MEETINGAGENDA
rhe city council/S"..ffi:i:r:^if;
;rf
the city of Firebaugh
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh,CA 93622
October 7, 202415:30 p.m.
Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL Mayor Elsa Lopez
Mayor Pro Temp Freddy Yaldez
Council Member Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
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
o Proclamation to declare October as "Domestic Violence Awareness Month" - Marjaree Mason Center . Communities LEAP West Fresno Project by Minerva Uribe-Robles, PH.D.
PUBLIC COMMENT
Any person or persons v,ishing to address the City Council on any mqtter that is not on the agenda ntay do so at this time. Individuals must limit their comments to three minutes. Issues raised during Public Comments are infornational only and the Cottncil cannot take action at this time. All contments should be directed at the Mayor and not at individual Councilmentbers or staf members.
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 ofordinances previously introduced and discussed, execution ofagreements and other similar items.
1. APPROVAL OF MINUTES - The City Council resular meetine on September 16. 2024.
PUBLIC HEARING
2. THE CITY COUNCIL OF THE CITY OF FIREBAUGH'S CONSIDERATION OF THE 2024 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AND REVIEW OF ELIGIBLE ACTIVITES/PROJECTS.
Recommended Action: Council receives comments and approves proceeding with application.
NEW BUSINESS
3. RESOLUTION NO.24-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
APPROVING AN AGREEMENT FOR A NON-EXCLUSIVE EASEMENT GRANTED BY MCDONALDS USA. LLC TO THE CITY OF FIREBAUGH FOR PERFORMING WORK ASSOCIATED WITH THE
OPERATION OF A WATER METER UPON THE REAL PROPERTY RECORDED AS PARCEL 'A' UNDER LOT MERGER 2023-02 CERTIFICATE OF COMPLIANCE INSTRUMENT NO. 2024-0022420
AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR RECORDING OF THE GRANT OF EASEMENT.
Recommended Action: Council receives comments and approves Res. No. 24-47.
4. RESOLUTION NO.24-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH ESTABLISHING RATE INCREASES FOR WATER SERVICES.
Recommended Action: Council receives comments and approves Res. No. 24-48.
STAFF REPORTS - Iilritten enclosed in agenda packet
COUNCIL MEMBERS AGENDA ITEMS
PUBLIC COMMENT ON CLOSED SESSION ITEM ONLY
CLOSED SESSION
5. Government Code Section 54957.6.
CONFERENCE WITH LABORNEGOTIATORS:ALL REPRESENTED & UNREPRESENTED EMPLOYEES City Negotiator: Ben Gallegos
Employee Organizations: Police & Public Works bargaining units and all unrepresented positions.
6. UPDATE OF EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9.
CONFERENCE WITH LEGAL COUNSEL - one case
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Certification ofpostine the aeenda
I declare under penalty ofperjury that I am employed by the City ofFirebaugh and that I posted this agenda on the bulletin boards at City Hall,October 4,2024, at 5:00 p.m. by Rita Lozano Depuw CiW Clerk.
Proclamution for Domestic Violence Awureness Month
Vl/hereas, domestic violence impacts countless individuals, without regard to age, race, religion, or economic status; as victims suffer at the hands of a spouse or partner, it affects their children, families, and entire communities; and
Vl/hereas, domestic violence is widespread and affects over I2 million men and womet in the United States each year, and at its most tragic level, kills an average of three women every day; and ll/hereas, Marjaree Mason Center served over 8,399 adults and children impacted by domestic violence lastyear, includingover 74,000 nights of safe shelter, and also provides services to those who cause harm; and
ll/'hereas, each October, theformal recognition of Domestic Violence Awareness Month allows the community to acknowledge and show their support for survivors and advocates to end of the cycle ofabuse through education; and
Whereas, each year, the Marjaree Mason Center hosts the Top Ten Professional Women and Leading Business Awards in October to highlight the contributions of professional women while also raising awsreness of domestic violence. This signature community event will be on llednesday, October I6 at the Fresno Convention Center with keynote speakers, Danielle and Mark Herzlich, with moderator David Carr, who will come together to discuss how we, as a community, can better support survivors of domestic violence.
Whereas, Purple Thursday, October 17, is a national day dedicated to remembering the victims of domestic violence, to supporting survivors, and to raising awareness on local resources available to put an end to domestic violence; and
Vl/hereas, a partnership of organizations has emerged to directly confront this crisis and are achieving success. The Marjaree Mason Center, alongwith law enforcement, health care providers, clergt and concerned citizens are helping in the effort to end domestic violence. We must recognize the compassion and dedication of these volunteers and professionals and increase public understanding of this important problem.
Now Therefore, Be It Resolved that the Mayor and City Council of the City of Firebaugh do hereby proclaim the month of October 2024 as Domestic Violence Awareness Month and urge all citizens of Firebaugh to work together to end the cycle of violence in our community.
ADOPTED by the City Council of Firebaugh
On October 7, 2024
Elsa Lopez, Mayor
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Background
SocioEnvironmental and Education Network
(sEEN):
o 501c3 incorporated in 2019o Based in Merced, CA, but has been working in the Westlands since 2020
Mission:
Empower people through equitable and representative
STEAM education (Science, Technology, Engineering,
Art, and Math).Advocate for science-driven methodologies to promote environmental, climate, and socioeconomic justice for
people and nature.
Foster community development through equity, justice,
diversity, inclusion, and belonging.
