Exhibit “B”: Conditions of Approval
1) MAPS AND PLANS
a. The developer shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Dinuba Municipal Code, by a registered civil engineer or licensed land surveyor.
The final tract map shall be digitally submitted to the City of Dinuba Public Works Department. The City maintains a “Final Map Submittal Requirements & Review Checklist” as a resource. b. The developer shall digitally submit to the City of Dinuba Public Works Department, a set of construction plans on 24" x 36" sheets for all required improvements. These plans shall be prepared by a registered civil engineer. All applicable plan check and inspection fees shall be paid with the first submittal of plans. All plans shall be approved by the City and all other involved agencies prior to the release of any development permits. The City maintains an “Improvement Plan Submittal Requirements & Review Checklist” as a resource. c. Prior to beginning any construction, or within twenty (20) calendar days after the approved plans are released by the City, the developer shall submit to the City of Dinuba Public Works Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any. d. Within twenty (20) calendar days after all improvements have been constructed and accepted by the City, the developer shall submit to the City of Dinuba Public Works Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT" for review and approval. As-Built drawings shall be revised in electronic format, a scanned or field copy of the construction plans will not be accepted. Pad Certification(s) will be required prior to construction of any structure on a lot.
2) GENERAL
a. The developer shall comply with all conditions set forth in Title 16 of the Dinuba Municipal Code (Subdivisions).
b. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby notified that the 90day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
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c. Applicant shall pay all applicable development impact fees at the rate in effect at the time of payment. The developer may be eligible for fee credits or fee reimbursements for over-sizing of facilities or construction of other eligible facilities included in the applicable City of Dinuba’s Impact Fee Study(s). The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements.
d. The developer shall furnish security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
e. The developer shall submit a soils report for approval by the City Engineer with the first submittal of the improvement plans.
f. The developer shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the developer to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the developer has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
g. The developer shall contact and address all requirements of the United States Postal Service for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction. h. The developer shall comply with and be responsible for obtaining encroachment permits from the City of Dinuba for all work performed within the City's right-of-way and easements. i. The developer shall install all improvements within public right-of-way and easements in accordance with the City of Dinuba standards, specifications, master plans, and record drawings. j. All existing overhead and any new utility facilities located on-site, and within the street right-of- way or easements along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer.
k. The developer shall provide and pay for all compaction testing required by the QAP (Quality Assurance Plan).Compaction test results shall be submitted to the City Engineer for review and approval.
l. If the overall development is to be built in phases, then each phase shall have adequate access as required by the City of Dinuba Police and Fire Departments, and the City Engineer. The developer shall submit a schedule showing the sequence of development within the area covered by the tentative map.
m. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
n. In order to provide for reasonable municipal protection during all phases of construction, the developer shall maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Dinuba Police and Fire Department, and City Engineer.
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o. The developer shall be responsible for all actions of his contractors and subcontractors during the course of any work occurring on the site. The developer shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the developer. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the developer or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the developer's representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the developer's expense.
p. The developers contractors shall not work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved.
3) DEDICATIONS AND STREET IMPROVEMENTS
a. The developer shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the all streets to City standards:
i. 56’ Interior Residential Streets:
i. Dedicate 56’ for public street and utility purposes. ii. Construct improvements as shown on the Tentative Map. Improvements shall include curb and gutter, sidewalk, drive approaches, curb ramps, street lights, and permanent paving.
ii. El Monte Way
i. El Monte Way Street improvements will be required upon the start of the commercial complex to the south of the subdivision. A separate set of conditions of approval will be prepared for the commercial complex. iii. Developer shall have a landscape median island for both entrances (East Bolinger Way and Edward Place) into the subdivision. The landscape median islands shall be a minimum of 30 feet in length and shall follow the current City of Dinuba Public Improvement Standards.
iv. Improvements shall include curb and gutter, parkways with street trees, sidewalk, drive approaches, curb ramps, street lights, landscape and irrigation, and permanent paving. b. Developer shall dedicate a 6’-10’ public utility easement (width as required by affected utility companies) along all streets and all other locations requested by utility companies. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.
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c. Developer shall provide a preliminary title report, legal description, and drawings for all dedications required that are not within the boundary of the subdivision. d. The developer shall install streetlights in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at traffic signal locations shall be installed on approved traffic signal poles. Streetlights shall be owned and maintained by City of Dinuba. Developer shall prepare a street lighting plan for approval by the City Engineer. e. Developer shall provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within the development. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer.
f. All street and traffic control sign posts shall be painted gloss black. g. Curb ramps shall be provided at all intersections in conformance with City Standards. h. As part of street dedications, developer shall provide corner cut-offs at all street intersections.
Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps. i. The developer shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer.
____Street Designation Minimum Section_____________
Local Street 2” HMA/6” AB CLII AB/6” CNS
Collector Street 3” HMA/8” AB CLII AB/6” CNS
j. Standard barricades, per City Standard, with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer. k. The developer shall, at the end of any permanent pavement abutting undeveloped property, install 2”x6” redwood header boards placed prior to street paving. l. All knuckles and cul-de-sacs shall be designed in accordance with City Standards. m. Temporary paved cul-de-sacs shall be provided at the end of any dead-end streets, planned for future extension, longer than 150’. Minimum radius shall be provided to allow turnaround of emergency equipment.
n. Developer shall dedicate an easement for fire access to El Monte Way from the subdivision. This access lane shall be paved just like a local street.
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4) SANITARY SEWER IMPROVEMENTS
a. The developer shall identify and abandon all existing septic systems per City Standards and any other governing regulations.
b. The nearest sanitary sewer main available to serve the development is on El Monte Way adjacent to the new proposed development. The developer shall connect to this existing sewer. The developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.
c. The developer shall remove the existing sanitary sewer lift station in front of McDonalds on the NE corner of El Monte Way/Crawford and construct a new permanent sanitary sewer lift station with City access for maintenance purposes. During the construction of the new lift station, the developer will be responsible for tying back in any existing connections to the existing lift station. Location of proposed sanitary sewer lift station will be approved by the City Engineer. d. The developer shall install sanitary sewer mains of the size and in the locations indicated below:
i. El Monte Way: Install 18” sewer main east along El Monte Way from connection point to opening of subdivision.
ii. Interior Streets: Install 8” sewer mains throughout development. e. The developer shall dedicate a minimum 15’ wide easement for all onsite sewer mains not located in otherwise dedicated rights-of-way, if applicable.
f. The developer shall install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards.
g. The developer shall install a 4” sewer service branch to each commercial lot along the south side of El Monte Way along the frontage of the proposed development. 5) WATER IMPROVEMENTS
a. The developer shall identify and abandon all existing water wells per City Standards and any other governing regulations.
b. The developer shall install water mains of the sizes and in the locations indicated below and provide an adequately looped water system. The developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. i. Crawford Avenue: Install 8” water main along the east side of the site to the northeast boundary of site.
ii. El Monte Way: Install 8” water main from the point of connection in El Monte Way into the development.
iii. Interior Streets: Install 8” water mains throughout development.
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c. The developer shall dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rights-of-way, if applicable. d. The developer shall install a City Standard water service, size as necessary, to each lot within the development in accordance with City Standards. e. The developer shall install a City Standard landscape water service, size as necessary, to each public landscape area within the development in accordance with City Standards. f. The developer shall install one (1) water sampling station in accordance with City Standards. The location shall be determined by the City Engineer. g. No water service connection shall be made to the City of Dinuba Water System until a bacteriological report has been accepted by the City Engineer. h. Fire hydrants shall be installed at locations approved by the Fire Department. Fire hydrants and curbs shall be painted per City Standards. 6) GRADING AND DRAINAGE
a. The developer shall, for construction activity prior to clearing, grading or excavation on one (1) acre or more of land area or are part of a larger common plan of development or sale, obtain a NPDES permit and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer. b. Plans for the required storm drainage systems shall be prepared by a registered civil engineer and conform to the City of Dinuba Storm Drain Design Guidelines (Attachment ‘F’), Developer’s engineer shall implement best management practices (BMPs) outlines in the Design Guidelines for peak flow reduction. The BMPs recommended in the report are designed to accommodate either the 85th percentile storm (0.32 inches) or the 100-year, 24-hour storm.
c. A percolation test signed and sealed by a California registered civil or geotechnical engineer shall demonstrate that BMPs can completely infiltrate within 96 hours. d. The developer will be required to design and construct the storm drain master plan basin adjacent to the easterly limits of the subdivision. All storm drain piping necessary for the development will not be reimbursable unless it is necessary for storm drain master plan facilities. City will reimburse the oversized piping costs. i. It is the developer's responsibility to retain stormwater onsite generated by the proposed improvements. Sizing of the basin shall follow the City of Dinuba Storm Drain Design Guidelines.
ii. Any temporary basins constructed will be dedicated back to the City upon the permanent storm drainage basin completion.
e. Developer’s engineer shall prepare hydrology and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by Dinuba City Council
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the City Engineer. Developer’s engineer shall consult with City Engineer for calculation requirements.
f. Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City Standards.
