Agenda — Farmersville City Council, September 9, 2024

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, September 9, 2024, 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows:

Please dial 1-669-900-6833
Meeting ID: 836 7871 3184
Password: 353782
Call to Order:

Roll Call:

Invocation:

Pledge of Allegiance:

5. Public Comment:

Provides an opportunity for members of the public to address the City Council on items of interest to the ublic within the Council's jurisdiction and which are not already on the agenda this evening. It is th olicy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

6. Presentations:

Introduction and Swearing in for Fire Lieutenant Stuart Nickels.

7. Consent Agenda:

Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.

Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.

B. Minutes of Regular City Council Meeting of Aug. 26, 2024 Recommend approval of minutes.

Documents: Draft Action Minutes of August 26, 2024
Draft Action Minutes of September 3, 2024, Special Meeting Adopt Urgency Ordinance 526 prohibiting a convicted felon from holding elective office.

Documents: Ordinance 526

8. General Business
A. Procure Irrigation Contractor for Roy's Park
•
Recommend that the City Council approve the RFP process for the irrigation and landscaping of Roy's Park.

B. Operations and Maintenance Agreement Tulare County and The City of Farmersville Hwy 198.

Recommend that the City Council approve the agreement for the Operations and Maintenance for Hwy 198.

Documents: Agreement
Vicinity Map
C. Fees related to Sierra Woods.

Recommend that the City Council approve the request for the Sierra Woods developer to pay half of the planning and permits fees now, and the remaining half when the City is ready to submit documents to LAFCo.

Documents: Site Plan
Fees
•

9. Council Reports
A. City Council Updates and Committee Reports
:

10. Staff Communications:

A. Staff Updates and Reports

11. Future Agenda Items:

Description Responsible Party Agenda Date
Amend Ordinance- Temporary Outdoor Use Permit & Code City Manager Oct. 2024 Water Restrictions Public Works Director
Transit Services with Visalia Transit and TCRTA City Manager TBD Downtown Drinking Fountain Public Works Director
Pre-Approved ADU Plans and ADU Flyer City Manager TBD
Self Help presents on Programs City Manager TBD
Community Garden City Manager TBD
Strategic Planning & year end financials Finance Director 9/23 meeting Boys & Girls Club funding request City Manager 9/23 meeting Council Handbook Update City Manger Oct. 2024

12. Adjournment to Closed Session:

A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 5 cases

NOTICE TO PUBLIC
The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting so that staff may make arrangements to accommodate you.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City's offices during normal business hours.

CITY OF
Minutes

FARMERSVILLE
Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, August 26, 2024, 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows:

Please dial 1-669-900-6833
Meeting ID: 844 7046 6179
Password: 439941
Call to Order: 6:00 pm
Roll Call:

Title Status Arrived
Mayor Hernandez present 6:00 pm
Mayor Pro Tem Valdovinos present 6:00 pm
Council Member Gomez present 6:00pm
Council Member Boyer present 6:00 pm
Council Member Hinojosa present 6:00 pm
Invocation: Mayor Hernandez
Pledge of Allegiance: Mayor Hernandez

5. Public Comment: None given
Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

6. Presentations:

7. Consent Agenda:

A. Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.

B. Minutes of Regular City Council Meeting of Aug. 12, 2024 Recommend approval of minutes.

Documents: Draft Action Minutes of Aug. 8, 2024, Special Meeting Draft Action Minutes of Aug. 12, 2024
Finance Update for July 2024: Warrant Register and Investment Summary Recommend that the City Council

1. Approve the Warrant Register as presented for the period.

Period represents warrants issued for the current Fiscal Years 2023-24 and 2024-25.

2. Accept the Investment Summary as presented for the period. • This reporting represents an investment summary for the previous month.

Documents: Warrant Register
Treasurer Report
D.. Declaration of property as surplus and disposition of the surplus property (vehicles)
Recommend that the City Council to declare five Public Works Department vehicles as surplus and authorize staff to move forward With disposition of surplus property as listed.

Auto Aid Agreement with Tulare County Fire Department
Documents: Auto Aid Agreement.
•
Motion to approve as presented.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Gomez
SECONDER Mayor Pro Tem Valdovinos
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT

ABSTAIN
•
General Business
A. Local Hazard Mitigation Plan
Recommend that the City Council adopt resolution 2024-050 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan for the City of Farmersville.

