Water Distribution Operator III 97 $3,932 $4,129 $4,336 $4,553 $4,781 Water Production Operator I 97 $3,932 $4,129 $4,336 $4,553 $4,781 Traffic Maintenance Worker 100 $4,050 $4,253 $4,466 $4,690 $4,925 Senior Streets Maintenance Worker II 100 $4,050 $4,253 $4,466 $4,690 $4,925 WWTP Grade I Operator 100 $4,050 $4,253 $4,466 $4,690 $4,925 Custodial Officer - Police Department Jailer 100 $4,050 $4,253 $4,466 $4,690 $4,925 Equipment Operator 100 $4,050 $4,253 $4,466 $4,690 $4,925 Executive Assistant 100 $4,050 $4,253 $4,466 $4,690 $4,925 Food Service Manager 100 $4,050 $4,253 $4,466 $4,690 $4,925 Payroll Technician 100 $4,050 $4,253 $4,466 $4,690 $4,925 Senior Citizens Program Coordinator 103 $4,136 $4,343 $4,561 $4,790 $5,030 Emergency Services Specialist 104 $4,174 $4,383 $4,603 $4,834 $5,076 Assistant Accountant 105 $4,257 $4,470 $4,694 $4,929 $5,176 Code Enforcement Technician 105 $4,257 $4,470 $4,694 $4,929 $5,176 Computer & Information Systems Technician 105 $4,257 $4,470 $4,694 $4,929 $5,176 Equipment Mechanic II 105 $4,257 $4,470 $4,694 $4,929 $5,176 Graphic Information Systems Technician 105 $4,257 $4,470 $4,694 $4,929 $5,176 Planning Technican 105 $4,257 $4,470 $4,694 $4,929 $5,176 Public Safety & Communications Dispatcher II 105 $4,257 $4,470 $4,694 $4,929 $5,176 Facility Maintenance Supervisor 107 $4,340 $4,557 $4,785 $5,025 $5,277 Water Production Operator II 107 $4,340 $4,557 $4,785 $5,025 $5,277 Electrical, HVAC & Instrumentation Technician 110 $4,474 $4,698 $4,933 $5,180 $5,439 Assistant Solid Waste/Street Sweeping Supervisor 110 $4,474 $4,698 $4,933 $5,180 $5,439 Police Officer Trainee 115 $4,701 $4,937 $5,184 $5,444 $5,717 Animal Control Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 WWTP Grade II Operator 115 $4,701 $4,937 $5,184 $5,444 $5,717 Police Records Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 Recreation Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 Associate Accountant 115 $4,701 $4,937 $5,184 $5,444 $5,717 Building Inspector I 115 $4,701 $4,937 $5,184 $5,444 $5,717 Computer & Information Systems Specialist 115 $4,701 $4,937 $5,184 $5,444 $5,717 Graphic Information Systems Specialist 115 $4,701 $4,937 $5,184 $5,444 $5,717 Code & Building Enforcement Officer (Entry Level) 115 $4,701 $4,937 $5,184 $5,444 $5,717 Finance Manager - CCF 115 $4,701 $4,937 $5,184 $5,444 $5,717 Parks & Building Maintenance Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 Building Maintenance Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 Solid Waste Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 Industrial Waste Inspector 115 $4,701 $4,937 $5,184 $5,444 $5,717 Lab Analyst 115 $4,701 $4,937 $5,184 $5,444 $5,717
Streets Supervisor 115 $4,701 $4,937 $5,184 $5,444 $5,717 Water Distribution Supervisor 117 $4,796 $5,036 $5,288 $5,553 $5,831 Equipment Repair Supervisor 120 $4,942 $5,190 $5,450 $5,723 $6,010 Instructor 120 $4,942 $5,190 $5,450 $5,723 $6,010
Assistant Planner 120 $4,942 $5,190 $5,450 $5,723 $6,010 Water Production Operator III 122 $5,039 $5,291 $5,556 $5,834 $6,126 Building Inspector II 125 $5,191 $5,451 $5,724 $6,011 $6,312 Public Safety Communications Supervisor 125 $5,191 $5,451 $5,724 $6,011 $6,312 WWTP Grade III Operator 130 $5,456 $5,729 $6,016 $6,317 $6,633 Senior Instructor 130 $5,456 $5,729 $6,016 $6,317 $6,633 Water Coordinator 130 $5,456 $5,729 $6,016 $6,317 $6,633 Geographic Information Systems Technician 130 $5,456 $5,729 $6,016 $6,317 $6,633 Computer & Information Systems Coordinator 132 $5,564 $5,843 $6,136 $6,443 $6,766 WWTP Supervisor (Grade III Operator) 135 $5,734 $6,021 $6,323 $6,640 $6,972 Senior Building Inspector 135 $5,734 $6,021 $6,323 $6,640 $6,972 Code & Building Enforcement Officer (Certified) 135 $5,734 $6,021 $6,323 $6,640 $6,972 Senior Accountant 136 $5,793 $6,083 $6,388 $6,708 $7,044 Economic Development Specialist 140 $6,025 $6,327 $6,644 $6,977 $7,326 Human Resources Analyst 140 $6,025 $6,327 $6,644 $6,977 $7,326 Water Production Supervisor 142 $6,151 $6,459 $6,782 $7,122 $7,479 WWTP Supervisor (Grade IV Operator) 142 $6,151 $6,459 $6,782 $7,122 $7,479 Associate Engineer/Public Works Inspector 145 $6,332 $6,649 $6,982 $7,332 $7,699 Associate Engineer/Water Coordinator 145 $6,332 $6,649 $6,982 $7,332 $7,699 Approved by City Council 9-6-22
Resolution No. 2022-
City of Delano
Management Employees Group
Monthly Salary Schedule
Effective September 10, 2022
Salary
Classification Title Grade A B C D E F
City Clerk (Non-Certified) 126 $5,352 $5,620 $5,901 $6,197 $6,507 City Clerk (Certified) 134 $5,788 $6,078 $6,382 $6,702 $7,038 Superintendent, Water Production & Utilities (Grade IV) 145 $6,455 $6,778 $7,117 $7,473 $7,847 WWTP Superintendent (Grade IV Operator) 145 $6,455 $6,778 $7,117 $7,473 $7,847 Superintendent, Operations 150 $6,788 $7,128 $7,485 $7,860 $8,253 Transportation Manager 150 $6,788 $7,128 $7,485 $7,860 $8,253 Recreation Manager 150 $6,788 $7,128 $7,485 $7,860 $8,253 Human Resources Manager (CONFIDENTIAL) 150 $6,788 $7,128 $7,485 $7,860 $8,253 Building Official/Senior Building Inspector 155 $7,130 $7,487 $7,862 $8,256 $8,669 Senior Planner 155 $7,130 $7,487 $7,862 $8,256 $8,669
WWTP Superintendent (Grade V Operator) 165 $7,877 $8,271 $8,685 $9,120 $9,576 Accounting Manager 165 $7,877 $8,271 $8,685 $9,120 $9,576 Superintendent, Water Production & Utilities (Grade V) 165 $7,877 $8,271 $8,685 $9,120 $9,576 Senior Civil Engineer 171 $8,363 $8,782 $9,222 $9,684 ###### Police Commander 171 $8,363 $8,782 $9,222 $9,684 ###### $10,678 Approved by City Council on 9-6-22
Resolution No. 2022-
Salary Step Step Step Step Step
Classification Title Grade A B C D E
Community Development Director 197 $ 9,908 $ 10,403 $ 10,924 11,470 $ 12,043 Human Resources Director 200 $ 10,414 $ 10,935 $ 11,481 12,056 $ 12,658 Director of Finance/Treasurer 208 $ 11,282 $ 11,846 $ 12,438 13,060 $ 13,713 Chief of Police 215 $ 12,090 $ 12,695 $ 13,329 13,996 $ 14,695 Public Works Director/City Engineer 221 $ 12,840 $ 13,482 $ 14,156 14,864 $ 15,607 Approved by City Council on 9-6-22
Reso No. 2022-
Effective September 10, 2022
City of Delano
Executive Management / Department Director Personnel
Monthly Salary Schedule
City of Delano
Police Officers Unit
Monthly Equivalent Salary Schedule
Class Title Salary Grade A B C D E F
Police Officer 131 $5,549 $5,827 $6,119 $6,425 $6,747 $7,085 Police Corporal 141 $6,130 $6,437 $6,759 $7,097 $7,452 $7,825 Police Sergeant 151 $6,774 $7,113 $7,469 $7,843 $8,236 $8,648 Police Officer's Salary Scale effective September 10, 2022 Approved by City Council on 9-6-22
Resolution No. 2022-
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 7
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Award of contract for the “2022 Various Streets Pavement Resurfacing & Rehabilitation Project STPL-5227(066)” to Bowman Asphalt, Inc., in the amount of $1,062,920.00 and authorize the City Manager to sign any documents needed to complete the project.
RECOMMENDATION
Award the contract for the “2022 Various Streets Pavement Resurfacing & Rehabilitation Project STPL5227(066)” in the amount of $1,062,920.00 to Bowman Asphalt, Inc. of Bakersfield, CA., and authorize the City Manager to sign any documents needed to complete the project.
DISCUSSION
The ““2022 Various Streets Pavement Resurfacing & Rehabilitation Project STPL-5227(066)” includes pavement resurfacing and rehabilitation but not limited to cold plane, deep patch, Hot Mix Asphalt overlay, construction of curb ramps, and installation of traffic striping, pavement markers and markings at various streets. Road segments include Clinton St. between Garces Highway and Cecil Ave., Cecil Ave. between Albany St. and Ellington St., and Randolph St. between 9th Ave. and Garces Hwy.
Five (5) responsive bids were received and opened on July 21, 2021.
CONTRACTOR TOTAL BID AMOUNT
BOWMAN ASPHALT, INC. $1,062,920.00
GRANITE CONSTRUCTION $1,224,455.00
MAC GENERAL ENGINEERING $1,265,208.88
BURTCH CONSTRUCTION $1,297,531.00
PAPICH CONSTRUCTION $1,416,999.00
EMMET VALLEY CONSTRUCTION $1,430,035.00
GRIFFITH COMPANY $1,452,735.00
Staff has checked the bids and verified that the low bid is complete and fulfills the requirements.
FISCAL IMPACT:
The “2022 Various Streets Pavement Resurfacing & Rehabilitation Project STPL-5227(066)”, needs a 10% contingency which is proposed to be funded as shown on the table below. The TDA local match amount is appropriated thru this action and the City Manager, or her designee, is hereby authorized to sign any change orders up to the approved contingency amount.
Construction
Contract Base
Bid
Construction
Contingencies
(10%)
Total Project
Cost Federal Funds TDA Local Match
$1,062,920.00 $106,292.00 $1,169,212.00 $707,425.00 $461,787.00 Attach: Bid Tabulations
CITY OF DELANO Bowman Aphalt, Inc. Granite Construction Mac General Engineering Burtch Construction Papich Construction Emmett Valley Construction Griffith Company 1015 Eleventh Avenue 3351 Fiairhaven Drive 3005 James Road 638 Industrial Drive 18815 Highway 65 398 Sunrise Terrace 9662 W Kearney Blvd 1128 Carrier Parkway Ave Delano, CA 93215 Bakersfield, CA 93308 Bakersfield CA 93308 Exeter, CA 93221 Bakersfield, CA 93308 Arroyo Grande, CA 93420 Fresno, CA 93706 Bakersfield, CA 93308 (661) 721-3300 661-334-1356 661-399-3361 559-592-1888 661-399-1736 805-473-3016 559-275-4335 661-392-6640 PROJECT: 2022 Various Streets Pavement Resurfacing & Rehab STPL-5227(066) Bid Date: 07/21/2022, 2:00 pm Lic. No. 862672 Lic. No. 89 Lic. No. 988712 Lic. No. 686970 Lic. No. 767055 Lic. No. 913590 Lic. No. 88 ITEM EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO UNIT ITEM QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 LS
Mobilization, Bonds, Insurance, Permits, and
Licenses 1 35,000.000 35,000.00 50,000.000 50,000.00 10,300.000 10,300.00 15,200.500 15,200.50 70,800.000 70,800.00 65,000.000 65,000.00 68,750.000 68,750.00 2 LS Maintenace of Traffic Control and Signing 1 50,000.000 50,000.00 105,000.000 105,000.00 54,540.000 54,540.00 65,000.000 65,000.00 171,624.000 171,624.00 81,000.000 81,000.00 135,791.000 135,791.00 3 LS Storm Water Pollution Program 1 3,500.000 3,500.00 2,500.000 2,500.00 3,080.000 3,080.00 4,000.000 4,000.00 7,090.000 7,090.00 5,000.000 5,000.00 1,500.000 1,500.00 4 LS Perform Field Engineering 1 15,000.000 15,000.00 8,000.000 8,000.00 2,702.000 2,702.00 10,000.000 10,000.00 4,805.000 4,805.00 5,000.000 5,000.00 25,000.000 25,000.00 5 SF 6" Deep Patch on existing pavement 35,000 5.450 190,750.00 6.000 210,000.00 7.670 268,450.00 7.400 259,000.00 7.000 245,000.00 9.300 325,500.00 7.500 262,500.00 6 SY 1-1/2" cold plane existing pavement 55,830 1.400 78,162.00 2.000 111,660.00 1.900 106,077.00 2.200 122,826.00 1.700 94,911.00 1.500 83,745.00 2.300 128,409.00 7 SY 1-1/2" AC Overlay inculding Fog Seal 55,830 9.600 535,968.00 10.500 586,215.00 10.960 611,896.80 10.650 594,589.50 11.800 658,794.00 13.000 725,790.00 11.000 614,130.00 8 LS
Replaced existing striping, pavement markings.
and reflectors. Use paints (2 coats) 1 26,280.000 26,280.00 26,280.000 26,280.00 28,407.000 28,407.00 50,515.000 50,515.00 36,755.000 36,755.00 29,000.000 29,000.00 40,505.000 40,505.00 9 EA Raise Monuments 2 1,265.000 2,530.00 1,200.000 2,400.00 1,410.000 2,820.00 2,250.000 4,500.00 1,295.000 2,590.00 1,400.000 2,800.00 1,925.000 3,850.00 10 EA Raise Water Valve Box 42 1,265.000 53,130.00 1,200.000 50,400.00 1,410.240 59,230.08 1,850.000 77,700.00 1,295.000 54,390.00 1,000.000 42,000.00 1,800.000 75,600.00 11 EA Raise Sewer MH 36 1,600.000 57,600.00 1,500.000 54,000.00 2,646.000 95,256.00 2,200.000 79,200.00 1,365.000 49,140.00 1,200.000 43,200.00 2,125.000 76,500.00 12 EA Construct ADA Compliant curb ramps 2 7,500.000 15,000.00 9,000.000 18,000.00 11,225.000 22,450.00 7,500.000 15,000.00 10,550.000 21,100.00 11,000.000 22,000.00 10,100.000 20,200.00 TOTAL BASE BID 1,062,920.00 1,224,455.00 1,265,208.88 1,297,531.00 1,416,999.00 1,430,035.00 1,452,735.00 BID SIGNED? YES YES YES YES YES YES YES
BID SECURITY ENCLOSED? YES YES YES YES YES YES YES
NON-COLLUSION AFFIDAVIT YES YES YES YES YES YES YES
NOTES
SUBCONTRACTORS
Pavement
Recycling
Systems
Striping and
Markings
Central Valley
Striping
Striping
Markings &
Reflectors
Central Valley
Striping
Striping,
Markers Harker Striping
Stripe &
Markings Harker Striping Striping
Central Valley
Striping
Stripe &
Markings Harker Striping
Lic. # J69352 Lic. #1035598 Lic.# 1035598 Lic.# 615222 Traffic Control Lic.#615222 Lic. #1035598 Lic. #615222 Striping
Central Valley
Striping
Cold Plane
Asphalt
Pavement
Pavement
Recycling
Systems Traffic Control Safety Network ADA Ramps
Cen Cal
Construction Cold Plane
Pavement
Recycling
Systems
Lic. # 1035598 Lic. #569352 Lic. #999426 Lic. # 962895 Lic. # 569352 Survey
Central Valley
Engineering
ADA Curb
Ramps
Cen-Cal
Construction
Lic. #PLS8719 Lic. # 962895
Construction
Area Signs
Statewide Safety
Systems
Lic. #975518
Deep
Patching, Cold
Plane
City of Delano Engineering Dept. Page 1 of 1
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Award of 2022 WWTP Facility Lighting Retrofit Project to Electric Motor Shop, Inc., from Visalia CA for $53,559.28 and authorize the City Manager, or her designee, to proceed with the project and sign any documents needed to complete the project.
RECOMMENDATION:
Award the 2022 WWTP Facility Lighting Retrofit Project to Electric Motor Shop, Inc., from Visalia CA for $53,559.28
DISCUSSION:
The City’s WWTP facility at Lytle Rd. has area lighting that is past its useful and efficient life, staff requested the below listed bids to furnish and install 35 100 W LED lights. The poles will be reused, but the rest of the light parts will be replaced, including six wall packs to improve lighting and hopefully help the efficiency of the existing security cameras.
Electric Motor Shop, Inc. $53,559.28
P&J Electric $65,107.00
FISCAL IMPACT:
There are sufficient funds in account 72-52015-570 to cover the amount of $53,559.28. A contingency of $5,000.00 is requested, bringing the total possible cost to $58,559.28. It is requested that an account for this be labeled “2022 WWTP Facility Lighting Project,” and that the City Manager, or her designee, be authorized to sign any documents needed to complete the project.
Product ID Qty Description Sales Price Total
Quote
Quote To: Ship To:
EMS Net 30
Ship Via Terms Quoted By Customer RFQ
JUAN
Contact
003429 7/12/2022 V-SQ44079
Customer Number Quote Date Quote Number
CITY OF DELANO
P.O. BOX 3010
DELANO, CA 93216
CITY OF DELANO
725 S. LEXINGTON STREET
DELANO, CA 93215
MIKE PEREZ WATER PLANT
Customer PO
PT-AL2-100W-50K 35 100W LED AREA FIXTURE, 5000K, 120-277V, 14241 LUMENS 193.53 6,773.55 SPM-AL2 35 AL2 ADJUSTABLE POLE MOUNT 25.40 889.00
PT-AL2-200W-50K 23 200W LED AREA LIGHT, 5000K, 120-277V, 29,757 LUMENS 278.20 6,398.60 SF-AL2 23 ADJUSTABLE SLIPFITTER FOR AL2 17.1429 394.29
EK4536 10 120-277VAC 6AEB ELECTRONIC PHOTO CONTROL SPECIFIER
GRADE TWISTLOCK
15.5797 155.80
PT-AL-P-BH-2 2 BULLHORN 2 FIXTURE 180 DEGREE 2-3/8 TENNON 125.00 250.00 PT-WPH2-50W-5K 6 50W LED WALLPACK, 5000K, 120-277V
6637 LUMENS
98.33 589.98
STOCK
PT-HBU1-100W-50K 6 100W LED UFO HIGH BAY, 120-277V, 5000K 123.55 741.30 STOCK
CLVS-MO-4FT-50W-50K 14 LED 4FT VAPORTIGHT, 5000K, 120-277V, 6650 LUMENS 101.0152 1,414.21 FREIGHT IN - VISALIA 1 INBOUND FREIGHT - TO BE ADDED+ 0.00 0.00 INSTALL -ENS ELECTRIC 1 INSTALL BY ENS ELECTRIC, LIFT AND LABOR 34,500.00 34,500.00 53,559.28
8.2500 %
52,106.73
1,452.55
0.00 Subtotal:
Sales Tax 1:
Freight:
Total:
Other: 0.00
0.0000 % Sales Tax 2: 0.00
Thank You!
SIGNATURE: DATE:
PO# ( IF NOT ALREADY ISSUED ):
Quotes Do Not Include Sales Tax or Freight, Unless Otherwise Noted.
A Restocking Fee May Apply On Returned Items.
Quote is valid for <7> days.
CITY OF DELANO
STAFF REPORT September 6, 2022
Agenda Item: 9
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, Public Works Director/City Engineer
SUBJECT: Resolution establishing a “No Truck Parking Zone At Any Time” on both sides of Albany St. from 1,400 feet south of its intersection with Woollomes Ave. north to its intersection with County Line Road.
Recommendation
Approve the Resolution establishing a “No Truck Parking Zone At Any Time” on both sides of Albany St. from 1,400 feet south of the intersection with Woollomes Ave. north to its intersection with County Line Road.
Discussion
The subject road has become a frequent parking location for many commercial “big rig” trucks, with many running their refrigeration units at night creating a public nuisance, now that this street has more residential units on both sides. Residents in the area have also complained over the past several years regarding line-of-sight issues at the intersections because of the large rigs obstructing their view while crossing Albany St. Staff has installed red curbs at the intersections to mitigate the issue, but the complaints continue to increase as the number of big rigs parking in this area grows.
Without a viable remedy, staff proposes the prohibition of truck parking on Albany St.
This resolution, which complies with the City Code and Vehicle Code of the State of California will make the No Truck Parking Zone enforceable.
Budget Impact
Current street budget includes enough resources to install “No Truck Parking At Any Time” signs.
RESOLUTION NO. 2022 –
RESOLUTION OF THE CITY COUNCIL OF CITY OF DELANO ESTABLISHING A NO TRUCK PARKING AT ANY TIME ZONE ON ALBANY STREET PER CITY CODE SECTION 10.16.200.
WHEREAS, Albany Street, from 1,400 feet south of its intersection with Woollomes Avenue north to County Line Road is a 2-lane road, serving high volumes of traffic at a speed limit of 45 MPH for most of this section, and
WHEREAS, there are busy residential intersections and two school zones incompatible with Truck parking, and
WHEREAS, The City Engineer has determined that for health and Safety reasons that a No Truck Parking At Any Time Zone should be established for both sides of Albany Street, from 1,400 feet south of its intersection with Woollomes Avenue north to County Line Road, and WHEREAS, City Municipal Code section 10.16.200 provides that the City Council may establish Parking Zones by Ordinance or Resolution, and
WHEREAS, the State of California Vehicle Code Section 22507 provides that a local government may place parking restrictions by Ordinance or Resolution.
NOW THEREFORE, BE IT RESOLVED,
1. A No Truck Parking Zone At Any Time shall be established for both sides of Albany Street, from 1,400 feet south of its intersection with Woollomes Avenue north to County Line Road.
2. The City Manager shall have installed Traffic Signs designating this location as “No Truck Parking At Any Time” enforceable 60 days from the adoption date of this resolution.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 6th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________
Bryan Osorio, Mayor
Attest
_______________________
Ricardo G. Chavez, City Clerk
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approve the purchase of vacant lots 178 & 179 within Tract Map 7379 Phase 2 from Presidio JJR Quail Run 143, LLC, a Delaware limited liability company, for $230,000.00, to be used as a water treatment plant site for well 42 and authorize the City Manager to sign the Purchase and Sale Agreement and any other documents needed to complete the transaction.
RECOMMENDATION
Approve the purchase of vacant lots 178 & 179 within Tract Map 7379 Phase 2 from Presidio JJR Quail Run 143, LLC, a Delaware limited liability company, for $230,000.00, to be used as a water treatment plant site for well 42 and authorize the City Manager to sign the Purchase and Sale Agreement and any other documents needed to complete the transaction.
DISCUSSION
In January of this year, the City of Delano commissioned the drilling of Test Well 42, on Lot J of Tract 7379, dedicated for this purpose, in preparation for the anticipated increase in drinking water demand related to the development of the same Tract. The test well was successfully completed, showing a potential for 2,000 gallons per minute, but with arsenic above the standard. With the purchase of the subject lots, the City will have enough real estate to install a water treatment plant capable of removing the arsenic. The additional production of 2,000 gpm will provide for orderly growth in that area as the City develops.
FISCAL IMPACT:
It is requested that $230,000.00 be appropriated from the Water Impact Fee Fund to cover this expense, and that an account for this be labeled “2022 Well 42 Lots Purchase,” and that the City Manager be authorized to sign the Purchase and Sale Agreement and any other documents needed to complete the transaction. An additional contingency of $15,000.00 is requested from the same fund to cover any associated escrow fees.
Attach: PSA
1 4881-2128-0555 v.2
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”), dated for reference purposes only as of September 6th, 2022, is entered into by and between PRESIDIO JJR QUAIL RUN 143, LLC, a Delaware limited liability company (“Seller”), and THE CITY OF DELANO, a California municipal corporation (“Buyer”). Seller and Buyer are sometimes referred to herein individually as “Party” and collectively as “Parties”. This Agreement is entered into with reference to the following:
R E C I T A L S:
Seller owns that certain real property in the City of Delano (“City”), County of Kern, State of California, currently consisting of two (2) lots (each a “Lot,” and collectively, the “Lots”), the current legal description of which is set forth in Exhibit A attached hereto (“Property”). The Property comprises the lots numbered 178 and 179 within the final map captioned Tract Map No. 7379, Phase 2, recorded on April 20, 2022 (“Tract Map”) in the Official Records of Kern County.