Any retaining walls required 12” or higher shall be masonry or concrete construction and any retaining walls required less than 12” may be wood, masonry, or concrete construction. All retaining walls shall be designed by a registered civil engineer. g. Prior to the approval of grading plan, approvals and permits from the San Joaquin Valley Air Pollution Control District shall be obtained. The Project shall comply with all rules, regulations and conditions of approval imposed by the District. h. The developer shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The developer shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction.
i. The developer is required to follow and adhere to all City Ordinances and FEMA requirements when developing the subdivision. Part of the requirement is calculating the BFE in order to ensure the lots are graded above the BFE. 7) LANDSCAPING AND IRRIGATION
a. The developer, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of- way and all other areas reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Dinuba Standard Drawings (Attachment ‘C’), Landscape Design Guidelines (Attachment ‘D’), Low Impact Development Technical Memo (Attachment ‘E’), and the California Model Water Efficiency Ordinance. Public landscaping and irrigation shall be installed in the following locations:
i. The developer will be required to construct a park. The plans shall be prepared by a registered landscape architect and shall be approved by the City of Dinuba. The park shall consist of a play structure, a half-court basketball court, ample lighting, seating, walkways, and other various park amenities.
ii. Landscaping within landscape strip along block wall and within the median island along Crawford Avenue.
b. The property owner shall request annexation to the City’s Community Facilities District (CFD). The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map. The property owner shall consent to the first-year assessment and annual increases per the provisions of the CFD. The property owner/developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a CFD. Said notification shall be in a manner approved by the City. The property owner/developer shall supply all necessary assessment diagrams and other pertinent materials for the CFD annually Dinuba City Council
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until the entire tract is built out or for three years after annexation to the district, whichever is longer.
c. The developer shall contact and address all requirements of the Alta Irrigation District (AID). The developer will be required to underground the existing AID (Alta Irrigation District) canal along the frontage of the existing residence currently surrounded by the subdivision. This may also include, but not be limited to, dedicating easements, piping or relocating any existing AID canals or ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings. Plans for these requirements and improvements shall be included in the previously required set of construction plans and submitted to and approved by AID prior to the release of any development permits or recording of the final map. If an AID or private irrigation line is proposed to be abandoned, the developer shall provide waivers from AID and all downstream users. d. The developer shall indicate on construction drawings the depth, location and type of material of any existing AID irrigation line along the proposed or existing street rights-of-way or onsite. Any existing canals or ditches shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer. e. All existing onsite agricultural irrigation systems either onsite or within public rights-of-way, whether AID or privately owned shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of the development. Therefore, the developer shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development. The developer shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer. The developer shall consult with the AID for any additional requirements for lines to be abandoned, relocated, or piped. The developer shall provide waivers from all users in order to abandon or modify any irrigation systems or for any service interruptions resulting from development activities.
8) MISCELLANEOUS
a. It shall be the responsibility of the developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer. b. The developer shall provide clean-up, street sweeping and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance. At any time, developer is deemed to be non-compliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance. c. The developer shall install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A Dinuba City Council
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licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance d. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set.
Upon payment to the engineer or surveyor for setting the final monuments, the developer shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
e. A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.
f. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer. g. The developer shall install concrete masonry block walls in accordance with City Standards, with a minimum height of 6’-8” feet above the high side ground elevation, and of a design and color approved by the City of Dinuba Planning Department at the following locations:
i. Crawford Avenue: Along the west side of Lot 24, Along the west side of Lots 1-7, Along the west side of Lots 39-40.
ii. Along the entire south side of the subdivision. From Lots 40 to 54. iii. Along either side of the concrete sidewalk Paseo (West side of Lot 48 and East side of Lot 47)
iv. Along the northerly limits of the future Park (South side of Lots 38 & 99) v. Masonry block walls that retain more than 8” shall be designed by a registered civil engineer.
h. The project shall comply with the requirements of the Dinuba Fire Department, Dinuba Police Department and the City’s solid waste contractor (Pena’s Disposal). 9) PLANNING AND DEVELOPMENT
a. Floor plans and facades of homes shall vary on each lot. No two same floor plans shall be located adjacent to one another. Further, no two of the same front façade designs shall be located adjacent to one another. The developer shall provide a map to the Dinuba Planning Department showing façade types and floor plans of the entire subdivision to ensure consistency with this requirement.
b. Homes constructed on lots along the north perimeter of the site (specifically lots no. 24-31 and lots no. 76-83 shall be limited to one story (no two story (or higher) homes are permitted and further a restriction to this effect shall be included on the deed to each lot.