Staff:
Anna Gurevitz (Executive Director)
Dr. Leticia Classen-Rodriguez (Participatory ScienceDirector)Felipe Perez (Community Leadership Director) Lawrence Livermore National Laboratory (LLNL):
Federally funded research and development centerBased in Livermore, CA with employees working from different parts of US including Merced, CA.
Mission:
Climate and Energy Security
We advance understanding of the global climate
system, develop technologies to reduce accumulationof greenhouse gases and pursue the domestic production and supply of affordable, clean energy
delivered across a secure and sustainable
infrastructure.
Staff
Dr. Minerva Uribe-Robles (Staff Scientist)Dr. Briana Schmidt (Supervisor) I
I
Jld
C-LEAP Background & Objective
What is Gommunities LEAP?
The DOE Communities Local Energy Action Program, known as Communities LEAPaims to facilitate sustained community-wide economic and environmental benefits primarily through DOE's clean energy deployment work. DOE matches selected communities with technical assistance providers who assist them with bringing their clean energy planning and economic development vision to life.
Obiectives:
1 . Educate the Firebaugh community on what Clean Energy is and the potential projects that can be proposed in the area
2 Educate the Firebaugh community on what Carbon Management is and the potential projects that can be proposed in the area.
3 Co-develop with the Firebaugh community, a Climate Change Adaptation Strategy that would include a community benefit plan (CBP) framework for clean energy and carbon management to ensure community priorities are takeninto account in future project planning. -August 2O24 - August 2025
Community
Project
Execution
PostCommunity
Pilot
Reflection
Period
r Description: lnitial
engagement period withcommunities through needsassessment, projectdefinition, and scoping . Timeline: "4-5 months r Description: Ongoing
activities that culminate in
tangible outputs and
outcomes
o Timeline: 8-12 months
r Description: Reflect on
objectives and key results,document and synthesize
lessons learned, developrecommendations for
scalability andenhancement . Timeline: -3 months
-September 2025 - lanuary 2026
Community
Needs
Assessment
& Work
Planning
Clean Energy & Carbon Management
Carban Managen lent PrcjectsCleen Enerlly
MEETING MINUTES
The City Council/Successor Agency of the City of Firebaugh Vol. No.24-09-16
Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh,CA 93622
September 9, 202415:30 p.m.
Meeting called to order by Mayor Lopez at 5:30 p.m
Mayor Elsa Lopez
Mayor Pro-Temp Freddy Valdez
Council Member Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Pdrez
ABSENT
OTHERS: City Attomey Nick Matoian; City Manager, Ben Gallegos, Deputy City Clerk, Rita Lozano; Finance Director, Pio Martin; Police Chiet Sal Raygoza; Public Works Director, Michael Molina; Battalion Chief, Hector Marin; Gouveia Engineering, Mario Gouveia; Raquel Tabares, Isidro Vasquez, Veronica Navarro & others.
PLEDGE OF ALLEGIANCE Council Member Valdez led pledge of Allegiance.
APPROVAL OF THE AGENDA
Motion to approve agenda by Council Member Jenkins, second by Council Member Valdez, motion psssed by 5-0 vote.
PRESENTATION
. Terry Ogle, Executive Director of Fresno County Transportation Agency to provide a Measure C Update. o Firebaugh Community Connectivity and Downtown Revitalization Study. . Presentation and Recognition to Stamoules Produce Company for their donation towards K-9 Program.
PUBLIC COMMENT
CONSENT CALENDAR
1. APPROVAL OF MINUTES - The Citv Council reeular meetine on Ausust 19" 2024.
2. APPROVAL OF MINUTES - The Citv Council Snecial meetins on Aueust 26, 2024.
3. WARRANT REGISTER - Period startine Aueust I and endine on Ausust 31. 2024.
August2024 General Warrants
Payroll Warrants
TOTAL
#46330 - #46493
#72323 - #72 341
$ I ,564,3 16. 16
s 168.468.31
s 1,7320784.47
Motion to appruve consent calendu by Council Member Jenkins, second by Council Member Valdex motion passed by 5-0 vote,
PUBLIC HEARING
None
City Council Minutes
Septernber 16, 2024
NEW BUSINESS
4. RESOLUTION NO. 24-45 - A RESOLUTION OF THE CITY OF FIREBAUGH APPROVING A PROFESSTONAL SERVICE AGREEMENT WITH SIGALA. INC. FOR INFILL DEVELOPMENT PLANNING SERVICES AND PROJECT MANAGEMENT SERVICES FOR DOWNTOWN FIREBAUGH.
REAP 2.0 AND AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT.
Motion to approve Res. No. 24-45 by Council Member Voldez, second by Council Member Jenkins, motion psssed by 5-0 vote.
5. RESOLUTION NO.24-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH.
CALIFORNIA. DECLARING CERTAIN CITY PROPERTY AS SURPLUS EOUIPMENT.
Motion to apprcve Res. No. 24-46 by Council Member Jenkins, second by Council Member Pere6 motion passed by 5-0 vote.
6. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO DISCUSS DOG KENNEL UPDATE.
