in this Agreement, the Department, at its sole discretion, may either amend the Agreement to reflect any reduction in funds, or it may unilaterally cancel the Agreement with fourteen (14) days written notice to the Recipient.
C. Unless otherwise approved by the Department, upon termination or cancellation of this Agreement, the Recipient shall complete all Work in progress and terminate any other activities that were to be paid for with CalHome funds. Any unexpended funds received by the Recipient shall be returned to the Department within fourteen (14) days of the Notice of Termination or Notice of Cancellation.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
Recipient's Application for Funds
A.
Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.
The Recipient hereby represents and warrants to the Department that all information, facts, assertions, representations, and warranties contained in the Application (collectively the "Representations") and approved modifications and additions thereto are true, correct, and complete to the best of Recipient's actual and constructive knowledge, both as of the date of the Application and as of the date hereof. In the event that any part of the Application, including but not limited to, the Representations and any approved modification and addition thereto is, at any time during the term of this Agreement, untrue, incorrect, incomplete, or misleading in such a manner that could reasonably affect the Department's approval, disbursement, or monitoring of the funding and the Project Loans or Grant activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. All Representations Recipient shall indefinitely survive the expiration or earlier termination of this Agreement.
C. The Department shall not be obligated to fund a CalHome loan or a grant activity unless the Recipient has complied with and satisfied all the applicable terms and conditions of the following, all in a manner satisfactory to the Department in its sole and absolute discretion, on or before the earlier of the CalHome loan closing or the execution of this Agreement:
The Program Requirements, as defined in Exhibit A.
All program legal documents including, but not limited to, this Agreement and the Monitoring Agreement; and
3) The Representations made in the Application and associated materials.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
D.
occupy, control, and manage the real property on which the Project will be ocated and to undertake all of its obligations under this Agreement. The If the Recipient is a Federally Recognized Indian Tribe or a Tribally Designated Housing Entity (TDHE) as defined at 25 U.S.C section 4103(22) or Health and Safety Code section 50104.6.5, that has entered into a ground lease with the Borrower for the right to occupy the real property where the Project is located, the Recipient shall do all things necessary to preserve and to keep in full force and effect the leasehold interest, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental, quasi-governmental, and/or tribal authority or court applicable to the Recipient and the Recipient's business or other entity subject to the Agreement.
4. Project /Program Requirements
The Recipient shall comply with the Statute, Guidelines, and other Program Requirements in accordance with the type of assistance provided.
A. Maximum Per Unit Assistance Amount
Activities assisted under this Agreement are subject to underwriting and subsidy layering requirements established by the CalHome Program for each activity.
The maximum per unit assistance amount is established in the NOFA under which the application for funding was submitted.
B. Maximum Purchase Price/After Rehabilitation Value Limits Maximum Purchase Price and After Rehabilitation Value limits shall be determined through the method described in the Guidelines based on the 302 ram or activity and not exceed the limit established in Guidelines section C. Maximum Loan-to-Value Limits
Maximum Purchase Price and After Rehabilitation Value limits shall be determined through the method described in the Guidelines based on the brogram or activity and not exceed the limit established in the Guideline by activity.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
Income Determination
Households assisted under this Agreement must have incomes determined to be at or below the federal Section 8 income limits adjusted by household size and tribal trust or restricted land, income limits must be determined in accordance with 24 C.F.R. Part 1000 et seg. and 25 U.S.C section 4103.
Activity Delivery Fees, as applicable
Activity Delivery Fees (ADF) must not to exceed the applicable limits specified in Exhibit A, paragraph 5.
Written Agreements
A. The Recipient shall enter into a Standard Agreement with the Department that shall encumber state monies sufficient to fund the Local Program or Project and shall contain specified conditions and requirements to carry out the Local Program and Projects as set forth in Section 600 (a) of these Guidelines.
The Recipient shall enter into a Monitoring Agreement with the Department requiring the parties to comply with the requirements and provisions of section 207 and 601 (b) of these Guidelines, regarding the Reuse Account.
The Recipient shall enter into a written agreement (Borrower Agreement) with any other entity or individual to which it disburses CalHome funds in accordance with Section 7 of this Agreement for purposes of carrying out the Local Program or Project. The Borrower's Agreement must be executed prior to Recipient disbursing CalHome funds to borrower.
