Minutes — Dinuba City Council, April 12, 2022

April 12, 2022

MINUTES
COUNCIL MEMBERS PRESENT:

Nerio-Guerrero, Longoria, Launer, Reynosa
COUNCIL MEMBERS ABSENT:

Thusu
STAFF MEMBERS PRESENT:

Alaniz, Hernandez, Hurtado, Iriarte, James, Montejano, Popovich, Solis, Webster, Yanez

1. OPENING CEREMONIES

1.1. Welcome and Call to Order
Mayor Launer called the meeting to order at 6:33 p.m.

1.2. Invocation
The invocation was led by Chaplain Garcia.

1.3. Pledge of Allegiance
The pledge of allegiance was led by Vice Mayor Reynosa.

2. AGENDA CHANGES OR DELETIONS
To better accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code section 54954.2(b).

None.

3. PRESENTATIONS/CEREMONIAL MATTERS

3.1. Introduction of the Cinco De Mayo Pageant Contestants (MA) The Cinco de Mayo contestants were introduced by Aniceta Valdez, a member of the Cinco de Mayo Committee. The seven contestants introduced themselves and their families. The contestants each shared the activities in which they are involved in and spoke about what has lead them to participate in the pageant.

The 2021 Cinco de Mayo Queen introduced herself and expressed her gratitude and positive experience while being the 2021 Cinco de Mayo Queen.

Council thanked the Cinco de Mayo Committee and expressed words of encouragement to the contestants. Council gave well wishes and congratulated the group. Mayor Launer presented each contestant with a City of Dinuba pin.

4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for any person who would like to address the Council on any item that is not on the agenda. Please be advised that State law does not allow the City Council to discuss or take any action on any issue not on the agenda. The City Council may direct staff to follow up on such item(s). Speakers are limited to three (3) minutes. If there is any person wishing to address the City Council at this time please approach the podium and state your name and nature of the request.

None.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

5.1. SUBJECT
Authorization to Execute Professional Services Agreement with Adams Ashby Group for CDBG Grant Administration Services (IH) a

RECOMMENDATION
Council authorize the City Manager or the Public Works Director to execute a five (5) year professional services agreement with the Adams Ashby Group for Community Development Block Grant (CDBG) projects administration.

5.2. SUBJECT
Resolution No. 2022-19 and Resolution No. 2022-21, Authorization to Participate in the Kings Water Alliance Management Zone and Approval of FY 2021/22 Budget Amendment (IH)
a

RECOMMENDATION
Council by one motion take the following action:

1. Adopt Resolution Number 2022-19 approving the City's participation in the Kings Water Alliance Management Zone to comply with new nitrate regulations; and

2. Adopt Resolution Number 2022-21 approving a budget amendment for FY 2021/22 to fund the participation fee necessary to join the Kings Water Alliance Management Zone.

5.3. SUBJECT
Approval of City Council Meeting Minutes (MA)
a

RECOMMENDATION
Council to review and approve City Council meeting minutes of March 22, 2022 as presented.

5.4. SUBJECT
Resolution 2022-20 Approving a Certificate of Cancellation of Williamson Act Contract No. 12919 (DY)
a

RECOMMENDATION
Staff recommends that the City Council approve a final Certificate of Cancellation of Williamson Act Contract No. 12919. Landowners, MBN HOMES, LLC, petitioned the City of Dinuba for Cancellation of said contract and have now satisfied the conditions set forth in the Certificate of Tentative Cancellation.

5.5. SUBJECT
Dinuba Chamber of Commerce Silver Level Sponsorship for the 13th Annual Golf Tournament on April 22, 2022 (DJ)
a

RECOMMENDATION
Council approve Silver Level sponsorship in the amount of $1,000 for the 13th annual Dinuba Chamber of Commerce Golf Tournament scheduled to be held on Friday, April 22, 2022, at Ridge Creek Golf Course.

5.6. SUBJECT
Second reading and adoption of Ordinance No. 2022-02 the PO (Professional Office) zone text amendment allowing the conversion of offices to residential use (KS)
a

RECOMMENDATION
Council conduct the second reading, waive reading in full, and adopt Ordinance No. 2022-03 approving a text amendment to the PO (Professional Office) zone district allowing offices to be converted to residential use.

5.7. SUBJECT
Extension of Lease Agreement with Dinuba Unified School District for use of the Dinuba Vocational Center (DJ)
a

RECOMMENDATION
Council approve a one-year extension of the lease agreement with Dinuba Unified School District for the use of the Dinuba Vocational Center, and authorize the City Manager or designee to execute the agreement.

A motion was made by Council Member Longoria, second by Vice Mayor Reynosa, to review and approve as presented.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa

Absent: Thusu

6. WARRANT REGISTER

6.1. SUBJECT
Warrant Register March 25 & April 1, 2022 (KS)
a

RECOMMENDATION
Council to review and approve the Warrant Register as presented.

A motion was made by Council Member Nerio-Guerrero, second by Council Member Longoria, to review and approve Warrant Register as presented.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa

Absent: Thusu

7. DEPARTMENT REPORTS

7.1. SUBJECT
Urgency Ordinance No. 2022-04 Adding Section 190, “Prohibited Activities in Public Parks and Recreation Facilities” to Title 9, Chapter 48 Public Parks of the Dinuba Municipal Code (DY)
a

RECOMMENDATION
Council adopt Urgency Ordinance No. 2022-04 Adding Section 190, “Prohibited Activities in Public Parks and Recreation Facilities” to Title 9, Chapter 48 Public Parks of the Dinuba Municipal Code.

City Attorney Yanez presented the Urgency Ordinance No. 2022-04 which was created to clarify the current ordinance regarding enforcement of camping and other activities in city parks and recreational facilities.

Yanez stated that the revised ordinance complies with Federal Law and that the language is similar to what the City of Visalia has in place. The ordinance is compassionate while protecting quality of life. The policy will allow for proper notice while specifying details of set procedures.

Yanez stated that the policy specifies hours of exemption that would help impose requirements while enforcing compliance. Yanez will review further details regarding emergency situations where the ordinance may be overruled. RV parking will also be reviewed further. Yanez advised that private property camping would be considered a housing issue, and that day lounging is permitted in the parks as long as there are no tents or structures present.

A motion was made by Vice Mayor Reynosa, second by Council Member NerioGuerrero, to adopt Urgency Ordinance No. 2022-04 Adding Section 190, "Prohibited Activities in Public Parks and Recreation Facilities" to Title 9, Chapter 48 Public Parks of the Dinuba Municipal Code.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa

Absent: Thusu

8. MAYOR/COUNCIL REPORTS
Vice Mayor Reynosa invited everyone to the Alta Historical District Society function next Saturday.

Council Member Nerio-Guerrero reported attending regularly scheduled meetings.

Guerrero attended the groundbreaking ceremony for the new Dinuba High School and the Spring Fling. Nerio-Guerrero commended the Parks staff for their hard work.

Council Member Longoria reported working with United Way on housing for the homeless.

Mayor Launer attended the Spring Fling and thanked all the volunteers who helped. She thanked the Parks Department for their hard work. Launer attended the Well Water Conference, in Selma. She expressed concerns regarding the water drought and the importance of the current water issues. Launer met with Tim Lutz last Thursday the 31st to review the labor camp housing issue. Launer reported attending the new Dinuba High School groundbreaking ceremony and various other meetings.

9. CITY MANAGER COMMUNICATIONS
Assistant City Manager James thanked the Parks Department for their hard work on the Spring Fling. James reported that the Dutch Bros opening went well. James reported that there have been no problems or issues but that he will continue to evaluate the situation. James thanked the Planning and Development Department for their collaboration on the new Dutch Bros opening.

James reported positive feedback for downtown improvements from Brick and Stone Coffee Shop.

10. CITY STAFF COMMUNICATIONS
Attorney Yanez reported he will be presenting the revised Noise Ordinance and a few other items at the upcoming Council meeting.

Chief Webster reported hiring three new recruits making his department fully staffed.

Lieutenant Iriarte thanked the council for their support and shared information on an upcoming ordinance on military equipment. The ordinance will be implemented in phases and is meant to support transparency. The ordinance will be presented to the council at the next meeting. Iriarte shared that Cinco de Mayo safety coverage will be coordinated with allied help from Tulare County. Iriarte shared that the Drug Take-Back event is scheduled and has been advertised. Iriarte reported that the internal recruitment for a Sergeant is ongoing.

Director Hernandez reported on a positive Dutch Bros grand opening. Hernandez shared that his department is working on a few grant applications.

Chief Popovich shared that the upcoming ordinance reported by Lieutenant Iriarte will require council approval for the continued use of military equipment and will require annual approval. In addition to the equipment approval, the ordinance will require the approval of allied help in order to operate within the City. City Attorney Yanez provided further details for compliance.