STAFF REPORTS
housing development, about 120 homes near Diaz Street. It will be a busy week next with the carnival. be open for access to businesses and residences.
camping ordinance, legal counsel is working on drafting an ordinance, based on what other cities have done and are working on synthesizing and meshing various ordinances together, expected to provide a drafted copy to police chief within next 2 weeks.
updates and want them to know the council is hearing the staff and don't want volunteers to taking thing out on staff that should be to council. Ifthey have issues they should bring to council and not taking it out on staff, staffdidn't sign up for that and we need to take into consideration what the staff is going through and what is being reported, because the are working in the heat and maintaining the dog kennel. I just want to make sure we take care of our staff.
funds are available and asked how it can be used in our local areato be used with HWY 33. They are considering passing lanes between Firebaugh to Mendota, and Mendota to Kerman. Even with proposed passing lanes, there is still possible funding available to our communities. The city is presenting projects that lead to HWY 33, and other projects that need improvement such as: Diaz St., 13th and N St., so there's a lot of different areas the city can use the funds to access HWY 33, so we're looking forward to capturing the dollars and keeping the on the westside. The city had the grand opening of the outdoor equipment, it was a great partnership with the Girl scouts, along with some City Council Minutes
Septernber 16, 2024
local businesses to raise the funds. The city is one of 5o/othat access these types ofgrants. It's a wonderful addition to our trail. Overall goal is to continue bringing great opportunities and collaborations to community. purifier program for residents. Friday, l0 people attended and Saturday, 20 people attended, they all applied for free purifiers on Valley.org, everyone that lives in this area can apply, available for the next 6 to 8 weeks. Asked the City Manager for an update on "buy local "campaign. City Manager reported, staff is promoting the program with posters, and Facebook, Council Member requested about the raffle from businesses, but businesses stated they're sfruggling a little bit and aren't able to donate at this time. Council Member Perez asked for more promotion for the campaign. Council Member Perez asked about the city sidewalk space in Del Rio, people have been asking if the city can go clean. City Manager replied five feet, there's some safe route to school and CMAQ funding. may be available. Public Works was asked to open water hydrant for two or three minutes, because Biola flushed their hydrant, everything was working fine, and six months later there was an issue that cost them over $60,000. City Manager replied the city checks our hydrants in the winter when water usage is low to avoid added stress to the water plants /system when all of the industrial users are in season. ago regarding a rumor the Boys and Girls Club possibly not receiving their funding from the Housing Authority, so we met with them this pass week at the Boy & Girls Club, which isn't really efficient for them. We walk to the Housing Authority's old office, which they aren't currently using, and they were able to work an arrangement out and move the Boys & Girls Club into that office Housing Authority. Everyone was happy and provides more space for the club. The Boys and Girls Club was really excited, the Housing Authority happy that the building wasn't just sitting vacant. I'm looking forward to their ribbon-cutting ceremony to welcome more kids.
COUNCIL MEMBERS AGENDA ITEMS -None
PUBLIC COMMENT ON CLOSED SESSION ITEM ONLY
CLOSED SESSION
ANNOUNCEMENT AFTER CLOSED SESSION:
ADJOURNMENT
* Motion to tdjoarn @ 6:55 pm by Council Member Jenkins, second by Council Member PereL motion passes by a 5-0 vote.
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT
Mayor and Council Members of the City of Firebaugh
Ben Gallegos, City Manager
October 7,2024
Consideration of Community Development Block Grant (CDBG) application and review of eligible activities/projects
RECOMMENDATION:
It is recommended the City Council: '1) review the program and available funding options and staff recommendations; 2) open the public hearing; 3) receive public comment regarding the Community Development Block Grant (CDBG) program and possible activities and projects to be considered for funding under the upcoming NOFA process; 4) close the public hearing; 5) discuss potential applications/recommendations; and 6) direct staff to prepare a CDBG application for Council consideration.
BACKGROUND:
The Community Development and Economic Development Allocations of the State CDBG program will be published in a "Notice of Funding Availability" (NOFA) each program year. On August 30, 2024 the California Department of Housing and Community Development (HCD) released the 2024 NOFA making $34 million available to non-entitlement communities.
Under the Community Development Allocation, eligible cities and counties will be allowed to apply for a maximum of $3,600,000 for up to two activities. The NOFA will again include an "Over the Counter" (OTC) component for infrastructure, housing, and economic development, as well as a competitive component for planning and public service programs.
Eligible activities under the above allocations in the NOFA consist of the follow OTC categories: public improvements, public facilities, homeownership assistance, housing rehabilitation, business assistance and microenterprise activities. The other options allowed under the competitive component are planning studies and public service programs. Eligible activities paid for with state CDBG funds must meet one or more of the three national objectives listed in CDBG federal statutes as follows: benefit to low-income households or persons; elimination of slums and blight; or meeting urgent community development need (a need from a state or federally declared disaster
Staff anticipates submitting an application under lhe 2024 NOFA. OTC activities are those that are funded on a first come first served basis and are not ranked by competitive criteria.
The eligible activities under the 2024 CDBG NOFA may include the following up to the maximum of $3,600,000:
Public Service (maximum grant of $300,000), for two services. Examples include childcare, health care, recreation programs, fair housing counseling, drug and alcohol abuse counseling and testing, homeless services, food bank, senior services, and nutrition services benefiting low- and moderate-income persons. a
a Plannino and T nical Assistance (maximum grant of $250,000 for one study/plan) The product must show a connection to assisting with an eligible CDBG activity that, if implemented, meets a National Objective. Completed planning documents are submitted to the State at the time of completion. The grants may require match; in the past a $5,000 cash match to be expended prior to expenditure of CDBG funds - the NOFA will outline this final amount. Examples include studies, analysis, data gathering, preparation of plans, and identification of action that will implement plans, NEPA and environmental plans.
