MEETING AGENDA
rhe city councilisr.T:::i:t1i:l;^f the city of Firebaugh Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
Andrew Firebaugh Community Center
1655 13th Streeto f irebaugh, CA 93622
December 4, 202316200 p.m.
Mayor Felipe Perez
Mayor Pro Tem Elsa Lopez
Council Member Freddy YaIdez
Council Member Silvia Renteria
Council Member Brady Jenkins
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate at this meeting, please contact the Deputy City Clerk at (559) 659-2043. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk's office, during normal business hours.
PLEDGE OF ALLEGIANCE
APPROVAL OF'THE AGENDA
PRESENTATION
PTJBLIC COMMENT
Any person or persons wishing to address the Citlt Council on any matter thot is not on the agenda moy do so at this time. Individuals must limit their. comments to three minlttes. Issues raised during futblic Comments are idormational only and the Council cdnnot take action at this time. All comments should be directed at the Mayor and not at individual Councilmembers or staffmembers.
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption of ordinances previously introduced and discussed, execution of agreements and other similar items.
1. APPROVAL OF MINUTES - The Cifv Council special ioint meetine on November 20. 2023.
2. WARRANT REGISTER - Period startine October I and endine on October 31.2023.
October 2023 General Warrants
Payroll Warrants
TOTAL
#4s005 - #451 l8
#7212s - #72148
$ 805,353.91
s 234.709.22
$ 1,040,063.13
PUBLIC HEARING
3. ORDINANCE NO. 23-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING SECTION 4-2.6.1 OF THE F'IREBAUGH MUNICIPAL CODE RELATING TO ITINERANT BUSINESSES - TABLED TO DECEMBER 18. 2023.
City Council Agenda
December 4,2023
Page2
4. Recommended Action: council receives public comment & approves Res. No. 23-49
NEW BUSINESS
5. TE TUCKFIELD & ASSOCIATES.
Recommended Action: Council receives public comment & give staff direction
6. 7
9. 8.
Recommended Action: council receives public comment & approves Res. No. 23-50 Recommended Action: Council receives public comment & approves Element 7 proposal. novr ONE TO TWO COUNCIL MEETINGS A MONTH
Recommended Action: City Council receives comments and takes action.
ST
Recommended Action:
oF' TO
City Council receives comments and takes action.
10. OF'
COST AND FEES.
Recommended Action: Council receives public comment & gives staff direction.
11. PARK - RESTROOMS.
Recommended Action: Council receives public comment & gives staff direction.
12. PARK. SNACK BAR.
Reqommended Action: Council receives public comment & gives staff direction.
13. Recommended Action: Council receives public comment & gives staff direction.
14. Recommended Action: Council receives public comment & gives staff direction.
H AND
PARK - BUILDINGS UP F'RONT.
City Council Agenda
December 4,2023
15. MEMBERS STIPEND.
Recommended Action: Council receives public comment & gives staff direction.
16. THE CITY COUNCIL OF THE CITY OF T'IREBAUGH TO DISCUS ONSIDER A JOSH ALLEN SIGN.
Recommended Action: Council receives public comment & gives staff direction.
STAF'F REPORTS
PUBLIC COMMENT ON CLOSED SESSION ITEM ONLY
CLOSED SESSION
17. Government Code Section 54957
PUBLIC EMPLOYEE EVALUATION; City Manager
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Certification of postine the asenda
I declare under penalty of pe4ury that I employed by the City ofFirebaugh and that I posted this agenda on the bulletin boards at City Hall, December l, at 5:00 Inzano
SPECIAL MEETING MINUTES
The City CounciUsuccessor Agency of the City of F,irebaugh Vol. No. Z3/tl-20
Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALI,
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh, CA 93622
November 20, 2023 I 5230 p.m.
Meeting called to order by Mayor perez at 6:00 p.m
Mayor Felipe P6rez
Mayor Pro Tem Elsa Lopez
Council Member Freddy Valdez
Council Member Silvia Renteria
Council Member Brady Jenkins
ABSENT:
0THERS: City Attorney christina Di Filippo; City Manager, Ben Gallegos, Deputy City Clerk, Rita Lozano; public Works Director, Michael Molina; Finance Director, Pio Martin; eolice Chief,'Sai Raygoza; Battalion Chief, Hector Marin; Gouveia Engineering, Mario Gouveia School Board Members, Abel Serruno,i"rnundo Campa, Deanne Crockett, Maria Ramirez, Eliseo Gamino & others.
PLEDGE oF ALLEGTANCE councir Member valdez ted pledge of Allegiance.
APPROVAL OF THE AGENDA
Motion to approve agenda by Council Member Jenkins, second by Council Member valdez, motion passed by s-0 vote.
PUBLIC COMMENT
Mr' Flores stated he's tired of this garbage, he paid $17,000 of city fees regarding his property and now he,s getting sued by the City of Firebaugh, we need to change people around here, that don't tike ud-uu.rtu!" of tt "
poo, people.
INFORMATION ITEMS
a. West Hills College Update
Dean of Firebaugh District Bethany Matos provide an update, 93To of the students that attend the district applied for FAFSA admission and 87Yo received FAFSA, aboui:0 students have signed up for the JR. Falcon program, and will receive a CPR certification, over 150 attended the Dia De Los ftuertos. CALSOAP had about 400 Students visit the center, spoke with over 240 students through the outreach at the high school, dual enrollment is up l5% this fall, Measure K witl fund a solar project. The college is rebranding -iih Lemooie, Coalinga, and Firebaugh so the colleges will distinguish the differences between the campuses and have differeni logos.
Firebaugh is a center of coaling wHC, not a college, yet, like Lemoore. b. City of Firebaugh Update
A new McDonalds is opening, working with other businesses that are interested in, but can't provide the names' The Housing Authority is rebuilding the apartments, so there looking at 64 units, the Habitat for Humanity is building 17 homes, with a possibility of additional l0 more if funding is received, funding of $200,000 to repair street crossing on Clyde Fannon and various other locations. City was awarded 6 million to repair the wastewater project, but it.is a $16 million project so we're waiting for additional funding, Dunkle Park is getting a remold, with new playground equipment, improvements to tie basketball court and"hoplng to do additional repairs. Maldonado Park has been a viry busy iark, it's way overused, so we need to figure out how or when to close it to do some repairs. Caltrans will be working o., ih" High*ay Beautification; "they are
aware of the potholes. Police Chief Raygozareported the following: Received comptaintr regarding t1ft St and P St and crosswalks, over 500 cars use 13ft street, it has recently diopped but it's heavily r.rr"'a. 1.nJA"partment has used drone visibility. It can be dangerous when people pus on 7il street because they're running late, so an officer will be placed there to patrol. The department will ielocate to the new police station on December lst. Residents have been notified of the relocation, so everyone is aware. project was delayed due to transferring City Council Minutes
November 20, 2023
the AT&T, comcast and PG&E wiring. Domestic Violence went up a few months ago but is going back down.
I'd like to report that our community is still the safest. DUI incidents are increasing. c. Firebaugh PD Update
i SRO Mid-Year Report
Introduced School Resource Officer Andrew Lopez, funded by the School District, BSCC Officer Rodolfo Tabares, officer for 7 years, grant to expie 5/3012024,7 grant is 50/50 assigned by the School, BSCC Officer Kevin Gillum, grant funded by the state, expires 5/3112028,50/50 assignment between the school and city.
Officer work investigations, provide CPR training to students and worked with MAGIC, in the past three months, they've attended the school 173 times, completed ll investigations, recovered guns, weapons, and drugs through *reir investigations. They've assisted with student harassment matters, attend football games and school presentations. Council Member Yaldez recognized Officer Gillium for his work in connecting with students, one of the connections with a troubled student when he was in the 5ft grade, he is currently in the 8ft grade, and you can see the improvement he's made. Officer Lopez supported and made a change in a student when they were hungry and provide aid. Officer Tabares assisted a female a student that was interested in joining the cadet program but felt she didn't have a chance because she was female. Officer Tabares assured her and made her feel comfortable to fulfill her interest. Council Member Jenkins inquired about an SRO having a K9. Police Chief and School Board Member Serrano were in support of the idea. d. District Update
Bailey TK Facility Update
Contractor Bush representative attended the meeting, if anyone has questions on their project, on constructing 14 units at Biley, it the highest attendance for summer school. The project is estimated to take more than a year complete. The Football project has been delayed to future notice, the track and field project are on hold, last year the soccer tennis team was disrupted, and they had to go practice at another school after that team was done practicing. It was late and inconvenient to travel to Madera and back, it wasn't fair to them but the end the season with the Championship Title.
ii Bailey Parking Lot
The school would like to start a conversation about having the city pave the dirt area at the Dunkle Park, Parking has been an issue at Bailey, and it would help with drop off students, its city property, so we ask the city to consider it. The street becomes so nalrow, the school has approached CCID about property along the canal to build additional parking, so the school may need assistance from the city to resolve the issue. iii High School Parking lot Project by highway 33
The football parking lot has been an issue, many cars park along the street and tlere's been one incident of a child being hit because it is hard to see when cars park on both sides ofthe curb along that street. iv Potential Housing Options
Glad to hear about the additional housing but need housing that it's for low income for teachers to living the community.
v American Heart Association
vi Future Joint Meeting Proposed Dates:
i.) February 15,2024
ii.) April18,2024
iii.) August 29,2024
FUTURE AGENDA ITEMS: Add K-9 discussion and Green Space to the next agenda Feb. 15.,2024.
BOARD MEMBERS & COUNCIL MEMBERS COMMENTS
Motion to approve a recess of 5 minutes at 7:32 p.m. by Coancil Member Renteria, second Council Member Valdez; motion passed by 5-0 vote.
Motion to approve a return and enter City Business at 7:42 p.m. by Council Member Vuldez, second Council Member Jenkins; motion passed by 5-0 vote.
City Council Minutes
November 20,2023
CITY BUSINESS
CONSENT CALENDAR
1. APPROVAL OF MINUTES - The Citv Councit resular meetine on November 6. 2023.
Motion to accept consent calendsr by Council Member Valdez, second Council Member Jenkins; motion passed by 5-0 vote.
PUBLIC HEARING
2. THE CITY COTINCTL OF THE CITY OF'FIREBAUGH TO HOLD PUBLIC HEARING F'OR CLOSEOUT OF 2O-CDBG-CV2-3-0023 1 GRANT.
Public Hearing open at 7:43 p.m. - No comment given - close Hearing at 7:44 p.m.
Motion to apptove grant closeout by Council Member Lopez, second Council Member Renteria; motion passed by S0 vote.
3. 2.6.1
BUSINESSES _ TABLED TO DECEMBER 18. 2023.
NEW BUSINESS
4. AND
MONIES TO ARDENT GENREAL.INC.
Recommendation is to accept the project as is, if there's any other issues it may be fixed under the one-year warranty, which starts 30 days after the Notice of Completion is recorded. The only outstanding item, the coniractor will be replacing all of the awnings.
Motion to approve Res. No. 23-48 by Council Member Lope;, second Council Member Jenkins; motion passed by 5-0 vote.
STAT'F REPORTS
Y Police Chief Sal Raveoza - the department has been very busy, so will provide my staff report at the next meeting.