11. ADJOURNMENT
Mayor Launer adjourned the meeting at 7:20 p.m.

City Council Staff Report
Department: CITY CLERK April 12, 2022
To: Mayor and City Council
From:

Subject: Introduction of the Cinco De Mayo Pageant Contestants (MA)

RECOMMENDATION
Council to receive introduction of the 2022 Cinco De Mayo Pageant Contestants

EXECUTIVE SUMMARY

OUTSTANDING ISSUES

DISCUSSION

FISCAL IMPACT

PUBLIC HEARING
City Council Staff Report
Department: PUBLIC WORKS April 12, 2022
To: Mayor and City Council
From: Ismael Hernandez, Public Works Director
By: George Avila, Business Manager
Subject: Authorization to Execute Professional Services Agreement with Adams Ashby Group for CDBG Grant Administration Services (IH)

EXECUTIVE SUMMARY
The City of Dinuba actively seeks Community Development Block Grant (CDBG) funding for the repair and construction of new public improvements. Given the nature of CDBG funding, all projects funded with CDBG money must comply with federal regulations. These regulations are extensive and constantly changing. In order to ensure compliance, the City procured the services of a CDBG grant administrator. Upon performing a formal procurement process a selection committee recommends that a professional services agreement be awarded to the Adams Ashby Group for a term not to exceed five years.

OUTSTANDING ISSUES
None.

DISCUSSION
The Community Development Block Grant (CDBG) Program is funded by the US Department of Housing and Urban Development and is designed to help local governments meet their housing and community development needs. The CDBG Program provides grants to carryout a wide range of community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. All CDBG activities (i.e. programs and projects) must meet one of the following national objectives: benefit low and moderate income persons; aid in the prevention or elimination of slums and blight; or meet certain community development needs having a particular urgency.

The CDBG Program is divided into two major funding categories: Community Development and Economic Development. Under the Community Development category the following activities are eligible for funding:

1. Housing: Includes single- and multi-family rehabilitation, rental housing acquisition or homeownership assistance, and activities that support new housing construction.

2. Public Improvements: Includes water and wastewater systems, and rural utilities such as gas and electric services.

3. Community Facilities: Includes day care centers, domestic violence shelters, food banks, community centers, medical and dental facilities, and fire stations.

4. Public Services: Includes staff and operating costs associated with the community facilities.

5. Planning and Technical Assistance (PTA): Includes studies and plans for housing, public works, and community facilities that meet CDBG national objectives and provide principal benefit to low-income persons.

As a non-entitlement jurisdiction the City of Dinuba must compete for funding and does not receive an annual CDBG allocation. Fortunately the City competes well under this funding opportunity and actively pursues new grants. The City has a current contract with Self Help Enterprises to manage all CDBG housing grants. A separate contract with the Adams/Ashby Group serves to provide technical assistance to the City for all other activities under CDBG Community Development. However, that contract expired in February 2022.

On January 19, 2022 the City announced a Request for Proposals (RFP) for CDBG Grant Administration Services.

The scope of work identified in RFP includes but is not limited to grant writing, preparation of requests for authorization to use grant funds, submittal of reimbursements requests, preparation of periodic reports, labor compliance, environmental reviews (e.g. CEQA, NEPA), and grant close-out. A total of two proposals were received by the submittal deadline. The proposals were from:

1. Adams/Ashby Group

2. Raney Planning & Management Inc.

Upon review the selection committee recommends that the City once again award a professional services agreement to Adams/Ashby for CDBG grant administration services. The Adams/Ashby Group has worked with the City since 2017 and has provided invaluable assistance for the successful delivery of the Randle Avenue Improvements Project, the Kern Street Storm Drain Project, Entertainment Plaza Improvements Project, and the North Dinuba Infrastructure Improvements Project. The City's main point of contact, Paul Ashby, has been instrumental in not only helping Staff navigate through federal regulations on awarded projects but also in securing approximately $8 million dollars in new CDBG funds.

Although Raney Planning & Management Inc., is capable of performing the identified scope of work, their expertise appears to be more aligned with housing programs. The Project Team identified in the Adams/Ashby Group proposal also possesses more relevant experience and a proven track record. A total of 7% the awarded grant funds are available for grant administration. The Adams/Ashby Group proposes to use 4.5% of the available funds for Public Improvements Projects and 6% for Public Service Programs. This indicates that 100% of the Adams/Ashby contract will be funded with CDBG funds. The proposed professional services agreement is attached herein as 'Attachment A'.

FISCAL IMPACT
The cost of grant administration is funded entirely by CDBG money.

PUBLIC HEARING
None.

ATTACHMENTS:

Description
A. Adams/Ashby Consulting Services Agreement

City Council Staff Report
Department: PUBLIC WORKS April 12, 2022
To: Mayor and City Council
From: Ismael Hernandez, Public Works Director
By: George Avila, Business Manager
Subject: Resolution No. 2022-19 and Resolution No. 2022-21, Authorization to Participate in the Kings Water Alliance Management Zone and Approval of FY 2021/22 Budget Amendment (IH)

RECOMMENDATION
Council by one motion take the following action:

1. Adopt Resolution Number 2022-19 approving the City's participation in the Kings Water Alliance Management Zone to comply with new nitrate regulations; and

2. Adopt Resolution Number 2022-21 approving a budget amendment for FY 2021/22 to fund the participation fee necessary to join the Kings Water Alliance Management Zone.

EXECUTIVE SUMMARY
The City's Wastewater Treatment Plant has received a Notice to Comply from the Central Valley Water Board requiring that the City adhere to new nitrate regulations by either an individual permitting action or the participation in a management zone. Upon review Staff has determined that it is in the City's best interest to join the Kings Water Alliance Management Zone and hereby requests the City Council to approve participation and authorize the $25,000 annual participation fee.

OUTSTANDING ISSUES
None.

DISCUSSION
CV-SALTS (Central Valley Salinity Alternatives for Long-term Sustainability) is a program developed for long term salinity and nitrate management in the Central Valley. The Nitrate Control Program is one of the two programs under the CV-SALTS initiative (along with the Salt Control Program) that regulates nitrate discharges to central valley groundwater basins. The Nitrate Control Program issued Notices to Comply to permittees requiring them to comply with the new nitrate regulations in May 2020.

To comply with the new nitrate regulations, individual facilities must choose between two pathways: Individual Permitting (Pathway A) or Join a Local Management Zone (Pathway B). The requirements for Pathway A consist of the preparation of an extensive nitrate study of the groundwater sub-basin, upgrades to wastewater treatment plant, providing replacement drinking water to residents if nitrate is found in any of the residential wells around the WWTP, and complying with additional monitoring requirements and annual reporting. Pathway B consists of joining a local management zone by paying an annual fee to share the cost of nitrate management with other permittees.

Joining a Management Zone allows dischargers to work together with other permitted dischargers and provides an alternative approach to the demanding individual permitting requirements. The Management Zone participants temporarily receive an exception from any new nitrate standards, and their respective Management Zones will work toward providing safe drinking water to residents impacted by nitrates in the groundwater.

The Kings Water Alliance (KWA) is the Local Management Zone for Dinuba. The Water Board is discouraging entities from choosing Pathway A and has approved very few of the multiple applications it has received. Given the stringent requirements of Pathway A, it is recommended that the City choose Pathway B for Nitrate Program compliance.

Participation costs for the KWA are set based on the plant’s design flow (in million gallons per day) per the Waste Discharge Requirements (WDRs). The City’s current annual fee for Nitrate Program compliance through pathway B is $25,000. This fee will be reduced if more agencies join the KWA.

Resolution Number 2022-19 is attached herein as 'Attachment A' and serves to approves the City's Wastewater Treatment Plan to participate in the Kings Water Alliance Management Zone. Resolution Number 2022-21 is attached herein as 'Attachment B' and serves to amend the FY 2021/22 Adopted Budget to include funding for the $25,000 participation fee necessary to join the Kings Water Alliance Management Zone.

FISCAL IMPACT
As of the current fee schedule, the $25,000 annual participation fee can be paid in two equal installments. The first payment of $12,500 is to be paid after the participation agreement is signed, and the second to be paid before the end of the Fiscal Year. In the event the fee is reduced due to participation from other permittees, the second payment will be adjusted accordingly. This payment will be funded out of the City's Sewer Operating fund.

PUBLIC HEARING
None.

