Exhibit ‘B'
LICENSE AGREEMENT BETWEEN THE CITY OF KERMAN
AND KERMAN COMMUNITY FOOD BANK
THIS LICENSE AGREEMENT (“Agreement”) is entered into by and between the City of KERMAN (“City”) and Kerman Community Food Bank (“Food Bank”).
WHEREAS, City is tenant of property commonly described as Caring Center located in the City of Kerman, County of Fresno, State of California; and WHEREAS, Food Bank is an organization authorized to do business in the State of California,
WHEREAS, City has determined that allowing use of the property by Food Bank will provide a benefit to the health and welfare of the people of the City of Kerman.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. Description of Property. City is the tenant of certain real property situated in the City of Kerman, and more commonly described as Caring Center located at 14660 W. D Street Kerman CA APN 023-150-40ST (“Property”), and in Exhibit A which is attached to this Agreement and hereby incorporated by reference.
2. Grant of License. In consideration of the sum of one dollar ($1.00) per year, City grants Food Bank a license (“License”) on a non-exclusive use basis to perform the following acts on the Property in the West Room of the Caring Center: Operate a Community Food Bank, distributing food to local residents once a week on Thursday from 10:00 a.m. to 12:00 p.m.
Food Bank may not use the Property for any other purpose or business without obtaining City’s prior written consent.
3. Incidental Rights. The License includes the following incidental rights to use the Property:
access to the Caring Center Monday through Friday from 8:00 a.m. to 5:00 p.m. to stock and maintain the food bank. In exercising these rights, Food Bank must use reasonable care and may not unreasonably increase the burden of the Property.
4. Utilities and Maintenance. Food Bank shall have non-exclusive use of the premises as described above. Telephone and janitorial service will be the responsibility of Food Bank. The City will provide utility, water, sewer, refuse collection and recycling services for the Premises at no charge to Food Bank. All utilities are available to the Premises but Food Bank shall seek written approval from City for installation and proper maintenance of any utility connections and fixtures from existing service terminations to Premises as Food Bank may require.
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Section 7, Item A.
Food Bank acknowledges that Food Bank is using the Premises on an “as is” basis. Food Bank shall at all times during the term make its best efforts to keep and maintain the Premises (including improvements thereto) in good and sanitary order and condition. Food Bank further agrees to assume responsibility for any repairs or replacement of fixtures, plumbing or equipment damaged due to misuse or abuse.
By entering into the Premises, Food Bank shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Food Bank agrees on the last day of the term or sooner termination of this Agreement to surrender the Premises with appurtenances, in the same condition as when received, reasonable use and wear and tear excepted.
Food Bank will clean all areas and equipment used for their purpose on days of use as noted above.
5. License Nonassignable. This License is personal to the Licensee and shall not be assigned.
Any attempt to assign the License shall automatically terminate it. No legal title or leasehold interest in the Property is created or vested in Caring Center by the grant of this License.
6. Term and Termination. This License shall commence on March 8, 2023 (“Effective Date”) and terminate in five (5) years on March 8, 2028. A new five (5) year term will automatically commence at end of first term unless either party initiates a change. Either party may terminate the License upon written thirty (30) days' notice.
7. Termination of Occupancy. On or before the termination date for this License specified in paragraph 6 of this Agreement, Food Bank shall remove all of Food Bank’s personal property from the Property and shall surrender possession of the Property to City in good order and repair to the satisfaction of the City, normal wear and tear excepted.
8. Indemnity. Food Bank, as a material part of the consideration is to be rendered to City under this Agreement, waives all claims against City for damages to all personal property in, on, or about the Property, and for injuries to persons in or about the Property, from any cause arising at any time. Further, Food Bank agrees to defend City and to hold City exempt and harmless for and on account of any damage or injury to any person or personal property of any person, arising from i) Kerman Community Food Bank’s use of the Property; or ii) Food Bank’s failure to keep the Property and surrounding areas clean and in good condition. City shall not be liable to Kerman Community Food Bank for any damage by or from any act of negligence of any other occupant of the Property or any occupant of adjoining or contiguous property. Food Bank agrees to pay for all damages to the Property, as well as all damage to occupants of the Property and to the property of those occupants caused by Food Bank’s misuse or neglect of the Property. 250
Section 7, Item A.