All Agreements, Borrower Agreements, instruments, and documents executed by or entered into by the Recipients or the Borrower, where the Recipient is not the Borrower, which materially affect, as applicable, the construction, refinancing, acquisition, operation, ownership or maintenance of the Project or Program shall be subject to the written approval of the department.
E. All Agreements, Borrower Agreements, instruments, and documents, executed by or entered into by the Recipient or the Borrower where the Recipient is not the Borrower, which materially affect, as applicable, the construction, refinancing, acquisition, operation, ownership or maintenance of the Project or Program shall be in writing and be subject to the written approval of the Department.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
Security Documents and Lien Agreements
Prior to the initial disbursement of any CalHome funds encumbered by this Agreement, the documents described in this paragraph shall be entered into, executed and, where appropriate, acknowledged and recorded in accordance with applicable law. The documents described in subsections "A" through "E" shall be provided by the A. For CalHome mortgage assistance, funds shall be disbursed to Borrowers in the form of deferred payment low-interest or no interest loans. The Recipient shall ensure that all loans made by the Recipient are evidenced by a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted. or by other security approved by the Department in writing. The Recipient agrees that, prior to the disbursement of funds, all said documents shall be executed and where appropriate recorded. The documents shall include provisions necessary to ensure either that the property being assisted with CalHome funds remains affordable, or that CalHome funds are recaptured upon sale of the property or in the event the unit is no longer owner- occupied. If the Recipient is a Federally Recognized Tribe or a THE as defined herein, and the Project is located in Indian Country, notwithstanding the foregoing, the promissory note executed between the Recipient and the Borrower must be secured against the Borrower's leasehold or other legal interest in the Indian Country, through the execution and recording of Department approved security documents with the Bureau of Indian Affairs (BIA) and the County where the Project is located.
For project development loans to assist a housing project with predevelopment costs, funds are to be disbursed prior to acquisition of lots or homes by individual homeowners. The promissory note shall be executed by the Recipient in favor of the Department and secured by a blanket deed of trust executed by the fee owners) of all lots upon which the development will take place. Said deed shall be recorded in the office of the county recorder for the county in which the projec will be located and shall have priority over other liens, encumbrances, and othe the terms and confions under which the loan or lome turos is eing ma HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
If the Recipient is a Federally Recognized Tribe or a THE and the Project is execution and recording with the BIA and the County where the Project is located C. For CalHome owner-occupied rehabilitation, funds shall be disbursed to borrowers in the form of deferred payment loans. The Recipient shall ensure that all loans made by the Recipient are evidenced by a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted, or by other security approved by the Department in writing. The Recipient agrees that, prior to the disbursement of funds, all said documents shall be executed and, where appropriate, recorded. The documents shall include provisions necessary to ensure either that the property being assisted with CalHome funds remains affordable, or that CalHome funds are recaptured upon sale of the property or in the event the unit is no longer owner-occupied. If the Recipient is a Federally Recognized Tribe or a THE and the Project is located in Indian Country, notwithstanding the foregoing, the promissory note executed between the Recipient and the Borrower must be secured against the Borrower's leasehold or other legal interest in the Indian Country, through the execution and recording with the BIA and the County where the Project is located with a lawful security document approved by the Department.
D. For CalHome Shared Housing Technical Assistance and Self-Help Technical Assistance funds will be provided to the Recipient in the form of a grant.
E. The Recipient shall comply with, and fulfill its obligations under, all the applicable documents called for in this Agreement. Any breach or violation by the Recipient or Recipient's successor in interest of any provision of any of the required documents shall constitute a breach or violation of this Agreement and shall be subject to the rights and remedies provided herein and otherwise available at law or in equity.
Authorizations
Recipient represents, warrants, and covenants to the Department that the execution, delivery and performance of this Agreement and all the CalHome mandated Program documents, which include but are not limited to Standard Agreements, Borrower Agreements, and any necessary security documents, used to evidence or secure the CalHome Grant funds have been duly authorized by all necessary action by Recipient and do not conflict with, result in a violation of, or constitute a default under:
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
A. Any authorizing resolutions of the governing boards or bodies of both the Sponsor and a co-Sponsor (except where the Sponsors(s) are individuals); where Recipient is a Tribal Entity, this includes any provisions of Tribal Constitution, ordinances, law or resolutions, or articles of incorporation, by-laws, or other governing documents adopted by Recipient; or
B. Any authorizing documents, where Recipient is a Tribal Entity, which includes any provisions of the Tribal Entity's constitution, ordinance, resolutions, articles of incorporation, bylaws, or other governing documents or other laws adopted by the Tribe; or
Any law, governmental regulation, court decree, or order applicable to the Recipient or the Recipient's properties that are subject to the Borrower's agreement. The Department relies upon the Recipient to appropriately take all necessary action to validly enter into this Agreement, and all amendments thereto, as well as all separately related agreements, so to effectuate the Work as described herein.