The real property designated as Lot J on the Tract Map (and referred to herein as “Well Lot J”) has been dedicated to Buyer for well purposes and will be conveyed to Buyer pursuant to a separate agreement with Buyer.
Buyer now wishes to purchase the Property, which lies adjacent to Well Lot J, in order to enlarge the well site.
Seller is willing to sell the Property to Buyer, and Buyer is willing to purchase the Property from Seller, on the terms and subject to the conditions set forth below.
ARTICLE 1. AGREEMENT OF SALE; ESCROW
1.1 Agreement. In consideration of the covenants contained in this Agreement, Seller shall sell, and Buyer shall purchase, the Property for the price of One Hundred Fifteen Thousand Dollars ($115,000) per Lot, or a total price of Two Hundred Thirty Thousand Dollars ($230,000) for the Property (“Purchase Price”). As used herein, the term “Property” shall include the Lots and other real property described on Exhibit A and all of Seller’s right, title and interest in and to all entitlements, easements, rights, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and any improvements located thereon and all intangible property rights relating thereto. The Purchase Price shall be paid by Buyer, as follows:
1.1.1 Deposit. The sum of Twenty-Five Thousand Dollars ($25,000) (“Deposit”) shall be delivered by Buyer to Chicago Title Company in Visalia, California, Attention: Jackie McKean (“Escrow Holder”) no later than five (5) business days after the date this Agreement has been mutually executed by Buyer and Seller and delivered to Escrow Holder and Escrow Holder has executed the Acknowledgement by Escrow Holder attached hereto (“Escrow Opening Date”). If requested by Buyer, Escrow Holder shall invest the Deposit in an interest-bearing account with interest accruing for the benefit of Buyer.
1.1.2 Balance of Purchase Price. The balance of the Purchase Price shall be payable pursuant to Section 1.6.1 on or before the Closing Date (defined below in Section 1.2).
1.1.3 Independent Consideration. Concurrently with delivery of the Deposit, Buyer shall deliver to Escrow Holder the sum of One Hundred Dollars ($100.00) (the “Independent Consideration”) as independent consideration for Seller’s performance under this Agreement to be retained by Seller in all instances except in the event this Agreement is terminated as a result of Seller’s breach or default hereunder. The Independent Consideration shall be non-refundable to Buyer as independent consideration for the rights and options extended to Buyer under this Agreement, including, without limitation, the right and option to terminate the Agreement as provided therein. In all instances under this Agreement in which 2 4881-2128-0555 v.2
Buyer elects to terminate or is deemed to have terminated the Agreement and the Deposit is returned to Buyer, Seller shall retain the Independent Consideration when the Deposit is returned to Buyer; provided that, if this Agreement is terminated as a result of Seller’s breach or default hereunder, Seller shall return the Independent Consideration to Buyer. The Independent Consideration shall not be treated as consideration given by Buyer for any purpose other than stated in this Section 1.1.3. The Deposit shall be applied against the Purchase Price at the Close of Escrow.
1.2 Escrow. Promptly following execution by both Parties, this Agreement shall be delivered to Escrow Holder. Escrow Holder shall prepare and submit to Seller and Buyer for approval escrow instructions incorporating this Agreement as part thereof, and containing such other standard provisions as may be requested by Escrow Holder and approved by Seller and Buyer in writing to establish an escrow (“Escrow”) to effect the sale of the Property from Seller to Buyer as contemplated hereunder; provided, however, that no escrow instructions shall modify or amend any provision of this Agreement. In the event there is a conflict between any such standard provisions and the provisions of this Agreement, the provisions of this Agreement shall control. Subject to the satisfaction or written waiver by Buyer of all conditions to Closing in favor of Buyer under this Agreement, the closing of the Escrow (“Closing” or “Close of Escrow”) shall occur upon the recording of the Grant Deed (defined below in Section 1.6.2) on the date that is ten (10) days after the expiration of the Feasibility Period (“Closing Date”), or on such other date as agreed to in writing by Buyer and Seller.
1.3 Title. Seller shall obtain an ALTA standard coverage owners policy of title insurance or, at Buyer’s election and subject to the final sentence of this section, an ALTA extended coverage owners policy of title insurance (in either case, “Title Policy”), issued by Chicago Title Company (“Title Insurer”), with liability in the amount of the Purchase Price, insuring that fee title to the Property vests in Buyer subject only to the following excepted items (collectively, “Permitted Exceptions”): (i) the exclusions listed in the standard “Exclusions from Coverage” of the Title Policy; (ii) all charges against the Property evidenced by the secured tax bill issued by the Tax Collector of Kern County (“Property Taxes”) which are, as of the Close of Escrow, not delinquent; (iii) all exceptions set forth in the PTR (defined below) that are not Disapproved Exceptions (defined below); and (iv) any liens and encumbrances voluntarily imposed by Buyer; provided, however, that notwithstanding anything herein to the contrary, in no event will any delinquent Property Taxes, deeds of trust, mortgages or other monetary liens be deemed to be Permitted Exceptions, and Seller shall be solely and unconditionally responsible for removing any such exceptions (as well as for paying any delinquent taxes) prior to or concurrently with the Closing. Seller shall also terminate any leases, tenancies or other possessory rights in any portion of the Property prior to or concurrently with the Closing and cause the Title Insurer to remove any exception in the Title Policy for parties in possession or similar matters. Buyer shall be responsible for any survey required by Title Insurer, including but not limited to the costs thereof, and for any additional premium for the ALTA extended coverage policy above what would have been payable for the ALTA standard coverage policy.
Seller shall cause Title Insurer to issue a Preliminary Title Report on the Property, which contains hyperlinks to all documents referenced therein as exceptions to title (collectively, the “PTR”). Buyer shall have until ten (10) business days prior to the expiration of the Feasibility Period to deliver to Seller and Escrow Holder written notice (the “Preliminary Title Notice”) of Buyer’s approval or disapproval of the title matters disclosed in the PTR. Except for the matters described in clauses (i) and (ii) below, all matters not timely disapproved by Buyer shall be deemed approved and to be Permitted Exceptions. All such exceptions timely disapproved by Buyer are referred to herein as “Disapproved Exceptions.” Seller shall have five (5) business days after receipt of Buyer’s Preliminary Title Notice to give Buyer and Escrow Holder written notice (“Seller’s Title Notice”) of any Disapproved Exceptions which have been or will be removed on or before the Close of Escrow. If Seller fails to deliver its response notice within such five (5) business day period, Seller shall be deemed to have elected not to eliminate or endorse over the Disapproved Exceptions. Notwithstanding the foregoing, Seller shall be obligated to remove or eliminate as exceptions to title to the Property as of the Close of Escrow all (i) monetary liens or encumbrances (other than nondelinquent Property Taxes), and (ii) all claims to fee title or leasehold or other interests in the Property, all of which constitute Disapproved Exceptions which Seller is obligated to remove. If Seller elects in Seller’s Title Notice (or if Seller by failing to timely respond is deemed to have elected) not to remove or endorse one or more Disapproved Exceptions on or before the Close of Escrow, then Buyer shall have the option 3 4881-2128-0555 v.2
on or before the expiration of the Feasibility Period to: (x) terminate this Agreement by written notice to Seller and Escrow Holder; or (y) waive its objection to the Disapproved Exceptions in question by delivering notice of such waiver to Seller and Escrow Holder, and proceed to the Close of Escrow, whereupon the exceptions in question will become Permitted Exceptions. If Buyer fails to deliver the waiver notice described in clause (y) of the preceding sentence or the Feasibility Approval Notice, Buyer shall be deemed to have elected to terminate this Agreement. If Buyer terminates or is deemed to have elected to terminate this Agreement: (a) Buyer shall have no further obligation to purchase the Property from Seller; (b) Escrow Holder shall immediately return the Deposit to Buyer; (c) Buyer and Seller shall share equally any Escrow and title cancellation charges; (d) Escrow shall be terminated; and I the Parties shall have no further obligation to one another, except as otherwise expressly provided herein.
1.4 Feasibility Period. Within five (5) business days of the Escrow Opening Date, Seller shall deliver to Buyer all documents and materials relating to the Property that are in Seller’s possession, (“Property Documents”). Buyer shall have the period beginning on the Escrow Opening Date and ending on date that is thirty (30) days after the Escrow Opening Date (“Feasibility Period”) in which to review to its satisfaction, in its sole and absolute discretion, all aspects of the Property, including without limitation the state of title and the physical condition, appearance, marketability, development potential, geological conditions, and environmental conditions and the Property’s entitlements, including the PTR and the Property Documents delivered to Buyer (collectively, “Feasibility Matters”). If Buyer desires to approve its review of the Feasibility Matters, Buyer shall deliver written notice of such approval (“Feasibility Approval Notice”) on or before 5:00 p.m. (California time) on the last day of the Feasibility Period. Upon Buyer’s timely delivery of the Feasibility Approval Notice, this Agreement shall continue, Buyer shall be deemed to have approved the Feasibility Matters, and the Deposit shall thereafter be non-refundable to Buyer except as otherwise provided in this Agreement. If Buyer does not timely deliver a Feasibility Approval Notice or delivers notice of its disapproval of the Feasibility Matters, this condition shall be conclusively deemed to have failed, in which case this Agreement shall be terminated, the Escrow cancelled, and Buyer shall be entitled to the immediate return of the Deposit (after deduction of the full amount of Escrow Holder’s termination charges). If Buyer fails to deliver the Feasibility Approval Notice by 5:00 p.m. (California time) on the last day of the Feasibility Period, then Buyer shall be deemed to have disapproved the Feasibility Matters.
1.5 Refundability/Non-Refundability of Deposit. The Deposit shall remain fully refundable to Buyer upon written request unless and until Buyer delivers the Feasibility Approval Notice. If Buyer delivers the Feasibility Approval Notice, the Deposit shall immediately thereafter become non-refundable to Buyer except as otherwise provided in this Agreement and be applied to the Purchase Price at the Closing.
1.6 Deliveries to Escrow Holder.
1.6.1 Buyer’s Deliveries. No later than the Closing Date (or one business day before the Closing Date if required by Escrow Holder to effect a timely closing), Buyer shall deliver to Escrow Holder, (i) in immediately available funds, the balance of the Purchase Price (after crediting the Deposit), and the charges to Buyer described in Section 1.8.3 below, and (ii) a settlement statement executed by Buyer consistent with the provisions of this Agreement as Escrow Holder may require or request, in form and substance reasonably acceptable to Buyer and Seller (“Closing Statement”).
1.6.2 Seller’s Deliveries. No later than two (2) business days before the Closing Date, Seller shall deliver to Escrow Holder the following original documents executed by Seller and where applicable, acknowledged: (a) a grant deed in the form attached as Exhibit B (“Grant Deed”), conveying marketable title and a fee simple interest in the Property to Buyer free and clear of all liens and encumbrances other than the Permitted Exceptions, (b) a general assignment and transfer, in the form attached hereto as Exhibit C (the “Assignment”), (c) a non-foreign certification in accordance with the requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, (d) a California state tax withholding certificate in accordance with the requirements of California Revenue and Taxation Code Section 18668, and (e) a Seller-executed Closing Statement. 4 4881-2128-0555 v.2
1.6.3 Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement.
1.7 The Closing. Escrow Holder shall close the Escrow by filing for record the Grant Deed (and such other documents as may be necessary to procure the Title Policy described herein) WHEN AND ONLY WHEN each of the following conditions has been satisfied (“Closing Conditions”): (i) all funds and documents described in Section 1.6 have been delivered to Escrow Holder; (ii) Title Insurer is irrevocably committed to issue the Title Policy; (iii) all conditions to Buyer’s obligations in Section 1.7.1 below have been satisfied or waived in writing by Buyer. Closing Condition (iii) above is for the benefit of Buyer, and if not satisfied by the Closing Date may thereafter be waived unilaterally by Buyer unless and until such time as either Party elects to terminate this Agreement and the Escrow.
1.7.1 The following conditions to Closing are for the sole benefit of Buyer (the “Conditions to Closing”):
(a) Title Policy. The Title Insurer shall have irrevocably committed to issue the Title Policy for the Property to Buyer.
(b) Representations and Warranties; Seller Performance. The representations and warranties of Seller shall be true and correct as of the Closing Date with the same force and effect as if such representations and warranties were made as of the Closing Date, and Seller shall have fully performed all obligations of Seller under this Agreement to be performed on or before the Closing Date.
The Conditions to Closing are for the benefit of Buyer only, and Buyer may, in its sole and absolute discretion, by delivery of written notice to Seller and Escrow Holder, elect to waive any or all of such conditions precedent and proceed with the Close of Escrow prior to the occurrence of the condition(s) waived. In the event the Conditions to Closing are not satisfied on or prior to the Closing Date, either Party not then in default hereunder shall have the right to terminate this Agreement at any time thereafter prior to the time all Conditions to Closing have been satisfied.
If this Agreement is terminated because any of the Conditions to Closing is not satisfied, or waived in writing by Buyer, (a) Buyer shall have no further obligation to purchase the Property from Seller; (b) Escrow Holder shall immediately return the Deposit to Buyer, (c) Escrow Holder shall promptly return to Buyer and Seller, all other funds and documents deposited by them, respectively, into Escrow which are held by Escrow Holder on the date of such termination (less the amount of any cancellation or other charges required to be paid by and to Escrow Holder and the Title Insurer, which shall be divided equally between the Parties), and (d) the Parties shall have no further obligation to one another with respect to the Property, except as otherwise expressly provided herein. Notwithstanding the foregoing, if such failure of a Condition to Closing is the result of a breach or default by Seller under this Agreement, Buyer shall have the rights and remedies available to Buyer as provided in Section 4.2.
1.8 Prorations, Fees and Costs.
1.8.1 Prorations. Escrow Holder shall prorate (i.e., apportion) Property Taxes between the Parties, to the Close of Escrow, based on the latest information available to Escrow Holder from the appropriate city or county office. All prorations between Seller and Buyer shall be done based strictly upon the date on which the Close of Escrow occurs, without regard to the payment due date. Buyer and Seller agree to re-prorate the proration if, after the Close of Escrow, more accurate or definitive information becomes available with respect thereto. All prorations called for in this Agreement shall be made on the basis of a 30-day month.
1.8.2 Seller’s Charges. At Closing, Seller shall pay: (i) all Documentary Transfer Tax; (ii) the base premium for the Title Policy, i.e., ALTA standard coverage policy with Western Regional 5 4881-2128-0555 v.2
Exceptions; (iii) one-half of Escrow Holder’s fee; (iv) usual seller’s document-drafting and recording charges; and (v) other charges customarily paid by a seller in Kern County, California.
1.8.3 Buyer’s Charges. At Closing, Buyer shall pay: (i) one-half of Escrow Holder’s fee; (ii) usual buyer’s document-drafting and recording charges; (iii) any costs for the Title Policy or endorsements thereto in excess of the base premium for an ALTA standard coverage policy with Western Regional Exceptions; and (iv) other charges customarily paid by a buyer in Kern County, California.
ARTICLE 2. PRE-CLOSING RIGHTS AND OBLIGATIONS
2.1 Buyer’s Feasibility Determination; Right To Enter The Property. Upon at least 24 hours’ written notice to Seller (which may be by email to Don Faye, Paul Lucatuorto, and Janine Frei, at [email protected], [email protected], and [email protected]) to provide Seller an opportunity to be present, Buyer and its employees, agents, and independent contractors may prior to the Close of Escrow reasonably go upon the Property to inspect, survey, and conduct soils tests and non-invasive testing of the Property, including but not limited to engineering studies and environmental investigations, and to design Buyer’s planned improvements and the like. Buyer shall keep the Property free of liens arising from conduct of Buyer, its designees, and their respective employees, agents, or contractors. Buyer shall indemnify, defend, and hold harmless Seller, each of the other Seller Parties (defined below) and the Property harmless from any claim, loss, liability, cost, lien, action, or judgment (including, without limitation, Seller’s reasonable attorneys’ fees and defense costs) (i) incurred by or through Buyer for non-payment of the services of surveyors, engineers, architects, and others engaged by Buyer, or (ii) incurred by reason of any personal injury or property damage resulting from any accident, hazardous waste spill, or other event to the extent caused by the negligent acts of Buyer or its agents, employees, or independent contractors in any such entry; provided, however, Buyer shall not be responsible or liable for any act or omission of Seller or Seller’s agents, representatives, employees, contractors, subcontractors or consultants or for any adverse condition or defect on or affecting the Property not caused by Buyer, its employees, agents, consultants, contractors or subcontractors, but discovered or impacted during such inspections. Buyer shall be responsible for repairing any damage to the Property caused by Buyer’s investigation of the Property’s physical characteristics, including soils tests and surveying. Termination of this Agreement will not terminate Buyer’s obligations hereunder. Should Buyer’s right to purchase the Property terminate, Buyer shall, immediately after such termination and at Buyer’s sole cost, return the Property to its physical condition immediately before such damage or as close thereto as reasonably possible. Buyer agrees to give Seller at least two (2) business days’ prior written notice (by email as set forth in this section above) before entering the Property (prior to Close of Escrow) when the purpose of such entry is to conduct an environmental or Hazardous Substances survey or study.
2.2 Insurance. Buyer shall secure and maintain, at Buyer’s or such person’s sole cost, the following policies of insurance, which are to include coverage of Buyer’s and its agents’ and employees’ activities on the Property: (i) commercial general liability insurance, with limits of not less than $2,000,000 for personal injury to, or death of, any one person, $2,000,000 for personal injury to, or death of, more than one person on an occurrence basis, $1,000,000 for property damage in any one accident and $1,000,000 policy limit for aggregate operations on an occurrence basis; (ii) comprehensive automobile liability insurance with limits of not less than $1,000,000 for personal injury to, or death of, any one person, $2,000,000 for personal injury to, or death of, more than one person in any one accident, and $1,000,000 for property damage in any one accident; and (iii) workers’ compensation and employer’s liability insurance in accordance with the provisions of California law. The policy of insurance described in clause (i) will name Seller as an additional insured and contain a provision that such policy may not be terminated for nonpayment of premium unless prior notice of the proposed termination has been delivered to Seller.
Certificates of insurance evidencing the insurance policies described in this section will be delivered by Buyer to Seller before entry onto the Property by Buyer or its agents or contractors. All coverages, where applicable, shall be on an occurrence (not a claims made) basis. Before undertaking any activity on the Property which requires a permit from the appropriate governmental agency, Buyer will obtain such permit and pay any fee or expense required to obtain or carry out said permit. 6 4881-2128-0555 v.2
2.3 Cooperation. At no material out of pocket cost or expense to Seller, Seller shall cooperate as reasonably requested by Buyer in assisting Buyer’s investigation of the Property and its suitability for development.
2.4 Actions By Seller. During the term of this Agreement, without the prior written consent of Buyer, which consent shall not be unreasonably withheld: (i) Seller shall not execute any document, agreement, or other instrument which would impair the ability of Seller to deliver title to the Property to Buyer in accordance with the terms of this Agreement; (unless the same will be and actually is removed from title or terminated before or at the Closing); and (ii) Seller shall not take any action or omission which would cause any of the representations or warranties of Seller contained herein to become inaccurate or any of the covenants of Seller to be breached. From and after the Escrow Opening Date, Seller shall operate and manage the Property in the normal and ordinary course and in accordance with all applicable federal, state and local laws, ordinances and requirements, and shall maintain the Property in good order, condition and repair, subject to ordinary wear and tear. Seller shall punctually pay and perform all of its obligations under any agreements affecting the Property, and pay before delinquency all taxes, assessments, utility charges and other expenses affecting the Property. Seller shall maintain in full force and effect and pay all premiums on all casualty and liability insurance policies currently covering the Property. Except as expressly contemplated under this Agreement, from and after the Escrow Opening Date, Seller shall not make, authorize or consent to any material alterations to the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. From the Escrow Opening Date and continuing until the Close of Escrow (provided the Agreement has not been terminated), Seller will not enter into any new contract encumbering the Property without first obtaining Buyer’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
2.5 Natural Hazard Disclosure Statement. Prior to the end of the Feasibility Period, Seller shall cause Escrow Holder to provide Buyer with a Natural Hazard Disclosure Statement pursuant to the Natural Hazard Disclosure Act, California Government Code Sections 8589.3, 8589.4, and 51183.5, and California Public Resources Code Sections 2621.9, 2694, and 4136, and any successor statutes or laws.
ARTICLE 3. ACKNOWLEDGMENTS, REPRESENTATIONS, WARRANTIES, AND COVENANTS
3.1 Brokerage Commissions. Seller and Buyer each represents to the other that no brokerage commission, finder’s fee, or other compensation of any kind is due or owing to any person or entity in connection with the transactions covered by this Agreement. Each party agrees to and does hereby indemnify, defend, and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action, or proceedings which may result from any broker, agent, or finder, licensed or otherwise, claiming through, under, or by reason of the conduct of the indemnifying party in connection with this transaction.
3.2 Limited Representations of Seller. Except as expressly set forth in this Agreement or in any document or instrument executed by Seller in connection with Close of Escrow, Seller makes no representation or warranty as to the truth, accuracy, or completeness of any Property Documents or other materials, data, or information delivered by Seller to Buyer in connection with the transaction contemplated hereby, or about the Property or its investment or development potential. Buyer shall independently verify the truth of any property information or other documents or materials provided by Seller. EXCEPT AS
EXPRESSLY SET FORTH HEREIN OR IN ANY DOCUMENT OR INSTRUMENT EXECUTED BY SELLER
IN CONNECTION WITH CLOSE OF ESCROW, SELLER MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO CONDITION, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO ANY PROPERTY DOCUMENTS DELIVERED BY SELLER TO BUYER PURSUANT TO THIS AGREEMENT. Subject to the foregoing, Seller makes the following representations and warranties to Buyer (“Seller’s Warranties”), as of the Escrow Opening Date and as of the Closing Date, all of which shall survive Close of Escrow for a period of three (3) months only:
7 4881-2128-0555 v.2
3.2.1 Leases. To Seller’s actual knowledge, there are no, oral or written leases, subleases, occupancies, or tenancies in effect pertaining to the Property and no parties are in possession of the Property other than Seller.
3.2.2 Compliance. To Seller’s actual knowledge, Seller has not received any written notice of violation of any federal, state, regional or local law, ordinance or other governmental rule or regulation pertaining to the Property, including without limitation any Environmental Laws (defined below) affecting the Property.
3.2.3 Proceedings. To Seller’s actual knowledge, there are no pending or threatened legal actions, suits, judgments, or other legal or administrative proceedings (including, but not limited to an eminent domain, condemnation, assessment district or zoning change proceeding, or any judgment, moratorium or other government policy or practice) that would materially or adversely affect the Property.
3.2.4 Environmental. To Seller’s actual knowledge, during the period of Seller’s ownership: (i) there has been no release, discharge, migration, or disposal of Hazardous Materials from, into, on, under or about the Property; and (ii) Seller has not received any written notice of violation or any pending or threatened action or proceeding arising out of the condition of the Real Property or any alleged violation of any Environmental Law. The term “Hazardous Materials”, as used here, means any substance, material or other thing regulated by or pursuant to any federal, state or local statute or ordinance by reason of its potential for harm to human health or the environment, or because of its flammability, toxicity, reactivity or corrosiveness and shall include but not be limited to (i) asbestos, (ii) petroleum, (iii) any explosives, radioactive materials, wastes or substances, or (iv) any substance defined as “hazardous substances,” “hazardous wastes,” “extremely hazardous waste,” “hazardous materials,” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
Sec. 9601, et seq. or in any other Environmental Law. “Environmental Laws” shall mean any federal, state or local environmental, health or safety statute, ordinance or regulation governing or relating to Hazardous Materials or environmental matters.
3.2.5 Authority. Seller is a limited liability company, duly organized, validly existing and in good standing in the State of Delaware and qualified to do business in the State of California. Seller has the full right, power, and authority to enter into and carry out the transactions contemplated by this Agreement. Seller has not filed, either voluntarily or involuntarily, for bankruptcy or insolvency relief under the United States Bankruptcy Code or any state insolvency laws, nor has any petition for bankruptcy or receivership been filed against Seller. The entering into of this Agreement and the carrying out of the transactions contemplated hereby does not and will not constitute a default (or an event which, with the giving of notice or the passage of time, would constitute a default) under any agreement to which Seller is a party.
3.2.6 Foreign Person. Seller is not a “foreign person” within the meaning of Internal Revenue Code Section 1445 and Seller shall deliver the Non-Foreign Affidavit through Escrow. Seller represents and warrants that Seller is not subject to the withholding requirements under Section 18662 of the California Revenue and Taxation Code and Seller shall deliver the California Withholding Certificate through Escrow.
3.2.7 OFAC. Neither Seller nor any of their respective members or managers is (a) currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), (b) a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, or (c) an Embargoed Person (as hereinafter defined). To Seller’s knowledge, none of the funds or other assets of Seller constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person, and to Seller’s knowledge, no Embargoed Person has any interest of any nature whatsoever in Seller (whether directly or indirectly). The term “Embargoed Person” means any person, entity or government subject to trade restrictions under U.S. law, including but not 8 4881-2128-0555 v.2
limited to, the International Emergency Economic Powers Act, 50 U.S.C. §1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder.