9. Insurance. Food Bank further agrees to maintain in full force during the term of this License, at Food Bank’s own expense, a policy of comprehensive liability insurance, including property damage, which will insure Kerman Community Food Bank and City against liability for injury to persons, damage to property, and death of any person occurring in or about the Property. Food Bank will add by separate endorsement City of Kerman, its officials, officers, employees and agents as an additional insured with coverage at least as broad as ISO form CG 20 10. The policy shall be approved as to form and insurance by City. The insurance shall not be less than $1,000,000.00 for any one person injured or killed, not less than $1,000,000.00 for any one incident, and not less than $1,000,000.00 for property damage. Food Bank shall provide City with a copy of the policy, including an endorsement that states the policy will not be cancelled except after 10 days’ notice in writing to City.
10. Attorneys’ Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
11. Entire Agreement. This Agreement constitutes the entire agreement between City and Food Bank relating to the License. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to the Agreement shall be of no force and effect unless it is in writing and signed by City and Food Bank.
CITY OF KERMAN
_____________________________
John Jansons, City Manager
DATE: ________________
KERMAN COMMUNITY FOOD BANK
_____________________________
[Name]
[Title]
DATE: ________________
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Section 7, Item A.
Exhibit 'A' Caring Center
San Joaquin Valley REAP Committee for Housing
Meeting Agenda
Friday, February 24, 2023
Time: 9:05 a.m.
ZOOM CONFERENCE MEETING
Meeting ID: 821 6184 1691
Passcode: 636720
https://us02web.zoom.us/j/82161841691?pwd=QVRFcW9kWmpHVEZldGZnUmNvWEFqQT09 Phone only: (669) 900-9128
1) CALL TO ORDER AND INTRODUCTIONS Chair Yep
Enclosure
2) ELECTION OF CHAIR AND VICE-CHAIR
3) APPROVE JUNE 24, 2022, MEETING MINUTES Chair þ
4) DISCUSSION/ACTION ITEMS
A. REAP PROGRAM UPDATE Michael Sigala þ
B. STATUS OF REAP FUNDING Robert Phipps þ
C. CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT Paul McDougall 5) COMMITTEE MEMBER COMMENTS
6) PUBLIC COMMENT
This portion of the meeting is reserved for persons wishing to address the Committee on items within its jurisdiction but NOT on this agenda. Public Comment will be allowed during the Discussion/Action Items above.
Americans with Disabilities Act (ADA) Accommodations
The public meeting location and restrooms are ADA accessible. Representatives or individuals with disabilities should contact the SJV REAP Committee for Housing at 559.266.6222, at least 3 days in advance, to request auxiliary aids and/or translation services necessary to participate in the public meeting.
At this time, all meetings are conducted via Zoom.
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Section 9, Item A.
San Joaquin Valley REAP Committee for Housing
Meeting Minutes
Friday, June 24, 2022
Time: 10:30 am
ZOOM Conference Call Meeting
Committee Members
MEMBER TITLE JURISDICTION
Chair - Gary Yep Mayor City of Kerman X
Vice Chair – Lloyd Pareira
Pariera PPareria x
Supervisor Merced County X
Cathy Prout Mayor City of Shafter
Zack Scrivner Supervisor Kern County
Bob Smith Councilmember City of Bakersfield X
Doug Verboon Supervisor Kings County X
Diane Sharp Mayor City of Hanford X
Alvaro Preciado Mayor City of Avenal
Steve Brandau Supervisor Fresno County
Jerry Dyer Mayor City of Fresno
Santos Garcia Mayor City of Madera X
Robert Poythress Supervisor Madera County X
Diana Palmer Councilmember City of Chowchilla X
Matt Serratto Mayor City of Merced
April Hogue Mayor City of Dos Palos X
Dan Wright Councilmember City of Stockton X
Chuck Winn Supervisor San Joaquin County
Gary Singh Councilmember City of Manteca
Vito Chiesa Supervisor Stanislaus County X
Bill O’Brien Private Citizen Large City Stanislaus County X Anthony Canella Private Citizen Small City Stanislaus County X Eddie Valero Supervisor Tulare County X
Frankie Alves Mayor Pro Tem City of Exeter X
Martha Flores Mayor City of Porterville X
Please see Appendix A for a list of other attendees
ITEM 3
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Section 9, Item A.