Insurance
A. Prior to the disbursement of funds under this Agreement and thereafter during the term hereof, the Recipient shall obtain, carry, and maintain enforce, comprehensive general liability insurance in the amount not less than one million dollars ($1,000,000) for injury to or death of one person, one million dollars ($1,000,000) for injury to or death of more than one person in one accident, and adequate property damage insurance. All insurance carriers must meet the requirements of the State of California Department of Insurance.
Upon demonstration of cause satisfactory to the Department, the requirements in Paragraph 9A above may be satisfied by the Recipient providing evidence of an alternative to conventional insurance sufficient to provide equivalent protection.
10. Inspections
A. The Recipient shall inspect any Work performed hereunder to ensure the Work is being and has been performed in accordance with the applicable federal, state tribal and local requirements, any applicable construction contract, and this Agreement. The Recipient agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the construction Recipient or sub-Recipient until it is sc corrected.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
The Department reserves the right to inspect the property and site upon which the Work is being performed during construction and throughout the period of affordability. The Recipient shall include a provision permitting the Department or its agents for the right to inspect.
11. Signs
A. The Recipient may place a sign on the Property during construction that shall include the Department as one of the entities providing financing to the development.
B. During the construction period the Department may place one or more signs on the Property stating that it is providing financing for the development.
12. Reporting Requirements
A. During the term of this Agreement, and no later than 30 days after the end of each calendar quarter, the Recipient shall submit to the Department a performance report on a form provided by the Department.
During the term of this Agreement, and no later than thirty (30) days after June 30" of each year, the Recipient shall submit an annual performance repor on a form provided by the Department
C. During the term of this Agreement, the Department reserves the right to request any other information, records, forms, or reports as is necessary for the Department to measure progress, provide technical assistance, monitor reuse accounts, make adjustments to program operations, and to respond to inquiries from the California State Legislature.
D. During the term hereof Recipient will timely comply with any other auditing and reporting requirements not specifically referenced above. Failure to timely submit documents, including, but not limited to, this Agreement, the Department may withhold disbursements of CalHome funds for failure to timely submit reports.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
13. Audit/Retention and Inspection of Records
A.
B. At any time during the term of this Agreement, the Department may perform or cause to be performed, an independent financial audit of any and all phases of the Work. At the Department's request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant.
C. The audit shall be performed by a qualified State, Department, local or independent auditor. The Agreement for audit shall include a clause which permits access by the Department to the independent auditor's working papers.
D. Recipient shall adequately document each transaction to permit the determination, through an audit if requested by the Department, of the accuracy of the records and the allowability of the expenditures paid in whole or in part, with CalHome funds. If the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable expenditure shall be disallowed. The Recipient shall reimburse the Department for the amount of any disallowed expenditures of the Recipient or its agents or subcontractors. Determination by the Department of allowability of any expenditure shall be final.
E. Recipient agrees that the Department or its delegatee shall have the right to Agreement.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
14. Monitoring Agreement
Upon the Department's approval of Recipient's Loan Servicing Plan and CalHome Program Reuse Account Plan, the Recipient shall enter into the 20-year Monitoring
15. Compliance with State, Federal, and Tribal Laws, Rules, and Guidelines Recipient agrees at all times to act with respect to the CalHome Program, CalHome activities, and to use the funds committed herein in conformity with all laws applicable to the CalHome Program including, where applicable, those of the State of California, all federal laws, all local rules or ordinances, all tribal laws, all Program Requirements, including the CalHome Statutes and Guidelines. Recipient also agrees to comply with all State, Federal and Tribal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Work.