3.3 Other Provisions Relating to Seller’s Warranties. Except as expressly stated herein, Seller makes no representation or warranty as to the truth, accuracy, or completeness of any Property Documents or other materials, data, or information delivered by Seller to Buyer in connection with the transaction contemplated hereby. Any reference to the “knowledge” or “actual knowledge” of Seller shall refer only to the then current actual knowledge of Seller’s representative, Jim Robinson, without further inquiry or investigation or further duty of investigation and without imputation to such individual of the knowledge of others, whether or not any such others would be deemed agents of such individual or of Seller. Buyer acknowledges and agrees that the use of the named individual is solely for the purpose of establishing a standard for measurement of Seller’s knowledge, and nothing herein shall impose any personal liability on such individuals for any representation, warranty, or covenant of Seller hereunder. To the extent that Buyer has actual knowledge that any of Seller’s Warranties are inaccurate, untrue, or incorrect prior to the Closing and nevertheless proceeds to consummate the Closing, such representations and warranties shall be deemed modified to reflect the matters of which Buyer had actual knowledge prior to Closing.
3.4 Basis of Purchase. Buyer represents and warrants that it has made its independent determination that it is prepared to comply with all obligations set forth in this Agreement. Buyer acknowledges that it is purchasing the Property in reliance solely on (i) Buyer’s own inspection of the Property, (ii) Buyer’s independent verification of the truth of any Property Documents and any other documents delivered by Seller to Buyer, (iii) Buyer’s independent determination of the viability of the use of the Property, (iv) the opinions and advice concerning the Property provided by consultants engaged by Buyer, and (v) the representations, warranties and covenants of Seller expressly set forth in this Agreement and/or in any document or instrument executed by Seller in connection with the Close of Escrow (collectively, the “Seller Express Obligations”). Buyer acknowledges and agrees that, subject to and except for the Seller Express Obligations, the Property shall be sold, and Buyer shall accept possession of the Property at the Close of Escrow, “AS IS, WHERE IS, WITH ALL FAULTS”, with no right of setoff or reduction in the Purchase Price. Buyer further acknowledges and represents that subject to and except for the Seller Express Obligations, neither Seller nor any manager or member of Seller, or any officer, director, employee, agent, or attorney of Seller or successors and assigns (all of which parties are herein collectively called the “Seller Parties”) have or shall be deemed to have made any verbal or written representations, warranties, promises, or guarantees (whether express, implied, statutory, or otherwise) to Buyer with respect to the Property, any matter set forth, contained, or addressed in any Property Documents (including, but not limited to, the accuracy and completeness thereof) or the results of any investigations undertaken by Buyer. Buyer represents that it has taken or will prior to Close of Escrow take such steps as it considers necessary to confirm independently all information that Buyer considers material to its purchase of the Property. Buyer specifically acknowledges that, subject to and except for the Seller Express Obligations, Buyer is not relying on (and Seller does hereby disclaim and renounce) any representations or warranties of any kind or nature whatsoever, whether oral or written, express, implied, statutory, or otherwise, from Seller or any other Seller Parties, as to: (i) the value of the Property or the income potential, uses, or the merchantability, habitability, or fitness of any portion of the Property for its particular purpose; (ii) the physical condition of the Property, including without limitation soils and geology, or the suitability of the Property for any particular purpose; (iii) the presence or absence, location, or scope of any Hazardous Materials in, at, about, or under the Property; (iv) the dimensions of the Property or the accuracy of any square footage, sketches, yield, revenue, or expense projections related to the Property; and (v) the ability of Buyer to obtain any and all necessary other governmental approvals or permits for Buyer’s intended use and development of the Property. Buyer further acknowledges and agrees that, subject to and except for the Seller Express Obligations and except as required by applicable law, Seller is under no duty to make any affirmative disclosures or inquiry regarding any matter which may or may not be known to Seller or any Seller Parties. SUBJECT TO AND EXCEPT FOR THE SELLER EXPRESS OBLIGATIONS, SELLER
SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE PROPERTY IS
SUITABLE FOR THE DEVELOPMENT CONTEMPLATED BY BUYER OR THAT THE NECESSARY
APPROVALS AND ENTITLEMENTS FOR ANY SUCH DEVELOPMENT HAVE BEEN OR MAY BE OBTAINED. BUYER WARRANTS AND REPRESENTS THAT IT HAS NOT RELIED UPON AND SHALL 9 4881-2128-0555 v.2
NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY WARRANTY OR REPRESENTATION OF
SELLER NOT EXPLICITLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT OR INSTRUMENT EXECUTED BY SELLER IN CONNECTION WITH CLOSE OF ESCROW. SUBJECT TO
THE SELLER EXPRESS OBLIGATIONS, BUYER AGREES TO ASSUME, EFFECTIVE UPON THE
CLOSE OF ESCROW, ANY AND ALL RISK THAT ANY ADVERSE MATTERS (INCLUDING, WITHOUT
LIMITATION, PHYSICAL AND ENVIRONMENTAL CONDITIONS) RELATING TO THE PROPERTY MAY NOT HAVE BEEN REVEALED BY BUYER’S INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY.
Buyer’s Initials:
3.5 Waiver and Release.
3.5.1 Certain Definitions. “Released Claims” shall mean any and all losses, costs, claims, liabilities, expenses, demands, or obligations of any kind or nature whatsoever arising out of or attributable to any of the following: (i) any and all statements or opinions made, or information furnished, by Seller to Buyer or its agents, attorneys, or representatives that are not expressly set forth herein or in any document or instrument executed by Seller in connection with the Closing; and (ii) any and all losses, costs, claims, liabilities, expenses, demands, or obligations of any kind or nature whatsoever attributable to the Property or its past or future development, whether arising or accruing before, on or after the Closing and whether attributable to events or circumstances which have occurred or may hereafter occur, including, without limitation, (A) all losses, costs, claims, liabilities, expenses, and demands with respect to the physical or environmental condition of the Property, and (B) all losses, costs, claims, liabilities, expenses, and demands relating to the release of or the presence, discovery, or removal of any Hazardous Materials in, at, about, or under the Property, or for, connected with, or arising out of any and all claims or causes of action based upon CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq., as amended by SARA (Superfund Amendment and Reauthorization Act of 1986) and as may be further amended from time to time), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901 et seq., or any related claims or causes of action for environmental contamination at, in, about, or under the Property.
Notwithstanding the foregoing, the waiver and release in Section 3.5.2 shall not apply to and nothing else in this Agreement shall deemed to release the Seller or any of the Seller Released Parties (defined below) from or otherwise affect Seller or any of the Seller Released Parties’ liability for one or more of the following matters (collectively, the “Excluded Matters”): (a) a breach by Seller of any of the Seller Express Obligations which by its terms survives Closing, (b) the gross negligence, willful misconduct or fraud of Seller, (c) any claims for personal injury or death or property damage made by a third party against Buyer to the extent such claims are caused by the grossly negligent actions or omissions of Seller or its agents, employees or contractors prior to the Close of Escrow, or (iv) any claims arising from the breach by Seller of an agreement with a third-party or a violation of law by Seller or any of the Seller Released Parties.
3.5.2 Waiver and Release. Effective upon and in the event of the Closing and except for the Excluded Matters, Buyer, for Buyer and Buyer’s successors and assigns, hereby releases Seller and its members, manager, successors and assigns (collectively, the “Seller Released Parties”) from, and waives all claims and liability against Seller and each of the other Seller Released Parties to the extent arising from any and all Released Claims. The foregoing release and waiver is not intended and shall not be construed to affect or impair any rights or remedies that Buyer may have against Seller as a result of any of the Excluded Matters. Subject to the foregoing, as to those claims released above, Buyer acknowledges that it has read and is familiar with, and that Buyer hereby waives, the provisions of California Civil Code Section 1542, which is set forth below:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the 10 4881-2128-0555 v.2
release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Buyer’s Initials:
3.5.3 Indemnification of Seller by Buyer. Effective upon and in the event of the Closing, and in addition to any other indemnity obligations of Buyer pursuant to this Agreement, Buyer hereby agrees to indemnify, defend, and hold harmless Seller and each of the other Seller Parties from any cost, loss, claim, liability, damage, expense, demand, action, or cause of action, including fees of attorneys (collectively, the “Claims”) to the extent caused by Buyer’s development, construction, or marketing of the Property and any residences constructed thereon from and after the Closing; provided that Buyer’s obligations under this Section 3.5.3 shall not apply to any Claim or Claims to the extent such Claim arises from (a) one or more of the Excluded Matters or (b) the acts or omissions of Seller, any of the Seller Released Parties or any of their respective employees, agents, consultants or contractors. The foregoing indemnification obligation shall survive the Closing.
3.6 Reliance by Seller. Buyer acknowledges and agrees that the provisions of Sections 3.4 through 3.5 were a material factor in Seller’s acceptance of the Purchase Price and, while Seller has provided the Property Documents and cooperated with Buyer, Seller is unwilling to sell the Property unless Seller and the other Seller Released Parties are expressly released as and to the extent set forth in Section
3.5.2. ARTICLE 4. OTHER MATTERS OF AGREEMENT
4.1 Liquidated Damages for Default by Buyer. THE PARTIES AGREE THAT THE
PURCHASE PRICE HAS BEEN DETERMINED NOT ONLY BY A CONSIDERATION OF THE VALUE OF
THE PROPERTY BUT ALSO BY A CONSIDERATION OF THE VALUE OF THE VARIOUS COVENANTS, CONDITIONS, AND WARRANTIES OF THIS AGREEMENT AS THEY RELATE TO THE PROPERTY.
THE CONSIDERATION OF SUCH VALUES, SOMETIMES MEASURABLE IN RELATION TO KNOWN
EXTERNAL STANDARDS AND SOMETIMES DETERMINED ONLY BY SUBJECTIVE BUSINESS JUDGMENTS OF THE PARTIES, ARE ALL INTERRELATED AND AFFECTED BY THE PARTIES’ ULTIMATE AGREEMENT UPON THE PURCHASE PRICE. THE PARTIES HAVE DISCUSSED AND
NEGOTIATED IN GOOD FAITH UPON THE QUESTION OF THE DAMAGES THAT WOULD BE
SUFFERED BY SELLER IN THE EVENT BUYER BREACHES THIS AGREEMENT AND FAILS TO
CLOSE AS REQUIRED HEREUNDER AND HAVE ENDEAVORED TO REASONABLY ESTIMATE SUCH
DAMAGES AND THEY HEREBY AGREE THAT, BY REASON OF THE AFORESAID CONSIDERATIONS, (I) SUCH DAMAGES ARE AND WILL BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, (II)
LIQUIDATED DAMAGES IN THE AMOUNT OF THE DEPOSIT ARE AND WILL BE REASONABLE, (III)
IN THE EVENT OF SUCH BREACH, SELLER SHALL BE ENTITLED TO THE DEPOSIT AS SUCH
LIQUIDATED DAMAGES, AND (IV) IN CONSIDERATION OF THE PAYMENT OF SUCH LIQUIDATED
DAMAGES, SELLER SHALL BE DEEMED TO HAVE WAIVED ALL OTHER CLAIMS FOR DAMAGES OR
RELIEF AT LAW OR IN EQUITY (INCLUDING ANY RIGHTS SELLER MAY HAVE PURSUANT TO CALIFORNIA CIVIL CODE § 3389 AND § 1680), EXCEPT FOR: (1) CLAIMS FOR INDEMNITY PURSUANT TO ARISING UNDER THIS AGREEMENT; (2) ACTIONS TO EXPUNGE A LIS PENDENS
OR OTHERWISE TO RESTORE THE MARKETABILITY OF THE PROPERTY, INCLUDING AS PART OF
SUCH ACTIONS SEEKING DAMAGES, COSTS, OR EXPENSES TO WHICH SELLER IS OTHERWISE ENTITLED UNDER APPLICABLE LAW; (3) CLAIMS FOR THE DELIVERY OF DOCUMENTS PURSUANT TO SECTION 4.4; (4) CLAIMS FOR DELIVERY OF THE LIQUIDATED DAMAGES AMOUNT; AND (5) REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED BY SELLER INCIDENT TO CLAUSES (1) THROUGH (4) IN ACCORDANCE WITH SECTION 4.9.4
11 4881-2128-0555 v.2
Seller’s Initials Buyer’s Initials
4.2 Buyer’s Remedies. If Seller defaults in its obligation to timely consummate the Close of Escrow under this Agreement, Buyer shall, as its sole and exclusive remedy at law or in equity, either: (a) terminate this Agreement by giving written notice from Buyer to Seller, in which case Escrow Holder shall automatically return to Buyer all sums (including the Deposit) deposited by Buyer and then held by Escrow Holder; or (b) to file an action within thirty (30) days after the Closing Date seeking specific performance of Seller’s obligation to convey the Property to Buyer, and serve such action on Seller within the specified period.
4.3 Limitation of Remedies. Buyer shall not be entitled under any circumstances to recover any other damages, including lost profits relating to Buyer’s proposed development of the Property and any other compensatory or consequential damages, and Buyer hereby expressly and knowingly waives any and all rights to recover any such other damages that might otherwise exist, including any rights under California Civil Code § 3306. Buyer further expressly and knowingly waives any and all other remedies that might otherwise be available at law or in equity against Seller, including the right to specific performance of this Agreement other than as expressly permitted under clause (b) in Section 4.2 above.
Seller’s Initials Buyer’s Initials
4.4 Delivery of Documents. Should this Agreement be terminated for any reason other than a material default by Seller, then within ten (10) days following the termination, Buyer shall deliver to Seller, lien-free and at no cost or expense to Seller, all reports and studies relating to the Property (including soils or geotechnical reports) obtained by Buyer from its third-party consultants, except for any privileged, proprietary or confidential documents. All such materials shall be delivered on an AS-IS basis with no representation whatsoever, express or implied, from Buyer, with no recourse against Buyer and subject to all rights of the applicable third parties, including any restrictions on reliance, use or distribution.
4.5 Assignment by Buyer. Buyer shall not assign to any person(s) any or all of Buyer’s rights in this Agreement without the prior written consent of Seller, which shall not be unreasonably withheld, conditioned or delayed. Any assignment may be exercised only by written assignment executed by Buyer and accepted in writing by the assignee (which must, in such written acceptance, obligate itself to perform the assignor’s remaining obligations under this Agreement), and delivered to Escrow Holder and Seller prior to the Close of Escrow. Any assignment of Buyer’s rights made or attempted without such written assignment and acceptance shall be void. Following any assignment, the originally named Buyer shall remain liable for all obligations of Buyer hereunder.
4.6 Right to Cure. Each party shall be entitled to written notice of any default and shall have five (5) business days from receipt of such notice to cure such default, except for delivery of funds when and in the amounts specified herein (for which the cure period shall be reduced to two (2) business days from receipt of notice), prior to the exercise of any remedy provided herein. The Parties each agree to reasonably cooperate with the other in any and all attempts to cure any default within the default cure period, at no cost or expense to the non-defaulting party.
4.7 Notices. Unless otherwise specifically provided herein, all notices, demands, or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon (a) personal delivery, (b) actual receipt after mailing by United States or (c) as of the first business day after sending by overnight commercial courier, or (c) as of the day of sending by email if sent before 5:00 p.m.
Pacific Time on a business day or, if sent after 5:00 p.m. Pacific Time on a business day or on a nonbusiness day, then on the immediately following business day, addressed as follows:
12 4881-2128-0555 v.2
If To Seller, to: Presidio JJR Quail Run 143, LLC
c/o Presidio JJR Master VIII, LLC
601 Carlson Parkway, Suite 200
Minnetonka, Minnesota 55305
Attention: Thomas G. Rock and Michael M. Sullivan
Telephone: (952) 476-7200
Facsimile: (952) 476-7201
Email: [email protected] and
[email protected]
With a copy to: Presidio JJR Quail Run 143, LLC
c/o JJR Associates, LLC
5607 Avenida de los Robles
Visalia, California 93291
Attention: James Robinson and Joseph Leal
Telephone: (559) 732-2660
Facsimile: (559) 732-2999
Email: [email protected] and
[email protected]
With a copy to: Presidio JJR Quail Run 143, LLC
c/o Presidio Advisory Group II, LLC
9740 Appaloosa Road, Suite 230
San Diego, CA 92131
Attention: Don Faye and Paul Lucatuorto and Janine
Frei
Telephone: (619) 573-1817
Facsimile: (619) 573-1550
Email: [email protected] and
[email protected] and
[email protected]
With a copy to: Hecht Solberg Robinson Goldberg & Bagley LLP 600 West Broadway, Suite 800
San Diego, California 92101
Telephone: 619-239-3444
Attention: Jennifer Wolfe and Beth Abramson
Email: [email protected];
[email protected]
If to Buyer, to THE CITY OF DELANO, a California municipal corporation
________________________________________
________________________________________
________________________________________
If to Escrow Holder, to: Chicago Title Company
1750 W. Walnut Avenue, Ste. A
Visalia, CA 93277
Attention: Jackie McKean
Telephone: (559) 636-4300
Facsimile: (559) 636-4365
Email: [email protected]
or to such other address or to such other person as any party shall designate to the others for such purpose in the manner set forth above.
13 4881-2128-0555 v.2
4.8 Condemnation. If, prior to Close of Escrow, any portion of the Property is taken by any entity by condemnation or under the power of eminent domain, or if the access thereto is reduced or restricted thereby (or is the subject of a pending taking which has not yet been consummated), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the right, in Buyer’s sole and absolute discretion, to terminate this Agreement and Escrow upon written notice to Seller and Escrow Holder not later than ten (10) business days after receipt of Seller’s notice thereof. If Buyer elects to terminate this Agreement and Escrow, all documents and funds, including the Deposit shall be returned by Escrow Holder to each party who so deposited the same, and neither Party shall have any further rights or obligations hereunder, except for rights and obligations relating to portions of the Property previously acquired by Buyer or as otherwise expressly set forth in this Agreement and except for payment of Escrow and title cancellation fees which shall be borne equally by Buyer and Seller. If Buyer elects not to terminate this Agreement and Escrow, Buyer and Seller shall proceed to consummate the transaction contemplated herein, and Seller shall assign and deliver to Buyer any and all awards made or to be made in connection with such condemnation or eminent domain proceeding.
4.9 General Provisions.
4.9.1 Gender, Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine, and (ii) the singular number includes the plural.
4.9.2 Business Days. If the (i) stated Closing Date (as extended, if applicable), or (ii) last day for performance of an act falls upon a Saturday, Sunday, legal holiday or other day during which Escrow Holder is not open for business, the Closing Date (as extended, if applicable) or such last day, as the case may be, shall be the next following regular business day of Escrow Holder.
4.9.3 Survival of Provisions. Unless otherwise set forth herein, the representations, warranties, agreements, and indemnities set forth in this Agreement shall remain operative, shall be deemed made at the Close of Escrow, and shall survive the Closing and the execution and delivery of the Grant Deed (subject to the limitations in Section 3.3).
4.9.4 Authority of Signatories. Each individual signing this Agreement on behalf of a corporation warrants that he or she is duly authorized to sign and deliver this Agreement on behalf of the corporation, in accordance with a duly adopted resolution of the board of directors of the corporation or in accordance with the bylaws of the corporation, and that this Agreement is binding upon the corporation in accordance with its terms. Each individual signing this Agreement on behalf of a partnership warrants that he or she is duly authorized to sign and deliver this Agreement on behalf of the partnership, either as a general partner with authority under the partnership agreement so to sign, or as the partnership’s duly authorized agent with authority to bind the partnership. Each individual signing this Agreement on behalf of any other entity warrants that he or she is duly authorized to sign and deliver this Agreement on behalf of such entity, in the capacity authorized under the documents governing such entity so to sign, or as the entity’s duly authorized agent with authority to bind the entity.
4.9.5 Attorneys’ Fees and Costs. If either Party commences an action for the judicial interpretation, reformation, enforcement, or rescission of this Agreement (including the enforcement of any indemnity provision), the prevailing party to such action, or the prevailing party pursuant to any affirmative defense asserted in connection with such action, will be entitled to a judgment against the other for, and to collect, an amount equal to reasonable attorneys’ fees and court and other costs incurred (including without limitation expert witness fees and costs whether or not the expert witness actually testifies, and also including any fees and costs advanced pursuant to clause (12) of Section 4.9.22 or otherwise incurred in a proceeding contemplated by Section 4.9.22). Any such attorneys’ fees and other expenses incurred by any party in connection with (a) any appellate review of the judgment rendered in such action or of any other ruling in such action, and (b) any proceeding to enforce a judgment in such action shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged in to any such judgment. The “prevailing party” shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A Party not entitled to recover its costs 14 4881-2128-0555 v.2
shall not recover attorneys’ fees. No sum for attorneys’ fees shall be counted in calculating the amount of a judgment for the purposes of determining whether a party is entitled to recover its costs or attorneys’ fees.
4.9.6 Joint and Several Liability. If a Party or an assignee of a Party consists of more than one person or entity, the liability of each person or entity signing this Agreement on behalf of such Party or assignee shall be joint and several.
4.9.7 No Partnership or Joint Venture. The relationship of Seller and Buyer hereunder is and will be that of seller and buyer, and none of the provisions of this Agreement are intended to create any relationship other than seller and buyer. No agency, partnership, joint venture, or other relationship is intended hereby, and neither Party shall be deemed the agent, servant, employee, partner, or joint venturer of the other party. Seller and Buyer shall not, in any way or for any reason be deemed to have become a partner of the other in the conduct of its business or otherwise, or a joint venturer. In addition, by virtue of this Agreement, there shall not be deemed to have occurred a merger or any joint enterprise between Buyer and Seller.
4.9.8 Applicable Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement or any of the documents in the forms attached as exhibits hereto, the sole and exclusive venue shall be a court of competent jurisdiction located in the county in which the Property is located, subject to the provisions of Section 4.9.22 below; and the Parties hereto agree to and do hereby submit to the jurisdiction of such court.
4.9.9 Limitation on Damages. Notwithstanding anything to the contrary set forth in the Agreement, in no event shall Seller or Buyer be liable for any consequential, special, or punitive damages.
This limitation shall survive the Close of Escrow.
4.9.10 Confidentiality. Unless otherwise agreed to in writing by Seller and Buyer, each Party will keep confidential all documents, financial statements, reports or other information provided to, or generated by the other Party relating to the Property and will use reasonable efforts not to disclose any such information to any person other than (i) employees and agents; (ii) those who are actively and directly participating in the evaluation of the Property and the negotiation and execution of this Agreement or financing of the purchase of the Property; (iii) governmental, administrative, regulatory, or judicial authorities in the investigation of the Property for compliance with applicable legal requirements or for the feasibility of the proposed use of the Property; and (iv) pursuant to applicable law or valid legal process or as may be required by law. The provisions of this section will terminate as of the Close of Escrow, but will survive the termination of this Agreement other than by the Close of Escrow.
4.9.11 Extension Not a Waiver. No delay in the exercise of any power, remedy, or right herein provided or otherwise available to any Party shall impair or affect the right of such Party thereafter to exercise the same. Any extension of time or other indulgence granted to a Party hereunder shall not otherwise alter or affect any power, remedy, or right of any other Party, or the obligations of the Party to whom such extension or indulgence is granted, except as specifically waived.
4.9.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof are for the exclusive benefit of the Parties hereto and not for the benefit of any third party.
4.9.13 Time of the Essence. Time is of the essence of each provision of this Agreement for which a date for performance is specified.
4.9.14 Entire Agreement. This Agreement contains the entire agreement between the Parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are superseded by this Agreement. 15 4881-2128-0555 v.2
4.9.15 Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe, or limit the scope or the intent of this Agreement.
4.9.16 Interpretation. No provision in this Agreement is to be interpreted for or against either Party because that party or his legal representative drafted such provision. Buyer and Seller acknowledge that they have been represented, or have had the opportunity to be represented, by counsel of their own choice.
4.9.17 Counterparts and Use of Electronic Signatures and Records. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one instrument. Any Party may, at its option, execute this Agreement or any subsequent amendment or required delivery (other than a recordable document) using an electronic signature (including without limitation typed, scanned, or imaged signatures on an electronic record), and electronic copies of this Agreement or any subsequent amendment or required delivery that may have been signed by one or more Parties in so-called "pdf" format shall be deemed to constitute duplicate original counterparts. This Agreement, and any counterpart, may at a Party’s option be converted from a signed paper original to electronic form at any time, and the paper original destroyed. Each true and correct electronic copy shall be deemed an “original” counterpart for all purposes. Buyer and Seller (i) intend to be bound by the signatures on any document sent by electronic mail, (ii) are aware that the other Party will rely on such signatures, and (iii) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature.
4.9.18 Modifications. No modification, waiver, or discharge of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, or discharge is or may be sought.
4.9.19 Successors. Subject to the application of Section 4.5, all terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective administrators or executors, successors, and assigns.