1. CALL TO ORDER AND INTRODUCTIONS Chair Yep
SPECIAL MEETING AB 361 RESOLUTION. THERE WAS A SEPARATE SPECIAL MEETING BEFORE THE BEGINNING OF THIS MEETING TO APPROVE AN AB 361 RESOLUTION (#06-24-22) FOR CONTINUING TO MEET VIA TELECONFERNCE FROM JUNE 24, 2022, THROUGH JULY 23, 2022.
First Motion: Supervisor Valero
Second Motion: Councilmember Wright
No Nays
Motion Carried
2. APPROVE JANUARY 21, 2022, MEETING MINUTES Chair Yep
First Motion: Mayor Flores
Second Motion: Supervisor Pareira
No Nays
Motion Carried
3. DISCUSSION/ACTION ITEMS
A. APPROVE AMENDED BYLAWS Michael Sigala
Michael Sigala noted that at the January 21, 2022, San Joaquin Valley REAP Committee for Housing regular meeting, Chair Yep requested that the governing bylaws be amended to replace the requirement for a quorum from two-thirds of the members to a simple majority plus one. Also, the in-person requirement for a meeting attendance stipend was eliminated from the bylaws. These changes, and a few other minor text changes presented to the Committee for approval. There were a few member comments about the lack of participation from Committee members who have never attended the REAP meetings. The item was motioned for approval:
First Motion: Supervisor Chiesa
Second Motion: Supervisor Valero
No Nays
Motion Carried
B. UPDATE ON RECENT REAP ACTIVITIES AND FUNDING Michael Sigala & Robert Phipps Michael Sigala and Robert Phipps provided an update of valleywide REAP activities. They noted technical assistance, comprehensive housing report, ADU program development, housing laws guide, and other pending research topics related to water supply, housing element RHNA numbers, affirmatively furthering fair housing, condominium construction, workshop series, and inclusionary housing. Mr. Phipps noted the third REAP funding application that is under review at this time.
C. UPDATE FROM THE STATE DEPARTMENT OF HOUSING AND COMMUNITY Divya Sen
DEVELOPMENT
Divya Sen noted the review of the REAP third funding application from the San Joaquin Valley.
D. COMPREHENSIVE HOUSING REPORT FOR THE SAN JOAQUIN VALLEY Jim Harnish Jim Harnish (Mintier Harnish) provided a brief slide deck presentation of the now completed housing report.
He reviewed the various sections of the report including existing conditions, best practices, barriers to housing production, outreach, housing production trends, and housing elements. Mr. Harnish noted over 100 policy recommendations from the report and provided information on the online availability of the report.
255
Section 9, Item A.
E. VALLEYWIDE ACCESSORY DWELLING UNIT (ADU) PROGRAM Precision Engineering Bonique Emerson of Precision Engineering provided a slide deck presentation of the valleywide ADU program. She noted informational materials, ordinance templates, guides, housing plans and other materials valley jurisdictions can use to implement ADU programs. Technical assistance is also available for jurisdictions.
F. HOUSING CAPACITY ANALYSIS HDR/Calthorpe
Joey Scanga and Clark Williams from HDR/Calthorpe presented a slide deck presentation on the Urban Footprint GIS tool that is being utilized for this assignment. HDR provided an overview of the housing capacity analysis, compilation of the zoning and planned uses across the valley, identification of infill and vacant site opportunities, and housing protype recommendations. They provided a visual presentation of the utilization of the GIS system for housing analysis.
