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SPECIAL MEETING AGENDA
Please silence all electronic devices as a courtesy to those in attendance. Thank you. 5:30 pm SPECIAL SESSION
This special City Council meeting will run in concurrence with the regular City Council meeting of December 3, 2024.
CONSENT CALENDAR
4-16 Approval – Right of Way Dedication – East Side of 18 ¾ Avenue 4-17 Approval – Joint Use Agreement between Lemoore Union High School District and the City of Lemoore
CLOSED SESSION
1. Government Code Section 54956.9
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9
One Case
2. Government Code Section 54956.9
Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 One Case
PUBLIC NOTIFICATION
I, Marisa Avalos, City Clerk for the City of Lemoore, declare under penalty of perjury that I posted the above Special City Council Agenda for the meeting of December 3, 2024 at Council Chamber, 429 C Street and City Hall, 711 W. Cinnamon Drive, Lemoore, CA on December 2, 2024. //s//
Marisa Avalos, City Clerk
LEMOORE
CALIFORNIA
LEMOORE CITY COUNCIL
COUNCIL CHAMBER
429 C STREET
December 3, 2024
5:30 P.M.
CITY COUNCIL REGULAR/SPECIAL MEETING
DECEMBER 3, 2024 @ 5:30 p.m.
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If a general public comment or comment on a business item is received after 5:00 p.m., efforts will be made to read your comment into the record. However, staff cannot guarantee that written comments received after 5:00 p.m. will be read. All written comments that are not read into the record will be made part of the meeting minutes, provided that such comments are received prior to the end of the City Council meeting.
Public Hearings
For public comment on a public hearing, all public comments must be received by the close of the public hearing period. All comments received by the close of the public hearing period will be read aloud by a staff member during the applicable agenda item, provided that such comments may be read within the normal three (3) minutes allotted to each speaker. Any portion of your comment extending past three (3) minutes may not be read aloud due to time restrictions. If a comment on a public hearing item is received after the close of the public hearing, such comment will be made part of the meeting minutes, provided that such comment is received prior to the end of the meeting.
*PLEASE BE AWARE THAT ANY PUBLIC COMMENTS RECEIVED THAT DO NOT SPECIFY A PARTICULAR AGENDA ITEM WILL BE READ ALOUD DURING THE GENERAL PUBLIC COMMENT PORTION OF THE AGENDA.* “In God We Trust”
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Staff Report
Item No: 4-16
To: Lemoore City Council
From Randon Reeder, Management Analyst
Date: November 24, 2024 Meeting Date: December 3, 2024
Subject: Right of Way Dedication – East Side of 18 ¾ Avenue Strategic Initiative:
☒ Safe & Vibrant Community ☒ Growing & Dynamic Economy
☐ Fiscally Sound Government ☒ Operational Excellence
☒ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Approval of Right of Way Dedication along the east side of 18 ¾ Avenue.
Subject/Discussion:
The City of Lemoore is looking to accept the grant deed from Juan Cabrera and Laura Lopez for a right of way dedication. The right of way dedication is located on the east side of 18 ¾ Avenue, south of Glendale Avenue. This right of way allows the city to do utility connections and future improvements such as sidewalk, curb, and gutter.
Financial Consideration(s):
N/A.
Staff Recommendation:
Staff recommends approval of the Right of Way Dedication and allow for it to be recorded.
Attachments: Review: Date:
☐ Resolution: ☐ Asst. City Manager
☐ Ordinance: ☐ City Attorney
☐ Map ☐ City Clerk
☐ Contract ☐ City Manager
☒ Other: Grant Deed Exhibit ☐ Finance
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Staff Report
Item No: 4-17
To: Lemoore City Council
From: Marissa Trejo, City Manager
Date: December 2, 2024 Meeting Date: December 3, 2024
Subject: Joint Use Agreement between Lemoore Union High School District and the City of Lemoore
Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☐ Operational Excellence
☐ Community & Neighborhood Livability ☒ Not Applicable
Proposed Motion:
Approval of the Joint Use Agreement between Lemoore Union High School District and the City of Lemoore.
Subject/Discussion:
Since 1993, the City and Lemoore Union High School District have had a joint use agreement in place. The most recent agreement expired in June 2020.
Over the years, the joint use agreement has allowed the City and the High School District to utilize respective facilities at a reduced rate, for the mutual benefit of the community.
For the City, it has afforded the City to maintain recreation program costs at a reasonable rate and provided the recreation division more opportunities for community programming.
The City and Lemoore Union High School have had an ongoing mutually beneficial shared facility agreement for reduced rates at their respective facilities. Staff for both the Lemoore Union High School and the City discussed and negotiated an agreement renewal for the next two years, from January 1, 2025 through December 31, 2026.
Financial Consideration(s):
The rates listed in the agreement are below market rate for both parties. Rates were modified during the negotiation to provide for additional costs for use of the City’s facilities that require facility lighting at outdoor facilities or janitorial services.