D Bqttalion Chief, Hector Marin - it's been a slow month on calls, which is good. Attended training a couple of weeks ago at the North Central Fire district, it's the first time got to attend to witness the explore program, with the high school ROp class. I was approached with something similar from one the teachers at our highschoot. t tota him it's not something I'm looking at but would like in the future. This past week we held family Thanksgiving with the Fire Department, had some games, it was fun.
Y Public lltorks Director, Michqel Molina - we survived the l't storm, the department went around to clean all the DI's and clean of the leaves in the gutters, and we're getting ready for the Christmas Parade. Started to put up the main streetlights decorations and we'll finish up in the next few days.
Y Citv Ensineer, Mario Gouveia - nothing to report.
D Denutv Citv Clerk. Rita Lozano - nothing to reporl
Y Finqnce Director, Pio Martin - reminder we'll be implementing late fees next month, on our water bills, letters were mailed out last month to inform residents, the 2d notices will go out this month.
City Council Minutes
November 20, 2023
D Citv Attornev, Christina Di Filiopo - nothing to report.
Y Citv Manaeen Ben Gallesos * attended a flood meeting with a lot of cities that had the same issue as us, very interesting and educational how other cities handled the matter. We were very fortunate to have our elected officials, that were willing to help us more than other communities with their elected officials. We all shared what we went through and discussed how we can help each other, they liked how we were very prepared with the study that was done and asked us how we did that. Wish everyone a Happy Thanksgiving.
Y Council Member Lopez -
just wanted to re-emphasize, that we don't thank our employees as often as we should, the employees, the staff or your dedication and the work that you put into the community and providing the services you do.
Y Council Member Renteris - Thank you, staff, and Hector, including the volunteers for attending the Halloween event at the school, I wasn't here last week so I couldn't talk on the. Also, if the volunteers can attend the Jr. High School, with a candy program give away. Battalion Chief Marin advised the department wasn't invited to the event. We will try and get you invited; it was a great opportunity to meet the people. Thank you to everybody for all of your work, and just know, sometimes we don't say t as much as we should, but especially with the holidays, we need to thank our staff, because some of them are going and doing above and beyond things when they should be home with their families. The other think is, I know Councilmember Jenkins has brought it up before and there's been talk about it, but haven't seen it on the agenda, I just wanted to see if we can talk about Mr. Marin's PayScale. In the past, we said we were going to bring it back, and we never discussed it, so I was just wondering what happened with that. Is there a thought about bring it back to us, or was it just negotiated on your own? City Attomey De Filippo stated, "I recalled we approved the pay scale, and that the negotiation was going to be on an actual number." City Manager Gallegos added, "But if I'm not mistaken, that is personnel, not a council" City Attorney replied, "Correct".
D Council Member, Jenkins - that we still asked you to bring it back and put it on the agenda for discussion.
Y Council Member Valdez - like my colleagues stated, tis is the only time we should be thankful for the benefits we all enjoy as community members, thank you for your dedication, we see a lot of it and we're blessed to have it. Hector, I fully support you with our ROP class. Moving forward, I think that's the direction we have to pursue and hopefully, follow with the Police Departrnent. Again, what's better to teach the courses to our cadets than the people dealing with that, as you find your position, I fully encourage you to really think about that. It would be a great asset to the school district and to the community.
D Council Member Perez - Can you enlighten us about Mr. Flores's comments. City Manager Gallegos, informed Mr.
Flores is not being sued, unpaid fines were placed on property tax rolls for collection, which was approved by City Council. The fines are over $100,000, do to all the code violations at his property, he did pay $17,000 for a site plan review to planning, and the violations haven't been corrected, it's been an issue for several years. Council Member Yaldez added, several residents were offered and opportunity to work with the City Manager to address the violations and negotiate fees and fines, I believe most of the residents resolved the problems and received a reduction on what they owned. He had several opportunities to work with the city and council, fines and deadlines were extended serval times to work with him, but he chose not to. Thank everyone for what you are doing it's nice to see the kids are getting everything, since 5 to 6 years old. I know all the officers are doing a great job, everywhere I see them, they greet me and say hi, they're very friendly, thank you so much.
PUBLIC COMMENT
CLOSED SESSION
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
A Mofion to adiourn at 8:01 pm by Council Member Jenkins, second by Councit Member Lopez, motion passes by a 5-0 vote.
REPORT TO CITY COUNCTL
MEMORANDUM
AGENDA ITEM NO:
COANCIL MEETING DATE:
SUBJECT: warrantRegisterDated: october \2023-october 31,2023 RECOMMENDATION:
In accordance with Section 31202 of the Government Code of the State of California there is presented here with a summary of the demands against the City of Firebaugh covering obligations to be paid during the period of;
ocToBER t,2023 _ OCTOBER3|,2023
Each demand has been audited and I hereby certify to their accuracy and that there are sufficient funds for their payment as of this date.
IT IS HEREBY RECOMMENDED THE CITY COUNCIL
APPROVE THE REGISTER OF DEMANDS AS FOLLOWS:
GENERAL WARRANTS
PAYROLL WARRANTS.
..# 45005 - #45118
..# 72125 - #72t48
$ 805.353.91
s 709.22
TOTAL WARRANTS $ 1,040,063.13
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER 1, 2023- OCTOBER 31,2023
Check
Number
4494s
Check
Date Name
IOIIII2O23 CARLOS TOMMY MONTANO $
Net
Amount Description
(900.00) Ck# 044945 Reversed
247.59 LATE NOTICES POSTAGE OCT2O23
59,222.81 ME CHECK SEPTEMBER2O23
5OO.OO 1 EXTRA HOT'R MUSIC
1,1 13.84 UTILITY BILLING POSTAGE OCT23
145,8 10.88 PAYROLL ENDING 09129t2023
566.28 PYMT SETUP FOR CANTALOIIPE
523.41 ALL DEPT TELEPHONE
1,87 I.7O ALL DEPT INTERNET/TELEPHONE
4500s r0t2t2023 u.s. POSTMASTER
45006 IOI3I2O23 CITY OF FIREBAUGH
45007 IOI4I2O23 DANIEL FRAIJO
4s008 r0t4t2023 u.s. POSTMASTER
45009 IOI4I2O23 CITY OF FIREBAUGH
45010 101612023 ALEX E. MALDONADO
4501s t0t6t2023 SEBASTTAN
450t6 r0t6t2023 JtILro BARRTOS
Check Total: $ 2,395.1 I
$
$
$
$
$
$
45011 101612023 AAA BUSINESS SUPPLIES & I $ 14,423.63 POLICE DEPT EQTIIPMENT 45012 101612023 ANDERSON PUMP CO. $ 5,446.32 REPAIR 75 HP MOTORRUSH 45013 101612023 ARMSTRONG'S PET WORLD $ 54.11 K9 DOG FOOD KONA 450t4 t0t6t2023 AT&T $
$
$
$
$
$
$
$
71.00 SENIOR CTR ALARM SECURITY
3OO.OO HEALTH INSURANCE STIPEND
45017 101612023 BIG G'S AUTOMOTTVE CENTE 262.48 REPLACE BROKEN INSIDE DOOR
79.68 REPLACE DOOR HANDLE
228.25 ENGINE DIAGNOIS REPLACE
161.65 LEFT FRONT DOOR ADJUSTMEN
Check Total: $ 732.06
45018 1016/2023 CAL VALLEY SECURITY $ 360.00 SECURITY VFW DURING CANTA 45019 1016/2023 FERNANDO CAMPA $ 3OO.OO HEALTH INSURANCE STIPEND $ 3OO.OO HEALTH INSURANCE STIPEND
$ 141.53 NEW PD INTERNET SERVICE
45020 101612023 ALIX STEPHANIE CHACON
45021 101612023 COMCAST BUSINESS
101612023 DEPARTMENT OF ruSTICE $
4s022 226.00 FINGERPRINTS AUGUST 2023
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER 1, 2023- OCTOBER3L,2023
Check
Number
45022
45031
Check
Date Name
1016/2023 DEPARTMENT OF ruSTICE $
Net
Amount Description
245.00 BLOOD ALCOHOL ANALYSIS
Check Total: $ 471.00
45023 l0t6t2023TAQUERrADONPEPE $ 15O.OO CANTALOUPE ROI.]ND UP FOOD 45024 101612023 ELITE UNIFORMS $ 324.75 PDPINKPATCHES
45025 101612023 ENTENMANN-ROVIN CO. $ 239.65 PD C DOME BADGE 45026 101612023 FERGUSONWATERWORKS #1 $ 350.50 REP CLAMP 45027 101612023 FIREBAUGH AUTO REPAIR $
$
$
$
$
762.46
2,322.01
65.00 85.00
266.76
PD VEHICLE SERVICE BRAKES
PD IINIT#4-SERVICE AND LAB
TINIT#g OIL AND FILTER SERVICE
I-INIT#7-AIR FILTER
UMT#g-CONTINENTAL BELT
Check Total: $ 3,501.23
45028 1016/2023 FIREBAUGH MUSIC BOOSTER $ 576.00 CLEANING SERVICES 2023 CA 45029 101612023 FRESNO CITY COLLEGE
Check Total
45030 10t6t2023 FRESNO OXYGEN
101612023 GRISWOLD LASALLE COBB D $
$
$
Check Total: $ 6,610.17
15O.OO INTERVIEW AND INTERROGATION
I22.OO FIELD TRAINING OFFICE
272.00
94.2t PW-SHOP
6,500.00 LEGAL SERVICES TIIROUGH 09
42.50 PITCHESS MOTION
67.67 FN-E MANAGEMENT-REMOTE AP
$
$
$
$
45032 101612023 GUTHRIE PETROLEUM, fNC. 3,917.17 BULK LTNLEADED GASOLINE 2,206.42 BULK TINLEADED GASOLINE
2,503.92 BULK UNLEADED GASOLINE
Check Total: g 8,627.51
45033 1016/2023 HERWALDTMOTORSPORTS $ 2,004.62 PDLINIT#I2MOTORCYCLE 45034 101612023 INDEPENDENT INVESTIGATIC $ 1,537.50 IA23-04 INTERNAL AFFAIRS 45035 101612023 BRADY JENKINS $ 315.00 MONTHLY SALARY CITY COLINCIL 101612023 JOHN AVILA COMMUNICATIC $ 5,OOO.OO PD INSTALL FIRE RESISTANT
$
$
$
45036