ATTACHMENTS:

Description
A. Resolution Number 2022-19
B. Resolution Number 2022-21
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA APPROVING

THE PARTICIPATION OF DINUBA WASTEWATER TREATMENT PLANT IN THE

KINGS WATER ALLIANCE MANAGEMENT ZONE TO COMPLY WITH THE

NITRATE CONTROL PROGRAM REQUIREMENTS AND AUTHORIZING THE ANNUAL PARTICIPATION FEE OF $25,000 TO BE PAID TO KINGS WATER

ALLIANCE
WHEREAS, the City has received a Notice to Comply with the Nitrate Control Program requirement; and
WHEREAS, Staff recommends that the City choose the alternative pathway of compliance by participating in the Kings Water Alliance local management zone; and WHEREAS, the City Council approves the participation in Kings Water Alliance and accepts the annual participation fee of $25,000; and
WHEREAS, the City Council authorizes the Public Works Director to sign the participation agreement and to act on behalf of the City of Dinuba in this matter.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Dinuba, California, that the Public Works Director is hereby directed to execute the Participation Agreement with Kings Water Alliance and act on behalf of the City of Dinuba for the Nitrate Control Program compliance.

PASSED, ADOPTED AND APPROVED this ____________ day of _______________, 2022.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
___________________________________
Mayor of the City of Dinuba
ATTEST:

Linda Barkley, City Clerk
I, Linda Barkley, City Clerk of the City of Dinuba, certify the foregoing is the full and true Resolution 2022-___ passed and adopted by the City Council of the City of Dinuba at a regular meeting held on March __, 2022, by the following vote.

City Council Staff Report
Department: CITY CLERK April 12, 2022
To: Mayor and City Council
From: Maria Alaniz, Interim City Clerk/Human Resources Manager Subject: Approval of City Council Meeting Minutes (MA)

RECOMMENDATION
Council to review and approve City Council meeting minutes of March 22, 2022 as presented.

EXECUTIVE SUMMARY
None.

OUTSTANDING ISSUES
None.

DISCUSSION
None.

FISCAL IMPACT
None.

PUBLIC HEARING
None required.

ATTACHMENTS:

Description
City Council Meeting Minutes, March 22, 2022

City Council Staff Report
Department: CITY ATTORNEY April 12, 2022
To: Mayor and City Council
From: David Yanez, City Attorney
Subject: Resolution 2022-20 Approving a Certificate of Cancellation of Williamson Act Contract No. 12919 (DY)

EXECUTIVE SUMMARY
On March 22, 2022, the City Council held a public hearing regarding a petition from MBN Homes, LLC, for the cancellation of Williamson Act Contract No. 12919. The City Council unanimously approved the tentative cancellation of the contract on the specified conditions of the Certificate of Tentative Cancellation. Landowner, MBN Homes, LLC, has satisfied the conditions. Staff now recommends that City Council approve the final Certificate of Cancellation.

OUTSTANDING ISSUES
None.

DISCUSSION
Williamson Act Background
The Williamson Act, also known as the California Land Conservation Act of 1965, is codified in Government code §§ 51200 -51297.4. The intent of the Williamson Act is to preserve the State’s limited resource of agricultural land and this intent is implemented by landowners agreeing to enter into agricultural preserve contracts for a minimum term of 10 years and under which landowners agree to not develop their land for non-agricultural uses. In exchange the landowner pays reduced property taxes on the land.

Contract Background
Land Conservation Contract No. 12919 was executed by the Tulare County Board of Supervisors on February 8, 1983 at the request of Mr. Joe Garcia, President of Garcia Family, Inc, the owner of the land at that time. The County had jurisdictional authority over said contract until LAFCo approved the City of Dinuba's annexation of the land on June 5, 2002.

Contract Cancellation Procedures
The Williamson Act prescribes procedures that the City Council must follow prior to the cancellation of any land conservation contract. The City Council may grant tentative cancellation only if it makes required statutory findings GC § 51282(a).

If the required findings are met, the landowner is required to pay a cancellation fee equal to 12.5 percent of the cancellation valuation (unrestricted fair market value) of the property. The County Assessor has provided its assessed value of the property on January 26, 2022 and in the amount of $1,386,000.00. Therefore, the cancellation fee to be paid by MBN Homes, LLC to the County Treasurer is $173,250.00. The site’s contract must be cancelled before the approved tentative parcel map can be recorded as a final map, allowing the site to develop.

At the March 22, 2022 City Council meeting, the City Council made and approved the required findings to support the cancellation of the contract. Subsequently, MBN Homes, LLC, paid the cancellation fee of $173,250.00 to the Tulare County Treasurer, attached herein as 'Attachment C'.

Staff recommends Council approve Resolution 2022-20 Approving a Certificate of Cancellation of Williamson Act Contract No. 12919.

FISCAL IMPACT
None.

PUBLIC HEARING
None required.

ATTACHMENTS:

Description
A. Certificate of Cancellation of Williamson Act Contract No. 12919 B. Resolution 2022-20 Approving final Certificate of Cancellation of Williamson Act contract no. 12919 C. Tulare County Treasurer Receipt of Payment of Cancellation Fee

Page 1 of 2 ends

No fee per Government Code §6103

CERTIFICATE OF CANCELLATION OF
WILLIAMSON ACT CONTRACT NO. 12919
This CERTIFICATE OF CANCELLATION OF WILLIAMSON ACT CONTRACT NO. 12919 is being recorded pursuant to Section 51283.4 of the California Government Code and by the City Clerk of the CITY OF DINUBA.

WHEREAS, MBN HOMES, LLC, owner of the property listed below, petitioned the CITY OF DINUBA to cancel Williamson Act Contract No. 12919 pursuant to the procedures of Sections 51280 through 51287 of the California Government Code; and WHEREAS, Williamson Act Contract No. 12919 was recorded at the Tulare County Recorder's office on February 15, 1983, in Volume 4042 page 409 and as Land Conservation Contract No. 12919; and
WHEREAS, the CITY OF DINUBA has exercised jurisdictional authority over Williamson Act Contract No. 12919 since the land was annexed into the CITY OF DINUBA on June 5, 2002; and WHEREAS, the CITY OF DINUBA pursuant to Government Code Section 51284, after ten (10) days published notice, held a public hearing on March 22, 2022 at a regularly scheduled meeting of the City Council to act on said cancellation petition and unanimously approved the cancellation of Williamson Act Contract No. 12919; and
WHEREAS, the land covered under Williamson Act Contract No. 12919 is within Agricultural Preserve Number 3882 and consists of approximately 10.29 acres, all of which is described as follows:

Assessor’s
Parcel No.

Section Township Range Legal
Description
Acres
014-013-007 7 16S 24E Lot 1 PM 45-91 10.29
WHEREAS, on March 30, 2022, after the approval by the City Council of said cancellation petition, the CITY OF DINUBA did record a Certificate of Tentative Cancellation of Williamson Act Contract No. 12919 at the Tulare County Recorder’s office; and

RECORDING REQUESTED BY
City Clerk of the City of Dinuba
WHEN RECORDED MAIL TO:

Dinuba Public Works Department
1088 E. Kamm Avenue
Dinuba, CA 93618
This space is for recorders use only

Page 2 of 2 ends

WHEREAS, MBN HOMES, LLC has satisfied the specified conditions and contingencies as stated on the recorded Certificate of Tentative Cancellation of Williamson Act Contract No. 12919 which included payment in full of $173,250.00 as the contract cancellation fee pursuant to the provisions of Section 51283 of the California Government Code; and WHEREAS, MBN HOMES, LLC, will obtain all permits necessary to commence the project on the land.

NOW, THEREFORE, the CITY OF DINUBA requests that the Tulare County Recorder record this CERTIFICATE OF CANCELLATION of Williamson Act Contract No. 12919.

IN WITNESS WHEREOF, the CITY OF DINUBA has caused this instrument to be executed by its official(s) duly authorized to take such actions on behalf of and binding upon the CITY OF DINUBA.