Housing Programs (maximum grant of $1,500,000 - OTC Activity):
costs.
improvements of owner-occupied units.
Business Assistance or Microenterprise Assistance (maximum grant of $1,500,000 for either Business Assistance or Microenterprise Assistance - OTC Activity). Examples of Business Assistance include financing of working capital, furniture, equipment, and property repairs/improvements. Examples of Microenterprise include business training, financing of working capital, furniture, equipment, and property repai rs/improvements.
Public lnfrastructure (maximum grant of $3,300,000 - OTC Activity). Provides funding for all construction, project implementation, design, federal compliance and overlay requirements, environmental and other soft costs related to the project. Projects may include water, sewer, storm drain, sidewalks, roadways, wells, water storage tanks and other public infrastructure systems.
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a Public Facilitv (maximum grant of $3,300,000 - OTC Activity). Provides funding for project equipment, construction of community/senior centers, homeless facilities, park and recreation facilities, fire stations, fire equipment, health facilities, and other public facilities that meet the national objective of the program.
DISCUSSION:
The purpose of this public hearing is to solicit ideas and input from the general public, discuss staff recommendations and provide direction to staff on potential programs to include in the CDBG applications (NOFA and Program lncome).
The application may include the following:
MaximumAward: $3,600,000
Maximum Activities:2
Public Service: Up to $300,000
Planning Grants: Up to $300,000
OTC Activities: Up to $3,300,000
Other grant requirements include:
. Activities should address serious health & safety needs . Activities should primarily benefit lower income households (defined as at or below 80% of the median income)
. Applicants must demonstrate capacity to complete the project within the grant term (36 months)
a OTC projects and programs must be ready to bid or implement the program within 90 days of contract execution
Single audit must be completed and submitted
Housing Element must be up to date with HCD
Sam.Gov registration must be active
Staff have reviewed projects/programs that meet the requirements of the CDBG program.
Based on staff's internal discussion and initial outreach, it is recommended the City Council consider submittal of an application for up to $3,600,000 to include one OTC project and one public service competitive application which are further described below.
OTC Project - Maldonado Park Expansion - Funds would be used to complete the final phase of the Maldonado Park which as been sought after for many years. The final phase would be used to develop the adjacent parcel to the existing park facility. Components to be constructed would include: playground, basketball court, sports lighting, soccer field, pathways, landscaping and required infrastructure. lt is estimated that this portion of work will require the full $3.3. million that is available for funding.
Public Service Application - Salvation Army Food Distribution and Hot Meal Program - This program is currently being funded with CDBG funds and doing extremely well. Salvation Army utilizing the money to pay for the cost of food and personnel to operate the programs above. The hot meal program is well attended each week and the food box program averages 300 boxes per distribution. lt is anticipated that $150-$200k would be requested for this program.
COST ANALYSIS
The City's grant consultant for CDBG, Adams Ashby Group, will be preparing the application at a cost of $10,000. lf the application is awarded, the funding by the grant will cover all costs associated with implementation of the grant.
ALTERNATIVES:
The following alternatives are presented for Council consideration: 1. Approve staff's recommendations and direct staff to proceed with preparation of the application; 2. Direct staff to proceed with the application process with a different proposed item(s); 3. Direct staff not to prepare a CDBG grant application; or 4. Provide other direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. The public hearing notice was published in the The Firebaugh-Mendota Journalon Wednesday, September 18, 2024. The agenda was posted in accordance with the Brown Act.
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ATTACHMENTS
RESOLUTION NO.24-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING AN
AGREEMENT FOR A NON-EXCLUSIVE EASEMENT GRANTED BY MCDONALDS USA,
LLC TO THE CITY OF F'IREBAUGH FOR PERFORMING WORK ASSOCIATED WITH THE
OPERATION OF A WATER METER UPON THE REAL PROPERTY RECORDED AS PARCEL OA' UNDER LOT MERGER 2023-02 CERTIFICATE OF COMPLIANCE INSTRUMENT NO. 2024-0022420 AND AUTHORIZE TIJE CITY MANAGER TO EXECUTE
A CERTIFICATE OF ACCEPTANCE FOR RECORDING OF THE GRANT OF EASEMENT WHEREAS, the City of Firebaugh approved the construction of a McDonalds Restaurant on State Route 33 just north of the AutoZone Store; and
WHEREAS, the project was required to dedicate a utility easement for operating a water meter within the McDonalds' property; and
WHEREAS, the City has obtained the executed easement agreement for the easement dedication from the property owner, McDonalds USA, LLC; and
WHEREAS, the City desires to accept the grant of easement from said property owner and record the easement agreement prior to the issuance of a certificate of occupancy for this project; and WHER.EAS' the City Council delegates authority to the City Manager to execute a Certificate of Acceptance for the recording of said grant of easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Firebaugh hereby:
l. The above recitals are true and correct findings of the Firebaugh City Council.
2. The Grant of Easement for Water Meters provided under the Easement Agreement dated September 16,2024, by McDonalds USA, LLC, is hereby accepted.