Alternatives or Pros/Cons:
Pros:
• The City benefits from reduced facility rates and additional space for recreational programming.
• The community, as a whole, benefits from an agreement between the City and High School with reduced rates.
Cons:
• None noted.
Commission/Board Recommendation:
Not Applicable.
Staff Recommendation:
Staff recommends City Council approve the Joint Use Agreement between Lemoore Union High School District and the City of Lemoore.
Attachments: Review: Date:
☐ Resolution: ☐ Asst. City Manager
☐ Ordinance: ☐ City Attorney
☐ Map ☐ City Clerk
☒ Contract ☐ City Manager
☐ Other ☐ Finance
List:
“In God We Trust”
Lemoore Union High School District
and the
City of Lemoore
Joint Use Agreement
2025 - 2029
THIS AGREEMENT is made and entered into by and between the LEMOORE UNION HIGH SCHOOL DISTRICT (hereinafter referred to as “DISTRICT”) and the CITY OF LEMOORE (hereinafter referred to as “CITY”).
WITNESSETH
WHEREAS, Education Code Sections 10900 et. Seq. and 40040 et. Seq. encourage school districts to cooperate with and to enter into agreements with other public agencies to jointly establish community recreation programs and to share existing recreational facilities; and
WHEREAS, the DISTRICT owns appropriate facilities located on DISTRICT property at 101 East Bush Street, Lemoore, California, and the CITY owns appropriate facilities within the city limits of Lemoore; and
WHEREAS, by the terms of this Agreement, the parties desire to share the costs of maintenance, repair and operation and to assign responsibilities and duties to each for such operation,
NOW, THEREFORE, IT IS HEREBY AGREED, under the covenants, conditions, restrictions and reservations as follows:
1. Term. This agreement shall start on January 1, 2025 and shall terminate on December 31, 2029. During that period and commencing on January 1, 2025 the CITY shall operate and run a recreational and instructional program for the residents of the City of Lemoore. The DISTRICT shall operate and run activities and events that support the instructional, intracurricular, or extracurricular programs for students enrolled at the Lemoore High School District.
2. Termination: Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. All provisions herein pertaining to the insurance, indemnification, fee and reimbursements shall survive termination.
3. Maintenance. DISTRICT and CITY shall provide all usual and regular maintenance and repair at their respective facilities. In order to facilitate scheduling of maintenance, each party shall provide to the other a schedule of the hours during which its permittees shall use said named facilities. In the event of willful or intentional damage to the facilities, the party, which has possession and use of them at the time, shall be wholly and solely responsible for the costs of repair.
4. Use of the Facilities. The DISTRICT and CITY shall make available to each other those buildings and facilities listed in Appendix ‘A’. The DISTRICT and CITY shall provide the following when using buildings and facilities: Adequate and qualified “In God We Trust”
supervisors and coordinators, insurance coverage, and all supplies and materials for carrying out their individual programs. It is expressly understood and agreed that the parties hereto have made or will make provisions for funds to carry out their respective programs. Costs for facilities are listed in Appendix ‘A’ and, in addition, any loss or damage to property resulting from acts of participants, its employees or agents during use shall be fully reimbursable. All claims for reimbursement of damages shall be made in a timely manner. Both parties shall complete the appropriate forms as needed to reserve the facilities.
5. Use by Third Parties. During the time when each party has exclusive use of the facilities under Paragraph 3 above, such party shall have the authority to allow the use of the facilities by third parties under the following requirement. Each party agrees to indemnify and hold the DISTRICT and CITY harmless from acts of such third parties, their officers, agents, and employees in their use of facilities. To accomplish this provision, the DISTRICT and CITY shall maintain public liability and property damage insurance covering all third party users of the facilities in an amount not less than $1,000,000. Said insurance shall name City and District as co-insured and shall contain a provision that the insurance will not be cancelled, modified, or revoked without thirty days prior written notice to the DISTRICT and CITY. The DISTRICT and CITY shall require third party users to obtain additional public liability and property damage insurance covering their third party in an amount not less than $1,000,000 and naming the DISTRICT and CITY as coinsured.
6. Indemnification. City Indemnification. City shall indemnify, save and hold harmless the District, its officials, officers, agents, employees, and volunteers against any and all claims, causes of action, liability, suits, judgments and expenses, including reasonable attorney’s fees and costs, for death or injury to persons, or loss of or damage to property, arising or alleged to have arisen directly or indirectly from: (a) active or passive negligent acts or omissions, or intentional acts (other than willful misconduct), of the City, the officials, officers agents, employees or volunteers in the performance of this Agreement, or (b) use of the Property by the City or by its permitted third party users or authorized invitees (other than District and their authorized users or invitees). Nothing herein shall constitute a waiver by City of governmental immunities including California Government Code Section 810 et seq.