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER 1,2023- OCTOBER 31,2023
Check
Number
45037
Check
Date Name
10/6/2023 RODDY A. LAKE
Net
Amount Description
251.59 POLICE MEDICAL RETIREE
3OO.OO HEALTH INSURANCE STIPEND
3,489,69 ROUTINE ANNUAL SERVICE
35O.OO HEALTH INSURANCE STIPEND
3OO.OO HEALTH INSURANCE STIPEND
45038 t0/6t2023 SAMPSON LEE
45039 t0t6t2023 L.N.CURTTS & SONS
45040 101612023 RACHEL LOPEZ
45041 t0t6/2023 SANDRA J. MARQUEZ
s
$
$
$
$
$
$
45042 10/612023 MID-VALLEY DISPOSAL 325.40 WATER TREATMENT PLANT/CAN 38,029.37 SERVICES PERFORMED SEPT2O23
Check Total: $ 38,354.77
45043 1016/2023 MISSION COMMI.INICATIONS, $ 169.00 WWTP-KEY READER REPLACE 45044 10/612023 NORTHSTAR CHEMICAL $ q344]T SODIUM I{YPOCHLORITE 45045 101612023 PAUL MAURER 52,733.7 5 2023 CANTALOUPE ROTINDUP 45046 10/6/2023 PECK'S PRINTERY 545,27 INSPECTION SHEETS 45047 1016/2023 POLICE ACTIVITTES LEAGE 3,577.08 2023 CANTALOUPE ROT]ND UP 45048 t0/6t2023 QLTILL CORPORATTON PD TOILET PAPER
CITY IIALL OFFICE SUPPLIES
ALL DEPT JAMTORIAL SUPPLY
NANCY'S PRINTER INK
ALL DEPT JANITORIAL SUPPLY
CITY HALL OFFICE SUPPLIES
COMMLTNITY CENTER-TOILET
MICHAEL CORK BOARD FOR OFF
CITY HALL IOO ENEVELOPES
COMMI.INITY CENTER-MOP BUCK
COMMLTNITY CTR.TOILET PAPER
CITY HALL OFFICE SUPPLIES
Check Total: $ 2,280.93
45049 10/612023 SALVADOR RAYGOZA $ 2OO.OO CABEVERAGE CONTROL LICENSE 45050 101612023 SALVADOR RAYGOZA $ 35O.OO HEALTH INSURANCE STIPEND $ 315.00 MONTHLY SALARY CITY COLINCIL
s
$
$
$
$
$
$
$
$
$
$
s
$
$
$
1 38.1 9
70.93 306.61
t52.22
399.56
54.38 200.80
61.53 32.38
1t4.44
414.s6
335.33
45051 10/612023 SILVIA RENTERTA
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER L, 2023- OCTOBER 31,2023
Check
Number
450s2
Check
Date Name
LOI6I2O23 STATE FOODS SUPERMARKE: $
$
$
101612023 TECH MASTER MANAGEMEN $
$
Net
Amount Description
64.99 WATER FOR OFFICERS CANTAL
5.90 WATER FOR OFFICERS CANTAL
6.99 TOILET PAPER-PARKS
Check Total: $ 77.88
45053 101612023 JACQUELINE TABARES $ 300.00 HEALTH INSURANCE STTPEND 450s4 4O.OO PD PEST CONTROL
4O.OO PD PEST CONTROL
Check Total: $ 80.00
4505s t0t6t2023 TEXT MY GOV 3,9OO.OO SOFTWARE MANAGEMENT 45056 101612023 THE RADAR SHOP 376.00 PD RECERTIFIED RADAR UNIT 4s057 89.5I AUTOCUT/ENGINE OIL
45058 101612023 THUNDER INFLATABLES, INC $ I,259.10 DEPOSIT KIDS ACTTVITIES 2 45059 101612023 TOP DOG TRAINING CENTER, $ I25.OO K9 TRAINING 9118/2023 45060 101612023 SCOTT TRIPPEL $ 1,IOO.OO CONTRACTED SERVICES BSCC 45061 101612023 TINDERGROUND SERVICE AL] $ 3OO.OO }O23MEMBERSHIP FEE 45062 101612023 ALFRED YN-DEZ $ 315.00 MONTHLYSALARYCITYCOLINCIL 45063 101612023 ALBERTO VERDUZCO $ 3OO.OO HEALTH INSURANCE STIPEND 45064 10/1212023 AQUA-METRIC SALES, CO. $ 9,151.25 REG TR/PL IGAL 45065 t0/12t2023 COMCAST $ 728.74 PD TNTERNET #98t037230 45066 1011212023 CORELOGIC SOLUTIONS, LLC $ 231.85 REALQUEST SEPrEMBER2}23 45067 IOII2I2O23 EKC ENTERPRISES,INC. $ 22,287.20 STANDARD SPPED HDMI CABLE 45068 IOII2I2O23 GRAINGER,INC $ 785.27 PORTABLE CORD
45069 10/1212023 MANUELS TIRE SERVICE,INC $ 74.35 TUBE
195.48 TUBE
958.36 TIRES
24.26 VN-VE STEM
Check Total 7,252.45
$
$
101612023 THOMASON TRACTOR COMP, $
$
$
s
$
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER 1, 2023- OCTOBER 31, 2023
Check
Number
4s070
Check
Date Name
IOI|2/2023 PACIFIC GAS & ELECTRIC
Net
Amount Description
$ 65.40 FrRE DEPT #322832725s-0
45071 LOII2I2O23 CLAUDIA SOLIS 3OO.OO FACEBOOK AUGUST 2023 24O.OO FACEBOOK TULY 2023
39O.OO FACEBOOK SEPTEMBER 2023
Check Total: $ 930.00
45072 1OII2I2O23 STATE WATER RESOURCES C $ 215.00 CEASAR SIERRAS CERTIFICATION 45073 10/1212023 SEAN STEVENS $ 1,194.50 DEPOSIT 6 CHARACTERS XMAS 45074 IO/I2I2O23THESALVATIONARMY $ 17,654.23 HOTMEAL/FOODDISTRIBUTION 4507s t0/t2l2023DATAPATH 5,743.10 MONTHLY BILLING OCTOBER 23 3OO.OO 2ND INSTALLMENT PROFESSIO
CheckTotal: $ 6,043.10
45076 10/18/2023 SANTOS FORD 144,673.07 PURCHASE FORD F-550 VIN#I 45077 IOI|9/2023 CITY OF FIREBAUGH T49,689.86 PAYROLL ENDING IOI 1312023 45078 |OI2O/2O23ARTEMIOROBERTOGARZA $ 1I,1O5.OO POLICERANGELABOWMATERIAL 45079 10/2012023 AMAZON CAPITAL SERVICES $
$
1,362.05 PD-OFFICE FURNITURE
271.70 PD CHAIR/OFFICE EQUIPMENT
Check Total: $
45080 10/2012023 ARMSTRONG'S PET WORLD $
4s081 r0/20t2023 AT&T $
1,633.75
I4O.7O K9 DOG FOOD KONA
53.50 FIRE DEPT INTERNET
4s082 10120/2023 CIVICWELL $ 1,228.50 4.454 FIREBAUGH CONNECTIVE 45083 1OI2OI2O23 CORBIN WILLITS SYSTEMS $ 1,203.47 ADMIMSTRATION C/W SERVIC 45084 10/2012023 CENTRAL VALLEY TOXICOL( $ 8O.OO DRUG SCREENING 45085 10/20/2023 DEPARTMENT OF JUSTICE
$
$
$
$
$
$
$
Check Total: $ 119.00
49.00 FINGERPRINTS SEPTEMBER 20
7O.OO BLOOD ALCOHOL SEPTEMBER 23
$
$
4s086 L0/20t2023 DrSH $
89.36 SENIOR CENTER CABLE
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER 1, 2023- OCTOBER 31, 2023
Check
Number
45087
Check
Date Name
10/2012023 DIXIE LINDSEY
Net
Amount Description
8.OO FIRE DEPT SHIRT PATCHES
45088 IOI2OI2O23 FIREBAUGH AUTO REPAIR 260.00 PD I.INIT#I4 REPAIR $
$
45089 67.10 PROCESSING SERVICES 7/1-9
45090 10/2012023 FRESNO CITY COLLEGE $ 178.00 TRAFFIC COLLISION INVESTIGATE 45091 10/2012023 LEAGUE OF CA CITIES SSJVD $ 75O.OO 2024 CITY MANAGERS CONF 45092 I0/20t2023 NOAH MARQUEZ $ IO8.OO AMERICANFIDELITYREFUND 45093 IOI2O/2023 MIGUEL'S PLUMBING SERVIC $ 92O.OO PAL BUILDING MAIN SEWER LINE 45094 10/2012023 PACIFIC GAS & ELECTRIC $ 2,363.99 FIRE DEPT #3247232548-2 4509s t0/20t2023 cLoRrA PACHECO 15O.OO ENCLOSED AREA CLEANING DEP 45096 1O/2OI2O23CSGCONSULTANTS,INC 1,572.28 BLDG & INSPEC OTHER SERVICE 45097 t0t20t2023 QTIINN COMPANY, INC. 235.35 PW-PARTS
45098 t0t20t2023RSG,INC 862.50 FY23-25 SUCCESSOR AGENCY 4s099 10t20t2023 JACQUELTNE TABARES 161.68 AMERICAN FIDELITY REFLIND 45100 10/2012023 RICK TABARES 395.50 AMERICAN FIDELITY REFLIND
28.00 AMERICAN FIDELITY REFLIND
Check Total: $ 423.50
45101 10/2012023 ARACELI TOVAR $ 3OO.OO A/F HALL CLEANING DEPOSIT 45102 $ 6,825.00 WASTEWATERRATE STUDY SEP IOI2OI2O23 TUCKFIELD & ASSOCIATES 45103 1,5T2.64 SCISSOR LIFT
45t04 r0/20t2023 DATAPATH 1,191.65 SWIRCH FOR CONFERENCE ROOM 45105 IOI2OI2O23 VERZON WIRELESS 38.01 BRAY'S TABLET INTERNET 45106 4OO.OO FILING CA DEBT AND INVEST
45107 t0/26t2023 AT&T MOBILITY $ 824.66 CITY HALL/COTINCIL CELLPHO 10/2012023 FRESNO COIINTY TREASURE] $
$
$
$
$
$
$
$
10/2012023 LINITED RENTALS (NORTH AI\ $
1012612023 A.M. PECHE & ASSOCIATES L $
$
$
4s108 10/2612023 COMCAST BUSTNESS
eage t of s t41.53 FrRE DEpr TNTERNET
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER I, 2023- OCTOBER 31, 2023
Check Check
Date Name
1012612023 MADERA COUNTY TAX COLL $
Net
Amount Description
3,627,62 WATER OPER TAX ON WELLS
Number
45t09
45110 1012612023 DONAGHY SALES, LLC
4511I 1012612023 FIRST BANKCARD
6,724.05 ALCOHOL CANTALOUPE ROUND
977.85 ALCOHOL CANTALOUPE ROUNDU
394.00 ALCOHOL CANTALOUPE ROUNDU
(4,138.20) CREDIT ON ALCOHOL CANTALO
$
$
$
$
Check Total: $ 3,957.70
s08.82
10.93 508.82
558.82
573.64
80.00 596.31
22.72 224.28
5.00 35.48
22.59 330.00
5r4.62
396.3s
568.39
227.t0
27.20 46.41
10.23 1t7.57
189.84
92.80 376.t9
45.38 89.52
23.51 35.76
29.53 Check Total: $ 6,267.81
BEN-RESIDENCE INN SACRAME
BEN-UBER SACRAMENTO
BEN-RESIDENCE INN FREDDY
BEN-RESIDENCE INN SACRAME
BEN-HYATT REGENCY RITA
BEN-CHEVRON GAS SACRAMENT
BEN-HI TORRANCE HABOR BEN
BEN-INTEREST FEES
PIO-FED EX
PIO-DYN.COM
PIO-HALO ABC'S PRELINARY
PIO.INTEREST FEES
PW-CA NV SECTION WEBINAR
PW-SUPPLIES HOMEDEPOT
PW-LOWES PARK SUPPLIES
PW-HOMEDEPOT CANTALOUPE R
PW-HOMEDEPOT CANTALOUPE R
PW-AMAZON gVOLT BATTERIES
PW-AMAZON CITY HALL IIALLO
PW-AMAZON CITY HALL HALLO
PW-HOMEDEPOT CANTALOUPE R
PW-AMAZON FLAG POLE ROPE/
PW-AMAZON TRASH BAGS
PW-HOMEDEPOT CANTALOIIPE R
PW-AMAZON BATTERIES
PW-BATTERIES AMAZON
PW.AMAZON BATTERIES
PW-INTEREST FEES
PW.AMAZON TONER
720.01 PLANNING GENERAL
725.01 PUBLIC WORKS GENER
725.14 FLOOD PLAN MANAGEM
730.09 SRF WWTIP DESIGN
740.15D Q ST & 7TH ST WAT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
45112 1012612023 GOUVEIA ENGINEERING, INC. $
$
$
$
$
383.25
94.50 813.75
1,475.00
2,903.25
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS OCTOBER 1o 2023- OCTOBER 31,2023
Check
Number
4s112
Check
Date Name
10126/2023 GOTryEIA ENGINEERING, INC. $
$
$
$
$
$
$
$
Description
7 4s .zsD CML-'224(023) POS
7 4 s .28D CML-'224 (026) ALL
7 4s .29C STPL-'224(027\ J
7 4s .3 sD STPL-'224(028) 12
7 45.36C 22123 CONCRETE IM
785.32 LA JOYA COMMONS SI
795.03 CMAQ APPLTCATIONS
795.11 STBG APPLICATIONS
Net
Amount
40.76 427.90
876.23
40.76 173.25
8l .38
5,282.76
1,512.00
Check Total: $ 14,104.79
45113 10126/2023 GRANITE CONSTRUCTION $ 5OO.OO WATER METER RENTAL DEPOSI 45114 1012612023 LIEBERT CASSIDY WHITMOR $ 252.00 PROFESSIONAL SERVICES THR 451t5 10/2612023 PACIFTC GAS & ELECTRTC $ 4,083.38 TOMA TEK #6759522333-9 45116 10/2612023 CSG CONSULTANTS,INC. $ 4,653.00 HOUSE BIIILDING SERVICES 8 45t17 t0/26/2023 QUrLL CORPORATTON $ 794.45 CITY HALL OFFICE SUPPLIES 45118 10/26/2023 SPARKLETTS $ 38I.15 CITY HALL/SENIOR CTR/PD/P
Date:
To:
From:
Subject:
FIREBAUGH CITY COUNCIL
STAFF REPORT
December 4,2023
Firebaugh City Council
Karl Schoettler, Planning Consultant
Tentative subdivision Map 2023-01 (Habitat for Humanity) A request to establish all-lot Planned Unit Development subdivision at the existing San Joaquin Villas condominium project
Summary/Recommendation
The applicant is proposing to establish a l7-lot single family residential Planned Unit Development tentative subdivision map at the existing San Joaquin Villas condominium project.