16. Disencumbrance of Funds
A. The Recipient shall repay all CalHome funding where:
Recipient fails to complete its Project by the expenditure deadline(s) in Exhibit E paragraph 2 of the Agreement; or,
Recipient, prior to the Project completion date at Exhibit E section 2, fails to expend any CalHome funds disbursed by the Department applicable to the award of CalHome funds granted herein, then the Recipient shall:
(a) repay all such disbursed CalHome funds to the Department; and, (b) forfeit and have no further rights or claim to any other remaining herein-granted CalHome award funds.
Funds authorized by this Agreement shall be disencumbered in whole or in part if funds are not expended within the time frames specified in Exhibit E.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
The Department may exercise its reasonable discretion to disencumber funds or to grant an extension of time for completion (in accordance with Guidelines Section 603, subdivision (d)). Any extensions are subject to any and all applicable encumbrances, deadlines, and limitations, including, but not limited to, tealth & Safety Code section 54006, subdivision (g). Documentation to suppor he Recipient's expenditure of funds shall be received and approved prior to the contract expiration date.
17. Change of Conditions
Notwithstanding the Department's obligations to provide payments pursuant to Exhibit B and Exhibit E hereof, the Department reserves the right to evaluate the Recipients' need for Program funds based on new information or funding sources associated with the Work. If the Department determines that the Program funds, or a portion thereof, are no longer necessary to complete the Work, the Department may reduce the amount of the grant or loan accordingly. In the event the Department determines, in its sole discretion, that the Work is no longer financially feasible, any commitment issued by the Department and this Agreement may be terminated.
18. Obligations of Recipient with Respect to Certain Third-Party Relationships The Recipient shall remain fully obligated under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Work with respect to which assistance is being provided under this Agreement. The Recipient shall comply with all requirements of the Department necessary to ensure the completion, occupancy, and use of the Work in accordance with this Agreement.
19. The Civil Rights and Age Discrimination Acts Assurances During the performance of this Agreement, where applicable, the Recipient assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by the California Fair Employment and Housing Act (Government Code, section 12990, et. seq.), the Holden Act (Health & Safety Code, section 35800, et. seq.), Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 United States Code, section 3601 et seq.) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
Notwithstanding the foregoing, a Federally Recognized Tribe or a THE Recipient may implement a preference for Indian families or tribal members in the participation or employment with respect to the CalHome program where the Local Program or Project is located within Indian Country.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
20. Displacement, Relocation, and Acquisition
Tribe or a TDHE, are mandated to comply with the relocation requirements set forth in 24 C.F.R. section 1000.14.
21. Special Conditions
The Recipient agrees to comply with all conditions of this Agreement, where applicable, including any Special Conditions set forth in Exhibit E. These conditions shall be met to the satistaction of the Department. The Recipient shall ensure that all Recipients and/or subcontractors are made aware of and agree to comply with all of the conditions of this Agreement and the applicable federal and state requirements governing the use of CalHome funds. Failure to comply with these conditions may result in cancellation of this Agreement.
22. Eligible Uses of Reuse Funds
A. Reuse funds may be retained by the Recipient. The Recipient shall be in full compliance with their approved Reuse Agreement and must be placed in an interest-bearing account.
Reuse funds must be used for eligible activities for which funds were awarded as specited in the Guidelines and any program legal documents including, but not limited to, this Agreement. The Recipient must report on the use of Reuse funds annually for a period of 20 years beginning from the Agreement expiration date as established in Exhibit E Paragraph 2 of this Agreement.
23. CalHome Predevelopment Loan Funds
A. If CalHome funds are provided to the Recipient to finance the costs of obtaining construction loan commitments, architectural plans and specifications, zoning approvals, engineering studies, and legal fees, the Recipient shall demonstrate to the satisfaction of the Department, that it has, with regard to the Project concerned, site control (evidenced by one of the documents listed in Guidelines section 400.3), a preliminary financial commitment, and a capable development team or a plan to hire a capable development team, to carry out the Calhome HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
disbursement of funds. This agreement will detail the use and repayment of funds, and other terms and conditions of the loan
24. Labor Standards/ Prevailing Wage
A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Recipient shall ensure that the requirements of Chapter 1 (commencing with section 1720) of part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. Notwithstanding the foregoing, to the extent permissible under applicable laws, rules, regulations, and guidelines, it shall not be a breach of this Agreement for a Federally Recognized Tribal Entity Recipient to implement a tribally determined prevailing wage (TDW) in accordance with 24 C.F.R. section 1000.16, and where a Tribal employment preference is given in accordance with 24 C.F.R. section 1000.52 where the Project is located within Indian Country.