3. The City Manager is hereby directed and authorized to execute the Certificate of Acceptance The foregoing resolution was duly adopted by the Firebaugh City Council at a regular meeting of the City Council of the City held on October 7,2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED ATTEST
Elsa Lopez, Mayor
Page I of I
Rita Lozano, Deputy City Clerk
t)euaC8tp€d
4lt6 2s
aili'' t024
oteOuU*
City, State: Firebaugh, CA
Address: N & 1Oih
L/C: 004-5150
File # 46195
Qg:fu"'" Prepared by: Shilpi Upadhyaya
Recording, return to: Katie Slomka
McDonald's Corporation
1 10 N Carpenter St
Chicago lL 60607-2101
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") is dated 91112024 between McDONALD'S USA, LLC, a Delaware limited liability company ("Grantor") and the CITY OF FIREBAUGH, located in the State of California ("Grantee" and the "City"). The following statements are a material part of this Agreement:
WITNESSETH
A. Grantor is at the time of recording of this document, the owner of the property described on Exhibit A attached ("Grantor's Property").
B. Grantor desires to create a non-exclusive easement to install, operate, repair, maintain, replace, read, and engage in other conduct associated with the operation of a water meter ("Water Meter Easement") in favor of Grantee over a portion of Grantor's Property ("Easement Area") as depicted on Exhibit B attached, upon the terms and conditions set forth herein.
C. This Water Meter Easement does not create any construction, maintenance or repair obligation upon Grantee for Grantor's Property or any improvements upon Grantor's Property except for the water meter and fittings confined to the meter box installed in the Easement Area.
NOW, THEREFORE, Grantor does hereby create, establish and grant this Water Meter Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to Grantor's Property, such as services to existing utilities and water meter reading.
1. WATER METER EASEMENT
A. As the property owner, Grantor or its successors, shall be responsible for all construction, maintenance and repairs to Grantor's Property and the water system on Grantor's Property. Grantee's need to access the Easement Area to install, operate, repair, maintain, replace, and read the water meter and engage in other activities associated with the operation of the water meter is a result of the meter being installed within the Easement Area, and not within the City of Firebaugh's right of way as normally required. Grantor has proposed this Water Meter Easement in lieu of connecting the building pad water services directly to the City's water main with a water meter located in the City's right of way.
B. lt is acknowledged that Grantor, or its successors, intends to construct improvements upon Grantor's Property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon Grantor's Property in a manner that does not interfere with Grantee's easement rights hereunder, subject to the requirements of Grantee or any other controlling governmental authority.
C. Unless expressly written, this Water Meter Easement does not create any liability or responsibility to construct, maintain or repair Grantor's Property or any improvements located on Grantor's Property, including the water system that provides connections for water, fire sprinklers, fire hydrants and irrigation services to any building upon Grantor's Property.
Conversely, this Agreement does not excuse Grantor from the requirements of any applicable state or local laws or regulations governing the water system.
D. Grantor grants to Grantee the right of ingress and egress across Grantor's Property for any purposes stated in this Agreement and Grantee will exercise such ingress and egress rights in a reasonable manner.
2. USE OF EASEMENTAREAS
Grantor reserves the right to use the Easement Area for landscaping or other purposes that do not then or later interfere with the granted easement uses, including but not limited to curbing, asphalt, paving, lighting, and signage. Should Grantor or a member, manager, employee, invitee, contractor, or agent of Grantor cause damage to City's water meter or associated improvements within the Easement Area, Grantee may, at Grantor's sole cost, repair or replace the damaged improvements; payment from Grantor to Grantee for repair or replacement work shall be due in full within thirty (30) calendar days of Grantor's receipt of an invoice from Grantee.
3. GRANTEE'S COVENANTS
Grantee covenants and agrees that Grantee will not use the easement granted under this Agreement in such a manner as to: (i) invalidate, modify, jeopardize, or cause a breach of any permits, approvals, or other agreements that benefit or bind Grantor, or (ii) diminish Grantor's legal ability or right to use Grantor's Property. Such covenants shall not, however, prevent Grantee from exercising its authority as a water service provider under state and local laws and regulations.
4. RUNNING OF BENEFITS
All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns, licensees, invitees, successors, tenants, employees and personal representatives of the parties.
5. TERMINATION OF LIABILITY
Whenever a transfer of ownership of either parcel takes place, the transferor will not be liable for a breach of this Agreement occurring after a transfer, except that Grantee will remain liable if it transfers its interest to a licensee or subsidiary corporation. 2 6. NOTTCE
Grantor's address is 110 N Carpenter St, Chicago lL 60607-2101, Attention: Director, U.S. Legal Department, L/C: 004-5150, and Grantee's address is Firebaugh City Hall, 1133 P Street, Firebaugh, CA 93622 . Any party may lodge written notice of a change of address. All notices will be sent by reputable overnight courier with written confirmation of delivery or by certified mail, return receipt requested, to the addresses provided for in this paragraph and will be deemed to have been given when deposited with such courier or when placed in the mail, as applicable.
7. ANTI-TERRORISM REPRESENTATION AND WARRANTY
Grantor and Grantee each represent and warrant that neither they nor the officers and directors controlling Grantor and Grantee, respectively, are acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that they are not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. Each Party agrees that in the event of a breach of this provision or any applicable law relating to the subject of this provision, the non-breaching Party may take such action as may be necessary in order to comply with this provision and/or the applicable law, including but not limited to terminating this Agreement.
B. WAIVER OF TRIAL BY JURY
Grantor and Grantee agree to waive any right to have a trial by jury with respect to any lawsuit based on, or arising under this Agreement or any course of conduct, course of dealing, statements or actions of Grantor and Grantee in connection with this Agreement.
9. ATTORNEYS' FEES AND VENUE
lf an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court for the County of Fresno, State of California for any proceeding arising hereunder.