It is recommended the City Council take the following actions:
1. Ask for the City Planner to deliver the staff report;
2. Ask any questions of staff regarding the project;
3. Ask the applicant for a statement regarding the project;
4. Ask for a motion to approve the request by adopting Resolution 23-49 Discussion/Analvsis
The project is proposing a Tentative Subdivision Map to create a 17 -lot Planned Unit Development subdivision at the existing San Joaquin Villas condominiums project located on N Dos Palos Road, approximately 1,780+ feet north of Clyde Fannon Road. Attachment "A" shows the project location and Attachment "B" is an aerial photo of the site.
The San Joaquin Villas was originally approved as a condominium project in2007. The project was originally designed for 2l condominiums. After 10 units were built the economy faltered and the project has remained uncompleted ever since. Currently 11 undeveloped home sites remain vacant. The project would convert the site from condominiums into traditional lots (albeit smaller than required by the underlying "R-3" zone (Multi-Family Residential)).
The project was designed as a Planned Unit Development - meaning the developer requested and received approval for reductions in certain zoning standards, such as building setbacks and street design. The intent of the original project was for the project to provide affordable housing for Firebaugh residents. Unfortunately, the economy faltered and the project was never finished. In addition, other developers later entered the area market and have provided more traditional housing projects on larger lots, which have been preferred by most home buyers. -1-
SfaffReport to Firebaugh City Council (12/5/2023)
Tentative Subdivision Mao 2023-01 (Habitat for Humanitv) Several years ago the City made contact with the non-profit housing organization Habitat for Humanity who voiced interest in taking over the site and building new homes and also adding more parking to the site.
The proposed new project will convert the site from a single master parcel with 2l "airspace" condominiums into 17 lots along with streets and new parking lots (that will be owned by the City as public right-of-way) (see Attachment "C").
Seven of the vacant home sites will be developed with a new single-family home on each lot.
Four of the remaining lots will be developed with public parking lots, to add badly-needed parking to the project. A row of parking will also be installed along the front of the site (in an existing landscaped area) A total of 28 parking spaces will be added to the site (see Attachment 'oD").
New homes to be developed will mirror the architectural style and appearance of the existing homes, with lap siding and articulated windows. Habitat for Humanity is a non-profit organization that assists communities in providing affordable housing. Of note, the organization requires families purchasing a home to contribute 500 hours toward construction of their dwelling. Home ownership within the subdivision will be limited to lower-income households.
The project will still carry the "Planned Unit Development" zoning designation, which allows flexibility with respect to zoning and development standards.
Proposed lot sizes will range from 2,058 square feet to 2,261 square feet. Accordingly, lot width and depth dimensions will also be smaller than required in the underlying R-3 zone. Building setbacks will also be reduced and include the following:
Front yards: 7 feet
Side yards: 3 feet (Street side yards will be 5 feet)
Rear yards 6 feet
Maintenance of the existing water, sewer and storm drain lines will be taken over by the City The City will also maintain the streets and parking areas within the subdivision. /,
SfaffReport to Firebaugh City Council (12/5/202s)
bd 2
Planning Commission recommendation
The Planning Commission conducted a public hearing on this request on Novemb er 13,2023.
Following discussion, the Commission voted unanimously to recommend approval of the tentative subdivision map. In doing so, members of the Commission stated t'hat they feel this presents an opportunity for the project to be completed and to be maintained properiy.
Conclusion
The project has been reviewed by City staff including Public Works, police, Fire, Engineering and Building Departments who have contributed conditions of approval that are listed in the attached resolution. With these conditions in place, it is recommended the City Council approve the project.
BACKGROUND INFORMATION
Applicant/ Habitat for Humanity Greater Fresno Area
4991E. McKinley Avenue, Suite 123
Fresno, CA93727
Property
Owner: Multiple owners. Habitat for Humanity has purchased the undeveloped homesites and common area lot
The subject site is located on the east side of Highway 33 approximately 1,7g0 feet north of clyde Fannon Road. The Assessor parcel Numbers are 007 -370- 001,007 -370-002, 007-370-003,007 -370-004,007 -370-005, 007-370_00 6,0o7 _ 370-007,007-370-009,007-370-009,007-370-010, 007-370-01t,007_370_012, 007-370-0013,007-370-0014,007-370-015,007-370_016,007_370_017,007_370_ 0 1 8, 007-370-0 1 9, 007 -37 0 -020, 007 -37 0 -02 1 and a common lor.
The applicant is requesting approval to convert the existing san Joaquin villas condominium project into a 17-lot single family residentiai planned unit development tentative subdivision map. The project will alio include seven "outlots" for public purposes, including parking and landscaping.
The overall subject site contains approximately 1.6+ acres) and is developed with 10 condominium units with l1 vacant sites remaining. other improvements include streets, lighting, landscaping and utility connictions.
Location
Request:
Site:
-3-
SfaffReport to Firebaugh City Councit (12/5/202s)
Te Subdivision M 2023-01 Humanitv) (Habitat for
Zone:
Surrounding land uses are as follows
North: Church
South: Vacant
East: Agriculture
west: state highway, railroad and agricultural processing facility The site is zoned R-3 (PUD) (Multi-family residential (pranned unir Development overlay)). Key development standards for the R-3 zone are as follows:
Front yard setback: 15 feet, minimum
Rear yard setback: 10 feet, minimum
Side yard setbacks:
Street side yard: 10 feet, minimum
Interior side yard: 5 feet, minimum
20 foot setback required for garage or carport when designed for backing vehicle onto the street
Distance between
structures same lot
Lot coverage:
Building height:
Parking:
10 feet, minimum
80 percent
25 feetl2 stories, maximum
Two spaces per dwelling
Surrounding zone classifications iue as follows:
North: R-3 (Multi-Family Residenrial)
South: R-3 (Multi-Family Residential)
West: M-1 (Light Industrial)
East: R-3 (Multi-Family Residential)
General Plan: The subject site is currently designated "Medium-High Density Residential,'by the Land Use Element of the Firebaugh General Plan. The R-3 zone is consistent with the land use designation.
Access Access to the site is provided by North Dos palos Road (state Highway 33). This roadway is designated an Arterial street by the Circulation Element of the Firebaugh General Plan. In the vicinity of the site this street features one travel lane in each direction along with gravel shoulders. Ultimate design improvements call -4-
Staff Report to Firebaugh City Council ft45/2023)
Tentative S ivision Mao 2O23-01 (Habitat for Humanitv)
for this roadway to have two travel lanes and a parking lane in each direction, along with curbs, gutters and sidewalks.
Infrastructure: There are existing water, sewer and storm drain lines that run past the site under North Dos Palos Road.
Services Police and fire protection are provided by the City of Firebaugh Environmental: The project is categorically exempt from review under the Guidelines of the California Environmental Quality Act per Section 15332 (infill projects). -5-
Staff Report to Firebaugh City Council (12/5/2023)
Tentative Su ivision Mao 2O23-0'1 /Hahitat for Humanitv) //
\,
Site
3. \{0 Y
Attachment'6A": Location Map
-6
Staff Report to Firebaugh Ctty Council fi45/2023)
Tentafive Srr ivision Mao 2023-01 (Habitat for Humanitv) Attachment'68": Aerial Photo
-7-
SfarTReport to Firebaugh City Councit (12/5/2023)
T Subdivision Mao 2O23-O1 Humanitv) (Habitat for
Attachment'(C": Proposed Tentative Subdivision Map
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RESOLUTION 23-49
BEFORE THE CITY COUIICIL
CITY OF FIREBAUGH
couNTY oF FRESNO, STATE OF CALIFORNIA
A RESOLUTION OF TITE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING TENTATTVE SUBDTVTSTON MAp 2023-01 (HABTTAT FOR HTJMANTTY) WHEREAS, a request was submitted by Habitat for Humanity Greater Fresno Area, 4991 E.
McKinley Avenue, Suite 123, Fresno, CA93727 to approve a Tentative Subdivision Map for a 1.7-acre site located on the east side of State Highway 33, approximately 1,780 feet north of Clyde Fannon Road, (Assessor Parcel Numbers are 007 -370-001, 007-370-002, 007-370-003,007-370-004,007 -370-005,007-370-006, 007- 370-007,007-370-008, 007-370-009,007-370-01 0, 007-370-01 1, 007-370-012, 007-370-00 13,007-370-0014, 007-370-015,007-370-016,007-370-077,007-370-018,007-370-0t9,007-370-020,007-370-021)and WHEREAS, the site is currently designated "High Density Residential" by the Land Use Element of the Firebaugh General Plan, and is zoned "R-3 (PUD)" (Medium High Density Residential (Planned Unit Development)) on the official zoning map of the City of Firebaugh, and WHEREAS, the subdivision proposes the creation of 17 lots and seven Outlots for public uses including parking and landscaping, and
WHEREAS' consistent with the (6PIJD" (Planned Unit Development) overlay zone, the project proposes deviations from certain zoning standards of the "R-3" zone, as follows:
a. Lot sizes will range from 2,081 square feet to 2,248 sqtare feet. b. Lot widths will range from42.47 feet to 44.53 feet.
c. Lot depths will range from 49 feet to 51 feet.
d. Front yard setbacks will be approximately 7 feet.
e. Side yard setbacks will be 3 feet. Street side yards will be 5 feet. f. Rear yard setbacks will be 6 feet.