4.9.20 Invalidity of Material Provision. If any material covenant, condition or provision herein contained is held to be invalid, void or unenforceable by a final judgment of any court of competent jurisdiction, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Agreement as a whole.
4.9.21 Further Assurances. Each Party to this Agreement, for itself and its successors and assigns, agrees to take such additional actions and execute such additional instruments as may be reasonably requested by Escrow Holder or the other Party in order to give effect to the transaction contemplated hereby.
4.9.22 Judicial Reference/Arbitration. IF ANY CLAIM OR CONTROVERSY THAT
ARISES OUT OF OR RELATES TO THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES
RELATED TO THIS AGREEMENT, WHETHER DIRECTLY OR INDIRECTLY, CANNOT BE SETTLED BY THE PARTIES WITHIN SIXTY (60) DAYS AFTER EITHER PARTY IS FIRST PROVIDED WRITTEN
NOTICE OF THE CLAIM OR CONTROVERSY BY THE OTHER, SUCH DISPUTE SHALL BE RESOLVED
BY JUDICIAL REFERENCE PURSUANT TO THE PROVISIONS OF CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 638 THROUGH 645.1, EXCEPT AS OTHERWISE MODIFIED HEREIN.
BUYER AND SELLER SHALL COOPERATE IN GOOD FAITH TO ENSURE THAT ALL NECESSARY AND APPROPRIATE PARTIES ARE INCLUDED IN THE JUDICIAL REFERENCE PROCEEDING. IN THE
EVENT THAT A LEGAL PROCEEDING IS INITIATED BASED ON ANY SUCH DISPUTE, THE FOLLOWING SHALL APPLY: (1) THE PROCEEDING SHALL BE BROUGHT AND HELD IN SAN DIEGO
COUNTY, CALIFORNIA, AND THE INITIAL FILING MADE IN THE CENTRAL DIVISION SUPERIOR COURT LOCATED IN SAN DIEGO COUNTY, CALIFORNIA; (2) THE PARTIES SHALL USE THE
PROCEDURES ADOPTED BY JAMS FOR JUDICIAL REFERENCE AND SELECTION OF A REFEREE (OR ANY OTHER ENTITY OFFERING JUDICIAL REFERENCE DISPUTE RESOLUTION PROCEDURES 16 4881-2128-0555 v.2
SHOULD THE PARTIES MUTUALLY AGREE ON A DIFFERENT DISPUTE RESOLUTION BODY); (3)
THE REFEREE MUST BE A RETIRED JUDGE OR LICENSED ATTORNEY WITH SUBSTANTIAL EXPERIENCE IN RELEVANT REAL ESTATE MATTERS; (4) THE PARTIES TO THE JUDICIAL
REFERENCE PROCEDURE SHALL AGREE UPON A SINGLE REFEREE WHO SHALL HAVE THE
POWER TO TRY ANY AND ALL OF THE ISSUES RAISED, WHETHER OF FACT OR OF LAW, WHICH
MAY BE PERTINENT TO THE MATTERS IN DISPUTE, AND TO ISSUE A STATEMENT OF DECISION THEREON. ANY DISPUTE REGARDING THE SELECTION OF THE REFEREE SHALL BE RESOLVED
BY JAMS OR THE ENTITY PROVIDING THE REFERENCE SERVICES, OR, IF NO ENTITY IS
INVOLVED, BY THE COURT IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 638 AND 640; (5) THE REFEREE SHALL BE AUTHORIZED TO PROVIDE ALL REMEDIES
AVAILABLE IN LAW OR EQUITY APPROPRIATE UNDER THE CIRCUMSTANCES OF THE CONTROVERSY; (6) THE REFEREE MAY REQUIRE ONE OR MORE PRE-HEARING CONFERENCES; (7) THE PARTIES SHALL BE ENTITLED TO DISCOVERY AS IF PROCEEDING IN A CALIFORNIA
COURT IN ACCORDANCE WITH THE CALIFORNIA CODE OF CIVIL PROCEDURE, AND THE
REFEREE SHALL OVERSEE DISCOVERY AND MAY ENFORCE ALL DISCOVERY ORDERS IN THE SAME MANNER AS ANY TRIAL COURT JUDGE; (8) A STENOGRAPHIC RECORD OF THE REFERENCE PROCEEDINGS SHALL BE MADE; (9) THE REFEREE’S STATEMENT OF DECISION SHALL CONTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE EXTENT APPLICABLE; (10) THE REFEREE SHALL HAVE THE AUTHORITY TO RULE ON ALL POST-HEARING MOTIONS IN THE SAME MANNER AS A TRIAL JUDGE; (11) THE PARTIES SHALL PROMPTLY AND DILIGENTLY
COOPERATE WITH EACH OTHER AND THE REFEREE AND PERFORM SUCH ACTS AS MAY BE NECESSARY FOR AN EXPEDITIOUS RESOLUTION OF THE DISPUTE; (12) EACH PARTY TO THE JUDICIAL REFERENCE PROCEEDING SHALL BEAR ITS OWN ATTORNEYS’ FEES AND ONE HALF
OF THE FEES AND COSTS IN CONNECTION WITH SUCH PROCEEDING, ALL SUBJECT TO POSSIBLE RECOVERY UNDER SECTION 4.9.5; AND (13) THE STATEMENT OF DECISION OF THE
REFEREE UPON ALL OF THE ISSUES CONSIDERED BY THE REFEREE SHALL BE BINDING UPON
THE PARTIES, AND UPON FILING OF THE STATEMENT OF DECISION WITH THE CLERK OF THE
COURT, OR WITH THE JUDGE WHERE THERE IS NO CLERK, JUDGMENT MAY BE ENTERED THEREON. THE DECISION OF THE REFEREE SHALL BE APPEALABLE AS IF RENDERED BY THE COURT. THIS PROVISION SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY VALID CAUSE OF ACTION, WHICH MAY BE BROUGHT BY ANY OF THE PARTIES. THE PARTIES ACKNOWLEDGE AND ACCEPT THAT THEY ARE WAIVING THEIR RIGHT TO A JURY TRIAL.
Buyer’s Initials: ____ Seller’s Initials: ____
IF FOR ANY REASON THE JUDICIAL REFERENCE PROCEDURES IN THIS SECTION ARE
LEGALLY UNAVAILABLE AT THE TIME A DISPUTE WOULD OTHERWISE BE REFERRED TO
JUDICIAL REFERENCE, THEN THE PARTIES AGREE TO FIRST TRY IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION WITH A MEDIATOR MUTUALLY SELECTED BY THE PARTIES. IF THE
CLAIM OR CONTROVERSY IS NOT SETTLED BY MEDIATION, THE CLAIM OR CONTROVERSY
SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE JAMS
COMPREHENSIVE ARBITRATION RULES, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Buyer’s Initials: ____ Seller’s Initials: ____
17 4881-2128-0555 v.2
4.9.23 Exhibits. The following exhibits are attached and are part of this Agreement:
A Legal Description of the Property
B Form of Grant Deed
C Assignment
IN WITNESS WHEREOF, the Parties have signed and entered into this Agreement as of the day and year first above written.
Buyer:
THE CITY OF DELANO,
a California municipal corporation
By
Name
Its
Seller:
PRESIDIO JJR QUAIL RUN 143, LLC, a Delaware
limited liability company
By: Presidio JJR Master VIII, LLC, a Delaware
limited liability company, its Member
By: Presidio Merced Land AGH Active,
LLC, a Delaware limited liability
company, its Co-Manager
By
Name Michael M. Sullivan
Title Authorized Person
By: JJR Associates, LLC, a California
limited liability company, its Co-
Manager
By
Name Joseph A. Leal
Title Managing Member
18 4881-2128-0555 v.2
ACKNOWLEDGEMENT BY ESCROW HOLDER
The undersigned Escrow Holder hereby acknowledges that the undersigned received a fully executed duplicate original of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between PRESIDIO JJR QUAIL RUN 143, LLC, a Delaware limited liability company, as Seller, and THE CITY OF DELANO, a California municipal corporation, as Buyer, affecting certain real property located in the City of Delano, County of Kern, State of California. Escrow Holder agrees to act as the Escrow Holder under this Agreement, and to comply with these instructions. Escrow Holder has assigned Escrow No. _____________ to this transaction for that purpose.
Date: CHICAGO TITLE COMPANY
By
Jackie McKean, Escrow Officer
1 4881-2128-0555 v.2
EXHIBIT A
Legal Description of the Property
Real property in the City of Delano, County of Kern, State of California, currently described as follows:
[To be attached]
1 4881-2128-0555 v.2
EXHIBIT B
Form of Grant Deed
Recording Requested By
When Recorded Mail To:
Mail Tax Statement To:
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES:
DOCUMENTARY TRANSFER TAX is $______
computed on full value of property conveyed, or
computed on full value less value of liens or encumbrances remaining at time of sale, Unincorporated area; City of Delano.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PRESIDIO JJR QUAIL RUN 143, LLC, LLC, a Delaware limited liability company (“Grantor”), hereby GRANTS to THE CITY OF DELANO, a California municipal corporation (“Grantee”), the real property in the City of Delano, County of Kern, State of California, more particularly described on Exhibit A attached hereto.
THIS GRANT DEED is made and accepted upon all covenants, conditions, restrictions, reservations, easements, and exceptions of record.
Date:
PRESIDIO JJR QUAIL RUN 143, LLC, a Delaware limited liability company
By: Presidio JJR Master VIII, LLC, a Delaware limited liability company, its Member
By: Presidio Merced Land AGH Active, LLC, a
Delaware limited liability company, its CoManager
By
Name Michael M. Sullivan
Title Authorized Person
By: JJR Associates, LLC, a California limited liability company, its Co-Manager
By
Name Joseph A. Leal
Title Managing Member
2 4881-2128-0555 v.2
[Add acknowledgements and legal description]
1 4881-2128-0555 v.2
EXHIBIT C
Form of General Assignment
GENERAL ASSIGNMENT AND TRANSFER
For valuable consideration, PRESIDIO JJR QUAIL RUN 143, LLC, a Delaware limited liability company(“Assignor”), hereby sells, transfers, assigns, delivers, and conveys to THE CITY OF DELANO, a California municipal corporation (“Assignee”), all of Assignor’s right, title, and interest, if any, in and to the personal property described below. This General Assignment is delivered pursuant to a Purchase and Sale Agreement dated for reference purposes as of ________________, 2022 (“PSA”), between Assignor and Assignee, which is incorporated herein by this reference and which relates to the Property as defined therein. The personal property conveyed by this General Assignment consists of all intangible property owned by Assignor related to the development of the Property, including without limitation: (A) all existing engineering plans, building plans, specifications, and drawings relating to the Property; (B) all licenses, entitlements, development rights, other governmental approvals, entitlements, developer rights, applications, approvals, CEQA findings and determinations, will serve letters, and other rights necessary for the construction on the Property; (C) utility and other permits, prepaid fees, deposits, charges, contributions, credits, refunds or reimbursements, fee credit, fee reduction, or refunds from any applicable agency or entity, including without limitation any deposits or fees paid by any party with respect to the Property; (D) all warranties and guarantees, whether or not written, related in any way to the Property or its development; and (E) claims, causes of action and other rights of any nature, whether in contract or in tort, that Assignor may have with respect to the Property, including without limitation against any engineer, consultant, contractor, subcontractor, or supplier in connection with the design and/or construction of improvements on the Property, together with all obligations and liabilities associated with any of the foregoing.
IN WITNESS WHEREOF, the Assignor has executed and delivered this General Assignment and Transfer, to be effective upon the close of escrow for Assignee’s purchase of the Property from Assignor.
Assignor:
Date:
PRESIDIO JJR QUAIL RUN 143, LLC, a Delaware limited liability company
By: Presidio JJR Master VIII, LLC, a Delaware limited liability company, its Member
By: Presidio Merced Land AGH Active, LLC, a
Delaware limited liability company, its CoManager
By
Name Michael M. Sullivan
Title Authorized Person
By: JJR Associates, LLC, a California limited liability company, its Co-Manager
By
Name Joseph A. Leal
Title Managing Member
CITY OF DELANO
STAFF REPORT September 6, 2022
Agenda Item: 11
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, Public Works Director/City Engineer
SUBJECT: Ratification of the Shelter Services Agreement with the Regents of the University of California, Davis Campus School of Veterinary Medicine, in connection with the California for All Animals statewide animal shelter assistance program.
Recommendation
Ratify the Shelter Services Agreement with the Regents of the University of California, Davis Campus School of Veterinary Medicine, in connection with the California for All Animals statewide animal shelter assistance program.
Discussion
This assistance from UC Davis is enabling the City to partner with the SNIP Bus over a two-year period to provide spay/neuter services at a low or no-cost to the residents of Delano. This will undoubtedly reduce unwanted litters and reduce health issues in owned pets.
The SNIP Bus will have ten two-day events in different parts of the City to provide spay/neuter services at no cost to the residents. The City has worked with SNIP Bus on several occasions and treated hundreds of dogs from the public and from the shelter.
The first event will be scheduled for November 2022, and approximately every two months thereafter for the next two years.
Budget Impact
UC Davis will issue a check for $167,500.00 upon their execution of this agreement, which will cover the SNIP Mobile Bus for 21 days at a cost of $157,500.00 and $10,000.00 for advertising the event in the water bill. It is requested that the budget be amended with the expenses listed.
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2022 Staff Reports\09-06- 2022\READY_Acceptance of Improvements_Tract 7379_Phase I\SR Accepting Improvements Tract 7379 Phase I.docx
P
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 12
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Accepting the Public Improvement Work for Tract No. 7379, Phase I, Located on County Line Road from Hiett Avenue to Melcher Road.
Recommendation
Staff recommends that the City Council approve the Public Improvements for Tract 7379, Phase I, as constructed, and authorize the Public Works Department to begin maintenance and operation of the public facilities on said tract.
Discussion
The City’s Engineering & Public Works Department has inspected the improvements for Tract 7379, Phase I, as included in the Subdivision Agreement, and found them to be substantially completed to City Standards.
The Subdivision Agreement for this tract requires that the improvement security bond cover the improvement work against defects in materials and workmanship for a period of one (1) year from the date of acceptance.
Budget Impact
N/A
da
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 13
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Consultant Services Agreement with Provost & Pritchard for engineering services to design the Well 42 Equipping & Arsenic Treatment Project for $397,000.00 and authorization for the City Manager to sign the agreement.
Recommendation
Approval of Consultant Services Agreement with Provost & Pritchard for engineering services to design the Well 42 Equipping & Arsenic Treatment Project for $397,000.00 and authorization for the city manager to sign this agreement and any other documents needed to carry out this project.
Discussion
In January of this year, the City of Delano commissioned the drilling of Test Well 42, on Tract 7379, in preparation for the anticipated increase in the drinking water demand related to the development of the same Tract. The test well was successfully completed, showing a potential for 2,000 gallons per minute, but with arsenic above the standard.
Staff has requested a proposal from P&P to design the equipping of Well 42 and the associated arsenic removal plant. The design services will be completed based on the following task breakdown: Schematic Design, Construction Documents, SRF Funding Assistance, Bidding Assistance, and Construction Administration.
Budget Impact
The design services fee under this contract is $397,000.00, a 5% contingency, $20,000.00, makes the total possible contract price $417,000.00. It is requested that $417,000.00 be appropriated from the Water Fund for this project. It is requested that a new line item be assigned and labeled “2022 Well 42 Equipping & Arsenic Treatment Project.”
Attachment: Consultant Services Agreement
Proposal
1 Agreement for Professional Services
By means of this agreement between the City of Delano, a municipal corporation (“City”) 1015 Eleventh Avenue, Delano, CA 93215 and Provost & Pritchard Consulting Group (“Consultant”) made this 6th day of September , 2022.
Recitals
WHEREAS, Consultant represents that Consultant is experienced and well qualified in the field of civil engineering; and
WHEREAS, the City desires to contract with Consultant, to have Consultant perform professional services for a project known and described as “2022 Well 42 Equipping & Arsenic Treatment Project” in the City of Delano in Kern County (Project) hereinafter called the “Project.” NOW THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the adequacy of which is acknowledged, the City and Consultant mutually agree as follows:
Agreement
1. Scope of Work: Consultant agrees to provide and perform certain professional services for the City in connection with the Project as set forth in Exhibit A attached hereto and incorporated by this reference. Consultant shall complete the professional services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California.
2. Time and Order of Work: The format of the work approach and work plan shall be as set forth in Exhibit A. Consultant shall complete all work and service assigned in a timely and professional workman like manner.
3. Compensation: The cost for services including approved reimbursable expenses, for shall be as set forth in Exhibit A. Such costs shall be consistent with Consultants then current fee schedule, a copy of which is attached as Exhibit A and incorporated herein by reference as if fully set forth at length. Consultant shall only be reimbursed for expenses related to the services provided as specified and set forth in Exhibit A. Any additional services provided by Consultant, including, but not limited to, services provided as a result of a change in instructions from the City, changes in law, rule or regulation, attendance at any public hearings, or otherwise beyond the scope of the Project shall be performed only after the execution by City and Consultant of a written Professional Services Authorization (PSA) specifically authorizing such Additional Services.
4. Payment Procedure:
2 (A) Consultant shall be paid for work and services rendered after receipt of an itemized invoice for the work to be submitted monthly, completed and approved by the City.
Invoices shall be detailed and supported with documentation. (B) Payments shall be made by the City within thirty (30) days after receipt and approval of the Consultant’s itemized invoice by the City unless the work or services being billed for are unacceptable to the City.
5. City’s Responsibilities:
(A) The City shall designate a representative authorized to act on its behalf with respect to orderly execution of this Agreement. The City, or its representatives, shall promptly render decisions pertaining to the progress of the work to avoid unreasonable delay in the progress of the work services to be provided herein by the Consultant.
(B) The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
(C) The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder.
6. Insurance:
(A) Consultant shall procure and maintain for the duration of this Agreement, the following types and limits of insurance prior to the commencement of work by the consultant.
1) Worker’s Compensation Insurance with statutory limits as required by Statutory Law.
2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence to protect the Consultant against claims for bodily injury or death and damage of property of others. This shall cover the use of all equipment, hoist and vehicles on the site(s) not covered by automobile liability under subsection (3) below. If the Consultant has a “claims made” policy, then the following additional requirements apply: The policy must provide a “retroactive date” which must be on or before the execution date of the Agreement; and the extended reporting period may be less than five (5) years following the completion date of this Agreement.
3 3) Automobile Liability Insurance on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence.
4) Professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services under this Agreement by Consultant or its employees.
The amount of this insurance shall not be less than two million dollars ($2,000,000.00) on a combined and single-limit per claim basis. (B) All policies shall contain the following endorsement: An endorsement providing Delano within thirty (30) days written notice of cancellation or reduction of coverage in any policy, policy language or terms.
(C) All liability insurance policies required of the Consultant hereunder except professional liability, shall be primary insurance and shall name City, its officers, employees and agents as additional insured.
7. Termination of Agreement:
(A) The City may, by thirty (30) days advance written notice to consultant, terminate this Agreement, in whole or in part, at any time. Upon receipt of such notice of termination by the City, the Consultant shall discontinue all services (unless the notice directs otherwise) and deliver to the City all data, reports, estimates and such other information, materials and work product as may have been accumulated by the Consultant in performing the work and services as set forth in this Agreement. (B) If termination is for the convenience of the City, or otherwise without cause, the Consultant shall be entitled to compensation for all work performed to date of notice of termination or upon termination. Compensation for work shall be in accordance with work completed as set forth in Exhibit A, but shall not be for an amount exceeding that indicated in any approved Task Orders, PSA or other written agreement between the parties.
(C) If termination is due to the failure of the Consultant to fulfill the obligations under this Agreement, the City may request that Consultant deliver to it, in the manner and to the extent directed by the City, any work described above, and compensation for work so delivered and accepted by the City shall be the actual payments authorized by the City.
8. Indemnity:
(A) Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all 4 of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
(B) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
9. Assignment: Except for sub-consultants, as provided in Section 10(O), Consultant shall not assign or transfer any interest in this Agreement except claims for monies due or becoming due from the City under this Agreement may be assigned to a bank, trust company or other financial institution of Consultant’s choosing.
10. Miscellaneous:
(A) In connection with the performance of work under this Agreement, Consultant agrees not to discriminate against any employee or applicant because of race, sex, color, religion, handicap, age, or national origin.
(B) No member, officer or employee of the City, or member of the City Council no other public official of such locality of localities who exercise any functions or responsibilities, with respect to this Agreement, shall, during his/her tenure, and for the year thereafter, have any interest, direct, or indirect, in this Agreement or its proceeds.
(C) The Consultant has not employed any person to solicit or secure this Agreement upon any agreement for commission, percentage, brokerage, or contingent fee. (D) In the unlikely event of a dispute arising under this Agreement, Consultant shall notify the City promptly in writing of its contentions and submit its claims within five (5) business days from the date of such claim. If the dispute arises before the performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Consultant shall proceed with the work hereunder in compliance with the instructions of the City, but such compliance shall 5 not constitute waiver of the Consultant’s rights to make a claim, provided Consultant has notified the City in writing as set forth above. (E) All documents, data, reports and test reports (the “Documents”) that are a part of the work and services by Consultant under the terms of this Agreement, shall be the property of the City; provided, however, that Consultant does not transfer or waive its intellectual property rights it may have in the Documents or to use the Documents in relation to projects beyond the scope of the applicable Project, without the written approval of Consultant. Should the City or any successor in interest modify the Documents or Consultant’s work product without the prior consent of Consultant, Consultant shall be relieved from all resulting liability and the City shall indemnify, protect, hold harmless and defend Consultant from any such claim that results with respect to the unauthorized use. The Consultant's instruments of service hereunder are the printed hard copy reports, drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, the Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold the Consultant harmless from liability arising out of changes or modifications to the Consultant's data in electronic media form in the City's possession or released to others by the City. (F) This Agreement, the Project as set forth in Exhibit A, and PSA, if applicable, constitute the entire agreement between the parties and supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all covenants and agreements between the parties with respect to rendering of such services. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
(G) If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. (H) If any actions at law or in equity, including any actions for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the Court in the same action, or in a separate action, brought for that purpose, in addition to any other relief to which that party may be entitled. Any lawsuit pertaining to any to pertaining to any matter arising under, or growing out of this Agreement shall be instituted in Kern County, California.
(I) This Agreement will be governed by and construed in accordance with the laws of the State of California.
6 (J) Upon at least forty-eight (48) hours advance written notice, records, books, documents and papers of the Consultant shall be made available to the City or any of its duly authorized representatives at Consultants regular place of business and during regular business hours, to examine, audit or otherwise review such records pertaining to the services provided under this Agreement. (K) Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to perform the work and services it is required to perform under this Agreement.
(L) Each and every provision of the law or clause required by law to be inserted herein in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if, through mistake, or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall be physically amended to make sure insertion or correction.
(M) This Agreement calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of the City for any purpose, and is not entitled to any of its benefits provided by the City to its employees. This Agreement shall not be construed as forming a partnership or any other association with Consultant other than that of an independent Contractor. Consultant shall have no authority beyond that given in this Agreement to act on behalf of the City as an agent, nor to bind the City to any contracts or obligations.
(N) Each individual executing this Agreement represents that they are duly authorized to execute and deliver this Agreement on behalf of the organization or corporation named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
(O) Consultant is authorized to use sub-consultants for the completion of the work, at Consultant’s own cost and expense as Consultant deems necessary to fulfill its duties, obligations and responsibilities under this Agreement. Consultant’s subconsultants shall comply fully with the terms of this Agreement, including, but not limited to, the insurance requirements, as applicable to the portion of the work or services performed by them.
(P) All notices, requests, demands, consents, instructions or other communications hereunder shall be in writing (which shall include e-mail or telefax) and shall be deemed to have been given or made on (A) the day of confirmed dispatch if sent by e-mail or telefax and if such day is a business day (otherwise on the first business day thereafter), (B) the day of delivery thereof to the telegraph office if sent by telegraph and if such day is a business day (otherwise on the first business day thereafter), (C) three (3) business days after deposit in the U.S. mail, if sent by certified mail, postage prepaid, return receipt requested, or (D) on the next business 7 day if sent by overnight personal delivery, in each case addressed to the party to which such notice is requested or permitted to be given or made hereunder, at the address and/or numbers set forth underneath such party's signature line to this Agreement, or to such other address of which such party shall have notified in writing the party giving such notice. As used herein, the term "business days" shall mean the hours of 9:00 a.m. through 4:00 p.m. of each Monday through Friday during the term of this Agreement, excepting Saturdays, Sundays and legal holidays observed by the State of California.
(Q) Time is of the essence under this Agreement.