CITY OF DINUBA
By: ________________________
Luis Patlan, City Manager
STATE OF CALIFORNIA. COUNTY OF TULARE
On before me personally appeared
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that________ executed the same in authorized capacity(ies) and that by signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal
Notary Public
1 RESOLUTION NUMBER 2022-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA

AUTHORIZING AND APPROVING A CERTIFICATE OF CANCELLATION OF WILLIAMSON ACT CONTRACT NO. 12919 WITHIN AGRICULTURAL PRESERVE NO. 3882 LOCATED ON THE EAST

SIDE OF ENGLEHART AVENUE, NORTH OF SAGINAW AVENUE
WHEREAS, MBN HOMES, LLC, submitted a petition to the City of Dinuba for the cancellation of a Williamson Act Contract No. 12919 within Agricultural Preserve No. 3882; and WHEREAS, MBN HOMES, LLC, is the owner of record of APN 014-013-007 which consists of approximately 10.29 acres of land and is situated on the east side of Engelhart Avenue, north of Saginaw Avenue; and
WHEREAS, Agricultural Preserve No. 3882 applies to this parcel and was established by the Board of Supervisors of Tulare County in 1982; and
WHEREAS, Land Conservation Contract No. 12919 was entered into between the County of Tulare and property owner, Garcia Family, Inc., on February 8, 1983 and the City of Dinuba succeeded to the contract when the subject land was annexed into the City per Tulare County LAFCo Resolution No. 02-012 on June 5, 2002; and
WHEREAS, the City of Dinuba approved a Tentative Map for the subdivision at the time the land was annexed into the City limits and this Tentative Map is still valid; and WHEREAS, MBN HOMES, LLC, proposes to file a Final Map and develop the land into a single family residential subdivision and the land is within the city limits and is zoned for urban development; and
WHEREAS, on January 26, 2022 the County Assessor provided a fair market valuation of the property (as if it were free from the Williamson Act contractual restriction) in the amount of $1,386,00.00; and
WHEREAS, based upon the County Assessor’s fair market valuation of the property, the City Council determined and certified that the cancellation fee to be paid to the Tulare County Treasurer upon cancellation of Contract No. 12919 was 12.5% of the fair market value, resulting in a cancellation fee of $173,250.00, and MBN HOMES, LLC did not dispute the amount of said fee; and
WHEREAS, the City Council of the City of Dinuba, after ten (10) days published notice did hold a public hearing on March 22, 2022 regarding the request for cancellation and pursuant to Government Code Section 51284; and
WHEREAS, on March 22, 2022 the City Council of the City of Dinuba voted unanimously to 2 approve the tentative cancellation of Williamson Act Contract No. 12919 and made the required findings for cancellation; and
WHEREAS, MBN HOMES, LLC, has paid the cancellation fee of $173,250.00 in full to the Tulare County Treasurer and has satisfied the conditions enumerated in the tentative Certificate of Cancellation of Williamson Act contract no. 12919.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dinuba authorizes the City Manager or his designee to execute a final Certificate of Cancellation of Williamson Contract No. 12919and authorizes the City Clerk to record the Certificate of Cancellation with the County of Tulare.

PASSED AND ADOPTED this 12th day of April , 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_____________________________
Linda Launer, Mayor
ATTEST:
_________________________
Maria Alaniz, Interim City Clerk

City Council Staff Report
Department: CITY MANAGER'S OFFICE April 12, 2022
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Dinuba Chamber of Commerce Silver Level Sponsorship for the 13th Annual Golf Tournament on April 22, 2022 (DJ)

EXECUTIVE SUMMARY
The Dinuba Chamber of Commerce holds an annual golf tournament at Dinuba Ridge Creek Golf Course as one of its fundraisers. The City of Dinuba supports the annual Chamber of Commerce golf tournament and hereby requests that the City Council approve a Silver Sponsorship in the amount of $1,000.

OUTSTANDING ISSUES
None.

DISCUSSION
The Chamber of Commerce will host the 13th annual golf tournament at Ridge Creek Golf Course. The 2022 tournament is scheduled to be held on Friday, April 22, 2022 The Chamber of Commerce works to promote local businesses and community events. The Chamber actively promotes partnerships between businesses, local government and the community working toward a prosperous and thriving community. Proceeds from the golf tournament help fund the Chamber's efforts to further these activities.

The City participates annually toward the annual Chamber of Commerce Golf Tournament and has participated at Gold, Silver and Hole/Tee levels as well as with City teams.

This year there are three (3) sponsorship levels as listed below. Attachment 'A' details further each sponsorship level. Staff recommends that the Council approve a $1,000 Silver level sponsorship for the annual Dinuba Chamber of Commerce golf tournament.

CorporateSponsor $2,000
Game Sponsor $1,000
Hole Sponsor $ 100

FISCAL IMPACT
The City's FY 2021-2022 Community Grants / Miscellaneous Fund was budgeted at $10,000 and currently there remains a balance of $6,850 for requests such as this.

PUBLIC HEARING
None required.

ATTACHMENTS:

Description
A. Dinuba Chamber of Commerce Golf Tournament Sponsorship Opportunities March 31, 2021
City of Dinuba Mayor Linda Launer, Council members, and Staff 405 E El Monte Way
Dinuba, CA 93618
Dear Mayor Launer and Council Members,
The Dinuba Chamber of Commerce is excited to share that we are hosting our Eleventh Golf Tournament to be held at Ridge Creek Golf Club on Friday, April 22, 2022. This event is a fundraiser for the chamber as well as a promotion for Ridge Creek Golf Club and our business and corporate sponsors who are partnering with us.

As you know the Chamber exists to promote the City of Dinuba and its business and community interests. The Chamber cultivates collaborative partnerships between business, government, organizations, and the public to work together for a better and more prosperous community.

There are many sponsorship opportunities listed below. We are hoping you will be able to sponsor us at the 1,000 as you have in year’s past. We do have one city team registered at this time but would love to include additional departments.

Corporate Sponsorship $1000 - 4 Players, Custom Tee Sponsor Sign Game Sponsorship $500 – Ability to set up a game at the hole of choice.

Hole Sponsorship $150 - Tee Sponsor Sign
Player Fees - $480 Per Team
We are also looking for raffle prizes and items to put into our welcoming bags for the golfers. Raffle prizes such as merchandise or gift certificates and items from our local businesses for the (144) welcoming bags such as advertising products, snacks or coupons would be very much appreciated. If you are interested in either of these, please call Sandy at the Chamber office 591-2707.

We would love a full course this year, 36 teams of 4 players, to participate in this year’s golf tournament after our long hiatus of sheltering in and limited social events. We can’t think of a better way to spend Earth Day than spending time at Ridge Creek with our community partners. In the past our teams have been made up of corporate executives, business owners, service clubs, government officials and community leaders. We are looking forward to being back out in the community and sharing a great day at our beautiful Ridge Creek Golf Club.

If you have any questions or need any additional information, do not hesitate to call Heathe at 591-2707.

Thank you for your consideration of this matter.

Heathe Jones
CEO, Dinuba Chamber of Commerce
City Council Staff Report
Department: PUBLIC WORKS April 12, 2022
To: Mayor and City Council
From: Ismael Hernandez, Public Works Director
By: Karl Schoettler, City Planning Consultant
Subject: Second reading and adoption of Ordinance No. 2022-02 the PO (Professional Office) zone text amendment allowing the conversion of offices to residential use (KS)

EXECUTIVE SUMMARY
The action is an amendment to the text of the PO (Professional Office) zone to allow persons to apply for a Conditional Use Permit to convert an office (that was previously a residence) back into a residential dwelling.

OUTSTANDING ISSUES
None.

DISCUSSION
At the March 22, 2022 meeting the City Council considered an amendment to the text of the PO (Professional Office) zone, that would allow a property owner to convert an office (that was previously a residential dwelling) back to residential use.

The request came about after staff had received a number of requests from interested parties who own offices in the PO zone but have been unable to find users interested in occupying them for office purposes. The realty market currently is much more focused on the production of residential units than offices. Accordingly, these individuals would like to convert their empty offices back to residential use. Requiring an applicant to go through the Conditional Use Permit process would allow for this and also afford interested neighbors to opportunity to learn about and comment on such proposals.

Following questions and discussion, the City Council voted unanimously to approve introduction of the Zoning text amendment, via Ordinance 2022-03. Today's action is to approve the second reading of the ordinance. If approved, the ordinance would take effect after 30 days.

FISCAL IMPACT
There will be no significant fiscal impact to the City resulting from this action. Any applicants for an office conversion will have to pay the fee for a Conditional Use Permit.

PUBLIC HEARING
A public hearing notice for the introduction of the ordinance was published in the Mid Valley Times.

City Council Staff Report
Department: CITY MANAGER'S OFFICE April 12, 2022
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Extension of Lease Agreement with Dinuba Unified School District for use of the Dinuba Vocational Center (DJ)

EXECUTIVE SUMMARY
The City of Dinuba and the Dinuba Unified School District (DUSD) entered into a lease agreement on November 1, 2018 for the use of the Dinuba Vocational Center. City staff has been working with the Economic Development Administration to remove the expired lien from title, so the property may be sold with a clear title. However, more time is required to continue working with the EDA to release the lien. Staff recommends Council approve a one (1) year extension of the lease agreement with DUSD for the use of the Dinuba Vocational Center.

OUTSTANDING ISSUES
None.