Documents: Resolution 2024-050
Hazard Mitigation Annex Plan
Assembly Bill 2140 Fact Sheet
Interim City Manager Mike Schulte presented the Local Hazard Mitigation Plan to the Council, highlighting that the plan is a proactive measure designed to enhance the safety and resilience of the City of Farmersville. The plan aims to identify potential risks nd implement strateaies to miticate these hazards
Councilmember Gomez inquired whether there was any outreach efforts planned to inform and engage residents in the event of a disaster.

Motion to approve as presented.

RESULT APPROVED (UNANIMOUS)
MOVER Mayor Pro Tem Valdovinos
SECONDER Councilmember Gomez
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT

ABSTAIN
B. Downtown Farmersville Specific Plan
Recommend that the City Council receive the information contained regarding the Downtown Specific Plan and provide comments and direction to staff.

This item was tabled until the next council meeting September 9, 2024.

Motion to approve tabled until the next council meeting.

RESULT APPROVED (UNANIMOUS)
MOVER Mayor Pro Tem Valdovinos
SECONDER Councilmember Gomez
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT
ABSTAIN 0
Councilmember Boyer expressed a desire to discuss the Downtown Specific Plan further before it is brought back to the Council on the September 9th meeting. He emphasized the need to explore more options beyond the proposed conversion of Farmersville Blvd. to a single lane.

Councilmember Gomez expressed that he would also like more options to the Downtown Specific Plan.

Public Comment
Alice Lopez, a resident of Farmersville, voiced her concerns about the proposal to convert Farmersville Bivd. to a single lane, stating her disagreement with the idea. She also expressed her desire to see the Downtown area enhanced with lighting and possibly music to create a more inviting atmosphere for residents walking in the area.

Ricardo Maldonado, a resident of Farmersville would like Farmersville Blvd. kept to two lanes and would like a survey sent out to residents.

Jorge Vasquez, a resident of Farmersville, requested that a traffic study be conducted.

He also raised concerns about how the proposed changes might impact first responders, questioning whether it would increase their response times to emergencies.

C. Emergency Ordinance 526
Recommend that the City Council adopt Urgency Ordinance 501 Prohibiting a convicted felon from holding elective office.

Documents: Ordinance 526.

Interim City Manager Mike Schulte reviewed with the Council the proposed Urgency Ordinance prohibiting felons from holding elective office.

Change Ordinance to read:
*Whereas, the City Council of the City of Farmersville wishes to codify that no person who has been convicted of a felony in this State or on felony probation, or through no contest or guilty pleas in the past ten (10) years.
*Any person shall be disqualified from being an elective officer of the City of Farmersville if that person has been convicted of a felony probation, or through no contest or guilty pleas in the past ten (10) years. Prior to running for elective office, a candidate is required to execute, under penalty, or on felony probation, or through no contest or guilty pleas in the past ten (10) years.

Due to a conflict-of-interest Councilmember Gomez and Mayor Pro Tem Valdovinos were recused from this item.

Mayor Hernandez opened public comment at 6:31 pm and closed public comment at 6:32pm.

Alice Lopez, a resident of Farmersville, asked if probation would count as part of the 10 years before someone with a felony can apply for City Council.

Motion to approve with changes to paragraph in ordinance.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Boyer
SECONDER Councilmember Hinojosa
AYES Hernandez, Boyer, Hinojosa
ABSENT
RECUSED Mayor Pro Tem Valdovinos, Councilmember Gomez
D Approve Contract with Community Services Employee Training (CSET) for Senior Services.

Recommend that the City Council approve the contract with SET for Senior Services.

Documents: Contract.

Interim City Manager Mike Schulte tabled this item to allow for further research on the contract.

9. Council Reports
• A. City Council Updates and Committee Reports
Councilmember Hinojosa requested that addresses be displayed at the City Parks. He also asked about having "stop sign ahead" painted on the road and/or installing a rumble strip at the intersection of Farmersville Blvd. and Ash. Additionally, Mr. Hinojosa inquired about the date of the next Strategic Planning Meeting.