(R) The Consultant shall not be responsible for warranties, other than those specifically stated elsewhere herein, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
(S) The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
CITY OF DELANO PROVOST & PRITCHARD
Maribel Reyna, City Manager
________________________
ATTEST APPROVED AS TO FORM
Ricardo Chavez, City Clerk Rachel H. Richman
City Attorney
Keith Mortensen
8 Attachments: Exhibit A, Scope of Services Proposal
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2022 Staff Reports\09-06-2022\NOT READY_Award Well 42 Equipping & Wellhead Treatment\Agreement for Professional Services_P&P_Well 42 Equip & Treat_8-15-22.docx 455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
Engineering Surveying Planning Environmental GIS Construction Services Hydrogeology Consulting Clovis Bakersfield Visalia Modesto Los Banos Chico Sacramento Sonora July 28, 2022
Roman Dowling, PE
Public Works Director/City Engineer
City of Delano
1015 Eleventh Avenue
P.O. Box 3010
Delano, CA 93216-3010
Subject: Engineering and Land Surveying Services for
Well 42 Well Equipping and Arsenic Treatment Project, Delano, California Dear Mr. Dowling:
Thank you for the opportunity to submit this proposal to provide engineering services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
Project Understanding
The City has asked Provost & Pritchard for a scope of work and fee to provide engineering design services for the equipping of Well 42 and an arsenic treatment plant at the Well Site. Well 42 is currently under design and construction by others as part of a separate project. It is assumed that the completed well water quality will require arsenic treatment. The Provost & Pritchard design services will be completed based on the following task breakdown:
Schematic Design
Pilot Study – Not included with this Proposal
Construction Documents
Environmental Documents – Not Included with this Proposal SRF Funding Assistance
Bidding Assistance
Construction Administration
Construction Management – Optional phase included with this Proposal Scope of Services
Our proposed scope of work for this proposal is segregated into several phases, described below.
Phase SD: Schematic Design Phase
A. PROJECT MANAGEMENT
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 2 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
1. Project management and administration
2. Prepare and maintain workplan and design schedule
3. Attend kick-off meeting with City staff
4. Prepare and submit monthly billing
5. Conduct QA/QC program
B. SURVEYING
1. Conduct boundary research and surveying sufficient for coordination of the design data with the Well 42 site boundary being developed and defined by others.
2. Conduct topographic ground surveys within the project limits to create a base map of the existing topography and improvements.
C. AGENCY AND UTILITY COORDINATION
1. Utility Notifications – Send utility request letters to utility companies to obtain utility information within the project limits
2. Review Record Information and complete utility base mapping D. SCHEMATIC DESIGN
1. Prepare a preliminary site plan for the well site showing the well equipping information and proposed treatment systems and appurtenances E. GEOTECHNICAL SERVICES
1. Hire geotechnical subconsultant to conduct exploratory borings, laboratory testing and provide geotechnical engineering report containing findings, conclusions, and recommendations for use in design and preparation of construction specifications
F. PREPARE PRELIMINARY ENGINEERING REPORT
1. Review of available information and data provided by the City including:
• Previous Studies
• Water system inspection reports
• Water quality data
• Water production data
• Well development water quality
• Well completion report
• Record drawings of similar City facilities
2. Establish water treatment goals
3. Provide an evaluation of water treatment alternatives • Assumed that adsorptive treatment, if feasible, is preferred approach
4. Evaluate water treatment plant site layout
5. Develop preliminary sizing for chemical storage tanks, chemical metering pumps, well pump, and process piping
6. Develop preliminary list of process instrumentation
7. Establish equipment redundancy and standby power requirements
8. Develop schematic drawings of the water treatment plant including:
• Process Flow Diagram
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 3 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
• Hydraulic Profile
• Site Plan
9. Identify and research permitting requirements for the new water treatment plant
10. Prepare a preliminary opinion of probable construction and O&M costs Assumptions:
a) The project management and programming budget is based on a total design project duration of 8 months.
b) Sufficient monumentation will be locatable to determine right-of-way and property limits.
c) Provost & Pritchard will coordinate with a single supplier of adsorptive media (assumed to be Sorb 33) to obtain computer model projections of treatment performance. Depending on the supplier media life predictions, a final decision regarding treatment process type will be recommended. d) The arsenic treatment vessels will be located outdoors.
Phase PS: Pilot Study Phase
Not included with this proposal. It has been assumed that no pilot study will be required.
Phase CD: Construction Document Phase
A. PRELIMINARY PLANS, SPECIFICATIONS, AND COST ESTIMATE
1. Address any remaining comments on the preliminary site plan
2. Prepare (60%) plans for the wellhead treatment construction project, including the following sheets:
i. Cover and index (1 sheet)
ii. General notes (1 sheet)
iii. Legend and abbreviations (1 sheet)
iv. Hydraulic profile (1 sheet)
v. Horizontal control plan (1 sheet)
vi. Demolition plan (1 sheet)
vii. Site plan (1 sheet)
viii. Grading plan (1 sheet)
ix. Site piping plan (1 sheet)
x. Manifold piping details (1 sheet)
xi. Treatment pad structural details (1 sheet)
xii. Well equipping (2 sheets)
xiii. Miscellaneous details (2 sheets)
xiv. Electrical sheets (3 sheets) prepared by hired electrical engineering subconsultant
xv. Building structural and architectural sheets (3 sheets) City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 4 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
xvi. Building Mechanical Sheets (2) prepared by hired mechanical engineering subconsultant
3. Prepare preliminary technical specifications in CSI format
4. Prepare itemized estimate of quantities and cost
5. Submit preliminary (60%) plans, specifications and estimate (PS&E) in electronic pdf format
i. Schedule and conduct workshop review meeting separately with DDW B. PERMITTING ASSISTANCE
1. Coordinate with the State Water Resources Control Board – Division of Drinking Water (DDW) regarding the project
2. Prepare and submit Operations Plan to DDW for approval Assumptions:
a) City of Delano will pay for all permit fees directly b) No permits will be required other than those specifically identified above c) Backwash water will be discharged into the sewer system. No RWQCB permitting will be required.
d) The City will handle coordination with property owners adjacent to the new treatment site regarding aesthetic impacts, and construction activities. e) New electrical service will be required
f) Treatment plant and well controls will tie into the City’s existing SCADA system
C. DRAFT FINAL (90%) DESIGN
1. 60% submittal review meeting with City
2. Address 60% review comments
3. Prepare draft final plans
4. Prepare draft final technical specifications
5. Prepare draft final cost opinions
6. Submit draft final plans, specifications and estimate in electronic pdf format D. FINAL (100%) PLANS, SPECIFICATIONS, AND ESTIMATES
1. 90% submittal review meeting with City
2. Address draft final review comments
3. Prepare final plans
4. Prepare final technical specifications and incorporate City front-end contract documents
5. Prepare final opinion of probable construction costs
6. Submit final plans, specifications and estimate
7. Submit 1 full-size and 1 half-size set of bid-ready documents E. BUILDING DEPARTMENT PLAN REVIEW
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 5 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
1. Submit two full-size plan sets and one set of structural calculations for City plan check to the City’s Project Manager
Assumptions:
a) The City’s Project Manager will complete the backcheck process to obtain City approval
b) Contractor will prepare and implement Storm Water Pollution Prevention Plan and Dust Control Plan if required
c) No permits will be required from the County
Phase EV: Environmental Document Phase
Not included with this proposal.
Phase FA: SRF Funding Assistance Phase
A. FUNDING APPLICATION
1. Assist with preparation of construction funding application through the State Water Resources Control Board (SWRCB)
2. Prepare Technical Assessment
3. Assist with funding applications sections as requested by the City Assumptions:
a) The City’s Project Manager will lead the Funding Application and Provost & Pritchard will assist with providing technical information as requested by the City.
Phase BD: Bidding Assistance Phase
A. BIDDING SERVICES
1. Attend pre-bid conference
2. Assist with the preparation of addenda and clarifications as necessary during the bid period (assumed 4 RFI responses)
3. Review bid proposals and provide recommendation for award Assumptions:
a) City will advertise and facilitate the bidding process and Provost & Pritchard will assist
Phase CA: Construction Administration Phase
A. CONSTRUCTION SERVICES
1. Conduct pre-construction kickoff meeting
2. Review contractor submittals prior to the start of construction (assumed 50 submittals)
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 6 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
3. Make periodic site visits while construction is active to observe the progress of work; including a site visit for substantial completing and a final walk-through. A total of four (4) construction administration site visits are included in the scope of services.
4. Assist in response to RFIs (assumed 10 RFI responses)
5. Review the contractor’s completion documents. Prepare record drawings based on “as-built” information furnished by the Contractor and City. Provide one copy of reproducible record drawings to City for permanent records.
Phase CM: Optional Construction Management Phase
If requested by the City, Provost & Pritchard can provide construction management services including management of the construction process by a Provost & Pritchard Resident Project Representative (RPR).
Construction Management Services:
a. Act as the City’s primary point of contact with Contractor. b. Coordinate efforts of the City, design engineer, contractor, and subcontractors. c. Respond to contractor RFI’s during construction.
d. Assist with preparing contract change orders.
e. Review and process monthly progress payment summary for signature and issuance by the City.
f. Provide construction observation by a qualified construction field representative during construction, including daily report and photos.
g. It is assumed that normal construction duration for this type of project would be 12 months and our fees are based on that assumption. However, with the current bid market and material delays the project could potentially take longer to complete based on available material and delivery schedules when the project goes to bid. If the schedule duration is longer than estimated Provost & Pritchard will provide an amended scope of work and fee. h. Our fee estimate for this proposal includes up to 3 days per week at 8 hours per day (including travel time and mileage).
i. Submit final punch list and project closeout checklist to the contractor.
Deliverables:
1. Daily Observation Reports (electronic pdf)
2. Final Punch List (electronic pdf)
Professional Fees
Provost & Pritchard Consulting Group will perform the services in this proposal on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate shown below without additional authorization.
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 7 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
Proposed Fee – Well 42 Arsenic Treatment
Phase Estimated Fee
Phase SD: Schematic Design $66,000
Phase PS: Pilot Study Not Included
Phase CD: Construction Documents $221,000
Phase EV: Environmental Documents Not Included
Phase FA: SRF Funding Assistance $6,000
Phase BD: Bidding Assistance $19,000
Phase CA: Construction Administration $85,000
Subtotal Fee: $397,000
Optional Phase CM: Construction Management $260,000
Total Estimated Fee: $657,000
The line items shown above are estimates and are not intended to limit billings for any given Task.
Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed.
Schedule
Provost & Pritchard is prepared to begin immediately upon authorization to proceed. We will work with the City to establish a mutually agreed upon schedule.
Assumptions
• The City will provide Environmental Permitting services, which are excluded from Provost & Pritchard’s scope of work.
• The City will coordinate building, grading, and encroachment permits. • The permitting of the well drilling will be handled by others and is excluded from Provost & Pritchard’s scope of work.
• The design of the well and construction observation of well development will be performed by others. Provost & Pritchard will be responsible for design of the well equipping.
• An arsenic pilot study is not included with this scope of work. Once the well has been completed, Provost & Pritchard will review the water quality, coordinate with a media supplier, and make a recommendation regarding if a pilot study is needed prior to completing the treatment plant design. If a pilot study is needed, a scope of work and fee will be provided as an amendment to this proposal.
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 8 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
• Waste from the treatment plant will be discharged to the sewer and will not require disposal permits or extensive residuals management design. • Design of offsite infrastructure will be coordinated by others and Provost & Pritchard’s scope only includes onsite infrastructure at the Well 42 treatment site and tie-ins in front of the site.
• The City will coordinate property acquisition and associated services are excluded from Provost & Pritchard’s scope of work.
• Provost & Pritchard CAD standards and title block will be used for the design of this project.
• Provost & Pritchard’s current CAD version will be used.
Additional Services
The following services are not included in this proposal, however these and others can be provided at additional cost, upon request.
• Treatment plant pilot study coordination and assistance. • Environmental permitting assistance.
• Landscape design by a licensed Landscape Architect.
• Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures or requirements after the date of this agreement.
• The cost of re-staking, in the event that any staking or record monuments are destroyed, damaged or disturbed by an act of God or parties other than Consultant. • Clarifications, adjustments, modifications and other changes due to field and other conditions that change by the time project construction occurs. • Extra work caused by delays beyond Consultant’s reasonable control by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or disapprove of Consultant’s services or instruments of service promptly, or faulty performance by Client or other contractors or governmental agencies.
• Any extra work performed by Consultant due to changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant.
• Preparation and processing of Indirect Source Rule application with SJVAPCD.
City of Delano July 28, 2022
Well 42 Well Equipping and Arsenic Treatment Project Page 9 of 9 Proposal No.22-355
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Delano-Well 42 Equipping and Arsenic Treatment 22-355\Working Drafts\Delano Well 42 Arsenic Treatment Plant Proposal072822.docx
Terms and Conditions
If this proposal is acceptable, please sign the Consultant Services Agreement, and return a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
Sincerely Yours,
Provost & Pritchard Consulting Group
Kevin Berryhill, RCE 70415 Keith Mortensen, RCE 75865
Project Manager Director of Operations
Terms and Conditions Accepted
By City of Delano
Signature Signature
Printed Name Printed Name
Title Date Title Date
Rate Table: 1001
Assistant Engineer 97.00$ - 125.00$
Associate Engineer 115.00$ - 147.00$
Senior Engineer 153.00$ - 184.00$
Principal Engineer 195.00$ - 235.00$
Associate Structural Engineer 120.00$ - 146.00$
Senior Structural Engineer 150.00$ - 170.00$
Principal Structural Engineer 180.00$ - 230.00$
Associate Biologist 95.00$ - 115.00$
Assistant Environmental Specialist 90.00$ - 120.00$
Associate Environmental Specialist 126.00$ - 155.00$
Senior Environmental Specialist 155.00$ - 185.00$
Principal Environmental Specialist 195.00$ - 235.00$
Assistant GIS Specialist 75.00$ - 93.00$
Associate GIS Specialist 100.00$ - 127.00$
Senior GIS Specialist 135.00$ - 170.00$
Assistant Geologist/Hydrogeologist 95.00$ - 113.00$
Associate Geologist/Hydrogeologist 120.00$ - 150.00$
Senior Geologist/Hydrogeologist 150.00$ - 180.00$
Principal Geologist/Hydrogeologist 195.00$ - 235.00$
Associate Water Resources Specialist 105.00$ - 130.00$
Senior Water Resources Specialist 135.00$ - 160.00$
Environmental & Roof Specialist 120.00$ - 200.00$
External Affairs Specialist 98.00$ - 128.00$
Principal Tunneling Consultant 235.00$ - 255.00$
Assistant Planner/CEQA-NEPA Specialist 85.00$ - 105.00$ Associate Planner/CEQA-NEPA Specialist 110.00$ - 133.00$ Senior Planner/CEQA-NEPA Specialist 140.00$ - 168.00$
Principal Planner/CEQA-NEPA Specialist 173.00$ - 196.00$ Assistant Technician 75.00$ - 97.00$
Associate Technician 102.00$ - 125.00$
Senior Technician 130.00$ - 150.00$
Associate Construction Manager 120.00$ - 140.00$
Senior Construction Manager 145.00$ - 167.00$
Principal Construction Manager 180.00$ - 210.00$
Construction Inspector (PW) 152.00$ - 177.00$
Construction Inspector - OT (PW) 187.00$ - 218.00$
Administrative Assistant 70.00$ - 90.00$
Project Administrator 80.00$ - 105.00$
Senior Project Administrator 115.00$ - 200.00$
Intern 65.00$ - 80.00$
Assistant Surveyor 95.00$ - 115.00$
Licensed Surveyor 145.00$ - 175.00$
1 Man Survey Crew $ 175.00
2 Man Survey Crew $ 245.00
2 Man Survey Crew including LS $ 280.00
UAV (Drone) Services $ 210.00
This schedule supersedes previously published fee schedules as of the effective date.
External Use
PROVOST & PRITCHARD CONSULTING GROUP
STANDARD FEE SCHEDULE
Effective 1/1/22
(hourly rates)
$ 285.00
Multi-year contracts are subject to any subsequent changes in these rates.
ENGINEERING STAFF: Fee Range
SPECIALISTS:
PLANNING STAFF
TECHNICAL STAFF:
CONSTRUCTION SERVICES:
SUPPORT STAFF:
SURVEYING SERVICES:
Prev. Wage (1)
$ 200.00
$ 295.00
(Field Work not including survey equipment billed at individual standard rate plus vehicle as appropriate) EXPERT WITNESS / GIS TRAINING: As quoted.
TRAVEL TIME (for greater than 1 hour from employee’s base office): $80/hr (unless the individual's rate is less) Mileage IRS value + 15%
Outside Consultants Cost + 15%
Direct Costs Cost + 15%
(2) Overtime for Construction Services prevailing wage will be calculated at 125% of the standard prevailing wage rate PROJECT COSTS:
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern Counties, other counties as quoted.
CITY OF DELANO
STAFF REPORT September 6, 2022
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, Public Works Director/City Engineer
SUBJECT: Approval of Operations and Maintenance Agreement with Tulare County for County Line Road
Recommendation
Approve the Operations and Maintenance Agreement with Tulare County for County Line Road.
Discussion
The City of Delano and the County of Tulare share the centerline of County Line Road as their border. Both agencies have made efforts to maintain portions of this road at different times during the past century as development has occurred on both sides, but mostly on the south side of the road in recent years, the City’s side. The City and County entered into a joint powers agreement in 1999 (Agreement No. 1999-68), which established the County Line Service Area (CLSA) and the Madonna Water Service Area (MSA), in an attempt to provide for the orderly development of the County’s bordering land uses and for the share of the sales tax. Long before that, the two agencies cooperated via maintenance agreement 1960-2, dated December 29, 1959, which loosely specified certain maintenance responsibilities for each Agency.
Neither of the before mentioned agreements enabled either Agency to install improvements on County Line Road, in an expedited manner, without the approval of the other. This agreement authorizes the City of Delano to design and install street improvements, including traffic signals, at its own discretion without the review and approval of the County, bearing the full cost of course. This provides for a faster pathway for projects, taking into account adequate design review and coordination with other affected agencies and utilities, like Caltrans, SCE, and AT&T. The maintenance responsibility includes 500 feet north of each intersection, specifically Roads 136 through 160, High & Girard Streets.
This agreement provides the City of Delano the opportunity to improve County Line Road with funding that has already been programmed by the City, and future funding that the City can apply for since it will have maintenance jurisdiction of the road.
Budget Impact
The current budget includes funding for four signalized intersections on County Line Road, on High, Girard, Randolph, and Browning; the current budget can absorb the day to day signage, striping, and pavement repairs that are typical for these segments of road.
Attachment: Agreement
OPERATIONS AND MAINTENANCE AGREEMENT
TULARE COUNTY AND THE CITY OF DELANO
COUNTY LINE ROAD (AVENUE 0)
THISOPERATIONS AND MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this day of , 2022, by and between the COUNTY OF TULARE (“COUNTY”), and the CITY OF DELANO, (“CITY”). COUNTY and CITY are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:
WHEREAS, there exist certain border streets and intersections at or near the boundary line of County Line Road (Avenue 0) of the Parties hereto, which said boundary line traverses the approximate center of such streets, it being the legal duty of each of said Parties to maintain such portions of said streets and intersections as may lie within its respective jurisdiction; and WHEREAS, Avenue 0 is located along the southern boundary of the County of Tulare and the northern boundary of the County of Kern or the City of Delano in the County of Kern, and approximately one-half of said road is located in the County of Tulare and the other one-half of said road is located in the County of Kern or the City of Delano; and WHEREAS, economy, public welfare and convenience require that rather than each of the Parties maintaining the one-half of said road lying within its jurisdiction, that an agreement be entered into between the Parties pursuant to section 6500 et seq. of the Government Code and section 1710 of the Streets and Highways Code whereby the CITY will maintain the whole of said road on behalf of both Parties; and
WHEREAS, CITY desires to assume, in place of COUNTY, responsibility for that portion of Avenue 0 more particularly identified in the attached Exhibit “A,” including, but not limited to, responsibility for maintaining and improving Avenue 0 from time-to-time in CITY’s sole discretion, including the roadway surface, drainage, traffic signing/striping, and for encroachment permitting; and WHEREAS, if the CITY desires to undertake any future roadway and intersection improvements to said Avenue 0, then the COUNTY is willing to allow the CITY to undertake such improvements subject to notice to the COUNTY by CITY.
NOW, THEREFORE, it is mutually agreed as follows:
1. The CITY shall perform, from time to time, such maintenance work as is required to keep Avenue 0, in satisfactory condition for use by the general public as a public road and said road shall be kept free of dangerous or defective conditions, to include regulating and posting all speed zoning, regulatory and advisory signs as necessary. In order to safely and efficiently accomplish this objective, the limits of work responsibility for the CITY shall also extend 500 feet north of each intersection with Avenue 0 as measured from the city limit boundary, specifically Road 136, Road 144, Road 148, Road 152, Road 156, and Road 160; and the entirety of Drive 142 (High Street), southerly of the State’s right of way, these portions will be referred to as the EXTENDED LIMITS. The CITY shall perform
such work on behalf of the Parties, subject to the limitations and restrictions imposed by law on cities in the performance of such road work.
2. The CITY shall accept control, operation, and maintenance overall, or one hundred percent (100%), of the traffic control signage, devices, and concomitant equipment with respect to said Avenue 0, including those facilities located inside and outside the city limit line of the CITY. Those facilities include, but are not limited to, mast arms, signal heads, yellow flashing beacons, energy costs, underground conduits, electrical conductors, vehicle detectors, other equipment necessary to provide a fully functional signalized intersection, and the maintenance of the pavement, advanced warning signs, striping and stenciling at all intersections to Avenue 0, and within the EXTENDED LIMITS.
3. The CITY hereby agrees to pay all expenses arising out of the design, operation, maintenance, and construction of said portion of Avenue 0, and within the EXTENDED LIMITS, including, but not limited to, Road Maintenance, Roadway Reconstruction, and Roadway Rehabilitation (as those terms are defined below). The CITY hereby waives any claim against the COUNTY for any cost of design, operation, maintenance, and construction with respect to such activities.
4. The CITY shall provide and administer all encroachment permits and other controls required by state and local laws, regulations, and ordinances with respect to said Avenue 0, and within the EXTENDED LIMITS, provided that, in doing so, CITY need not require that said improvements (including any improvements undertaken in accordance with Paragraphs 2 and 3 above) be constructed to COUNTY’S road standards.
5. The CITY shall maintain complete and accurate records with respect to all works of improvement authorized by this Agreement.
6. This Agreement updates and supersedes Agreement No. 1960-2 (Tulare County Agreement No. 974/Resolution No. 59-2704) and shall take effect upon execution by the COUNTY and the CITY and shall continue in effect until such time as either Party shall give the other Party written notice of intention to terminate this Agreement.
7. From and after the effective date of this Agreement, CITY shall have all responsibility and liability for all activities and omissions related to the design, construction, upkeep, operation and maintenance of said Avenue 0, and within the EXTENDED LIMITS, and CITY shall hold harmless, defend and indemnify COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind including, but not limited to court cost and attorney fees, death or injury to any person and/or damage to any property (including COUNTY property), arising out of or related to said design, construction, upkeep, operation, maintenance or integration by CITY, its agents, officers, independent contractors, developers and employees. CITY specifically agrees to hold harmless, defend and indemnify COUNTY for any and all claims arising out of COUNTY’S waiver of COUNTY’S road standards and any actions or omissions by CITY in connection with any encroachment permit or other discretionary permit issued by CITY to facilitate this Agreement. This indemnification obligation shall continue beyond the term of this Agreement or any extension of this Agreement. CITY shall maintain adequate insurance coverage, either through
policies issued by insurance companies or through self-insurance reserves, to provide said indemnity to the COUNTY.
8. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:
COUNTY: County of Tulare
c/o RMA Director
Government Plaza
5961 S. Mooney Blvd.
Visalia, CA 93277
(Fax No.: (559) 730-2653 / Phone No. (559) 624-7000)
CITY: City of Delano
c/o City Manager
1015 11th Avenue
P. O. Box 3010
Delano, CA 93215
(Fax No.: (661) 721-3312 / Phone No. (661) 721-3303)
Notice delivered personally or sent by facsimile transmission is deemed to be received upon receipt. Notice sent by first class mail shall be deemed received on the fourth day after the date of mailing. Either Party may change the above address by giving written notice pursuant to this paragraph.
9. This Agreement becomes effective when executed by both Parties and shall continue in effect until such time as either Party shall give the other Party written notice of intention to terminate this Agreement.
10. The following definitions shall apply to these terms used in this Agreement:
Roadway Rehabilitation – Necessary when the pavement exhibits distress beyond the effectiveness of street maintenance and street preservation techniques. Roadway Rehabilitation includes, but is not limited to, the grinding or potential removal of the asphalt surface to stabilize the subgrade. Roadway Rehabilitation may also include the re-paving or re-surfacing of the street.
Roadway Reconstruction – Necessary when the street deterioration reaches the point where Roadway Rehabilitation becomes too expensive (as determined by CITY) and will not perform well due to underlying pavement conditions. Such Roadway Reconstruction includes, but is not limited to, the removal of the asphalt surface and subgrade and the rebuilding of the structural section based on the loading parameters for the roadway. Roadway Reconstruction shall not include construction of new street surfaces or roadway widening.