4. COMMITTEE MEMBER COMMENTS
No comments were provided.
5. PUBLIC COMMENT
No comments were provided.
Appendix: A
Other Attendees:
Individuals Organization
Michael Sigala Sigala Inc.
Robert Phipps Fresno COG
Ahron Hakimi Kern COG
Becky Napier Kern COG
Ben Kimball Tulare County Association of Governments
Bonique Emerson Precision Engineering
Jenna Chilingerian Precision Engineering
Christine Corrales San Joaquin COG
Clark Williams HDR
Cynthia Marsh City of Stockton
Diane Nguyen San Joaquin COG
Elisabeth Hahn StanCOG
Emma Goldsmith San Joaquin COG
Hazel Choi StanCOG
Jim Harnish Mintier & Harnish
Joey Scanga HDR
Kristine Williams Enterprise Community Partners
Luis Ledesma Kings County Association of Governments
Meg Prince Fresno COG
Patricia Taylor Madera County Transportation Commission Monica Streeter StanCOG
Natalia Austin Merced County Association of Governments Randy Hatch Hatch Planning Consultations
Terri King KCAG
Rosa Park StanCOG
Stacie Guzman MCAG
Steven Ingoldsby TCAG
Tony Boren Fresno COG
Rochelle Invina Kern COG
256
Section 9, Item A.
San Joaquin Valley
Regional Early Action Planning (REAP)
Committee for Housing
February 24, 2023
ITEM 4
257
Section 9, Item A.
§ The Local Government Planning Support Grants Program (AB 101) was established to provide regions and jurisdictions with one-time grant funding for planning activities to meet the sixth cycle of the regional housing needs assessment, and to spur affordable housing production.
§ A total of $18,975,323 in Regional Early Action Planning (REAP) grant funds was awarded to the eight San Joaquin Valley Regional Planning Agencies.
§ A 24 member San Joaquin Valley REAP Committee for Housing was established and four official meetings have been held to help steer this planning effort.
Background
258
Section 9, Item A.
01 Housing
Committee
Members
Kern County
Supervisor Zack Scrivner, County of Kern (County Rep. and Kern COG Board Member) Councilmember Bob Smith, City of Bakersfield (Large City Rep. and Chairman of Kern COG) Mayor Cathy Prout, City of Shafter (Small City Rep. and Kern COG Board Member) Kings County
Supervisor Doug Verboon, County of Kings (County Rep. and KCAG Board Member) Mayor Diane Sharp, City of Hanford (Large City Rep.)
Mayor Alvaro Preciado, City of Avenal (Small City Rep.) Fresno County
Supervisor Steve Brandau, County of Fresno (County Rep) Mayor Jerry Dyer, City of Fresno (Large City Representative and Fresno COG Board Member) CHAIR - Mayor Gary Yep, City of Kerman (Small City Representative and Fresno COG Board Member) Madera County
Supervisor Robert Poythress, County of Madera (County Rep. and MCTC Board Member) Mayor Santos Garcia, City of Madera (Large City Rep.)
Vacant
Merced County
VICE CHAIR - Supervisor Lloyd Pareira, County of Merced (County Rep. and MCAG Board Member) Mayor Matt Serratto, City of Merced (Large City Representative) Mayor April Hogue, City of Dos Palos (Small City Representative) San Joaquin County
Supervisor Robert Rickman, County of San Joaquin (County Rep.) Councilmember Dan Wright, City of Stockton (Large City Rep. and SJ COG Board Member) Councilmember Gary Singh, City of Manteca (Small City Rep.) Stanislaus County
Supervisor Vito Chiesa, County of Stanislaus (County Rep. and StanCOG Board Member) Bill O’Brien, private citizen representing Larger Cities (former county supervisor) Anthony Canella, private citizen representing Small Cities (former state senator) Tulare County
Supervisor Eddie Valero, County of Tulare (County Rep. and TCAG Board Member) Mayor Pro-Tem Frankie Alves, City of Exeter (Small City Rep.) Mayor Martha Flores, City of Porterville (Large City Rep.) 259
Section 9, Item A.