B. For the purposes of this requirement, "Construction Work" includes, but is not limited to, the rehabilitation, alteration, demolition, installation, or repair done under contract and paid for, in whole or in part, through this Agreement. (Note:
For the purposes of this requirement "In Support of Construction Work" includes, but is not limited to, the work performed during the design and preconstruction phases of construction (i.e., development,) including, but not limited to, inspection and land surveying work under contract and paid for, in whole or in part, through this Agreement. Development related work "in support of construction work" such as involving the employment of trades/crafts like a field soil tester, laborer, electrical utlity lineman, tree trimmer, driver (on/off- hauling to/from construction site shall be paid prevailing wages pursuant to California Labor Code, part 7, Chapter 1.) All construction work shall be done through the use of a written contract with a property licensed building contractor, where applicable, Recipient incorporating these requirements (the "Construction Contract"). Where the construction contract will be between the Recipient and a licensed building Recipient, Recipient shall serve as the "Awarding Body." Prior to any disbursement of funds, including but not limited to the release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
C.
Recipient or TDHE, layering their IHBG allocation with the CalHome funds for the Project located within Indian Country, to implement a Tribally Determined Wage (TDW) in accordance with 24 C.F.R. section 1000.16, where Recipient complies disbursement of funds:
1) submit a copy of the duly adopted a TDW in accordance with Tribal law; 2) submit a copy of duly adopted tribal ordinance, resolution, or other document in accordance with 24 C.F.R. § 1000.16 (e) authorizing the TDW; and
submit a copy of the methodology used by the Grantee to determine the TDW and ensure that the TDW law requires the payment of not less than those wage rates the tribe determines to be prevailing.
25. Environmental Clearances
A. The Recipient shall comply with the National Environmental Policy Act (NEPA) contained in 42 USC §§ 4321-4347 and the implementing regulations at 24 C.F.R. Parts 50 and 58. No actions by any party (including the Recipient, the developer, owner, or sponsor) shall be undertaken for any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives under 24 C.F.R. § 58.22 until HUD or the Department has issued an environmental clearance.
B. The Recipient understands and agrees that this Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Department of an approval of the request for release of funds and certification from HUD or the Department under 24 C.F.R. Part 58. The provision of any funds to the project is expressly conditioned on the Department's determination to proceed with, modify or cancel the project based on the results of the environmental review.
If Recipient is a Federally Recognized Indian Tribe or a THE and the project will be located on land held in Trust by the BIA for the benefit of the Tribe, to the extent applicable, the Department will satisfy any environmental clearances pursuant to the California Environmental Quality Act.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
26. Governing Law
A. This Agreement will be governed by federal law applicable to the Department, applicable Tribal Law and, to the extent not preempted by federal law, the laws of he State of California without regard to its conflicts of law provisions. This Agreement has been accepted by the Department and the Recipient in the State Recipient agrees at all times to act with respect to, and comply with, the Conformly with al as applicaceto the Callome rogrammitted herein in C. Recipient agrees to comply with applicable federal, state, tribal laws, rules regulations, guidelines and local ordinances that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters where applicable to the Recipient and Borrower, its contractors or subcontractors, and any Loan activity, including without limitation laws applicable to the CalHome Program.
27. Vested Rights
The parties acknowledge that the rights, liens, security interests, and remedies described in or provided by this Agreement and other security documents constitute the property of the Department. Recipient covenants and agrees that it is legally precluded under the Indian Civil Rights Act, 25 U.S.C. § 1302, and other legal precedents from taking such property for a public use without just compensation or from depriving the Department of such property without due process of law or from denying them the equal protection of the laws. Generally, such property and rights, under the other legal precedents referenced, are intended to be protected and enforceable by the courts of the United States, the State of California, and the tribal courts. Specifically, such property and rights under 25 U.S.C. § 1302 are intended to be protected and enforceable by the Tribal Courts and by the courts of the United States.
28. Assignment of Agreement, Assignment of Loan Commitment A. This Agreement shall be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives. This Agreement is not assignable, either in whole or part, without the prior written approval of the Department in its sole and absolute discretion.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
B.
termination of this Agreement.