DISCUSSION
The City of Dinuba and the Dinuba Unified School District (DUSD) entered into a lease agreement on November 1, 2018 for use of the Vocational Center for its adult training programs. The current lease, which is attached herein as 'Attachment A', is set to expire on May 1, 2022. Since that time the school district has been operating a variety of adult training programs in the Vocational Center, including, Certified Nursing Assistant (CNA), Pharmacy Technician, Security Guard, ESL, Computer Life Skills, Auto and Welding theory classes, Administrative Assistant/Clerical Skills, and HVAC Technician.

Staff recommends Council approve a one (1) year extension of the lease agreement, which is attached herein as 'Attachment B'.

FISCAL IMPACT
No changes to fiscal impact are expected.

PUBLIC HEARING
None required.

ATTACHMENTS:

Description
A. DUSD Lease Agreement for Dinuba Vocational Center
B. Extension of DUSD Lease Agreement for Dinuba Vocational Center 9/20/18

LEASE AGREEMENT
THIS LEASE ("Lease") dated November _1 __ , 2018, is entered into between CITY OF DINUBA ("Landlord"), and DINUBA UNIFIED SCHOOL DISTRICT ("Tenant").

RECITALS
A. Landlord is the owner of real property ("Real Prope1ty") located at 199 North L Street, Dinuba, California, described in Exhibit A and depicted in Exhibit B, attached to this Lease and incorporated by reference, and the Building (as later defined) located on it. The Real Property and the Building are collectively the "Property."
B. Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord the Premises (as later defined) for the term and subject to the terms, covenants, agreements, and conditions in this Lease.

AGREEMENT
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which are hereby acknowl~dged, the parties agree as follows:

Section 1. Definitions
As used in this Lease, the following capitalized terms are defined as follows. "Basic Lease Information" is attached to and incorporated in this Lease as Exhibit C hereto. "Building" means the building constructed on the Real Property located at 199 North L Street, Dinuba, California, known as the Vocational Training Center, and any property interest in the area and all other improvements on or appurtenances to the Real Property or the streets abutting the Real Property. The Building includes, but is not limited to, an office building with the first floor consisting of completed tenant improvements and the second floor consisting of unfinished open space as more particularly depicted in Exhibit D.
"Commencement Date" means the Commencement Date as set forth in the Basic Lease Information. "Deposit" is defined in Section 23 hereof.
"Event of Default" is defined in Section 16 hereof.
"Landlord" is defined in the preamble hereof.
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"Legal Requirements" is defined in Section 13 hereof.
"Lease" is defined in the preamble hereof.
"Operating Expenses" means (a) all costs of management, operation, and maintenance of the Building, including without limitation: wages, salaries, and payroll burden of employees; property management fees and other related compensation; janitorial, maintenance, security, and other services; Building office rent or rental value; power, water, waste disposal, and other utilities; materials and supplies; maintenance and repairs; license costs; insurance premiums and the deductible portion of any insured loss under Landlord's insurance; and depreciation on personal property.
"Property" is defined in Recital A hereof.
"Real Property" is defined in Recital A hereof.
"Tenant" is defined in the preamble hereof.
"Term" is defined in Section 3 hereof.
"Termination Date" means the Termination Date in the Basic Lease Information.

Section 2. Premises
Landlord leases to Tenant, and Tenant leases from Landlord the 40,000 square foot Building located at 199 North L Street, Dinuba, California and adjacent parcel, Assessor's Parcel Numbers 017-124-001, 017- 124-002, 017-124-003 and O 17-124-014 for the term and subject to the terms, covenants, agreements, and conditions later set forth, to each of which Landlord and Tenant mutually agree. Landlord represents that the Property is appropriate for the uses contemplated by this Lease Agreement and Landlord agrees to maintain the Property as set forth in Section 6 so as to provide for said uses, including keeping the Property free from any liens or encumbrances against Landlord's title to the Property or that would otherwise inhibit or affect the use of the Property described in this Agreement.

Tenant shall be permitted to use the public parking lot (APN: 017-113-006) across the street from the Premises for parking purposes during the term of the Lease so long as City retains ownership of the property. City reserves the right to use the public parking for community events or public parking at all times. Use of the public parking lot beyond the term of the lease shall require a separate use agreement between the Landlord and Tenant.

Section 3. Term
The term ("Term") of this Lease shall be for 42 months commencing on the first day of November 2018 ("Commencement Date") and, unless sooner terminated as later provided, shall end on May 1, 2022 2 9/20/18
("Termination Date"). Unless otherwise agreed by Landlord and Tenant in this Lease, Landlord shall deliver the Premises to Tenant on the Commencement Date in their then existing condition with no alterations being made by Landlord. If Landlord, for any reason, cannot deliver the Premises to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting from nondelivery, but in that event rental shall be waived for the period between the Commencement Date and the time when Landlord delivers the Premises to Tenant. No delay in delivery of the Premises shall extend the Term of this Lease.

Section 4. Rental
(a) Rent in the amount of $.74 per square foot for the 40,000 square foot building shall be paid to Landlord, in advance, on or before the first day of the Term of this Lease and on or before the first day of each successive calendar month during the Term of this Lease. In the event the Term of this Lease commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, the monthly rental for the first and last fractional months of the Term of this Lease shall be appropriately prorated.
(c) All sums of money due to Landlord under this Lease, not specifically characterized as rental, shall constitute additional rent and shall be due within thirty (30) days after receipt by Tenant of a billing. If any undisputed sum is not paid when due, it shall be collectible as additional rent with the next installment of rental falling due. Nothing contained in this Lease shall be deemed to suspend or delay the payment of any sum of money at the time it becomes due and payable under this Lease, or to limit any other remedy of Landlord.
(d) If any installment of rent or any other sums due from Tenant are not received when due, or if a cure period is applicable under Section 19(a), prior to the expiration of the cure period, Tenant shall pay to Landlord a late charge equal to five percent (5%) of the overdue amount. Acceptance of the late charge by Landlord shall not constitute a waiver of Tenant's default for the overdue amount, nor prevent Landlord from exercising the other rights and remedies granted under this Lease. (e) Any undisputed amount due to Landlord, if not paid within five (5) days following the due date, will bear interest from the due date until paid at the rate of ten percent (10%) per year. However, interest shall not be payable on late charges incurred by Tenant nor on any amounts on which late charges are paid by Tenant to the extent this interest would cause the total interest to be in excess of that legally permitted.

Payment of interest shall not excuse or cure any default by Tenant. (t) All payments due shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America at Landlord's address for notices under this Lease or to another person or at another place as Landlord may designate by notice to Tenant.

Section 5. Use
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The Premises shall be used solely for adult educational purposes. The programs shall be limited to the adult programs offered or arranged by Tenant, including, but not limited to, programs such as Certified Nursing Assistant (CNA), Pharmacy Technician, Security Guard, ESL, Computer Life Skills, Auto and Welding theory classes, Administrative Assistant/Clerical Skills, and HVAC Technician. Adult programs may also include career counseling, interview skills,job placement, parenting skills and other adult related courses. Tenant shall not do or permit to be done on the Premises, nor bring or keep or permit to be brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance policy or, (c) which will increase the existing rate of or affect fire or other insurance on the Building or its contents or cause a cancellation of any insurance policy covering the Building or any part of it or its contents. Tenant shall not use or store in the Premises any hazardous or toxic substances, with the sole exception of reasonably necessary substances that are kept in reasonably necessary quantities for normal office operations, provided that their use and storage are in accordance with applicable laws.

Section 6. Utilities and Maintenance
In addition to the monthly rental paid by Tenant under this Lease, Tenant shall be responsible to pay for all utility costs for operation and use of the Building includingjanitorial, security and general maintenance.

Landlord shall be responsible for maintaining roofing, HV AC, elevator, mechanical and electrical systems necessary for operation of the Building and for maintaining the surrounding areas, including the parking lot(s). Costs to repair damages caused by Tenant shall be borne by Tenant.