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10) ENVIRONMENTAL MITIGATION MEASURES
Biological Resources
BIO-1
1. To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August.
2. If it is not possible to schedule construction between September and January, preconstruction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests will be disturbed during Project implementation. A preconstruction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact area for nests. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction-free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.
Cultural Resources
CUL – 1
Should evidence of prehistoric archeological resources be discovered during construction, the contractor shall halt all work within 25 feet of the find and the resource shall be evaluated by a qualified archaeologist. If evidence of any archaeological, cultural, and/or historical deposits is found, hand excavation and/or mechanical excavation shall proceed to evaluate the deposits for determination of significance as defined by the CEQA guidelines. The archaeologist shall submit reports, to the satisfaction of the City of Dinuba, describing the testing program and subsequent results. These reports shall identify any program mitigation that the project proponent shall complete in order to mitigate archaeological impacts (including resource recovery and/or avoidance testing and analysis, removal, reburial, and curation of archaeological resources).
CUL – 2
In order to ensure that the proposed project does not impact buried human remains during construction, the project proponent shall be responsible for on-going monitoring of project construction. Prior to the issuance of any grading permit, the project proponent shall provide the City of Dinuba with documentation identifying construction personnel that will be responsible for on-site monitoring. If buried human remains are encountered during construction, further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall be halted until the Tulare County coroner is Dinuba City Council
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contacted and the coroner has made the determinations and notifications required pursuant to Health and Safety Code Section 7050.5. If the coroner determines that Health and Safety Code Section 7050.5(c) require that he give notice to the Native American Heritage Commission, then such notice shall be given within 24 hours, as required by Health and Safety Code Section 7050.5(c). In that event, the NAHC will conduct the notifications required by Public Resources Code Section 5097.98. Until the consultations described below have been completed, the landowner shall further ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices where Native American human remains are located, is not disturbed by further development activity until the landowner has discussed and conferred with the Most Likely Descendants on all reasonable options regarding the descendants' preferences and treatments, as prescribed by Public Resources Code Section 5097.98(b). The NAHC will mediate any disputes regarding treatment of remains in accordance with Public Resources Code Section 5097.94(k). The landowner shall be entitled to exercise rights established by Public Resources Code Section 5097.98(e) if any of the circumstances established by that provision become applicable
Transportation/Circulation
TRA-1:
The Applicant shall pay the City of Dinuba for their Fair Share Portion of intersection and roadway improvements (described in Tables 1 and 2 below) to maintain or improve the operational level of service of the street system in the vicinity of the Project.
Table 1
Future Intersection Improvements
# Intersection Total Improvements
Required by 2043 Project Share
2 Crawford Ave. & Saginaw
Ave. Signal 9.57%
7 Crawford Ave. & Sierra Way Signal 11.42%
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Table 2
Future Roadway Improvements
TRA-2
The applicant shall install ADA compliant ramps at the following locations prior to issuance of occupation permits:
• Two (2) ADA compliant curb ramps at Roberts Place & Bolinger Way • Two (2) ADA compliant curb ramps at Akers Way & Bolinger Way • Two (2) ADA compliant curb ramps at Akers Way and Palm City Council Staff Report
Department: CITY MANAGER'S OFFICE December 12, 2023
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject:
Approve Updated Agreement with the Dinuba Chamber of Commerce (DJ)
RECOMMENDATION
Council to approve updated agreement with the Dinuba Chamber of Commerce for services rendered to the community.
EXECUTIVE SUMMARY
The City of Dinuba and Dinuba Chamber of Commerce have been operating under a partnership agreement for many years. The current agreement was established in 1989, and last updated in 2004. This new agreement aims to establish clearer terms with regard to financial transparency and expectations of duties and responsibilities of both agencies.
OUTSTANDING ISSUES
None.
DISCUSSION
The City of Dinuba entered into an agreement with the Dinuba Chamber of Commerce in 1989 to take over the annual Raisin Day festival and promote the business community. The city contributes a portion of business license revenues to the Chamber for these activities.
