Collective Efficacy
Social cohesion describes how residents think and feel about their neighborhood. Collective efficacy describes what residences are willing to do to improve their neighborhoods. Although social cohesion is the foundation of collective efficacy, at the core of collective efficacy are the willingness to intervene and the capacity for informal social control. https://nij.ojp.gov/topics/articles/collective-efficacy-taking-action-improve-neighborhoods Cognitive Behavioral Therapy
According to the American Psychological Association, cognitive behavioral therapy (CBT) is a form of psychological treatment that has been demonstrated to be effective for a range of problems including depression, anxiety disorders, alcohol and drug use problems, marital problems, eating disorders, and severe mental illness. Numerous research studies suggest that CBT leads to significant improvement in functioning and quality of life. In many studies, CBT has been demonstrated to be as effective as, or more effective than, other forms of psychological therapy or psychiatric medications.
It is important to emphasize that advances in CBT have been made on the basis of both research and clinical practice. Indeed, CBT is an approach for which there is ample scientific evidence that the methods that have been developed actually produce change. In this manner, CBT differs from many other forms of psychological treatment.
CBT is based on several core principles, including:
1. Psychological problems are based, in part, on faulty or unhelpful ways of thinking.
2. Psychological problems are based, in part, on learned patterns of unhelpful behavior.
3. People suffering from psychological problems can learn better ways of coping with them, thereby relieving their symptoms and becoming more effective in their lives.
CBT treatment usually involves efforts to change thinking patterns. These strategies might include:
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• Learning to recognize one's distortions in thinking that are creating problems, and then to reevaluate them in light of reality.
• Gaining a better understanding of the behavior and motivation of others. • Using problem-solving skills to cope with difficult situations. • Learning to develop a greater sense of confidence is one's own abilities.
CBT treatment also usually involves efforts to change behavioral patterns. These strategies might include:
• Facing one's fears instead of avoiding them.
• Using role playing to prepare for potentially problematic interactions with others. • Learning to calm one's mind and relax one's body.
• Not all CBT will use all of these strategies. Rather, the psychologist and patient/client work together, in a collaborative fashion, to develop an understanding of the problem and to develop a treatment strategy.
CBT places an emphasis on helping individuals learn to be their own therapists. Through exercises in the session as well as “homework” exercises outside of sessions, patients/clients are helped to develop coping skills, whereby they can learn to change their own thinking, problematic emotions, and behavior.
CBT therapists emphasize what is going on in the person's current life, rather than what has led up to their difficulties. A certain amount of information about one's history is needed, but the focus is primarily on moving forward in time to develop more effective ways of coping with life.
Cultural Competence
Cultural competence7 is a set of congruent behaviors, attitudes, and policies that come together in a system, agency or among professionals and enable that system, agency, or those professions to work effectively in cross-cultural situations.
The word culture is used because it implies the integrated pattern of human behavior that includes thoughts, communications, actions, customs, beliefs, values and institutions of a racial, ethnic, religious, or social group. The word competence is used because it implies having the capacity to function effectively. Essential elements that contribute to a system's, institution's, or agency's ability to become more culturally competent include:
1. Valuing diversity
2. Having the capacity for cultural self-assessment
3. Being conscious of the dynamics inherent when cultures interact
4. Having institutionalized culture knowledge
5. Having developed adaptations to service delivery reflecting an understanding of cultural diversity
These five elements should be manifested at every level of an organization including policy making, administrative, and practice. In addition, these elements should be reflected in the attitudes, structures, policies, and services of the organization. 7 Cross, T., Bazron, B., Dennis, K., & Isaacs, M., (1989). Towards A Culturally Competent System of Care, Volume I.
Washington, DC: Georgetown University Child Development Center, CASSP Technical Assistance Center.
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Diversion8
In the context of criminal law, diversion refers to diverting an individual out of the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when an individual successfully completes a diversion program. The purpose of a diversion program is to effect rehabilitation while avoiding the stigma of a criminal conviction.
A diversion program allows the individual to avoid prosecution by completing various requirements for the program. These requirements could include:
1. Education aimed at preventing future offenses by the offender,
2. Restitution to victims of the offense,
3. Completion of community service hours,
4. Avoiding situations for a specified period of time in the future that may lead to committing another such offense.
Diversion programs are usually only available to individuals charged with misdemeanors and nonviolent felonies involving drugs or alcohol. In some jurisdictions, diversion may be available to individuals charged with domestic violence, child abuse or neglect, traffic-related offenses, or even writing bad checks. Diversion programs are primarily governed by state laws, which vary by state.
Evaluation: Process Evaluation versus Outcome Evaluation Process Evaluation9
The purpose of the process evaluation is to assess how program activities are being carried out in accordance with goals and objectives. Process measures are designed to answer the question: “What is the program actually doing and is this what we planned it to do?” Examples of process measures could include:
o Project staff have been recruited, hired, and trained according to the proposal. o Activities/strategies have been implemented on time according to the proposal. o Number of interagency agreements entered into by the program compared to the number planned.
o Number of trainings conducted.
o Number of neighborhood meetings conducted.
Outcome Evaluation10
The purpose of the outcome evaluation is to identify whether the program “worked” in terms of achieving its goals and objectives. Outcome measures are designed to answer the question: “What results did the program produce?” Examples of outcome measures include:
o Results of pre/post surveys (e.g., changes in the reported confidence/trust in law enforcement among community members).
8 Diversion Law and Legal Definition, US Legal, https://definitions.uslegal.com/d/diversion/ 9Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 7. Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf 10 Id at pp. 7-8.
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o Implementation of regular, ongoing community forums where law enforcement/community dialogue takes place.
o Changes in policies at the Lead Agency level to reflect procedural justice principles.
In an evidence-based practice approach, outcome evaluations must include not only the measures but also analysis of the extent to which the measured results can be attributed to the program rather than to coincidence or alternative explanations.
Focused Deterrence
Focused deterrence strategies are problem-oriented strategies that follow the core principles of deterrence theory. The strategies target specific criminalized behavior committed by a small number of individuals identified as being high risk of committing or being involved in violence who are vulnerable to sanctions and punishment. These individuals are directly engaged and informed that continued violence and criminalized behavior will not be tolerated. Targeted individuals are also informed about how the criminal legal system (such as the police and prosecutors) may respond to continued criminalized behavior; mainly that all potential sanctions, or levers, will be applied. The deterrence-based message is reinforced through intense engagement of individuals, or groups of individuals (group or collective violence), who continue to create harm despite previous attempts to intervene. In addition to deterring violent behavior, the strategies also reward positive behavior change among targeted individuals by providing significant financial incentives for participation and positive behavior as a gateway to developing intrinsic motivation that arises from internal and not external rewards.
Focused deterrence strategies generally target youth and adults engaged in group violence.
Many focused deterrence interventions have primarily targeted incidents of homicide and serious violence (criminalized activities that usually involve repeated violent behavior) in urban settings (Kennedy 2006).
The focused deterrence framework was developed in Boston during the 1990s. Operation Ceasefire (Boston) was a problem-oriented policing project to stop serious group violence by directly communicating to groups of individuals that violence would no longer be tolerated and was backed by harsh legal sanctions for those who continued to engage in or commit harm. At the same time, youth workers, probation and parole officers, and other community-based organizations offered services and resources to groups engaged in criminalized behaviors.
While certain aspects of Ceasefire are beneficial, such as the targeted efforts, threats of or enacting harsh sanctions are not. CBOs should be prioritized in the response, and the response should be restorative and non-punitive.
At a general level, the approach of focused deterrence strategies should include the following:
1. Selecting a particular crime problem (such as homicide),
2. Convening an interagency working group that may include law enforcement, and prioritize social service, and community-based practitioners,
3. Developing a response to individuals or groups of individuals that uses a variety of sanctions (“pulling levers”) to stop continued violent behavior,
4. Focusing social services and community resources on target individuals identified by law enforcement, and
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5. Directly and continually communicating with individuals to offer support and provide a better understanding of the implications of violence on individuals and communities.
For more information on focused deterrence, please review the links below:
1. https://www.crimesolutions.gov/Practice Profile Details
2. National Network for Safe Communities – Group Violence Intervention: An Implementation Guide
3. National Network for Safe Communities – Custom Notifications
4. The National Network for Safe Communities – Drugs, Race, and Common Ground:
Reflections on the High Point Intervention
Goal versus Objective
Goals and objectives are terms in common use, sometimes used interchangeably because both refer to the intended results of program activities. Goals are longer-term than objectives, more broadly stated, and govern the specific objectives to which program activities are directed.
In proposals, goals are defined by broad statements of what the program intends to accomplish, representing the long-term intended outcome of the program. 11 Examples of goal statements include:12
• To reduce the number of youth repeating criminalized behaviors. • To divert youth who commit nonviolent crimes from state juvenile correctional institutions. • To restore the losses suffered by the victims of crimes.
Objectives are defined by statements of specific, measurable aims of program activities. 13 Objectives detail the tasks that must be completed to achieve goals. 14 Descriptions of objectives
in the proposals should include three elements:
15 1) Direction – the expected change or accomplishment (e.g., improve, maintain); 2) Timeframe – when the objective will be achieved; and 3) Target Population– who is affected by the objective.
Examples of program objectives include:16
• By the end of the program, youth suffering from addiction will recognize the long-term consequences of drug use.
o To place eligible youth in an intensive healing program within two weeks of adjudication to ensure offender accountability and community safety. 11 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition). Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf. See also New York State Division of Criminal Justice Services. A Guide to Developing Goals and Objectives for Your Program. Retrieved from http://www.criminaljustice.ny.gov/ofpa/goalwrite.htm. 12 Id. at p. 4. 13 National Center for Justice Planning. Overview of Strategic Planning. Where Do We Want to Be? Goals and Objectives.
Retrieved from https://web.archive.org/web/20180116031203/http:/ncjp.org/strategic-planning/overview/where-do-we-wantbe/goals-objectives. 14 Id.; see supra fn 1. 15 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 5. Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf 16 Id.
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• To ensure that youth carry out all of the terms of the mediation agreements they have worked out with their victims by program completion.
Hospital-Based Violence Intervention Programs (www.nnhvip.org) Hospital-based violence intervention programs (HVIPs) vary in the specifics of their design and scope, but typically include a brief intervention in the emergency department or at hospital bedside and post-discharge intensive community-based case management services. HVIP services are provided by culturally competent Violence Prevention Professionals who often also serve in a mentorship capacity. HVIPs are rooted in the philosophy that violence is preventable, and that violent injury offers a “teachable moment” and unique opportunity to break cycles of violence. HVIPs embrace a public health approach to violence prevention as they are grounded in data which indicate that victims of violence are at elevated risk for re-injury and violence perpetration. This model has been the subject of numerous peer-reviewed studies indicating promising impact on injury recidivism, criminal justice contact, and trauma symptoms. HVIPs are now a recommended practice by the federal government.
This strategy aims to (1) provide trained crisis intervention and long-term case management and mentoring home visits and follow-up assistance to youth who are hospitalized for violent injuries, on probation, or identified as being highly at risk for dropout or suspension from school, as well as to their family and friends; (2) prevent retaliatory violence and reduce the total number of youth injured by interpersonal violence; (3) reduce reentry into the hospital and the criminal justice system; (4) prevent dropout and suspension from school for violent incidents; (5) link youth with local resources that help them live nonviolent lifestyles; and (6) provide positive peer role models and promote positive alternatives to violence.
For more information on hospital-based intervention, please review the links below:
1. National Network of Hospital-based Violence Intervention Programs: www.nnhvip.org
2. Key Components of Hospital-based Violence Intervention Programs
3. The Health Alliance for Violence Intervention: www.thehavi.org Mentoring
For more information on mentoring, please review the links below:
1. The Center for Evidence-Based Mentoring
2. Mentor Resources and Publications
3. How to Start a Mentoring Program
Principles of Effective Intervention
During the past two decades, there has been renewed interest in examining correctional research. These efforts have been led by researchers such as Gendreau, Andrews, Cullen, Lipsey and others.17 Much evidence has been generated, leading to the conclusion that many rehabilitation programs have, in fact, produced significant reductions in recidivism. The next critical issue became the identification of those characteristics most commonly associated with 17 For a thorough review of this research, see Cullen, F.T. and B.K. Applegate. 1998. Offender rehabilitation: Effective correctional intervention. Brookfield, Vt.: Ashgate Darthmouth.
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effective programs. Through the work of numerous scholars (Andrews et al., 199018; Cullen and Gendreau, 200019; Lipsey 199920), several “principles of effective intervention” have been identified. These principles can be briefly categorized as the following:
• Assess Actuarial Risk/Needs
• Enhance Intrinsic Motivation
• Target Interventions
o Risk Principle
o Need Principle
o Responsivity Principle
o Dosage
o Treatment Principle
• Skill Train with Directed Practice
• Increase Positive Reinforcement
• Engage Ongoing Support in Natural Communities
• Measure Relevant Processes/Practices
• Provide Measurement Feedback
Street Outreach
Street outreach typically occurs inside the framework of a cooperative relationship with other agencies, including probation, law enforcement, social services, and schools. Outreach workers are referred to as “street” outreach workers because their work is not office-based or even institutional- or school-based, but occurs primarily in the targeted neighborhoods, at the street and home level. The model relies on the use of culturally appropriate staff that respond to shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and other community groups to organize neighborhood events and public education activities that promote a no-shooting message. The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.
Example of Street Outreach: The Cure Violence Approach (www.cvg.org) Cure Violence is an example of a street outreach model that is used around the country. The Cure Violence model was developed in 1995 by the Chicago Project for Violence Prevention, under the auspices of the University of Illinois at Chicago’s School of Public Health. Cure Violence takes a public health approach to stopping shootings and killings, focusing on interrupting violence and the transmission of norms that promote it.
Using a multi-pronged approach to prevent shootings involving youth and young adults from ages 14-25, the model relies on the use of culturally appropriate staff who respond to 18 Andrews, D.A., I. Zinger, R.D. Hoge, J. Bonta, P. Gendreau and F.T. Cullen. 1990. Does correctional treatment work? A clinically relevant and psychologically informed meta-analysis. Criminology 28(3):369-404. 19 Cullen, F.T. and P. Gendreau. 2000. Assessing correctional rehabilitation: Policy, practice, and prospects. In Criminal justice 2000: Volume 3 – Policies, processes, and decisions of the criminal justice system, ed. J. Horney, 109-175. Washington, D.C.:
U.S. Department of Justice, National Institute of Justice. 20 Lipsey, M.W. 1999. Can intervention rehabilitate serious delinquents? The Annuals of the American Academy of Political and Social Science, 564(2):142-166.
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shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and other community groups to organize neighborhood events and public education activities that promote a no-shooting message.
The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.
Cure Violence stops the spread of violence by using the methods and strategies associated with disease control:
1. Detecting and interrupting conflicts
Trained violence interrupters and outreach workers prevent shootings by identifying and mediating potentially lethal conflicts in the community and following up to ensure that the conflict does not reignite.
a. Prevent Retaliations: Whenever a shooting happens, trained workers immediately work in the community and at the hospital to cool down emotions and prevent retaliations – working with the victims, friends and family of the victim, and anyone else is connected with the event.
b. Mediate Ongoing Conflicts: Workers identify ongoing conflicts by talking to key people in the community about ongoing disputes, recent arrests, recent prison releases, and other situations and use mediation techniques to resolve them peacefully. c. Keep Conflicts ‘Cool’: Workers follow up with conflicts for as long as needed, sometimes for months, to ensure that the conflict does not become violent.
2. Identifying and treating the highest risk individuals Trained, culturally-appropriate outreach workers work with the highest risk individuals to make them less likely to commit violence by meeting them where they are at, talking to them about the costs of using violence, and helping them to obtain the social services they need – such as job training and drug treatment.
a. Access Highest Risk: Workers utilize their trust with high-risk individuals to establish contact, develop relationships, begin to work with the people most likely to be involved in violence.
b. Change Behaviors: Workers engage with high-risk individuals to convince them to reject the use of violence by discussing the cost and consequences of violence and teaching alternative responses to situations.
c. Provide Treatment: Workers develop a caseload of clients who they work with intensively – seeing several times a week and assisting with their needs such as drug treatment, employment, leaving gangs.
3. Mobilizing the community to change norms
Workers engage leaders in the community as well as community residents, local business owners, faith leaders, service providers, and the high risk, conveying the message that the residents, groups, and the community do not support the use of violence. a. Respond to Every Shooting: Whenever a shooting occurs, workers organize a response where dozens of community members voice their objection to the shooting.
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b. Organize Community: Workers coordinate with existing and establish new block clubs, tenant councils, and neighborhood associations to assist. c. Spread Positive Norms: Program distributes materials and hosts events to convey the message that violence is not acceptable.
System-Impacted
Berkely Underground Scholars defines system-impacted as a person who is legally, economically, or familiarly affected in a negative way by the incarceration of a close relative.
System-impacted also includes people who have been arrested and/or convicted without incarceration.
The 2021 CalVIP ESC further defined Indirectly and Directly System-Impacted as anyone who is directly affected by incarceration, the criminal legal system, community supervision and/or anyone who was involved with the youth foster care system.
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Appendix E: Sample Letter of Commitment for Key Partners If the success of the proposed strategy relies on the participation of an outside agency or organization – that is, if an entity other than the applicant is to play a necessary or critical role in project implementation – the applicant must include a Letter of Agreement, Letter of Commitment or other signed written agreement to demonstrate that the outside agency is aware of the proposed partnership and agrees to participate.
[to be submitted on letterhead of the OUTSIDE ENTITY]
To: Board of State and Community Corrections
Re: California Violence Intervention & Prevention (CalVIP) Grant Date: [must be within 3 months of proposal submission]
This letter is being submitted to document that [NAME OF THE OUTSIDE ENTITY] agrees to partner on the CalVIP grant proposal being submitted by [NAME OF APPLICANT].
As a part of this grant, [NAME OF OUTSIDE ENTITY] agrees to [DESCRIBE THE NATURE OF THE PARTNERSHIP, I.E. WHAT THE OUTSIDE ENTITY IS AGREEING TO DO, ETC.].
Signed by,
Name, Title
[must be the Executive Officer, Department Head or other Authorized Representative of the Outside Entity]
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Appendix F: Sample Grant Agreement
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCCXXX22 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC XXX- 22 BSCC-5227
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
XXX
2. The term of this Agreement is:
START DATE
October 1, 2022
THROUGH END DATE
DECEMBER 31, 2025
3. The maximum amount of this Agreement is:
$000,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* California Violence Intervention & Prevention Grant Request for Proposals * Attachment 2 CalVIP Grant Proposal xx
Appendix A CalVIP Executive Steering Committee 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_cpgpcalvipgrant/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
GRANTEE NAME
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
xxx xxx xx xxx
PRINTED NAME OF PERSON SIGNING TITLE
xxx xxx
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
EXHIBIT A: SCOPE OF WORK
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1. GRANT AGREEMENT – CALIFORNIA VIOLENCE AND INTERVENTION (CalVIP) GRANT This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and Grantee Name (hereafter referred to as the Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The purpose of the CalVIP Grant is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)).
B. Grantee agrees to administer the project in accordance with Attachment 1: CalVIP Request for Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are attached hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Designated Financial Officer authorized to receive warrants:
Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx
Project Director authorized to administer the project:
Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal.
EXHIBIT A: SCOPE OF WORK
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5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. October 1, 2022 to December 31, 2022 February 15, 2023
2. January 1, 2023 to March 31, 2023 May 15, 2023
3. April 1, 2023 to June 30, 2023 August 15, 2023
4. July 1, 2023 to September 30, 2023 November 15, 2023
5. October 1, 2023 to December 31, 2023 February 15, 2024
6. January 1, 2024 to March 31, 2024 May 15, 2024
7. April 1, 2024 to June 30, 2024 August 15, 2024
8. July 1, 2024 to September 30, 2024 November 15, 2024
9. October 1, 2024 to December 31, 2024 February 15, 2025
10. January 1, 2025 to March 31, 2025 May 15, 2025
11. April 1, 2025 to June 30, 2025 August 15, 2025
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan April 3, 2023
2. Final Local Evaluation Report December 31, 2025
C. Other Due no later than:
Financial Audit Report December 31, 2025
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has EXHIBIT A: SCOPE OF WORK
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been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the CalVIP ESC.
B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
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1. INVOICING AND PAYMENTS (grantee to select monthly or quarterly) A. The Grantee shall be paid in monthly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Monthly Invoicing Periods: Due no later than:
1. September 1, 2022 to September 30, 2022 November 15, 2022
2. October 1, 2022 to October 31, 2022 December 15, 2022
3. November 1, 2022 to November 30, 2022 January 15, 2023
4. December 1, 2022 through December 31, 2022 February 15, 2023
5. January 1, 2023 to January 31, 2023 March 15, 2023
6. February 1, 2023 to February 28, 2023 April 15, 2023
7. March 1, 2023 to March 31, 2023 May 15, 2023
8. April 1, 2023 to April 30, 2023 June 15, 2023
9. May 1, 2023 to May 31, 2023 July 15, 2023
10. June 1, 2023 to June 30, 2023 August 15, 2023
11. July 1, 2023 to July 31, 2023 September 15, 2023
12. August 1, 2023 to August 31, 2023 October 15, 2023
13. September 1, 2023 to September 30, 2023 November 15, 2023
14. October 1, 2023 to October 31, 2023 December 15, 2023
15. November 1, 2023 to November 30, 2023 January 15, 2024
16. December 1, 2023 to December 31, 2023 February 15, 2024
17. January 1, 2024 to January 31, 2024 March 15, 2024
18. February 1, 2024 to February 29, 2024 April 15, 2024
19. March 1, 2024 to March 31, 2024 May 15, 2024
20. April 1, 2024 to April 30, 2024 June 15, 2024
21. May 1, 2024 to May 31, 2024 July 15, 2024
22. June 1, 2024 to June 30, 2024 August 15, 2024
23. July 1, 2024 to July 31, 2024 September 15, 2024
24. August 1, 2024 to August 31, 2024 October 15, 2024
25. September 1, 2024 to September 30, 2024 November 15, 2024
26. October 1, 2024 to October 31, 2024 December 15, 2024
27. November 1, 2024 to November 30, 2024 January 15, 2025
28. December 1, 2024 to December 31, 2024 February 15, 2025
29. January 1, 2025 to January 31, 2025 March 15, 2025
30. February 1, 2025 to February 28, 2025 April 15, 2025
31. March 1, 2025 to March 31, 2025 May 15, 2025
32. April 1, 2025 to April 30, 2025 June 15, 2025
33. May 1, 2025 to May 31, 2025 July 15, 2025
34. June 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:
35. July 1, 2025 to July 31, 2025 September 15, 2025
36. August 1, 2025 to August 31, 2025 October 15, 2025
37. September 1, 2025 to September 30, 2025 November 15, 2025
38. October 1, 2025 to October 31, 2025 December 15, 2025
39. November 1, 2025 to November 30, 2025 January 15, 2026 EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 49
40. December 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.
B. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1, 2022 to December 31, 2022 February 15, 2023
2. January 1, 2023 to March 31, 2023 May 15, 2023
3. April 1, 2023 to June 30, 2023 August 15, 2023
4. July 1, 2023 to September 30, 2023 November 15, 2023
5. October 1, 2023 to December 31, 2023 February 15, 2024
6. January 1, 2024 to March 31, 2024 May 15, 2024
7. April 1, 2024 to June 30, 2024 August 15, 2024
8. July 1, 2024 to September 30, 2024 November 15, 2024
9. October 1, 2024 to December 31, 2024 February 15, 2025
10. January 1, 2025 to March 31, 2025 May 15, 2025
11. April 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:
13. July 1, 2025 to September 30, 2025 November 15, 2025
14. October 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, June 30, 2025, and included on the invoice due August 15, 2025. Project expenditures incurred after June 30, 2025 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 1, 2025 to December 31, 2025 must be submitted during the Final Invoicing Period(s), with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The financial audit is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the financial audit during the period of July 1, 2025 to December 31, 2025 must be submitted during the Final Invoicing Periods, with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 50
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through CalVIP funding generated from the General Fund.
The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Assembly Bill 129 (Statutes of 2021, Chapter 21), also known as the California Budget Act of 2021. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
B. If CalVIP funding is reduced or falls below estimates contained within the CalVIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 51
result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 52
7. PROJECT BUDGET
BSCC Budget Line Item A.
Grant Funds
B.
Match
C.
Total (A+B)
1. Salaries and Benefits $0 $0 $0
2. Services and Supplies $0 $0 $0
3. Health and Wellness $0 $0 $0
4. Professional Services or Public
Agency Subcontracts $0 $0 $0
5. Non-Governmental Organization
(NGO) Subcontracts $0 $0 $0
6. Equipment/Fixed Assets $0 $0 $0
7. Project Evaluation $0 $0 $0
8. Financial Audit $0 $0 $0
9. Other (Travel, Training, etc.) $0 $0 $0
10. Indirect Costs $0 $0 $0
TOTALS $0 $0 $0
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 53
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 54
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 55
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 56
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 57
1. GRANTEE’S GENERAL RESPONSIBILITY
5. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.
D. Grantee is responsible for the performance of all project activities identified in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Grant Proposal.
E. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the CalVIP RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 58
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
B. Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000 C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 59
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 60
Grant Agreement. Grantee’s written demand shall be fully supported by factual information.
The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 61
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
APPENDIX A to the Grant Agreement: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER PART III, Page 62
CalVIP Executive Steering Committee for Grant Cycle from October 1, 2022 to December 31, 2025
Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Palm Springs & Board Member, BSCC
Palm Springs
2 Stephen Lindley Teacher, Lee V. Pollard High School San Diego 3 Tina Curiel-Allen Cal Crew Program Manager, Five
Keys
Central Valley
4 Natasha Johnson Policy Analyst, National Institute for Criminal Justice Reform
Oakland
5 Tina Rodriguez Statewide Manager, Californians for
Safety and Justice
Central Valley
6 Mike McLively Senior Staff Attorney
Gifford Law Center to Precent Gun
Violence
San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders
Gather as One
San Francisco
8 Saun Hough CA Partnership Manager,
Californians for Safety and Justice
Los Angeles
9 Mark Slaughter Sacramento
10 Jackie Reed CEO, Women Initiating Success
Envisioned Inc.
San Diego
11 Jessie Leavitt Policy Analyst, State Bar of California & Senior corporate Counsel,
NetScout Systems, Inc.
Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative
Office of the Courts
Oakland
14 Mona Cadena Advocacy Director, Equal Justice
USA
San Francisco
15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform
Marina
16 Keith Baker Research Analyst/Co-Leader, Los
Angeles County Department of Public
Health
Los Angeles
PART III, Page 63
APPENDIX B to the Grant Agreement: Criteria for Non-Governmental Organizations Receiving BSCC Funds
The 2021-22 CalVIP Request for Proposals (RFP) includes requirements that apply to nongovernmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any CalVIP funds. The RFP describes these requirements as follows:
A non-governmental organization (as either a direct grantee or subgrantee or subcontractor) must meet the following criteria:
• Have been duly organized, in existence, and in good standing at least six months before entering into a fiscal agreement with the BSCC or with the CalVIP grantee; • In either instance (applicant or subgrantee), non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement or subcontractor
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, Employer Identification Number (EIN), or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address.
Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), non-profit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other nongovernmental agency or individual. Note: These criteria do not apply to government organizations (e.g. counties, cities, school districts).
Provide your agency name and in the table list information for all contracted parties.
Grantee:
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
PART III, Page 64
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE DATE
X
PART III, Page 65
Appendix G: Sample Governing Board Resolution
California Violence Intervention and Prevention (CalVIP) Grant WHEREAS the (insert name of Applicant Agency) desires to participate in the 2022 California Violence Intervention & Prevention funded through the California State General Fund and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC).
NOW, THEREFORE, BE IT RESOLVED that the (insert title of designated official) be authorized on behalf of the (insert name of Governing Board) to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
BE IT FURTHER RESOLVED that the (insert name of Applicant Agency) agrees to ensure all matching funds required for the above grant are provided and abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.
Passed, approved, and adopted by the (insert name of Governing Board) in a meeting thereof held on (insert date) by the following:
Ayes:
Notes:
Absent:
Signature: _______________________________________ Date: _________________ Typed Name and Title: ___________________________________________________ ATTEST: Signature: _______________________________ Date: _________________ Typed Name and Title: ___________________________________________________ PART III, Page 66
Appendix H: Local Evaluation Plan & Local Evaluation Report California Violence Intervention & Prevention (CalVIP) Grant Preliminary Guidelines for the Local Evaluation Plan
The California Violence Intervention & Prevention (CalVIP) Request for Proposals requires each grantee to submit a Local Evaluation Plan (LEP) to ensure that projects funded by the BSCC can be evaluated to determine their impact and effectiveness. The LEP should be developed prior to service delivery by program staff using a collaborative process that involves all relevant project community partners and interested parties.
Grantees are encouraged to identify a researcher who can assist in the collaborative process of developing the LEP and guide the local evaluation throughout the grant funding period. These guidelines were developed to assist grantees in creating a LEP that, at a minimum, addresses the information defined below.
Implementing practices and strategies that can be supported by data should be a consideration wherever possible. BSCC is responsible for verifying that grant money is spent efficiently and on effective programs. Data is just one mechanism by which to do that. Your data results may be used to add to the body of knowledge regarding what works with the target populations. Therefore, be cognizant to collect appropriate and consistent data.
BSCC will make public the LEP submitted by each grantee. Plans may be posted to the BSCC website and/or developed into a statewide summary report to be shared with the Administration, the Legislature, and the public.
Project Background
• Information essential to understanding the grantee’s project. • A description of how the project matches the theory behind its development. • A description of the criteria used to determine participant eligibility. • A description of the process for determining which intervention(s) and/or services a participant needs and will receive.
• A description of the project goals and measurable objectives identified in the proposal.
Evaluation Methods and Design
Describe the research design that will be used to evaluate the conduct (process evaluation21) and the effectiveness (outcome evaluation22) of the program. This section should include:
• A description of the research design for the process evaluation. o Document how the activities in the proposal will be carried out. 21 See page 49 of the RFP for additional information on process and outcome evaluations. 16 Ibid.
PART III, Page 67
o Describe the process variables and how they will be measured and defined. o Describe procedures ensuring that a program will be implemented to fidelity, when applicable.
• A description of the research design for the outcome evaluation. o Describe criteria for participant eligibility and comparison group(s), including the comparison group eligibility criteria.
o Define outcome measures.
o Describe measurement instruments, programs, and interventions. o Include a definition of successful program completion. o Provide a rationale for determining whether outcomes are due to the project and not some other factor(s) unrelated to the project.
● For both the process and outcome evaluation, describe what data will be collected, their data source(s), and data collection methods (tools used to collect the data, frequency, and who and where the data will be collected). ● If multiple types of interventions will be employed, describe how the separate effects on outcome variables of each type of the intervention will be determined, if possible.
If not possible, explain how the results will be interpreted given that outcomes might be due to complex interactions among interventions.
A Logic Model
Provide a visual representation of the project depicting the logical relationships between the input/resources, activities, outputs, outcomes and impacts of the project.
California Violence Intervention & Prevention (CalVIP) Grant Preliminary Guidelines for Local Evaluation Report
The California Violence Intervention & Prevention (CalVIP) Request for Proposals requires each grantee to submit a 3-Year Local Evaluation Report (LER) to determine project results, document definitive evidence regarding the project’s efficacy and overall impact and assess whether or not the project achieved its intended goals and objectives. The LER must be based on the Local Evaluation Plan (LEP) submitted at the start of the grant. Any modifications to the LEP must be explained. These guidelines were developed to assist grantees in writing a LER that at a minimum, addresses the required information defined below.
The LER will be the documentation for what your organization did with the support of grant funds. BSCC will use these reports to help verify that the grant money was invested wisely and to describe the impact the grant had on the participants. Assuming the projects have successful outcomes, other organizations may want to adopt the project strategies or interventions you have demonstrated to be effective. Therefore, the report should include enough information to allow other organizations to replicate them.