Major Work Areas
§ RHNA (regional housing needs assessments)
Developing an improved methodology for the distribution of the sixth cycle regional housing need assessment, and housing element implementation.
§ Suballocations to Jurisdictions
Providing grants to accelerate housing production in a way that aligns with state planning priorities, housing, transportation, equity, and climate goals.
§ Valleywide Programming
Conducting a comprehensive housing report, regional planning and coordination, program implementation, technical assistance, and other activities. Administration of the REAP application, agreements, consultants, outreach and communication, and other administrative and program management duties.
260
Section 9, Item A.
§ Comprehensive Housing Report
§ Housing Element Data Sets
§ Technical Assistance
§ ADU Template Program
§ Guide to Recent Housing Laws
§ REAP Workshop Series
§ Urban Footprint GIS “RHNA Insights” Tool
§ Funding Applications, Reporting, Monitoring
§ Jurisdictional Outreach
§ SJV Household Travel Survey
§ Annual Policy Conference
§ AFFH Technical Assistance and Workshops
§ Condo Construction Analysis
§ Inclusionary Housing Analysis
§ Water Supply/SGMA Impacts to Housing Production
Valleywide Programming
WWW.SJVCOGS.ORG/REAP
Complete
and Ongoing
In Progress
261
Section 9, Item A.
Comprehensive Housing Report and
Housing Element Data Sets
Valleywide
Programming
262
Section 9, Item A.
Technical Assistance to Jurisdictions
Consultant Bench
AECOM
Mintier Harnish
Precision Engineering
QK
Raimi + Associates
VTA
Rincon Consulting
Estolano Advisors
Jurisdictions who have signed up
Arvin, McFarland, Atwater, Kingsburg,
Bakersfield, Clovis, Stanislaus County,
Hughson, Stockton, Selma, Madera County,
Madera and Lodi.
Valleywide
Programming
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Section 9, Item A.
ADU Template Program
Accessory Dwelling Unit (ADU) resources for cities and
counties are available, for free. The program includes:
• Informational ADU handouts,
• House plans
• Sample ordinances
• ADU implementation guide for planners
• Slide deck local planners can use for public
meetings
• Overview of existing ADU programs
• Technical Assistance
A complete suite for implementing an ADU program.
Valleywide
Programming
264
Section 9, Item A.
Guide to Recent Housing Laws
The Guide includes:
• Housing-related laws
enacted within the last five
(5) years from 2017 to 2022
• Brief and detailed
descriptions of each law
• Prioritization level—act,
prepare, and plan—
assigned to each law
• Grouping of laws by topic
area
• Index by bill number and
subject
Valleywide
Programming
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Section 9, Item A.
SJV REAP Workshop Series
• Over 12 workshops held since September 2021.
• Well attended by jurisdictions, average
attendance is 75 persons.
• All workshops are eligible for AICP credit.
Valleywide
Programming
266
Section 9, Item A.
GIS RHNA INSIGHTS TOOL
Madera County: Vacant Residential Parcels 0.2 – 0.5 ac
0.5 – 10 ac
10 -40 ac
40 + ac
Madera County Target: 12,243 units
794 Vacant Residential Parcels on 1,137 acres
Surplus (positive #)/Deficit : 11,842 units
0.2-0.5 ac 431 parcels 128 ac
0.5-10 ac 336 parcels 530 ac
10-40 ac 26 parcels 418 ac
40+ ac 1 parcel 61 ac
All parcels are larger than 0.2 acres (8k sq ft)
Madera County 2,816 23.0% 2,118 17.3% 2,179 17.8% 5,142 42.0% 12,243
MADERA COUNTY
Size in acres Number of
Vacant Parcels
Acreage Density (du/acre) Units
0.2 - 0.5 431 128 5 640
0.5-10 336 530 20 10,600
10.0 - 40 26 418 30 12,540
40.0 - 54.66 1 61 5 305
1,070 1,682 24,085
Total Units Needed
RHNA 12,243
Deficit/Surplus 11,842
• Dynamic GIS software system developed
specifically for the San Joaquin Valley.