Under an agreement which was first established in 1989 between the City of Dinuba and the Dinuba Chamber of Commerce, the Dinuba Chamber of Commerce (Chamber) facilitates the annual Raisin Day Festival event, which brings the community together for four days of entertainment, food and craft booths, carnival rides, and the Raisin Day Parade. In addition to this event, and other community events, the Dinuba Chamber of Commerce has organized other community events that benefit the community, supports economic development, job-creation, and attracting and retaining businesses in the city for many years. In exchange for these valuable services, the City of Dinuba shares a portion of business license revenue with the Dinuba Chamber of Commerce in order to ensure that the organization remains solvent and has the resources to perform the aforementioned duties to the best of their ability, and without interruption.
The current agreement between the City of Dinuba and Dinuba Chamber of Commerce was established in 1989, and updated in 2004. City and Chamber staff have met on several occasions regarding the goals of an updated agreement. Both agencies desire to strengthen the partnership, improve financial transparency, and encourage joint participation in the economic growth and prosperity of the community.
In order to ensure the highest level of communication and transparency, and service to the community, both agencies have agreed that an updated agreement which modernizes the terms, duties, and other language within is in the best interest of each respective agency, and the community at large. With this in mind, City staff has worked closely with Chamber staff and the Chamber Board of Directors to develop an updated agreement. The draft agreement is attached herein as 'Attachment A.' No changes to financial contributions have been made as part of the terms of the new agreement. Revisions to the terms of the new agreement include but are not limited to additional reporting requirements for the use of City funds which will satisfy the financial auditing and reporting requirements that the City must adhere to in all financial dealings. In addition, the new language designates the Chairperson of the Chamber Board of Directors as the Board liaison to the City Council (or its designated representative), for the purposes of discussions related to the use of Cityprovided funding and ensuring that the city-provided funding is dedicated to the benefit of the entire business community, and to coordinate and facilitate action for the promotion of business development within the city.
Staff has met with the Executive Director and Chair of the Chamber to discuss and review the revised agreement. The City and Chamber agree that the agreement needs to be modernized reflecting improved financial transparency and clear expectations of duties and responsibilities of both agencies. Staff recommends City Council adopt the subject agreement with the Dinuba Chamber of Commerce and authorize the City Manager or designee to execute the agreement.
FISCAL IMPACT
No financial changes will be made as part of the updated agreement with the Dinuba Chamber of Commerce.
PUBLIC HEARING
None required.
ATTACHMENTS:
Description
A. Dinuba Chamber of Commerce Funding Agreement
1 AGREEMENT BETWEEN DINUBA CHAMBER OF COMMERCE AND THE CITY OF DINUBA This Agreement is entered into this ____ day of December, 2023, by and between the City of Dinuba (hereinafter "CITY") and the Dinuba Chamber of Commerce. (hereinafter, “CHAMBER”) as follows:
R E C I T A L S
WHEREAS, the CITY has established economic growth as one of its important priorities; and WHEREAS, the CITY has invested considerable time and effort to encourage commercial and industrial growth and ensure the economic vitality of existing commercial areas; and WHEREAS, the CITY recognizes that the success of such programs requires the cooperation and participation of the private sector;
WHEREAS, the CITY is authorized by law to provide public funding for the support of activities that are consistent with its powers and that assist the general welfare of its community members; and WHEREAS, the CHAMBER organizes and supports events that benefit the City of Dinuba community, supports City economic development, job-creation, and attracting and retaining businesses in the City; and further represents through its membership many business owners, operators, and individuals who will be either directly or indirectly affected by future economic efforts; and WHEREAS, the CITY desires to strengthen its relationship with the CHAMBER and encourage its participation in the economic growth of the City.
NOW, THEREFORE, the parties agree as follows:
1. Term The term of this Agreement will be for a period of one year and will automatically renew each year, until one of the parties to this Agreement terminates or amends this Agreement by providing 30 days’ written notice to the other party.
2. Consideration
CHAMBER shall do all the following:
(a) Keep the City Council informed of all endeavors related to this Agreement through close coordination and briefing of the City Manager or his or her designee, and as further described in this Agreement.