Road maintenance – Any road repair and preservation work of a specific road surface, street, or
highway specifically related to maintaining water control or road safety and visibility. * * * * * * * * * * * * * * * * * * *
THE Parties, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
COUNTY OF TULARE
By:
Chair, Board of Supervisors
CITY OF DELANO
By:
Maribel Reyna, City Manager
ATTEST: JASON T. BRITT
County Administrator Officer/Clerk of the Board
of Supervisors of the County of Tulare
By:
Deputy Clerk
ATTEST: Ricardo Chavez
City Clerk of the City of Delano
By:
Approved as to Form
County Counsel
By:
Deputy
Matter No. 2021419
Approved as to Form
City Attorney
By:
Attorney for City of Delano
By:
Risk Manager
Attachment: Exhibit A Jlk/7-13-22/2021419/1817657.docx
EXHIBIT A
(Description/Depiction of Affected Portion of County Line Road/Avenue 0) ROAD 144
AVENUE 12
AVENUE 8
COUNTY LINE ROAD
AVENUE 16
ROAD 160
STATE HWY 99
ROAD 136
AVENUE 8
ROAD 148
ROAD 152
ROAD 156
AVENUE 16
HIGH ST
AVENUE 0
Ä99
Legend
Delano City Limits
Extended Limits
Tulare County
Boundary
Dinuba
Exeter
Lindsay
Porterville
Tulare
Woodlake
Ä65
Ä245
Ä63
Ä99
Ä198
Ä137
Ä216
Ä190
Ä201
Ä43
0 2,000 4,000 6,000
Feet
Exhibit A
County Line Road (Avenue 0) O&M Agreement
COUNTY OF TULARE
COUNTY OF KERN
CITY OF DELANO
STAFF REPORT
January
September 6, 2022
Agenda Item: 15
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Award of contract for the “2022 Various Streets Pavement Application of Rejuvenating Seal (Reclamite) Project” to Talley Oil Inc. in the amount of $166,224.00 and authorize the City Manager to sign the construction contract
RECOMMENDATION
Award the contract for the “2022 Various Streets Pavement Application of Rejuvenating Seal (Reclamite) Project” in the amount of $166,224.00 to Talley Oil Inc. of Madera, CA.
DISCUSSION
The “2022 Various Streets Pavement Application of Rejuvenating Seal (Reclamite) Project” provides routine maintenance of City Streets as recommended in the City’s Pavement Management Program. The project consists of rejuvenating seal (Reclamite) applied in the pavement at various street locations. The list of proposed streets is attached.
Two bids were received and opened on August 11, 2022:
Contractor TOTAL BID AMOUNT
TALLY OIL INC. $166,224.00
BURTCH CONSTRUCTION $189,116.04
Staff has checked the bids and verified that the low bid is complete and fulfills the contract requirements.
FISCAL IMPACT:
There are enough funds in the current two year budget to cover the $166,224.00 award under account 11-860S-300.
Attach: Bid Tabulations
CITY OF DELANO Talley Oil, Inc. Burtch Construction
1015 Eleventh Avenue P.O. Box 568 18815 Highway 65
Delano, CA 93215 Madera, CA 93639 Bakersfield, CA 93308 (661) 721-3300 559-673-9011 661-399-1736
PROJECT: 2022 Various Streets Pavement Application of Rejuvenating Seal (Reclamite) Bid Date: 08/11/2022, 2:00 pm Lic. No. 822368 Lic. No. 686970 ITEM EST. UNIT TOTAL UNIT TOTAL
NO UNIT ITEM QUANTITY PRICE PRICE PRICE PRICE
1 LS Mobilization, Bonds, and Licenses 1 4,500.000 4,500.00 5,000.000 5,000.00 2 LS Maintenace of Traffic Control and Signing 1 11,500.000 11,500.00 6,900.000 6,900.00 3 SY
Furnish all labor, materials, and equipment
necessay for the application of an asphalt
rejuvenating agent Reclamite to asphalt concrete
surface on various streets specified in Area 1
including sanding and sand removal per contract
plans & specifications 52,012 1.000 52,012.00 1.130 58,773.56 4 SY
Furnish all labor, materials, and equipment
necessary for the application of an asphalt
rejuvenating agend Relcamite to asphalt
concrete surface on various streets a specified in
Area 2 including sanding and sand removal per
contract plans and specifications. 27,188 1.000 27,188.00 1.300 35,344.40 5 SY
Furnish all labor, materials, and equipment
necessary for the application of an asphalt
rejuvenating agent Reclamite to asphalt concrete
surface on various streets specified in Area 3
including sanding and sand removal per contract
plans and speifications 71,024 1.000 71,024.00 1.170 83,098.08 TOTAL BASE BID 166,224.00 189,116.04
BID SIGNED? YES YES
BID SECURITY ENCLOSED? YES YES
NON-COLLUSION AFFIDAVIT YES YES
ADDENDUM NO. 1 ACKNOWLEDGED YES YES
NOTES YES YES
SUBCONTRACTORS
City of Delano Engineering Dept. Page 1 of 1
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 16
TO: Honorable Mayor and Council Members
FROM: Maribel Reyna, City Manager
By: Rosa Lara Rios, Finance Director/Treasurer
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO
ACCEPTING THE GANN APPROPRIATIONS LIMIT REPORT FOR
THE FISCAL YEAR 2022-2023
Recommendation
Staff recommends the City Council accept and adopt the Gann Appropriations limit report for the fiscal year 2022-2023.
Discussion
On November 6, 1979, California voters approved the Gann Spending limitation initiative (proposition 4) establishing Article XIIIB of the State of Constitution.
Subsequently, on June 5, 1990, California voters approved the Traffic Congestion Relief and Spending Limitation Act (proposition 111), which made various amendments to Article XIIIB of the State Constitution. Article XIIIB sets limits on the amount of tax revenues that the State and most local governments can appropriate within a given fiscal year. If the local government receives excess funds in any one year, it may “carry those excess funds into the subsequent year” for use. Any excess funds remaining after the second year must be returned to taxpayers by reducing tax rate or fees.
The appropriations limit for fiscal year 2022-2023 is $40,769,448 which far exceeds the proceeds of taxes in the amount of $16,908,905. This new limit has been calculated by adjusting the fiscal year 2021/2022 appropriations limit for the changes in the California per capital personal income and Los Angeles County population. Since the annual appropriations limit is greater than the appropriations that are subject to the limit, the City follows the provisions of Article XIIIB of the California Constitution.
Budget Impact
None
Attachment(s) Resolution 2022-XXXX
Gann Appropriations Limit Report FY 2022-2023
State Department of Finance Letter, Dated May 2022
City FY 2023
a b c
Revenue Source Proceeds of Taxes Non-Proceeds of Taxes Total Taxes
Property Tax 2,784,225 2,784,225
Sales and Use Tax 12,613,532 12,613,532
Transactions and Use Tax - -
Business License Tax 152,748 152,748
Utility User Tax - -
Transient Occupancy Tax 371,105 371,105
Documentary or Real Property Transfer Taxes 47,061 47,061 Parcel Taxes -
Other Taxes 16,643 16,643
Fees from Worksheet #2 => 1,501,033 19,895,979 21,397,012 Benefit Assessments 2,015,310 2,015,310
Franchises (Cable/Video, Solid Waste, Electric/Gas, etc.) 881,683 881,683 Fines, Forfeitures and Penalties 126,617 126,617
Rents, Royalties and Concessions 242,437 242,437
Gifts 2,428 2,428
Licenses and Permits
Include regulatory licenses and permits as regulatory fees in Worksheet 2.
Include public property, facility or equipment rental licenses/permits in "rents" above.
Include business license taxes in "taxes" above.
From State
Motor Vehicle License Fee 6,424,693 6,424,693
Homeowners Property Tax Relief Reimb. -
Williamson Act -
Motor Vehicle Fuel (gasoline) Tax 2,703,928 2,703,928
Proposition 42 Gasoline Sales Tax -
Citizens Option for Public Safety (COPS) -
Proposition 172 Public Safety Sales Tax 101,273 101,273 State Mandate Reimbursements 22,187 22,187
Other discretionary state grants and aid 325,124 325,124 Other non-discretionary state grants and aid 3,796,933 3,796,933 Repealed Subventions
Criminal Justice Fee (Booking Fee) Relief -
Discretionary Local Assistance (1999-00, 2000-01) -
Police Technology Grants (CLEEP) -
Liquor License Fees -
Highway Carriers Uniform Business Tax -
Financial Aid to Local Agencies -
Business Inventory Exemption Reimbursement -
Trailer Coach / Mobile Home VLF -
1978-79 Bailout Funds -
Other Governments
Federal General Revenue Sharing -
Federal CDBG 812,744 812,744
Housing (HUD) 87,012 87,012
Disaster Reimbursement -
Other -
Other Miscellaneous
Sale of property (See "Qualified Capital Outlays") 10,823 10,823 Interfund transfers 1,592,536 1,592,536
1 Sub-Total non-interest revenues 24,258,351 32,269,703 56,528,054 2 Interest Earnings from Worksheet #4 => 365,707 514,175 879,882 3 Reserve Withdrawls -
4 Total 24,624,058 32,783,878 57,407,936
Total revenue plus reserve withdrawls (1c + 3c) 56,528,054 ©2016 Michael Coleman. Use with attribution.
Proceeds of Taxes
Worksheet #1
Delano
To Worksheet 4
To Worksheet 4
To Worksheet 8
City FY 2,023.00
a i ii b=i+ii c=b-a d
Program Area Fee Revenue Direct Costs
Allocated
Overhead Total Costs
Costs minus
Revenues
Revs > Costs?
C=negative
1 113,317 2,808,425 2,808,425 2,695,108 -
2 90,493 10,932,953 10,932,953 10,842,460 -
3 - - -
4 370,622 768,828 768,828 398,206 -
5 321,441 1,494,108 1,494,108 1,172,667 -
6 102,475 2,579,516 2,579,516 2,477,041 -
7 9,795,437 8,070,015 380,038 8,450,053 (1,345,384) 1,345,384 8 7,208,334 8,790,688 378,130 9,168,818 1,960,484 -
9 3,394,893 2,834,284 404,960 3,239,244 (155,649) 155,649 10 - - -
11 - - -
12 - - -
13 - - -
14 - - -
15 - - -
16 Proceeds of Taxes => 1,501,033
= sum of column d
Non-Proceeds of taxes => 19,895,979
Do not include: rents, entrance fees, royalties, concessions, franchises, fines, forfeitures, penalties, or assessments on real property. =sum of column a minus d16 ©2016 Michael Coleman. Use with attribution.
Other - MCCF
Delano
Worksheet #2
Regulatory Fees, User Fees & Charges
Solid Waste
General Gov't - Management/Support
Police - Law Enforement
Transportation - Public Works
Planning and Development
Building, Construction and Fire Safety
Parks and Recreation, museums, etc.
Water
Sewer
To Worksheet 1
To Worksheet 1
City FY 2,023.00
Amount
Court Orders
sub-total -
Federal Mandates
763,515
sub-total 763,515
Qualified Capital Outlay
sub-total -
Qualified Debt Service
sub-total -
Total Exclusions 763,515
©2016 Michael Coleman. Use with attribution.
Worksheet #3
Excluded Appropriations
Delano
Social Security
To Worksheets 4 and 8
City FY 2,023.00
Amount
a) Non-interest Tax Proceeds 24,258,351
b) Minus Exclusions 763,515
c) Net invested proceeds from taxes 23,494,836
d) Total revenue plus reserve withdrawls 56,528,054
e) Proceeds of taxes as a percentage of revenues 0.415631431 f) Interest earnings - Total 879,882
g) Amount of interest earned from "proceeds of taxes" 365,707 ©2016 Michael Coleman. Use with attribution.
from Worksheet #1
Worksheet #4
Interest Allocation
Delano
Source
from Worksheet #1
from Worksheet #3
a-b
e * f
c / d
To Worksheet 1
To Worksheet 1
5 City
For
Fiscal Year Jan 1
City
Population
Countywide
Population Jan 1
City
Population
Countywide
Population
City %
Change
County %
Change
1986-87 1985 19,200 466,500 1986 20,350 480,600 6.0% 3.0% 1987-88 1986 20,350 480,600 1987 20,500 492,900 0.7% 2.6% 1988-89 1987 20,500 492,900 1988 20,700 504,200 1.0% 2.3% 1989-90 1988 20,700 504,200 1989 21,850 518,300 5.6% 2.8% 1990-91 1989 21,850 518,300 1990 22,550 537,300 3.2% 3.7% 1991-92 1990 22,550 537,300 1991 23,500 581,031 4.2% 8.1% 1992-93 1991 23,500 581,031 1992 25,198 596,025 7.2% 2.6% 1993-94 1992 25,198 596,025 1993 26,413 606,886 4.8% 1.8% 1994-95 1993 26,413 606,886 1994 30,853 615,564 16.8% 1.4% 1995-96 1994 30,853 615,564 1995 32,417 622,389 5.1% 1.1% 1996-97 1995 32,417 622,389 1996 33,405 630,818 3.0% 1.4% 1997-98 1996 33,405 630,818 1997 34,897 638,250 4.5% 1.2% 1998-99 1997 34,897 638,250 1998 36,842 647,021 5.6% 1.4% 1999-00 1998 36,842 647,021 1999 37,528 661,653 1.9% 2.3% 2000-01 1999 37,528 661,653 2000 39,499 672,004 5.3% 1.6% 2001-02 2000 39,499 672,004 2001 39,800 688,063 0.8% 2.4% 2002-03 2001 39,800 688,063 2002 40,674 707,111 2.2% 2.8% 2003-04 2002 40,674 707,111 2003 41,845 728,872 2.9% 3.1% 2004-05 2003 41,845 728,872 2004 42,871 750,969 2.5% 3.0% 2005-06 2004 42,871 750,969 2005 44,353 774,062 3.5% 3.1% 2006-07 2005 44,353 774,062 2006 48,375 795,982 9.1% 2.8% 2007-08 2006 48,375 795,982 2007 51,876 812,830 7.2% 2.1% 2008-09 2007 51,876 812,830 2008 52,633 825,503 1.5% 1.6% 2009-10 2008 52,633 825,503 2009 52,801 837,074 0.3% 1.4% 2010-11 2009 52,801 837,074 2010 53,110 839,631 0.6% 0.3% 2011-12 2010 53,110 839,631 2011 53,041 847,237 -0.1% 0.9% 2012-13 2011 53,041 847,237 2012 52,005 856,092 -2.0% 1.0% 2013-14 2012 52,005 856,092 2013 51,963 865,688 -0.1% 1.1% 2014-15 2013 51,963 865,688 2014 52,591 872,936 1.2% 0.8% 2015-16 2014 52,591 872,936 2015 52,301 881,167 -0.6% 0.9% 2016-17 2015 52,301 881,167 2016 52,999 886,695 1.3% 0.6% 2017-18 2016 52,999 886,695 2017 53,152 896,031 0.3% 1.1% 2018-19 2017 53,152 896,031 2018 53,276 906,563 0.2% 1.2% 2019-20 2018 53,276 906,563 2019 53,936 916,464 1.2% 1.1% 2020-21 2019 53,936 916,464 2020 53,110 917,553 -1.5% 0.1% 2021-22 2020 53,110 917,553 2021 51,070 914,193 -3.8% -0.4% 2022-23 2021 50,045 907,324 2022 51,258 909,813 2.42% 0.3% Select highest population factor for the year (column e or f) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.
light blue shaded cells are computed
Worksheet #5
Population Changes
Delano
6 City
a b c d
NRAV ARpy = b ÷ c
Factors for
Fiscal Year published
Dollar Value
of New
Nonresidential
Construction in
the jurisdiction from …
Total
secured and
unsecured
assessment roll
in the jurisdiction for …
Source: County
Assessor
Source: County
Assessor
1987-88 3.47% May 1, 1987 1986 to 1987 1986
1988-89 4.66% May 1, 1988 1987 to 1988 1987
1989-90 5.19% May 1, 1989 1988 to 1989 1988
1990-91 4.21% May 1, 1990 1989 to 1990 1989
1991-92 4.14% May 1, 1991 1990 to 1991 1990
1992-93 -0.64% May 1, 1992 1991 to 1992 1991
1993-94 2.72% May 1, 1993 1992 to 1993 1992
1994-95 0.71% May 1, 1994 1993 to 1994 1993
1995-96 4.72% May 1, 1995 1994 to 1995 1994
1996-97 4.67% May 1, 1996 1995 to 1996 1995
1997-98 4.67% May 1, 1997 1996 to 1997 1996
1998-99 4.15% May 1, 1998 1997 to 1998 1997
1999-00 4.53% May 1, 1999 1998 to 1999 1998
2000-01 4.91% May 1, 2000 1999 to 2000 1999
2001-02 7.82% May 1, 2001 2000 to 2001 2000
2002-03 -1.27% May 1, 2002 2001 to 2002 2001
2003-04 2.31% May 1, 2003 2002 to 2003 2002
2004-05 3.28% May 1, 2004 2003 to 2004 2003
2005-06 5.26% May 1, 2005 2004 to 2005 2004
2006-07 3.96% May 1, 2006 2005 to 2006 2005
2007-08 4.42% May 1, 2007 2006 to 2007 2006
2008-09 4.29% May 1, 2008 2007 to 2008 2007
2009-10 0.62% May 1, 2009 2008 to 2009 2008
2010-11 -2.54% May 1, 2010 2009 to 2010 2009
2011-12 2.51% May 1, 2011 2010 to 2011 2010
2012-13 3.77% May 1, 2012 2011 to 2012 2011
2013-14 5.12% May 1, 2013 2012 to 2013 2012
2014-15 -0.23% May 1, 2014 2013 to 2014 1,469,250,524 2013 0.00% 2015-16 3.82% May 1, 2015 17,650,285 2014 to 2015 1,598,268,414 2014 1.10% 2016-17 5.37% May 1, 2016 21,396,993 2015 to 2016 1,737,420,200 2015 1.23% 2017-18 3.69% May 1, 2017 27,824,182 2016 to 2017 1,819,455,903 2016 1.53% 2018-19 3.67% May 1, 2018 14,672,031 2017 to 2018 1,899,846,466 2017 0.77% 2019-20 3.85% May 1, 2019 9,699,308 2018 to 2019 2,017,223,867 2018 0.48% 2020-21 3.73% May 1, 2020 6,610,801 2019 to 2020 2,111,358,261 2019 0.31% 2021-22 5.73% May 1, 2021 4,536,281 2020 to 2021 2,209,229,418 2020 0.21% 2022-23 7.55% May 1, 2022 7,123,533 2021 to 2022 2,300,742,346 2021 0.31% Select highest factor for the year (column a or d) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.
light blue shaded cells are computed
Worksheet #6
Cost of Living Adjustment Factors
Delano
Percentage
Change in
Per Capita
Personal
Income
Change in
assessment roll
due to addition of
local nonresidential
Source: Calif Dept of Finance new construction
City FY 2,023
Amount
a) Prior Year Appropriations Limit 37,010,372
b) Adjustment Factors percent ratio
1) Population Change 2.42% 1.024
Population in city or county? City
2) Cost of Living 7.55% 1.076
State CPI or % New non-residential? CPI
3) Combined adjustment factor 1.102
c) Adjusted Limit 40,769,448
d) Alterations
Transfer of Financial Responsibility
Transfer to Fees
Emergency
Voter Override
Total Alterations -
e) Appropriations Limit - Current Year 40,769,448
©2016 Michael Coleman. Use with attribution.
"city" or "county"
"CPI" or "%new non-resid AV"
Worksheet #7
Appropriations Limit
Source
Prior year schedules
Delano
Select from Worksheet 5
Select from Worksheet 6
b1 * b2
a * b3
sum of d
c + d
City FY 2,023.00
Amount
a) Proceeds of Taxes 24,624,058
b) Exclusions 763,515
c) Appropriations Subject to Limitation 23,860,543
d) Appropriations Limit (current year) 40,769,448
e) Under (Over) Limit 16,908,905
©2016 Michael Coleman. Use with attribution.
Source
Worksheet #8
Appropriations Subject to Limitation
Delano
d-c
Worksheet #1
Worksheet #3
a-b
Worksheet #7
SLOWING STATE POPULATION DECLINE PUTS
LATEST POPULATION AT 39,185,000
FOR IMMEDIATE RELEASE: CONTACT: Walter Schwarm
May 2, 2022 (916) 323-4086
H.D. Palmer
(916) 323-0648
SACRAMENTO— California’s population dipped slightly by 117,552 residents last year, bringing the state’s total to 39,185,605 people as of January 1, 2022, according to new population estimates and housing data released today by the California Department of Finance.
The 0.3-percent decline represents a slowing compared to the 0.59-percent decline over the ninemonth period between the April 2020 Census date and the year’s end.
As Baby Boomers age, and fertility declines among younger cohorts, the continuing slowdown in natural increase -- births minus deaths -- underlies the plateauing of the state’s population growth.
The addition of COVID-19-related deaths, federal policies restricting immigration, and an increase in domestic out-migration further affected population totals. Overall growth was also affected by continuing federal delays in processing foreign migration: while last year saw positive immigration (43,300), the level was below the average annual rate of 140,000 before the pandemic.
The report contains preliminary year-over-year January 2022 and revised January 2021 population data for California cities, counties, and the state. These estimates are based on information through January 1, 2022. Significant changes over the year include:
• While population growth remained strong in the interior counties of the Central Valley and the Inland Empire, the majority of counties saw declines, including every coastal county except San Luis Obispo, Santa Barbara, and Santa Cruz (due in part to college students returning to campus).
• Only two counties had growth above one percent: Yolo (1.8 percent), due to increases in college group quarters (dorms), and San Benito (1.1 percent), due to housing gains. Following in percentage growth were Modoc (1.0 percent), Tuolumne (0.9 percent), and Merced (0.9 percent) counties.
• Thirty-four of the state’s fifty-eight counties lost population. The ten largest percentage decreases occurred in Plumas (-3.2 percent), Lassen (-2.8 percent), Butte (-2.4 percent), Del Norte (-1.4 percent), Napa (-1.0 percent), San Mateo (-0.9 percent), Marin (-0.9 percent), Shasta (-0.8 percent), San Francisco (-0.8 percent), and Ventura (-0.8 percent). • The state’s three most populous counties all experienced population loss: Los Angeles declined by 70,114 persons (-0.7 percent), San Diego by 1,197 persons (-0.04 percent), and Orange by 7,297 persons (-0.2 percent).
Also of note in the report:
• 361 cities lost population, while 118 gained population and 3 had no change. • Of the ten largest cities in California, Bakersfield had the largest percentage gain in population (0.7 percent, or 2,736), followed by San Diego (0.2 percent, or 2,958). • Group quarters represent 2.3 percent (907,000) of the total state population. This population includes those living in college dormitories 240,000) and in correctional facilities (172,000). Between April 1, 2020 and January 1, 2021, California’s group quarters population decreased by 165,000 people or 17 percent, due principally to policies associated with COVID-19. The dormitory population dropped by 109,000 (45.0 percent). In 2021, however, college group quarters populations have returned to 98.9 percent of their 2020 Census levels with 240,000 students in dormitories, which restored populations in many college towns. Areas most affected by the pandemic-driven shift in college dormitory population between 2020 and 2021 based on total population growth include:
Unincorporated Yolo County (26.5 percent), Santa Cruz (11.3 percent), Albany (5.4 percent), Unincorporated Santa Barbara County (4.5 percent), Seaside (3.1 percent), and Irvine (3.0 percent).
• State prisons are generally located in remote areas; as a result, increases or decreases can account for significant changes in their respective area populations. For example, prison declines led to population decreases in Taft (-4.7 percent) in Kern County, Susanville (-9 percent) in Lassen County, and Crescent City (-4.1 percent) in Del Norte County.
Background Information:
These population estimates are produced annually by the Department of Finance for use by local areas to calculate their annual appropriations limit. The State Controller’s Office uses Finance's estimates to update their population figures for distribution of state subventions to cities and counties, and to comply with various state codes. Additionally, estimates are used for research and planning purposes by federal, state, and local agencies, the academic community, and the private sector.
These estimates reflect a state and county level revision of the preliminary January 1, 2021 estimates that were released in May 2021 and reflected a state population at 39,466,855 versus this year’s revised estimate of 39,303,157; a downward revision of 163,698. The primary causes are the change to a new Census 2020 benchmark, and higher migration estimates during the COVID-19 pandemic.
Changes to the housing stock are used in the preparation of the annual city population estimates.
Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new construction, demolitions, housing unit conversions, and annexations. The sub-county population estimates are then adjusted to be consistent with independently produced county estimates.
Comparing Census Bureau’s recently released July 1, 2021 estimates with Finance’s January 1, 2022 estimates should generally be avoided since they refer to different points in time. In addition, there are numerous differences between the two series including the effects of the wildfires, changes in migration patterns, accelerating slowdown in births, and excess deaths due to the COVID-19 pandemic that make comparisons difficult.