PART III, Page 68
The BSCC will make public the LER submitted by each grantee. Reports may be posted to the BSCC website and/or developed into a statewide summary report to be shared with the Administration, the Legislature, and the public.
Executive Summary
The Executive Summary should be a synopsis of the project explaining: the project purpose; goals and objectives, including the extent to which they were achieved; research design; major findings, including unintended outcomes (positive and negative); project accomplishments; barriers faced, how they were overcome; lessons learned; and conclusions.
Project Background
• Information essential to understanding the grantee’s project. • A description of the criteria used to determine participant eligibility. • A description of the process for determining which intervention(s) and/or services a participant needs and will receive.
• A description of the project goals and measurable objectives identified in the proposal.
Evaluation Method and Design
• A description of the research design for the process evaluation. o Document how the activities in the proposal are being carried out. o Describe the process measures and how they are being measured and defined. o Describe the procedures ensuring that a program is being implemented to fidelity, when applicable.
• A description of the research design for the outcome evaluation. o Describe criteria for participant eligibility and comparison group(s), including the comparison group eligibility criteria.
o Define outcome measures.
o Describe measurement instruments, programs, and interventions. o Include a definition of successful program completion. • For both the process and outcome evaluation, describe what data is being collected, their data source(s), and data collection methods (tools used to collect the data, frequency, and who and where were the data collected). Describe any difficulties in data collection, and how they may have influenced the results.
Evaluation Results and Discussion
• Provide data related the process evaluation. Describe any changes that were made as a result of the process evaluation findings.
• Total number of participants (unduplicated) must be included. o Include basic demographic information of your participants (age, gender, race/ethnicity).
o Include the number of individuals that received various services. • Progress towards goals
o Provide a summary of the degree to which these goals and objectives were achieved.
PART III, Page 69
o Describe factors that affected the progress of project goals. This may include factors which resulted in achieving goals more quickly or impeded your progress. If there were factors that impeded your progress, describe how they were addressed.
• Report results of any analyses and provide a detailed explanation related to the project’s performance over the course of the grant.
• Report results of any analyses and provide a detailed explanation of findings as it relates to any other additional outcome measures.
• Provide a clear interpretation of the results and lessons learned.
Conclusions and Recommendations
• Discuss the effectiveness of different strategies employed. • Make useful recommendations with specific guidance for what to replicate or do differently.
A Current Logic Model
A visual representation, as of the date of the report, of the project depicting the logical relationships between the input/resources, activities, outputs, outcomes and impacts of the project.
Grantee Highlight
A brief, one-page, visually appealing, highlight or success story that provides additional information related to the program’s success over the last three years. This highlight may be included in a statewide report. You may include optional graphs, charts, or photos23.
While every effort will be made to include these in a statewide report, inclusion in the report is not guaranteed.
23 The BSCC will only accept photographs in which all persons depicted are over 18 years of age and have consented to both being photographed and to the use and release of their image. By submitting photographs to the BSCC, the submitter acknowledges that all approvals have been obtained from the subjects in the photograph(s) and that all persons are over 18 years of age. Further, by submitting the photographs, the submitter irrevocably authorizes the BSCC to edit, alter, copy, exhibit, publish or distribute the photographs for purposes of publicizing BSCC Grant Programs or for any other lawful purpose. All photographs submitted will be considered public records and subject to disclosure pursuant to the California Public Records Act.
PART III, Page 70
Appendix I: Certification of Compliance with BSCC Polices Regarding Debarment, Fraud, Theft and Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three (3) years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.
I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three (3) years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
I/We will hold subgrantees and subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (Blue Ink or e-signature Only) DATE X
PART III, Page 71
Appendix J: CalVIP Executive Steering Committee
CalVIP Executive Steering Committee for Grant Cycle from October 1, 2022 to December 31, 2025
Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Palm Springs & Board Member, BSCC
Palm Springs
2 Stephen Lindley Teacher, Lee V. Pollard High
School
San Diego
3 Tina Curiel-Allen Cal Crew Program Manager, Five
Keys
Central Valley
4 Natasha Johnson Policy Analyst, National Institute for Criminal Justice Reform
Oakland
5 Tina Rodriguez Statewide Manager, Californians
for Safety and Justice
Central Valley
6 Mike McLively Senior Staff Attorney,
Gifford Law Center to Precent Gun
Violence
San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders
Gather as One
San Francisco
8 Saun Hough CA Partnership Manager,
Californians for Safety and Justice
Los Angeles
9 Mark Slaughter Supervising Attorney, Sacramento
County Public Defender’s Office
Sacramento
10 Jackie Reed CEO, Women Initiating Success
Envisioned Inc.
San Diego
11 Jessie Leavitt Policy Analyst, State Bar of
California & Senior corporate
Counsel, NetScout Systems, Inc.
Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative
Office of the Courts
Oakland
14 Mona Cadena Advocacy Director, Equal Justice
USA
San Francisco
15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform
Marina
16 Keith Baker Research Analyst/Co-Leader, Los
Angeles County Department of
Public Health
Los Angeles
PART III, Page 72
Appendix K: CalVIP Project Work Plan Instructions
CalVIP applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, activities and services, the responsible parties and a timeline (see template below).
Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. Applicants must use the Project Work Plan provided within the Proposal Package at the end of this document.
This attachment cannot exceed one (1) page and does not count toward the twelve (12) numbered page limit for the Proposal Narrative. There are no margin, spacing or font restrictions for the Project Work Plan.
PART III, Page 73
(1) Goal:
Objectives (A., B., C…): A.
B.
C.
Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date
1. 2.
3. (2) Goal:
Objectives (A., B., C...): A.
B.
C.
Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date
1. 2.
3. (3) Goal:
Objectives (A., B., C…): A.
B.
C.
Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date
1. 2.
3. Grant Proposal Cover Sheet
California Violence Intervention and Prevention
(CalVIP) Grant Proposal
CalVIP Proposal Cover Sheet
Submitted by:
INSERT Name of Applicant
Grant Dollars Requested:
INSERT $ Dollar Amount
Date Submitted:
INSERT Date of Submission to BSCC
CalVIP Proposal Checklist
CalVIP Proposal Checklist
A complete proposal package for funding under the CalVIP Grant Program must contain the following items:
Required Items: X
1 Completed Cover Sheet (previous page) ☐
2 CalVIP Proposal Checklist (this page)
• Originally signed in blue ink by the authorized signatory or E-signature (no stamped signatures)
☐
3 Applicant Information Form
• Originally signed in blue ink by the authorized signatory or E-Signature (no stamped signatures)
☐
4 Proposal Narrative
• 12 pages or fewer
• Optional: 1-page bibliography (not counted toward 12 pages) ☐
5 Budget Attachment (includes Budget Tables and Narrative) • 4 pages or fewer ☐
Required Attachments for All Applicants:
6 Letters of Commitment from Key Partners, if applicable (Appendix E) ☐ 7 Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds (Appendix C)
• Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures)
☐
8 Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Appendix I)
• Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures)
☐
9 CalVIP Project Work Plan (Appendix K) ☐
Optional:
10 Governing Board Resolution (Appendix G)
Note: The Governing Board Resolution or other documentation of singing authority is due prior to Grant Award Agreement, not at time of proposal submission. ☐
I have reviewed this checklist and verified that all required items are included in this proposal packet. Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures) X Applicant Authorized Signature (see Applicant Information Form, item P, next page) * Attachments other than those listed above will be removed from the proposal and not considered during the proposal evaluation process. “
Applicant Information Form Instructions
Applicant Information Form: Instructions
A. Applicant: Complete the required information for the city or community-based organization submitting the proposal. Indicate applicant type. For cities, the Applicant may be the city itself or a designated department or office. Check the appropriate box to indicate City or CBO.
B. Tax Identification Number: Provide the tax identification number of the Applicant.
C. CBO Applicants ONLY – Location of Services: Identify the city or cities where the CBO will provide services to residents. The city must be one of the 53 cities listed in Table 1 of the RFP.
D. CBO Applicants ONLY – Sub-Recipients: CBOs are allowed to be a direct grantee and a subgrantee for up to two (2) other applications. List other applications where you are named as a sub-recipient.
E. Project Title: Provide the title of the proposed project.
F. Name of Strategy (or Strategies) to be Implemented: List the violence reduction strategy or strategies that will be implemented with the CalVIP funds (e.g. Focused Deterrence, Street Outreach, Hospital-Based Intervention, Mentoring, Case Management, etc.).
G. Project Summary: Provide a summary (100-150 words) of the proposed project. Note: this information may be posted to the BSCC’s website for informational purposes.
H. Key Partner Agencies: List all key partner agencies (see page 14 of the RFP).
I. Type of Project to be Implemented: Identify whether the project will be a NEW effort, an ENHANCEMENT of an existing effort (i.e. increased services provided to existing population) or an EXPANSION of an existing effort (i.e. additional individuals served).
J. Grant Funds Requested: Enter the total amount of grant funds you are requesting.
K. Match Funds Committed: Enter the total amount of match funds committed (must equal amount in item I).
L. City Applicants ONLY – Pass-Through Amount: City applicants must enter the amount of grant funds that will be passed through to one or more CBO or public agencies or departments, other than law enforcement agencies or departments, that are primarily dedicated to community safety or violence prevention. Also enter the amount as a percentage (minimum 50%).
M. Project Director: Provide the name, title, and contact information for the individual responsible for oversight and management of the proposed project. This person must be an employee of the Applicant agency.
N. Financial Officer: Provide the name, title, and contact information for the individual responsible for fiscal oversight and management of the project. Typically, this is the individual that will certify and submit invoices. This person must be an employee of the Applicant agency.
O. Day-to-Day Project Contact: Provide the name, title, and contact information for the individual who serves as the primary contact person for the grant. Typically, this individual has day-to-day oversight for the project.
P. Day-to-Day Fiscal Contact: Provide the name, title and contact information for the individual who serves as the primary contact person for fiscal matters related to the grant. This may be the individual who prepares the invoices for approval by the Financial Officer.
Q. Authorized Signature: Complete the required information for the person authorized to sign for the Applicant. This individual must read the assurances under this section, then sign and date in the appropriate fields
.
CalVIP Applicant Information Form | Page 1 of 2
CalVIP Applicant Information Form
A. APPLICANT: B. TAX IDENTIFICATION NUMBER:
NAME OF APPLICANT TAX IDENTIFICATION #
STREET ADDRESS CITY STATE ZIP CODE
MAILING ADDRESS (if different) CITY STATE ZIP CODE
APPLICANT TYPE: ☐ COMMUNITY-BASED ORGANIZATION (CBO) ☐ CITY C. CBO APPLICANTS ONLY –
LOCATION OF RESIDENTS RECEIVING SERVICES (MUST BE CITY OR CITIES LISTED IN TABLE 1):
D.CBO APPLICANTS ONLY – LIST ANY APPLICATIONS WHERE YOU ARE NAMED AS A SUB-RECIPIENT E. PROJECT TITLE:
F. STRATEGY TO BE IMPLEMENTED:
G. PROJECT SUMMARY (100-150 words):
G. KEY PARTNER AGENCIES
(if applicable):
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
H. TYPE OF PROJECT: ☐ NEW ☐ ENHANCEMENT ☐ EXPANSION
I. GRANT FUNDS REQUESTED: $ J. MATCH FUNDS: $
K. CITY APPLICANTS ONLY – PASS-THROUGH AMOUNT: $ %
L. PROJECT DIRECTOR:
NAME TITLE TELEPHONE NUMBER (direct line)
STREET ADDRESS CITY
STATE ZIP CODE EMAIL ADDRESS
M. FINANCIAL OFFICER:
NAME TITLE TELEPHONE NUMBER (direct line)
STREET ADDRESS CITY
STATE ZIP CODE EMAIL ADDRESS
CalVIP Applicant Information Form | Page 2 of 2
PAYMENT MAILING ADDRESS (if different) CITY STATE ZIP CODE N. DAY-TO-DAY PROGRAM CONTACT:
NAME TITLE TELEPHONE NUMBER (direct line)
STREET ADDRESS CITY
STATE ZIP CODE EMAIL ADDRESS
* Authorized Signature: Must be a representative with the authority to sign documents and obligate the applicant.
O. DAY-TO-DAY FISCAL CONTACT:
NAME TITLE TELEPHONE NUMBER (direct line)
STREET ADDRESS CITY
STATE ZIP CODE EMAIL ADDRESS
P. AUTHORIZED SIGNATURE*:
By signing this application, I hereby certify I am vested by the Applicant with the authority to enter into contract with the BSCC, and the grantee and any subcontractors will abide by the laws, policies, and procedures governing this funding.
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE (Blue Ink or E-signature only) DATE
CalVIP Proposal Narrative | Page 1 of 12
CalVIP Proposal Narrative
The Proposal Narrative section may not exceed twelve (12) pages total. See pages 25- 28 for corresponding Rating Factors and Rating Criteria.
1. Description of Community Need (Percent of Total Value: 15%)
2. Project Description (Percent of Total Value: 40%)
3. Organizational Capacity and Coordination (Percent of Total Value: 20%)
4. Project Evaluation and Monitoring (Percent of Total Value: 12%) CalVIP Project Work Plan | One Page
CalVIP Project Work Plan (may not exceed one (1) page. See Appendix K for instructions) (1) Goal:
Objectives
(A., B., C...):
A.
B.
C.
Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date
1. 2.
3. 4.
(2) Goal:
Objectives
(A., B., C...):
Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date
1. 2.
3. 4.
(3) Goal:
Objectives
(A., B., C...):
A.
B.
C.
Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date
1. 2.
3. 4.
CalVIP Project Budget
5. Project Budget (Percent of Total Value: 13%)
As part of the CalVIP proposal package, applicants are required to submit the 2022 CalVIP Grant Project Budget and Budget Narrative (Budget Attachment). Detailed instructions for completing the Budget Attachment are listed on the Instructions tab of the Excel workbook:
To access the CalVIP Budget Attachment, click here.
The Budget Attachment may not exceed four (4) pages total. See page 29 for corresponding Rating Factors and Rating Criteria.
Upon submission, the Budget Attachment will become “Section 5: Project Budget,” making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Attachment and are encouraged to double check all entries.
All project costs must be directly related to the objectives and activities of the proposed project. The Budget Attachment covers the entire grant period. For example, if you are requesting $1 million (with a $1 million match), the Budget Table must total to $2 million, and the corresponding Narrative must explain how that $2 million will be spent over the grant period.
Additional guidance on grant budgets can be found in the BSCC Grant Administration Guide, located on the BSCC website.
Additional Mandatory Documents
Additional RFP Mandatory Documents
Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds Please see Appendix C
Letters of Commitment from Key Partners
Please see Appendix E
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement
Please see Appendix I
CITY OF DELANO
STAFF REPORT
date May 1, 2023
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: Approval of agreement for lease of land at the Mcfarland-Delano Recycling and Transfer Station and authorization for the City Manager to sign the agreement and any other documents needed to carry this out.
Recommendation
Approve the agreement and authorize the City Manager to sign the same.
Discussion
The City of Delano has leased 11.44 acres of Kern County property at the McFarland-Delano Transfer Station since 2016, and it is staff’s recommendation that said lease be renewed and that an additional 25 acres be added for groundwater recharge purposes. The base rent would be $2,000.00 per year, and the term of the lease is five years with additional four years of extensions.
The groundwater recharge will be accomplished in conjunction with the Southern San Joaquin Irrigation District with water allocations that they have from time to time available for this use.
Groundwater recharge efforts are necessary to meet requirements of the California Sustainable Groundwater Management Act (SGMA).
Budget Impact
The Water Fund would pay the $2,000.00 annual fee under its Contractual Maintenance line item.
Attachment Agreement
GROUND LEASE AGREEMENT
AT MCFARLAND-DELANO
RECYCLING AND TRANSFER STATION
(County of Kern – City of Delano)
DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75 i
TABLE OF CONTENTS
RECITALS .............................................................................................................................................1 AGREEMENT ........................................................................................................................................1
1. Premises .......................................................................................................................................... 1
2. Term ................................................................................................................................................ 1
3. Option to Extend Term: .................................................................................................................. 2
4. Right to Terminate .......................................................................................................................... 2
5. Hold Over ........................................................................................................................................ 2
6. Consideration .................................................................................................................................. 2 a. General ................................................................................................................................... 2 b. Option Term(s) ....................................................................................................................... 2 c. Hold Over Term(s) ................................................................................................................. 2
7. Purpose ............................................................................................................................................ 2 a. In General ............................................................................................................................... 2 b. No Nuisance ........................................................................................................................... 2
8. Condition of Premises: .................................................................................................................... 3
9. Construction of Improvements: ...................................................................................................... 3 a. Compliance with Laws .......................................................................................................... 3 b. Approval of Plans – Initial and Alterations ........................................................................... 3 c. Commencement and Completion of Construction ................................................................. 3 d. Force Majeure ........................................................................................................................ 3 e. Permits ................................................................................................................................... 3
10. Construction Assurance: ................................................................................................................. 4 a. A Performance Bond .............................................................................................................. 4 b. An Irrevocable Letter of Credit .............................................................................................. 4 c. An automatically renewable Time Certificate of Deposit ..................................................... 4 d. General Requirements ............................................................................................................ 4
11. Repair and Maintenance.................................................................................................................. 4 a. In General ............................................................................................................................... 4 b. Failure by City to Repair and Maintain ................................................................................. 4
12. Utilities and Services; Modification of Utilities ............................................................................. 4
13. Taxes and Assessments ................................................................................................................... 5
14. City’s Furniture, Fixtures and Equipment ...................................................................................... 5 a. In General ............................................................................................................................... 5 b. Abandonment of FF&E .......................................................................................................... 5 c. FF&E as Security ................................................................................................................... 5
15. Damage and Destruction ................................................................................................................. 5
16. Signs: ............................................................................................................................................... 5
17. Condemnation: ................................................................................................................................ 5
18. Right of Inspection .......................................................................................................................... 6
19. Hazardous Materials ....................................................................................................................... 6 a. No Hazardous Materials ........................................................................................................ 6 b. Clean Up of Hazardous Materials .......................................................................................... 6 c. Failure by City to Clean Up ................................................................................................... 6 d. Receipt of Notice of Violation ............................................................................................... 6
20. Indemnification ............................................................................................................................... 6 a. In General ............................................................................................................................... 6 DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75 ii
b. Environmental ........................................................................................................................ 7 c. Survival of Indemnification Obligations ............................................................................... 7
21. Release and Waiver; Waiver of Civil Code Section 1542 .............................................................. 7 a. Release and Waiver ................................................................................................................ 7 b. Waiver of Civil Code Section 1542 ....................................................................................... 7
22. City Maintenance of Insurance ....................................................................................................... 7 a. Workers’ Compensation and Employer’s Liability Insurance Requirements ....................... 8 1) Worker’s Compensation Insurance – City Employees ................................................. 8 2) Worker’s Compensation Insurance – City Subcontractors ........................................... 8 3) Employer’s Liability Insurance ..................................................................................... 8 b. Liability Insurance Requirements .......................................................................................... 8 1) In General – 8
(a) Commercial General Liability Insurance ............................................................... 8 (b) Automobile Liability Insurance ............................................................................. 8 2) Additional Insureds 8
3) Self-Insurance 9
4) Claims-Made 9
c. Fire and Casualty Insurance ................................................................................................... 9 d. Cancellation of Insurance....................................................................................................... 9 e. Insurance Company Rating .................................................................................................... 9 f. City Self-Insured .................................................................................................................... 9 g. Primary Insurance .................................................................................................................. 9 h. No Limitations by Policy Limits .......................................................................................... 10 i. Failure to Maintain Insurance .............................................................................................. 10
23. Liens and Encumbrances .............................................................................................................. 10
24. Breach by City .............................................................................................................................. 10
25. Remedies of County ...................................................................................................................... 10
26. No Waiver of Breach .................................................................................................................... 10
27. Force Majeure ............................................................................................................................... 10 a. Definition ............................................................................................................................. 10 b. Consequences ....................................................................................................................... 11
28. Quiet Possession ........................................................................................................................... 11
29. Assignment and Subletting ........................................................................................................... 11 a. No Assignment or Subletting ............................................................................................... 11 b. Referral to Board of Super ................................................................................................... 11 c. Failure to Obtain Consent .................................................................................................... 11 d. No Waiver or Limitation on Consent ................................................................................... 11 e. City in Compliance .............................................................................................................. 11
30. Surrender of Premises ................................................................................................................... 11 a. In General ............................................................................................................................. 11 b. Improvements ...................................................................................................................... 12
31. Notices .......................................................................................................................................... 12
32. Authorized Agent of County ......................................................................................................... 12
33. Miscellaneous Provisions .............................................................................................................. 12 a. Negation of Partnership ....................................................................................................... 12 b. Conflict of Interest ............................................................................................................... 12 c. Nondiscrimination ................................................................................................................ 13 d. Incorporation of Prior Agreements ...................................................................................... 13 DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75 iii
e. Remedies not Exclusive ....................................................................................................... 13 f. Severability .......................................................................................................................... 13 g. Governing Law; Venue ........................................................................................................ 13 h. Compliance with Laws ........................................................................................................ 14 i. Successors ............................................................................................................................ 14 j. No Third Party Beneficiaries ............................................................................................... 14 k. Covenants and Conditions ................................................................................................... 14 l. Modification ......................................................................................................................... 14 m. Authorization ....................................................................................................................... 14 n. Construction ......................................................................................................................... 14 o. Recitals ................................................................................................................................. 14 p. Captions ............................................................................................................................... 14 q. Exhibits ................................................................................................................................ 14 r. Time of Essence ................................................................................................................... 14 EXHIBIT “A” – PREMISES ..................................................................................................................1 EXHIBIT “B” – ENVIRONMENTAL TERMS ....................................................................................2 DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
GROUND LEASE AGREEMENT
AT THE MCFARLAND-DELANO RECYCLING AND TRANSFER STATION
(County of Kern – City of Delano)
THIS AGREEMENT (“Agreement”) is executed at Bakersfield, California, on ___________________ (“Execution Date”) by and between the COUNTY OF KERN, a political subdivision of the State of California (“County”), and the CITY OF DELANO, a municipal corporation (“City”). County and City are referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
A. County owns real property described as Assessor’s Parcel Numbers 521-090-35, 521- 090-13 and (a portion of) 521-090-14, located west of Stradley Avenue and south of Woollomes Avenue, Delano, County of Kern, State of California (collectively, “Property”).
B. The City of Delano has leased a portion of the Property since 2016, specifically Assessor’s Parcel Numbers 521-090-13 and (a portion of) 521-090-14, for the purpose of operating, or subleasing the operation of, a water management program to benefit the community of Delano (“Original Agreement”).
C. The Original Agreement expired on August 25, 2021. The City desires to continue using the Property for the same purpose of the Original Agreement, enter into a new lease term, and include an additional 25 acres of County owned sump land, located on Assessor’s Parcel Number 521-090-35, for the same purpose and inclusive of a groundwater recharge project.
D. Pursuant to Government Code Section 26227, County, by a four-fifths vote of its Board of Supervisors, may make contracts leasing County property for public purposes.
E. County believes City’s continued use, operation, and maintenance of a portion of the Property is in the best interest of the general public.
AGREEMENT:
1. Premises - For and in consideration of the terms, covenants, and conditions contained in this Agreement, County leases to City, and City leases from County, unimproved real property located west of Stradley Avenue and south of Woollomes Avenue, Delano, County of Kern, State of California, described as Assessor’s Parcel Numbers 521-090-35, 521-090-13 and (a portion of) 521- 090-14, and depicted on the site map attached as Exhibit “A” (collectively, “Premises”).
2. Term:
a. Initial Term – The initial term of this Agreement (“Term”) shall commence on the execution date and terminate five (5) years thereafter, unless sooner terminated as provided in this Agreement.
b. Extension of Term to Remove Hazardous Materials – If any Hazardous Materials are found on the Premises, County may, at its sole discretion, require City to remain in possession of the Premises beyond the expiration of the Term until County determines that DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
such Hazardous Materials are no longer present. “Hazardous Materials,” as used in this Agreement, shall be defined as stated in Exhibit “B.”
3. Option to Extend Term: Provided City is not in default of any of the provisions of this Agreement, County hereby grants to City the option to renew and extend this Agreement for two, two (2) year terms from and after the expiration of the original Term. City may exercise said option by giving County written notice of its intention to do so not less than sixty (60) calendar days prior to the expiration of the initial term, or if the first option term is exercised, 60 days prior to expiration of the option term. The Chief General Services Officer (“CGSO”), at the CGSO’s sole discretion, may accept or reject the request to extend. If an option is exercised, Term shall include the option term. Term shall also include any hold over period. All provisions of this Agreement shall remain in full force and effect during any extension hereof or holding over.
4. Right to Terminate: Either Party may terminate this Agreement by providing a ninety (90) day prior written notice to the other Party stating the termination date and the reason for said termination.
5. Hold Over: If City holds over after the expiration of the Term, with the express or implied consent of County, such holding over shall be a tenancy only from month to month and shall be governed by the terms, covenants, and conditions contained in this Agreement. At County’s option, City shall pay during such holding over such rental consideration as County may determine appropriate, based on the then-prevailing fair market rental value of the Premises.
6. Consideration:
a. General – As consideration for the lease of the Premises during the initial Term, City shall pay to County in lawful money of the United States without deduction or offset, to the Kern County General Services Department, 1115 Truxtun Avenue, 3rd Floor, Bakersfield, CA 93301, or to such persons and at such places as may be designated from time to time by County, an annual amount of $2,000.00 per year (“Base Rent”). The first annual payment of the Base Rent shall be paid within thirty (30) days of the Execution Date (“Payment Date”) and thereafter for the balance of the Term, shall be paid on or before the anniversary of the Payment Date. Each annual rent payment shall only be in consideration for the right to possess, occupy and use the Premises, as defined in Section 7, for the subsequent year. (“Consideration”). b. Option Term(s) – The amount of the Base Rent shall be determined by County but shall not be adjusted more than 10 percent higher than the previous year’s rent. County shall inform City of any change in rent within thirty (30) days of the anniversary of the Payment Date. c. Hold Over Term(s) – The amount of monthly rent shall be determined by County as set forth in Section 5.
7. Purpose:
a. In General – This Agreement is made for the purpose of allowing City to operate or sublease the Premises for the operation of a water management program to benefit the community of Delano. City shall not use or permit the Premises to be used or any other purpose without the prior written consent of the Kern County Director of Public Works (“Director”), which shall not be unreasonably withheld.
b. No Nuisance – City shall not do or permit any act or thing to be done upon the Premises that will obstruct or interfere with the rights of County or any others, or injure or annoy County or others. City shall not cause, maintain, or permit any nuisance or waste on or about DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
the Premises, or allow the Premises to be used for any unlawful purpose. Within seventy-two (72) hours of receiving written notice from County that a nuisance exists, City shall abate or otherwise cause the nuisance to be abated. If City has not taken corrective action within seventytwo (72) hours, then County may enter and abate the nuisance at the sole cost of City without any liability whatsoever to County. City shall not allow any offensive matter, refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, to remain on the Premises or within a distance of fifty (50) feet thereof, and shall prevent any accumulation thereof from occurring.
8. Condition of Premises: City has leased the Premises since 2016 and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent. City is aware that certain oil or gas pipeline easements may affect the Premises.
County does not warrant or represent the Premises to be suited to City’s purposes.
9. Construction of Improvements:
a. Compliance with Laws – All construction shall comply with the terms and conditions of all federal, state and local rules, regulations, codes, and laws that govern the development of the Premises.
b. Approval of Plans – Initial and Alterations – Before commencing any construction and before making any exterior or structural alterations, additions or improvements to the Premises, City shall prepare and submit three (3) sets of plans and specifications (“Plans”) for the structures, landscaping, and the manner in which City shall connect to utilities, for review and approval of the Director. Within sixty (60) days thereafter, City shall be notified of approval, disapproval, or recommended modification of the Plans. City shall be notified of approval, disapproval, or recommended modification of the Plans. City shall thereupon have thirty (30) days in which to resubmit the appropriately revised Plans, or appeal in writing to the CGSO for approval or disapproval of the Plans. The CGSO’s decision shall be final. c. Commencement and Completion of Construction – Upon final approval by the Director and CGSO of the Plans, City shall commence the construction of improvements within thirty (30) days from the date of final approval, and shall diligently complete the construction, and in no event later than six (6) months from commencement. If City fails to meet those deadlines, County shall give a fifteen (15) day notice to City, requiring City either (i) to commence or complete construction, as applicable, within that fifteen (15) day period or (ii) to explain to the sole satisfaction of the Director the reason for the delay. If City satisfies neither condition within the fifteen (15) day period, County, at its sole discretion after expiration of the fifteen (15) day period, may terminate this Agreement and either (i) take over construction of the improvements, or (ii) demolish the in-construction improvements, with all costs of construction or demolishment reimbursed by City to County. d. Force Majeure – City’s time for commencement and completion of construction shall be extended if City’s performance is prevented by Force Majeure events, as defined and provided in Section 27. City’s request for such extension of time shall be present to the Director within five (5) days immediately following the happening of a Force Majeure event, and the decision of the Director as to the sufficiency of the cause shown in support of such request, and as to the period of time of extension granted, shall be final. e. Permits – Prior to any construction, City shall, with all diligence and at its sole cost, see necessary permits, and address environmental aspects and approvals of such sole cost, seek necessary permits, and address environmental aspects and approvals of such construction.
DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
10. Construction Assurance: Prior to the commencement of any construction or work of improvement on the Premises (“Improvements”), City shall furnish to County evidence that sufficient moneys will be available to complete the Improvements. Such evidence shall represent at least the total estimated cost of construction, and such evidence may take one of the following forms:
a. A Performance Bond – to be supplied by City’s contractor or contractors and issued jointly to City and County as Obligee. City’s contractor or contractors shall also submit to County, a Certificate of Insurance as evidence of Workers’ Compensation Insurance Coverage; or
b. An Irrevocable Letter of Credit – or other form of Banker’s assurance issued to County from financial institution licensed to do business in the State of California and covered by Federal Depository Insurance which shall remain in effect until County acknowledges satisfactory completion of construction Upon final approval by the Director and CGSO of the Plans, City shall commence the construction of improvements; or c. An automatically renewable Time Certificate of Deposit – made payable to County issued by a financial institution licensed to do business in the State of California and covered by Federal Depository Insurance which shall remain in effect until County acknowledges satisfactory completion of construction of the Improvements. d. General Requirements – all Bonds Bonds, Letters of Credit and/or Time Certificates shall be acceptable to County in content and in form and shall insure City’s faithful performance of the terms and conditions of this Agreement which relate to the construction of the Improvements on the Premises.
11. Repair and Maintenance:
a. In General – During the Term, City shall, at its sole cost, repair and maintain the entirety of the Premises, the Improvements thereon, and its FF&E in a clean, sanitary, and safe condition and in compliance with the terms, covenants and conditions of this Agreement and all applicable federal, state and local laws, rules and regulations (“Applicable Laws”). City shall maintain all fencing on the perimeter of the Premises in good working order and repair and in a safe, sanitary, ad clean condition. City shall remove or trim and properly dispose of vegetation that may grow or collect on the Premises, and shall remove and properly dispose of any rubbish or materials that may collect on the Premises. b. Failure by City to Repair and Maintain – Repair and maintenance shall be to the sole satisfaction of County, and if City fails to fulfill any duty imposed under this Section 10 within a reasonable period of time, County may, but is not required to, perform those duties at City’s sole cost. City shall promptly cooperate with County if County undertakes to perform any such duties. No action by County taken pursuant to this Section 11.b shall constitute a waiver of any of City’s obligations under Section 11. City’s obligations under Section 11 shall survive the expiration or termination of this Agreement.