WHEREAS, property owners within 300 feet of the subject site were notified of the City Council's meeting and a public hearing notice was published ten (10) days prior to the City Council's meeting, and WHEREAS, the Planning Department has prepared a staff report and environmental finding, and WHEREAS, the City Council held a public hearing on this application and accepted testimony.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this project:
1. The project is consistent with the Firebaugh General Plan and Zoning Maps, as amended.
2. The project will not have a significant impact on the environment and a Notice of Exemption has been prepared consistent with Section 15332 (Infill Projects) of the Guidelines of the Califomia Environmental Quality Act.
3. The project will not have an adverse impact on the health, safety, and welfare of residents in the neighborhood or community.
-1-
Firebaugh City Council
Resolution No. 23-49 (Habitat for Humanity Subdivision Map)
NOW THEREFORE BE IT RESOLVED THAT Tentative Subdivision Map 2023-01, as shown in Exhibit "A", is approved subject to the following conditions:
L Label the tentative map with the corresponding tract map number as provided by the City Planner.
2. Show and properly identify the width and location of any missing public or private easements within and around the proposed subdivision.
3. Show the highest numbered lot circled.
4. Label the streets or add a statement they are being dedicated to the City of Firebaugh for public access and maintenance purposes.
5. Delete labels for Outlot B, Outlot C, Outlot D, and Outlot E and merge these Outlot areas to the street dedications.
6. Label the underground utilities and streetlights or add a statement that they are being dedicated to the City of Firebaugh for public purposes.
7. Add a statement Outlot A; Outlot F, and Outlot G are being dedicated to the City of Firebaugh for public parking lot purposes.
8. Show and label easements for the streetlights.
9. Show the distance and bearings for the full subdivision boundary and the existing street centerlines.
10. Show and label all proposed and existing water and sewer services to each lot.
I l. Show and label all proposed and existing driveway approaches to each lot.
12. Show and label the as-built structural sections for the subdivision streets.
13. Show and properly identifu Center Line Monuments on the map at all locations required by the City Standards.
14. Revise the map to show all other applicable requirements under the Tentative Subdivision Map - Conditions of Approval below.
15. All minimum conditions of subdivision approval in the City of Firebaugh Subdivision Ordinance are included by reference.
16. The subdivision map shall comply with all provisions of the Subdivision Map Act
17. Approval of the Tentative Map is subject to all required California Environmental Quality Act studies and corresponding mitigation measures as determined by the City Planner.
18. Approval of the Tentative Map is subject to all zoning and land use requirements as determined by the City Planner.
19. Prior to approval of the Final Map and recording thereof, the Subdivider shall:
a. Dedicated for acceptance by the City Council all existing infrastructure for the subdivision including streets, underground utilities, and all other applicable surface improvements for public purposes.
b. Construct all missing public improvements or provide the required surety for the construction thereof for acceptance by the City Council.
c. Provide all necessary dedications for right of ways and easements to the City of Firebaugh, public utility companies, and other affected agencies.
d. The Subdivider shall dedicate a Use Easement for the storm basin to the City of Firebaugh.
20. Firebaugh City Council
Resolution No. 23-49 (Habitat for Humanity Subdivision Map)
Prior to approval of the Final Map, improvement plans for parking lots, driveway approaches, utility services, street center line monuments, erosion control and other required improvements shall be submitted for the City Engineer's approval.
Public improvements shall conform to the latest edition of the City of Firebaugh Improvement Standards except as permitted by any zoning and land use approvals for this project and any modifications thereto approved by the City Engineer. The work shall comply with all applicable State, Federal, and local laws, and regulations.
A soils report prepared by a Califomia registered geotechnical engineer shall be submitted to the City Engineer as part of the improvement plans. The soils report shall include recommendations for the structural sections for parking lots, excavation, compaction, clearing, and grubbing requirements.
Prior to approval of the improvement plans, Subdivider shall file all required documents with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 801 1 -808 1).
Prior to the issuance of any grading and encroachment permits, Subdivider shall pay the permit fee, plan check and inspection fees, and fumish improvement securities pursuant to the City's improvement standards, municipal code, ordinances, and California Subdivision Map Act.
Prior to the issuance of a building permit, Subdivider shall pay all development impact fees as specified and pursuant to the City's municipal code, ordinances, and resolutions. The fee assessment shall include all applicable fees for Public Facilities, Police, Fire Protection, Streets, Water, Sewer, Storm Drainage and Parks. Fees shall be paid at the time of the issuance of each permit.
The proposed parcels shall be annexed to the Landscape and Lighting Maintenance District and any other applicable assessment districts for the City of Firebaugh.
Provide utility services to each lot including electric power, gas, telephone, and cable television.
Construct all proposed utilities underground within the sffeet rights of way or public utility easement.
Subdivider shall comply with all flood hazard requirements for all newly created lots pursuant to the City of Firebaugh Floodplain Management Regulations.
The location and installation of mailboxes shall be approved by the US Postmaster and the City of Firebaugh.
The names for the subdivision streets are subject to approval by the City of Firebaugh.
The existing and proposed rights of way and easements shown on the Tentative Map shall be preliminary until the Final Map is reviewed and approved by the City Engineer.
Subdivider shall coordinate and obtain all required permits and approvals as applicable from Caltrans, Fresno County and any other stakeholders affected by the work. 2I
22. 23
24 25
26 27
28 29
30 31
32 35.
36. Firebaugh City Council
Resolution No. 23-49 (Habitat for Humanity Subdivision Map)
Subdivision Public Improvements
Streets
33. Subdivider shall dedicate to the City of Firebaugh the existing street improvements and the 20-ft street right of way pattern for Merced Avenue, Fresno Avenue, Stanislaus Avenue and Tuolumne Avenue per the Tentative Map. The street improvements dedicated for acceptance shall include the roadway pavement, curb, gutter, and intersection cross gutters. Any existing and proposed driveway approaches shall remain privately owned. The right of way dedication for these streets shall extend to the property line.
Subdivider shall dedicate to the City of Firebaugh the existing street improvements and the 23-ft street right of way pattem for San Joaquin Avenue per the Tentative Map. The street improvements dedicated for acceptance shall include the roadway pavement, curb, gutter, and intersection cross gutters. The right of way dedication for this street shall extend to the property line.
Subdivider shall dedicate to the City of Firebaugh the existing streetlights within a City-approved easement.
Subdivider shall install street centerline monuments for all the dedicated streets pursuant to the City Improvement Standards and Sections 8771 (a-f) of the Business and Professions Code of Califomia.
34. 37 Subdivider shall dedicate to the City of Firebaugh the existing water infrastructure for the subdivision including the underground pipelines, fire hydrants, water valves and covers, water meters and boxes.
The existing and proposed water services shall be sized to meet domestic and fire protection demands and shall include shutoff valves, corporation stops, and water meters. Subdivider shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing as applicable.
The existing and proposed water meters and the fire hydrants shall be located within a Cityapproved easement.
Construct any missing water services pursuant to the City Improvement Standards. Subdivider shall cap any unused existing services at the property line. 38 Sewer System
41. Subdivider shall dedicate to the City of Firebaugh the existing sewer infrastructure for the subdivision including the underground pipelines, manholes and covers, and property line cleanouts.
42 The existing and proposed property line cleanouts shall be located within a City-approved easement.
Construct any missing sewer laterals pursuant to the City Improvement Standards. Subdivider shall cap any unused existing laterals at the property line.
Water System
39. 40.
43 Firebaugh City Council
Resolution No. 23-49 (Habitat for Humanity Subdivision Map)
Storm Drainaqe
Subdivider shall dedicate to the City of Firebaugh the existing storm drain infrastructure for the subdivision including the underground pipelines, manholes and covers, and drain inlets.
Storm runoff from lots shall be collected and conveyed thru pipe curb drains per the City Improvement Standards.
Storm runoff from the subdivision shall be conveyed to the existing privately-owned and maintained storm basin. Subdivider shall grant and cause the dedication of an easement to the City of Firebaugh for disposal of street runoff into the private storm basin.
Parking Lots
47. Construct the proposed parking lots pursuant to the City Improvement Standards. Subdivider shall dedicate the parking lots to the City of Firebaugh for public purposes. Maintenance costs for the parking lots shall be paid for from assessment fees to be collected from the proposed subdivision lots. Further the proposed public parking areas shall be improved with landscaping, consistent with City requirements, including the establishment of shade trees sufficient to provide 50% shading of parking areas within 15 years.
NOW THEREFORE BE IT RESOLVED THAT Tentative Subdivision Map 2023-01, as shown in Exhibit "A", is hereby approved by the Firebaugh City Council.
The foregoing resolution was adopted upon a motion of Council member , second by Council member at a regular meeting of the Firebaugh City Council on the 4th of December, 2023,by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
44. 45.
46. Felipe Perez, Mayor
City of Firebaugh
Rita Lozano, Deputy City Clerk
City of Firebaugh
I
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TENTATIVE SUBDIVISION
MAP TRACT
SAN JOAQUIN VILLAS
APN: 007-370-01 THRoUGH 007-370-21
ourloT 8 OUTLOI C
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VICINITY MIP
OUTLOT
LE$L DESCRIfiION
ro -rE up rFERLo.. PrcES 34 AND 35. IR$NO COIW RECORDS
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I EXENNC ?OMrc . R-I 2. PROmSD zodrNc = R-3 J. EXI5'NG/PROPGED UND 4. PROPERT ^RU
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RECORD OWNERS:
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SUBDIUDER:
499I E. MCKINLEY AVE.. SE 12J -l_- 0 16 ro & MERCEN. FRFSNO. STNISUUS. TUOLUMNE AVENUF 9N JOAOUIN AWNUF PREPARED W:LANDDESIGN -e
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WATER AND WASTEWATER
RATE STUDY
City of FirebaughPresented By:
Clayton Tuckfield PE
Tuckfield & Associates
December 2023
!f, *S
Purpose of Rate Study
o Evaluate sufficiency of existing water and sewer revenues to
' Provide funding for current and future operating,
maintenance, and capital improvements
o Meet minimum reserve level requirements
' Meet legal obligations associated with outstanding
debt
o Develop rates which will generate sufficient revenue to meet cost of providing essential water and wastewater
se rvices
e
Why Do Rates Change?