All Finance population and housing estimates are benchmarked to a decennial census. The estimates in this report are benchmarked to the 2020 decennial census.
Related population reports are available on the Department’s website:
http://www.dof.ca.gov/Forecasting/Demographics/
# # #
Department of Finance
Demographic Research Unit
Population Estimates for California Cities
10 Largest Cities
City Population Percent Change
January 1, 2022 2021-22
1. Los Angeles 3,819,538 -0.9
2. San Diego 1,374,790 0.2
3. San Jose 976,482 -1.5
4. San Francisco 842,754 -0.8
5. Fresno 543,660 0.2
6. Sacramento 518,037 -0.1
7. Long Beach 460,682 0.2
8. Oakland 424,464 -1.3
9. Bakersfield 408,865 0.7
10. Anaheim 341,245 -1.0
10 Fastest Growing Cities with Populations Over 30,000
City Population Percent Change
January 1, 2022 2021-22
1. Santa Cruz 64,075 11.3
2. Lathrop 31,331 6.6
3. Seaside 32,068 3.1
4. Irvine 310,250 3.0
5. Menifee 106,627 2.9
6. Berkeley 124,563 2.7
7. Stanton 39,275 2.6
8. Delano 51,258 2.4
9. Chino 91,998 2.4
10. Manteca 86,859 2.2
10 Cities Under 300,000 with the Largest Numeric Change City Population Numeric Change
January 1, 2022 2021-22
1. Santa Cruz 64,075 6,481
2. Berkeley 124,563 3,294
3. Menifee 106,627 3,010
4. Fontana 212,809 2,920
5. Ontario 179,516 2,827
6. Roseville 151,034 2,240
7. Chino 91,998 2,174
8. Clovis 123,665 1,998
9. Lathrop 31,331 1,947
10. Manteca 86,859 1,864
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change CALIFORNIA 39,303,157 39,185,605 -0.3
Alameda 1,662,370 1,651,979 -0.6
Alameda 78,262 77,784 -0.6
Albany 20,542 21,648 5.4
Berkeley 121,269 124,563 2.7
Dublin 73,209 72,932 -0.4
Emeryville 12,617 12,497 -1.0
Fremont 228,872 229,476 0.3
Hayward 161,744 160,591 -0.7
Livermore 87,388 86,149 -1.4
Newark 47,157 47,229 0.2
Oakland 430,100 424,464 -1.3
Piedmont 11,138 10,977 -1.4
Pleasanton 78,924 77,609 -1.7
San Leandro 89,926 88,404 -1.7
Union City 69,301 68,150 -1.7
Balance of County 151,921 149,506 -1.6
Alpine 1,195 1,200 0.4
Amador 40,287 40,297 0.0
Amador 193 191 -1.0
Ione 8,722 8,888 1.9
Jackson 5,028 5,028 0.0
Plymouth 1,056 1,045 -1.0
Sutter Creek 2,640 2,620 -0.8
Balance of County 22,648 22,525 -0.5
Butte 206,640 201,608 -2.4
Biggs 1,974 1,939 -1.8
Chico 102,359 102,892 0.5
Gridley 7,413 7,205 -2.8
Oroville 20,119 18,863 -6.2
Paradise 6,137 7,705 25.5
Balance of County 68,638 63,004 -8.2
Calaveras 45,250 45,049 -0.4
Angels City 3,641 3,623 -0.5
Balance of County 41,609 41,426 -0.4
Colusa 21,773 21,807 0.2
Colusa 6,356 6,383 0.4
Williams 5,530 5,563 0.6
Balance of County 9,887 9,861 -0.3
Contra Costa 1,161,324 1,156,555 -0.4
Antioch 115,142 115,074 -0.1
Brentwood 64,224 64,342 0.2
Clayton 10,964 10,863 -0.9
Concord 124,755 123,634 -0.9
Danville 43,373 43,352 0.0
El Cerrito 25,671 25,650 -0.1
Hercules 26,357 26,091 -1.0
Lafayette 25,217 25,064 -0.6
Martinez 37,195 36,908 -0.8
Moraga 17,206 17,105 -0.6
Oakley 43,627 44,533 2.1
Orinda 19,496 19,478 -0.1
Pinole 18,819 18,628 -1.0
Pittsburg 75,788 75,156 -0.8
Pleasant Hill 34,335 34,026 -0.9
Richmond 114,643 114,489 -0.1
San Pablo 31,793 31,510 -0.9
San Ramon 84,226 83,820 -0.5
Walnut Creek 70,566 69,891 -1.0
Balance of County 177,927 176,941 -0.6
Del Norte 27,593 27,218 -1.4
Crescent City 6,320 6,060 -4.1
Balance of County 21,273 21,158 -0.5
El Dorado 191,054 190,465 -0.3
Placerville 10,636 10,646 0.1
South Lake Tahoe 21,508 21,199 -1.4
Balance of County 158,910 158,620 -0.2
Fresno 1,009,231 1,011,273 0.2
Clovis 121,667 123,665 1.6
Coalinga 17,520 17,277 -1.4
Firebaugh 8,164 8,439 3.4
Fowler 6,863 6,962 1.4
Fresno 542,720 543,660 0.2
Huron 6,176 6,170 -0.1
Kerman 16,074 16,639 3.5
Kingsburg 12,533 12,506 -0.2
Mendota 12,499 12,440 -0.5
Orange Cove 9,553 9,497 -0.6
Parlier 14,553 14,497 -0.4
Reedley 24,929 24,982 0.2
Sanger 26,558 26,304 -1.0
San Joaquin 3,674 3,639 -1.0
Selma 24,702 24,522 -0.7
Balance of County 161,046 160,074 -0.6
Glenn 28,788 28,750 -0.1
Orland 8,319 8,267 -0.6
Willows 6,345 6,427 1.3
Balance of County 14,124 14,056 -0.5
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Humboldt 135,553 135,168 -0.3
Arcata 17,633 18,059 2.4
Blue Lake 1,165 1,151 -1.2
Eureka 27,134 26,768 -1.3
Ferndale 1,376 1,367 -0.7
Fortuna 12,523 12,432 -0.7
Rio Dell 3,380 3,342 -1.1
Trinidad 300 296 -1.3
Balance of County 72,042 71,753 -0.4
Imperial 179,488 179,329 -0.1
Brawley 26,648 26,952 1.1
Calexico 38,906 38,711 -0.5
Calipatria 6,465 6,367 -1.5
El Centro 44,871 44,508 -0.8
Holtville 5,504 5,565 1.1
Imperial 20,755 21,513 3.7
Westmorland 2,017 2,004 -0.6
Balance of County 34,322 33,709 -1.8
Inyo 18,982 18,978 0.0
Bishop 3,868 3,869 0.0
Balance of County 15,114 15,109 0.0
Kern 907,324 909,813 0.3
Arvin 19,833 19,639 -1.0
Bakersfield 406,129 408,865 0.7
California City 14,942 14,952 0.1
Delano 50,045 51,258 2.4
Maricopa 1,028 1,018 -1.0
McFarland 14,034 13,902 -0.9
Ridgecrest 28,059 28,061 0.0
Shafter 19,950 20,486 2.7
Taft 7,355 7,011 -4.7
Tehachapi 12,260 12,375 0.9
Wasco 25,235 26,689 5.8
Balance of County 308,454 305,557 -0.9
Kings 151,059 152,023 0.6
Avenal 12,750 13,186 3.4
Corcoran 20,807 22,047 6.0
Hanford 58,544 58,299 -0.4
Lemoore 27,225 27,058 -0.6
Balance of County 31,733 31,433 -0.9
Lake 67,651 67,407 -0.4
Clearlake 16,671 16,509 -1.0
Lakeport 4,898 4,999 2.1
Balance of County 46,082 45,899 -0.4
Lassen 31,132 30,274 -2.8
Susanville 14,514 13,212 -9.0
Balance of County 16,618 17,062 2.7
Los Angeles 9,931,338 9,861,224 -0.7
Agoura Hills 19,975 19,771 -1.0
Alhambra 82,182 81,834 -0.4
Arcadia 56,240 55,934 -0.5
Artesia 16,347 16,226 -0.7
Avalon 3,428 3,394 -1.0
Azusa 50,191 49,704 -1.0
Baldwin Park 71,455 70,855 -0.8
Bell 33,962 33,624 -1.0
Bellflower 78,107 77,359 -1.0
Bell Gardens 39,265 38,861 -1.0
Beverly Hills 32,565 32,265 -0.9
Bradbury 914 904 -1.1
Burbank 106,268 105,451 -0.8
Calabasas 23,151 22,926 -1.0
Carson 92,912 92,362 -0.6
Cerritos 49,163 48,634 -1.1
Claremont 37,364 37,072 -0.8
Commerce 12,273 12,140 -1.1
Compton 95,261 94,233 -1.1
Covina 50,933 50,449 -1.0
Cudahy 22,526 22,318 -0.9
Culver City 40,330 40,135 -0.5
Diamond Bar 54,782 54,204 -1.1
Downey 113,525 112,584 -0.8
Duarte 21,473 21,258 -1.0
El Monte 108,728 107,706 -0.9
El Segundo 17,244 17,084 -0.9
Gardena 60,382 59,947 -0.7
Glendale 194,618 193,116 -0.8
Glendora 52,316 51,821 -0.9
Hawaiian Gardens 13,755 13,619 -1.0
Hawthorne 87,722 86,841 -1.0
Hermosa Beach 19,382 19,171 -1.1
Hidden Hills 1,736 1,738 0.1
Huntington Park 54,519 53,942 -1.1
Industry 440 438 -0.5
Inglewood 107,143 106,481 -0.6
Irwindale 1,482 1,490 0.5
La Canada
Flintridge 20,291 20,081 -1.0
La Habra Heights 5,655 5,594 -1.1
Lakewood 81,681 80,876 -1.0
La Mirada 49,074 48,696 -0.8
Lancaster 176,166 175,164 -0.6
La Puente 37,626 37,587 -0.1
La Verne 32,608 32,304 -0.9
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Lawndale 31,638 31,301 -1.1
Lomita 20,851 20,633 -1.0
Long Beach 459,757 460,682 0.2
Los Angeles 3,853,323 3,819,538 -0.9
Lynwood 67,260 66,723 -0.8
Malibu 10,739 10,686 -0.5
Manhattan Beach 35,357 34,902 -1.3
Maywood 25,033 24,814 -0.9
Monrovia 37,809 37,563 -0.7
Montebello 62,180 61,622 -0.9
Monterey Park 60,814 60,207 -1.0
Norwalk 102,356 101,645 -0.7
Palmdale 168,895 167,398 -0.9
Palos Verdes
Estates 13,116 12,980 -1.0
Paramount 53,009 52,477 -1.0
Pasadena 139,029 138,310 -0.5
Pico Rivera 61,827 61,442 -0.6
Pomona 148,879 149,766 0.6
Rancho Palos
Verdes 41,878 41,468 -1.0
Redondo Beach 69,742 68,972 -1.1
Rolling Hills 1,703 1,684 -1.1
Rolling Hills Estates 8,283 8,289 0.1
Rosemead 50,823 50,511 -0.6
San Dimas 34,651 34,352 -0.9
San Fernando 23,520 23,519 0.0
San Gabriel 39,250 38,845 -1.0
San Marino 12,334 12,257 -0.6
Santa Clarita 228,084 228,835 0.3
Santa Fe Springs 18,568 18,763 1.1
Santa Monica 93,242 92,408 -0.9
Sierra Madre 10,959 10,865 -0.9
Signal Hill 11,702 11,597 -0.9
South El Monte 19,532 19,668 0.7
South Gate 92,783 93,259 0.5
South Pasadena 26,849 26,580 -1.0
Temple City 36,497 36,262 -0.6
Torrance 145,876 144,433 -1.0
Vernon 210 208 -1.0
Walnut 28,344 28,094 -0.9
West Covina 109,290 108,243 -1.0
West Hollywood 35,553 35,399 -0.4
Westlake Village 8,121 8,043 -1.0
Whittier 87,886 87,931 0.1
Balance of County 1,016,626 1,009,857 -0.7
Madera 156,385 157,396 0.6
Chowchilla 18,412 18,851 2.4
Madera 66,299 65,843 -0.7
Balance of County 71,674 72,702 1.4
Marin 259,512 257,135 -0.9
Belvedere 2,103 2,080 -1.1
Corte Madera 10,147 10,028 -1.2
Fairfax 7,496 7,418 -1.0
Larkspur 12,963 12,797 -1.3
Mill Valley 14,002 13,850 -1.1
Novato 53,008 52,441 -1.1
Ross 2,330 2,301 -1.2
San Anselmo 12,772 12,645 -1.0
San Rafael 61,179 60,560 -1.0
Sausalito 7,159 7,072 -1.2
Tiburon 9,065 8,956 -1.2
Balance of County 67,288 66,987 -0.4
Mariposa 17,066 17,045 -0.1
Mendocino 90,669 89,999 -0.7
Fort Bragg 7,064 7,153 1.3
Point Arena 446 443 -0.7
Ukiah 16,228 16,080 -0.9
Willits 4,959 4,920 -0.8
Balance of County 61,972 61,403 -0.9
Merced 281,874 284,338 0.9
Atwater 32,019 31,652 -1.1
Dos Palos 5,835 5,715 -2.1
Gustine 6,098 5,981 -1.9
Livingston 14,340 14,410 0.5
Los Banos 46,168 46,639 1.0
Merced 88,200 89,058 1.0
Balance of County 89,214 90,883 1.9
Modoc 8,606 8,690 1.0
Alturas 2,699 2,726 1.0
Balance of County 5,907 5,964 1.0
Mono 13,299 13,379 0.6
Mammoth Lakes 7,324 7,365 0.6
Balance of County 5,975 6,014 0.7
Monterey 435,721 433,716 -0.5
Carmel-by-the-Sea 3,095 3,041 -1.7
Del Rey Oaks 1,558 1,539 -1.2
Gonzales 8,492 8,340 -1.8
Greenfield 18,705 19,634 5.0
King City 13,476 13,331 -1.1
Marina 21,271 21,457 0.9
Monterey 28,347 28,082 -0.9
Pacific Grove 14,942 14,761 -1.2
Salinas 161,777 159,932 -1.1
Sand City 378 372 -1.6
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Seaside 31,113 32,068 3.1
Soledad 26,316 26,308 0.0
Balance of County 106,251 104,851 -1.3
Napa 137,518 136,179 -1.0
American Canyon 21,566 21,658 0.4
Calistoga 5,283 5,199 -1.6
Napa 78,246 77,480 -1.0
St Helena 5,521 5,437 -1.5
Yountville 2,942 2,829 -3.8
Balance of County 23,960 23,576 -1.6
Nevada 101,919 101,242 -0.7
Grass Valley 13,670 13,617 -0.4
Nevada City 3,386 3,334 -1.5
Truckee 17,035 17,100 0.4
Balance of County 67,828 67,191 -0.9
Orange 3,169,542 3,162,245 -0.2
Aliso Viejo 51,233 50,782 -0.9
Anaheim 344,604 341,245 -1.0
Brea 47,097 46,872 -0.5
Buena Park 83,968 83,430 -0.6
Costa Mesa 112,183 111,394 -0.7
Cypress 50,029 49,810 -0.4
Dana Point 33,053 32,943 -0.3
Fountain Valley 57,068 56,564 -0.9
Fullerton 141,974 142,732 0.5
Garden Grove 171,284 170,526 -0.4
Huntington Beach 197,616 196,100 -0.8
Irvine 301,254 310,250 3.0
Laguna Beach 22,862 22,706 -0.7
Laguna Hills 31,017 30,750 -0.9
Laguna Niguel 64,885 64,316 -0.9
Laguna Woods 17,670 17,514 -0.9
La Habra 62,317 61,792 -0.8
Lake Forest 86,406 86,775 0.4
La Palma 15,463 15,332 -0.8
Los Alamitos 11,895 11,873 -0.2
Mission Viejo 93,171 92,515 -0.7
Newport Beach 84,459 83,727 -0.9
Orange 137,534 137,676 0.1
Placentia 51,522 51,204 -0.6
Rancho Santa
Margarita 47,703 47,279 -0.9
San Clemente 63,877 63,380 -0.8
San Juan
Capistrano 34,907 34,798 -0.3
Santa Ana 311,340 308,459 -0.9
Seal Beach 25,002 24,846 -0.6
Stanton 38,284 39,275 2.6
Tustin 80,157 79,535 -0.8
Villa Park 5,834 5,782 -0.9
Westminster 90,812 90,393 -0.5
Yorba Linda 67,760 67,233 -0.8
Balance of County 133,302 132,437 -0.6
Placer 407,517 409,025 0.4
Auburn 13,795 13,608 -1.4
Colfax 2,016 2,042 1.3
Lincoln 50,422 51,252 1.6
Loomis 6,833 6,739 -1.4
Rocklin 71,644 71,663 0.0
Roseville 148,794 151,034 1.5
Balance of County 114,013 112,687 -1.2
Plumas 19,574 18,942 -3.2
Portola 2,027 2,042 0.7
Balance of County 17,547 16,900 -3.7
Riverside 2,424,587 2,435,525 0.5
Banning 30,629 30,877 0.8
Beaumont 54,313 54,690 0.7
Blythe 17,470 17,505 0.2
Calimesa 10,544 10,899 3.4
Canyon Lake 11,147 11,056 -0.8
Cathedral City 51,898 51,840 -0.1
Coachella 42,178 42,158 0.0
Corona 156,901 156,778 -0.1
Desert Hot Springs 32,546 32,569 0.1
Eastvale 70,444 69,929 -0.7
Hemet 89,823 89,646 -0.2
Indian Wells 4,771 4,762 -0.2
Indio 88,862 89,137 0.3
Jurupa Valley 105,415 105,384 0.0
Lake Elsinore 70,891 71,615 1.0
La Quinta 37,949 37,860 -0.2
Menifee 103,617 106,627 2.9
Moreno Valley 209,603 209,407 -0.1
Murrieta 111,671 111,183 -0.4
Norco 24,563 24,909 1.4
Palm Desert 50,976 50,889 -0.2
Palm Springs 44,570 44,397 -0.4
Perris 79,327 78,890 -0.6
Rancho Mirage 16,650 16,804 0.9
Riverside 312,789 317,847 1.6
San Jacinto 54,503 54,593 0.2
Temecula 110,394 109,925 -0.4
Wildomar 36,928 36,632 -0.8
Balance of County 393,215 396,717 0.9
Sacramento 1,580,624 1,576,618 -0.3
Citrus Heights 87,245 86,367 -1.0
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Elk Grove 176,769 176,972 0.1
Folsom 83,075 84,592 1.8
Galt 25,383 25,239 -0.6
Isleton 790 780 -1.3
Rancho Cordova 79,536 80,359 1.0
Sacramento 518,322 518,037 -0.1
Balance of County 609,504 604,272 -0.9
San Benito 64,769 65,479 1.1
Hollister 41,919 42,554 1.5
San Juan Bautista 2,120 2,093 -1.3
Balance of County 20,730 20,832 0.5
San Bernardino 2,182,343 2,187,665 0.2
Adelanto 36,569 36,357 -0.6
Apple Valley 76,160 75,628 -0.7
Barstow 25,405 25,202 -0.8
Big Bear Lake 5,054 5,041 -0.3
Chino 89,824 91,998 2.4
Chino Hills 78,437 77,964 -0.6
Colton 53,853 53,617 -0.4
Fontana 209,889 212,809 1.4
Grand Terrace 13,131 13,042 -0.7
Hesperia 100,225 100,324 0.1
Highland 56,915 56,546 -0.6
Loma Linda 25,310 25,349 0.2
Montclair 38,052 37,846 -0.5
Needles 4,915 4,876 -0.8
Ontario 176,689 179,516 1.6
Rancho
Cucamonga 174,484 174,476 0.0
Redlands 72,933 72,585 -0.5
Rialto 104,050 103,954 -0.1
San Bernardino 222,024 220,840 -0.5
Twentynine Palms 27,486 27,685 0.7
Upland 78,891 79,139 0.3
Victorville 134,700 136,561 1.4
Yucaipa 54,830 54,494 -0.6
Yucca Valley 21,846 21,813 -0.2
Balance of County 300,671 300,003 -0.2
San Diego 3,288,503 3,287,306 0.0
Carlsbad 115,680 115,585 -0.1
Chula Vista 276,922 276,785 0.0
Coronado 22,611 22,277 -1.5
Del Mar 3,957 3,929 -0.7
El Cajon 106,447 105,638 -0.8
Encinitas 61,724 61,515 -0.3
Escondido 151,389 150,679 -0.5
Imperial Beach 26,448 26,243 -0.8
La Mesa 60,608 60,472 -0.2
Lemon Grove 27,422 27,242 -0.7
National City 61,755 61,471 -0.5
Oceanside 173,932 173,048 -0.5
Poway 48,850 48,759 -0.2
San Diego 1,371,832 1,374,790 0.2
San Marcos 92,958 93,585 0.7
Santee 59,146 59,015 -0.2
Solana Beach 12,909 12,812 -0.8
Vista 99,536 100,291 0.8
Balance of County 514,377 513,170 -0.2
San Francisco 849,475 842,754 -0.8
San Joaquin 782,372 784,298 0.2
Escalon 7,439 7,362 -1.0
Lathrop 29,384 31,331 6.6
Lodi 66,145 66,570 0.6
Manteca 84,995 86,859 2.2
Ripon 16,162 15,979 -1.1
Stockton 323,884 322,489 -0.4
Tracy 93,624 94,538 1.0
Balance of County 160,739 159,170 -1.0
San Luis Obispo 279,710 280,721 0.4
Arroyo Grande 18,533 18,294 -1.3
Atascadero 30,823 30,480 -1.1
El Paso de Robles 31,659 31,176 -1.5
Grover Beach 12,879 12,707 -1.3
Morro Bay 10,638 10,466 -1.6
Pismo Beach 8,095 7,981 -1.4
San Luis Obispo 47,541 47,653 0.2
Balance of County 119,542 121,964 2.0
San Mateo 751,596 744,662 -0.9
Atherton 6,806 6,718 -1.3
Belmont 27,587 27,203 -1.4
Brisbane 4,789 4,721 -1.4
Burlingame 30,699 30,283 -1.4
Colma 1,391 1,370 -1.5
Daly City 103,930 102,875 -1.0
East Palo Alto 29,423 28,963 -1.6
Foster City 33,325 33,056 -0.8
Half Moon Bay 11,462 11,308 -1.3
Hillsborough 11,110 11,018 -0.8
Menlo Park 33,509 33,034 -1.4
Millbrae 22,807 22,512 -1.3
Pacifica 38,088 37,533 -1.5
Portola Valley 4,355 4,289 -1.5
Redwood City 81,771 82,344 0.7
San Bruno 43,169 42,656 -1.2
San Carlos 30,207 29,837 -1.2
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change San Mateo 104,719 103,779 -0.9
South San Francisco 65,090 64,492 -0.9
Woodside 5,271 5,212 -1.1
Balance of County 62,088 61,459 -1.0
Santa Barbara 443,674 445,164 0.3
Buellton 5,185 5,055 -2.5
Carpinteria 13,267 12,963 -2.3
Goleta 33,315 32,591 -2.2
Guadalupe 8,622 8,544 -0.9
Lompoc 44,044 43,845 -0.5
Santa Barbara 88,499 86,591 -2.2
Santa Maria 110,969 109,910 -1.0
Solvang 5,858 5,709 -2.5
Balance of County 133,915 139,956 4.5
Santa Clara 1,907,693 1,894,783 -0.7
Campbell 43,086 42,833 -0.6
Cupertino 59,884 59,610 -0.5
Gilroy 59,396 59,269 -0.2
Los Altos 31,651 31,526 -0.4
Los Altos Hills 8,414 8,400 -0.2
Los Gatos 33,193 33,062 -0.4
Milpitas 80,287 80,839 0.7
Monte Sereno 3,458 3,488 0.9
Morgan Hill 46,626 46,451 -0.4
Mountain View 83,128 83,864 0.9
Palo Alto 67,422 67,473 0.1
San Jose 991,144 976,482 -1.5
Santa Clara 129,122 130,127 0.8
Saratoga 30,772 30,667 -0.3
Sunnyvale 155,326 156,234 0.6
Balance of County 84,784 84,458 -0.4
Santa Cruz 266,553 266,564 0.0
Capitola 10,112 9,794 -3.1
Santa Cruz 57,594 64,075 11.3
Scotts Valley 12,407 12,049 -2.9
Watsonville 52,147 50,669 -2.8
Balance of County 134,293 129,977 -3.2
Shasta 182,020 180,531 -0.8
Anderson 11,181 11,088 -0.8
Redding 93,879 92,963 -1.0
Shasta Lake 10,318 10,237 -0.8
Balance of County 66,642 66,243 -0.6
Sierra 3,225 3,229 0.1
Loyalton 737 737 0.0
Balance of County 2,488 2,492 0.2
Siskiyou 43,931 43,830 -0.2
Dorris 859 847 -1.4
Dunsmuir 1,705 1,681 -1.4
Etna 684 674 -1.5
Fort Jones 694 684 -1.4
Montague 1,232 1,215 -1.4
Mount Shasta 3,247 3,204 -1.3
Tulelake 899 886 -1.4
Weed 2,826 2,828 0.1
Yreka 7,777 7,772 -0.1
Balance of County 24,008 24,039 0.1
Solano 449,964 447,241 -0.6
Benicia 26,995 26,656 -1.3
Dixon 19,094 19,083 -0.1
Fairfield 120,421 119,897 -0.4
Rio Vista 9,961 9,925 -0.4
Suisun City 29,266 28,896 -1.3
Vacaville 101,286 101,257 0.0
Vallejo 124,410 123,190 -1.0
Balance of County 18,531 18,337 -1.0
Sonoma 484,674 482,404 -0.5
Cloverdale 9,029 8,905 -1.4
Cotati 7,512 7,397 -1.5
Healdsburg 11,174 11,030 -1.3
Petaluma 59,756 58,945 -1.4
Rohnert Park 44,287 43,998 -0.7
Santa Rosa 177,396 175,775 -0.9
Sebastopol 7,520 7,489 -0.4
Sonoma 10,755 10,779 0.2
Windsor 26,134 25,942 -0.7
Balance of County 131,111 132,144 0.8
Stanislaus 551,737 549,466 -0.4
Ceres 48,762 48,386 -0.8
Hughson 7,495 7,495 0.0
Modesto 218,745 217,880 -0.4
Newman 12,326 12,244 -0.7
Oakdale 23,110 23,071 -0.2
Patterson 23,839 24,370 2.2
Riverbank 24,735 24,583 -0.6
Turlock 71,734 71,531 -0.3
Waterford 8,944 8,872 -0.8
Balance of County 112,047 111,034 -0.9
Sutter 98,908 99,145 0.2
Live Oak 9,191 9,394 2.2
Yuba City 69,614 69,663 0.1
Balance of County 20,103 20,088 -0.1
E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent Total Population Percent
JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Tehama 65,374 65,052 -0.5
Corning 8,157 8,100 -0.7
Red Bluff 14,698 14,605 -0.6
Tehama 427 424 -0.7
Balance of County 42,092 41,923 -0.4
Trinity 16,050 16,023 -0.2
Tulare 474,032 475,014 0.2
Dinuba 24,872 25,127 1.0
Exeter 10,305 10,257 -0.5
Farmersville 10,308 10,239 -0.7
Lindsay 12,624 12,566 -0.5
Porterville 62,515 62,345 -0.3
Tulare 69,229 69,462 0.3
Visalia 141,279 142,091 0.6
Woodlake 7,513 7,648 1.8
Balance of County 135,387 135,279 -0.1
Tuolumne 54,791 55,291 0.9
Sonora 5,121 5,144 0.4
Balance of County 49,670 50,147 1.0
Ventura 840,093 833,652 -0.8
Camarillo 70,739 70,171 -0.8
Fillmore 16,681 16,469 -1.3
Moorpark 35,821 35,399 -1.2
Ojai 7,523 7,466 -0.8
Oxnard 200,480 200,050 -0.2
Port Hueneme 22,188 21,599 -2.7
San Buenaventura 109,821 108,231 -1.4
Santa Paula 30,629 30,892 0.9
Simi Valley 126,478 124,985 -1.2
Thousand Oaks 125,995 124,592 -1.1
Balance of County 93,738 93,798 0.1
Yolo 217,237 221,165 1.8
Davis 66,687 64,869 -2.7
West Sacramento 53,776 52,837 -1.7
Winters 7,399 7,422 0.3
Woodland 60,999 60,137 -1.4
Balance of County 28,376 35,900 26.5
Yuba 81,988 82,275 0.4
Marysville 13,003 12,824 -1.4
Wheatland 3,708 3,664 -1.2
Balance of County 65,277 65,787 0.8
Top 10 Cities Based on Housing Unit Growth
Total Numeric Housing Unit Growth
Rank City County Total HU
1 Los Angeles Los Angeles 14,493
2 San Diego San Diego 6,378
3 San Francisco San Francisco 4,497
4 Oakland Alameda 3,551
5 Irvine Orange 2,775
6 Bakersfield Kern 2,209
7 Roseville Placer 1,892
8 Sacramento Sacramento 1,698
9 Fresno Fresno 1,644
10 Fremont Alameda 1,642
Numeric Single-Family Housing Unit Growth
Rank City County Total HU
1 Bakersfield Kern 1,544
2 Los Angeles Los Angeles 1,500
3 Menifee Riverside 1,425
4 Roseville Placer 1,414
5 Irvine Orange 1,361
6 Fresno Fresno 1,230
7 Clovis Fresno 1,112
8 Sacramento Sacramento 903
9 Ontario San Diego 862
10 Lathrop San Joaquin 821
Numeric Multi-Family Housing Unit Growth
Rank City County Total HU
1 Los Angeles Los Angeles 12,993
2 San Diego San Diego 5,628
3 San Francisco San Francisco 4,596
4 Oakland Alameda 3,494
5 Fremont Alameda 1,561
6 Irvine Orange 1,414
7 Long Beach Los Angeles 1,184
8 San Jose Santa Clara 1,091
9 Sacramento Sacramento 795
10 Sunnyvale Santa Clara 686
Percent Total Housing Unit Growth
Rank City County Total HU
1 Paradise Butte 23.36%
2 Lathrop San Joaquin 10.07%
3 Greenfield Monterey 9.71%
4 Imperial Imperial 5.27%
5 Ione Amador 4.99%
6 Kerman Fresno 4.52%
7 Firebaugh Fresno 4.37%
8 Calimesa Riverside 4.29%
9 Patterson Stanislaus 3.88%
10 Menifee Riverside 3.87%
Percent Single-Family Housing Unit Growth
Rank City County Total HU
1 Paradise Butte 21.46%
2 Lathrop San Joaquin 10.97%
3 Firebaugh Fresno 6.25%
4 Calimesa Riverside 6.11%
5 Greenfield Monterey 5.66%
6 Ione Amador 5.46%
7 Winters Yolo 4.46%
8 Menifee Riverside 4.31%
9 Colfax Placer 4.27%
10 Kerman Fresno 4.19%
Percent Multi-Family Housing Unit Growth
Rank City County Total HU
1 Atherton San Mateo 80%
2 Los Altos Hills Santa Clara 44.44%
3 American Canyon Napa 38.59%
4 Hillsborough San Mateo 29.79%
5 Patterson Stanislaus 29.68%
6 Greenfield Monterey 26.67%
7 San Marino Los Angeles 20%
8 Danville Contra Costa 14.66%
9 Lakeport Lake 14.18%
10 Holtville Imperial 13.95%
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO
DETERMINING THE CALCULATION AND ACCEPTING THE GANN