29. Litigation
A. If any provision of this Agreement, or underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain, at the Department's election, in full force and effect to the maximum extent allowed by law. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
The Recipient shall notify the Department immediately of any impending, pending, or current claim or action undertaken by or against it which affects or may affect this Agreement, the project, the Recipient, or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
30. Waiver
A. No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, and any rights, or remedies thereunder, or to require, at any time performance by the Recipient of these provisions, shall in no way be construed to be a waiver of such provisions, rights, or remedies, nor to affect the validity of this Agreement or the right of the Department to enforce the same. Any and all waivers by the Department must be express and in writing and signed by an authorized official thereof in order to be effective.
B. All rights and remedies afforded to the Department under this Agreement shall be construed as cumulative and non-exclusive to the maximum extent permitted by law and shall be in addition to any other rights or remedies provided therein, by law, or otherwise.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
31. Termination of Agreement and Breach
A.
The Recipient shall be in default and breach hereunder in the event the Recipient fails to satisfy or comply with any term or condition in this Agreement or with respect to the 20-year Monitoring Agreement as specified in Exhibit B, Paragraph 2.A., 5. In the event of such default and breach, the Department shall issue a written notice to the Recipient specifying:
1) the breach;
actions required to cure breach; and,
a date, not less than fifteen (15) days from the date of the receipt of such notice by the Recipient, by which such breach must be cured as set forth in Section 604.
In the event of such breach the Department may also take such action or seek such remedies as provided in the 20-year Monitoring Agreement or in the Guidelines. The Department may also seek such other remedies as may be available under this Agreement or any applicable law or in equity.
32. Limited Waiver of Sovereign Immunity
If applicable, except as otherwise expressly provided below, [INSERT NAME OF TRIBEJ reserves all of its inherent sovereign rights, including sovereign immunity from unconsented suit or legal proceedings. However, [INSERT] irrevocably grants to the Department solely, and to no other party other than another California state agency responsible for the management and enforcement of the Department's obligations and responsibilities pursuant to the [INSERT NAME OF PROGRAM] program requirements, and this Standard Agreement and exhibits hereto (collectively, this "Agreement") governing the Project, a limited waiver of sovereign immunity (and any defense based thereon) from any suit, action, claim or proceeding or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution, exercise of contempt powers, or otherwise) to seek the following rights and remedies:
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
A. the enforcement of any provision of this Agreement;
B. any claim, action or legal proceeding arising under or related to this Agreement; C. any determination, judgment, order or award issued by a court of competent jurisdiction, including without limitation
from any breach of this Agreement, or an order from a court of competent jurisdiction for injunctive relief requiring or prohibiting [INSERT] to take certain action;
D. claim or action to interpret and/or enforce the provisions of this Agreement and to resolve disputes, controversies, or claims arising or related to any of the foregoing;
any counterclaims against or relating to claims) brought in connection with this Agreement; and,
injunctive relief pursuant to this Agreement. [INSERT] expressly, unequivocally, and irrevocably waives its sovereign immunity from unconsented suit (and any defense based thereon) for the rights, remedies, and actions identified in this paragraph, but no others. This limited waiver of sovereign immunity does not extend to tort claims or other types of damages, including indirect, special, incidental, non-compensatory, consequential, or punitive damages, whether by way of indemnification or otherwise. [INSERT TRIBE] does not waive sovereign immunity for lawsuits by third parties or disputes between the parties not arising from this Agreement. This waiver does not allow, and the Department separately agrees not to bring, any claims, actions, or lawsuits against any [INSERT TRIBE] individual, including [INSERT TRIBE] officials, employees, agents, and others acting on behalf of [INSERT]. The Department will sue only [INSERT TRIBE] as cumulative award against [INSERT TRIBE] to exceed the [INSERT PROGRAM FUNDING AMOUNT] and in no instance shall any enforcement of any kind hatsoever be allowed against any assets of [INSERT TRIBE] other than th INSERT PROGRAM FUNDING AMOUNT, revenues from the Proiect, and th HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
G.
33. Jurisdiction and Venue
Except as otherwise expressly provided in this Agreement, the parties intend that any cause of actions to enforce, construe, and determine any disputes or claims regarding this Agreement as well as any default, breach of contract, injunctive relief, or specific performance remedies, regarding the Property, to be brought and prosecuted to completion as described below:
A. [INSERT TRIBEJ hereby consents to the jurisdiction of the [INSERT COURT:
TRIBAL/FEDERAL/STATE] courts, to the extent they have jurisdiction, over all subject matters described herein, including but not limited to any breach of contract action brought by any of the parties to enforce the terms of this Agreement, or any other appropriate action brought by any of the parties to prosecute any other rights available to the parties hereto arising under or related to the Agreement.