12. Utilities and Services; Modification of Utilities: City shall pay, during the Term, and during any extension or hold over, directly to each respective utility provider for all utilities used by City in connection with its operations on the Premises. The term “utilities” for the purposes of this Agreement shall include, without limitation, gas, electricity, water, sewer, telephone or internet service, pest control, alarm monitoring, and trash and refuse disposal services. City shall not modify any utilities on the Premises without the prior written consent of the CGSO, which may be granted or withheld at the CGSO’s sole discretion. If modifications to utilities are approved by the CGSO, City shall be solely responsible for the cost of such modifications unless otherwise agreed upon by the Parties.
DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
13. Taxes and Assessments: City shall pay all taxes, fees, charges, and assessments levied by any governmental agency upon any interest acquired by City under this Agreement. City is aware that certain possessory interests may be created by entering into this Agreement and that such interests will be subject to the payment of property taxes levied on such interest. City is also aware that the construction of the Improvements may trigger the payment of property taxes levied on the Improvements.
14. City’s Furniture, Fixtures and Equipment:
a. In General – City may install its own FF&E on the Premises at its sole cost. In addition to City’s obligations under Section 30, at the expiration or termination of this Agreement, City shall remove its FF&E, and repair any damage to the Premises as a result of removal, at its sole cost.
b. Abandonment of FF&E – Any FF&E belonging to City and left on the Premises shall be kept for a reasonable time by County, but in no event longer than thirty (30) days after County gives City written notice to remove such property from the Premises. After the thirty (30) day period, if not so removed, the FF&E may be treated by County as abandoned and declared to be County-owned property, and County may, at City’s sole cost, repair any damage to the Premises as a result of removal. The costs charged to City may include, without limitation, consideration for the additional time City or its FF&E occupied the Premises beyond the deadlines and disallowed County’s full utilization of the Premises as the owner of the property. c. FF&E as Security – If, at the time of expiration or termination of this Agreement, City is in default of any of the terms, covenants, or conditions of this Agreement, including the payment of rent or any other sums due under this Agreement, City shall not remove from the Premises any of its FF&E, and such personal property shall remain in the Premises as security for the cure of such default, until such time as such default is fully cured by City and any costs incurred by County, including attorneys' fees, are paid in full by City to County.
15. Damage and Destruction: If the Premises is damaged or destroyed, City may elect to terminate this Agreement by providing to County written notice of such termination thirty (30) days prior to the effective termination date. If City elects to terminate, the provisions of Sections 30 and 14 would still be in effect.
16. Signs: City, at its sole cost, shall have the right to affix and install reasonable signs on the Premises to identify the Premises, and such signs shall comply with all Applicable Laws, including those of County, and any installation of signage shall be approved in writing by the Director prior to installation.
Any damage to the Premises or Property occasioned by the installation and maintenance of any such sign, and the cost of removal or obliteration thereof upon the expiration or termination of this Agreement, shall be paid by City.
17. Condemnation: If all or any part of the Premises is taken as a result of the exercise of the power of eminent domain, this Agreement shall terminate as to the part so taken as of the date of taking, and in the case of a partial taking, either Party shall have the right to terminate this Agreement as to the balance of the Premises by notice to the other Party within thirty (30) days after such date. However, a condition to the exercise by City of such right to terminate shall be the portion of the Premises taken shall be of such extent and nature, in City’s reasonable judgment, as substantially to handicap, impede or impair City’s use of the balance of the Premises. In the event of any taking, the proceeds shall belong to County.
DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
18. Right of Inspection: County shall have the right to enter upon the Premises at all reasonable times to inspect the Premises and City’s operations thereon. County reserves all rights in and with respect to the Premises, not inconsistent with City’s use of the Premises as provided in Section 6, including without limitation the right of County to enter upon the Premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines, as County may deem desirable in connection with the development or use of the Premises.
County shall compensate City for damage to City’s FF&E caused by the exercise of the rights reserved in this Section 18.
19. Hazardous Materials:
a. No Hazardous Materials – City shall not permit any Hazardous Materials to be stored or brought onto the Premises without the prior written consent of the CGSO, which may be granted or withheld in the CGSO’s sole discretion. If City spills any Hazardous Materials anywhere on the Premises, City shall cleanup said spill, at its sole cost, and to the sole satisfaction of County. “Hazardous Materials,” as used in this Agreement, shall be defined as stated in Exhibit “B.”
b. Clean Up of Hazardous Materials – If any governmental authority or court, which has jurisdiction, demands that a cleanup plan be prepared and/or that a cleanup be undertaken because of any deposit, spill, discharge, or other release of any Hazardous Materials at, on, or from the Premises occurring at any time during City’s occupancy of the Premises, or which arises at any time as a result of any use or occupancy of the Premises by City, then City shall, at its sole cost, prepare and submit the required plans and all related bonds and other financial assurances and carry out all such cleanup plans in a timely manner. c. Failure by City to Clean Up – City shall promptly provide all information regarding the use, generation, storage, transportation, or disposal of Hazardous Materials that is requested by County. If City fails to fulfill any duty imposed under this Section 19.c within a reasonable period of time, County may, but is not required to, perform those duties at City’s sole cost. City shall promptly cooperate with County if County undertakes to perform any such duties. No action by County taken pursuant to this Section 19.c shall constitute a waiver of City’s obligations under this Section 19. City obligations under this Section 19 shall survive the expiration or termination of this Agreement.
d. Receipt of Notice of Violation – If City becomes aware of or receives notice or other communications concerning any actual, alleged, suspected, or threatened violation of any Environmental Requirements, or liability of City in connection with the Premises or past or present activities of any person thereon, then City shall deliver to County within 10 days of receipt of such notice or communication by City, a written description of said violation, liability, correcting information, or actual or threatened event or condition, together with copies of any documents evidencing same. Receipt of such notice shall not create any obligation on the part of County to defend or otherwise respond to any such notification. “Environmental Requirements”, as used in this Agreement, shall be defined as stated in Exhibit “B.”
20. Indemnification:
a. In General – City shall indemnify and defend, upon request of County, County, its governing board, commissions, elected and appointed officials, employees, agents, volunteers, and authorized representatives, and each of them (“Indemnified Parties”), against any and all actions, lawsuits, proceedings, losses, costs, expenses, claims, fines, liabilities, fees (including, but not limited to, reasonable attorneys’ fees of County Counsel and outside counsel DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
retained by County, costs of County staff time, investigation, expert and consultant fees and costs), and damages, including liability for personal injuries or death or property damage, regardless of where located, including property of County, and workers’ compensation claims or suits arising from or connected with any services performed under this Agreement on behalf of City by any person or entity (“Claims”), arising out of or in any way connected with the acts or omissions of City, its employees, agents, independent contractors, or invitees (“City Acts”), unless the Claim is due to the sole default, act or failure to act, gross negligence, or willful misconduct of County or the Indemnified Parties.
b. Environmental – In addition, City shall indemnify and defend, upon request of County, County and the Indemnified Parties against any and all Claims arising out of or in any way connected with any deposit, spill, discharge, or other release of any Hazardous Materials at any time during City’s occupancy of the Premises, or which arises at any time as a result of any uses at, on, or from the Premises or the occupancy of the Premises by City, or as a result of City’s failure to provide any or all information, make any or all of its submissions, and take any or all steps required by any governmental authority or court which has jurisdiction or by any Environmental Requirements.
c. Survival of Indemnification Obligations – City’s obligations under this Section 20 shall survive the expiration or termination of this Agreement.
21. Release and Waiver; Waiver of Civil Code Section 1542:
a. Release and Waiver – City releases County and the Indemnified Parties from all Claims, and waives all Claims against County and the Indemnified Parties, that it may have as of the Execution Date, or may have in the future, relating to this Agreement and any acts or omissions of County or the Indemnified Parties, unless the Claim is due to the sole default, act or failure to act, gross negligence, or willful misconduct of County or the Indemnified Parties. b. Waiver of Civil Code Section 1542 – City waives all rights under California Civil Code 1542, and all rights arising under any similar laws, whether local, state, or federal.
Section 1542 provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement.”
22. City Maintenance of Insurance: In order to protect County and the Indemnified Parties against Claims as a result of City Acts, City shall secure and maintain applicable insurance as described below. City shall not perform any work under this Agreement until City has obtained all applicable insurance required under this Section 22 and the required certificates of insurance, and all required endorsements have been filed with the County’s authorized insurance representative. Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of these insurance requirements. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request by County, City shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter and company to the coverage, limits, and termination provisions shown thereon. City shall promptly deliver to County a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term of this Agreement or as otherwise specified herein. Such certificates and endorsements shall be delivered to County prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. City shall immediately pay any DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by City or County as an additional insured.
a. Workers’ Compensation and Employer’s Liability Insurance Requirements – 1) Worker’s Compensation Insurance – City Employees. If City has employees who may perform any services pursuant to this Agreement, City shall submit written proof that City is insured against liability for worker’s compensation in accordance with the provisions of California Labor Code section 3700.
2) Worker’s Compensation Insurance – City Subcontractors. City shall require any subcontractors to provide worker’s compensation for all of the subcontractors’ employees, unless the subcontractors’ employees are covered by the insurance afforded by City. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, City shall provide and/or require each subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. 3) Employer’s Liability Insurance. City shall also maintain employer’s liability insurance with limits of $1,000,000 for bodily injury or disease. b. Liability Insurance Requirements –
1) In General – City shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:
(a) Commercial General Liability Insurance, including without limitation Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the County), ProductsCompleted Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of City’s performance of work under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. City shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least $1,000,000 each occurrence and $2,000,000 aggregate.
(b) Automobile Liability Insurance, against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired, and non-owned vehicles used in the performance of services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least $1,000,000 each occurrence and $2,000,000 aggregate.
2) Additional Insureds – The Commercial General Liability and Automobile liability Insurance required in Section 22.b shall include an endorsement naming the County and the Indemnified Parties as additional insureds for liability arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11
85. DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
3) Self-Insurance – Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to County and must be approved by the County Risk Manager, which may be granted or withheld at the County Risk Manager’s sole discretion. 4) Claims-Made – If any of the insurance coverages required under this Agreement is written on a claims-made basis, City, at City’s option, shall either (i) maintain said coverage for at least three years following the termination of this Agreement with coverage extending back to the Execution Date; (ii) purchase an extended reporting period of not less than three years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
c. Fire and Casualty Insurance – City, at its sole cost, maintain on the Premises a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of at least 100% of full replacement value. The insurance policy shall be issued in the names of County, City, and any lender, as their interests appear. The insurance policy shall provide that any proceeds shall be made payable to City, and City shall apply and use such proceeds as required by Section 15, subject to the priority rights of any lender. Such insurance shall satisfy the requirements of Section 22.d and shall be issued by a company or companies satisfying the requirements of Section 22.e. On or before the Execution Date, City shall deliver to County certificates of insurance indicating that City has complied with the provisions of this Section 22.c.
d. Cancellation of Insurance – The above-stated insurance coverages required to be maintained by City shall be maintained until the completion of all of City’s obligations under this Agreement. Each insurance policy supplied by City must be endorsed to provide that the coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. City shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
e. Insurance Company Rating – All insurance shall be issued by a company or companies admitted to do business in California and listed in the current “Best’s Key Rating Guide” publication with a minimum rating of A-; VII. Any exception to these requirements must be approved in writing by the County Risk Manager, which may be granted or withheld at the County Risk Manager’s sole discretion. f. City Self-Insured – If City is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, City shall provide coverage equivalent to the insurance coverages and endorsements required above. County will not accept such coverage unless the County Risk Manager determines, in his/her sole discretion and by written acceptance, that the coverage proposed to be provided by City is equivalent to the above-required coverages.
g. Primary Insurance – All insurance afforded by City pursuant to this Agreement shall be primary to and not contributing to all insurance or self-insurance maintained by County. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shall waive any right of recovery (waiver of subrogation) against County.
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h. No Limitations by Policy Limits – Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve City for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage, or to preclude County from taking such other actions as are available to it under any other provision of this Agreement or otherwise under Applicable Laws.
i. Failure to Maintain Insurance – Failure by City to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by City. County, at its sole option, may terminate this Agreement and obtain damages from City resulting from said breach. Alternatively, County may purchase such required insurance coverage, and without further notice to City, County shall deduct from sums due to City any premiums and associated costs advanced or paid by County for such insurance. If the balance of monies obligated to City pursuant to this Agreement is insufficient to reimburse County for the premiums and any associated costs, City shall reimburse County for the premiums and pay for all costs associated with the purchase of said insurance within ten (10) days of demand by County. Any failure by County to take this alternative action shall not relieve City of its obligation to obtain and maintain the insurance coverages required by this Agreement.
23. Liens and Encumbrances: City shall keep the Premises free from any liens and encumbrances arising out of any work performed, material furnished, or obligations incurred by City, or from any other cause. If a lien or encumbrances is recorded against the Premises, and City fails to remove the lien or encumbrance or post a bond to remove same within fifteen (15) days after its filing, County shall give a fifteen (15) day notice to City, requiring City to remove or bond around the lien or encumbrance within the fifteen (15) day period. If City fails to do so within the fifteen (15) day period, County, at its sole discretion after expiration of the fifteen (15) day period, may obtain a bond, with all costs of the bond to be reimbursed by City to County.
24. Breach by City: In the event of the breach by City of any term, covenant, or condition, City shall have thirty (30) days after written notice has been given to City by County to cure, except for breach of the nuisance provisions of Section 6.b, which allows seventy-two (72) hours to cure. If City fails to cure within the stated time periods, County may exercise its remedies under Section 25.
25. Remedies of County: In the event of a breach by City, then County shall have the right to terminate City’s right to possession of the Premises by giving written notice of termination to City, and thereby terminating this Agreement.
26. No Waiver of Breach: The waiver by County of any term, covenant, or condition contained in this Agreement must be in writing and shall not be deemed to be a waiver of any subsequent breach of the term, covenant or condition contained in this Agreement, and no custom or practice that may arise between the Parties during the course of this Agreement shall be construed to waive or lessen the right of County to the performance by City in strict accordance with the terms of this Agreement.
27. Force Majeure:
a. Definition – Neither Party shall be held responsible or be deemed to be in default under this Agreement for any delay in performance or failure to perform any of its obligations, if such delay or failure is the result of causes beyond the control and without negligence of the Party. Such causes include, without limitation, acts of nature, strikes, lockouts, riots, DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
insurrections, civil disturbances or uprisings, sabotage, embargoes, blockages, acts of war or terrorism, acts or failure to act by any governmental or regulatory body (whether civil or military, domestic or foreign), governmental regulations superimposed after the fact, communication line failures, power failures, fires, explosions, floods, accidents, epidemics, earthquakes, tsunamis, or other natural or man-made disasters (“Force Majeure”). Lack of funds shall not be a Force Majeure event.
b. Consequences – The Party affected by a Force Majeure event, upon giving prompt notice to the other Party, shall be excused from performance to the extent of such prevention, restriction, or interference, on a day-to-day basis until the Force Majeure event is removed, and the other Party shall likewise be excused from performance of its obligation which relate to the performance so prevented, restricted, or interfered with. The affected Party shall use its best efforts to avoid or remove the causes of nonperformance and to minimize the consequences thereof, and both Parties shall resume performance when the Force Majeure event is removed.
28. Quiet Possession: City, in keeping and performing the terms, covenants and conditions herein contained on the part of City to be kept and performed, shall at all times during the Term peaceably and quietly have, hold, and enjoy the Premises.
29. Assignment and Subletting:
a. No Assignment or Subletting – City shall not sublease, assign, transfer, mortgage, or otherwise convey this Agreement, or any of its rights and interests hereunder, including its leasehold rights and interests granted by this Agreement, without the prior written consent of the CGSO.
b. Referral to Board of Supervisors – However, the CGSO may, at his/her discretion, refer City’s request to (i) sublease, (ii) assign, (iii) transfer, (iv) mortgage, or (v) otherwise convey this Agreement or City’s ground leasehold rights and interests, to the Board for consideration.
c. Failure to Obtain Consent – If City shall sublease, assign, transfer, mortgage, or otherwise convey this Agreement, or its rights and interests hereunder, or attempt to do so in violation of the foregoing provision, then in addition to any and all other rights and remedies available to it, County may, at its option by written notice to City, either declare such sublease, assignment, transfer, mortgage, or other conveyance void or terminate this Agreement and all rights and interests of City and all other persons hereunder. d. No Waiver or Limitation on Consent – Any consent to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as consent to any different or subsequent sublease, assignment, transfer, mortgage, or conveyance. This clause shall not be construed to limit any right or remedy which County may become entitled to as a matter of law or become entitled to by reason of City’s actions or failures to act. e. City in Compliance – As a condition of County’s consent to any conveyance of this Agreement, City must be in compliance with all terms, covenants, and conditions of this Agreement, including without limitation the payment of all monies due to County.
30. Surrender of Premises:
a. In General – On the last day of the Term, or sooner termination of this Agreement, City shall peaceably and quietly leave, surrender, and yield up to County the Premises in as good a condition and state of repair as it existed on the Execution Date, subject to damage by Force Majeure, and shall comply with Section 14 relating to its FF&E. By the DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
expiration or termination date, City shall have paid all utility bills and contacted the appropriate utility companies to have the utility services properly discontinued or transferred. b. Improvements – Upon expiration or early termination of this Agreement, City agrees that the Improvements,: i) become the property of County; or ii) remain under the maintenance and operation of the City pursuant a new ground lease agreement; or iii) within ninety (90) days of a notice by County, be completely or partially removed by City and the Premises in its entirety returned to a condition suitable to County. County shall provide written notice of its decision regarding the improvements no later than sixty (60) days after the effective termination date.
31. Notices: All notices herein provided to be given, or which may be given, by either Party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid, and addressed as follows:
To City: City of Delano
Public Works Dept.
1015 11th Street
Delano, CA 93215
To County: County of Kern
General Services, Property Management Division
1115 Truxtun Avenue, 3rd Floor
Bakersfield, CA 93301
And County of Kern
Public Works Department
2700 M Street
Bakersfield, CA 93301
The address to which the notices shall be mailed to either Party may be changed by written notice given by such Party to the other, but nothing shall preclude the giving of any such notice by personal service.
32. Authorized Agent of County: The CGSO is the duly authorized agent of County for purposes of this Agreement, and as to any obligations assumed by City, they shall be performed to the sole satisfaction of the CGSO, unless another standard is specified in this Agreement.
33. Miscellaneous Provisions:
a. Negation of Partnership – County shall not become or be deemed a partner or joint venturer with City or associate in any relationship with City other than that of landlord and tenant by reason of the provisions of this Agreement. City shall not for any purpose be considered an agent, officer, or employee of County.
b. Conflict of Interest – The Parties have read and are aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. All Parties agree that they are unaware of any financial or economic interest of any public officer or employee of County relating to this Agreement. It is further understood and agreed that if such a financial interest does exist as of DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75
the Execution Date, County may immediately terminate this Agreement by giving written notice to City. The Parties shall comply with the requirements of Government Code Section 87100 et seq. during the Term.
c. Nondiscrimination –
1) City, in the use of the Premises and in the operations to be conducted under this Agreement, shall not discriminate or permit discrimination against any person or class of persons by reason of race, color, creed, religion, ancestry, sex, age, disability, sexual orientation, or national origin in any manner prohibited by federal, state, or local laws or policies.
2) City shall furnish its accommodations and services on a fair, equal, and nondiscriminatory basis to all Users, and City shall charge only fair, reasonable, and nondiscriminatory prices for its services. However, City may make reasonable and nondiscriminatory rebates, discounts, or other similar price reductions to volume service Users to the extent permitted by Applicable Laws.
3) City shall make its accommodations and services available to the public on fair and reasonable terms without discrimination on the basis of race, color, creed, religion, ancestry, sex, age, disability, sexual orientation, or national origin. 4) City shall not discriminate nor allow discrimination, either directly or indirectly, in hiring or employing persons to work on the Premises. 5) City shall include the language in subsections (1) through (4) in any agreement by which City assigns or transfers any interest in the Premises or this Agreement, or grants a right or privilege to any person, firm, or corporation to use the Premises or to render accommodations and services to the public on the Premises. 6) Non-compliance with subsections (1) through (4) shall constitute a material breach of this Agreement, and in addition to any other remedies provided by Applicable Laws or this Agreement, County shall have the right to terminate this Agreement without liability therefore, may seek an injunction to enforce subsections (1) through (4), and may charge City the sum of $25.00 per day for each incident of a failure to comply.
d. Incorporation of Prior Agreements – This Agreement contains all agreements of the Parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective.
e. Remedies not Exclusive – The use by either Party of any remedy specified herein for the enforcement of this Agreement is not exclusive and shall not deprive such Party of, or limit the application of, any other remedy provided by law, at equity, or otherwise. f. Severability – If any part, term, portion, or provision of this Agreement is decided finally to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into in the first instance. g. Governing Law; Venue – The Parties agree that the provisions of this Agreement shall be construed pursuant to the laws of the State of California. If either City or County initiates an action to enforce the terms of this Agreement or declare rights hereunder, including actions on any bonds and/or surety agreements, the venue thereof shall be the County of Kern, State of California, it being understood that this Agreement is entered into, and will be performed, within the County of Kern.
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h. Compliance with Laws – City shall, at its sole cost, promptly comply with all Applicable Laws, including Environmental Requirements, which may in any way apply to the use, operation, repair, maintenance, occupation of, or operations or construction on, the Premises.
i. Successors – Subject to Section 28, all terms, covenants, and conditions of this Agreement shall extend to, be binding upon, and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective Parties. j. No Third Party Beneficiaries – This Agreement is made for the sole benefit of the Parties and their respective heirs, executors, administrators, successors, and assigns, and no other persons shall have any right of action hereon.
k. Covenants and Conditions – Each provision of this Agreement performable by City shall be deemed both a covenant and a condition.
l. Modification – This Agreement may be modified or amended only by a written document signed by both Parties.
m. Authorization – Each individual executing this Agreement on behalf of either Party represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of that Party, and that this Agreement is binding upon both Parties in accordance with its terms.
n. Construction – The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement. o. Recitals – Each of the recitals is incorporated in this Agreement by reference as if fully set forth in this Agreement at length, is deemed to be the agreement and a reflection of the intent of the Parties, and is relied upon by the Parties in agreeing to the provisions of this Agreement and in interpreting its provisions.
p. Captions – Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. q. Exhibits – All exhibits attached to this Agreement are incorporated into this Agreement by reference.
r. Time of Essence – Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Agreement.
The remainder of this page has been intentionally left blank.
DocuSign Envelope ID: F7A6FA7C-0E94-4CF2-85A2-8C3254836E75 The Parties have executed this Agreement on the Execution Date.
APPROVED AS TO CONTENT: COUNTY OF KERN
By_____________________________
By_____________________________
Geoffrey Hill,
Jeff Flores,
Chairman of the Board
Chief General Services Officer
CITY OF DELANO:
By_____________________________ By_____________________________ APPROVED AS TO FORM:
Office of County Counsel
By______________________________
Brian Van Wyk
Deputy County Counsel
City Attorney’s Office
By ______________________________
Joshua Champlin,
Interim Director
Maribel Reyna,
City Manager
Rachel H. Richman
City Attorney
By_____________________________
Diana Garcia
City Clerk
General Services Division
Kern County Public Works
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EXHIBIT “A” – PREMISES
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For the purpose of this Agreement, the following terms and words shall have the meaning given below:
1. Environmental Requirements. All applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, and similar items of any governmental agency, department, commission, board, bureau, or instrumentality of the United States of America, California, or its political or municipal subdivisions, and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human life or the environment.
2. Hazardous Materials. All flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminates, hazardous waste, toxic substances or related materials, petroleum products, and any substances declared to be hazardous or toxic under any present or future Environmental Requirements or which requires investigation or remediation under any present or future federal, state, or local law, statute, regulation, environmental requirement, order, or rule.
Definition of Environmental Terms
EXHIBIT “B” – ENVIRONMENTAL TERMS
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CITY OF DELANO
STAFF REPORT
May 1, 2023
Agenda Item: 8
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Approval of Agreement of Purchase & Sale and joint escrow instructions with the MC Land Company for 155.88 acres of farmland (APN 520-170-02, -03, -04, -05, -06, -07, and -14) for expansion of the Wastewater Treatment Plant effluent disposal farm, for $4,254,650.00, authorization for the city manager to sign the same and any other documents needed to complete this purchase, and to make immaterial edits to the agreement if needed, and approval of Resolution approving the inter-fund loan for the purchase.
Recommendation
Approve the agreement of purchase & sale and joint escrow instructions with the MC Land Company for 155.88 acres of farmland (APN 047-170-03 & 04) for expansion of the wastewater treatment plant effluent disposal farm, for $4,254,650.00.
Discussion
As the City continues to grow, it will need additional effluent disposal property for the treated effluent generated by the Wastewater Treatment Plant. The subject land has come up for sale and is adjacent to the wastewater treatment plant’s existing effluent disposal land. The City currently owns 1,204 acres of farmland mostly dedicated for the disposal of effluent. As such, the City is currently permitted for 7.20 million gallons per day (mgd), and with the current average daily flows being under 5 mgd, we’re at approximately 70 percent of the maximum permitted flow. The plant capacity is 7.80 mgd, but it is limited to 7.20 mgd due to the available acreage. This additional land purchase would enable the city to grow in population up to the full plant capacity, which would be able to serve approximately 90,000 people.
Budget Impact
The appraised fair market value is $4,400,000.00, above the asking price of $4,254,650.00, and it is recommended that $25,000.00 be added to cover costs associated with the due diligence and escrow fees; an inter-fund loan transfer from the General Fund is requested to cover the $4,254,650.00 budget needed, a resolution to be approved for this inter-fund loan is included. Staff is directed by this action to open escrow and deposit the required “Initial Deposit” of $25,000.00 as per the “Agreement of Purchase and Sale and Joint Escrow Instructions.”
Attachment: Appraisal
Purchase & Sale Agreement
Resolution
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PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is entered into as of May 1, 2023 by and between MC LAND COMPANY, a General Partnership ("Seller") and the CITY OF DELANO, a municipal corporation ("Purchaser").
Recitals
This Agreement is made with reference to the following facts and circumstances, which are a part of this Agreement:
A. Seller is the owner of the real property, improved with almonds, located in the unincorporated area of the County of Kern, State of California, consisting of 156.63 acres, bearing Kern County, California Assessor’s Parcel Number(s) 520-170-02, -03, -04, -05, -06, -07, and -14, legally described on attached Exhibit A and depicted on attached Exhibit B. That real property is referred to in this Agreement as the “Property”.
B. Purchaser desires to purchase the Property from Seller and Seller is willing to sell the Property to Purchaser, all on and subject to the terms and conditions set forth in this Agreement.
For good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows:
Section 1. Definitions.
In addition to terms defined elsewhere in this Agreement, as used in this Agreement the following terms shall have the following definitions:
A. "Environmental Laws" means all federal, state, or local laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority, regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substances.
B "Hazardous Substances" includes without limitation:
(1) All substances, materials, and wastes that are regulated or classified as "hazardous substances," "hazardous wastes," "hazardous materials," "toxic substances," "pollutants," "contaminants" or other similar terms under any federal, state, or local laws, rules, orders, regulations, statutes, ordinances, codes, decrees or requirements; and
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(2) Any petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, material or substance designated as a hazardous substance pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, any flammable explosive, or any radioactive material.
(C) “Business day” means any day, other than a Saturday, Sunday, day designated by the federal government or the State of California as a legal holiday, or day on which the Escrow is closed.
Section 2. Agreement to Sell and Purchase.
Seller agrees to sell and Purchaser agrees to purchase the Property on and subject to the terms and conditions contained in this Agreement.
Section 3. Purchase Price and Payment.
A. The total purchase price for the Property (the “Purchase Price”) is $4,254,650.00 and is payable as follows:
(1) Upon the opening of the Escrow as provided in Section 4, Purchaser agrees to deposit $25,000.00 (the “Deposit”) with the Escrow Agent to be applied as a credit against the Purchase Price at the Closing.
(2) The balance of the Purchase Price (that is, the difference between the Purchase Price and the Deposit) shall be payable in cash upon the Close of Escrow.
Section 4. Escrow.
An escrow (the “Escrow”) is to be opened to consummate the sale with Chicago Title, with Maria Biernat as the Escrow Agent, (the “Escrow Agent”), 4015 Coffee Rd., Suite 100, Bakersfield, CA 93308. A signed counterpart of this Agreement is to be delivered to the Escrow Agent and will serve as escrow instructions, subject to the provisions of the Escrow Agent's standard conditions for acceptance of escrow, but only to the extent that the standard conditions impose no additional obligations or liabilities on the parties, and further subject to the terms and conditions in this Agreement, the latter to control in the case of conflict.
Section 5. Certain Conditions to Purchaser's and Seller’s Performance.
A. Purchaser's obligation to perform under this Agreement and to complete the purchase of the Property is subject to the satisfaction, or express written waiver by Purchaser, of the following conditions:
(1) Seller's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Closing Date; 4878-6987-5548 v2
(2) Seller's performance of all obligations to be performed by Seller under this Agreement;
(3) The Title Company being prepared to issue the Title Policy on the Closing Date, subject only to the Approved Exceptions (as defined in Section 6A); and
(4) Approval of the terms and conditions of this Agreement by the City Council of Purchaser.
B. Seller's obligation to perform under this Agreement and to complete the sale of the Property is subject to the satisfaction, or express written waiver by Seller, of the following conditions:
(1) Purchaser's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Closing Date; and (2) Purchaser's performance of all obligations to be performed by Purchaser under this Agreement.
Section 6. Title; Inspections.
A. Promptly following the execution of this Agreement, the Purchaser shall cause Chicago Title Company (the "Title Company") to issue and deliver to Purchaser (with a copy to Seller) a preliminary report (the "Preliminary Report”) for a ALTA Owner's Policy of Title Insurance for the Property, together with copies of all documents relating to title exceptions referred to in the Preliminary Report. Purchaser shall approve or disapprove each exception shown in the Preliminary Report (each an "Exception") within twenty-one (21) days following the receipt of the Preliminary Report and any amendments or updates of the Preliminary Report; except that Purchaser will not have the right to object and will accept title subject to the lien of property taxes not yet due (the “Deemed Approved Exceptions”). Purchaser's failure to given written notice of objection within the twenty-one (21) day period shall be deemed to be an approval of the Exceptions.
If any Exception is disapproved in writing (each a "Disapproved Exception"), Seller shall, within thirty (30) days following expiration of the twenty-one (21) day period provided above, use its best efforts to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, of record, and in a form that is reasonably satisfactory to Purchaser, all at Seller's sole cost and expense. If Seller is unable to obtain a discharge, satisfaction, release, or termination as provided above, Purchaser shall have the right to:
(1) Waive the Disapproved Exception and proceed with Closing, accepting title to the Property subject to the Disapproved Exception which will thereupon be deemed to be an Approved Exception, or
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(2) Terminate this Agreement, in which case both Purchaser and Seller shall be relieved of all further obligation and liability to each other under this Agreement, except for such as have accrued prior to the date of termination. If such termination occurs, all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, and Purchaser and Seller will share equally in paying any cancellation fees charged by Escrow.
B. During the period commencing on the date of this Agreement and terminating thirty_(30) days thereafter ("Feasibility Period"), Purchaser may undertake, at Purchaser's expense, an inspection, investigation and review of the Property, including, but not limited to the physical condition of the Property, an inspection and examination of soils, environmental factors, geotechnical factors, and Hazardous Substances, if any, relating to the Property. If Purchaser’s inspection, investigation or review discloses the need, or contains a recommendation, for further environmental examination beyond a socalled Phase I Environmental Site Assessment or the need or recommendation for further examination of the physical condition of any portion of the Property, then Purchaser shall have the option by written notice given to Seller prior to the end of the Feasibility Period to extend the Feasibility Period for an additional period of time, not to exceed thirty (30) days, in which case the Closing Date (as defined in Section 7D) shall be similarly extended.