10. GOVERNING LAW
This Agreement shall be construed and governed pursuant to the laws of the State of California.
11. WAIVER
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 3 12. AUTHORITY TO SIGN
No employee or agent of Grantee (other than an authorized signatory) has authority to make any warranty, representation, agreement or undertaking. All negotiations, considerations, representations and understandings between the parties are contained in this document and may be modified or altered only by agreement in writing between the parties, and no act or omission of any employee or agent of the parties, if any, will alter, change or modify any of the provisions of this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding. The parties executing this Agreement on behalf of Grantor and Grantee represent that they have authority and power to sign this Agreement on behalf of Grantor and Grantee.
13. COUNTERPART
This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which together shall constitute one and the same instrument.
14. INVALIDITY
lf any term or provision of this Agreement or the application to any person or circumstance, to any extent, is or becomes invalid or unenforceable, then the remainder of this Agreement, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, will not be affected.
15. ADDENDA AND EXHIBITS
This Agreement includes the following Addenda and/or Exhibits, which take precedence over conflicting provisions (if any) of this Agreement, and are made an integral part of this Agreement and fully incorporated by reference:
Exhibit A (Legal Description of Grantor's Property)
Exhibit B (Depiction of Water Meter Easement Area)
SIGNATURE PAGE FOLLOWS
4 TO INDICATE THEIR CONSENT TO THIS AGREEMENT, Grantor and Grantee, or their authorized representatives or officers, have signed this document.
GRANTOR: GRANTEE:
McDONALD'S USA, LLG, a Delaware limited CITY OF FIREBAUGH liability company
By:
Name: Ben egos
Its: Cl-tv Manaser
me:
By
Na
Its:
5 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of FRESNO )
on AUGUST 19,2024 before me, Olga Borrego Flores, Notary Public (insert name and title of the officer)
personally appeared BEN GALLEGOS
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal
2 z
,l@'x OLGA BORREG0 FLORES
ffi)'*'?.t:lj',;,';lx"'''
W*,,5lTTllliLijjf i']'*u
Sign (Seal)
TO INDICATE THEIR CONSENT TO THIS AGREEMENT, Grantor and Grantee, or their authorized representatives or officers, have signed this document.
GRANTOR: GRANTEE:
McDONALD'S USA, LLG, a Delaware limited ClTy OF FIREBAUGH liability company
By: By:
Name: Name:
Its:
5 ACKNOWLEDGMENT - MoDONALD'S
STATE OF ILLINOIS
COUNTY OF COOK
)
)
)
SS
t, Public in.and fqr the co-untypnd state aforesaid,
CERTIFY that u" rflrlllhK LQ.ll4QU , or McDoNALD's
USA, LLC, a Delaware limited bil pany, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such authorized party appeared before me this day in person and acknowledged that he/she signed, sealed and delivered this instrument as his/her free and voluntary act as such authorized parly and as the free and voluntary act of the company for the uses and purposes therein set forth.
Given under my hand and notarial seal, this 1b day of lrl X W ,AU.
My commission expires u25
Notary Public
,1.
KY
ITCAELA WILBOURN
- Official Sc,,rt
_
l{ary public _ Statc of tl ll Commission txpirc,s Jul
linois
6,20tt
6 EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
BEING PARCELS 1 AND 2 OF PARCEL MAP NO. 2006-02, IN THE CITY OF FIREBAUGH, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MARCH 15, 2007, IN BOOK 67, PAGE 28 OF PARCEL MAPS AND BEING PARCEL "A" AS SHOWN ON THE CERTIFICATE OF COMPLIANCE- LOT MERGER NO. 2023-02, RECORDED MARCH 6,2024, AS INSTRUMENT NO. 2024-0022420, OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS AND ALL MINERAL
RIGHTS OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED
UNDERLYING THE PROPERTY, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, OIL AND GAS AND RIGHTS THERETO, TOGETHER WITH THE SOLE, EXCLUSIVE AND
PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SAID MINERALS BY ANY
MEANS OR METHODS SUITABLE TO GRANTOR, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT
ENTERING UPON OR USING THE SURFACE OF THE PROPERTY, AND IN SUCH MANNER AS NOT
TO DAMAGE THE SURFACE OF THE PROPERTY, OR TO INTERFERE WITH THE USE THEREOF BY
GRANTEES, THEIR HEIRS AND ASSIGNS, AS RESERVED IN THE DEED RECORDED SEPTEMBER 26,2005 AS DOCUMENT NO. 2005-0225791 OF OFFICIAL RECORDS. APN: 008-010-20 AND 008-010- 21 8
GRAPHIC SCALE 1"= 80'
EXHIBIT B
DEPICTION OF EASEMENT AREA
FROJECT S
I.IWY 33 /'N' STREET
CITY OF FIREBAUGH
PCRTISN OF sEC, 2$. T, s, 14 E, lvl,D,B.M,
VICII{ITY MAP
SDAI.E: NOT
'O
SCALE
tultt d
F
t|}
F6
o
L
e
ro
-L _-]-
ir b6
aa
Jl r\
ti. 6,r 'r+
it",f
l.ir t:'.
'3:
$.