Councilmember Boyer asked whether the speed limit signs on Farmersville Blvd are correct in both directions leading to the roundabout. He also noted that the pruned trees look nice but mentioned that a few still need additional pruning. Additionally, Mr. Boyer pointed out that the gutter at the Boys and Girls Club is falling off. Mr. Boyer also requested that KDWCD do a presentation.

Councilmember Gomez asked if the speed limit sign near Glenn's Mini Storage could be moved. He also thanked the Fire Department for allowing him to participate in a ride- along.

Mayor Pro Tem Valdovinos inquired about the trees being trimmed on Farmersville Blvd.

Mayor Hernandez thanked everyone for their hard work. She also inquired about plans for a September 11th memorial. Additionally, Mayor Hemandez requested that the police department monitor speeding vehicles on Costner.

Acting City Manager Michae/ Schulte informed the Council that he had a meeting regarding the Fall Festival and will have a follow-up meeting on September 9th. He reminded the Council that Taco Tuesday is on August 27th. He also mentioned that he had a meeting with Smee Homes and Self Help, and that plans for a new medical clinic have been submitted to the Planning Department.

10. Staff Communications:

A. Staff Updates and Reports
Director of Finance and Administration Steve Huntley informed the Council that he is currently catching up on work in the Finance Department and will be putting together a Budget Book. He also asked if any Councilmembers would like a copy of the Budget Book.

City Engineer Elsa Mejia informed the Council that she is currently working on the 2024 Road Improvement Project.

Public Works Director Steven Thompson informed the Council that he is currently working on improvements at Roy's Park. He also mentioned that he is acquiring paint to ensure all the park bathrooms are the same color and to refresh the paint on the splash pad.

Battalion Chief Thomas informed the Council that the water tender is currently at the Coffee Pot Fire for 2 weeks with the possibility of an extension. Additionally, Code Enforcement will start Fire Inspections next month.

11. Future Agenda Items:

Agenda
Description Responsible Party Date
Amend Ordinance- Temporary Outdoor Use Permit City Attorney Site Visits to Woodlake, Exeter, and Lindsay Acting City Manager Water Restrictions Public Works Director
Update City Ordinance related to Code Enforcement City Attorney Transit Services with Visalia Transit and TCRTA Acting City Manager Downtown Drinking Fountain Public Works Director
Red curb @ N. Matthew and W. Walnut City Engineer
Pre-Approved ADU Plans and ADU Flyer City Attorney
Self Help presents on Single-Family Low-Income Housing Acting City Manager Community Garden Acting City Manager
Mayor Hernandez adjourned to closed session at 7:12pm.

12. Adjournment to Closed Session:

A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 5 cases
City Attorney update status of outstanding litigation on WWTP, Perez, Palomino, Ortiz.

No action taken.

B. FPPC Violation- status/update.

Discussed status of matter with City Attorney. No action taken.

C. Out of Position Pay Steve Huntley and Jay Brock
City Manager / City Attorney explained requirements of "out of position" pay for Police Chief Jay Brock, Finance Director Steve Huntley, and Police Commander Troy Evrett.

Council considered various templates and options. Council voted to approve out of position pay to all three in the amounts recommended by City Manager, but also instruct City Attorney to review the policy so that it can be workable in the future. Motion by Councilmember Boyer. Second by Mayor Hernandez. Unanimous roll-call vote.

Mayor Hernandez adjourned to open session at 8:07pm
Mayor Hernandez adjourned to meeting at 8:08pm.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City's offices during normal business hours.

CITY Of
Minutes
FARMERSVILLE Farmersville City Council
Special Meeting
(CLOSED SESSION ONLY)
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Tuesday, September 3, 2024 12:00 PM Gregorio Gomeż, Council Member Meeting held in Conference Room Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Because this is a closed session, the City Council meeting will not be streamed.