B. [INSERT] acknowledges that such consent is given without in any way limiting its other rights and remedies, and the Department shall be entitled in the [INSERT COURT] courts where appropriate, to pursue, among other things, specific performance, declaratory judgment, injunctive relief (mandatory or prohibitive), mandamus (or a remedy in the nature of mandamus) to prevent or stop violations of any covenants and other provisions hereof, actual and direct damages, receiverships, or to generally protect the Property and the rights anc interests of any tenants or occupants thereof or the Department's interest:
therein.
Any right, power, or principle requiring deferral to or exhaustion of remedies in [INSERT] courts to the extent they have jurisdiction or other governmental body as a bar or abatement to the claims of the other.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT D
[INSERT TRIBE] agrees that any judicial action, suit, or counterclaim initiated by [INSERT TRIBE] against the Department will be in either, [INSERT COURT] courts to the extent they have jurisdiction, over all subject matters described herein, unless otherwise required by federal Indian law. Such waiver is limited to the rights, remedies, default, and enforceability of the provisions of this Agreement, and transfer or assignment of [INSERT TRIBE] interest in the [INSERT DOCUMENT TITLE].
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT E
PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
1. Budget Detail
A. Recipient has been awarded the following grant or loan activity amounts:
ACTIVITY AMOUNT:
Homeownership Development Project Loans $0
Self-Help Technical Assistance Grant Program
$0
Mortgage Assistance Grant Program $500,000.00
Owner Occupied Rehabilitation Grant Program
$500,000.00
Shared Housing Program $O
ADU/JADU Program $0
TOTAL: $1,000,000.00
The approved Development budget and Project Sources and uses are:
1) Development Budget (applies only to Homeownership Development Projects):
N/A
Project Sources and Uses (applies only to Homeownership Development Projects):
N/A
Term of Agreement and Deadlines
Program funds must be expended no later than 36 months from executed Standard Agreement.
All un-expended funds remaining as of 36 months from executed Standard Agreement may be disencumbered by the Department.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT E
C. All invoices for payment must be submitted to the Department no later than 38 months from executed Standard Agreement.
D. Homeownership Development Projects:
1) The Recipient shall draw down CalHome program funds or begin onsite construction within 22 months of this executed Standard Agreement date.
If this goal is not met the Department may, in its sole discretion, disencumber all funds and cancel the Department commitment to the 2) Unit construction must be completed, and MA loans closed within 60 months of the Standard Agreement execution date. If the projected number of assisted units has not been achieved by the end of the 60th month, the Recipient's next application for funding under the CalHome Program may receive a penalty deduction in the total points awarded Homeownership Development Projects with Self-Help Technical Assistance Grants.
1) The Recipient shall begin onsite construction within 12 months of the executed Standard Agreement date. If this goal is not met the Department may, in its sole discretion, disencumber all funds and cancel the Department commitment to the project.
2) Unit construction shall be completed within 36 months of the executed Standard Agreement date by the Department. If this goal is not met, then:
3) The Department may, in its sole discretion, disencumber remaining unused funds. If the projected number of Assisted Units has not been completed by the end of the 36th month from the executed Standard Agreement date, the Recipient's next application for funding under the CalHome program may receive a penalty deduction in the total point warded, in accordance with the Department's Negative Points Polic Special Conditions
The following Special Conditions are applicable to this Standard Agreement and shall control notwithstanding anything contrary herein:
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT E
A. As a condition precedent to this Agreement and not less than 30 days prior to subcontractor shall have the meaning defined in Guidelines Appendix A.
The authorized Payee(s) is/are as specified below:
Name: City of Corcoran Amount: $1,000,000
For those awards made under a special set aside within this NOFA, the Recipient shall provide to the Department evidence in the annual progress report of the use of those funds as intended pursuant to the NOFA and Guidelines.
Target Category Amount Awarded # of Units to be Assisted N/A $1,000,000 9
To the extent applicable, no funds will be disbursed until the Bureau of Indian Affairs (BIA) has issued any and all approvals as may be required with respect to a tribal housing project located on land held in trust by the BIA, such as approvals for any residential lease, lease rider, and/or declaration of restrictive covenant required by the Department.