If Purchaser disapproves of any of the results of its inspection, investigation and review, Purchaser shall, within five (5) days following the end of the Feasibility Period, give Seller written notice specifying in reasonable detail those matters which are disapproved by Purchaser ("Disapproved Matters"). Seller shall have ten (10) days following the receipt of Purchaser's written notice in which to give Purchaser written notice that Seller with either (1) cure or remedy, prior to the Closing Date, some or all of the Disapproved Matters specified in Purchaser's notice or (2) that Seller will not cure or remedy any of the Disapproved Matters specified in Purchaser's notice. Seller's failure to give such written notice within said ten (10) day time period will be conclusively deemed to be Seller's election not to cure or remedy any of the Disapproved Matters. Within ten (10) days following Purchaser's receipt of Seller's written notice or within ten (10) days following Seller's failure to give such notice, Purchaser may elect, at the Purchaser's sole discretion, to either (i) accept the Property subject to those Disapproved Matters which Seller will not cure or remedy or (ii) terminate this Agreement, in which case both Purchaser and Seller shall be relieved of all further obligation and liability to each other under this Agreement, except for such as have accrued prior to the date of termination. If such termination occurs, all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, and Purchaser and Seller will share equally in paying any cancellation fees charged by Escrow.
C. Access to the Property during the Feasibility Period shall be given to Purchaser and its authorized representatives upon one (1) business day's prior notice to Seller. Purchaser agrees to indemnify and defend Seller against and hold Seller harmless from all losses, costs, damages, liabilities, and expenses, including reasonable attorney fees, arising in connection with Purchaser's or its authorized representatives’ inspection, investigation or review of the Property.
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Section 7. Closing.
A. Simultaneously with the Closing (as defined below), Escrow Agent must cause the Title Company to issue an ALTA Owner's Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price, subject only to the following matters ("Approved Exceptions"):
(1) A lien for real property taxes, bonds, and assessments not then due; and (2) Exceptions approved by Purchaser in accordance with Section 6 and the Deemed Approved Exceptions.
B. Seller is to deposit with Escrow Agent on or prior to the Close of Escrow the following documents:
(1) Against payment of the Purchase Price, a grant deed in the form attached hereto as Exhibit “C” executed and acknowledged by Seller conveying to Purchaser good and marketable fee simple title to the Real Property, subject only to the Approved Exceptions ("Deed");
(2) Seller's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended ("FIRPTA Affidavit"); and
(3) Seller's affidavit as contemplated by California Revenue and Taxation Code §§ 18805 and 26131 ("Withholding Affidavit").
C. Purchaser is to deposit with Escrow Agent, on or prior to the Close of Escrow, the Purchase Price in accordance with Section 3.
D. Subject to extension as provided in Section 6B, the Property is to be conveyed to Purchaser and this transaction is to close (the “Closing”) on June 8, 2023, or at such earlier or later time as may be agreed upon in writing by Seller and Purchaser ("Closing Date").
E. On the Closing Date, Escrow Agent is to close Escrow as follows:
(1) Record the Deed (marked for return to Purchaser) with the Kern County Recorder (which will be deemed to be delivery to Purchaser); (2) Cause the Title Policy to be issued;
(3) Prorate certain costs as provided in Section 7F;
(4) Disburse to Seller the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller;
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(5) Charge Purchaser for those costs and expenses to be paid by Purchaser pursuant to this Agreement and disburse any net funds remaining after the preceding disbursements to Purchaser;
(6) Prepare and deliver to both Purchaser and Seller one signed copy of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow; and
(7) Deliver to Purchaser the FIRPTA Affidavit and the Withholding Affidavit.
If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, Escrow Agent is to notify Purchaser and Seller and retain all funds and documents pending receipt of further instructions jointly issued by Purchaser and Seller.
F. Prorations. Escrow Agent is to prorate the following costs at the Close of Escrow:
(1) Seller is to pay
a. all governmental conveyancing fees and taxes, if any, due upon transfer of the Property, and
b. one-half (1/2) of the escrow fee charged by Escrow Agent. (2) Purchaser is to pay
a. the recording charges, if any, in connection with recordation of the Deed,
b. the title insurance premium for the Title Policy, but not including the cost of removing or insuring over any Disapproved Exceptions which shall be paid for by Seller, and
c. one-half (1/2) of the escrow fee charged by Escrow Agent. (3) Real property taxes are to be prorated at the Close of Escrow based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to a period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. All installments of any bond or assessment that constitutes a lien on the Real Property at the Close of Escrow are to be paid by Seller.
4878-6987-5548 v2
spilled, disposed of, or stored on, under, or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means, (f) the Property has never been used as a dump or landfill, and (g) Seller has disclosed to Purchaser all information, records, and studies maintained by or under the control of Seller in connection with the Property concerning Hazardous Substances.
(2) Seller is the owner of the Property and has the full right, power and authority to sell the Property to Purchaser.
(3) To the best of Seller’s knowledge, no condition on the Property violates any health, safety, fire, sewage, building, or other federal, state, or local law, code, ordinance, or regulation.
(4) To the best of Seller’s knowledge, there are no rights or claims to ownership, possession, occupancy or use of the Property by any third party, including, without limitation, pursuant to any lease, license, tenancy agreement, or other agreement, which right or claim will exist or be enforceable following the Closing, except as disclosed by the Approved Exceptions.
(5) To the best of Seller’s knowledge, there is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Property.
(6) To the best of Seller’s knowledge, any information that Seller has delivered to Purchaser, either directly or through Seller's agents, is accurate and Seller has disclosed all material facts with respect to the Property.
B. Seller agrees to indemnify Purchaser, its elected and appointed officials, officers, agents and employees, and each of them, and agrees to protect, defend and hold Purchaser, it elected and appointed officials, officers, agents and employees, and each of them, harmless from and against all claims, losses, liabilities, damages, suits, judgments, costs and expenses, including without limitation, attorneys' fees and expenses, to the fullest extent permitted by applicable law, arising out of or relating to (i) Seller’s ownership of the Property, (ii) the conduct of any business, or any activity, work or things done, suffered or permitted, in or about the Property during Seller’s ownership of the Property, or (iii) the breach of any representation or warranty of Seller contained in this Agreement. Purchaser agrees to indemnify Seller and agrees to protect, defend and hold Seller harmless from and against all claims, losses, liabilities, damages, suits, judgments, costs and expenses, including without limitation, attorneys’ fees and expenses, to the fullest extent permitted by applicable law, arising out of or relating to (i) Purchaser’s ownership of the Property or (ii) the conduct of any business, or any activity, work or things done, suffered or permitted, in or about the Property during Purchaser’s ownership of the Property. The provisions of this Section 10B shall survive the Close of Escrow and the recording of the Deed or any termination of this Agreement.
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Section 11. Seller Covenants.
A. Commencing with the execution of this Agreement and until the Closing Date:
(1) Seller will not permit any liens, encumbrances, or easements to be placed on the Property, other than the Approved Exceptions, nor will Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Purchaser or the Property after the Closing, without the prior written consent of Purchaser, which consent Purchaser is under no obligation to give.
(2) Seller will maintain the Property in good order, condition and repair, ordinary wear and tear excepted, and shall not permit any act of waste or act that would tend to diminish the value of the Property in any way.
Section 12. Authority of Parties.
A. Seller represents and warrants that this Agreement:
(1) Has been duly authorized, executed, and delivered by Seller; (2) Is the valid and binding obligation of Seller in accordance with its terms; (3) Does not violate the provisions of any agreement or instrument, or any judgment, order or decree, to which Seller is a party or by which Seller or the Property is bound.
B. Purchaser represents and warrants that this Agreement:
(1) Has been duly authorized, executed, and delivered by Purchaser; (2) Is the valid and binding obligation of Purchaser in accordance with its terms; and
(3) Does not violate the provisions of any agreement or instrument, or any judgment, order or decree, to which Purchaser is a party or by which Purchaser is bound.
C. Each party warrants and represents to the other that the persons executing this Agreement on its behalf are authorized to do so, and on execution of this Agreement, this Agreement will be its valid and binding obligation, enforceable against it in accordance with its terms.
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Section 13. Brokers.
The Purchaser and Seller each represent and warrant to the other that it has not used a broker, agent, finder or other person in connection with this transaction to whom a brokerage or other commission or fee may be payable, except for Pearson Realty, with Doug Collins as the agent, (the “Broker”) who represents Seller only. Seller is to pay the Broker a broker’s fee or commission in an amount and on terms set forth in a separate agreement between Seller and Broker. Each party agrees to defend, indemnify and hold the other party harmless from and against any and all claims for any broker’s commission or similar compensation that may be payable to any broker, finder or other person or entity based upon such party’s own acts. The indemnification obligations contained in this Section will survive the Close of Escrow and the recording of the Deed, and any termination of this Agreement.
Section 14. Assignment.
Purchaser and Seller, and each of them, do not have the right to assign, either in whole or in part, this Agreement or their respective rights and liabilities under this Agreement, without the express written consent of the other party Section 15. Attorney Fees.
If litigation is commenced between the parties, the prevailing party in that litigation is entitled to recover from the nonprevailing party all reasonable attorneys' fees and costs as determined and fixed by the court.
Section 16. Notices.
A. All notices to be given under this Agreement must be in writing and sent to the respective party's notice addresses set forth below by (1) First class mail, postage prepaid, in which case notice will be deemed delivered five (5) business days after deposit in the United States Mail, or (2) Personal delivery, or by commercial messenger or courier service, in each which case notice will be deemed delivered upon receipt.
The notice addresses of the parties are as follows:
Purchaser: City of Delano
1015 11th Avenue
Delano, California 93215
Attention: City Manager
with a copy to:
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Rachel R. Richman, City Attorney
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, California 90071
Seller: MC Land Company
7297 Elder Ave.
Hanford, CA 93230
Attention: Jason Fagundes
with a copy to:
or to such other address as Purchaser or Seller may respectively designate by written notice to the other given in the manner prescribed above.
Section 17 Force Majeure
Except for the payment of monetary sums or financial inability to perform, no party to this Agreement is chargeable with, or liable for, or responsible to the other for anything or in any amount due to, and the time for performance hereunder by such party is to be extended for, any delay caused by fire, earthquake, explosion, flood, pandemic, epidemic, the elements, acts of terrorism, acts of God, insurrection, rebellion, riots, strikes, lockouts, unforeseeable labor or material shortages, litigation, or any other cause whether similar or dissimilar to the foregoing which is beyond the reasonable control of such party, and any delay due to said causes or any of them shall not be deemed a default under this Agreement.
Section 18 Entire Agreement.
This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings (whether written or oral) of the parties. This Agreement cannot be modified in any manner except by an instrument in writing executed by the duly authorized representatives of the parties or of their respective successors in interest.
Section 19 Severability.
If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected. 4878-6987-5548 v2
Section 20 Waivers.
Any waiver of a breach of any covenant or condition in this Agreement is not to be deemed a waiver of any other covenant or condition in this Agreement, and no waiver is valid unless in writing and executed by the duly authorized representative of the waiving party. An extension of time for performance of any obligation or act is not to be deemed an extension of the time for performance of any other obligation or act.
Section 21. Construction.
The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. The singular form includes plural, and vice versa. This Agreement is not to be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated in it by this reference.
Section 22. Counterparts.
This Agreement may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument. Signature and acknowledgment pages, if any, of this Agreement may be detached from any counterpart and re-attached to any other counterpart of this Agreement which is identical in form hereto but having attached to it one or more additional signature and acknowledgment pages.
Section 23. Time of the Essence.
Time is of the essence in this Agreement.
Section 24. Successors.
Subject to the limitations set forth in Section 14, this Agreement inures to the benefit of and is binding upon the parties to this Agreement and their respective heirs, successors, and assigns.
Section 25. Governing Law.
This Agreement is to be governed and construed in accordance with California law.
Section 26. Survival.
4878-6987-5548 v2
Except as otherwise expressly provided in this Agreement, the representations, warranties, covenants and indemnities of and by the parties contained in this Agreement survive the Closing and the delivery of the Deed.
[SIGNATURES ARE ON THE NEXT PAGE]
RESOLUTION NO.
GENERAL FUND LOAN AGREEMENT AND APPROPRIATION
PURCHASE & SALE FOR 155.88 ACRES OF FARMLAND FOR
EXPANSION OF THE WASTEWATER TREATMENT PLANT EFFLUENT
DISPOSAL FARM
RESOLUTION ESTABLISHING LOAN AGREEMENT AND TRANSFER
OF THE SUM OF $4,254,650 FROM THE CITY OF DELANO
GENERAL FUND AND SEWER IMPACT FUND AND
APPROPRIATING $4,254,650 FOR THE PURCHASE OF 155.88 ACRES
OF FARMLAND FOR EXPANSION OF THE WASTEWATER
TREATMENT PLANT EFFLUENT DISPOSAL FARM.
WHEREAS, the City desires to purchase such land and borrow $4,254,650 for use by the Wastewater Treatment plan for future expansion; and WHEREAS, there is a need for funds in the sum of $4,254,650 to cover the aforementioned land purchase; and
WHEREAS, the General Fund has sufficient funds to fund the Sewer Impact Fee Fund to loan the sum of Four Million, Two Hundred and Fifty-Four Thousand, Six hundred and fifty No/100 ($4,254,650) to the Sewer Impact Fee Fund for a period of up to one year;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MINDEN, AS FOLLOWS:
1. The sum of Four Million, Two Hundred and Fifty-Four Thousand, Six hundred and fifty No/100 ($4,254,650) from the General Fund is hereby ordered transferred to the Sewer Impact Fee Fund, as a loan for the above-described purpose in accordance with the following terms:
a. Said loan shall be for a term of one (1) year, commencing May 15, 2023 and expiring May 15, 2024;
b. Interest rate shall be 3% and shall be calculated and paid annually on the outstanding balance of said loan.
c. Notwithstanding the foregoing, the said loan may be repaid without penalty at any time during the term thereof by fully paying and transferring the remaining balance of principal and interest current to date of repayment to the General Fund.
2. The sum is transferred and appropriated for the purpose hereinabove specified for expenditure during the period, May 2023 – June 2023, and shall be in addition to all other sums appropriated for such purpose during such fiscal year.
Passed and approved on the 1st day of May 2023.
Joe Alindajao, Esq., Mayor
ATTEST:
Diana A. Garcia, City Clerk
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Exhibit A
Legal Description
[TO COME]
4878-6987-5548 v2
Exhibit B
Depiction of the Property
[TO COME]
4878-6987-5548 v2
Exhibit C
Form of Grant Deed
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Delano
1015 11th Avenue
Delano, California 93215
Attn: City Clerk
Space Above this Line for Recorder’s Use
GRANT DEED
APN:
THE UNDERSIGNED GRANTOR DECLARES THAT THE CITY OF DELANO IS ACQUIRING TITLE AND IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO R & T 11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MC LAND COMPANY, a [ ] (“Grantor"), hereby grants to THE CITY OF DELANO, a municipal corporation ("Grantee"), all that certain real property located in the unincorporated area of the County of Kern, State of California, described in Exhibit "1" attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed on [ ,] 2023, to be effective upon its recordation in the Official Records of Kern County, California.
GRANTOR:
MC LAND COMPANY
By: By:
(Print Name & Title) , Secretary
(Signature Must be Notarized)
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EXHIBIT “1” TO GRANT DEED
Legal Description of Property
[TO COME]
APPRAISAL REVIEW
Garces Highway & Benner Avenue
APNs 520-170-02 thru 07 & 520-170-14
Delano, California
(MC Land Company)
REAL ESTATE APPRAISAL SERVICES RANDALL FRANZ NICOLE ATHERTON, MAI
KERN APPRAISAL COMPANY
5401 Business Park South, Suite 226 Bakersfield, California 93309 (661) 321-0545 Fax (661) 321-0995
January 25, 2023
Property Owner: MC Land Company
Our File No. 3798
Roman Dowling, PE
Public Works Director/City Engineer
CITY OF DELANO
1015 Eleventh Avenue
Delano, CA 93215
Subject: Appraisal Review
156.63 Acres Improved with Almonds
Garces Highway & Benner Avenue (APNs 520-170-02 thru 07 & 520-170-14) Bakersfield, California
Dear Mr. Dowling:
We are pleased to transmit the following Appraisal Review report. In this report, our opinion is expressed in regard to the quality of the appraisal report and recommendation of approval or no approval. This appraisal review encompasses our opinion of the quality, completeness, adequacy, relevance, appropriateness, and reasonableness of the appraisal report being reviewed.
The intended users of this report are: the client CITY OF DELANO; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized Appraisal Institute peer review committee. It may not be distributed to (unless required by law) or relied upon by other persons or entities without our written permission.
Through communication with the client, and with an understanding of the assignment conditions, we have determined the appropriate scope of work for this appraisal review report. As a result of our analysis, we recommend approval of the appraisal report with an effective date of value as of November 16, 2022, subject to the definitions, certifications, and limiting conditions set forth in the attached appraisal review report, with a market value as follows:
FOUR MILLION FOUR THOUSAND HUNDRED DOLLARS
($4,400,000)
This appraisal review report was prepared by Randall Franz and Nicole Atherton, MAI. If you have any questions concerning the report, please contact Mr. Franz at (661) 321-0545.
Sincerely,
KERN APPRAISAL COMPANY
Randall Franz Nicole Atherton, MAI
Certified General #: AG040635
CA Expiration: 07/04/2024
Garces Hwy & Benner Ave, Delano Page 1
Appraisal Review Report
January 25, 2023
Review Appraisers: Randall Franz & Nicole Atherton, MAI Appraiser: Dennis L. Schneider, MAI, SRA
Date of Appraisal Report: January 4, 2023
Date of Valuation: November 16, 2022
Type of Report: Narrative Appraisal Report
Client: MC Land Company
Intended Users and Use of Report: The client and property owner for portfolio management.
Purpose of the Appraisal Report: Problem to be solved is to estimate the current “as is” market value for asset management purposes.
Subject Property: Subject consists of seven contiguous parcels ranging in size from 6.58 to 24.66 acres. Total assessed acres are 156.63 and 151.02 planted acres net of 5.61 acres of roads. The site is improved with an almond orchard consisting of the following varieties: Nonpareil/Monterey 113.47 acres (age 1 to 20 years), Butte/Padre 18.96 acres (age 20 years), and Butte/Mission/Padre
18.59 acres (age 20 years). The condition of the trees is rated good. Economic life of almond trees is 20 to 25 years.
The site has a square shape, and the topography is generally level. Irrigation water is provided by surface and ground water. Surface water is provided by Southern San Joaquin Municipal Utility District. Ground water is provided by an on-site agricultural water well with 75-horsepower pump producing 1,250 gallons of water per minute. Orchard irrigation is drip (micro-sprinklers). The zoning is A; agriculture. The highest and best use is almond orchard.
Property Address/Property Owner/Assessor’s Parcel Numbers: SWC of Garces Highway and Benner Avenue, Delano/MC Land Company/520-170-02 thru 07 & 520-170-14.
Scope of Work and Purpose of this Appraisal Review: The purpose of this assignment is to provide the client with a technical appraisal review of the above referenced appraisal report with reviewer’s opinion of the quality of the appraisal report and recommendation of approval or no approval. This appraisal review encompasses our opinion of the quality, completeness, adequacy, relevance, appropriateness, and reasonableness of the appraisal report being reviewed.
The scope of work includes, but is not limited to the following items:
Evaluate the completeness of the material under review.
Make an aerial photo inspection of the subject property.
Evaluate the apparent adequacy and relevance of the market data and the propriety of any adjustments.
Garces Hwy & Benner Ave, Delano Page 2
Evaluate the compliance with relevant USPAP requirements; the appraiser’s client requirements; and with applicable laws and regulations, such as State and Federal uniform acts, and other applicable State and Federal laws and regulations including 49 CFR Subpart 24.104.
Evaluate the appraiser’s support and reasonableness of the conclusions of highest and best use of the subject property being appraised.
Evaluate the appropriateness of the appraisal methods and techniques used and develop the reasons for any disagreement.
Evaluate whether analyses, opinions, and conclusions of value are appropriate and reasonable and develop the reasons for any disagreements.
The above list of items is not meant to be all inclusive of the review process as this appraisal review has included our review and opinion of all aspects of the quality, completeness, adequacy, relevance, appropriateness and reasonableness of the appraisers’ opinion and conclusions covered in the appraisal report.
Intended User/Use of the Appraisal Review: The intended users of this report are: CITY OF DELANO; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized Appraisal Institute peer review committee. It may not be distributed to (unless required by law) or relied upon by other persons or entities without our written permission.
The intended use is to determine whether we agree with the market value opinion in regard to a potential purchase of the property.
Certificate of Review Appraiser: We have completed the review of the appraisal report identified above and recommend approval as stated below.
The facts and data reported by the review appraiser and used in the review process are subject to all the assumptions and limiting conditions stated in the appraisal report.
The liability of Kern Appraisal Company is limited to the client only and to the amount of the fee actually paid to Kern Appraisal Company for the appraisal services including liquidating damages if any related disputes arise. If the report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions, limiting conditions, restrictions and caveats of the assignments and related discussions. The reviewer is in no way to be responsible for any costs to discover and deficiencies of any type present in the property, physically, financially and/or legally.
The appraisal report has been reviewed and we are rendering our opinion of the quality of the work under review. We are satisfied with the completeness and consistency of the report; the apparent adequacy and relevance of the data contained in the report and the propriety of any adjustments to the data; the appropriateness of the appraisal methods and techniques and the appropriateness and reasonableness of the analyses, opinions and conclusions presented in the report subject to the assumptions and limiting conditions in the appraisal report.
Garces Hwy & Benner Ave, Delano Page 3
Fee Appraiser: Dennis L. Schneider, MAI, SRA
Date of Valuation: November 16, 2022
“As Is” Market Value: $4,400,000
Assumptions and Limiting Conditions: Standards Rule 2-1(c) of the USPAP requires the appraiser to "clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting condition used in the assignment.” In interpreting this review report, such assumptions and limiting conditions are set forth in the appraisal on pages 8 and 9.
Certification of Review Appraiser: We certify that, to the best of our knowledge and belief . . . The facts and data reported by the review appraisers and used in the review process are factual and accurate.
The analyses, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions stated in the appraisal report, and are my personal, unbiased professional analyses, opinions, and conclusions. We have no present or prospective interest in the property that is the subject of the review report and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of the work under review or to the parties involved with this assignment.
Our compensation for this assignment is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report. The subject property of the report under review was viewed via aerial photo available on the Internet and was not physically inspected by the reviewers. Our analyses, opinions, and conclusions were developed, and this appraisal review has been prepared in conformity with, and the use of this review is subject to, the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. No one provided significant real property appraisal assistance to the persons signing this certification.
This review satisfies the requirements of USPAP Standard 3 and includes only those items as listed in this report. Research has not been verified by the reviewer. Reliance has been placed upon the qualifications of the appraiser to provide accurate, comprehensive information regarding the subject property and the primary and secondary data as shown in this report. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
Garces Hwy & Benner Ave, Delano Page 4
As of the date of this report, Nicole Atherton, has completed the requirements of the continuing education program of the Appraisal Institute.
Randall Franz Nicole Atherton, MAI
Certified General #: AG040635
CA Expiration: 07/04/2024
Appraisal Qualifications of Nicole Atherton, MAI
Kern Appraisal Company
5401 Business Park South, Suite 226
Bakersfield, CA 93309
(661) 321-0545 Ext 2202 Fax (661) 321-0995
Experience:
Real Estate Appraiser, Kern Appraisal Company
Bakersfield, California. September 2014 to Present
Real Estate Appraiser, Dallis Higdon & Associates
Bakersfield, California. March 2007 to August 2014
State Certification:
State of California Certified General Real Estate Appraiser BREA Appraiser Identification Number AG040635
Professional Affiliations:
Awarded MAI Designation 2016
Appraisal Institute Central California Chapter President 2018, 2019 Appraisal Institute Central California Chapter Vice President 2017 Appraisal Institute Central California Chapter Vice President & Treasurer 2015, 2016 Appraisal Institute Central California Chapter Secretary, Education Chair 2013, 2014 Appraisal Institute Central California Chapter Associate Board Member 2010-12
Education:
Bachelor of Science Degree
Business Administration with concentration in Accounting California State University at Bakersfield, Graduated Magna cum Laude in June 1997 Successful completion of the following real estate courses:
Appraisal Institute:
Appraisal Procedures
General Appraiser Site Valuation and Cost Approach
General Appraiser Sales Comparison Approach
General Appraiser Income Capitalization I
General Appraiser Income Capitalization II
Advanced Income Capitalization
General Appraiser Report Writing Case Studies
Real Estate Finance Statistics and Valuation Modeling
General Appraiser Market Analysis and Highest & Best Use Advanced Concepts and Case Studies
The Appraiser as an Expert Witness: Preparation and Testimony Eminent Domain and Condemnation
The Discounted Cash Flow Model: Concepts, Issues, and Applications Introduction to Green Buildings: Principles and Concepts New Technology for Real Estate Appraisers
Supervisory Appraiser/Trainee Appraiser Course
Business Practices and Ethics (Latest 2022)
7 Hour National USPAP Course (Latest 2022)
Other:
Appraisal Principles
15 Hour National USPAP Course
Laws and Regulations for California Appraisers (Latest 2022) Seminars:
IREM Bakersfield Real Estate Forecast Breakfast (Annual) Bakersfield Multifamily Real Estate Market Update and Forecast Bakersfield Residential Real Estate Market Update and Forecast The Evaluation Crossroads – Evolving Finance & Regulation Litigation Support Outside the Box
The Valuation Analyst
Appraising Federal Property
Shining Light on Dark Box Theories
MAI-Esquire’s on Appraiser Defense
The Uniform Appraisal Dataset, Fannie Mae and Freddie Mac Loss Prevention for Real Estate Appraisers
Federal Laws & Regulations
Appraisal Institute 2018 Annual Conference, Nashville TN Appraisal Institute 2019 Annual Conference, Denver CO
Scope of Experience
Commercial: Shopping centers, professional office buildings, restaurants, banks, retail stores, medical office buildings, mini-markets, automotive and servicerelated retail Industrial: Office warehouses, shops, packing sheds, self-storage facilities, heavy industrial
Residential: Apartments, residences, condominiums, subdivision analysis Special Purpose: Motels, hotels, churches, airplane hangars, private schools Other: Condemnation
APPRAISAL QUALIFICATIONS OF
RANDALL FRANZ
EXPERIENCE
Independent Real Estate Appraiser/Consultant, KERN APPRAISAL COMPANY, Real Estate Appraisal Services, Bakersfield, California, 1/23 – Present.
Independent Real Estate Appraiser/Owner, KERN APPRAISAL COMPANY, Real Estate Appraisal Services, Bakersfield, California, 1/93 – 12/22.
Real Estate Appraiser and Analyst, DALLIS HIGDON & ASSOCIATES, Real Estate Analysts and Appraisers, Bakersfield, California, 9/82 - 12/92.
STATE CERTIFICATION (EXPIRED/IN SUSPENSE)
State of California: Certified General Real Estate Appraiser BREA Appraiser Identification Number: AG004309
1993 – 2022; Expiration: 12/5/2022
PROFESSIONAL AFFILIATIONS (EXPIRED/IN SUSPENSE)
Appraisal Institute
MAI Designation 1989 - 2022
SRA (Senior Residential Appraiser) Designation 1989 - 2022 Bakersfield Chapter President (Society of Real Estate Appraisers) 1990
EDUCATIONAL ACTIVITIES
Awarded B.A. degree in Business Administration from Fresno Pacific College, Fresno, California, 1977 Successful completion of the following real estate courses (Since 2000):
Appraisal Institute
National Uniform Standards of Professional Appraisal Practice Update 2/06, 4/10, 4/12, 03/14, 02/16, 02/18, 01/20 Business Practices and Ethics 02/06, 9/12, 12/17
Real Estate Finance, Statistics and Valuation Modeling 9/07 Appraisal Curriculum Overview 11/10
General Appraiser Market Analysis and Highest & Best Use 6/12 Condemnation Appraising: Principles and Applications 3/14 Introduction to Green Buildings: Principles & Concepts 12/17 Appraisal of Medical Office Buildings 01/18
Appraising Automobile Dealerships 03/20
Analyzing Operating Expenses 11/20
Data Verification Methods 11/20
Seminars (Since 2000)
Real Estate Fraud & The Appraiser’s Role – Appraisal Institute 3/00 Appraisal Of Nonconforming Uses – Appraisal Institute 5/00 Technology and the Appraisal Process, New Tools for Appraisers – Appraisal Institute 9/01 35th Annual Litigation Seminar – Appraisal Institute 11/01 Highest and Best Use Applications - Appraisal Institute-6/02 Scope of Work – Appraisal Institute 4/04
Conservation Easements – Appraisal Institute 7/05
Site to do Business – Appraisal Institute 7/05
The Professional’s Guide to the Uniform Residential Appraisal Report – Appraisal Institute 12/05 California Eminent Domain Appraisal Practice – Appraisal Institute 04/06 AI Reports: The New Appraisal Report Option - Appraisal Institute 11/06 Appraisal Consulting: A Solutions Approach for Professionals - Appraisal Institute 11/06 Analyzing Distressed Real Estate – Appraisal Institute 10/07 44th Annual Litigation Seminar – Appraisal Institute 11/11 Federal & California Statutory & Regulatory Law for R. E. Appraisers – Appraisal Institute 05/13
COURT QUALIFICATIONS
Testified as expert witness in Superior Court of Kern County, California and Federal Bankruptcy Court, Santa Barbara, California. Qualified as expert witness for Federal Bankruptcy Court, Fresno, California and Federal Tax Court, Los Angeles, California.
SCOPE OF EXPERIENCE
Agricultural
Row crop farmland, transitional land
Commercial
Office buildings, shopping centers, motels, restaurants, convenience stores, banks, retail stores, medical offices, automobile & RV dealerships
Industrial
Warehouses, shops, office/warehouses, self-storage facilities, industrial subdivisions Residential
Single family, condominiums, planned unit developments, apartments, mobile home/recreational vehicle parks, subdivisions
Special Purpose
Place of worship, airplane hangars, private schools, adult activity centers, public library, mortuary
APPRAISAL REPORT
REAL ESTATE APPRAISAL
Of
MC Land Company Delano Almonds
Garces & Benner, Delano
Kern County
CA, 93215
As of
November 16, 2022
Prepared For
Mr. Jason Fagundes
MC Land Company
7297 Elder Avenue
Hanford, CA, 93230
Prepared by
DENNIS L. SCHNEIDER, MAI, SRA
Dennis Schneider, MAI, SRA, CA-AG 009026
March 3, 2025, Expiration-Date
File Name:
2022-1077
DENNIS L. SCHNEIDER, MAI, SRA
22482 Avenue 178
Porterville,
CA, 93257-9606
(559) 781-1313
[email protected]
January 4, 2023
Mr. Jason Fagundes
MC Land Company
7297 Elder Avenue
Hanford, CA 93230
Re: Appraisal Report, Real Estate Appraisal
MC Land Company Delano Almonds
Garces & Benner, Delano,
Kern County, CA, 93215
File Name: 2022-1077
Dear Mr. Fagundes:
At your request, I have prepared an appraisal for the above referenced property, which may be briefly described as follows:
156.63 Acres Improved with Almonds
Please reference page 10 of this report for important information regarding the scope of research and analysis for this appraisal, including property identification, inspection, highest and best use analysis, and valuation methodology.
I certify that I have no present or contemplated future interest in the property beyond this estimate of value. The appraiser has performed the following services regarding the subject within the three-year period immediately preceding acceptance of this assignment: an appraisal with a report date of March 16, 2022.
Your attention is directed to the Limiting Conditions and Assumptions section of this report (page 8). Acceptance of this report constitutes an agreement with these conditions and assumptions. In particular, I note the following:
Hypothetical Conditions:
• There are no hypothetical conditions for this appraisal.
Extraordinary Assumptions:
• There are no Extraordinary Assumptions for this appraisal.
Based on the appraisal described in the accompanying report, subject to the Limiting Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions (if any), I have made the following value conclusion(s):
Current As Is Market Value:
The “As Is” market value of the Fee Simple estate of the property, as of November 16, 2022, is Four Million Four Hundred Thousand Dollars ($4,400,000) The market exposure time preceding November 16, 2022 would have been 6 months and the estimated marketing period as of November 16, 2022 is 6 months.