' Provide on-going financial support for enterprise systems ' Salaries, benefits, electrical, chemicals, and other costs increase over time o Provide for capital improvement needs
. system replacements and improvements
o lllaintain cash reserves
o operating a nd ca pita I
o Jlleet debt service coverage ratio requirementso Enable the City to apply for state grants and loans o
r-I
operating and capita I Reserves (asorrune3o, zoz3)
o Qperating Fund Reserve
' 5 months (50%) of o&M expense (current city Goal)
. Capital Replacement Reserve . 50 percent of annual depreciation expense o Emergency Capital Reserve . 3 percent of enterprise value o
Total
Capital Emergency Resene
Capital Replacement ResenreOperating Resene
$5,363,070
$332,000
$693,430
$4,337,@0
$1,289,000
$332,000
$235,000$721,000
$6,175,634
$135,000
$870,724
$5,169,910
$793,000
$135,000
$81,000
$577,000
Reserve
Balance
Reserve
Target
Wastewater
Reserve Reserve
Balance Target Reserve Type
Water
Water System
o
-Water Capital lmprovement program
Project FY23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Leaky Pipes Replacement
Well Rehabilitation
Well Filters
Water I nfrastructure Master
Plan
Water Meters
Total
s520,000
Stso,ooo Stso,ooo Stso,ooo
S5oo,ooo
Stzo,ooo
52o,ooo S20,ooo $zo,goo S20,ooo $2o,ooo
o
- F\ 22-23 Fy 23-24 Fy 24-25 Fy 25-26 Fy 26-27 Fy 27-28 Fy 28-29 Fy 29-30 Fy 30-31 Fy 31-32 IO&M m2016Bonds
-2013Bonds
Solarpmt
-
Capital Spending I Reserves
-Rev
w/ Incr
-Rev
W/o Incr
Water Enterprise - I.4oA lncrease Annually
End of Year Cash Reserves Versus
Water Financial Plan Target Reserves
s3$s
s2s1s1so
>b.u
c
.9
E
g
.o
=E
5s.0s4.0
$3.0s2.0$1.0s0.0
FY 22-23 FY 23-24 Fy 24-25 Fy 25-26 Fy 26-27 Fy 27-28 Fy 28-29 Fy 29-30 Fy 30-31 Fy 31-32 r End of Year Cash Reserves
-Target
Reserves
o DebtRatio L94% 185% L82% L7L% L58% tSL%o t4t t27% t74% -Proposed Water Fixed Monthly Charges
Fixed Charge ($ per month)
lndustrial
2 inch3 inch
4 inch6 inch
14 inch
Public Housing Authority
lncluded Volume
75 100175
325
500
1 inch and smaller
1-112inch
2inch
3 inch
4 inch
6 inch
$16.96
$25.80$38.81
$e3.66
$131.53
$260.62
$253.81
$338.41$592.22
$1,099.83
$1,692.04
$17.61$26.71
$3e.89
$93.e9
$132.45$264.92
$264.6s$352.87
$617.52
$1,146.82$1,764.34
$17.86$27.08
$40.4s$9s.31
$134.30
$268.63
$268.36
$357.S1$626.16
$1,162.97$1,789.04
$18.11$27.46
$41.02$96.64
$136.18
$272.39
$272.12
$362.82$634.93
$1,1 79.1 5$1,814.09
$18.36
$27.U$41.59
$97.9e
$138.09
$276.20
$27s.93
$367.90$643.82
$1,195.66$1,839.49
$18.62$28.23
$42.17
$99.36
$140.02$280.07
$279.79$373.05
$6s2.83
$1,212.40$1,86s.24
$39.04 $37.96 $3S.49 $39.03 $39.58 $40.13
o
Current
Rate
April 1,
FY 23-24
January 1,
FY 24-2s
January 1,
FY 25-26
January 1,
FY 26-27
January 1,
FY 27-28 Classification
All Customers Except lndu$rial
Meter Size
Proposed Water Va ria ble Cha rges
April 1,
FY 23-24
Current
Rate
January 1,
FY 24-25
January 1,
FY 25-26
January 1,
FY 26-27
January 1,
Classification FY 27-28
Si ngle-fami ly Residentia I 'l'ier1-0toTunits
Tter2-8to15unitsTler3-Orcr15
M ultifami ly Reside ntia I
Commercial
lndustrial (Charge Over lncluded Volume)Public Authority/SchoolsLandscape lrrigationLas Deltas [1] Tierl-0to5000units Trer 2 - 5001 and Orer
[1] Contract rate.
$1.67$2.07$2.77
$1.86$1.86
$3.33
$1.86
$2.54$3.17$3.49
$1.77$2.06
s2.46
$2.03
$2.03$3.50$2.03$2.63
$3.21$3.54
$1.82$2.12$2.52$2.08$2.08
$3.60$2.08$2.71$3.30$3.64
$1.85$2.15
$2.56
$2.11$2.11
$3.65$2.11$2.75
$1.88
$2.18
$2.60$2.14$2.14
$3.70$2.14$2.79$3.40$3.74
Variable Charge
$1.79
$2.09$2.49
$2.05$2.05
$3.55$2.05$2.67$3.25$3.59
($ per 1,000 gal)
35 69
$3.$9.
o
Five-Year Projection
of SFR Water Bill
SFR monthly Water Bill with 3/4-inch Meterat 10 kgal monthly (average) First increase is different from financial plan
due to cost of service adjustments in this
year.
S4s
$40$:s
S:os2sS2o5ls
S10
5s
so
S34.86
)Jb.bb 537.21
FY 24-25 FY 25-26
I Fixed Charges I Variable Charges
Cu rrent
Fixed Charges
Variable Charges
Total Charges
Dollar ChangePercent Change
s36.18
FY 23-24
537.76
FY 26-27
s38.32
F\ 27-28
$16.96
$17.90$34.86
$17.61
$18.57$36.18
$1.32
3.80h
$17.86
$18.80$36.66
$0.48
1.3%
$18.11
$19.10$37.21
$0.5s
1.s%
$18.36
$19.40
$37.76
$0.55
1.5o/o
$18.62$19.70$38.32
$0.56
1.5o/o
SFR Charges Curre nt Jan 1,2025
Proposed
1 2024 Jan 1 2026 Jan 1,2027 Jan'1,2028
@
Water Bill Comparison with Other Communities
t/+-inch meter @ ro kgal per month
@
5o ss sro s1s szo szs s:o s:s sao $+s sso sss
Orange Cove s48.s3
Firebaugh April 1,2A24 s35.18
Firebaugh Current s34.86
Kingsburg $:z.zs
Parlier s3o.7o
Fowler 523.24
Sa nger 5r9.44
Wastewater System
@
-Wastewater Capita I I m provement program
Project FY23-24 tY 24-25 FY 25-26 FY 26-27 FY 27-28
Replacement Projects
Total
5200,000 SZ00,OO0 5200,000 5200,000 $200,000
' Master Plan Future Projects - not included in Rate Study . Downtown Alleys Pipeline Replacement - SS.6M. Highway 33 Pipeline Replacement - S0.f Vt . Treatment Plant lmprovements - 19.2M
@
- c
€
E
1.5 * st.o
5o.o
Wastewater Enterprise - No lncreases Required
End of Year Cash Reserves
Versus Target Reserves
Sg.o$a.oS7.o
s6.0
Ss.oS4.o>J.U
s2.0Sr.o
So.o
Wastewater Financial Plan
52.ss2.0
S
c
€
E
So.s
FY 22-23 FY 23-24 Fy 24-25 Fy 25-26 Fy 26-27 Fy 27_28 Fy 28-29 Fy 29-30 Fy 30-31 Fy 31-32 IO&M r20164 Bonds rcapitalspendingI Reserves
-Qsy
\U/ In6p
-Rev
w/o Incr
Rates implemented January 1 of each year.
FY 22-23 FY 23-24 Fy 24-25 Fy 25-26 Fy 26-27 Fy 27-28 Fy 28_29 Fy 29_30 Fy 30-31 Fy 3L_32 I End of Year Cash Reserves
-Target
Reserves
Target Reserves = 5 mo. O&M plus SSOOk Ctp Spending @
rWastewater Bill Comparison with Other Communities
o
5o ss sro srs 5zo szs 5:o 5:s 540 s+s sso Sss Seo
Firebaugh Current Ss8.32
Fowler S42.s6
Kingsburg S41.63
Orange Cove S39.60
Sanger S39.86
Parlier S3e.s2
-rProposed Timeline and Next Steps
Council Presentation on Rates December 4
City Council Authorization December 18
Proposition 218 Notices Mailed Out before January 21
Public Hearing February 19
lmplement new Rates April t,2024
@
Event Date
cTU CKF r E LD@TU CKF I E LDASSOCTATES.CO M
Clayton Tuckfield PE
Tuckfield & Associates
J iir t OUESTIONS?
,\\ . -- * *- '+i.s.srdrtdlciEtlF '
RESOLUTION NO. 23.50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF T'IREBAUGII APPROVING AIID
AUTHORIZING EXECUTION OF'AN AGREEMENT FOR PROFESSIONAL
coNsuLTrNG SERVTCES WrTH RETATL STRATEGTES, LLC
WHEREAS, the City of Firebaugh desires to hire the Retail Strategies, LLC to provide professional consulting services to identify the city's retail trade area; and WHEREAS, Retail Strategies, LLC is a unique provider of professional consulting services in retail recruitment because of their professional skills and trained experience to provide such services; and WHEREAS, the parties wish to enter into an Agreement for Professional Retail Recruitment Services, attached hereto as Exhibit A; and.
NOW THEREFORE, BE IT RESOLVED AllD ORDERED that the governing body of the City of Firebaugh hereby approves the attached Agreement for Professional Retail Recruitment Services, which is incorporated herein by this reference and authorizes the City Manager, Benjamin Gallegos, to execute the same on behalf of the City.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 4ft day of December 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Felipe Perez,Mayor Rita Lozano, Deputy City Clerk
PROF'ESSIONAL SERVICES AGREEMENT TO PROVIDE
CONST]LTING SERVICES
This Professional Services Agreement to Provide Consulting Services (this "Aqreement") sets forth the mutual understanding of (the "Client") City of Firebaugh, CA and Retail Strategies, LLC, an Alabama limited liability company (the "e_aNutgn1") on this, the _12_ day of _December_, 2023 (the "Execution Date"), for the provision of professional consulting services, as more fully set forth below.
RECITALS:
The Consultant possesses a high degree of professional skill and experience and is a unique provider of professional consulting services in retail recruitment.
The Client desires to hire the Consultant to provide professional consulting services because of its professional skill and experience.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth in this Agreement, the Client and the Consultant, intending to be legally bound, do hereby agree as follows:
1. CONSULTING SERVICES. The Consultant agrees to provide the following professional consulting services to the Client (the "services"):
A. Research. The Consultant will identify the Client's retail trade area using a blend of demographics, political boundaries, drive times and/or custom boundaries. The Consultant will perform market and retail analysis based on current industry standards at the time such reports are run. The Consultant will map retail locations and analyze opportunities given local and macro retail trends.
In-Market Real Estate Analysis. The Consultant will analyze existing shopping centers and retail corridors and actively reach out to local brokers and real estate owners. The Consultant will identifr, evaluate and catalogue priority commercial properties for development or redevelopment based on their highest-and-best-use. The Consultant will identifl, priority business categories to expand locally and to recruit to the area.
Retail Recruitment. The Consultant will proactively recruit businesses for targeted zones through the contact of a minimum of 30 retailers, restaurants, brokers or developers. The Consultant will regularly update the Client Representative on retail recruitment efforts via email, telephone and the Consultant's client web portal known as "Basecamp." One market visit per calendar year is included in this agreement; additional travel outside ofthis agreement and requested by the Client shall be approved and paid for by the Client. The Consultant will represent the Client at International Council of Shopping Center conferences and provide updates according to the yearly conference schedule.