Call to Order: 12:00 pm
Roll Call:

Title Status Arrived
Mayor Hernandez Present 12:00pm
Mayor Pro Tem Valdovinos Present 12:00 pm
Council Member Gomez Present 12:00 pm
Council Member Boyer Present 12:00 pm
Council Member Hinojosa Present 12:00 pm
Invocation: (Reserved)
Pledge of Allegiance: (Reserved)
Public Comment: (Reserved)
Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

6. Presentations: (Reserved)

7. Consent Agenda: (Reserved)
Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.

A. - Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.

8. General Business: (None)

9. Adjournment to Closed Session:

The Council met with our consultant, Abby Akers from CPS HR, to review the final three applications for the City Manager position. During the meeting, Abby also discussed the candidacy of Acting City Manager Michael Schulte for the permanent role. After thorough review and discussion, with a 5-0 vote, the Council decided to appoint Acting City Manager Michael Schulte as the new City Manager.

Motion to approve Michael Schulte to City Manager

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Hinojosa
SECONDER Mayor Pro Tem Valdovinos
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT

ABSTAIN
A. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)
Title: City Manager

10. Reconvene to Open Session:

Mayor Hernandez adjourned the meeting at 1:10pm

NOTICE TO PUBLIC
The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please aliow at least six (6) hours prior to the meeting so that staff may make arrangements to accommodate you.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Cit-y's offices during normal business hours.

CITY OF

FARMERSVILLE
СаТе ДНа ПАСЕНОВ
City Council
Staff Report 7C
TO: Honorable Mayor and City Council
FROM: Michael Schulte, Acting City Manager
DATE: September 9, 2024
SUBJECT: Adopt Urgency Ordinance 526 The City of Farmersville Municipal Code relating to prohibiting a convicted felon from holding elective office.

RECOMMENDED ACTION:

Recommend that the City Council motion to adopt Urgency Ordinance 526 prohibiting a convicted felon from holding elective office.

BACKGROUND and DISCUSSION:

Ordinance 526 was introduced at the August 26, 2024, City Council meeting and public comment was given. The Recommended action is an update of the Farmersville Municipal Code relating to prohibiting a convicted felon from holding elective office.

Under "California Government Code Section 1021", individuals convicted of certain felonies may be prohibited from holding public office. This prohibition is based on the nature of the offense, its severity, and the potential impact on public trust. The law is designed to protect the integrity, of public offices and ensure that those who hold such positions are of sound moral character and free from conflicts of interest.

Public officials are expected to adhere to the highest standards of conduct, as they are entrusted with the responsibility to serve and represent the interests of the community. Allowing an individual with a felony conviction, to hold elective office could undermine public confidence in the integrity and accountability of the government.

FISCAL IMPACT:

None
ATTACHMENT (S):

Ordinance 526.

ORDINANCE NO. 526

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF FARMERSVILLE ADOPTING SECTION
[2.12.040 ] OF THE CITY OF FARMERSVILLE MUNICIPAL CODE

RELATING TO PROHIBITING A CONVICTED FELON

FROM HOLDING ELECTIVE OFFICE
WHEREAS, the City Council of the City of Farmersville may set forth rules and regulations addressing the qualifications of who may hold elective office within the City; and
WHEREAS, the City Council believes that its elective officials and those running for elective office who are convicted of a felony in the past or while serving as an elective official tarnish the City's reputation and may be a potential threat or risk to the City.

WHEREAS, the City Council desires that the City of Farmersville elective officials be members of the community who have not been convicted of felonies; and WHEREAS, under California Elections Code, Section 20(a), "A person shall not be considered a candidate for, and is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes;" and WHEREAS, under California Government Code Section 1021, "A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State," and
WHEREAS, it is judicially determined that a City may enact and enforce ordinances that provide for qualifications of office within that City; and WHEREAS, the City Council of the City of Farmersville wishes to codify that no person who has been convicted of a felony in this State, or on felony probation, or through no contest or guilty pleas in the past ten (10) years. nor any other State of the United States, shall be allowed to run for, nor be elected to, nor be appointed to, nor be allowed to sit for, any City Council position of the City of Farmersville; NOW, THEREFORE, the City Council of the City of Farmersville does ordain as follows:

SECTION I. Section 2.12.040 of the Municipal Code is hereby adopted to read in its entirety:

Section 2.12.040. Qualifications of Office. [Prohibition of Convicted Felons From Holding Elective Office].