Section 7. Alterations.
(a) Tenant shall not make or allow any alterations, additions, or improvements to the Premises or any part of the Premises (collectively, "Alterations"), without Landlord's prior consent, which shall not be unreasonably withheld. The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect Building systems or the structure of the Building, and the repainting or recarpeting of the Premises, shall not constitute Alterations. The Parties shall agree whether the Alterations shall be made by Landlord or Tenant, in accordance with the procedures set forth in this Section. All Alterations shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises, unless the Parties agree to have Tenant remove any Alterations that are peculiar to Tenant's use of the Premises and are not normally required or used by other tenants. In this event, Tenant shall bear the cost of restoring the Premises to their condition prior to the installment of the Alterations. When plans and specifications for any Alterations are approved by Landlord pursuant to Section 9(b ), Landlord shall advise Tenant whether proposed Alterations would entitle Landlord to require their removal and restoration of the Premises at the end of the Term. (b) Plans and specifications for Alterations shall be prepared at Tenant's expense by Tenant's architect or by Landlord's architect if Tenant so elects, and by engineers approved by Landlord, where the nature of the Alterations requires mechanical or electrical engineering services. Any architect retained by Tenant shall be instructed to follow standard construction administration procedures and use standard specifications and details reasonably promulgated by Landlord for the Building. The plans and 4 9/20/18
specifications shall be subject to approval by Landlord and Tenant, and shall not be unreasonably withheld or delayed by either party. Plans and specifications that have neither been approved nor disapproved by Landlord within thirty (30) days after submittal by Tenant shall be deemed to have been approved. The Parties shall discuss and agree on whether Landlord or Tenant shall obtain cost proposals or bids for the Alterations from one or more general contractors approved by Landlord, including any general contractors requested by Tenant that Landlord has approved all according to applicable competitive procurement requirements. Tenant may specify subcontractors in the finish trades to be included in the general contractors' bids. The Parties shall communicate and cooperate in the process, including receipt and evaluation of bids/proposals, and awarding the contract for the construction or installation of the Alterations with the contractor approved by Tenant. Construction agreements with the contractor will address containing the cost of the Alterations, the timeliness of performance, and the quality of the contractor's work. The Parties shall use reasonable best efforts to secure performance of the construction contract for the Parties' benefit.
( c) In the event Tenant instructs Landlord or the contractor to proceed with any changes to the Alterations without a prior determination of increased costs resulting from those changes and without approval of the increases by Tenant, or in the event Tenant is responsible for increased costs attributable to a delay or acceleration in the time for construction, the amount of any increased costs from contractor shall be reasonably determined on completion of the Alterations, subject only to reasonable efforts in causing the contractor to furnish appropriate back-up information concerning increased costs, if any.

In the event Landlord instructs Tenant or the contractor to proceed with any changes to the Alterations without a prior determination of increased costs resulting from those changes and without approval of the increases by Landlord, or in the event Landlord is responsible for increased costs attributable to a delay or acceleration in the time for construction, the amount of any increased costs from contractor shall be reasonably determined on completion of the Alterations, subject only to reasonable efforts in causing the contractor to furnish appropriate back-up information concerning increased costs, if any. (d) Where Tenant has requested Alterations and Landlord has contracted with the construction contractor, Tenant shall pay to Landlord all amounts payable by Tenant pursuant to this Section after receipt of contractor's invoice. Payments will be structured to enable Landlord to pay the contractor, architect, or engineer without advancing Landlord's own funds. Landlord shall furnish a copy of each invoice to Tenant for Tenant's approval at least ten (10) days prior to the due date of the invoice. Tenant may contest any payment to a contractor for Alterations and withhold this payment, provided that the provisions of Section 10 are satisfied and Tenant indemnifies and defends Landlord against all claims and liability arising out of the contested payment. Landlord will deliver Tenant's payments to contractor in a timely and expeditious manner. Where Landlord has requested Alterations and Landlord has contracted with the construction contractor, Landlord shall pay contractor directly. ( e) Landlord may delegate some or all authority and responsibilities under this Section to a manager. 5 9/20/18
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Section 8. Liens
Tenant shall keep the Premises and the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. Landlord may have posted on the Premises any notices that may be provided by law or that Landlord may deem proper for the protection of Landlord, the Premises, and the Building from those liens. Tenant may contest any lien for which Tenant is responsible under this Section, provided that Tenant shall have caused the lien to be bonded against. Landlord shall keep the Premises and the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by Landlord.

Section 9. Repairs
Tenant accepts the Premises as being in the condition in which Landlord is obligated to deliver the Premises. At all times during the term of this Lease and at Tenant's sole cost, Tenant shall keep the Premises in good condition and repair and damage to the Premises by fire, earthquake, or act of God or the elements are excepted. At the end of the term of this Lease, Tenant shall surrender to Landlord the Premises and all Alterations that are to remain in the Premises in the same condition as when received, normal wear and tear excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate, or paint the Premises or any part of them, except as specifically set forth in this Lease. Landlord has made no representations respecting the condition of the Premises or the Building, except as specifically set forth in this Lease.

Section 10. Damage or Destruction
(a) In the event the Premises or any portion of the Building necessary for Tenant's occupancy are damaged by fire, earthquake, act of God, the elements, or other casualty, within thirty (30) days after that event, Landlord shall notify Tenant of the estimated time, in Landlord's reasonable judgment, required for repair or restoration. If the estimated time is one hundred and eighty (180) days or less after the commencement of the physical work and one (1) year or less after the casualty event, Landlord shall proceed promptly and diligently to adjust the loss with applicable insurers, to secure all required governmental permits and approvals, and to repair or restore the Premises or the portion of the Building necessary for Tenant's occupancy. This Lease shall remain in full force, except that for the time unusable, Tenant shall receive a rental abatement for that part of the Premises rendered unusable in the conduct of Tenant's business. (b) If the estimated time for repair or restoration is in excess of one hundred and eighty (180) days after the commencement of the physical work or one (1) year after the casualty event, Tenant may elect to terminate this Lease as of the date of the casualty event by giving notice to Landlord within fifteen (15) days following receipt of Landlord's notice of the estimated time for repair. If the estimated time is more than one hundred and eighty ( 180) days after commencement of the physical work or one (I) year after the casualty event, but Tenant has not elected to terminate this Lease, Landlord may elect, on notice to Tenant within twenty (20) days after the period for Tenant's election to terminate has expired, to repair or 7 9/20/18
restore the Premises or the portion of the Building necessary for Tenant's occupancy. In that event, this Lease shall continue in full force, but the rent shall be abated. If Landlord does not elect to repair or restore, this Lease shall terminate as of the date of the casualty event. However, if Landlord has not commenced the physical repair or restoration of the Premises or the portion of the Building necessary for Tenant's occupancy within one (I) year from the casualty event, Tenant may elect to terminate this Lease by notice to Landlord given at any time following the expiration of one (I) year from the casualty event, but prior to the commencement of the physical repair or restoration work. (c) If the Premises or the Building are to be repaired or restored under this Section, Landlord shall repair or restore at Landlord's cost the Building itself and all improvements in the Premises, including but not limited to, any tenant improvements constructed pursuant to this Lease, but excluding Alterations made by or for Tenant subsequent to completion of those tenant improvements. Tenant may elect, in its sole discretion, to repair or restore the Alterations; if Tenant chooses to do so, Tenant shall pay the cost of repairing or restoring any Alterations made by or for Tenant subsequent to completion of the tenant improvements made pursuant to this Lease and shall be responsible for carrying casualty insurance as Tenant deems appropriate for those Alterations.
( d) In the event of any damage to or destruction of the Premises or the Building, Landlord and Tenant acknowledge that their respective rights and obligations are to be governed exclusively by this Lease. (e) In the event the Premises are to be repaired or restored and Tenant requires temporary offices as a result of a casualty event affecting the Premises, Landlord shall use best efforts to locate offices for Tenant within the Building. Tenant acknowledges that Landlord makes no commitment as to the availability of any offices or as to their cost.

Section 11. Subrogation
[RESERVED]
Section 12. Indemnification
Tenant waives all claims against Landlord for damage to any property or injury or death of any person on the Premises arising at any time and from any cause other than the gross negligence or willful misconduct of Landlord or Landlord's employees, agents, or contractors. Tenant shall hold Landlord harmless from and defend Landlord against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the use of the Premises by Tenant, except that caused by the gross negligence or willful misconduct of Landlord or Landlord's agents, contractors, or employees. Tenant shall also hold Landlord harmless from any liability, cost, or expense arising from Tenant's use or storage in the Premises of any hazardous or toxic substance. These indemnity obligations 8 9/20/18
shall include reasonable attorney's fees, investigation costs, and all other reasonable costs incurred by Landlord from the first notice that any claim or demand is to be made or may be made. Landlord shall promptly give notice to Tenant of any claim or demand. The provisions of this Section shall survive the termination of this Lease for any event occurring prior to the termination. The provisions of this Section to indemnify and hold Landlord harmless are limited to the amount of loss that is not paid to Landlord out of insurance proceeds, if any.

Landlord waives all claims against Tenant for damage to any property or injury or death of any person on the Premises arising at any time and from any cause other than the gross negligence or willful misconduct of Tenant or Tenant's employees, agents, or contractors. Landlord shall hold Tenant harmless from and defend Tenant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the use of the Premises by Landlord, except that caused by the gross negligence or willful misconduct of Tenant or Tenant's agents, contractors, or employees. Landlord shall also hold Tenant harmless from any liability, cost, or expense arising from Landlord's use or storage in the Premises of any hazardous or toxic substance. These indemnity obligations shall include reasonable attorney's fees, investigation costs, and all other reasonable costs incurred by Tenant from the first notice that any claim or demand is to be made or may be made. Tenant shall promptly give notice to Landlord of any claim or demand. The provisions of this Section shall survive the termination of this Lease for any Tenant harmless are limited to the amount of loss that is not paid to Tenant out of insurance proceeds, if any.