Respectfully submitted,
Dennis L. Schneider, MAI, SRA
Dennis L. Schneider, MAI, SRA
CA-AG 009026
March 3, 2025
Expiration-Date
Mr. Fagundes
MC Land Company
January 4, 2023
TABLE OF CONTENTS
Summary of Important Facts and Conclusions............................................................................... 5 Limiting Conditions and Assumptions........................................................................................... 8 Scope of Work .............................................................................................................................. 10 Type and Definition of Market Value....................................................................................... 11 Market Area Analysis................................................................................................................... 12 Location Map............................................................................................................................ 13 Property Description ..................................................................................................................... 14 Plat Map.................................................................................................................................... 25 Flood Hazard Map .................................................................................................................... 25 Soils Map & Descriptions......................................................................................................... 26 Subject Photographs.................................................................................................................. 31 Assessment and Taxes .................................................................................................................. 34 Assessment Analysis................................................................................................................. 34 Zoning........................................................................................................................................... 36 Zoning Map................................................................................................................................... 37 Highest and Best Use .................................................................................................................... 38 Valuation Methodology ................................................................................................................ 39 Analyses Applied...................................................................................................................... 39 Sales Comparison Approach......................................................................................................... 40 Comparables ............................................................................................................................. 40 Comparables Map ..................................................................................................................... 48 Analysis Grid ............................................................................................................................ 48 Comparable Sale Adjustments.................................................................................................. 50 Sales Comparison Approach Conclusion.................................................................................. 51 Income Approach.......................................................................................................................... 52 Direct Capitalization Analysis.................................................................................................. 52 Net and Gross Returns Computations....................................................................................... 52 Direct Capitalization Analysis.................................................................................................. 52 Net and Gross Returns Computations....................................................................................... 53 Direct Capitalization Analysis.................................................................................................. 53 Net and Gross Returns Computations....................................................................................... 54 Capitalization Rate.................................................................................................................... 56 Capitalization to Value ............................................................................................................. 57 Direct Capitalization Analysis Conclusion............................................................................... 57 Final Reconciliation.................................................................................................................. 58 Value Indications...................................................................................................................... 58 Value Conclusion...................................................................................................................... 59 Qualifications of the Appraiser..................................................................................................... 62 Glossary ........................................................................................................................................ 63 Addenda ........................................................................................................................................ 68 Appraisal Report Dennis L. Schneider, MAI, SRA 5
Summary of Important Facts and Conclusions
GENERAL
Subject: MC Land Company Delano Almonds
Garces & Benner, Delano,
Kern County, CA, 93215
156.63 Acres Improved with Almonds
Owner: MC Land Company
Legal Description: See attached Addenda
Date of Report: January 4, 2023
Intended Use: The intended use is for portfolio management.
Intended User(s): The client and property owner.
Assessment:
Real Estate Assessment and Taxes
Tax ID Land Improvements Other Total
Assessment
Special
Assessments
County
Rate
Other
Rate
Tax Rate Taxes
520-170-02 $178,601 $98,424 $0 $277,025 $3,837.69 $1.000000 $0.116568 $1.116568 $3,093.17 520-170-03 $77,851 $6,032 $0 $83,883 $1,830.11 $1.000000 $0.116568 $1.116568 $936.61 520-170-04 $81,647 $6,482 $0 $88,129 $1,919.44 $1.000000 $0.116568 $1.116568 $984.02 520-170-05 $111,043 $151,447 $0 $262,490 $1,870.36 $1.000000 $0.116568 $1.116568 $2,930.88 520-170-06 $69,596 $104,388 $0 $173,984 $1,472.77 $1.000000 $0.116568 $1.116568 $1,942.65 520-170-07 $90,704 $136,049 $0 $226,753 $1,472.77 $1.000000 $0.116568 $1.116568 $2,531.85 520-170-14 $115,997 $150,558 $0 $266,555 $1,919.44 $1.000000 $0.116568 $1.116568 $2,976.27 Totals $725,439 $653,380 $0 $1,378,819 $15,395.45
Notes: The special assessments are paid to Southern San Joaquin Municipal Utility District for the irrigation district assessments.
Sale History: The subject has not sold in the last three years, according to public records.
Current
Listing/Contract(s):
The subject is not currently listed for sale, or under
contract.
Land:
Appraisal Report Dennis L. Schneider, MAI, SRA 6
Land Summary
Parcel ID Gross Land
Area (Acres)
Gross Land
Area (Sq Ft)
Usable Land
Area (Acres)
Usable Land
Area (Sq Ft)
Topography Shape
APN 520-170-02 39.57 1,723,669 39.57 1,723,669 Level Rectangular APN 520-170-03 19.38 844,193 19.38 844,192 Level Rectangular APN 520-170-04 19.45 847,242 19.45 847,242 Level Rectangular APN 520-170-05 19.12 832,867 19.12 832,867 Level Irregular APN 520-170-06 14.75 642,510 14.75 642,510 Level Rectangular APN 520-170-07 24.66 1,074,190 24.66 1,074,190 Level Irregular APN 520-170-14 19.70 858,132 19.70 858,132 Level Rectangular Totals 156.63 6,822,803 156.63 6,822,802
Permanent Crops:
Assessor's Permanent Year Total Open Planted
Parcel No. Crop Variety Condition Irrigation Planted Age Spacing Acres Roads Land Acres 520-170-02 Almonds Butte/Mission/Padre Good Micro-Sprinklers 2002 20 22 x 24 19.57 0.98 0.00 18.59 520-170-02 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2017 5 22 x 24 20.00 1.00 1.00 18.00 520-170-03 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2018 4 16 x24 12.80 0.64 0.00 12.16 520-170-03 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2021 1 16 x24 6.58 0.33 0.00 6.25 520-170-04 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2018 4 16 x 24 12.70 0.64 0.00 12.07 520-170-04 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2021 1 16 x 24 6.75 0.34 0.00 6.41 520-170-05 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2017 5 16 x24 19.12 0.96 0.00 18.16 520-170-06 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2002 20 22 x 24 14.75 0.74 0.00 14.01 520-170-07 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2011 11 22 x 24 24.66 1.23 0.00 23.43 520-170-14 Almonds Butte/Padre Good Micro-Sprinklers 2002 20 22 x 22 19.70 0.74 0.00 18.96 156.63 5.61 0.00 151.02
Permanent Crop Summary
Zoning: A
Highest and Best Use
of the Site:
is development to a nut-crop, most likely almonds or
pistachios based on current trends
Highest and Best Use
as Improved:
is the existing use because the planting of almonds add value to the land
Type of Value: Market Value
Appraisal Report Dennis L. Schneider, MAI, SRA 7
Value Premise As Is
Date of Value 11/16/2022
Value Type Market Value
Value Perspective Current
Interest Appraised Fee Simple
Improved Sales Analysis $4,460,000
Income Capitalization $4,350,000
Value Conclusion: $4,400,000
Summary of Values
Appraisal Report Dennis L. Schneider, MAI, SRA 8
Limiting Conditions and Assumptions
Acceptance of and/or use of this report constitutes acceptance of the following limiting conditions and assumptions; these can only be modified by written documents executed by both parties.
This appraisal is to be used only for the purpose stated herein. While distribution of this appraisal in its entirety is at the discretion of the client, individual sections shall not be distributed; this report is intended to be used in whole and not in part.
No part of this appraisal, its value estimates or the identity of the firm or the appraiser(s) may be communicated to the public through advertising, public relations, media sales, or other media.
All files, work papers and documents developed in connection with this assignment are the property of Dennis L. Schneider, MAI, SRA. Information, estimates, and opinions are verified where possible, but cannot be guaranteed. Plans provided are intended to assist the client in visualizing the property; no other use of these plans is intended or permitted.
No hidden or unapparent conditions of the property, subsoil, or structure, which would make the property more or less valuable, were discovered by the appraiser(s) or made known to the appraiser(s). No responsibility is assumed for such conditions or engineering necessary to discover them. Unless otherwise stated, this appraisal assumes there is no existence of hazardous materials or conditions, in any form, on or near the subject property.
Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyl, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, was not called to the attention of the appraiser nor did the appraiser become aware of such during the appraiser’s inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substances. The presence of such hazardous substances may affect the value of the property. The value opinion developed herein is predicated on the assumption that no such hazardous substances exist on or in the property or in such proximity thereto, which would cause a loss in value. No responsibility is assumed for any such hazardous substances, nor for any expertise or knowledge required to discover them.
Unless stated herein, the property is assumed to be outside of areas where flood hazard insurance is mandatory. Maps used by public and private agencies to determine these areas are limited with respect to accuracy. Due diligence has been exercised in interpreting these maps, but no responsibility is assumed for misinterpretation.
Good title, free of liens, encumbrances and special assessments is assumed. No responsibility is assumed for matters of a legal nature.
Appraisal Report Dennis L. Schneider, MAI, SRA 9
Necessary licenses, permits, consents, legislative or administrative authority from any local, state, or Federal government or private entity are assumed to be in place or reasonably obtainable.
It is assumed there are no zoning violations, encroachments, easements or other restrictions which would affect the subject property, unless otherwise stated.
The appraiser(s) are not required to give testimony in Court in connection with this appraisal. If the appraisers are subpoenaed pursuant to a court order, the client agrees to pay the appraiser(s) Dennis L. Schneider, MAI, SRA’s regular per diem rate plus expenses.
Appraisals are based on the data available at the time the assignment is completed.
Amendments/modifications to appraisals based on new information made available after the appraisal was completed will be made, as soon as reasonably possible, for an additional fee.
Americans with Disabilities Act (ADA) of 1990
A civil rights act passed by Congress guaranteeing individuals with disabilities equal opportunity in public accommodations, employment, transportation, government services, and telecommunications. Statutory deadlines become effective on various dates between 1990 and 1997. Dennis L. Schneider, MAI, SRA has not decided regarding the subject’s ADA compliance or non-compliance. Non-compliance could have a negative impact on value; however, this has not been considered or analyzed in this appraisal.
Appraisal Report Dennis L. Schneider, MAI, SRA 10
Scope of Work
According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser’s responsibility to develop and report a scope of work that results in credible results that are appropriate for the appraisal problem and intended user(s). Therefore, the appraiser must identify and consider:
● the client and intended users;
● the intended use of the report;
● the type and definition of value;
● the effective date of value;
● assignment conditions;
● typical client expectations; and
● typical appraisal work by peers for similar assignments.
This appraisal is prepared for Mr. Jason Fagundes, MC Land Company. The problem to be solved is to estimate the current 'As Is' market value for asset management purposes.
The intended use is for portfolio management. This appraisal is intended for the use of client and property owner.
SCOPE OF WORK
Report Type: This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under
Standards Rule 2-2(a). This format provides a
summary or description of the appraisal process,
subject and market data and valuation analyses.
Property Identification: The subject has been identified by the assessors' parcel number.
Inspection: A complete inspection of the subject property has been made, and photographs taken.
Market Area and Analysis of
Market Conditions:
A complete analysis of market conditions has been
made.
Highest and Best Use Analysis: A complete as vacant and as improved highest and best use analysis for the subject has been made.
Physically possible, legally permissible, and
financially feasible uses were considered, and the
maximally productive use was concluded.
Type of Value: Market Value
Valuation Analyses
Cost Approach: A cost approach was not applied as this approach to Appraisal Report Dennis L. Schneider, MAI, SRA 11
value is not relied upon by the market.
Sales Comparison Approach: A sales approach was applied as there is adequate data to develop a value estimate and this approach reflects
market behavior for this property type.
Income Approach: An income approach was applied as the subject is an income producing property and there is adequate data
to develop a value estimate with this approach. The
appraiser used an owner-operator analysis to develop
an opinion of value.
Hypothetical Conditions: • There are no hypothetical conditions for this appraisal.
Extraordinary Assumptions: • There are no Extraordinary Assumptions for this appraisal.
Type and Definition of Market Value
The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated;
2. Both parties are well informed or well advised, and acting in what they consider their own best interests;
3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and
5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
The definition of market value was taken from the Department of Treasury, Office of the Comptroller of the Currency, 12 CFR Part 34, dated August 24, 1990 (Section 34.42 Definitions).
Appraisal Report Dennis L. Schneider, MAI, SRA 12
Market Area Analysis
Area Description & Boundaries
Area & Property Use Characteristics
Up Dn
Location Urban Suburban X Rural Population Trend X
Build Up Over 75% 25% to 75% X Under 25% Employment Trend X Built Up Fully Dev. Rapid X Steady Slow Personal Income Level X Property Values Increasing X Stable Declining Retail Sales X Demand/Supply Shortage X In Balance Over Supply New Construction X Vacancy Trend Increasing X Stable Declining Vacancy Trend X Change in Economic Base Likely X Unlikely Taking Place Rental Demand X Land Use Trends
Present Land Use Under In Bal. O ver Vacancy
5% 1 Family X 3%
1% Retail X 5%
1% Multifamily X 3%
1% Office X 5%
2% Industrial X 5%
90% Agricultural X 0%
100%
Change in Land Use Likely
Not Likely X
Taking Place
Age Range for Subject Property Type to 2020
Rent Range for Subject Property Type to NA / no rentals Adjacent Property Use
1975
NA
The property is surrounded by a State of California Department of Corrections Facility to the north, a new planting of pistachio nuts to the east, almonds to the south & pistachio nuts to the west. Other than the corrections facility, the subject is compatible with the adjacent property uses. However, the location adjacent to a corrections facility is not a negative influence for the subject's agricultural use. The values for almonds range from $24,000 to $36,000/acre, demand is strong, market activity is limited & the trend is stable to slightly increasing. The 2020 Trends in Agricultural Land and Lease Values presented by the California Chapter of the American Society of Farm Managers and Rural Appraisers is the source for the value, demand, activity & market trends.
The subject property is located in the northern section of the valley portion of Kern County. This area contains large areas of permanent plantings. In rough terms, the Kern/Tulare county-line bounds this area on the north. The eastern boundary is State Route 65, the southern boundary is Famoso Road and the western boundary is State Route 99. This area contains the incorporated communities of Delano and McFarland. This area is located north of Bakersfield. The primary access routes in this area are State Routes 99, 65 and 155. State Route 99 is a north and south state highway. It connects northern and southern California. State Route 65 connects Bakersfield on the south to Exeter on the north.
Stbl
Supply/Demand
Land uses in the neighborhood consist of primarily of some farmstead single-family residences and permanent crops. The principal permanent crops in this market area include citrus, vines, and nut-crops. In general terms, if irrigation water is available, it is planted to a permanent crop. The eastern portion of this area has climatic conditions allow the planting to citrus. 5%1%1%1%2%
90%
Land Use
1 Family Retail
Multifamily Office
Industrial Agricultural
The subject property is bounded by North Kern State Prison on the north and City of Delano property on the south. It appears that the city is purchasing land for future wastewater treatment purposes. It should be noted that that any of these sales are not considered arm’s length transactions and are not used in the valuation of the subject. Furthermore, the proximity to these government owned properties is not a negative influence on the value of the subject property because of the subject’s agricultural use.
Appraisal Report Dennis L. Schneider, MAI, SRA 13
Location Map
Appraisal Report Dennis L. Schneider, MAI, SRA 14
Property Description
156.63 Acres Improved with Almonds
Land Summary
Parcel ID Gross Land
Area (Acres)
Gross Land
Area (Sq Ft)
Usable Land
Area (Acres)
Usable Land
Area (Sq Ft)
Topography Shape
APN 520-170-02 39.57 1,723,669 39.57 1,723,669 Level Rectangular APN 520-170-03 19.38 844,193 19.38 844,192 Level Rectangular APN 520-170-04 19.45 847,242 19.45 847,242 Level Rectangular APN 520-170-05 19.12 832,867 19.12 832,867 Level Irregular APN 520-170-06 14.75 642,510 14.75 642,510 Level Rectangular APN 520-170-07 24.66 1,074,190 24.66 1,074,190 Level Irregular APN 520-170-14 19.70 858,132 19.70 858,132 Level Rectangular Totals 156.63 6,822,803 156.63 6,822,802
The subject property is bounded by North Kern State Prison on the north and City of Delano property on the south. It appears that the city is purchasing land for future wastewater treatment purposes. It should be noted that that any of these sales are not considered arm’s length transactions and are not used in the valuation of the subject. Furthermore, the proximity to these government owned properties is not a negative influence on the value of the subject property because of the subject’s agricultural use.
SITE - APN 520-170-02
Location: South line of Garces Highway, 1/4 of a mile west of Benner Avenue
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Site Size: Total: 39.57 acres; 1,723,669 square feet
Usable: 39.57 acres; 1,723,669 square feet
All the gross land area is usable land area
Shape: Rectangular
Frontage/Access: The subject property has average access with frontage as follows:
• Garces Highway: 1,320 feet
The site has an average depth of 1,306 feet. It is not a corner lot.
Visibility: Average
Topography: Level
Appraisal Report Dennis L. Schneider, MAI, SRA 15
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to a wide variety of permanent crops.
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service.
Water: There is no domestic water service.
Natural Gas: There is no natural gas service.
Underground Utilities: The site is not serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06029C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Irrigation Water: Surface & Ground Water
Irrigation Water
Description:
Surface water is available from the Southern San Joaquin Municipal Utility District and ground water is provided by an on-site agricultural well with 75-horsepower pump that
produces 1,250 gallons per minute. The subject is in the Kern Groundwater Authority GSA.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
SITE - APN 520-170-03
Location: Southwest corner of Garces Highway and Benner Avenue Appraisal Report Dennis L. Schneider, MAI, SRA 16
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Site Size: Total: 19.38 acres; 844,193 square feet
Usable: 19.38 acres; 844,192 square feet
All the gross land area is usable land area
Shape: Rectangular
Frontage/Access: The subject property has average access with frontage as follows:
• Garces Highway: 1,320 feet
The site has an average depth of 660 feet. It is a corner lot.
Visibility: Average
Topography: Level
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to a wide variety of permanent crops.
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service
Water: There is no domestic water service
Natural Gas: There is no natural gas service.
Underground Utilities: The site is not serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06028C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Irrigation Water: Surface & Ground Water
Appraisal Report Dennis L. Schneider, MAI, SRA 17
Irrigation Water
Description:
Surface water is available from the Southern San Joaquin Municipal Utility District and ground water is provided by an agricultural well with 75-horsepower pump that produces 1,250 gallons per minute. The subject is in the Kern
Groundwater Authority GSA.
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
SITE - APN 520-170-04
Location: West line of Benner Avenue, 630 feet south of Garces Highway
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Site Size: Total: 19.45 acres; 847,242 square feet
Usable: 19.45 acres; 847,242 square feet
All the gross land area is usable land area
Shape: Rectangular
Frontage/Access: The subject property has average access with frontage as follows:
• Benner Avenue: 660 feet
The site has an average depth of 1,320 feet. It is not a corner lot.
Visibility: Average
Topography: Level
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to wide variety of permanent crops.
Appraisal Report Dennis L. Schneider, MAI, SRA 18
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service.
Water: There is no domestic water service.
Natural Gas: There is no natural gas service.
Underground Utilities: The site is serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06028C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Irrigation Water: Surface & Ground Water
Irrigation Water
Description:
Surface water is available from the Southern San Joaquin Municipal Utility District and ground water is provided by an agricultural well with 75-horsepower pump that produces 1,250 gallons per minute. The subject is in the Kern
Groundwater Authority GSA.
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
SITE - APN 520-170-05
Location: West line of Benner Avenue, 1,440 feet south of Garces Highway
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Appraisal Report Dennis L. Schneider, MAI, SRA 19
Site Size: Total: 19.12 acres; 832,867 square feet
Usable: 19.12 acres; 832,867 square feet
All the gross land area is usable land area
Shape: Irregular
Frontage/Access: The subject property has average access with frontage as follows:
• Benner Avenue: 510 feet
The site has an average depth of 1,320 feet. It is not a corner lot.
Visibility: Average
Topography: Level
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to a wide variety of permanent crops.
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service.
Water: There is no domestic water service.
Natural Gas: There is no natural gas service.
Underground Utilities: The site is serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06028C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Irrigation Water: Surface & Ground Water
Irrigation Water Surface water is available from the Southern San Joaquin Appraisal Report Dennis L. Schneider, MAI, SRA 20
Description: Municipal Utility District and ground water is provided by an agricultural well with 75-horsepower pump that produces 1,250 gallons per minute. The subject is in the Kern
Groundwater Authority GSA.
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
SITE - APN 520-170-06
Location: 1,288.47 feet west of Benner Avenue, 1,620 feet south of Garces Highway
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Site Size: Total: 14.75 acres; 642,510 square feet
Usable: 14.75 acres; 642,510 square feet
All the gross land area is usable land area
Shape: Rectangular
Frontage/Access: The subject property has average access with frontage as follows:
• Not Applicable-Private Access
The site has an average depth of 660 feet. It is not a corner lot.
Visibility: Average
Topography: Level
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to a wide variety of permanent crops.
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service.
Water: There is no domestic water service.
Natural Gas: There is no natural gas service.
Appraisal Report Dennis L. Schneider, MAI, SRA 21
Underground Utilities: The site is serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06028C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Irrigation Water: Surface & Ground Water
Irrigation Water
Description:
Surface water is available from the Southern San Joaquin Municipal Utility District and ground water is provided by an agricultural well with 75-horsepower pump that produces 1,250 gallons per minute. The subject is in the Kern
Groundwater Authority GSA.
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
SITE - APN 520-170-07
Location: 1,948.47 feet west of Benner Avenue, 1,290 feet south of Garces Highway
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Site Size: Total: 24.66 acres; 1,074,190 square feet
Usable: 24.66 acres; 1,074,190 square feet
All the gross land area is usable land area
Appraisal Report Dennis L. Schneider, MAI, SRA 22
Shape: Irregular
Frontage/Access: The subject property has average access with frontage as follows:
• Not Applicable-Private Access
The site has an average depth of 1,320 feet. It is not a corner lot.
Visibility: Average
Topography: Level
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to a wide variety of permanent crops.
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service.
Water: There is no domestic water service.
Natural Gas: There is no natural gas service.
Underground Utilities: The site is serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06028C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Irrigation Water: Surface & Ground Water
Irrigation Water
Description:
Surface water is available from the Southern San Joaquin Municipal Utility District and ground water is provided by an agricultural well with 75-horsepower pump that produces 1,250 gallons per minute. The subject is in the Kern
Groundwater Authority GSA.
Appraisal Report Dennis L. Schneider, MAI, SRA 23
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
SITE - APN 520-170-14
Location: West line of Benner Avenue, 1,950 feet south of Garces Highway
Current Use of the
Property:
Agricultural/Permanent Crops (Almonds)
Site Size: Total: 19.70 acres; 858,132 square feet
Usable: 19.70 acres; 858,132 square feet
All the gross land area is usable land area
Shape: Rectangular
Frontage/Access: The subject property has average access with frontage as follows:
• Benner Avenue: 660 feet
The site has an average depth of 1,288.47 feet. It is not a corner lot.
Visibility: Average
Topography: Level
Soil Conditions: The soil conditions observed at the subject appear to be typical of the region and adequate to support development to a wide variety of permanent crops.
Utilities: Electricity: The site is served by public electricity.
Sewer: There is no domestic sewer service.
Water: There is no domestic water service.
Natural Gas: There is no natural gas service.
Underground Utilities: The site is serviced by underground utilities.
Adequacy: The subject's utilities are typical and adequate for the market area.
Appraisal Report Dennis L. Schneider, MAI, SRA 24
Flood Zone: The subject is in an area mapped by the Federal Emergency Management Agency (FEMA). The subject is located in
FEMA flood zone X, which is not classified as a flood hazard area.
FEMA Map Number: 06028C0200E
FEMA Map Date: September 26, 2008
The subject is not in a flood zone.
Wetlands/Watershed: No wetlands were observed during my site inspection.
Irrigation Water: Surface & Ground Water
Irrigation Water
Description:
Surface water is available from the Southern San Joaquin Municipal Utility District and ground water is provided by an agricultural well with 75-horsepower pump that produces 1,250 gallons per minute. The subject is in the Kern
Groundwater Authority GSA.
Environmental Issues: There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and
Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Site Comments: The site has average and typical utility.
Appraisal Report Dennis L. Schneider, MAI, SRA 25
Plat Map
Flood Hazard Map
Appraisal Report Dennis L. Schneider, MAI, SRA 26
Soils Map & Descriptions
Appraisal Report Dennis L. Schneider, MAI, SRA 27
Appraisal Report Dennis L. Schneider, MAI, SRA 28
Appraisal Report Dennis L. Schneider, MAI, SRA 29
Appraisal Report Dennis L. Schneider, MAI, SRA 30
IMPROVEMENTS DESCRIPTION
Development/Property
Name:
MC Land Company Delano Almonds
Property Type: Permanent Crops-Orchard/Grove/Vineyard
Overview: 156.63 Acres Improved with Almonds
Assessor's Permanent Year Total Open Planted
Parcel No. Crop Variety Condition Irrigation Planted Age Spacing Acres Roads Land Acres 520-170-02 Almonds Butte/Mission/Padre Good Micro-Sprinklers 2002 20 22 x 24 19.57 0.98 0.00 18.59 520-170-02 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2017 5 22 x 24 20.00 1.00 1.00 18.00 520-170-03 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2018 4 16 x24 12.80 0.64 0.00 12.16 520-170-03 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2021 1 16 x24 6.58 0.33 0.00 6.25 520-170-04 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2018 4 16 x 24 12.70 0.64 0.00 12.07 520-170-04 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2021 1 16 x 24 6.75 0.34 0.00 6.41 520-170-05 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2017 5 16 x24 19.12 0.96 0.00 18.16 520-170-06 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2002 20 22 x 24 14.75 0.74 0.00 14.01 520-170-07 Almonds Nonpareil/Monterey Good Micro-Sprinklers 2011 11 22 x 24 24.66 1.23 0.00 23.43 520-170-14 Almonds Butte/Padre Good Micro-Sprinklers 2002 20 22 x 22 19.70 0.74 0.00 18.96 156.63 5.61 0.00 151.02
Permanent Crop Summary
PROPERTY ANALYSIS
Comments: The permanent crops consist of 151.02 planted acres of almonds that range in age from 1 to 20 years, with a weighted average age of 10 years. The trees are in good condition and are irrigated by a micro-sprinkler system.
Americans With Disabilities Act
Please reference the Limiting Conditions and Assumptions section of this report on page
9. Hazardous Substances
Please reference the Limiting Conditions and Assumptions section of this report on page
9. Appraisal Report Dennis L. Schneider, MAI, SRA 31
Subject Photographs
Northeast property corner to southwest Southeast property corner to the northwest Northeast property corner to south Southeast property corner to the north Northeast property corner to west Southeast property corner to the west Appraisal Report Dennis L. Schneider, MAI, SRA 32
Southwest property corner to the northeast Northwest property corner to the southeast Southwest property corner to the north Northwest property corner to the south Southwest property corner to the east Northwest property corner to the east Appraisal Report Dennis L. Schneider, MAI, SRA 33
View irrigation well & pump View of irrigation system
Map Right View of the Subject Property
Appraisal Report Dennis L. Schneider, MAI, SRA 34
Assessment and Taxes
Taxing Authority Kern County
Assessment Year 2022
Real Estate Assessment and Taxes
Tax ID Land Improvements Other Total
Assessment
Special
Assessments
County
Rate
Other
Rate
Tax Rate Taxes
520-170-02 $178,601 $98,424 $0 $277,025 $3,837.69 $1.000000 $0.116568 $1.116568 $3,093.17 520-170-03 $77,851 $6,032 $0 $83,883 $1,830.11 $1.000000 $0.116568 $1.116568 $936.61 520-170-04 $81,647 $6,482 $0 $88,129 $1,919.44 $1.000000 $0.116568 $1.116568 $984.02 520-170-05 $111,043 $151,447 $0 $262,490 $1,870.36 $1.000000 $0.116568 $1.116568 $2,930.88 520-170-06 $69,596 $104,388 $0 $173,984 $1,472.77 $1.000000 $0.116568 $1.116568 $1,942.65 520-170-07 $90,704 $136,049 $0 $226,753 $1,472.77 $1.000000 $0.116568 $1.116568 $2,531.85 520-170-14 $115,997 $150,558 $0 $266,555 $1,919.44 $1.000000 $0.116568 $1.116568 $2,976.27 Totals $725,439 $653,380 $0 $1,378,819 $15,395.45
Notes: The special assessments are paid to Southern San Joaquin Municipal Utility District for the irrigation district assessments.
Real Estate Assessment Analysis
Tax ID Per Acre Total
Assessment
Equalization
Ratio
Implied Value
520-170-02 $7,001 $277,025 100.0% $277,025
520-170-03 $4,328 $83,883 100.0% $83,883
520-170-04 $4,531 $88,129 100.0% $88,129
520-170-05 $13,729 $262,490 100.0% $262,490
520-170-06 $11,796 $173,984 100.0% $173,984
520-170-07 $9,195 $226,753 100.0% $226,753
520-170-14 $13,531 $266,555 100.0% $266,555
Totals $64,110 $1,378,819 $1,378,819
Comments
The county assessor is the source for the assessment information. The county tax collector is the source for the tax rate and special assessments information.
Assessment Analysis
All privately owned real estate in the State of California is assessed for ad valorem taxes by the local county assessor’s office. Currently, real property assessments are reported at 100% of their taxable value. The tax rate is a composite of county, city and special improvements and maintenance districts.
In the primary election held June 6, 1978, the voters of California approved the JarvisGann Initiative, known as Proposition XIII. The major net effects of this proposition are:
Appraisal Report Dennis L. Schneider, MAI, SRA 35
1. The maximum amount of any ad valorem tax on real property will not exceed one percent of full cash value.
2. The market value base may reflect from year to year the inflationary rate not to exceed two percent of any given year or reduction as shown in the consumer price index or comparable data for the area under taxing jurisdiction.
3. The cash value means the county assessor’s valuation of real property as shown on the 1975-1976 tax bill under “full cash value,” or thereafter, the appraised value of the real property when purchased or a change in ownership has occurred after the 1975 assessment.
Because the purpose of this report is to determine the market value of the subject property, the tax liability may change should the property be sold or purchased.
Furthermore, if the income capitalization approach is utilized, the taxes used reflect the valuation subject to a sale at the estimated market value.
Appraisal Report Dennis L. Schneider, MAI, SRA 36
Zoning
Zoning Summary
Zoning Authority Kern County
Zoning District Exclusive Agriculture (A) District
Zoning Code A
Zoning Type/Description Agricultural uses and activities compatible with agricultural uses.
Actual Density of Use 100.00%
Current Use Legally Conforming The subject is legal and conforming use.
Zoning Change Requested None known
Zoning Change Description Not applicable
Zoning Change Likely A zoning change is unlikely.
Zoning Density/FAR No requirement for agricultural uses Likely Zoning Not applicable
Zoning Intent/Summary This zoning designates areas suitable for agricultural uses Maximum Site Coverage No requirements
Minimum Lot Area 20 acres
Front Set Back Distance 55 feet from road centerline
Side Yard Distance 5 feet from property line
Back Yard Distance 5 feet from property line
Maximum Building Height 35 feet for residences, no limit for other structures Zoning Parking Requirements No requirement of agricultural uses Zoning Data Source Kern County Zoning Ordinance-Chapter 19.12 Zoning Comments This is the typical zoning in this area for agricultural properties.
Appraisal Report Dennis L. Schneider, MAI, SRA 37
Zoning Map
Appraisal Report Dennis L. Schneider, MAI, SRA 38
Highest and Best Use
Highest and best use may be defined as the reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.
1. Legally Permissible: What uses are permitted by zoning and other legal restrictions?
2. Physically Possible: To what use is the site physically adaptable?
3. Financially Feasible: Which possible and permissible use will produce any net return to the owner of the site?
4. Maximally Productive. Among the feasible uses which use will produce the highest net return, (i.e., the highest present worth)?