APPROPRIATIONS LIMIT REPORT FOR THE FISCAL YEAR 2022-2023 WHEREAS, Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Limit, was adopted by California voters in 1980 and placed limits on the amount of proceeds of taxes that state and local governmental agencies can receive and appropriate (authorize to spend) each year; and WHEREAS, under Article XIIIB of the Constitution of the State of California, the City of Delano (City) may not appropriate any proceeds of taxes in excess of its appropriations limit (Limit); and
WHEREAS, pursuant to Government Code Section 37200, the calculation of the Limit and the total appropriations subject to the limit were set forth in the biennial budget of the City for Fiscal Year 2022 & 2023, which was adopted by City Council on September 2, 2021; and
WHEREAS, pursuant to Government Code sections 7901 and 7910, the final calculation of the Limit has been determined, and the adjustment factors on which the calculation is based are a 7.55% percent change in California per capita income and a 2.42% percent change in the population growth for the City of Delano; and WHEREAS, the documentation used in the determination of the Limit has been made available to the general public for fifteen (15) days prior to the date of adoption of this resolution; and
WHEREAS, according to the final calculation, the City’s net appropriations subject to limitation are approximately $40,769,448.
For the Fiscal Year 2022-2023 the City’s estimated tax proceeds to be received, as well as tax proceeds appropriated by the City Council, will be under the legal limit.
NOW, THEREFORE, the Council of the City of Delano does RESOLVE as follows:
SECTION 1 The Council of the City of Delano hereby finds that, for Fiscal Year 2023, the final calculation of the Appropriations limit of the City of Delano has been determined in accordance with the adjustment factors referred to above, the documentation used in the determination of the calculation has been made available to the general public for the period of fifteen days as required by law, and the City’s appropriations subject to limitation are under the Limit by approximately $16,908,905.
SECTION 2 The City Council accepts the Gann Appropriations limit report for fiscal year 2022-2023, a copy of which attached hereto as Exhibit A.
SECTION 3 The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act, and therefore, no environmental assessment is necessary.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 6th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Brian Osorio, Mayor
ATTEST:
_______________________________
Ricardo G. Chavez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 17
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
Rachel Richman, City Attorney
SUBJECT: Consideration of Adopting a Resolution to Permit a Hybrid Attendance Option for City Councilmembers and other City Legislative Body Meetings Pursuant to AB-361 for Next 30 days
Recommendation
Staff recommends the Delano City Council consider and vote whether to adopt the attached Resolution determining the option for attendance via hybrid should continue as provided for under AB 361 due to imminent safety risks to certain segments of the Delano community of meeting in person due to COVID-19 and its variants.
Discussion
AB 361 was signed by Governor Newsom in September of 2021. It amends the Brown Act to allow local legislative bodies to continue having meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expired September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment; however, the City of Delano’s practices with respect to live public comment via Zoom already satisfy all of the new requirements. Additionally, the City must make findings and adopt a resolution by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person every 30 days.
Attachments
Resolution
RESOLUTION NO. 2022-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO,
CALIFORNIA AUTHORIZING IMPLEMENTATION OF HYBRID PUBLIC
MEETINGS OF THE CITY COUNCIL, CITY COMMISSIONS AND CITY COMMITTEES PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the City of Delano (“City”) is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Delano’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings as a result of a proclaimed state of emergency; and WHEREAS, COVID-19 continues to threaten the health and lives of Delano residents and state and local health officials continue to recommend or require precautions be taken including, but not limited to, masking, limiting prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for those with compromised health conditions or those without vaccines, limiting attendance at functions indoors; and WHEREAS, state and local officials continue to recommend social distancing to protect the community’s health against the spread of COVID-19; and
WHEREAS, the Omicron variant and other variants continue to emerge and are highly transmissible in indoor settings and COVID-19 cases in Kern County are rising; and WHEREAS, hospitalizations are again increasing throughout Kern County; and WHEREAS, the City Council, its Commissions and Committees have met periodically by video conference since the beginning of the COVID-19 Pandemic and have found it to be an effective method of receiving public input, holding deliberations, and conducting the general business of the City; and
WHEREAS, the City Council desires to allow hybrid meetings in the event a member of the City’s legislative bodies has a health concern supporting physical absence from the public meeting; and
WHEREAS, the hybrid meeting model allows each individual member of the City’s legislative bodies to assess his or her own risk, and the risk he or she may pose to others, prior to attending a meeting; and
WHEREAS, the hybrid meeting model also provides those that wish to attend meetings in person the ability to do so; and
WHEREAS, the City Council considered the imminent risk to the health and safety of attendees at in person meetings and the distancing measures required and recommended by federal, state and local health officials; and
WHEREAS, after such consideration, the City Council finds that permitting meetings in hybrid format is necessary due to the ongoing threat of COVID-19; and WHEREAS, pursuant to Government Code § 54953(e)(3), a legislative body that holds a meeting pursuant to AB 361 must reconsider the circumstances of the state of emergency and make findings every 30 days.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Delano that:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council.
SECTION 2. The City continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention, California Department of Public Health, and/or County of Kern, as applicable. Based upon that guidance, in person attendance indoors at public meetings continues to present an imminent health risk for certain segments of the City’s population, necessitating teleconferencing when needed to allow for meaningful participation options for all City constituents and its elected and appointed officials.
The state of emergency related to the COVID-19 pandemic continues to directly impact the ability to meet safely in person. The California Department of Public Health strongly recommends that everyone wear face coverings in indoor public settings and take other social distancing measures to prevent COVID-19 transmission.
SECTION 3. Holding hybrid meetings will reduce the possibility of COVID-19 transmission during those meetings by allowing those who are potentially suffering COVID-19 symptoms to participate in meetings without physically attending. Based upon these facts and the guidance provided by the aforementioned entities, in person attendance indoors at public meetings continues to present an imminent risk to the health and safety of attendees and those attendees have close contact with after attending a meeting in person. The City Council desires to ensure that all persons attending public meetings may do so in a manner that protects the health and safety of the attendees, their families and other close contacts. Hybrid meetings will provide increased meaningful participation options for both members of the City’s legislative bodies and members of the public in a manner that protects the health and safety of the attendees, their families and other close contacts.
SECTION 4. The City Council hereby declares that, pursuant to the findings in Sections 1 through 3, the City Council, its Commissions and Committees are authorized to conduct hybrid public meetings pursuant to AB 361 and Government Code § 54953, in the event a member of the City Council, City Commission or Committee has a legitimate health reason supporting physical absence from the public meeting. These legislative bodies of the City are not subject to the Brown Act provisions related to remote participation; specifically that notice of the meeting be posted at, and that the public be allowed to attend and participate from, the remote location from which the member of the body is participating. (Government Code § 54953(b)(3)). Any public comment period during any such meeting shall be taken in the same form and fashion from in person and remote attendees. If at any time during such meeting the ability to broadcast the meeting and accept public comments from remote attendees through videoconference/teleconference is disrupted, the body holding the meeting shall recess until the disruption is resolved or continue the meeting to a later date when videoconference/teleconference participation can be restored.
SECTION 5. The City’s legislative bodies are hereby authorized to conduct meetings in a format whereby members of the legislative body and members of the public may elect to be present in person, utilizing appropriate safety procedures, or participate by teleconferencing technology.
Such meetings of the legislative bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address legislative bodies to do so, and will otherwise occur in a manner that protects the statutory and constitutional rights of members of the public attending the meeting via teleconferencing. The City’s legislative bodies have safety measures and technology in place to allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety because the number of attendees is reduced.
SECTION 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Delano may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953 for another 30 day period.
PASSED AND ADOPTED at the special meeting the City Council of the City of Delano, this 6th day of September 2022.
__________________________________
BRYAN OSORIO, MAYOR
ATTEST:
____________________________
RICARDO G. CHAVEZ, CITY CLERK
APPROVED AS TO FORM:
RACHEL RICHMAN, CITY ATTORNEY
ATTEST:
I, Ricardo G. Chavez, City Clerk of the City of Delano, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022- has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the Delano City Council, held on __________, 2022, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICARDO G. CHAVEZ, CITY CLERK
CITY OF DELANO
STAFF REPORT
September 6, 2022
Agenda Item: 18
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Alapisco, Transportation Manager
SUBJECT: Public Hearing to receive comments regarding Delano Area Rapid Transit (DART) proposing to discontinue Saturday Looper and Dial A Ride services and only operate as an On Demand (DART~N~G0) services.
Public hearing to receive comments to discontinue Saturday Looper and Dial A Ride Service and only operate as an On Demand Service.
Discussion
City of Delano Transit (DART), is the transit provider for the City of Delano and surrounding unincorporated County Areas under contract with Kern County. In addition to providing fixed route bus service, the department is responsible for the provision of complimentary Paratransit services (required by the Federal Americans with Disabilities Act).
DART operates four fixed routes and one Saturday Looper within the City of Delano and Dial-A-Ride operates within the City of Delano and surrounding unincorporated county.
DART funds its fixed route and paratransit services with State Transportation Development Act (TDA) which include Local Transportation Fund (LTF) and State Transit Assistance (STA) funds and the Federal Transit Administration (FTA) Section 5307 program.
Saturday Service has currently been performing at low levels for the past few years.
Transit has introduced the On Demand (DART~N~G0) since July 9, 2022. On Demand (DART~N~G0) is a micro transit program. Many transit agencies are implementing micro transit solutions that improve the rider’s experience by operating small-scale, ondemand public transit services that that can offer fixed routes and schedules, as well as flexible routes and on-demand scheduling. Spare Labs has partnered with City of Delano to do a pilot program until June 30, 2023 for Saturday Service only. The pilot program, which will enable riders to request specific pick-up and drop-off locations, is being put in place to improve existing “dial-a-ride” and ‘fixed route” bus services. The on-demand service can be requested via smartphones and by calling the office. Providing the On Demand (DART~N~G0), there will be a decrease of one driver for Saturday, and a decrease in Revenue Miles and Service Hours.
Public Hearing notices have been posted for the required 30 days.
BUDGET IMPACT:
Attachment(s)
Public Hearing Notice
Ridership Presentation
DELANO TRANSIT
NOTICE OF PUBLIC HEARING
PROPOSE TO DISCONTINUE SATURDAY LOOPER AND DAR SERVICES
AND OPERATE AS AN ON DEMAND (DART-N-GO) SERVICES FOR SATURDAY ONLY SEPTEMBER 6, 2022
The Delano City Council will hear public comments regarding the Delano Area Rapid Transit (DART) proposing to discontinue Saturday Looper and DAR Services effective September 25th and operate as an On-Demand (DART-N-GO) Services for Saturday effective October 1, 2022.
NOTICE IS HEREBY GIVEN:
Pursuant to Section 99238.5 of the California Code of Regulations, the Delano City Council will receive public testimony identifying and commenting on unmet transit needs that may exist in the City of Delano.
A PUBLIC HEARING will be held in the City Council chambers at City Hall 1015 11th Avenue, Delano California, at 5:30 pm on Tuesday, September 6, 2022 to accept comments and testimony regarding Cancellation of Saturday Looper and DAR Services and operate as a On Demand Services for Delano Area Rapid Transit. City of Delano City Council will hear all available information. Staff will address all concerns and will adopt, by resolution on September 19, 2022.
A person wishing to present testimony related to the proposed cancellation may appear and be heard or may submit written comments to the Delano City Clerk, City of Delano, 1015 11th Avenue, P.O. Box 3010, Delano, CA 93216 or at [email protected] at or prior to the public hearing for inclusion in the official record of the hearing.
DART does not exclude from participation in, or deny the benefits of transit services on the basis of race, color, or national origin. If you need more information or would like to file a complaint, please call 661-721-3333, or mail DART, P.O. Box 3010, Delano, CA 93216.
DELANO TRÁNSITO
PROPUESTA PARA DESCONTINUAR LOS SERVICIOS DE LOOPER Y DAR LOS SÁBADOS
Y FUNCIONA COMO BAJO DEMANDA (DART-N-GO) SERVICIOS SOLO SABADOS 6 DE SEPTIEMBRE, 2022
El Consejo de la Ciudad de Delano escuchará los comentarios públicos sobre Delano Area Rapid Transit (DART) que propone descontinuar los servicios de Looper y DAR a partir del 25 de septiembre, 2022 y operar como servicios a pedido (DART-NGO) para el sábado a partir del 1 de octubre de 2022.
LES NOTIFICAMOS :
Conforme a la Sección 99238.5 del Código de Regulaciones de California, el Consejo de la Ciudad de Delano recibirán testimonio del público para para eschuchar comentarios sobre la propuesta cancelación los servicios de Looper y DAR para los sábados y continuar los servicios como DART-N-GO para Transito de La Ciudad de Delano (DART).
Una audiencia pública se llevará a cabo en las cámaras del Consejo Municipal en el Ayuntamiento 1015 11th Avenue, Delano, California, a las 5:30 pm el martes, 6 de Septiembre, 2022 para aceptar comentarios y testimonios en relación sobre la propuesta cancelación de Looper y DAR y ofrecer los servicios de DART-N-GO nada mas los sábados. El Consejo de la Ciudad de Delano revisará toda la información disponible. Transito adoptará, mediante resolución, sus conclusiones para el Transito de La Ciudad de Delano (DART) el 19 de septiembre, 2022.
Una persona que desea presentar testimonio en relación sobre la propuesta cancelación puede aparecer y ser escuchado o puede presentar por escrito a la Secretaria de la Ciudad de Delano, Ciudad de Delano , 1015 11th Avenue , PO Box 3010, Delano , CA 93216 o a [email protected] o antes de la audiencia pública para la inclusión en el registro oficial de la audiencia.
DART no excluye de participar en, o negar los beneficios de los servicios de tránsito sobre la base de raza, color u origen nacional.
Si necesita más información o desea presentar una queja, por favor llame al 661-721-3333 , o por correo DART, PO Box 3010, Delano , CA 93216 .
____________________________
Ricardo Chavez, City Clerk
City of Delano
(661) 720-2228
DART
RIDERSHIP
Viviana Alapisco
SATURDAY SERVICE
2 FIXED ROUTES April May June July August
Revenue Hours 15.85 23.7 15.56 31.73 15.82
Service Hours 17.75 25.9 25.99 34.22 16.4
Revenue Miles 203 301 311 420 7
Non Rev Miles 8 12 12 17 0.58
Passengers 17 59 69 79 44
Single Trips 14 21 21 28 14
DAR SERVICE April May June
Revenue Hours 11.2 18.69 17.57
Service Hours 19 28.71 28.5
Revenue Miles 81 117 126
Non Rev Miles 8 12 10.93
Passengers 9 25 30
Single Trips 7 20 22
SATURDAY SERVICE – All Services
3 FIXED ROUTES/DAR April May June
Revenue Hours 27.05 42.39 33.13
Service Hours 36.75 54.61 54.49
Revenue Miles 284 418 437
Non Rev Miles 16 24 22.93
Passengers 26 84 99
Single Trips 21 41 43
On Demand SERVICE July August
Revenue Hours 6.08 1.82
Service Hours 6.12 3.42
Revenue Miles 87.72 28
Non Rev Miles 49.31 80.38
Passengers 50 33
Single Trips 50 33
CITY OF DELANO
STAFF REPORT
TO:
FROM:
Honorable Mayor Osorio and Members of the City Council
Maribel Reyna, City Manager
By: Tyson Davis, Chief of Police
SUBJECT: Introduction and First Reading of an Ordinance amending Subsection
2.64.040 of Chapter 2.64 of the Delano Municipal Code regarding the meeting dates for the Community Law Enforcement Liaison Board Recommendation
The City Council consider the Introduction of an Ordinance to amend subsection
2.64.040 of Chapter 2.64 of the Delano Municipal Code regarding the meeting date for the Community Law Enforcement Liaison Board and to direct bringing the ordinance back for adoption at the next regular Council meeting.
Discussion
At the CLELB meeting of July 21, 2022, the board voted unanimously to request the City Council to consider amending the Municipal Code to amend Community Law Enforcement Liaison Board to conduct regular meetings every other month instead on a monthly basis.
The proposed Ordinance, as shown below with italics for additions would amend Subsection 2.64.040 to read as follows:
Regular meetings of the board shall be held on the third Thursday of each month of the calendar year at 5:30 p.m. shall take place in the months of January, March, May, July, September, November of each calendar year. Special meetings be called, upon the approval of the board, when such circumstances would cause for a special meeting to occur. All these meetings shall be open to the public and be subject subject to the Ralph M. Brown Act. The police chief or his designee shall attend all regular and special meetings of the board and shall advise the board on any matter before it, but shall not vote on any such matter.
September 6, 2021
Agenda Item:
Attachment
Proposed Ordinance
19 ORDINANCE NO. 2022 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELANO, CALIFORNIA, AMENDING SUBSECTION 2.64.040 OF
CHAPTER 2.64 OF THE DELANO MUNICIPAL CODE
REGARDING THE MEETING DATE AND TIME FOR THE
COMMUNITY LAW ENFORCEMENT LIAISON BOARD
THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council of the City of Delano does hereby find that in order to encourage more community engagement in the activities of the Community Law Enforcement Liaison Board the City Council desires to amend the code to provide for regular meetings to take place on a monthly basis instead of on an every other month basis.
SECTION 2. Amendment of Subsection 2.64.040. Subsection 2.64.040 Regular and special meetings of Chapter 2.64 is here by amended to read as follows:
“Regular meetings of the board shall be held on the third Thursday of each month of the calendar year at 5:30 p.m. shall take place in the months of January, March, May, July, September, November of each calendar year. Special meetings may be called, upon the approval of the board, when such circumstances would cause for a special meeting to occur. All meetings shall be open to the public and be subject to the Ralph M. Brown Act. The police chief or his designee shall attend all regular and special meetings of the board and shall advise the board on any matter before it, but shall not vote on any such matter.”
SECTION 3. Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 15061(b)(3) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED ____________,___, 2022.
___________________________
BRYAN OSORIO, Mayor
ATTEST:
_____________________________
RICARDO G. CHAVEZ, City Clerk
APPROVED AS TO FORM
__________________________________
RACHEL RICHMAN, City Attorney
I, Ricardo G. Chavez, City Clerk of the City of Delano, certify Ordinance No. 2022 - ______ was adopted by the City Council at a regular meeting held ________________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
________________________
Ricardo G. Chavez City Clerk