Section 13. Compliance with Legal Requirements
At Tenant's sole cost, Tenant shall promptly comply with all applicable laws and governmental rules now or later in force; with the requirements of any board of fire underwriters or other similar body now or in the future constituted; with any direction or occupancy certificate issued by public officers ("Legal Requirements"), insofar as they relate to the condition, use, or occupancy of the Premises. Excluded are:
(a) structural changes or changes to the electrical, mechanical, or plumbing systems of the Building, all to the extent not necessitated by Tenant's acts or by improvements made for Tenant, other than the tenant improvements to be made pursuant to this Lease by Landlord, if any; (b) alterations or improvements to the Building as a whole or the Premises of tenants generally that are not by law the tenants' responsibility with which to comply; and (c) work necessitated by defects in the construction of the Building. Landlord shall comply in a timely manner with all Legal Requirements that are not Tenant's responsibility under this Section to the extent noncompliance would adversely affect Tenant's use or occupancy of the Premises.

Section 14. Assignment and Subletting
(a) Tenant shall not assign or hypothecate this Lease or any interest in this Lease, sublet the Premises or any part of them, or license the use of the Premises in a manner that is contrary to its educational uses.

Neither this Lease nor any interest in this Lease shall be assignable without the consent of Landlord. Any 9 9/20/18
of the previous acts without consent shall be void and shall, at the option of Landlord, constitute a noncurable default under this Lease. In connection with each consent requested by Tenant, Tenant shall submit to Landlord the terms of the proposed transaction, the identity of the parties to the transaction, the proposed documentation for the transaction, and all other information reasonably requested by Landlord concerning the proposed transaction and the parties involved.

Section 15. Entry by Landlord
Landlord may enter the Premises at reasonable hours and, except in the event of an emergency, on reasonable prior notice, to: (a) inspect the Premises; (c) determine whether Tenant is complying with all obligations under this Lease; (d); (e) post notices of nonresponsibility; and (f) make repairs or perform maintenance required of Landlord by this Lease, make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Building. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord's undertakings in the previous sentence, Tenant waives any damage claims for inconvenience to or interference with Tenant's business or loss of occupancy or quiet enjoyment of the Premises caused by Landlord's entry. At all times Landlord shall have a key with which to unlock the doors on the Premises, excluding Tenant's vaults, safes, and similar areas designated as secure areas in writing by Tenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord deems proper to open Tenant's doors and enter the Premises. Entry to the Premises by Landlord in an emergency shall not be construed as a forcible or unlawful entry, a detainer, or an actual or constructive eviction of Tenant.

Section 16. Events of Default
The following events shall constitute events of default under this Lease ( each an Event of Default):
(a) a default by Tenant in the payment when due of any rent or other sum payable under this Lease and the continuation of this default for ten (I 0) or more days after notice of the default from Landlord, provided that if Tenant has failed two (2) or more times in any twelve (12) months to pay any rent or other sum when due and notice of this default has been given by Landlord in each instance, no notice shall be required after this until the expiration of twelve (12) months in which all rental and other sums payable under this Lease have been paid on or before the date due; (b) a default by Tenant in the performance of any of the terms, covenants, agreements, or conditions in this Lease, other than a default by Tenant in the payment when due of any rent or other sum payable under this Lease, and the continuation of the default beyond thirty (30) days after notice by Landlord or, if the default is curable and would require more than thirty (30) days to remedy, beyond the time reasonably necessary for cure; provided, however, that if Tenant has defaulted in the performance of the same obligation two (2) or more times in twelve (12) months and notice of the default has been given by Landlord in each instance, no notice shall be required after this until the expiration of twelve (12) 10 9/20/18
months without any default by Tenant;
(c) the abandonment of the Premises.

Section 17. Termination upon Default
On occurrence of any Event of Default by Tenant, Landlord may, in addition to any other rights and remedies given here or by law, terminate this Lease and exercise remedies relating to it without further notice or demand in accordance with the following provisions:
(a) So long as the Event of Default remains uncured, Landlord shall have the right to give notice of termination to Tenant, and on the date specified in this notice, this Lease shall terminate. (b) If this Lease is terminated, Landlord may, by judicial process, reenter the Premises, remove all persons and property, and repossess and enjoy the Premises, all without prejudice to other remedies that Landlord may have because of Tenant's default or the termination. (c) If this Lease is terminated, Landlord shall have all of the rights and remedies of a landlord provided by Civ. Code § 1951.2, in addition to any other rights and remedies Landlord may have. The damages which Landlord may recover shall include, without limitation: (i) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of the rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of award computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %) of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; (iv) all reasonable legal expenses and other related costs incurred by Landlord following Tenant's default; (v) all reasonable costs incurred by Landlord in restoring the Premises to good order and condition to relet the Premises; and (vi) all reasonable costs, including without limitation, any brokerage commissions incurred by Landlord in reletting the Premises.

Section 18. Continuation after Default
Even though Tenant has breached this Lease and abandoned the Premises, this Lease shall continue in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease. Acts of maintenance or preservation, efforts to relet the Premises, or the appointment of a receiver upon initiative of Landlord to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession.
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Section 19. Other Relief
The remedies provided in this Lease are in addition to any other remedies available to Landlord or Tenant at law, in equity, by statute, or otherwise.

Section 20. Right of Landlord to Cure Defaults
Agreements and provisions to be performed by Tenant under this Lease shall be at Tenant's sole cost and without abatement of rental, except as specifically provided in this Lease. If Tenant (a) fails to pay any sum of money, other than rental, required under this Lease, or (b) fails to perform any other act under this Lease, and this failure continues for thirty (30) days after notice of the failure by Landlord, or a longer period as may be allowed under this Lease, Landlord may, without waiving or releasing Tenant from any obligations of Tenant, make payment or perform other acts required by this Lease on Tenant's behalf. All sums paid by Landlord and all necessary incidental costs shall be payable to Landlord on demand and shall constitute additional rental under this Lease.

Section 21. Attorney Fees
If, as a result of a breach or default under this Lease, Landlord uses an attorney to secure compliance with Lease provisions, to recover damages, to terminate this Lease, or to evict Tenant, Tenant shall reimburse Landlord, on demand, for all reasonable attorney's fees and expenses incurred by Landlord; provided that, if Tenant becomes the prevailing party in any legal action brought by Landlord, Tenant shall be entitled to recover reasonable attorney's fees and expenses incurred by Tenant and need not reimburse Landlord for any attorney's fees and expenses incurred by Landlord.

Section 22. Holding Over
(a) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, and option to acquire the Building, but at a monthly rental equivalent to [percent] of the then prevailing monthly rental paid by Tenant at the expiration of the term of this Lease, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (I) month prior to the date of termination of a monthly tenancy.
(b) If, over Landlord's objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant's failure to vacate the Premises in a timely manner.
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Section 23. Security Deposit
Tenant to deposit with Landlord the sum of $600,000 (Six hundred thousand dollars) as specified in the Basic Lease Information ("Deposit"). The Deposit shall be held by Landlord as security for the faithful performance by Tenant of all provisions of this Lease. If Tenant fails to pay rent or other sums due under this Lease or defaults with respect to any provision of this Lease, Landlord may use, apply, or retain all or any portion of the Deposit for the payment ofrent or other sums in default, for the payment of any other sums to which Landlord may become obligated because of Tenant's default, or to compensate Landlord for any loss or damage that Landlord may suffer because of the Tenant's actions. If Landlord intends to use or apply the Deposit, Landlord must provide Tenant with advanced written notice which shall include an itemization of the expenses or costs at issue. Landlord must provide sufficient written notice (no less than 10 business days) in order to allow Tenant to review and for the parties to reach an agreement as to use of any Deposit funds. If Tenant performs all of Tenant's obligations under this Lease, the Deposit or the amount not applied by Landlord shall be returned, without interest, to Tenant at the expiration of the Term and after Tenant has vacated the Premises.

Section 24. Waiver
The waiver by Landlord of any agreement, condition, or provision contained in this Lease shall not be deemed to be a waiver of any subsequent breach of the agreement, condition, or provision or any other agreement, condition, or provision contained in the Lease, nor shall any custom or practice that may arise between the parties in the administration of the terms of this Lease be construed to waive or to lessen the right of Landlord to the performance by Tenant in strict accordance with these terms. The subsequent acceptance of rental under this Lease by Landlord shall not be deemed to be a waiver of any preceding breach by the other party of any agreement, condition, or provision of this Lease, other than the failure of Tenant to pay the particular accepted rental, regardless of knowledge of the preceding breach at the time of the rental acceptance.