B
C
D Updates. The Consultant will provide the Client Representative with updates within three (3) business days of receipt of a request from the Client Representative (as defined in Section 4 below).
2. TERM. The Consultant's engagement and provision of Services will commence upon the Execution Date as set forth above. The Consultant's engagement and this Agreement will terminate automatically on the second anniversary of the Execution Date (the o'Term") unless earlier terminated as provided in Section 6 below. At the end of the Term, the Client, acting by and through the Client Representative, may extend the Term, at its option, for successive one-year periods on such terms and conditions as the Client Representative, acting for and on behalf of the Client, and the Consultant may agree upon in writing.
3. CONSULTING FEE.
Consultine Fee. In consideration for providing the Services, the Client agrees to pay the consultant a consulting fee (the "eqqsuting igg") in an amount equal to $40,000.
The Consulting Fee will be paid in installments of immediately available funds as follows:
Payment Default. If the Client fails to pay any portion of the Consulting Fee on the requisite payment date, the Consultant will immediately cease all Services, including, but not limited to: (l) negotiation of incentive agreements; (2) all recruiting and marketing efforts; (3) representation ofthe Client at trade shows; (4) booking meetings for the Client with prospective retailers; and (5) including the Client in marketing materials.
C. Non-Appropriation: Lack of Available Funds. The parties acknowledge that the Services to be performed under this Agreement are expected to extend beyond the Client's budgeted fiscal year. Notwithstanding any other provision ofthis Agreement, if, during the term of this Agreement, or any renewal term, if applicable, the Client's budget does not appropriate sufficient funds for this Agreement, then Client may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant. Upon termination ofthe Agreement under this section, Client shall have no further liability to pay any funds to the Consultant or to furnish any other consideration under this Agreement, and the Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, Client shall have the option to either terminate this Agreement with no liability to the Client or offer an amendment to the Consultant to reflect the reduced amount. Consultant'q assumption of risk of possible non-appropriation is part of the consideration for this Agreement. Consultant acknowledges that Client's budget decisions are subject to the discretion of the City Council.
A.
B
2 Contract Period Payment Date Payment Amount
Year Two Upon execution of this
agreement $40,000
4. CLIENT INF'ORMATION AND ACCESS.
A. To the extent permitted by law, the Client will provide the Consultant with access to relevant personnel, facilities, records, reports and other information (including any information specified in the Consultant's proposal to the Client) accessible Uy ttr! Client that the Consultant may reasonably request from time-to-time during the Term.
The Client acknowledges and agrees that the Consultant's scheduled delivery of the Services is dependent upon the timely access to such personnel, facilities, iecords, reports and other requested information. Consultant shall implement and maintain generally accepted industry standards and measures to protect data and information received from Client and shall comply with all applicable laws in the storage, use, and disclosure of such data and information. In the event that Consultant becomes aware of actual or potential unauthorized access or disclosure of Client data or information, Consultant shall immediately notify Client, and shall reasonably cooperate with Client's investigation of the incident.
B. To facilitate such access and Consultant's delivery ofthe Services, the Client designates the City Manager (the "Client Representative"), currently Ben Gallegos. The Client Representative will serye as the primary liaison between the Consultant and the Client.
The Client Representative will have responsibility for regular communications between the Client and the Consultant, including providing updates in a timely manner through Basecamp. The Client Representative's communications to the Consultant will include information regarding retail growth and development, such as actual and prospective business openings and closings, changes in economic drivers (e.g., significant inireases or decreases in workforce of major employers, school enrollments, housing or healthcare services) and changes in the ownership oftargeted real estate (e.g., tranJfers of real estate or changes in the finances of ownership). The Client Representative will also be responsible for disseminating updates relative to consultants' activities related to scope of work to members of local stakeholder groups of the Client (e.g. City Council, Economic Development Boards, and Chamber of Commerce etc.).
C. The Client hereby authorizes the Client Representative (i) to act on behalf ofthe Client in the day-to-day administration and operation ofthis Agreement and the arrangements it contemplates and (ii) to execute and deliver, on behalf of the Client, such notices, approvals, consents, instruments, amendments or other documents as may be necessary or desirable to facilitate or assist the Consultant with the provision of th" Services, subject to City Council approval as may be required by state or local law.
5. INTELLECTUAL. PROPERTY. As part of the Services, the Consultant will prepare periodic and final reports, including demographic and other research reports that will become the property of the Client upon delivery from the Consultant. Any other reports, memoranda, electronic mail, facsimile transmissions or other written documents piepared oi used by the Consultants in connection with the Services will remain the property of the Consultant. With tfie Consultant,s prior permission, the Client may use other information provided by the Consultant, such as specifics reiated to retailers, developers, site information or other "confidential information" for intbrnal purposes while taking reasonable steps to so limit the use of such materials and maintain its confid.niiutiiy.
J
6. TERMINATION.
C.
D.
A.
B
B), the Client AcWill. The Client may terminate this Agreement at any time for any or no reason upon delivery of 30 days' prior written notice to the Consultant. Any portion of the Consulting Fee paid prior to such termination of this Agreement is earned when paid and nonrefundable.
By the Client Upon the Consultant's Default. The Client may notifr the Consultant within 90 days of the day that the Client knows or should have known that the Consultant breached this Agreement. The Consultant will have 30 days following receipt of such notice to cure any alleged breach. If the Consultant fails to cure any alleged breach within that 30-day period, then the Client may terminate this Agreement.
Within 30 days of such termination of this Agreement, the Consultant will refund a pro rata portion of the installment of the Consulting Fee previously paid for the contract period during which such termination occurs based upon the number of days remaining in such contract period.
By the Consultant At-Will. The Consultant may terminate this Agreement at any time for any or no reason upon delivery of 30 days' prior wriffen notice to the Client. Within 30 days of such termination of this Agreement, the Consultant will refund a pro rata portion of the installment of the Consulting Fee previously paid for the period during which such termination occurs based upon the number of days remaining in such period.
By the Consultant Upon the Client's Default. The Consultant may notify the Client within 90 days of the day that the Consultant knows or should have known that the Client breached this Agreement. The Client will have 30 days following receipt of such notice to cure any alleged breach. If the Client fails to cure any alleged breach within that 30-day period, then the Consultant may terminate this Agreement. Any portion of the Consulting Fee paid prior to such termination of this Agreement is earned when paid and nonrefundable.
7. NOTICES. Any notice or communication in connection with this Agreement will be in writing and either delivered personally, sent by certified or registered mail, postage prepaid, delivered by a recognized overnight courier service, or transmitted via facsimile or other electronic transmission, addressed as follows:
Client: City of Firebaugh, CA
I 133 P St.
Firebaugh, CA93622
Email: bgal legos@fi rebaugh.ca.us
Attention: Ben Gallegos
4 Consultant: RetailStrategies,LLC
2200Magnolia Ave. South, Suite 100
Birmingham, AL35205
Email: sleara@ sles.com
Fax: (205) 313-3677
Attention: Stephen P. Leara, Esq - EVP I General Counsel or to such other address as may be furnished in writing by either party in the preceding manner. Notice shall be deemed to have been properly given for all purposes: (i) if sent by a nationally recognized overnight carrier for next business day delivery, on the first business day following deposit of such notice with such carrier, (ii) if personally delivered, on the actual date of delivery, (iii) if sent by certified U.S. Mail, return receipt requested postage prepaid, on the third business day following the date of mailing, or (iv) if sent by facsimile or email of a PDF document (with confirmation of transmission), then on the actual date of delivery if sent prior to 5 p.m. Central Time, and on the next business day if sent after such time.
8. INDEPENDENT CONTRACTOR. The Consultant, in its capacity as a professional consultant to the Client, is and will be at all times an independent contractor. The Consultant does not have the express, implied or apparent authority either (A) to act as the Client's agent or legal representative or (B) to legally bind the Client, its officers, agents or employees.
9. INDEMNIFICATION. Consultant shall defend, indemniff, and hold harmless Client and its agents, representatives, offrcers, consultants, employees, City Council, members of the City Council (collectively, the "Client Parties"), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to, attorney fees and costs, including fees of consultants) of any kind, nature and description (collectively, the "Claims") directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Consultant, or its respective agents, subcontractors, or employees, in the performance of or failure to perform Consultant's obligations under this Agreement. The indemnification provided for in this Section 9 includes, without limitation to the foregoing, claims that may be made against Client based upon any contention by any third party that an employeremployee relationship exists by reason of this Agreement or any services provided by or on behalf of Consultant pursuant to this Agreement, including, to the fullest extent permitted by law, claims of wage and hour violations of any kind, failure to secure workers' compensation insurance, or employment discrimination or harassment. Notwithstanding the foregoing, Consultant's indemnification for any Claims in this Section 9 shall be limited to the amount of the Consulting Fees paid or the insurance coverages required in Section 10, below.
10. STANDARD TERMS.
Affiliated Services. The Client acknowledges that certain affiliates of the Consultant provide real estate brokerage and management services for which they are paid brokerage, development, leasing, management and similar fees. In connection with the A
5 B.
C.
Services and with the prior written permission of the Client, such affiliates may be engaged to provide such services in consideration for the payment of such fees.
Applicable Laws. The Consultant will abide by all laws, rules and regulations applicable to the provision of the Services.
Insurance. The Consultant and all affiliates of Consultant who provide services under this Agreement ("Affiliate") will carry the following insurance:
I Workers Compensation. Consultant/Afhliate shall carry such insurance as will protect Client and Consultant/Affiliate from claims under Workers Compensation and Employer's Liability Acts; such insurance to be maintained as to the type and amount in strict compliance with State statutes.
2. General Liabilitv. Consultant/Affiliate shall obtain and keep in full force and effect general liability insurance including provisions for contractual liability, personal injury, independent Consultants and broad form property damage coverages. This insurance shall be on a comprehensive occurrence basis form with a stand cross liability clause or endorsement. The limit for this insurance shall be no less than $1,000,000 per occuffence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability. Consultant/Afhliate shall maintain automobile liability insurance with coverage for any vehicle including those owned, leased, rented or borrowed. This insurance shall have a standard cross liability clause or endorsement. The limit amount for this insurance shall be no less than $1,000,000 per occuffence combined single limit for bodily injury and property damage.
Within thirty (30) days of the date of this Agreement, the Consultant shall provide the Client with Certificates of Insurance demonstrating Consultant's compliance with the terms of this Section. Prior to engaging any Affiliates to provide services under or in connection with this Agreement, Consultant shall provide Client with Certificates of Insurance demonstrating Affiliate's compliance with the terms of this Section. All such certificates shall specifr or endorse to provide that ten (10) days' notice shall be given in writing to the City of any cancellations.
Third Party Beneficiaries. This Agreement is for the sole benefit of the parties to this Agreement and their permitted successors and assigns. Nothing in this Agreement, whether express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
J
D.
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F
G
H.
L.
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Publicity. The Client agrees that the Consultant may, from time-to-time, use the Client's name, logo and other identifuing information on the Consultant's website and in marketing and sales materials.
Entire Agreement. This Agreement, together with any exhibits or amendments hereto, constitutes the entire agreement of the parties, as a complete and final integration thereof with respect to its subject matter. Any prior written or oral understandings and agreements between the parties are merged into this Agreement, which alone fully and completely expresses their understanding. No representation, warranty, or covenant made by any party which is not contained in this Agreement or expressly referred to herein has been relied on by any party in entering into this Agreement.