No funds may be disbursed until the Department is in receipt of the BIA approved Ground Lease as discussed in Section 3(E) of Exhibit D.
The Project is subject to AB 1010 and the Department has permitted the following waiver of the state CalHome Program requirements:
G. The parties hereby acknowledge that state and/or local civil regulatory laws may not apply, in whole or in part, to projects located within "Indian County" (as this phrase is defined in Guidelines Appendix A), and that therefore, the following terms, provisions, and conditions set forth in "Exhibit C" titled, "State of California General Terms and Conditions, GTC - 04/2017" ("Exhibit C") as it appears on the STD. 213 and referencing 04/2017 GTC, may not be enforceable against the Tribal Entity Recipient if the project is located within Indian Country: (a) Section 3 (Assignment), (b) Section 5 (Indemnification), (C) Section 6 (Disputes), (d) HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of Corcoran
23-CALHOME-18020
EXHIBIT E
Section 9 (Recycling), (e) Section 10 (Non-Discrimination), (f) Section 11 (Certification Clauses), (g) Section 14 (Governing Law), (h) Section 15 (Anti- Trust Claims), (i) Section 16 (Child Support Enforcement), (i) Section 18 (Priority Hiring of vacancies through CalWorks), (K) Section 19 (Small Business Reporting), and (1) Section 20 (Loss Leader Statute B&B 17030).
H. All CalHome Program funds awarded to Borrower pursuant to this Agreement must be used in a manner which complies with the requirements of the CalHome Program, including, but not limited to, the requirements of 2022 CalHome Program Final Guidelines Section 202.
Neither the Sponsor/Recipient or the Borrower, or any constituent member thereof, may be listed on any HUD debarment or suspension list, including the list contained in the Excluded Parties Listing System (https://sam.gov/SAM).
J. The Department reserves the right, in its sole and absolute discretion, to impose additional special conditions or to modify any existing special conditions for this project.
K. Pursuant to 2022 CalHome Program Guidelines Section 402.2 & 403.2, the CalHome funds awarded shall be used on eligible costs.
Recipient will comply with the minimum and maximum per-unit funding limits as set forth set forth in Section II(c)(2)(A), Section II(D(1), and Section II(F)(2) of the 2023 Homeownership Super Notice of Funding Availability, CalHome Program and Joe Serna Jr. Farmworker Housing Grant Program.
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 11/20/2023
City of
CORCORAN
FOUNDED 1914
A MUNICIPAL CORPORATION
MATTERS FOR MAYOR AND COUNCIL
ITEM #: 7
MEETING DATE: June 23, 2026
FROM: Greg Gatzka, City Manager
SUBJECT: Matters for Mayor and Council
7-A. Upcoming Events/Meetings
• July 3, 2026 (Friday) City Offices Closed in Observance of Independence Day • July 14, 2026 (Tuesday) City Council Meeting 5:30 p.m. Council Chambers • July 20, 2026 (Monday) Planning Commission Meeting 5:30 p.m. Council Chambers • July 24, 2026 (Friday) Corcoran Farmers' and Artisans' Market 5:30 p.m. -8:30 p.m.
Whitley Ave. Next to Christmas Tree Park
• July 28, 2026 (Tuesday) City Council Meeting 5:30 p.m. Council Chambers 7-B. City Manager's Report
7-C. Council Comments/Staff Referral Items - This is the time for council members to comment on matters of interest.
7-D. Committee Reports
1. Kings Waste and Recycling Agency (KWRA)
2. Kings County Association of Governments (KAG)
3. Kings Community Action Organization
City Offices
832 Whitley Avenue Corcoran, CA 93212 Phone 559.992.2151 www.cityofcorcoran.ca.gov Update 06/23/2026
1914
CORCORA
COUNCIL REQUESTS OR REFERRRAL ITEMS
PENDING FURTHER ACTION or RESOLUTION BY STAFF
DATE REQUEST STATUS DEPARTMENT
Sent to Council/ RESPONSIBLE
Request made Dept/Division
Vacant and blighted commercial properties. Council In progress City Manager 09/26/23 directed staff to begin preparing an abatement ordinance. 09/26/23 Expansion of diagonal car parking along Whitley Ave. In progress Public Works/Community
Development
11/14/23 Traffic safety and emergency access. Exploring City Manager options