UIiIIOIII PACIFIC RAILDROAD RIGHT OF WAY
160,6r',
PARCEL'A'
].,*i :dgn,3r::t *S '.$ulil
1'::3:; lfit'i t\ ii" *S:{4r:t*{4t;
9 CERTIFICATE OF ACCEPTANCE
(Government Code S 27281)
This is to certifii that the interest in real property conveyed by the grant of easement from McDONALD'S USA, LLC (Grantor) to the CITY OF FIREBAUGH (Grantee) pursuant to an EASEMENT AGREEMENT dated September 16,2024, and related Exhibit "A" and Exhibit "B" attached hereto, entered between Grantor and Grantee, is hereby accepted by order of the Firebaugh City Council, by adoption of Resolution No. 24-47, on October 7,2024. The City of Firebaugh hereby consents to recordation thereofby its duly authorized officer.
Dated: 2024 R.r'
Ben Gallegos, City Manager
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
Mayor Elsa Lopez and Council Members
Pio Martin, Finance Director
October 7,2024
water Rate study -2024
RECOMMENDATION:
Review and approve Resolution No. 24-48
HISTORY:
Tuckfield & Associates have been providing financial consulting on the City's Water and Wastewater Enterprises over 17 years and providing a study approximately every five years. Mr. Tuckfield presented a draft report of the Water and Wastewater rate to Council on Decemb er 4, 2023. The last study was presented to Council on November 19, 2018, and approved by Resolution No. 19-13 on March 4,2019, and passed on 4 to 1 vote. On March 3, 2024, staffpresent Resolution 24-09 andfailed by 2-3 vote.
DISCUSSION:
The significance of the rate study and direct implication it has with 2013 Water Revenue Refunding Bonds, 2016A Water Revenue Refunding Bond and 2016A Wastewater Revenue Refunding Bonds, maintaining operating and capital reserves at or greater than target levels. Staff provide updated Water Financial Planwithwater increase to go into ffict on January l, 2024, if rates ore approved by Council.
FISCAL IMPACT
Recommended increase beginning January l, 2025 , 2024. - December 2026, and a 1 .04o/o increase year over year with January I,2028, being the final year of four increase. The rate increase is to meet capital replacement, existing debt service and capital improvements, beginning Janu l, 2025 and on each January 1 thereafter for the remainder of the study period.
RESOLUTION NO. 24-48
A RESOLUTION OF THB CITY COUNCIL OF THE CITY OF'F'IREBAUGH ESTABLISHING
RATE INCREASES FOR WATER SERVICES
WHEREAS, according to analysis of equipment, facilities, staffing, financial records and future capital needs of the City, a repoft was presented to the City Council December 4,2023, prepared by Tuckfield & Associates "Firebaugh Water & Wastewater Rate Study Report December 2023" ("Rate Study") and independent analysis by City staffl, increases in the rates charged for water supply/delivery, wastewater collection, and treatment are required to provide adequate revenue in the City's Water Enterprise Fund and City's Sewer Enterprise Fund in order to avoid future operating deficits in the Funds and to :
Generate sufficient revenue for water and wastewater operations; Maintain operating and capital reserves at or greater than target levels. Capital projects need to provide adequate water and wastewater service to City customers, to provide for future growth in and around the City, and to comply with State and Federal agency mandates. Water capital improvements relating to water quality, including but not limited to water main replacement and installation, installation of a telemetry system, water storage tank improvements, and installation of replacement wells. Wastewater capital improvements relating to wastewater quality and treatment, including but not limited to replacement and repair of components of the City wastewater treatment plant and various sewer lift stations installation , and installation of sewer mains and other sewer system enhancements; Maintain debt service coverage ratios at or greater than the minimum required. Meet prudent water, wastewater utilities, and financial planning criteria, including maintaining a working capital reserve ofat least 180 days'operation and maintenance expense, adjusting revenue to keep the current Funds balance at existing levels, and maintaining a debt service coverage ratio ofat least 125 percent to insure that debt service coverage required by existing water and wastewater revenue bond covenants will be met;
D. Meet annual capital replacement spending from annual revenue and reserves; and WHEREAS, the City duly provided notice of the proposed water services rate increases of a scheduled public hearing thereon on August 16, 2024, by first class mail to each City customer and property owner at least 45 days prior to the date of the public hearing. by city website firebaugh.org on August 16,2024, at least 45 days before the public hearing; and
WHEREAS, prior to adopting this resolution, on October 7,2024, the City Council duly conducted the public hearing on the proposed water services increases and heard oral and written testimony submitted in connection with the proposed increase; and
WHEREAS, the City Council has independently considered the Rate Study, other analysis and reports of City staff and the written and oral testimony presented at the public hearing, both for and against the proposed water services rate increase; and
WHEREAS, the City Councilhas determined that written protests againstthe proposed water services rate increases have not been presented by a majority of the record owners of the parcels that would be subject to the increased water services rates;
A.
B.
C
-1-
WHEREAS, the City Council desires to move forward with adoption of the water rates.
TIIEREFORE, the City Council of the City of Firebaugh resolves finds and determines as follows:
Section I. The recitals set forth above are true and correct as ofthe date this resolution is adopted.
Section 2. The rates for water service provided by the City of Firebaugh are hereby established as shown on Exhibit A, which is attached to and incorporated in this resolution.
Section 3. All previously established rates for such City water services are abolished.
Section 4. The rates in Exhibits "A" Water shall become effective January l, 2025 and subsequently adjusted January 1,2026, January 1,202'7, and January 1,2028 as so noted in Exhibit A.
Section 5. The Water Rates and Wastewater Rates are independent of one another. If any provision of either the Water Rates or the Wastewater Rates is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, the remainder of the rate structure shall remain operative and binding.