Further Assurances. Each party hereby agrees to perform any further acts and to execute and deliver any documents which may be reasonably necessary to carry out the provisions of this Agreement.
Force Majeure. Neither party to this Agreement will hold the other party responsible for damages or delay in performance caused by acts of God, strikes, lockouts or other circumstances beyond the reasonable control of the other or the other party's employees, agents or contractors.
Limitation on Liabilit),: Sole Remedy. Each party's liability to the other party arising out of or related to this Agreement or the Services will not exceed the amount of the Consulting Fee. The Client's sole remedy in the event of any alleged breach of this Agreement by the Consultant will be the notice, cure and refund provisions of Section 6(8) of this Agreement. Nothing in this Section l0(I) shall be interpreted as in any way limiting the Parties' rights and obligations under section 9.
Amendment in writing. This Agreement may not be amended, modified, altered, changed, terminated, or waived in any respect whatsoever, except by a further agreement in writing, properly executed by a duly authorized officer of the Consultant and the Client Representative, acting for and on behalf of the Client.
Bindine Effect. This Agreement will bind the parties and their respective successors and assigns. If any provision in this Agreement will be invalid, illegal or unenforceable, the validity, legality and enforceability ofthe remaining provisions will not in any way be affected or impaired thereby.
Captions. The captions of this Agreement are for convenience and reference only, are not a part of this Agreement and in no way define, describe, extend, or limit the scope or intent of this Agreement.
Construction. This Agreement will be construed in its entirety according to its plain meaning and will not be construed against the party who provided or drafted it.
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N Prohibition on Assienment. No party to this Agreement may assign its interests or obligations hereunder without the written consent of the other party obtained in advance of any such assignment. No such assignment will in any manner whatsoever relieve any party from its obligations and duties hereunder and such assigning party will in all respects remain liable hereunder irrespective of such assignment.
Waiver. Non-enforcement of any provision of this Agreement by either party will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remaining terms and conditions of this Agreement.
P. Survival. Section 5 and Section 9(H) will survive termination of this Agreement.
Governing Law. This Agreement shall be governed by the laws of the State of California. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Fresno.
R. Counterparts: Electronic Transmission: This Agreement may be executed in counterparts, each of which will be deemed to be an original, and such counterparts will, together, constitute and be one and the same instrument. A signed copy of this Agreement delivered by telecopy, electronic transmission or other similar means will be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
ISIGNATT.JRE PAGES FOLLOWI
8 IN WITNESS WHEREOF, the Client and the Consultant have caused this Agreement to be executed by their duly authorized officers to be effective as of the Effective Date.
CLIENT:
CITY OF FIREBAUGH, CA
By
Name:
Title:
Date:
CONST]LTAIIT:
RETAIL STRATEGIES, LLC
By:
Name:
Title:
Date:
9 EXHIBIT A
I. CONST]LTANT AGREEMENT
This section outlines what Retail Strategies (the "consultant") will provide to Firebaugh, CA (the ,,client',).
A. Research
Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies
Perform market and retail GAP analysis for trade area (i.e. leakage and surplus) Conduct retail peer market analysis
Competition analysis of identified target zones trade area(s) Tapestry lifestyles - psychographic profile of trade arca / market segmentation analysis
Customized retail market guide including aerial map with existing national retailer brands and traffic counts
Retail competitor mapping/analysis
Analysis of future retail space requirements in relation to the retail market analysis, the market's growth potential and trends in the retail industry Identification of at minimum 30 retail prospects to be targeted for iecruitment over three-year engagement
Updates provided on retail industry trends
custom on-demand demographic research - historical, curent, and projected demographics - to include market trade areas by radius/drive time, and clstom trade area
B. Boots on the Ground Analysis
Identift/Evaluate/Catalog priority commercial properties for development, redevelopment and higher and best use opportunities Identification of priority business categories for recruitment and/or local expansion
Perform competitive analysis of existing shopping centers and retail conidors Active outreach to local brokers and land owners
C. Retail Recruitment
)
3. 4.
5. 6.
7. 8.
9. 10.
11. l.
2. J.
4. l. Pro-active retail recruitment for targeted zones 2. Will contact a minimum of 30 retailers, restaurants, brokers and/or developers 3. Updates on new activity will be provided to Client's designated primary point of contact (Sec. II-A) via Basecamp, telephone, or email on a monthly andloias needed basis
4. One market visit per calendar year included in agreement, any travel outside of the agreement shall be approved and paid for by the contracting entity 5. ICSC conference representation- updates provided according to the yearly conference schedule
l0
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7 OVERVIEW
Business Summory ' Business lounched in Morch 2022 becoming the first retoil connqbis business in Firebough.
' Currently employ 10 people with 6/10 employees coming from the locol Firebough community (other 4 qre from neorby cities).
' No breok-ins, no theft issues to dote. Hove worked closely with locol lqw enforcement on severol doto / video log moiters over the post l8 months to creqte o sofer ond better community.
Business owners further investing into Firebough by purchosing the building premises in December 2023.
Hove delivered over $150,000 of incrementol toxes ond support for non-profits in the locolcommunity since opening.
Store is well-supported by locol customers - hos o solid 4.7 Google Mops roting. lndustry remoins chollenged with high toxes, declining morgins, broodermocro-economic clirnote, reduced consumer spending, more stores opening in neorby communities. Elemenl T remoins commitled to Firebough.
Exponding Operotions through New Bronds
Element 7 Firebough
HI
w
S U N S IT
E
7 EXPANDING OUR COMMUNITY ENGAGEMENT
Element Z coniinues to work with o ronge of locol events ond couses, ond is looking to continue to expond this through 2023 ond into 2024.|n oddition to progroms below we hove olso contributed:
' $7 6,640.00 for Speciol Community Toxes bosed on squore feet of operotions (g I 9, I 60.00 per quorter) . l7o of oll Soles for qn odditionol Connobis Tox = 916,000 onnuolly Rotary
Club of Firebaugh
$1,000 Donqtion $2,000 Donqlion
l0X Dinner Box Donolion
$7,000 Locql Veterqns: SB34 Progrom
.",.t:t
CHRISTMAS STREET TEIN '".]
& ELEcrRrc PARADE 'j
SATURDAY, DECEI{BER 2ND
9 OOam ll ooan Brentinsrwith Sanraar VM_.' Hirt
Ho{cd by Fir.baugh ff^
ll:3oam: Eingo Jt VnV Hall Hosted br Iir.bru3h Rorrr!
l2'Oopm rood & {'rnir Eooihs Openl2 OOpn - {:OOpmi free Krd. Adrvities 'T.r!kles5 Tr.in Rilf
'Snon,nran lgloo'M1n! [crr's whccl'F..c Painting
1:OOpm - 3 30pm: Raffl. D.acclcls ior NlDS oNLY
will bc Cinributcd
2:ooph - 5'OOpm Pirade Enk,es Check ln
3:OOpn SOOom crrrirec&dcs{.oopmi lrc'c Ldr Raillc6:lspm l-,ghringof lheChristftisrree I]CHT PAR.ADE FOLLOWING THE LICHTINC OF THE TREE A
ffi
F!REtsAUGH POLBEE
OFFlEERS ASSOEEATEOFI
I|JRISII|4A$ R
-TOYDRIYI-ruRU fud
^ ,.f Wla""sdoy December 21 from 3PM to 5PM
.
. tl+ Firebough High School Porking Lot
*. -if"Et'In:'rff;:*:fl
\
1 .i
., ,,- " air: .r" . .i. flfrtqAIfrH utIIDXil't
nilutr0u\fril,t0 stH00I t0afr LuiltH tAx|
E
7 SUPPORTING LOCAL SPORTS IN FIREBAUGH
FIREBAUGH
a . i*1*
5500 Donotion $500 Donotion 5500 Donqtion
MUSIC BOOSTERS
$750 Donotion
$500 Donotion
.,\ L --.
E
7 BUSINESS REQUEST
Business Request ' Looking to expond monufocturing ond distribution operotions ofter recently closing o deolto stort selling connobis goods into 20+ siores in Ccrlifornio. ' Element Z looking to scole up operotions by producing 7 in-house bronds thot would be sold ocross oll Elemeni 7 stores / 20+ new occounts in cA. ' Would result in 2-3 new immediote full-time monufocturing / distribution jobs.' Would olso enoble Element 7 to expond mqnufocturing hours ta 2 x shifts o doy to creote on odditionol2longer-term new jobs.
' Production of in-house bronds would ollow us to olso be more competiiive on price ogoinsi recently opened stores in Fresno, Merced, ond new Modero stores opening in 2a24. Moy leod to higher reioil tox contributions. ' Requesfing 0% disfribufion foxes so fhof we ccrn confidenlly inyesf in exponding monufocluring in Firebough dnd open new job opporfunrfies.
TO:
FROM:
DATE:
SUBJECT:
Mayor Felipe Perez and Council Members
Pio Martin, Finance Director
December 04,2023
Airport I't Quarter Review
Recommendation:
Council to discuss and give staff direction.
Summary:
Council Member Brady Jenkins, during council meeting October 16,2023, under New Business item#4 requested an update on revenue and expense on Fund 016 - Airport.
Fiscal Impact:
None.
Attachment:
A. Fund 016 - Airport - I't Quarter Report
City of Firebaugh
lst Quarter Revenue, Salary, and Expenses
Fund 016 - Airport
Attachment ilA'r
Fund
0t6
016
016
016
016
Revenue
3006 *
3s04
3505
3506
3850 **
Description
Property Taxes
Hanger Lease
Use ofRunway
Tie Dorvn Fees
State Aid For Aviation
Total Revenue lst Quarter
Expense Description
1000 Salaries
l0l0 Fica
1013 Retirement
l0l5 Workers Comp
1022 Unfunded Liability
1025 Medical Insurance
1026 Dental Insurance
1027 Vision Insurance
Total Salary Expenses lst euarter
Expense Description
2502 Insurance
2523 Telephone
2526 Electricity / Gas
2539 Intemet Access
3502 Attomey Fee
3504 Corbin Willits Fee
3506 Engineering
351 5 Computer Service Agreement
Total Expense lst euarter
Total Salary & f,xpenses lst euarter
July August September Total for lst euarter
90 I,400
40 180
l,400
40 180
1,400
40 4,200
450
120
1,530 1,620 1,620
July
4,770
September Total for lst euarter 582 1,926
43 t07
204
58 ll3
7 l
I,I 16
September Total for lst Quarter 2,492 23,293
Fund
0t6
016
016
016
016
016
016
016
Department
4190
4190
4190
4190
4190
4190
4190
4190
Department
4190
4190
4190
4190
4190
4190
4190
4190 48
710
53 153
204
58 113
7 I
l3
27 508
3 6t
604
69 July
16,2
August
634
47 135
58 138
9 2
l,o2l
August
4,588
27 447
3 142
39s
409
175
364
4 1,300 3,438
Fund
016
016
016
016
016
016
016
016
17 430
35 61
73 61
5,401
6,518
(4,8e8)
71 1,385
6 35
123
677
t79
20,086
21,386
(1e,8s6)
7,156
8,178
(6,ssE)
25,769
29,206
(24,436) Total Revenue minus Total Salary & Expense lst euarter *City receives once a year anound March or April. Average revenue $6,500. **City receives $10,000 per year.