• Allows users to analyze sites, housing capacity,
infrastructure, infill options, etc.
• A tool to support Housing Element Updates.
Valleywide
Programming
267
Section 9, Item A.
In Progress
Affirmatively Furthering Fair Housing (AFFH)
Technical Assistance and Workshops
AFFH Technical Assistance Consulting Bench
• Mintier Harnish
• Raimi + Associates
• VTA
• Rincon Consulting
• Estolono Advisors
AFFH 2023 Spring Workshop Series
• Monday, March 13th at 1 p.m.
• Tuesday, April 18th at 1 p.m.
• Tuesday, May 16th at 1 p.m.
Valleywide
Programming
268
Section 9, Item A.
In Progress
Condominium Construction
Analysis
Inclusionary Housing
Analysis
Valleywide
Programming
269
Section 9, Item A.
In Progress
Water Supply/SGMA Impacts to Housing Production
• Analysis of water supply and
SGMA requirements versus
housing demand and
production needs (RHNA).
• The study will provide a GIS
analysis of areas with greatest
deficits in water supply.
• The study will provide well
researched water policy
recommendations.
Valleywide
Programming
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Section 9, Item A.
REAP FUNDING UPDATE
San Joaquin Valley REAP Summary Funding Table
< - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - Initial Funding - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - > Phase I Phase II Phase III
(1st app) (2nd app) (3rd app)
RHNA Sub Allocations Total Valleywide Supplemental Total Sub Allocations Sub Allocations RHNA Valleywide Total REAP Planning Cities\Counties Phase I Planning RHNA Phase II Cities\Counties Cities/Counties Planning Planning Funding Fresno Council of Governments 1,114,737.63 352,480 762,257 1,279,228 4,475,000 125,000 4,600,000 2,057,660 2,819,918 477,480 4,475,000 7,772,398 Kern Council of Governments 1,001,370.41 316,633 684,737 1,149,133 125,000 125,000 1,848,399 2,533,136 441,633 2,974,769 Kings County Association of Governments 168,949.28 53,422 115,527 193,879 125,000 125,000 311,858 427,386 178,422 605,808 Madera County Transportation Commission 172,885.65 54,666 118,219 198,397 125,000 125,000 319,124 437,344 179,666 617,010 Merced County Association of Governments 310,394.79 98,147 212,248 356,197 125,000 125,000 572,948 785,196 223,147 1,008,343 San Joaquin Council of Governments 845,097.40 267,220 577,877 969,800 125,000 125,000 1,559,939 2,137,817 392,220 2,530,037 Stanislaus Council of Governments 607,250.45 192,013 415,238 696,856 125,000 125,000 1,120,905 1,536,143 317,013 1,853,156 Tulare County Association of Governments 523,145.14 165,419 357,727 600,340 125,000 125,000 965,658 1,323,384 290,419 1,613,803 Total 4,743,830.75 1,500,000 3,243,831 5,443,831 4,475,000 1,000,000 5,475,000 8,756,492 12,000,323 2,500,000 4,475,000 18,975,323 63% 13% 24% 100%
Pending
Valleywide Budget
Phase II (2nd app)
Supplemental RHNA 1,000,000
Comprehensive Housing Report 500,000
Additional valleywide studies 1,000,000
Household Travel Survey 500,000
Technical Assistance Consultant Bench 1,500,000
Outreach, Marketing, workshops, policy conference 250,000 Fresno COG Admin 300,000
Housing Program Manager 314,200
Reserve/Contingencies 110,800
5,475,000
Summary
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Section 9, Item A.
For questions or more
information:
ROBERT PHIPPS
[email protected]
559-233-4148 Ext. 210
MICHAEL SIGALA
[email protected]
559.266.6222
WWW.SJVCOGS.ORG/REAP
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Section 9, Item A.