Any person shall be disqualified from being an elective officer of the City of Farmersville if that person has been convicted of a felony or on felony probation, or through no contest or guilty pleas in the past ten (10) years. Prior to running for elective office, a candidate is required to execute, under penalty of perjury, a statement indicating the candidate has not been convicted of a felony or on felony probation, or through no contest or guilty pleas in the past ten (10) years. In the event that the candidate is allowed to run for office by the County of Tulare, that allowance shall not be deemed to be an approval that the candidate meets the qualifications for City Council under this ordinance that no person who has been convicted of a felony in this State, nor any other State of the United States, shall be allowed to run for, nor be elected to, nor be appointed to, nor be allowed to sit for, nor be qualified for, any City Council position of the City of Farmersville.

Section 2. Section 2.12.050. Prior to running for elective office in the City of Farmersville, a candidate is required to execute, under penalty of perjury, a statement indicating the candidate has not been convicted of a felony.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Clerk is herby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, published in the County of Tulare.

I hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Farmersville held on 26th day of August 2024, passed and adopted at a regular meeting of the City Council held on day of August 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED: ATTEST:

Mayor, Tina Hernandez City Clerk, Rochelle Giovani

CITY OF
FARMERSVILLE 1/1111
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Steven Thompson, Director of Public Works
DATE: September 9, 2024
SUBJECT: Roy Park Irrigation and Landscaping Plan
RECOMMENDED ACTION:

It is recommended that the City Council approve the RFP process for the irrigation and landscaping of Roy's Park.

BACKGROUND and DISCUSSION:

The City of Farmersville has the need to take the irrigation and landscaping of Roy Park out to closer water sources that were previously unknown for the existing bid, as well as decreasing the number of shrubs and trees to be installed during initial irrigation plan. These modifications should dramatically decrease costs and increase timelines of opening park back up to the public.

The Farmersville Public Works will then modify any existing irrigation to accommodate trees and shrubs determined for landscaping internally. The work would be phased to keep costs lower and limit the time the park is under construction and unavailable to the public. Phased work would consist of closing only sections of the park for install and not a complete shutdown as it is currently.

The RFP process will involve creating a detailed scope of work consistent with the above information, and then submitting for bids. It is likely that there will be multiple RFPs for separate line items in order to manage the project and control costs. The bid approvals will come to CITY. OF

FARMERSTILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Michael Shulte, City Manager
DATE: September 9, 2024
SUBJECT: Operations and Maintenance Agreement Tulare County and The City of Farmersville Hwy 198 (Drive 164)
RECOMMENDED ACTION:

It is recommended that the City Council approve the agreement for the Operations and Maintenance for Hwy 198.

BACKGROUND and DISCUSSION:

The City of Farmersville has identified a need to assume responsibility for maintaining a specific portion of Hwy 198 improvements, (including Drive 164), a responsibility currently held by the County. It is a requirement that the City take over this responsibility.

The County will continue to maintain a portion of Drive 164, specifically from the edge of the northbound travel lane pavement to the eastern edge of the County right-of-way. This section begins at the northern edge of the Drive 164 bridge deck overpass of State Route 198 and extends approximately 375 feet to the intersection with Avenue 296.

The City will undertake and maintain any future landscape improvements along this portion of Drive 164. The City will assume full responsibility for the control, operation, and maintenance of all landscaping in this area with respect to said portion of Drive 164. (see attached contract and map).

Financial Impact
In discission with Public Works, this additional property will fit under the Cities standard maintenance programs with nominal costs.

OPERATIONS AND MAINTENANCE AGREEMENT

TULARE COUNTY AND THE CITY OF FARMERSVILLE
DRIVE 164 (FARMERSVILLE ROAD)
THIS OPERATIONS AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this_ _day of_ , 2024, by and between the COUNTY OF TULARE ("COUNTY"), and the CITY OF FARMERSVILLE, ("CITY"). COUNTY and CITY are each a "Party" and together are the "Parties" to this Agreement, which is made with reference to the following:

WHEREAS, there exists a street, Drive 164 (Farmersville Road), that transverses the boundary - line of the Parties hereto, it being the legal duty of each of said Parties to maintain such portions of said streets and intersections as may lie within its respective jurisdiction; and WHEREAS, CITY desires to assume, in place of COUNTY, responsibility to maintain a portion of Drive 164 from northbound travel lane edge of pavement to the eastern edge of the County Right of Way, starting at the northern edge of Drive 164 bridge deck over pass of State Route 198 to the intersection with Avenue 296 approximately 375 feet, more particularly identified in the attached Exhibit "A," including, but not limited to, responsibility for maintaining and improving the portion of right of way along Drive 164 from time-to-time in CITY's sole discretion, including landscaping; and WHEREAS, if the CITY desires to undertake and maintain any future landscape improvements to said Drive 164, then the COUNTY is willing to allow the CITY to undertake such improvements subject to notice to the COUNTY by CITY; and
WHEREAS, Government Code section 54981 authorizes COUNTY and CITY to contract for the improvement, maintenance, repair and operation by CITY of streets and highways or portions thereof within COUNTY'S jurisdiction.

NOW, THEREFORE, it is mutually agreed as follows:

1. The CITY shall accept control, operation, and maintenance overall, or one hundred percent (100%), of the landscape with respect to said portion of Drive 164. Those facilities include, but are not limited to the maintenance of landscaping, hardscape, and irrigation on Drive 164.

2. The CITY shall maintain complete and accurate records with respect to all works of improvement authorized by this Agreement.

3. From and after the effective date of this Agreement, CITY shall have all responsibility and liability for all activities and omissions related to the design, construction, upkeep, operation and maintenance of said portion of Drive 164, and CITY shall hold harmless, defend and indemnify COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind including, but not limited to court cost and attorney fees, death or injury to any person and/or damage to any property (including COUNTY property), arising out of or related to said design, construction, upkeep, operation, maintenance or integration by CITY, its agents,

Page 1 of 4 ends

officers, independent contractors, developers and employees. This indemnification obligation shall continue beyond the term of this Agreement or any extension of this Agreement. CITY shall maintain adequate insurance coverage, either through policies issued by insurance companies or through self- insurance reserves, to provide said indemnity to the COUNTY.

4. (a) Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:

COUNTY: County of Tulare CITY: City of Farmersville
c/o RMA Director c/o City Manager
5961 S. Mooney Blvd. 909 W. Visalia Road
Visalia, CA 93277 Farmersville, CA 93223
Phone No. (559) 624-7.000 Phone No. (559) 747-0458
(b) Notice personally delivered is effective when delivered. Notice sent by first class mail will be deemed received on the fifth calendar day after the date of mailing. Either Party may change the above address by giving written notice under this section.

5. This Agreement becomes effective when executed by both Parties and shall continue in effect until such time as either Party shall give the other Party written notice of intention to terminate this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Page 2 of 4 ends

The Parties, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

COUNTY OF TULARE CITY OF FARMERSVILLE
By: By:

Larry Micari, Chair, XXXXXXX, City Manager
Board of Supervisors
ATTEST: JASON T. BRITT ATTEST: Rochelle Giovani
County Administrator Officer/Clerk of the Board City Clerk of the City of Farmersville of Supervisors of the County of Tulare
By: By:

Deputy Clerk
Approved as to Form: Approved as to Form:

City Attorney
Deputy County Counsel
By: _
Date: Attorney for City of Farmersville
Matter No. 20241351
By: _
Risk Manager
Attachment: Exhibit A

Page 3 of 4 ends

EXHIBIT A
(Depiction of Affected Portion of Drive 164)
Legend
Area Subject to ROAD 296
Agreement
Project Area
County Right of
Way
City of Farmersville
State Route SR 198 OFF
SR 198 ON RAMP
DRIVE 164 (FARMERSVILLE ROAD)
198
SR 198 ON RAMP
SR 198 OFF RAMP
Dinuba
AVENUE 295

TULARE COUNTY
Porterv CITY OF FARMERSVILLE
Operation and Maintenance Agreement
0 125 250 500
City of Farmersville
• Feet
Vicinity Map

CITY OF
yu'r

FARMERSVILLE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Michael Schulte, City Manager
DATE: September 9, 2024
SUBJECT: Fees related to Sierra Woods

Farmersville City CouncilSeptember 9, 2024

Farmersville City Council
September 9, 2024