(b) Financial Reporting. Deliver quarterly financial reports prior to distribution of City-provided funding and Present City Council with annual financial and activities summary reports, that account for the specific uses of the funding provided by the City. Financial reports shall be provided a minimum of one (1) week prior to the presentation to the City Council, and clearly delineate and summarize all expenditures related to the use of CITY funds (described below), as listed herein, and show a clear nexus to the approved use of the total amount of funds allocated to the CHAMBER in the current fiscal year. Reports shall include a summary of community and business promotional activities, business assistance activities, economic and community development activities, and activities related to annual and new events. Provide annual audit reports/opinion confirming that the Chamber’s financial statements present fairly, in all 2 material respects, the financial position of the Chamber, and provide all annual financial statements reflecting the expenditures of the City-provided funding. (c) Provide complete and responsive information in response to City staff inquiries regarding the community of Dinuba, including support for CITY projects, grant applications, and activities, and with regard to the use of City funding within the community. (d) Utilize the City funding to support the needs of all current and prospective local businesses, regardless of Chamber membership status through professional services and coordination of information vital to their economic success.
(e) Provide support and use of Chamber facilities for scheduled city activities including but not limited to: economic development, Leadership Northern Tulare County (LNTC) program, Cinco de Mayo activities, and market studies.
(f) Promote and initiate contacts with existing and potential businesses and industries. (g) Respond to and follow-up on all business inquiries for location and relocation within the CITY, supporting and coordinating with the City Manager and CITY staff. (h) Facilitate annual community festivals and events, and continue to work toward making any such events self-supporting. Solicit local service clubs and the community to back the costs of the events/festivals through volunteer work or donations. Make every effort to preserve the history and traditions associated with the events (such as the Dinuba Raisin Festival event), and its associated activities. Comply will all City regulations, policies, permits, and procedures with regard to the closure of public facilities and/or streets for said events. (i) Work toward the further development of printed and audio-visual media, online and social media, and other means of promoting the city, and encourage business and industrial members of the community to increase their participation in such activities. (j) Designate the Chairperson of the Chamber Board of Directors as the Board liaison to the City Council and or its designated representative, for the purposes of discussions related to the use of City-provided funding, and ensuring that the City-provided funding is dedicated to the benefit of the entire business community, and to coordinate and facilitate action for the promotion of business development within the City.
CITY shall do the following:
(a) Following completion of all services and activities listed above, and acceptance of the Dinuba City Council, provide to the CHAMBER the sum of forty percent (40%) of the proceeds to the CITY from the CITY's annual business license fees. Funds shall be used only in accordance with the activities outlined in Section No. 2 above, and shall be paid on a quarterly basis.
3. Independent Contractor. CHAMBER is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of CITY. CHAMBER shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. 3 The personnel performing the services under this AGREEMENT on behalf of CHAMBER shall at all times be under CHAMBER's exclusive direction and control. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CHAMBER or any of CHAMBER's officers, employees or agents, except as set forth in this AGREEMENT. CHAMBER shall not at any time or in any manner represent that CHAMBER or any of CHAMBER's officers, employees or agents are in any manner officials, officers, employees or agents of CITY.
Neither CHAMBER, nor any of CHAMBER' officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CHAMBER expressly waives any claim CHAMBER may have to any such rights.
4. Standard of Performance. CHAMBER represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CHAMBER shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CHAMBER shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CHAMBER under this AGREEMENT.
5. Compliance with applicable laws, permits and licenses. CHAMBER shall keep itself informed of and comply with all applicable federal, State and local laws, statutes, codes, ordinances, regulations, rules, and policies in effect during the term of this AGREEMENT. CHAMBER shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY shall be liable at law or in equity as a result of any failure of CHAMBER to comply with this section.
6, Nondiscrimination. CHAMBER shall not discriminate in any way against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, or any other classification as protected by law in connection with or related to the performance of this AGREEMENT.
7. Conflicts of Interest. CHAMBER covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CHAMBER's performance of services under this AGREEMENT. CHAMBER agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
8. Indemnification. To the fullest extent permitted by law, the Chamber shall hold harmless, defend and indemnify the City, its agents, officers, employees and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Chamber’s performance of obligations under this Agreement and Amendment or out of the operations conducted by the Chamber, including the City’s active or passive negligence, except for such loss or damages arising from the sole negligence or willful misconduct of the City.
4 9. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from the Chamber’s performance of this Agreement and Amendment, the Chamber shall provide a defense to the City’s Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims. This indemnification obligation shall continue beyond the term of this Agreement and Amendment as to any acts or omissions occurring under this Agreement and Amendment or any extension of this Agreement.