Highest and Best Use of the Site
The highest and best use of the site, as vacant, is for is development to a nut-crop, most likely almonds or pistachios based on current trends.
The following is an analysis of the highest and best use of the site as though vacant:
1. It is legally permissible to develop the subject site to a wide variety of agricultural uses, agriculture business uses, and a single-family use;
2. It is physically possible to develop the subject site to a wide variety of agricultural uses, agriculture business uses, and a single-family use;
3. It is not financially feasible to develop the subject site to an agricultural business use and/or a single-family use because the building improvements suffer from external depreciation in this market; it is financially feasible to develop the subject site to a wide variety of permanent crops; and
4. The maximally productive and highest and best use of the site, as though vacant, would be to develop the subject site to a nut-crop, either almonds or pistachio nuts. This based on recent planting trends in this market area and a review of the net returns of various permanent crops that are financially feasible.
Physically possible, legally permissible, and financially feasible uses were considered, and the maximally productive use was concluded to planting to a nut-crop.
Highest and Best Use as Improved
The highest and best use of the subject as improved is the existing use because the planting of almonds add value to the land.
Appraisal Report Dennis L. Schneider, MAI, SRA 39
Valuation Methodology
Three basic approaches may be used to arrive at an estimate of market value. They are:
1. The Cost Approach
2. The Income Approach
3. The Sales Comparison Approach
Cost Approach
The Cost Approach is summarized as follows:
Cost New
- Depreciation
+ Land Value
= Value
Income Approach
The Income Approach converts the anticipated flow of future benefits (income) to a present value estimate through a capitalization and or a discounting process.
Sales Comparison Approach
The Sales Comparison Approach compares sales of similar properties with the subject property. Each comparable sale is adjusted for its inferior or superior characteristics. The values derived from the adjusted comparable sales form a range of value for the subject.
By process of correlation and analysis, a final indicated value is derived.
Final Reconciliation
The appraisal process concludes with the Final Reconciliation of the values derived from the approaches applied for a single estimate of market value. Different properties require different means of analysis and lend themselves to one approach over the others.
Analyses Applied
A cost analysis was considered and was not developed because this approach to value is not relied upon by the market.
A sales comparison analysis was considered and was developed because there is adequate data to develop a value estimate and this approach reflects market behavior for this property type.
An income analysis was considered and was developed because the subject is an income producing property and there is adequate data to develop a value estimate with this approach. The appraiser used an owner-operator analysis to develop an opinion of value.
Appraisal Report Dennis L. Schneider, MAI, SRA 40
Sales Comparison Approach
The Sales Comparison Approach is based on the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. It is based on the principles of supply and demand, balance, substitution, and externalities. The following steps describe the applied process of the Sales Comparison Approach.
• The market in which the subject property competes is investigated; comparable sales, contracts for sale and current offerings are reviewed. • The most pertinent data is further analyzed, and the quality of the transaction is determined.
• The most meaningful unit of value for the subject property is determined. • Each comparable sale is analyzed and where appropriate, adjusted to equate with the subject property.
• The value indication of each comparable sale is analyzed, and the data reconciled for a final indication of value via the Sales Comparison Approach.
Comparables
I have researched six comparables for this analysis; these are documented on the following pages followed by a location map and analysis grid. All sales have been researched through numerous sources, inspected, and verified by a party to the transaction.
Appraisal Report Dennis L. Schneider, MAI, SRA 41
Comp Address Grantor Price Price Per Acre
Comp City Grantee Date Acres
1 Ave 56 & Road 152 C Nagatani Farms
Family Ltd.
$4,189,000 $35,488
1 Earlimart Omkar Farms LLC 3/18/2022 118.04
2 Sullivan Road &
Interstate 5
Buckwood
Partners LLC
$4,565,100 $30,000
2 Buttonwillow Five Rivers Ranch
LLC
12/16/2021 152.17
3 Highway 66 &
Interstate 5
IB Farming LLC $4,180,500 $27,090
3 Mettler KSB LP 5/17/2021 154.32
4 Houston Ave &
2nd Ave
Santokh &
Apinder Toor
$4,350,000 $28,317
4 Hanford Saran Capital LLC 3/29/2021 153.62
5 Ave 112 & Road
136
Eric & Caron
Borba
$2,000,000 $25,000
5 Pixley Sandeep S.
Chauhan
2/4/2021 80.00
6 Ave 144 & Road
112
Sandokh &
Arpinder Toor
$915,000 $33,092
6 Tipton Daniel Holdings 2
LLC
1/27/2021 27.65
Sale Comments
This sale was financed with a $1,300,000 1st trust deed. The lender was Farmer's Home (USA).
This was an all cash to the seller transaction.
This sale was financed with a $2,800,000 conventional 1st trust deed. The lender was Farm Credit West FLCA.
This sale was financed with a short term (6 months) 75% loan to value seller carried loan. It was subsequently refinanced May 16, 2022 with a $3,000,000 conventional 1st trust deed.
The lender was American Ag Credit FLCA. This sale
considered to be cash equivalent.
This sale was financed with a $2,535,000 conventional 1st trust deed. The lender was Tri-Counties Bank.
This sale was financed with a $640,500 conventional 1st trust deed. The lender was Suncrest Bank.
Appraisal Report Dennis L. Schneider, MAI, SRA 42
ID 1522 Date 3/18/2022
Address Ave 56 & Road 152 Price $4,189,000
City Earlimart Price Per Acre $35,488
State CA Transaction Type Closed Sale
Tax ID 318-330-001 Financing Conventional
Grantor C Nagatani Farms Family Property Rights Fee Simple Grantee Omkar Farms LLC Days on Market 13
Book/Page or Reference 2022-0017798 Verification Parcel Quest Conditions of Sale Arm's Length
Acres 118.04 Topography Level
Land SF 5,141,822 Zoning AE-20
Road Frontage 2,647,06 feet Flood Zone X
Shape Irregular Encumbrance or None Known
Irrigation Water Surface & Ground Environmental Issues None Known Permanent Crops Almonds
Average Age 2 years PGI $700,000
Condition Good Expense Ratio 79.46%
Planted Acres 112.00 NOI $143,808
Building Value $0 Cap Rate 3.43%
Transaction
Comparable 1
Site
Comments
Improvements & Financial Data
This property is near the intersection of Ave 56 & Road 144 in rural Earlimart. It is in the Visalia/Porterville Market Area. This property is on the northwest corner of Ave 56 & Road 152 in the unincorporated area of Tulare County. The 118.04-acre parcel is zoned AE-40 Exclusive Agricultural 40-Acre Minimum by Tulare County. The property is in the Delano-Earlimart Irrigation District GSA. Surface water is available from Delano-Earlimart Irrigation District. Ground water is provided by an on-site agricultural well with a 150- horsepower turbine pump. Permanent crops consist of 112.00-acres of Independence almonds that were planted in 2020 and are in good condition.
Appraisal Report Dennis L. Schneider, MAI, SRA 43
ID 2653 Date 12/16/2021
Address Sullivan Road & Price $4,565,100
City Buttonwillow Price Per Acre $30,000
State CA Transaction Type Closed Sale
Tax ID 103-040-20, 25 to 28 Financing Seller
Grantor Buckwood Partners LLC Property Rights Fee Simple Grantee Five Rivers Ranch LLC Days on Market 45
Book/Page or Reference 221240550 Verification Parcel Quest Conditions of Sale Arm's Length
Acres 152.17 Topography Level
Land SF 6,628,525 Zoning A
Road Frontage NA-Private Road Access Flood Zone X
Shape Irregular Encumbrance or None Known
Irrigation Water Surface & Ground Environmental Issues None Known Permanent Crops Almonds
Average Age 6 years PGI $867,369
Condition Good Expense Ratio 82.92%
Planted Acres 139 NOI $148,118
Building Value $0 Cap Rate 3.24%
Transaction
Site
Improvements & Financial Data
This property is north of the Buttonwillow Rest area along Interstate 5 near the rural community of Buttonwillow. It is in the Bakersfield Market Area. It is 1/2 of a mile north of Sullivan Road on both the east and west lines of Interstate 5 in the unincorporated area of Kern County. The subject consists of a 152.17- acre parcel that is zoned A Agriculture by Kern County. Surface water is available from the Semi-Tropic Irrigation District and ground water is provided by an on-site agricultural well with 150-horsepower pump that produces 1,308-gallons/minute. The property is in the Kern Groundwater Authority GSA. The permanent crops consist of 139.00 planted acres of almonds: 64.00 acres of 9-year old 50% Nonpareil & 50% Monterey varieties & 75-acres of 3-year old 50% Nonpareil & 50% Bennett-Hickman varieties. The weighted average age is 6-years. The trees are in good condition and are irrigated by a double-line drip system.
Comments
Comparable 2
Appraisal Report Dennis L. Schneider, MAI, SRA 44
ID 2652 Date 5/17/2021
Address Highway 66 & Interstate 5 Price $4,180,500
City Mettler Price Per Acre $27,090
State CA Transaction Type Closed Sale
Tax ID 238-211-21 Financing Cash
Grantor IB Farming LLC Property Rights Fee Simple
Grantee KSB LP Days on Market Not Available
Book/Page or Reference 22119926 Verification Parcel Quest Conditions of Sale Arm's Length
Acres 154.32 Topography Level
Land SF 6,722,179 Zoning A
Road Frontage NA-Private Road Access Flood Zone X
Shape Square Encumbrance or None Known
Irrigation Water Surface & Ground Environmental Issues None Known Permanent Crops Almonds
Average Age 16 years PGI $879,624
Condition Good Expense Ratio 79.94%
Planted Acres 150.00 NOI $176,496
Building Value $0 Cap Rate 4.22%
Comparable 3
Transaction
Site
Comments
Improvements & Financial Data
This property is near the intersection of Highway 166 & Interstate 5 near the rural community of Mettler. It is in the Bakersfield Market Area. It is 1/4 of a mile north of Highway 166 and about 1/2 of a mile west of Interstate 5 in the unincorporated area of Kern County. The subject consists of a 154.52-acre parcel that is zoned A Agriculture by Kern County. Surface water is available from the Arvin Edison Water Storage District and ground water is provided by an on-site agricultural well with 300-horsepower pump. The property is in the South of Kern River GSA. The permanent crops consist of 150.00 planted acres of almonds that are 16 years old. Half to the planting is 50% Nonpareil, 25% Monterey & 25% Fritz and half the planting is 50% Butte & 50% Padre. The trees are in good condition and are irrigated by a double-line drip system.
Appraisal Report Dennis L. Schneider, MAI, SRA 45
ID 2655 Date 3/29/2021
Address Houston Ave & 2nd Ave Price $4,350,000
City Hanford Price Per Acre $28,317
State CA Transaction Type Closed Sale
Tax ID 016-220-012 Financing Conventional
Grantor Santokh & Apinder Toor Property Rights Fee Simple Grantee Saran Capital LLC Days on Market 141
Book/Page or Reference 2021-0014270 Verification Parcel Quest Conditions of Sale Arm's Length
Acres 153.62 Topography Level
Land SF 6,691,687 Zoning AG-20
Road Frontage 2,050 feet Flood Zone A
Shape Irregular Encumbrance or None Known
Irrigation Water Ground Water Environmental Issues None Known Permanent Crops Almonds
Average Age 2 years PGI $875,634
Condition Good Expense Ratio 78.44%
Planted Acres 146.00 NOI $188,778
Building Value $0 Cap Rate 4.34%
Transaction
Comments
Site
This property is near the intersection of Houston Ave & 6th Ave in rural Hanford. It is in the Visalia/Porterville Core Based Statistical Area. It is on the southwest corner of Ave 72 & Road 144 in the unincorporated area of Kings County. The subject consists of a 152.17-acre parcel that is zoned AG-20 Exclusive Agricultural with a 20 acre minimum parcel by Kings County. The subject does not have surface water rights. Ground water is provided by two on-site agricultural. The property is in the Greater Kaweah GSA. The permanent crops consist of about 146 planted acres of 2-year old Independence variety of almonds that are planted on a 21' by 14' spacing. The trees are in good condition and are irrigated by a double-line drip system.
Improvements & Financial Data
Comparable 4
Appraisal Report Dennis L. Schneider, MAI, SRA 46
ID 1519 Date 2/4/2021
Address Ave 112 & Road 136 Price $2,000,000
City Pixley Price Per Acre $25,000
State CA Transaction Type Closed Sale
Tax ID 295-120-004, 295-120-005 Financing Conventional
Grantor Eric & Caron Borba Property Rights Fee Simple
Grantee Sandeep S. Chauhan Days on Market 906 days
Book/Page or Reference 2021-0008993 Verification Parcel Quest Conditions of Sale Arm's Length
Acres 80.00 Topography Level
Land SF 3,484,800 Zoning AE-40
Road Frontage 2,640.00 feet Flood Zone A
Shape Rectangular Encumbrance or None K nown
Irrigation Water Ground Water Environmental Issues None Known Permanent Crops Almonds
Average Age 6 years PGI $456,000
Condition Average Expense Ratio 77.69%
Planted Acres 75.00 NOI $101,716
Building Value $0 Cap Rate 5.09%
Site
Improvements & Financial Data
Comments
Transaction
This property is near the intersection of Ave 96 (Court Street) and Road 136 (Palm Street) in rural Pixley. It is in the Visalia/Porterville Market Area. This property is on the northwest corner of Ave 112 & Road 136 in rural Pixley in the unincorporated area of Tulare County. The 80.00-acre parcel is zoned AE-40 Exclusive Agricultural 40-Acre Minimum by Tulare County. The subject is in Pixley Irrigation District. However, no surface water is available. Ground water is provided by an on-site agricultural well with a 75-horsepower turbine pump that produces 1,500-gallons per minute. Permanent crops consist of 75.00-acres of almonds that were planted in 2015 and are in average condition. The west half is planted to 50% Nonpareil and 50% Independence almonds & the east half is planted to 50% Nonpareil & 50% Monterey almonds. The 2019 production was reported to be 2,059-pounds/acre. Building improvements consist of a 1,300-sq. ft. residence and barn that are in poor condition and non-contributing to value.
Comparable 5
Appraisal Report Dennis L. Schneider, MAI, SRA 47
ID 1520 Date 1/27/2021
Address Ave 144 & Road 112 Price $915,000
City Tipton Price Per Acre $33,092
State CA Transaction Type Closed Sale
Tax ID 300-030-047, 300-330-001 Financing Conventional
Grantor Sandokh & Arpinder Toor Property Rights Fee Simple Grantee Daniel Holdings 2 LLC Days on Market 4
Book/Page or Reference 2021-0006634 Verification Parcel Quest Conditions of Sale Arm's Length
Acres 27.65 Topography Level
Land SF 1,204,434 Zoning M-2
Road Frontage 448.13 feet Flood Zone X
Shape Irregular Encumbrance or None Known
Irrigation Water Surface & Ground Environmental Issues None Known Permanent Crops Almonds
Average Age 2 years PGI $157,605
Condition Good Expense Ratio 77.69%
Planted Acres 26.50 NOI $35,156
Building Value $0 Cap Rate 3.84%
Site
Comments
Comparable 6
This property is near the intersection of Ave 144 and State Route 99 in in rural Tipton. It is in the Visalia/Porterville Market Area. This property is on the southeast corner of Ave 144 & Road 112 in the unincorporated area of Tulare County. It is in Tipton's Urban Development Boundary. However, no urban influence is noted. The 27.65-acre parcel is zoned M-2 Heavy Manufacturing by Tulare County. Surface water is available from the Lower Tule River Irrigation District. Ground water is provided by an on-site agricultural well. Permanent crops consist of 26.50-acres of Independence variety almonds that were planted in 2019 and are in good condition.
Improvements & Financial Data
Transaction
Appraisal Report Dennis L. Schneider, MAI, SRA 48
Comparables Map
Analysis Grid
The above sales have been analyzed and compared with the subject property. I have considered adjustments in the areas of:
Property Rights Sold
Financing
Conditions of Sale
Market Trends
Location
Physical Characteristics
On the following page is a sales comparison grid displaying the subject property, the comparables and the adjustments applied.
Appraisal Report Dennis L. Schneider, MAI, SRA 49
Address
City
State
Date
Price
Acres
Price Per SF
Property Rights Fee Simple 0.0% Fee Simple 0.0% Fee Simple 0.0% Fee Simple 0.0% Fee Simple 0.0% Fee Simple 0.0% Financing Conventional 0.0% Seller 0.0% Cash 0.0% Conventional 0.0% Conventional 0.0% Conventional 0.0% Conditions of Sale Arm's Length 0.0% Arm's Length 0.0% Arm's Length 0.0% Arm's Length 0.0% Arm's Length 0.0% Arm's Length 0.0% Market Trends Through 11/16/2022 0.0%
Location
% Adjustment
$ Adjustment
Acres
% Adjustment
$ Adjustment
Irrigation Water
% Adjustment
$ Adjustment
Permanent Crops
% Adjustment
$ Adjustment
Average Age
% Adjustment
$ Adjustment
Building Value
% Adjustment
$ Adjustment
Net Adjustments
Gross Adjustments
Ave 112 & Road 136
Comp 5
Houston Ave & 2nd
Comp 3
Sullivan Road &
Comp 1
0%
Almonds
$813 $0
0.0%
$27,500
10.0%
$31,148
10.0% 0.0%
$0
0.0%
0%
0%
6 years
Almonds
$33,092
$0
2 years
0.0%
Average Average
$28,317
0.0% 10.0%
3.0%
0%
Average
Almonds
$0
$0 $0
0%
Surface & Ground
$0 $0
0%
0%
$27,090
0.0% 0.0%
$28,317
$30,000
$0
$0
2 years
0%
$0
$0
$30,000 $27,903
3.0%
0%
6 years
0%
$0
0% 0%
$0
0%
$0 $0
Almonds
$0
$0
Almonds
$0
0%
$0
0% 0%
Almonds
$2,832
2 years
$0
3%
16 years
$0
$0
$0
$0
0%
0%
0%
80.00 $0
$2,500
Ground Water
10%
$25,000
Average
$0
0.0%
0%
0%
$0
Surface & Ground
0%
0%
153.62
Ground Water
$0
0%
10%
0%
$0
27.65 $0
$33,092
Average
$33,092
$25,000
0.0%
$27,090
153.62
$25,000 $33,092
156.63 80.00
Pixley
$4,180,500
CA CA
2/4/2021
154.32
Buttonwillow Mettler
Adjusted Price/SF
Fee Simple
$0
$35,488 $30,000
$35,488 $30,000
Conventional
Arm's Length
Transaction Adjustments
$4,565,100
5/17/2021
$4,350,000
12/16/2021
Hanford
Comp 4
3/29/2021
Analysis Grid Comp 2
Earlimart
CA CA
Ave 56 & Road 152
Delano
3/18/2022
CA
Highway 66 &
CA
Averaage
156.63 118.04 152.17 154.32
0%
$0
Adjusted Price/SF
0%
Average
$0
$35,488
$0
0%
$27,090
0%
Surface & Ground
$0
Surface & Ground
0%
Surface & Ground
0%
$0
0%
$0
0%
$0 $0
10 years
$0
0.0%
$35,488
0.0%
0.0%
Adjusted Price/SF
10.0%
Almonds
27.65 $915,000
1/27/2021
Comp 6
Ave 144 & Road 112
Tipton
CA
$2,000,000
11/16/2022
-- $4,189,000
118.04 152.17
$28,317
Garces & Benner
Appraisal Report Dennis L. Schneider, MAI, SRA 50
Comparable Sale Adjustments
Property Rights
The property rights assumed for the subject property and the property rights transferred for the comparable sales used were all fee simple estate. Thus, no adjustments to the comparable sales are required.
Financing
All comparable sales used were cash or cash equivalent transactions. Thus, no adjustments to the comparable sales are required.
Conditions of Sale
All the comparable sales used were arm’s length transactions. Thus, no adjustments to the comparable sales are required.
Economic Trends
No changes in economic trends were noted from the effective date of the appraisal until the date of the oldest sale. Thus, no adjustments to the comparable sales are required.
Location
The subject property and all the comparable sales have similar locations and an adjustment is not required.
Acres
The subject site is 156.63 acres. The comparable sales range in size from 27.65 acres to 154.32 acres. An analysis of the comparable sales indicates that adjustment for size is not required.
Irrigation Water
The subject has surface and ground water. The comparable sales 1 through 3 and 6 have surface and ground water and do not require adjustment. Comparable sales 4 and 5 have ground water only and are adjusted upward 10%.
Permanent Crops
The subject and the comparable sales are improved with almonds and no adjustment for the permanent crops is required.
Average Age
The subject’s permanent crops have an average age of 10 years. Only comparable sale 3 is significantly different in age and it is adjusted upward 5% for the older age of its permanent crops.
Appraisal Report Dennis L. Schneider, MAI, SRA 51
Building Value
The subject does not have building improvements. The comparable sales do not have building improvements that contribute to value. Thus, not adjustment for building improvements is required.
Sales Comparison Approach Conclusion
Following adjustments, the comparables indicated prices per acre of $27,500 to $35,488, with a median value of $30,574.
Sale $/ACRE Comparability
1 $35,488 Superior
6 $33,092 Superior
4 $31,148 Superior
2 $30,000 Superior
Subject $28,500
3 $27,903 Inferior
5 $27,500 Inferior
All of the value indications have been considered, and in the final analysis, comparables 1, 2 and 3, have been given most weight in arriving at my final reconciled per acre value of $28,500. Comparable 1 is considered the best comparable because it is the most recent sale and has proximity to the subject. Comparables 2 and 3 are a tempering influence because of their location is Kern County.
6 % Δ
10%
0%
3%
$29,158 $30,574 5%
$29,158 $4,184,750 acre
$35,488
$29,831
Number of Comps: Unadjusted Adjusted
Reconciled Value/Unit Value: $28,500
$4,463,955
$27,500
Four Million Four Hundred Sixty Thousand Dollars
Reconciled Final Value:
Indicated Value:
156.63
Value Ranges & Reconciled Value
$35,488
Low:
Average: $30,855
$4,460,000
Subject Size:
Median:
$25,000
High:
Appraisal Report Dennis L. Schneider, MAI, SRA 52
Income Approach
The Income Approach to value is based on the present worth of the future rights to income. This type of analysis considers the property from an investor's point of view, the basic premise being that the amount and quality of the income stream are the basis for value of the property.
Direct Capitalization Analysis
The steps involved in capitalizing the subject's net returns using the owner-operator analysis are as follows:
• Develop an opinion of the subject's gross returns through an analysis of the subject’s historic production and historic crop prices. • The basis for the gross returns is the owner-operator’s actual income. The Agricultural Commissioner’s Crop Reports are a tempering influence. • Develop an opinion of the cash operating expenses. The University of California Cooperative Extension Sample Costs is the source for the operating expenses. • Subtract the expenses from the gross returns to derive an opinion of the net returns.
• Develop the capitalization rate (Ro) from the comparable sales. • Divide the net returns by a market derived capitalization rate for an opinion of value.
Net and Gross Returns Computations
Direct Capitalization Analysis
The steps involved in capitalizing the subject's net returns using the owner-operator analysis are as follows:
• Develop an opinion of the subject's gross returns through an analysis of the subject’s historic production and historic crop prices. • The basis for the gross returns is the owner-operator’s actual income. The Agricultural Commissioner’s Crop Reports are a tempering influence. • Develop an opinion of the cash operating expenses. The University of California Cooperative Extension Sample Costs is the source for the operating expenses.
Appraisal Report Dennis L. Schneider, MAI, SRA 53
• Subtract the expenses from the gross returns to derive an opinion of the net returns.
• Develop the capitalization rate (Ro) from the comparable sales. • Divide the net returns by a market derived capitalization rate for an opinion of value.
Net and Gross Returns Computations
Direct Capitalization Analysis
The steps involved in capitalizing the subject's net returns using the owner-operator analysis are as follows:
• Develop an opinion of the subject's gross returns through an analysis of the subject’s historic production and historic crop prices. • The basis for the gross returns is the owner-operator’s actual income. The Agricultural Commissioner’s Crop Reports are a tempering influence. • Develop an opinion of the cash operating expenses. The University of California Cooperative Extension Sample Costs is the source for the operating expenses. • Subtract the expenses from the gross returns to derive an opinion of the net returns.
• Develop the capitalization rate (Ro) from the comparable sales. • Divide the net returns by a market derived capitalization rate for an opinion of value.
Appraisal Report Dennis L. Schneider, MAI, SRA 54
Net and Gross Returns Computations
Acres 156.63
Planted Acres 151.02
Pound/Acre 3,250
Price/Pound $2.00
Gross Returns/Acre $6,500
Total Gross Returns $981,630
Cultural Cost/Acre $4,032
Harvest Cost/Pound $0.20
Harvest Cost/Acre $652
Interest on Operating Capital $66
Total Operating Costs/Acre $4,750
Cash Overhead/Acre $597
Total Cash Costs/Acre $5,347
Total Cash Costs $807,518
Total Gross Returns $981,630
Total Cash Costs $807,518
Net Returns $174,112
Gross Returns - Almonds
Operating Costs/Acre - Almonds
Net Returns - Almonds
The gross returns per acre of the permanent crops is roughly based on the production information records provided by the property owner and tempered by information extracted from the Kern Agricultural Commissioner’s Annual Crops Reports.
The cash costs, or expenses, are based on the University of California Agricultural and Natural Resources Cooperative Extension and the UC Davis Department of Agricultural and Resource Economics 2019 Sample Costs to Establish an Orchard and Produce Almonds.
Appraisal Report Dennis L. Schneider, MAI, SRA 55
100%
Gross Income
1 100%
Expenses
Other Expenses
Appraisal Report Dennis L. Schneider, MAI, SRA 56
Potential Gross IncoEffective Gross Expenses Exp. Reimbursem ing Income Cash Flow
Amount $981,630 $981,630 $807,518 $0 $174,112
Potential Gross
Income
Effective
Gross Income Expenses
Exp. Reimbursements NOI
$981,630 $981,630
$807,518
$0
$174,112
Cash Flow Profile
Capitalization Rate
The capitalization rate is the factor that converts the stabilized net operating income (NOI) to a present value. It is the ratio of net income to value or sale price.
NOI ÷ Sale Price = Capitalization Rate
For example, if a property sells for $500,000, and has a stabilized NOI of $50,000, the indicated capitalization rate is 10%.
Market Extracted Rates
The table below details capitalization rates extracted from the market.
Comparable City Price Date NOI Cap Rate
1 Earlimart $4,189,000 3/18/2022 $143,808 3.43%
2 Buttonwillow $4,565,100 12/16/2021 $148,118 3.24%
3 Mettler $4,180,500 5/17/2021 $176,496 4.22%
4 Hanford $4,350,000 3/29/2021 $188,778 4.34%
5 Pixley $2,000,000 2/4/2021 $101,716 5.09%
6 Tipton $915,000 1/27/2021 $35,156 3.84%
Comparable Sale Cap Rates
Appraisal Report Dennis L. Schneider, MAI, SRA 57
Capitalization Rate Conclusion
The range of capitalization rates is 3.24% to 5.09% an average of 4.03%. Comparable 1, 2 and 3 are given the most consideration because comparable 1 is the most recent and comparables 2 and 3 are in Kern County. Thus, an appropriate capitalization rate is estimated to be 4.00%.
Capitalization to Value
Unit/Space Type Income Method Units/SF Annual % of PGI
Almonds $981,630 $/Year 0 $981,630 100.0%
1 Total Rental Income: $981,630 100.0%
Other Income: $0 0.0%
$981,630 100%
$0 0.00%
Expense Amount Annual % EGI
Other Expenses $807,518 $807,518 82.26%
$807,518 82.26%
82.26%
$174,112 $0.00
4.00%
$4,352,800 $0.00
$4,350,000 $0.00
Value (NOI/Cap Rate):
Rounded:
Total Expenses:
Expense Ratio (Expenses/EGI):
Net Operating Income (NOI):
Capitalization Rate:
$/Year
Method
Income Capitalization Analysis
Potential Gross Income:
Vacancy & Collection Loss:
Direct Capitalization Analysis Conclusion
Based on the above analysis detailed above, as of November 16, 2022 I have reconciled to a direct capitalization approach value of:
$4,350,000
Four Million Three Hundred Fifty Thousand Dollars
Appraisal Report Dennis L. Schneider, MAI, SRA 58
Final Reconciliation
The process of reconciliation involves the analysis of each approach to value. The quality of data applied the significance of each approach as it relates to market behavior and defensibility of each approach are considered and weighed. Finally, each is considered separately and comparatively with each other.
Value Indications
Sales Comparison Approach: $4,460,000
Income Approach:
Direct Capitalization $4,350,000
Cost Approach
A cost analysis was considered and was not developed because this approach to value is not relied upon by the market.
Sales Comparison Approach
A sales comparison analysis was considered and was developed because there is adequate data to develop a value estimate and this approach reflects market behavior for this property type. This approach is usually the most reliable for permanent crops. However, it is tempered somewhat by the income approach because of the limited recent sales of almonds in Kern County.
Income Approach – Direct Capitalization
An income analysis was considered and was developed because the subject is an income producing property and there is adequate data to develop a value estimate with this approach. The appraiser used an owner-operator analysis to develop an opinion of value.
This a tempering influence because of the limited recent sales of almonds in Kern County.
Appraisal Report Dennis L. Schneider, MAI, SRA 59
Value Conclusion
Based on the data and analyses developed in this appraisal, I have reconciled to the following value conclusion(s), as of November 16, 2022, subject to the Limiting Conditions and Assumptions of this appraisal.
Value Premise As Is
Date of Value 11/16/2022
Value Type Market Value
Value Perspective Current
Interest Appraised Fee Simple
Improved Sales Analysis $4,460,000
Income Capitalization $4,350,000
Value Conclusion: $4,400,000
Summary of Values
Appraisal Report Dennis L. Schneider, MAI, SRA 60
Certification Statement
January 4, 2023
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions and conclusions.
I have no present or prospective future interest in the property that is the subject of this report and have no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report, or to the parties involved with this assignment.
My engagement in this assignment was not contingent upon developing or reporting predetermined results.
My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).
No one provided significant real property appraisal assistance to the person(s) signing this certification.
I certify sufficient competence to appraise this property through education and experience, in addition to the internal resources of the appraisal firm. The appraiser has performed the following services regarding the subject within the three-year period immediately preceding acceptance of this assignment: an appraisal with a report date of March 16, 2022.
Dennis Schneider has inspected the subject property.
The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraiser Practice of the Appraisal Institute.
Appraisal Report Dennis L. Schneider, MAI, SRA 61
The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
As of the date of this report, I have completed the continuing education program for Designated Members of the Appraisal Institute.
Respectfully submitted,
Dennis L. Schneider, MAI, SRA
Dennis L. Schneider, MAI, SRA
CA-AG 009026
March 3, 2025
Expiration-Date
Appraisal Report Dennis L. Schneider, MAI, SRA 62
Qualifications of the Appraiser
Dennis L. Schneider, MAI, SRA
22482 Avenue 178
Porterville, California 93257
(559) 781-1313
[email protected]
Professional Appraisal Experience:
• Independent Fee Appraiser, May 1983 to the Present
• Security Pacific National Bank, October 1979 to April 1983 • Guarantee Savings and Loan, November 1978 to September 1979 • First Savings and Loan, November 1977 to October 1978 • Tulare County Assessor’s Office, January 1975 to October 1977 Field variety experience includes the appraisal of residential, commercial, industrial, and agricultural properties throughout Fresno, Kern, Kings, and Tulare Counties.