Section 25. Notices and Consents
All notices, consents, demands, and other communications from one party to the other that are given pursuant to the terms of this Lease shall be in writing and shall be deemed to have been fully given when delivered, including delivery by commercial delivery services or facsimile transmission, or if deposited in the United States mail, certified or registered, postage prepaid, when received or refused. All notices, consents, demands, and other communications shall be addressed as follows: to Tenant at the address specified in the Basic Lease Information, or to another place or person as Tenant may designate in a notice to Landlord, or delivered to Tenant at the Premises; to Landlord at the address specified in the Basic Lease Information, or to another place as Landlord may designate in a notice to Tenant. 13 9/20/18
Section 26. Entire Agreement
There are no oral agreements between Landlord and Tenant affecting this Lease, and this Lease supersedes and cancels all previous negotiations, arrangements, brochures, agreements, and understandings between Landlord and Tenant or displayed by Landlord to Tenant with respect to the subject matter of this Lease.

There are no representations between Landlord and Tenant other than those contained in this Lease. All implied warranties, including implied warranties of merchantability and fitness, are excluded.

Section 27. Authority
Each of the parties signing this Lease warrants that the party has the authority to enter into this Lease, and that each person signing is authorized to do so. Either Party may record a memorandum of Lease Agreement.

Section 28. Plural and Singular
The words "Landlord" and "Tenant" as used in this Lease shall include the plural as well as the singular.

Section 29. Time of the Essence
Time is of the essence in this Lease and all of its provisions.

Section 30. Examination of Lease
Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or option for lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant.

Section 31. Heirs, Successors, and Assigns
The agreements, conditions, and provisions contained in this Lease shall, subject to the provisions for assignment, apply to and bind the heirs, executors, administrators, successors, and assigns of the parties to it.

Section 32. Name of Building
Tenant shall not, without the consent of Landlord, use the name of the Building for any purpose other than as the address of the use and purpose to be conducted by Tenant in the Premises. 14 9/20/18
Section 33. Illegality or Unenforceability of Portion of Lease If any provision of this Lease is determined to be illegal or unenforceable, this determination shall not affect any other provision of this Lease, and all other provisions shall remain in full force and effect.

Section 34. Governing Law
This Lease shall be governed by and construed pursuant to law of the State of California.

PURCHASE OPTION
Tenant has the option to purchase the Real Property (40,000 square foot Building located at 199 North L Street, Dinuba, California and the lot located behind the Vocational Center, Assessor's Parcel Numbers 017-124-001, 017-124-002, 017-003 and 017-124-014) for a total purchase price of $2,700,000.00 (Two million seven hundred thousand dollars) prior to termination of the lease but no sooner than January 1, 2022. Property to be sold in an "as is" condition.

Tenant is to provide written notice to Landlord of its intent to exercise this purchase option, on or before 30 days prior to the end of the Lease term.

Should Tenant exercise purchase option, all lease payments made and security deposit payments shall be applied to the purchase price.

Any balance remaining will be due and payable at the close of escrow. Escrow to be opened with Chicago Title Company with escrow fees and costs shared equally between the parties.

Should Tenant not exercise purchase option, Landlord shall retain any and all lease payments made and the security deposit shall be released to Tenant except for any amounts the parties agreed to be withheld for repairs to Building caused by Tenant during the lease period.

The sale of the Real Property is contingent upon satisfactory release of any obligation, liens or encumbrances set forth the U.S. Economic Development Administration (EDA) grant, U.S. Housing and Urban Development (HUD) grant.

Section 35. Exhibits
The exhibits and addendum, if any, specified in the Basic Lease Information are attached to this Lease and by this reference made a part of it.
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Section 36. Accessibility Requirements
The following requirements are included herein by Landlord to comply with Cal. Civ. Code§ 1938:

D The Premises have not undergone inspection by a Certified Access Specialist (CASp).

D The Premises have undergone inspection by a Certified Access Specialist (CASp).

D Attached hereto is a copy of the current disability access inspection certificate.

D Tenant acknowledges that it has received at least 48 hours prior to the execution of this Lease a copy of the report prepared by the Certified Access Specialist (CA Sp) dated [ date of report], a copy of which is attached hereto as Exhibit [designation of exhibit] (the "CASp Report"). Tenants' initials [Landlord/Tenant] shall bear the cost of any work called for under the CA Sp Report.

D Tenant hereby agrees to keep and maintain the confidentiality of the CASp Report and will not disclose the contents thereof to any third party without first obtaining the written consent of Landlord, which consent Landlord may grant or withhold in its sole and absolute discretion, except as necessary for Tenant to complete repairs and corrections of violations of construction-related accessibility standards that Tenant agrees to make.

D Tenant acknowledges and agrees that a Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable constructionrelated accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CA Sp inspection, the payment of the fee for the CA Sp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
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IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above.

LANDLORD:

By:

Name .. ~E.~.~.~ .... '.!.~ED.~.~.~ ......... . Mayor, City of Dinuba By:

Name ................................................. .

Its:

TENANT:

By~~
Name .B.e.v..e.rly. ... K.e.el~W.ar.re 11
Dinuba USD Board President
Its:

By:W~-~
Miria ■ Cendejas Name ................................................ ..

Its: ... D.inuba ... USD. Boarq. Clerk
17 9/20/18

EXHIBIT A
Property Description
199 North L Street, Dinuba, California, known as the Vocation Training Center, along with adjacent parcel, comprising Assessor's Parcel Numbers 017-124-001, 017-124-002, 017-124-003 and 017-124- 014
18 19

EXHIBITB
Plat Map
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APN: 017-124-001
APN: 017-124-002
APN: 017-124-003
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APN: 017-124-014
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EXHIBIT C
Basic Lease Information
Date: August 1, 2018
Landlord: CITY OF DINUBA
Tenant: DINUBA UNIFIED SCHOOL DISTRICT
Premises: Vocational Training Center, 199 North L Street, Dinuba, California Term Commencement: November 1, 2018
Term Expiration: 42 months (May 1, 2022)
Rent: $.74 per square foot ($28,571.00) per month
Security Deposit: $600,000.00
Tenant's Address for Notice: 1327 East El Monte Way, Dinuba, California Landlord's Address for Notice: 405 East El Monte Way, Dinuba, California 20 9/20/18
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EXHIBITD
Building Description (First Floor)
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EXHIBIT D (Continued)
Building Description (Second Floor)
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SECOND FLOOR
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EXHIBITD
Building Description (Second Floor)
23 9/20/18

LEASE AGREEMENT
THIS LEASE ("Lease") dated November _1 __ , 2018, is entered into between CITY OF DINUBA ("Landlord"), and DINUBA UNIFIED SCHOOL DISTRICT ("Tenant").

AGREEMENT
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which are hereby acknowl~dged, the parties agree as follows:

Section 1. Definitions
As used in this Lease, the following capitalized terms are defined as follows. "Basic Lease Information" is attached to and incorporated in this Lease as Exhibit C hereto. "Building" means the building constructed on the Real Property located at 199 North L Street, Dinuba, California, known as the Vocational Training Center, and any property interest in the area and all other improvements on or appurtenances to the Real Property or the streets abutting the Real Property. The Building includes, but is not limited to, an office building with the first floor consisting of completed tenant improvements and the second floor consisting of unfinished open space as more particularly depicted in Exhibit D.
"Commencement Date" means the Commencement Date as set forth in the Basic Lease Information. "Deposit" is defined in Section 23 hereof.
"Event of Default" is defined in Section 16 hereof.
"Landlord" is defined in the preamble hereof.
1 ATTACHMENT 'A'
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"Legal Requirements" is defined in Section 13 hereof.
"Lease" is defined in the preamble hereof.
"Operating Expenses" means (a) all costs of management, operation, and maintenance of the Building, including without limitation: wages, salaries, and payroll burden of employees; property management fees and other related compensation; janitorial, maintenance, security, and other services; Building office rent or rental value; power, water, waste disposal, and other utilities; materials and supplies; maintenance and repairs; license costs; insurance premiums and the deductible portion of any insured loss under Landlord's insurance; and depreciation on personal property.
"Property" is defined in Recital A hereof.
"Real Property" is defined in Recital A hereof.
"Tenant" is defined in the preamble hereof.
"Term" is defined in Section 3 hereof.
"Termination Date" means the Termination Date in the Basic Lease Information.