10. Insurance. CHAMBER shall, throughout the duration of this Agreement, maintain insurance to cover CHAMBER (including its agents, representatives, subcontractors, and employees) in connection with the performance of services under this Agreement. This Agreement identifies the minimum insurance levels with which CHAMBER shall comply; however, the minimum insurance levels shall not relieve CHAMBER of any other performance responsibilities under this Agreement (including the indemnity requirements), and CHAMBER may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Agreement by the CHAMBER, and prior to the commencement of any services, the CHAMBER shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. CHAMBER shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement.
CHAMBER shall maintain insurance at the following minimum levels during the term of this agreement and provide a certificate of insurance and additional insured endorsement acceptable to CITY which certifies that CHAMBER will provide standard workers' compensation, comprehensive general liability and comprehensive vehicle liability as follows:
i. Commercial General Liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. a. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
b. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
c. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident.
iii. Workers’ Compensation and Employers’ Liability
a. Vendor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to 5 City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Dinuba Chamber of Commerce shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.
The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City, including specific and individual coverages for all events no later than two (2) weeks prior to the event.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
11. Assignment. The expertise and experience of CHAMBER are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon CHAMBER under this Agreement. In recognition of that interest, CHAMBER shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of CHAMBER' duties or obligations under this Agreement without the prior written consent of the City Council, which may be withheld for any reason. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling CITY to any and all remedies at law or m equity, including summary termination of this Agreement.
12. Continuity of Personnel. CHAMBER shall make every reasonable effort to maintain the stability and continuity of CHAMBER' staff assigned to perform the services required under this Agreement. CHAMBER shall notify CITY of any changes in CHAMBER' staff assigned to perform the services required under this AGREEMENT, prior to any such performance.
13. Termination of Agreement. CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CHAMBER. CHAMBER may terminate this AGREEMENT at any time upon thirty (30) days written notice of termination to CITY. If either CHAMBER or CITY fail to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, either CHAMBER or CITY may terminate this AGREEMENT immediately upon written notice and failure of the other party, within ten days (or a time period mutually accepted in writing by the parties) to cure the violation.
CHAMBER shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CHAMBER. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of CITY, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
6 14. Notices. All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
///
To CITY: To CHAMBER:
Luis Patlan Yvette Trevino, President
City Manager. City of Dinuba Dinuba Chamber of Commerce 405 East El Monte Way 210 North "L" Street
Dinuba, California 93618 Dinuba, California 93618
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
15. Authority to Execute. The person or persons executing this AGREEMENT on behalf of CHAMBER represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CHAMBER to the performance of its obligations hereunder.
16. Binding Effect. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
17. Modification of Agreement. No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CHAMBER and by the CITY. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
18. Waiver. Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CHAMBER shall not constitute a waiver of any of the provisions of this AGREEMENT.
19. Law to Govern, Venue. This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. This Agreement is entered into and is to be performed in Tulare County. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Tulare. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in Fresno. To the fullest extent permitted by law, the parties waive the right of removal provisions set forth in California Code of Civil Procedure Section 394.
20. Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
21. Entire Agreement. This AGREEMENT, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements 7 or understandings, whether oral or written, or entered into between CHAMBER and CITY prior to the execution of this AGREEMENT. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
21. Severability. If any term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
Signed this ____ day of December, 2023.
Luis Patlan NAME
City Manager, City of Dinuba President, Dinuba Chamber of Commerce City Council Staff Report
Department: CITY CLERK December 12, 2023
To: Mayor and City Council
From: Maria Alaniz, City Clerk/Human Resources Director Subject: Liability Claim (MA)
RECOMMENDATION
Pursuant to GC 54956.95; Claimant(s): Fortino Reyna.
Agency Claimed Against: City of Dinuba.
EXECUTIVE SUMMARY
OUTSTANDING ISSUES
DISCUSSION
FISCAL IMPACT
PUBLIC HEARING
City Council Staff Report
Department: CITY MANAGER'S OFFICE December 12, 2023
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Conference with Real Property Negotiators
RECOMMENDATION
Pursuant to GC 54956.8, Sale of Real Property; Property: APN(s): 017-290-015 Agency Negotiator(s): Luis Patlan, City Manager and Daniel James, Assistant City Manager
Under Negotiation: Letter of Intent to Purchase
EXECUTIVE SUMMARY
OUTSTANDING ISSUES
DISCUSSION
FISCAL IMPACT
PUBLIC HEARING