College Education:
• Bachelor of Science, Agricultural Business, CSU Fresno; August 1974 • Associate of Arts, Porterville College, June 1970
Continuing Education:
• Appraisal Institute: Business Practice and Ethics, April 2022 • ASFMRA: 2022 Outlook Agribusiness Conference, March 2022 • ASFMRA: 2022-2023 7-Hour National USPAP Course, March 2022 • ASFMRA: Federal and State Laws and Regulations, March 2018 • Appraisal Institute: New Technology for Real Estate Appraisers, January 2018 • Appraisal Institute: Data Verification Methods, January 2018 • Appraisal Institute: Forecasting Revenue, January 2018 • Appraisal Institute: Analyzing Operating Expenses, December 2017 • Appraisal Institute: Eminent Domain and Condemnation, December 2017 Professional Memberships:
• MAI Member of the Appraisal Institute, Member Number 107930, July 8, 1998 • SRA Member of the Appraisal Institute, October 1982
• Associate Member, American Society of Farm Managers & Rural Appraisers State of California, Bureau of Real Estate Appraisers:
• Certified General Real Estate Appraiser
• BREA Appraiser Identification Number AG009026
• March 3, 2025, license expiration date
Court Experience:
I have testified as an expert witness on the valuation of residential, commercial, and agricultural properties in Superior Court, County of Tulare.
Appraisal Report Dennis L. Schneider, MAI, SRA 63
Glossary
This glossary contains the definitions of common words and phrases, used throughout the appraisal industry, as applied within this document. Please refer to the publications listed in the Works Cited section below for more information.
Works Cited:
Appraisal Institute. The Appraisal of Real Estate. 15th edition. Chicago: Appraisal Institute, 2020. Print.
Appraisal Institute. The Dictionary of Real Estate Appraisal. 7th edition. 2022. Print. Appraisal Standards Board. The Appraisal Foundation. 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP). Effective January 1, 2020, through December 31, 2021. (Extended to December 31, 2022) Band of Investment
A technique in which the capitalization rates attributable to components of a capital investment are weighted and combined to derive a weighted-average rate attributable to the total investment. (Dictionary, 7th edition)
Common Area
1. The total area within a property that is not designed for sale or rental but is available for common use by all owners, tenants, or their invitees, e.g., parking and its appurtenances, malls, sidewalks, landscaped areas, recreation areas, public toilets, truck and service facilities.
2. In a shopping center, the walkways and areas onto which the stores face and which conduct the flow of customer traffic. (ICSC) (Dictionary, 7th edition) Common Area Maintenance (CAM)
1. The expense of operating and maintaining common areas; may or may not include management charges and usually does not include capital expenditures on tenant improvements or other improvements to the property.
2. [For shopping centers, the amount of money charged the tenants for their shares of maintaining a center’s common area. The charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. Items charged to common area maintenance may include cleaning services, parking lot sweeping and maintenance, snow removal, security, [amenities,] and upkeep. (ICSC) (Dictionary 7th edition)
Debt Coverage Ratio (DCR)
The ratio of net operating income to annual debt service (DCR = NOI/Im), which measures the relative ability of a property to meet its debt service out of net operating income; also called debt service coverage ratio (DSCR). A larger DCR indicates a greater ability for a property to withstand a downturn in revenue, providing an improved safety margin for a lender. (Dictionary, 7th edition)
Discount Rate
Appraisal Report Dennis L. Schneider, MAI, SRA 64
A rate of return on capital used to convert future payments or receipts into present value. (Dictionary, 7th edition)
Effective Age
The age of property that is based on the amount of observed deterioration and obsolescence it has sustained, which may be different from its chronological age. (Dictionary, 7th edition) Effective Date
1. The date on which the appraisal opinion applies. (SVP) (Dictionary 7th edition)
2. The date to which an appraiser’s analyses, opinions, and conclusions apply; also referred to as date of value. (USPAP), 2020-2021 ed.)
Exposure Time
1. The time a property remains on the market. (Dictionary 7th edition)
2. An opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. USPAP), 2020-2021 ed.)
External Obsolescence
A type of depreciation; a diminution in value caused by negative external influences and generally incurable on the part of the owner, landlord, or tenant. The external influence may be either temporary or permanent. There are two forms of external obsolescence: economic and locational. (Dictionary, 7th edition)
Extraordinary Assumption
An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s or conclusions.
Comment: Uncertain information might include physical, legal, or economic characteristics of the subject property, or conditions external to the property, such as market conditions or trends, or about the integrity of data used in an analysis. (USPAP, 2020-2021 ed.) Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Dictionary, 7th edition)
Functional Obsolescence
The impairment of functional capacity of a property according to market tastes and standards. (Dictionary, 7th edition)
Functional Utility
The ability of a property or building to be useful and to perform the function for which it is intended according to current market tastes and standards; the efficiency of a building’s use in terms of architectural style, design and layout, traffic patterns, and the size and type of rooms. (Dictionary, 7th edition)
Gross Building Area (GBA)
Appraisal Report Dennis L. Schneider, MAI, SRA 65
1. Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved.
2. Gross leasable area plus all common areas.
3. For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically, does not include garage space.
Gross Leasable Area (GLA)
Total floor area designed for the occupancy and exclusive use of tenants, including basements and mezzanines; measured from the center of joint partitioning to the outside wall surfaces. (Dictionary, 7th edition)
Highest & Best Use
The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. (Dictionary, 7th edition) Hypothetical Condition
A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (USPAP, 2020-2021 ed.)
Leased Fee Interest
The ownership interest held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (Dictionary, 7th edition) Market Area
The geographic region from which a majority of demand comes and in which the majority of competition is located. Depending on the market, a market area may be further subdivided into components such as primary, secondary, and tertiary market areas, or the competitive market area may be distinguished from the general market area. (Dictionary, 7th edition) Market Rent
The most probable rent that a property should bring is a competitive and open market reflecting all conditions and restrictions of the lease agreement, including permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs). (Dictionary, 7th edition)
Market Value
A type of value that is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined.
Appraisal Report Dennis L. Schneider, MAI, SRA 66
1. The most widely accepted components of market value are incorporated in the following definition: The most probable price that the specified property interest should sell for in a competitive market after a reasonable exposure time, as of a specified date, in cash, or in terms equivalent to cash, under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, for self-interest, and assuming that neither is under duress.
2. Market value is described in the Uniform Standards of Professional Appraisal Practice (USPAP) as follows: A type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the value definition that is identified by the appraiser as applicable in an appraisal. (USPAP, 2020-2021 ed.) Comment: Appraisers are cautioned to identify the exact definition of market value, and its authority, applicable in the appraisal.
3. The following definition of market value is used by agencies that regulate federally insured financial institutions in the United States: The most probable price that a property should bring in a competitive and open market under all condition’s requisite to a fair sale, the buyer and the seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and seller are typically motivated;
• Both parties are well informed or well advised, and acting in what they consider their best interests;
• A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
• The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
(12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994)
4. The International Valuation Standards Council defines market value for the purpose of international standards as follows: The estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion. (IVS)
5. The Uniform Appraisal Standards of Federal Land Acquisitions defines market value as follows: Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal. (Uniform Appraisal Standards for Federal Land Acquisitions)
Net Operating Income (NOI or Io)
Appraisal Report Dennis L. Schneider, MAI, SRA 67
The actual or anticipated net income that remains after all operating expenses are deducted from effective gross income but before mortgage debt service and book depreciation are deducted from the effective gross income but before mortgage debt service and book depreciation are deducted. Note: This definition mirrors the convention used in corporate finance and business valuation for EBITDA (earnings before interest, taxes, depreciation, and amortization.) (Dictionary, 7th edition)
Obsolescence
One cause of depreciation; an impairment of desirability and usefulness caused by new inventions, changes in design, improved processes for production, or external factors that make a property less desirable and valuable for a continued use; may be either functional or external. (Dictionary, 7th edition)
Parking Ratio
A ratio of parking area or parking spaces to an economic or physical unit of comparison.
Minimum required parking ratios of various land uses are often stated in zoning ordinances. (Dictionary, 7th edition)
Rentable Area
For office buildings, the tenant’s pro rata portion of the entire office floor, excluding elements of the building that penetrate through the floor to the areas below. The rentable area of a floor is computed by measuring to the inside finished surface of the dominant portion of the permanent building walls, excluding any major vertical penetrations of the floor.
Alternatively, the amount of space on which the rent is based; calculated according to local practice. (Dictionary, 7th edition)
Replacement Cost
The estimated cost to construct, at current prices as of the effective appraisal date, a substitute for the building being appraised, using modern materials and current standards, design, and layout. (Dictionary, 7th edition)
Scope of Work
The type and extent of research and analyses in an assignment. (USPAP, 2020-2021 ed.) Stabilized Occupancy
1. The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is priced at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing its appropriate share of market demand.
2. An expression of the average or typical occupancy that would be expected for a property over a specified projection period or over its economic life. (Dictionary, 7th edition) Appraisal Report Dennis L. Schneider, MAI, SRA 68
Addenda
CITY OF DELANO
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
May 1 , 2023
Agenda I tern: 9
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Authorizing staff to issue Will-Serve Letter for water service requested by Sikh Temple at 14295 County Line Rd., in Tulare County; service outside the city limits is an option provided in Municipal Code Section 13.04.078 if approved by City Council.
Recommendation
Authorize water service for Sikh Temple at 14295 County Line Rd., in Tulare County, outside the city limits, as provided by Municipal Code Section 13.04.078.
Discussion
Gurdwara Singh Sabha of Delano, the Sikh Temple, is requesting water service for their new facility planned at 14295 County Line Rd. in Tulare County. They have submitted their project for review by Tulare County and are required to show a Will-Serve letter from the City of Delano for water service in order to proceed.
The facility will be approximately 9,976 square feet, with a prayer hall, dining hall, kitchen, and other amenities necessary for such installation. All of this, including the existing building and parking lot in their three acre parcel.
The City has an existing waterline fronting the subject location that has the capacity to provide this service. The applicant would pay for all costs associated with the service installation, including a water impact fee.
Budget Impact
None, the applicant will pay for all costs associated including a water impact fee.
Attachment: Water Service Request
Site Plan
Operation Statement
Rendering
Municipal Code Section 13.04.78
1 Roman Dowling
From: Gursewak Ghatora <[email protected]>
Sent: Sunday, April 16, 2023 9:46 PM
To: Roman Dowling
Subject: Sikh Temple at 14295 County Line Rd.
Attachments: render.jpg; op statement.pdf; gurdwara site.pdf EXTERNAL MESSAGE: Use caution when clicking links or attachments Roman,
This email is to confirm that we have entered the above-mentioned Sikh Temple building into the Tulare County for a site plan review. We would like to get a Will-Serve for the Water supply line from the city of Delano because all the occupants using the building are from Delano city. Attached is our operational statement, exterior render, site plan, and floor plan for your record. Please let us know if you have any questions or need anything else from us.
Thank you,
Gursewak Ghatora
Operational Statement
This description is for the proposed construction of a new Sikh Temple at 14295 County Line Road, Delano, CA 93215 by the Gurdwara Singh Sabha of Delano. The site is approximately 3 acres and is currently used for a church.
The new Sikh Temple complex will have a building footprint of approximately 9976 sq. ft and will be open daily from 8am to 5pm. The temple will have two full time employees.
The proposed building will consist of a prayer hall, roughly 3,220 sq. ft, with two storage rooms, approximately 210 sq. ft each. The building’s entry lobby is roughly 886 sq. ft with two storages approximately 115 sq. ft each. The dining hall is about 2,320 sq. ft with a kitchen that is approximately 656 sq. ft. The kitchen also has a 64 sq. ft walk-in cooler and 200 sq .ft dry storage. The management office is approximately 180 sq. ft, and the four additional offices are roughly 115 sq. ft each. The existing building to remain will be used as a storage facility.
The parking analysis of the Sikh temple is based on the previously mention square footages excluding the dining hall, kitchen and lobby.
As per religious traditions, the worshippers are all required to pray first. Once the prayer ceremony is complete, all the congregation partakes in a communal feast (Langar). Due to this tradition, the parking analysis was performed considering the same individuals would ideally occupy either space at any given time.
If you have any questions please feel free to contact the board member, Ranbir Singh Bhatti at (661) 343-0563.
PATH/NAME: D:\personal projects\GURDWARA\gurwara sahib Janurary.pln PLOT DATE: 4/9/2023PLOT TIME: 4:10 PM
13'-7" 182'-9" 13'-7"
28' 117'-9" 58'-2" 72' 5' 90' 5' 54' 5' 25' 5' 72' 64'-8" 20' 18'-3" 20' 19'-7" 30' 20' 20' 30' 20' 20' 30' 19'-7" 9'
TYP.
153'-7" 56'
R 45'
R 20'
R 20'
R 5'
R 2'-6"
TYP.
R 20'
R 5'
3,216.26 sq ft
243.32 sq ft
239.87 sq ft
885.80 sq ft
2,319.87 sq ft
655.18 sq ft
63.91 sq ft
198.45 sq ft 112.54 sq ft
CAR PARKING
PASSENGER
DROP OFF
GRASS AREA : 27,420 SF.
PARKING PAVED AREA: 82,200 SF
TRASH
ENCLO.
ACCESSIBLE
RAMP
PARKING STALLS:
120 TOTAL OF WHICH 3 ARE VAN
ACCESSIBLE AND 2 ACCESSIBLE
STALLS
PROPERTY
ENTRY
AC PAVING
CONC.
PLANTER
TURF
AC PAVING
AC PAVING
RAISED
CONC.
PLATFORM
TURF
TURF
TURF
TURF
EXISTING
PERIMITER
CHAINLINK
FENCE (TYP)
60' TALL
FLAG POLE
ENTRY ROAD
2,082.00 sq ft
PROPOSED BUILDING
9,976 SF TOTAL
(E) BUILDING
3,216.26 sq ft
211 SQ FT
206 SQ FT
244 SQ FT
111 SQ FT 120 SQ FT
240 SQ FT
885 SQ FT
2,320 SQ FT
656 SQ FT
64 SQ FT
198 SQ FT
180 SQ FT
123 SQ FT
73 SQ FT
118 SQ FT
113 SQ FT
66 SQ FT
100 SQ FT
PRAYER HALL
LOBBY
DINING HALL
KITCHEN
3217 SQ FT
N
N
N
PROJECT
LOCATION
PROPOSED SIKH TEMPLE BUILDING FOR:
GURDWARA SINGH SABHA OF DELANO
14295 COUNTY LINE ROAD, DELANO, CA, 93215
1 SCALE: 1" = 20'
SITE PLAN
3 NOT TO SCALE
VICINITY MAP
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2023 Staff Reports\05-01-2023\READY_Ratify STRR PO\SR Additional Services from STRR.docx
CITY OF DELANO
STAFF REPORT
J
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 additional budget for Agreement 2022-34 with South Tulare Richgrove Refuse, Inc. (STRR) to provide refuse trucks and drivers for the current fiscal year, on a time and material basis, increasing the budget by $225,000.00 and authorization for the City Manager to execute any documents needed to carry this out.
Recommendation
Ratify additional budget for Agreement 2022-34 with STRR to continue to provide refuse trucks and drivers for the current fiscal year.
Discussion
Due to the continued growth of the City of Delano, and the resulting need to collect refuse from several hundred more residential units added within the last three years, STRR is currently providing two side loading refuse trucks (with drivers) under Amendment Agreement 2022-34. STRR has provided this service at the Kern County franchise rate of $155.00 per hour, plus fuel. STRR was familiar with the routes since these are the same for the recycling collection that they already perform, just on different days of the week. The city’s refuse collection department has been down two or three drivers at a time, necessitating additional help from STRR for the remainder of this fiscal year.
Budget Impact
It is requested that $225,000.00 be allocated from Solid Waste Fund 71 into line item 71- 5522-540, Contractual Maintenance, beginning April 1st, 2023 and ending June 30th, 2023, to pay for these additional services from STRR.
Attachment Proposal
Agreement 2022-34
May 1, 2023
Agenda Item: 10
CITY OF DELANO
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Authorizing the purchase of SC3000 asphalt paving material in the amount of $349,941.30 from Granite Construction from Bakersfield, CA, with this expense to be entered into the 2023/2024 Budget, effective July 1, 2023, and authorization for the City Manager, or her designee, to sign any change orders up to the approved amount.
Recommendation
Authorize the purchase of SC3000 asphalt paving material in the amount of $349,941.30 from Granite Construction from Bakersfield, CA, with this expense to be entered into the 2023/2024 Budget, effective July 1, 2023.
Discussion
Municipal Code section 3.08.170 requires that expenditures in excess of $ 35,000 shall have approval of the City Council prior to issuance of a purchase order. This purchase will be used as an overlay on city streets that have deteriorated to a degree that affects the flow of traffic. Resurfacing with SC3000 greatly improves the riding qualities for local traffic and will extend the life of streets before total reconstruction is needed. The proposed purchase was advertised for public bid and four (4) responses were received on March 23, 2023.
Granite Construction $86.15/ton
Jaxon Enterprises dba deer Creek Asphalt $86.38/ton
Griffith Company $93.10/ton
Bowman Asphalt Inc. $98.00/ton
Staff recommends that Granite Construction be awarded the purchase of SC3000 in the amount of $349,941.30 (4,062 tons).
Budget Impact
This approval directs the Finance Director to budget this expense ($349,941.30) in the 2023- 2024 TDA budget under account number 12-92AB-320. Additionally, it is requested that said budget total be $450,000.00 to cover other expenses associated with the application of this material on City streets. This purchase will become effective July 1st, 2023.
Attachment: Bid Tabulation
May 1, 2023
Agenda Item: 11
CITY OF DELANO Granite Construction Jaxon Enterprises Griffith Company Bowman Asphalt Inc. 1015 Eleventh Avenue 3005 James Road dba Deer Creek Aphalt 1128 Carrier Parkway Ave 3351 Fairhaven Dr Delano, CA 93215 Bakersfield, CA 93308 1643 Taho Court Bakersfield, CA 93308 Bakersfield, CA 93308 (661) 721-3300 661-399-3361 Redding, CA 96003 661-392-6640 661-334-1356 PROJECT: Purchase of Cold Mix Asphalt SC-3000 (Materials only) 530-241-2112 Bid Date: 03/23/2023, 2:00 pm Lic. 89 Lic. 88 Lic. 862672 ITEM EST. UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL
NO UNIT ITEM QUANTITY PRICE PRICE QUANTITY PRICE PRICE QUANTITY PRICE PRICE QUANTITY PRICE PRICE 1 TONS
Supply and deliver Cold Mix Asphalt
SC3000 on site within 2.5 miles radius of
the Corporation Yard at 725 S. Lexington 86.15 349,941.30 4,062 4,051 86.38 349,925.38 3,759.39 93.10 349,999.21 3,571.43 98.00 350,000.14 TOTAL BASE BID 4,062 349,941.30 4,051 349,925.38 3,759.39 349,999.21 3,571.43 350,000.14 BID SIGNED? YES YES YES YES
BID SECURITY ENCLOSED? YES YES YES YES
City of Delano Engineering Dept. Page 1 of 1
CITY OF DELANO
STAFF REPORT
May 1, 2023
Agenda Item:12
TO: Honorable Mayor Alindajao and Members of the City Council FROM: Maribel Reyna, City Manager
By: Rachel Richman City Attorney
SUBJECT: Second Reading of an Ordinance Amending Section 2.04.300 of the Delano Municipal Code Removing Robert’s Rules of Order and Adopting Rosenberg’s Rules of Order
RECOMMENDATION
It is recommended that the City Council approve an ordinance amending Section
2.04.300 of Chapter 2.04 of the Delano Municipal Code to amend rules of order, to follow Rosenberg’s Rules of Order and provide second reading by title only and waive further reading.
DISCUSSION
In 2003, the League of California Cities published “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century,” written by Dave Rosenberg as an alternative to Roberts Rules of Order, published in 1876. Rosenberg’s Rules of Order is a simplified set of parliamentary rules widely used in California. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations, and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. In addition, the League of California Cities recommends use of Rosenberg’s Rules. A copy of the revised Rosenberg’s Rules of Order (2011) is included as Attachment B.
The Delano Municipal Code (DMC) specifies that the City Council shall use Roberts Rules of Order for matters of parliamentary procedure. The attached ordinance amendment would modify the DMC making Rosenberg’s Rules of Order the parliamentary procedure of the City Council.
ENVIRONMENTAL IMPACT
The proposed ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance 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 15308, because the proposed ordinance involves regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
Attachment A: Proposed Ordinance Amendment
Attachment B: Rosenberg’s Rules of Order
-1-
ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELANO, CALIFORNIA, AMENDING SECTION 2.04.300
OF CHAPTER 2.04 OF THE DELANO MUNICIPAL CODE
REGARDING CITY COUNCIL MEETING RULES OF
ORDER
The City Council of the City of Delano ordains as follows:
SECTION 1. Findings. The City Council of the City of Delano finds as follows:
A. The City Council of the City of Delano conducts its meetings in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.); and B. The City Council has previously adopted Roberts Rules of Order as a nonbinding guide to the conduct of meetings; and
C. The City Council desires to adopt Rosenberg’s Rules of Order as its parliamentary procedure, better suited for a local agency and recommended by the League of California Cities.
SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance 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 15308, because the proposed ordinance involves regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
SECTION 3. Amendment to Section 2.04.300 of Chapter 2.04. Section
2.04.300 of Chapter 2.04 (Rules of order) of the Delano Municipal Code is amended in its entirety to read as follows:
“Except as otherwise provided in this article the latest edition of Rosenberg’s Rules of Order shall govern the conduct of the meetings of the council.” 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 hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or -2-
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 is effective 30 days after its adoption.
SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.
ADOPTED this ____ day of May, 2023.
____________________________________
Joe L. Alindajao, Mayor
ATTEST:
____________________________
Diana Garcia, City Clerk
APPROVED AS TO FORM:
____________________________
Rachel H. Richman, City Attorney
I, Diana Garcia, City Clerk of the City of Delano, certify that Ordinance No. ______ was adopted by the City Council of the City of Delano at a regular meeting held on ___________, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Diana Garcia, City Clerk
Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”
2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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CITY OF DELANO
STAFF REPORT
May 1, 2023
Agenda Item: 13
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By:Danielle Monsibais, Interim Community Development Director SUBJECT: Tentative Tract Map (File No. TSM-2023-001) to subdivide approximately 230-acres into 666 single family residential lots and a reminder for future residential and commercial development.
_____________________________________________________________________________
RECOMMENDATION
Staff recommends the City Council take the following actions:
1. Conduct the Public Hearing
2. Adopt City Council Resolution approving Tentative Tract Map with findings and conditions of approval.
PROJECT INFORMATION
File No. TSM-2023-001
Applicant’s Representative San Joaquin Valley Homes
Location/Acres South of County Line Road, North of Cecil Avenue between Hiett Avenue and Ellington
Street
Zoning Designation Single-family Residential, Multifamily Residential and Neighborhood Commercial
Districts
General Plan Designation Low Density Residential, Medium Density Residential and Commercial
CEQA Exempt 15183
2 Surrounding Land Uses Zoning General Plan
NORTH Industrial and residential
development
Tulare County
jurisdiction and
Single-family
Residential
Tulare County
jurisdiction and Low
Density
EAST Commercial and residential
development
Industrial and Singlefamily ResidentialService Commercial and Low Density
SOUTH Residential development Single-family
Residential and
Special District
Low Density and
Commercial
WEST Irrigated agricultural land Single-family
Residential
Low Density
Project Location
The project is located South of County Line Road, North of Cecil Avenue between Hiett Avenue and Ellington Street (Assessor Parcel Numbers: 410-020-01, 520-010-25, 520-010-26, 520-010- 27 and 520-010-39). North of the project site is Tulare County which consists of industrial and agricultural development as well as residential development. To the East and South of the project site is commercial and residential development while to the West is currently agricultural development. Staff notes, to the west will eventually be developed as Tentative Tract Map No. 7485.
3 Project History
On December 5, 2016, the City Council approved Resolution No. 2016-80 allowed Combined Development Permit No. 2016-001 to amend the City’s General Plan Map and subsequent revised the Official Zoning Map for the project site to the current General Plan and Zoning.
Project Proposal
The applicant is requesting approval of Tentative Tract Map to allow the division of approximately 230-acres into 666 single family residential lots. Staff notes, the project will be a stage development. In addition, there is a reminder portion of the project site that is designated for future residential and commercial development.
The proposal includes several access points: County Line Road, Ellington Street, Lincoln Lane, Albany Street, Hiett Avenue. The design of the subdivision will also include two parks; one on the northern portion and one on the southern portion of the project site and a drainage basin.
The proposed subdivision is a continuation of the existing development pattern in the area, as envisioned by the General Plan.
Public Hearing Notice
A Notice of Public Hearing was mailed to all property owners within a 300-foot radius of the subject property 13 days prior to the public hearing and a Public Hearing Notice was published 11 days prior to the public hearing. In addition, Staff has notified the proper department and agencies for this project.
California Environmental Quality Act (CEQA)
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) §15183, Project Consistent with a Community Plan, General Plan or Zoning as the proposal is consistent with the General Plan and zoning that would accommodate the established density of development.
Subdivision Map Act Findings
To approve the Tentative Tract Map, the City Council is required by the Subdivision Map Act to make findings in accordance with the act (Government Code §66410 et seq.). The following findings are recommended for adoption by the City Council.
1. Finding: The proposed division of land is consistent with the objectives, policies, general plan land uses, and programs adopted with the City of Delano General Plan. (§66473.5) Evidence: The project site is South of County Line Road, North of Cecil Avenue between Hiett Avenue and Ellington Street. The project site is zoned Single-family Residential, Multifamily Residential and Neighborhood Commercial and development will be consistent with the development standards. In addition, the Tentative Tract Map will be consistent with the objectives and policies of the General Pan for residential and housing development. In addition, the proposed subdivision and conditions of approval are consistent with the residential development policies and goals of the General Plan.
4 2. Finding: The proposed division of land complies with requirements as to improvement and design.
Evidence: The site is essentially level, contains no trees and will meet the minimum requirements for subdivisions in the neighborhood. In addition, the Tentative Tract Map is conditioned with requirements to meet the City’s infrastructure design standard requirements for future residential development of the site.
3. Finding: The proposed division of land complies with requirements for flood water drainage control.
Evidence: The Tentative Tract Map will be developing an onsite drainage basin in order to retain the drainage. In addition, the site is not located in a designated Flood Zone as indicated on the FIRM (Flood Insurance Rate Map) map. Conditions of approval will require the subdivision to provide storm drainage infrastructure in accordance with adopted City development standards.
4. Finding: The proposed division of the property is consistent with the General Plan land use designation.
Evidence: The parcel supports the development of single-family residents as the proposal is consistent with the map code designation of Low Density Residential, Medium Density Residential and Commercial.
5. Finding: That the design or improvement of the proposed subdivision is consistent with applicable general or specific plans.
Evidence: The site is designated Low Density Residential, Medium Density Residential and Commercial. The proposed roadways within the project area are local roadways, as required by the general plan, and designed in accordance with adopted City standards. Associated infrastructure such as water, sewer, and drainage are also designed in accordance with City standards to service the proposed development.
6. Finding: The site is physically suitable for the development proposed.
Evidence: The Tentative Tract Map is consistent with the design and improvement of a singlefamily residential project. The site has a generally flat topography and does not contain any unique topographical features.
7. Finding: The site is physically suitable for the proposed density.
Evidence: The lots created by the subdivision have sufficient size, configuration, and access to satisfy the standard Single-family Residential (R-1) District zoning criteria applicable to the site and can physically support Low Density Residential uses promoted under the General Plan.
In addition, as noted in Finding 6, the site has a generally flat topography and does not contain any unique topographical features.
5 8. Finding: The design of the proposed division and improvements will not cause environmental damage or injure fish, wildlife, or their habitat.
Evidence: The project site does not have any physical features such as streams, riparian corridors or wildlife areas. In addition, the surrounding area includes irrigated agricultural land, commercial and residential development.
9. Finding: The design of the proposed division and improvements will not cause serious public health problems.
Evidence: Adequate measures have been applied with the Conditions of Approval to address potential concerns related to public health, including, but not limited to, provisions for water for domestic use and fire protection, extension of sanitary sewer facilities to ensure proper management of wastewater, installation of necessary storm drainage, construction of proper public streets and sidewalks, flood control measures, and provision for proper and orderly timing for construction of necessary improvements.
10. Finding: The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Evidence: Based on the design of the Tentative Tract Map, the type of improvements will not conflict with any easements acquired by the public for access.
11. Finding: The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities (Subdivision Map Act §66473.1) Evidence: The design of the project will meet the 2022 California Green Building Code which ensures that buildings will provide energy efficiency.
12. Finding: The City Council has considered the effects of the proposed subdivision on the housing needs of the region and that those needs are balanced against the needs for public services and the available fiscal and environmental resources (§66412.3).
Evidence: The Tentative Tract Map is consistent with the City’s Housing Element, Goal 2 – New Housing, Policy 2.1 New Construction.
13. Finding: Tentative Tract Map is a project subject to the provisions of the California Environmental Quality Act.
Evidence: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) §15183, Projects Consistent with a Community Plan, General Plan or Zoning. As noted, the project site is and will be developed as a Single-family Residential (R-1) District with a map code designation of Low Density Residential and will be developed as such which is consistent and the intent of the General Plan. 6 Budget Impact
Approval of the Tentative Tract Map would create jobs within the construction sector of the economy. The payment of development impact fees will offset the project’s impact on the City’s municipal facilities.
Attachments
Draft City Council Resolution
Exhibit 2 - Conditions of Approval
Site Plan
Draft Resolution
City Council
Resolution No. 2023-
May 1, 2023
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELANO APPROVING
TENTATIVE TRACT MAP
WHEREAS, On January 31, 2023, an application for a Tentative Tract Map was filed by 4Creeks, Inc. (the “Applicant’s Representative”) requesting a tentative subdivision map to create 666 single-family residential lots; and, WHEREAS, the proposed project is located on real property in the incorporated portion of the City of Delano more particularly described as Assessor’s Parcel Number 049-150-38; and,
WHEREAS, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to §15183, Projects Consistent with a Community Plan, General Plan or Zoning; and,
WHEREAS, on May 1, 2023, the City Council City of Delano held a duly noticed public hearing regarding the proposed subdivision and considered the project application and testimony and hereby adopts the following findings conditionally approving Tentative Tract Map as follows.
FINDINGS FOR TRACT Map “Vignolo”
WHEREAS, the subject property is designated Low Density Residential, Medium Density Residential and Commercial by the Land Use Element Map of the City of Delano General Plan, and is zoned Single-family Residential, Multifamily Residential and Neighborhood Commercial Districts. The use is permitted within the zone district pursuant to the provisions of the Zoning Ordinance and is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City with the adoption of appropriate project conditions; and
WHEREAS, the proposed use would not impair the integrity and character of the zone district in which it is to be established or located and it is noted that the parcel is surrounded by a mix of residential development, agricultural land and undeveloped commercial land; and
WHEREAS, the City Council makes the following findings pursuant to Government Code §66411 et seq.
City Council
Resolution No. 2023-__
March 20, 2023
Finding: The proposed division of land is consistent with the objectives, policies, general plan land uses, and programs adopted with the City of Delano General Plan. (§66473.5)
Evidence: The project site is South of County Line Road, North of Cecil Avenue between Hiett Avenue and Ellington Street. The project site is zoned Single-family Residential, Multifamily Residential and Neighborhood Commercial and development will be consistent with the development standards. In addition, the Tentative Tract Map will be consistent with the objectives and policies of the General Pan for residential and housing development. In addition, the proposed subdivision and conditions of approval are consistent with the residential development policies and goals of the General Plan.
Finding: The proposed division of land complies with requirements as to improvement and design.
Evidence: The site is essentially level, contains no trees and will meet the minimum requirements for subdivisions in the neighborhood. In addition, the Tentative Tract Map is conditioned with requirements to meet the City’s infrastructure design standard requirements for future residential development of the site.
Finding: The proposed division of land complies with requirements for flood water drainage control.
Evidence: The Tentative Tract Map will be developing an onsite drainage basin in order to retain the drainage. In addition, the site is not located in a designated Flood Zone as indicated on the FIRM (Flood Insurance Rate Map) map. Conditions of approval will require the subdivision to provide storm drainage infrastructure in accordance with adopted City development standards.