The foregoing resolution was adopted by the City Council of the City of Firebaugh at a regular meeting held on October 7,2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
CLERK'S CERTIFICATION
STATE OF CALIFORNIA)
couNTY oF FRESNO) SS.
CITY OF FIREBAUGH)
I, Rita Lozano, Deputy City Clerk of the City of Firebaugh, certiff that the foregoing resolution was adopted by the City Council of the City of Firebaugh at a regular meeting held on October 7 , 2024.
Rita Lozano, Deputy City Clerk
.',
Proposed Water Rate Structure and Rates Exhibit A
Curre nt
Rate
January 1, January 1, January 1, January 1,
Classification FY 24-25 FY 25-26 FY 26-27 FY 27-28
All Customers Except lndudrial Fixed Charqe {$ ber monthl <=l
Meter Size
inch and smaller
1-112 inch
2 inch
3 inch
4 inch
6 inch
$16.96
$25.80
$38.81
$93.66
$1 31 .53
$260.62
$253.81
$338.41
$592.22
$1,099.83
$1,692.04
$17.86
$27.08
$40.45
$95.31
$1 34.30
$268.63
$267.84
$357.12
$624.97
$1 ,160.66
$1,785.62
$18.11
$27.46
$41.02
$96.64
$1 36.1 8
$272.39
$271.59
$362.12
$633.72
$1,176.91
$1,810.62
$18.36
$27.U
$41.59
$97.99
$1 38.09
$276.20
$275.39
$367.1 I
$642.59
$1,1 93.39
$1,835.97
$18.62
$28.23
$42.17
$99.36
$140.02
$280.07
$279.25
$372.33
$651.59
$1 ,210. 10
$1,861.67
I nd ustria I
2 inch
3 inch
4 inch
6 inch
'14 inch
Public Housing Authority
lncluded Volume
75 100
175
325
500
$39.04 $40.1 1 $40.67 $4't .24 $41.82
Current
Rate
January 1,
FY 24-25
January 1,
FY 2s-26
January'l., January 1,
Glassification FY 26-27 FY 27-28
Variable Charqe l$ ne r1 -000 oal)
Single-family Residential
Tierl-0toTunits
ller2-Btol5units
Tier3-Oler15
Multifamily Residential
Commerclal
lndustrial (Charge Over lncluded Volume)
Public Authority/Schools
Landscape lrrigation
Las Deltas ['l]
Tierl-0to5000units
ller 2 - 5001 and Orcr
$1.67
$2.07
$2.n
$1.86
$1.86
$3.33
$1.86
$2.54
$3.17
$3.49
$1.78
$2.08
$2.49
$2.05
$2.05
$3.54
$2.05
$2.66
$3.25
$3.59
$1.80
$2.1 1
$2.52
$2.08
$2.08
$3.59
$2.08
$2.70
$3.30
$3.64
$1.83
$2.14
$2.56
$2.11
$2.11
$3.64
$2.11
$2.74
$3.35
$3.69
$1.86
$2.17
$2-60
$2.14
s2.'t4
$3.69
$2.'.!4
$2.78
$3.40
$3.74
Difference of
5t.zz
s160
S14o
s120
Sloo 593.18 S94.40
s80
s60
S40
s20
so
Current 10kgal Proposed 10 kgal
S1o3.s3 s104.6s
current 15 kgal Prcposed 15 kgal
Difference of
5r.r2
s117.38 S116.9s
Current 20kgal Popos€d 20 kgal
Difference of
-s.43
Difference of
$r.zo
Difference of
Sr.zs
Difference of
$.gs
37.00 35.50
36.00 35.50
35.00 34.50
34.00 47.50
47.00 46.50
45.00 45.50
45.00 44.50
44.OO
59.50 59.40
s9.30
59.20 59.10
59.00 58.90
s8.80
Current Proposed
10kgal L0kgal
I
Current Proposed
15kgal 10kgal
Current Proposed
20kgal 10kgal
STAFF REPORT
TO:
FROM:
DATE:
Mayor and Council Member
Ben Gallegos, City Manager
t0/7/24
Meetines Attended:
RUBICON (Broadband)
CDBG NOFA
City of Firebaugh/Las Deltas progress update
Firebaugh Connectivity and Revitalization Study Advisory Group Rotary Meeting (Donated a bench for downtown)
BioFiltro (Discuss building an industrial wastewater plan) Help the City of Kerman with interview
Information:
I'm pleased to announce that the City received a grant from the San Joaquin River Exchange Contractors Water Authority for $180,000 to rehabilitation of approximately 7,000 linear feet of existing pedestrian and bike trail along the San Joaquin River.
City of Firebaugh Public Works Deportment
Staff Report
To: Mayor Elsa Lopez and City Council Members
From: Michoel Molina, Public Works Director
Date: October 7, 2024 - Council Meeting
Water/Wastewoter
The operation department has been working on the following:
1. Day to day operations of treatment plants.
2. Work on water mains break on M Street.
3. Continuing weed abatement at sewer plant and lift stations and solar panels.
4. Ripping percolation ponds
Streets
The Street Department has been working on the following:
L. Assisting Avison with sidewalk project on 33
2. Painting center line on main street.
Parks
The Crew has been working on the following
L. Set up and tear park for Festival
Citv Proiects:
7. lnstalling new drains at the Police Department.
2. Will begin working on installing mor grass around the infield Dunkle Park.