Finding: The proposed division of the property is consistent with the General Plan land use designation.
Evidence: The parcel supports the development of single-family residents as the proposal is consistent with the map code designation of Low Density Residential, Medium Density Residential and Commercial.
Finding: That the design or improvement of the proposed subdivision is consistent with applicable general or specific plans.
Evidence: The site is designated Low Density Residential, Medium Density Residential and Commercial. The proposed roadways within the project area are local roadways, as required by the general plan, and designed in accordance with adopted City standards. Associated infrastructure such as water, sewer, and drainage are also designed in accordance with City standards to service the proposed development.
City Council
Resolution No. 2023-__
March 20, 2023
Finding: The site is physically suitable for the development proposed.
Evidence: The Tentative Tract Map is consistent with the design and improvement of a single-family residential project. The site has a generally flat topography and does not contain any unique topographical features.
Finding: The site is physically suitable for the proposed density.
Evidence: The lots created by the subdivision have sufficient size, configuration, and access to satisfy the standard Single-family Residential (R-1) District zoning criteria applicable to the site and can physically support Low Density Residential uses promoted under the General Plan. In addition, as noted in Finding 6, the site has a generally flat topography and does not contain any unique topographical features.
Finding: The design of the proposed division and improvements will not cause environmental damage or injure fish, wildlife, or their habitat.
Evidence: The project site does not have any physical features such as streams, riparian corridors or wildlife areas. In addition, the surrounding area includes irrigated agricultural land, commercial and residential development.
Finding: The design of the proposed division and improvements will not cause serious public health problems.
Evidence: Adequate measures have been applied with the Conditions of Approval to address potential concerns related to public health, including, but not limited to, provisions for water for domestic use and fire protection, extension of sanitary sewer facilities to ensure proper management of wastewater, installation of necessary storm drainage, construction of proper public streets and sidewalks, flood control measures, and provision for proper and orderly timing for construction of necessary improvements.
Finding: The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Evidence: Based on the design of the Tentative Tract Map, the type of improvements will not conflict with any easements acquired by the public for access.
Finding: The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities (Subdivision Map Act §66473.1)
City Council
Resolution No. 2023-__
March 20, 2023
Evidence: The design of the project will meet the 2022 California Green Building Code which ensures that buildings will provide energy efficiency.
Finding: The City Council has considered the effects of the proposed subdivision on the housing needs of the region and that those needs are balanced against the needs for public services and the available fiscal and environmental resources (§66412.3).
Evidence: The Tentative Tract Map is consistent with the City’s Housing Element, Goal 2 – New Housing, Policy 2.1 New Construction.
Finding: Tentative Tract Map is a project subject to the provisions of the California Environmental Quality Act.
Evidence: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) §15183, Projects Consistent with a Community Plan, General Plan or Zoning. As noted, the project site is and will be developed as a Single-family Residential (R-1) District with a map code designation of Low Density Residential and will be developed as such which is consistent and the intent of the General Plan.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
The foregoing recitals are true and correct; and
THAT THE CITY COUNCIL hereby finds that a full and fair public hearing has been held on the requested entitlement and the City Council has considered all public comments received thereon, both written and oral; and
THAT THE CITY COUNCIL hereby approves Tentative Tract Map based on the findings enumerated hereinabove, and subject to the conditions of approval as found in Exhibit 2
The forgoing Resolution of the City of Delano City Council was passed and adopted on the 1
st day of May 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: _________________________
Diana Garcia, City Clerk
APPROVED: _________________________
Joe L. Alindajao, Mayor
Exhibit A
Conditions of Approval
1 Conditions of Approval
TRACT Vignolo
TENTATIVE TRACT MAP “VIGNOLO”
CONDITIONS OF APPROVAL
EXHIBIT 1
1. Sign the “Acceptance of Conditions” This Tentative Tract Map approval shall not become effective for any purpose unless and until an “Acceptance of Conditions” form or the approval notice has been signed by the property owner and the applicant. The signed conditions of approval shall be returned to the Community Development Department.The conditions of approval shall run with the land in the event of its future sale or transfer of ownership.
2. Additional Fees Within five working days after project approval, the applicant shall pay the mandatory Notice of Determination (NOD) filing fee of $50.00 along with the mandatory State Department of Fish and Wildlife CEQA review fee as amended or adjusted from time to time. (F&G code §713) for Kern County Clerk NOD processing. The check will be made to Kern County Recorder. If the required filing fee is not paid for the project, the project approval will not be operative, vested, or final and any local permits issued for the project will be invalid (§711.4 (c) (3) of the Fish and Game Code.) NOTE: If the fee is not paid within five days after approval of the project, it will extend the time frame for CEQA legal challenges.
3. City to be held harmless The applicant(s)/subdivider(s)/developer(s) (hereinafter referred-to as "Developer"), at their sole cost and expense, shall defend, indemnify and hold harmless the City of Delano (hereinafter referred to as "City"), its agents, legislative body, officers and employeesin any legal or administrative action, claim or proceeding concerning approval of Tentative Tract Map (hereinafter referred to as "TRACT Vignolo") or, at its election and in the alternative, shall relinquish such approval. Developershall assume the defense of the City in any such legal or administrative action, claim, or proceeding with legal counsel paid forin the entirety by Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative body, officers, and employees for any judgments, amounts paid in settlements, court costs, and attorneys' fees which the City, its agents, legislative body, officers and employees may be required to pay at court because of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim, or proceeding, but such participation shall not relieve Developer of their obligations under this condition.
4. Property sale disclosure The following disclosure-shall be given as part of transfer of properties: "If your real property is near property used for agricultural operations, youmay be subject to inconveniences or discomforts arising from such operations on any 24-hour basis.
Conditions of Approval
TRACT Vignolo
2 Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke: The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws.” Further Developer, or his successor, shall inform prospective homebuyers of the possible exposure to agricultural chemicals that may be used on adjacent agricultural lands.
5. Business License required The developer, or the general contractor shall submit a list of all contractors and/or subcontractors performing work on TRACT Vignolo to the City Finance Department and such contractors and subcontractors shall obtain valid business licenses to do business and/or work in the City.
6. Property Maintenance Until all portions of TRACT Vignolo have been completed, all vacant and undeveloped land within the boundaries of TRACT Vignolo shall be maintained in a weedfree, clean and orderlymanner byDeveloper.Should said propertynotbe somaintained,the City shall notify the property owner that the property is to be cleaned within thirty days of receipt of said notice.
7. Map Expiration TRACT Vignolo shall expire twenty-four monthsfrom the date of approval by the City Council, unless an extension is granted by the City Council. Should an extension be requested, the applicant, not lessthan sixty days prior to the expiration date, shallsubmit to the City in writing, a request for an extension of that approval in accordance with the provisions of City Codes.
8. Other Codes and Regulations The developer shall comply with the latest Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits. The developer shall also comply with all requirements of federal, state, and local special districts and all affected public agencies in effect at the time of tentative map approval.
9. Covenants, Conditions, and Restrictions The developer shall submit a copy of any proposed Covenants, Conditions, and Restrictions (CC&R's) to the City's Community Development Director prior to recordation of the Final Map. If the Community Development Director determines that said CC&R's result in any inconsistency with City Ordinances the City General Plan, or City development standards, said CC&R's shall be amended to eliminate any Conditions of Approval
TRACT Vignolo
3 such inconsistency. Once the CC&R's are accepted by the City, none of the portions thereof shall be amended, modified, or changed without first obtaining the written consent of the City.
10. Subsequent Development of the Site Any additional buildings, new uses, intensity of use, building expansions, or site development shall be subject to review by the Community Development Department and possible amendments to the Conditional Use Permit in accordance with Title 20 - Zoning - Chapter 20.2 Permits and Approvals of the Delano Municipal Code, along with appropriate environmental review in compliance with the California Environmental Quality Act(CEQA).
11. Residential Subdivision Land Use Design Criteria
a. Housing within new residential subdivisions should, where possible, be situated with recognizable variations in front and side yard building setbacks. b. Residential developments should, where possible, maximize a feeling of openness by orienting road axes to open space areas and areas of visual interest. c. The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of rooflines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake, or an architectural style composition shingle with dimensional variations. All other proposed roofing materials shall be subject to review and approval by the City Building Official. d. To reduce architectural massing at street corners and to create congruity where a twostory structure is next to a one-story structure, the incorporation of a one-story element into the two-story structure shall be required when feasible. e. The minimum size for construction of a new house in the City shall be one thousand one hundred square feet.
f. Architectural styles and themes should be compatible with the surrounding environment. However, to ensure individuality among projects, each development shall vary its architectural design to avoid monotony and create interest, while remaining compatible with surrounding development.
g. If custom homes are not proposed, the developer shall provide a minimum of five (5) floor plans and three (3) building elevations for each proposed floor plan. The required number of building elevations may be reduced by one for every two building footprints added to the required minimum number. Elevations, for the purpose of meeting this requirement, shall mean the treatment of materials, trim, roofs, or other architectural features which are considerably different than the elevations of any other house in the same subdivision as seen from the street upon which it faces. No two (2) identical elevations shall be placed side by side within a subdivision.
Conditions of Approval
TRACT Vignolo
4 h. Color. The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this Chapter.
i. The use of bright or garish colors (i.e., fluorescent "hot" or "day-glow" colors)shall not be permitted.
j. Using building materials in their natural state, such as brick or stone, is strongly recommended.
k. The use of colors to express individuality and identity within a cohesive and attractive framework is encouraged. Such colors should be in harmony with other colors used in the immediate area.
l. Landscaping of Model Homes Notwithstanding the provisions of Section 20.10.390, and asto this Section only, any new single-familyproject or development:
1. Consisting of eight or more lots;
2. In which one or more model homes are built; and
3. Which landscapes said model home(s), shall provide the following:
i. All landscaped model home shall comply with the requirements of this Chapter; and
ii. A four-square foot sign shall be placed in the front yard of each said model home that contains such water efficient landscaping, such that it is clearly visible to pedestrian and vehicular traffic. Said sign shall state that the model features a water saving landscape and irrigation system;and iii. Within said models, there shall be located a drawing, or combination of drawings, providing a schematic and description of the landscaping and irrigation system, including a key identifying the common names of all plantings which are part of said landscaping.
12. Screening Requirements Prior to occupancy approval for residential units within the tract map or applicable phase thereof, developer shall construct the following: A six-foot exterior masonry walls, or a combination of masonry and other compatible material with split block faces, columns, or other design features to provide visual relief along the wall face, shall be constructed the subdivision tract boundaries along County Line Road, Ellington Street, Lincoln Lane, Albany Street, Cecil Avenue, Hiett Avenue. Said wall(s)shall meet the City’s specifications and subdivision standards.
13. All Landscaping to comply with MWELO A landscaping and irrigation plan prepared by a licensed landscape architect shall be submitted to the City for approval by the Community Development Department. All landscaping plans shall comply with the requirements of Chapter 20.10.390 of (Water Efficient Landscape Requirements) the Delano Municipal Code Conditions of Approval
TRACT Vignolo
5 and the State Model Water Efficiency Landscape Ordinance (MWELO). Species, sizes, and number of proposed tree and shrub species shall be shown, labeled on the required plans, and consistent with the City’s Adopted Plant List. The required plans shall show irrigation facilities, automatic controller locations, and points of connection as required by local and state laws. Lawn (turfed) areas and walkways shall be shown.
14. Front Yard Landscaping The developershall provide landscaping and an irrigation system for each lot of a residential subdivision prior to receiving a final inspection for any house constructed in that subdivision, as follows: landscaping and an irrigation system for both the front yard and the street side yard, provided the street side yard is not obscured from sight from an adjacent street by fencing, of each lot shall be provided. Said landscaping shall consist of the following: (1) no less than one tree from the approved City Plant List with a minimum listed canopy width of fifteen (15) foot tree canopy; (2) ten percent of said yard area shall consist of a landscaped planter; and (3) the remaining portion of said yard area not occupied by a driveway, shall be improved with sod including one, six- station clock and two, one-inch valves. All plant materials shall be selected from the City approved plant list. The applicant shall provide two variations of landscaping plansfor each model and shall not place the same landscaping configuration on two adjacent properties.
15. Landscaping Certification Prior to occupancy of each residential unit, Developer shall provide certification from a licensed landscape architect or other qualified professional that the landscaping has been installed according to the approved landscaping plans.
16. Side Yard Wall/Fence Requirement Properties with side yards abutting the public right of way may have wood fencing and include enhanced landscaping selected from the City Plant List in order to screen the fencing material from the street. The plantsshall be a minimum of three feet in height and three feet wide when planted, as listed within the City Plant List.
17. Maintenance of Landscaping All landscaping and structural features that are required pursuant to this Chapter shall be maintained in a healthy and attractive condition. Maintenance shall include but is not limited to watering, fertilizing, weeding, cleaning, pruning, trimming, spraying, and cultivating. For purposes of enforcement, the owner and the occupant of the property shall be responsible for such maintenance. In the case of avacant building, the owner shall be responsible for such maintenance.
18. Street Names: Street names shown on the final map are subject approval of the Community Development Director after consultation with the subdivider or subdivider’s representative, subject to approval of the City Council via the final map approval. The words "Avenue," Conditions of Approval
TRACT Vignolo
6 "Boulevard," "Drive," "Place," "Way," "Street," "Road" or other designation of any such street or way shall be spelled out in full. The purpose of approving street names is to avoid street naming conflicts or duplication of existing streets in the city.
City of Delano Public Works Department/Engineering:
19. All development impact fees due shall be paid prior to issuance of each building permit, in accordance with the City of Delano Development Impact Schedule effective at that time.
20. An engineering plan-check fee of 3% of the engineer’s estimate of the public improvements and grading plan shall be paid at time of plan submittal.
21. An Engineering Inspection fee of 3% of the engineer’s estimate of the public improvements, on-site and off-site, shall be paid prior to commencement of work. All required material testing costs shall be borne by the developer.
22. The Grading Permit Fee is set by the building code based on the cut/fill volumes and shall be paid prior to commencement of work. All building finish floor elevations shall be a minimum of one foot above the highest adjacent curb.
23. Prior to final map recordation, the Developer shall have on and off-site improvement plans prepared by a Registered Civil Engineer for street, sewer, drainage, water, and grading in accordance with City of Delano and State of California standards, policies, and to the satisfaction of the City Engineer. The Engineer of record shall also prepare an Engineer’s estimate of the cost of the improvements for use in the bonding requirements and other fee calculations.
24. Prior to issuance of a Certificate of Occupancy for any building within each phase, the Developer shall install all public improvements required for that phase.
25. The Developer shall install ADA Compliant driveway approaches, ADA compliant sidewalks, and ADA compliant wheelchair ramps at all intersections within and bordering the Tract Map, to the satisfaction of the City Engineer. The Developer has the option of using a roll curb, the details of which are available from the Engineering Department.
26. Dry Utilities: Prior to issuance of any Certificates of Occupancy within each phase of the Tract Map, the Developer shall install streetlights with an LED fixture on a concrete pole with underground wiring in all public streets included or bordering the Tract Map, such as Borel Street and W. 19th Avenue. All dry utilities serving the buildings within the subdivision shall Conditions of Approval
TRACT Vignolo
7 be undergrounded. The existing overhead utilities on Hiett Avenue, Cecil Avenue, and Albany Street, shall be undergrounded along the subdivision frontage prior to issuance of any certificates of occupancy for units west of Albany Street, to include only distribution power lines as designated by Southern California Edison. The Developer shall provide evidence satisfactory to the City Engineer that the utility companies serving the area will provide service to lots within the Tract, including cable TV service. Commitments shall include evidence that arrangements are underway for the undergrounding of facilities where applicable.
27. Sanitary Sewer Improvements: The Developer shall design and install a sewer system serving each lot in the subdivision. The Plans for the system shall be prepared by a Registered Civil Engineer and comply with City and State standards. Said plans shall be a condition of Final Map approval. No sanitary sewer lift stations are allowed. There’s are trunk lines on Albany Street and Hiett Avenue, the actual tie-in location shall be approved by the City Engineer.
Homes fronting Lincoln Lane will connect to the eight-inch sewer on Lincoln Lane.
28. Water: The Developer shall have plans prepared for the water system to serve all the lots within the Tract boundary by a Civil Engineer registered in the State of California. The water system shall meet all City of Delano and State of California standards. The Developer shall provide landscape meters for the Community Facilities District. All main water lines shall be a minimum eight-inch diameter and shall be looped to the satisfaction of the City Engineer. The Developer shall install a 12-inch water main on Hiett Avenue along the subdivision frontage connecting to an existing line on the northern boundary of the subdivision to an existing line on Cecil Avenue, and a 12-inch water main on 20th Avenue along the subdivision frontage from Hiett Avenue to Borel Street, prior to issuance of any Certificates of Occupancy for units west of Albany Street. The oversize cost (above 8-inch) for the 12-inch lines listed above shall be reimbursed with water impact fees as building permits are pulled.
29. Water Treatment and Supply: At present, there is sufficient potable water supply to serve this proposed subdivision, but to provide more supply resiliency, the Developer shall install a twelve-inch water line on County Line Road from Hiett Avenue to Albany Street connecting to existing lines on each end. The full cost for the 12-inch line listed above shall be reimbursed with water impact fees after building permits are pulled on 500 units within the subdivision, additional lots shall receive credits up to the amount owed or the last permit is pulled, whichever comes first.
30. Storm Drainage: The Developer shall have a Registered Civil Engineer design and prepare plans for the storm drainage system in accordance with the City of Delano Subdivision Standards and to the satisfaction of the City Engineer. The Developer shall provide a drainage study prepared by a registered engineer in the State of California showing the adequacy of the in-tract drainage system to be reviewed and approved by the City Engineer. The existing Storm Drain Sump Conditions of Approval
TRACT Vignolo
8 north of Albany Park shall be expanded to accommodate this development as proposed. A 12- inch force main and shall be installed to drain the existing Storm Drain Sump at Albany Park to Cecil Ditch via the 20th and Hiett Avenue alignments, prior to issuance of any Certificates of Occupancy for units west of Albany Street. The City will connect it’s portable pumps to said force main. The open section of Cecil Ditch shall be piped, maintaining the existing conveyance capacity, but with a minimum 60-inch pipe, in conjunction with the Cecil Avenue widening work. The 12-inch force main work and the Cecil Ditch pipe project listed shall be credited with Storm Drain Impact Fees at time of building permit issuance for subdivision units located west of Albany, up to the fee amounts due.
31. Irrigation District: The Developer shall coordinate with Southern San Joaquin Municipal Utility District to relocate or abandon any of their affected facilities within the subdivision.
32. Wastewater Collection and Treatment: At present, the City of Delano wastewater treatment plant (WWTP) has sufficient capacity to serve the proposed tract and enough collection system capacity to convey the sewer flows to the WWTP via the Hiett Avenue and Albany Street trunklines.
33. All sewer, water, and storm drainage related improvements and facilities associated with the development shall meet the requirements of the City of Delano, the California Department of Health Services, and the California Regional Water Quality Control Board, Central Valley Region.
34. The Developer shall dedicate a seven (7) feet wide landscaping easement along the streets with block walls, such as Hiett Avenue, County Line Road, Cecil Avenue, Ellington Street, 20th Avenue, W. 19th Avenue, Borel Street, and Albany Street. behind the street right of way limit.
The Developer shall dedicate a 5 feet Public Utility Service Easement along the frontage of all interior lots in the subdivision. The Developer shall also place on the title page of the Final Tract Map a statement that forever prohibits direct access to the same streets across the Landscaping Easement. On all lots with double frontage there shall be an agreement that access shall be from the Frontage of the lot and never from the back of the lot.
35. Community Facilities District for Open Space: The Developer shall agree to and cause the formation or the annexation of and shall cooperate with any and all actions towards the establishment of a Community Facilities District (under the Mello-Roos Community Facility Act of 1982) as determined by the City Engineer, prior to issuance of certificates of occupancy for each phase. Said District shall include provision for a Cost-of-Living Adjustment. Such District shall be responsible for maintenance of all exterior common landscape areas within the public right-of-way, any medians included in the development, internal street lighting within Conditions of Approval
TRACT Vignolo
9 the public right-of-way, and maintenance of its storm drain sump and parks. The Developer shall be required to maintain all landscaping, including the replacement of any trees or shrubs that do not survive within public right-of-way and landscape easements for a period of one year after final inspection of the landscape improvements. The district will take over maintenance on July 1st after the one-year maintenance period. The Developer shall pay for the street light energy until the district assumes responsibility. The Developer shall be fully responsible for the formation of said District including, but not limited to, preparation of all reports and documents as needed for City Council approval and filing of assessment district with the Kern County offices. Preparation of said reports and documents for formation of the district must be in accordance with applicable law and shall be submitted to the City Engineer, prior to issuance of any building permits. The Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the streetlights until such time as the maintenance is assumed by the City of Delano.
36. Prior to issuance of a Certificate of Occupancy, the Developer shall provide for all facilities required by fire, police and utilities for continuous service of the Tract Map which shall include, but are not limited to, right-of-way dedications for vehicle turnaround areas, turnaround area full pavement section, manholes, cleanouts, blow-offs, fire hydrants, valves, drainage structures, street lighting, and any other improvement needed to provide such services. Required facilities shall be approved by the City Engineer and shown on the approved improvement plans.
37. All improvements require approval by the City Engineer and are to be designed and constructed in accordance with the Subdivision Map Act, the City Subdivision Standards, and all other applicable ordinances, codes, standards, and regulations of the City, County, State, and City of Delano Subdivision Development Standards, which may be modified by the City Engineer and/or the City Council. Approval of the tentative map shall not be construed as relief from any portion of the engineering requirements listed unless expressly designated and approved by the City Engineer. The City and the Developer acknowledge that:
a. The Subdivision Map Act provides time limits for improvement plan and Tract Map review;
b. City review policy of improvement plans provides that submitted improvement plans and maps from all developments shall generally be reviewed in the order received by the City Engineer;
Conditions of Approval
TRACT Vignolo
10 c. City and Developer may agree to expedite review of said Tract Map subject to the availability of City staff and/or consultants. If Developer requests an expedited review, Developer shall bear all additional costs of review including staff overtime and consultant costs.
d. The cost of review and inspection by the City Engineering Department, including staff time, consultant costs, and related incidentals shall be borne by the developer. e. Approval of the Final Map shall not be construed as relieving the Developer of Tentative Map Conditions unless waived in writing by the City.
38. The following external street right of way dedications and street improvements, including block walls and landscape lots, are required before issuance of any Certificates of Occupancy within each phase approved by this Tentative Tract Map:
a. Hiett Avenue: The Developer shall dedicate enough right of way along the subdivision frontage to accommodate a 90 foot wide full street with a northbound right turn lane approaching the intersection with 20th Avenue (Refer to City of Delano Subdivision Standard ST0), plus the seven (7) foot landscape lot, and shall improve half of said street along the subdivision frontage as required for each phase. b. County Line Road: The Developer shall dedicate enough right of way to accommodate a 110 foot wide full street with a right turn lane approaching the intersection with the Tract entrance, plus the seven (7) foot landscape lot, and shall improve half of said street along the subdivision frontage plus 14 foot of the Tulare County side of County Line Road between the eastern and western boundaries of the subdivision (Refer to City of Delano Subdivision Standard ST0). The Tulare County paving costs shall be reimbursed by the Local portion of the Circulation Impact Fees as permits are issued. c. Albany Street: The Developer shall dedicate enough right of way to accommodate a 90 foot wide full street with right turn lanes approaching the intersections with County Line Road and Calle Felix, plus the seven (7) foot landscape lots, and shall improve half of the street width between County Line Road and Cecil Avenue along each phase frontage (Refer to City of Delano Subdivision Standard ST0). d. Cecil Avenue: The Developer shall dedicate enough right of way to accommodate a 110 foot wide full street plus the seven (7) foot landscape lot and shall improve the north half of street between the eastern and western boundaries of the subdivision (Refer to City of Delano Subdivision Standard ST0).
Conditions of Approval
TRACT Vignolo
11 e. Lincoln Lane: The Developer shall dedicate enough right of way to accommodate a 50 foot wide full street and shall improve half of the street along the subdivision frontage (Refer to City of Delano Subdivision Standard ST0). f. Ellington Street: The Developer shall dedicate enough right of way to accommodate a 40 foot wide half street, plus the seven (7) foot landscape lot, and shall improve half of the street along the subdivision frontage (Refer to City of Delano Subdivision Standard ST0).
g. 20th Avenue: The Developer shall dedicate enough right of way to accommodate a 80 foot wide full street with a right turn lane into the subdivision, plus the seven (7) foot landscape lot, and shall improve full or half width as applicable along the subdivision frontage (Refer to City of Delano Subdivision Standard ST0) as required for each phase.
h. Borel Street: The Developer shall dedicate enough right of way to accommodate a 60 foot wide full street, plus the seven (7) foot landscape lot, and shall improve half of the street along the subdivision frontage (Refer to City of Delano Subdivision Standard ST0) as required for each phase.
i. West 19th Avenue: The Developer shall dedicate enough right of way to accommodate a 60 foot wide full street, plus the seven (7) foot landscape lot, and shall improve half of the street along the subdivision frontage (Refer to City of Delano Subdivision Standard ST0) as required for each phase.
39. The Developer shall install or modify the following traffic signals:
a. A full traffic signal at the intersection of County Line Road and Albany Street, as part of the improvements to both roads, the cost of which shall be credited through the local portion of the Circulation Impact Fees at time of building permit issuance. b. A full traffic signal at the intersection of 20th Avenue and Albany Street, as part of the improvements to 20th Avenue, the cost of which shall be credited through the local portion of the Circulation Impact Fees at time of building permit issuance. c. Modification to the existing traffic signal at Hiett Avenue and Cecil Avenue to accommodate the widened street and the piped Cecil Ditch, the cost of which shall be Conditions of Approval
TRACT Vignolo
12 credited through the local portion of the Circulation Impact Fees at time of building permit issuance.
40. All improvements shall be constructed to size and specification as required by the City of Delano's ordinances, policies, and standards. The Developer shall use good engineering judgment to design improvements not addressed in said ordinances, policies, and standards.
41. A copy of a current Preliminary Title Report (issued within the previous 30 days) shall be submitted to the City's Community Development Department by the Developer prior to approval of the Final Map.
42. Prior to issuance of the first certificate of occupancy within the Tract Map, the Developer shall submit written evidence of having complied with all Fire Department requirements to the Building Official.
43. If excavation or grading activities within the Tract should uncover a previously unrecorded oil, gas, or injection well, the Developer shall notify the Bakersfield district office of the State Division of Oil, Gas and Geothermal Resources to ascertain any necessary remedial and/or abandonment requirements.
44. Prior to recordation of the Final Map, the Developer shall provide security or bonding for the public improvements and shall enter into a subdivision agreement for City Council approval.
San Joaquin Valley Air Pollution Control District
45. Developer shall comply regulations established by the San Joaquin Valley Air Pollution Control District.
Kern County Fire Department:
46. Applicant shall comply with all requirements of the Kern CountyFire Department and submit documentation to the Community Development Department all requirements have been met.
47. All residences will require fire sprinklers.
48. A separate utility plan review is required from Kern County Fire Department for approval of proposed fire hydrant locations.
49. A flow test from Kern County Fire Department of the most remote fire hydrant in the tract Conditions of Approval
TRACT Vignolo
13 must be performed prior to final approval and recording of the map.
Conditions of Approval
TRACT Vignolo
14 PLEASE SIGN AND DATE PROJECT CONDITION ACKNOWLEDGEMENT BELOW,
MAKE A COPY FOR YOUR RECORDS, AND RETURN ORIGINAL TO THE
COMMUNITY DEVELOPMENT DEPARTMENT PRIOR TO COMMENCING WORK
ON THE SITE
Acceptance of Conditions(This acknowledgement requiresthe signature of the applicant and the property owner)
I have read the above and agree to the conditions as set forth herein. I understand the full nature of the conditions and agree to abide by them.
Owner’s Signature:
Printed Name:
Date:
Applicant Signature:
Printed Name:
Date: ______________________________________________________________________
PLEASE SIGN AND DATE IN THE ABOVE SPACES, MAKE A COPY FOR YOUR
RECORDS
Site Plan
CITY OF DELANO
STAFF REPORT
May 1, 2023
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Zamora, Transportation Manager
SUBJECT: Public Hearing To Obtain Public Comments For The Transit Proposed Projects For Fiscal Year 2023/2024 and Fiscal Year 2024/2025
Each year DART is required to hold a Public Hearing to provide an opportunity for the public to ask staff questions and to learn about the proposed City of Delano’s Rapid Transit Program of Projects. If no requests or input is received, the public hearing will be closed and the Program of Projects will be considered final.
Discussion
On June 1, 2015, City Council of the City of Delano adopted a Program of Projects Procedure that met the requirements to receive grant funding under Section 5307. Part of the procedure is to hold a public hearing and obtain any written or oral comments on the proposed Program of Projects.
City of Delano Transit has published the public hearing in the newspaper and has posted the notices on all the Transit Buses, City Hall and the Transit station. At this time, the City of Delano Transit is requesting Federal Financial assistance for FY 23/24 & 24/25.
For FY 23/24 the amount requested is $2,312,820 for Operating assistance and FY 24/25 the amount requested is $2,525,136 for Operating assistance.
Budget Impact
None
Attachment(s)
Public Hearing Notices
CITY OF DELANO TRANSIT
Notice of Public Hearing
Program of Projects
Re: Fiscal Year 23/24 & 24/25
Federal Financial Assistance
Notice is hereby given that City of Delano – Delano
Area Rapid Transit (DART) City Council will hold a
public hearing on Monday, May 1, 2023 at 5:30 p.m.
at City Council Chambers at City Hall 1015 11th
Avenue, Delano California.
Projects listed below will be considered final.
Program of Projects
Grantee: City of Delano Area Rapid Transit (DART)
PO Box 3010
Delano, CA 93215
The public participation efforts for the 2023 FTIP are
also used to satisfy the Federal Transit
Administration (FTA) Urbanized Area Formula
Program, Section 5307 program of projects (POP).
Any and all public responses shall be forwarded to
Viviana Alapisco, Transportation Manager, PO Box
3010, Delano, CA 93216, or email
[email protected]. DART encourages
participation by Disadvantaged Business
Enterprises, however your business must be certified
and listed in the California Uniform Certification
Program. If you are interested in certification please
call our office at 661-721-3333.
CITY OF DELANO TRANSIT
Noticia de Audencia Publica
Programa de Proyectos
Re: Año Fiscal 23/24 & 24/25
Asistencia Financiera Federal
Se notifica que el Concilio de la Ciudad de Delano –
Delano Area Rapid Transit (DART) tendrá la
audencia pública el Lunes 1 de Mayo, 2023 a las 5:30
pm en la City Council Chambers en City Hall 1015
11th Avenue, Delano California.
Los proyectos asi abajos se consideran definitivos.
Programa de Proyectos
Benficiario: City of Delano Area Rapid Transit
(DART) PO Box 3010, Delano, CA 93215
Los esfuerzos de participación pública para el FTIP
2023 también se utilizan para satisfacer el Programa
de Fórmula de Área Urbanizada de la
Administración Federal de Tránsito (FTA), Sección
5307 del programa de proyectos (POP).
Todas y cada una de las respuestas públicas se
enviarán a Viviana Alapisco, Transportation
Manager, PO Box 3010, Delano, CA 93216, o al
correo electrónico [email protected].
DART fomenta la participación de Empresas
Comerciales en Desventaja; sin embargo, su empresa
debe estar certificada y estar incluida en el Programa
de Certificación Uniforme de California. Si esta
interesado en la certifiación, llame a nuestra oficiana al 661-721-3333.
Project Description Fiscal
Year
Budget
Estimate
FTA 5307
Funding
5339
Funding
TDA
Funds
Toll
Credits
Operating Assistance
23/24 $2,312,820 $1,156,410
5307
$1,156,410
Operating Assistance
24/25 $2,525,136 $1,262,568 $1,262,568