District Indemnification. District shall indemnify, save and hold harmless the City, their officials, officers, agents, employees, and volunteers against any and all claims, causes of action, liability, suits, judgments and expenses, including reasonable attorney’s fees and costs, for death or injury to persons, or loss of or damage to property, arising or alleged to have arisen directly or indirectly from: (a) active or passive negligent acts or omissions, or intentional acts (other than willful misconduct), of District, its officials, officers, agents, employees or volunteers in the performance of this Agreement; or (b) use of the Property by the District or by its permitted third party users or authorized invitees (other than City, and their authorized users or invitees). Nothing herein shall constitute a waiver by District of governmental immunities including California Government Code Section 810 et seq.
“In God We Trust”
In the event of concurrent negligence on the part of the District and City, the liability for any and all such claims demands, and actions in law or in equity for such losses, fines, penalties, forfeitures costs and damages shall be appointed under the State of California’s theory of comparative negligence as presently established or as may modified hereafter.
7. Records. DISTRICT and CITY shall maintain separate accounting records of all expenditures for the maintenance and operation of the facilities.
8. Compensation. The DISTRICT and CITY agree to pay the fees that may be annually adjusted in Appendix ‘A’.
9. Parking. DISTRICT and CITY shall allow users of the facilities to park in the parking lots adjacent to the facilities provided such parking does not obstruct traffic, ingress or egress to the facility, interfere with necessary access from emergency personnel or in any way causes a danger to public health and safety
10.Alterations. Neither party shall structurally alter the Property, make any alteration, or change to the improvements on the Property, without the prior written consent of the other party.
11.Insurance.
a. DISTRICT shall obtain and maintain for the term of this Agreement public liability and property damage insurance, covering all users of facilities in an amount appropriate for the event but not less than $1,000,000 per occurrence and $1,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled. Said insurance shall name the CITY as additional covered party and shall contain a provision that the insurance will not be cancelled, modified, or revoked without thirty (30) days prior written notice to the CITY. If a carrier will not provide the required notice of cancellation, the DISTRICT shall provide written notice to the CITY of a cancellation no later than ten (10) business days before cancellation. b. CITY shall obtain and maintain for the term of this Agreement, public liability and property damage insurance, covering all users of the facilities in an amount appropriate for the event but not less than $1,000,000 per occurrence and $1,000,0000 general aggregate. The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled. Said insurance shall name the DISTRICT as additional covered party and shall contain a provision that the insurance will not be cancelled, modified, or revoked without thirty (30) days prior written notice to the DISTRICT. If a carrier will not provide the required notice of cancellation, the CITY shall provide written notice to the DISTRICT of a cancellation no later than ten (10) business days before cancellation.
12.Public Use. DISTRICT and CITY shall allow the use of the facilities for public recreation and community activities and shall endeavor to make it available to the widest range of activities reasonably possible and for no other purpose. It is further “In God We Trust”
agreed that recreational programs involving elementary age students shall first be operated on elementary facilities. Only when elementary facilities are not available will such programs be operated on the high school campus facilities.
13.Rules. DISTRICT and CITY shall draft reasonable rules and regulations for the use of the facilities. The DISTRICT and CITY shall cooperate in good faith on the drafting of such rules and regulations.
14.Employee/Independent Contractors. For purposes of this Agreement, all persons employed by each respective party in the performance of services and functions with respect to this agreement shall be deemed employees of that party and not the other for all purposes including, but not limited to, retirement, workers’ compensation, civil service, or other employment entitlements/status. Neither party shall have any authority to contract on behalf of the other party. It is expressly understood and agreed by both parties that, while engaged in carrying out and complying with any terms of this Agreement, each party is not acting as agent, officer, or employee of the other party.
15.Other Provisions. The failure of either party to this agreement to take advantage of any default or breach of this agreement by the other party shall not be or be construed as a waiver thereof, nor shall any custom or practice which may arise between the parties in the course of their relationship under this agreement be construed to waive or lessen the right of any non-defaulting party to enforce any term, covenant, condition, restriction, or reservation contained herein, or to exercise any rights of the respective parties on account of any such default. A waiver of particular breach or default shall not be deemed to be a waiver of the same or any subsequent beach or default.
16.If any term, covenant, condition, restriction, or reservation in this agreement is held by a court of competent jurisdictions to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
17.All of the provisions of this agreement shall extend to and be binding upon and inure to the benefit of the successors and assigns and successors in interest of the parties hereto.
18.This agreement may be amended, modified or terminated at any time by mutual consent in writing of the parties hereto.
19.Contact persons for the purposes of this Agreement shall be:
Superintendent City Manager
Lemoore Union High School District City of Lemoore
5 Powell Avenue 711 W. Cinnamon Drive
Lemoore, AC 93245 Lemoore, CA 93245
“In God We Trust”
IN WITNESS WHEREOF, the parties hereto set their hands this ____ day of ____________, 2024.
LEMOORE UNION HIGH SCHOOL DISTRICT CITY OF LEMOORE
_________________________ ____________________
Miguel Guerrero Marissa Trejo
Superintendent City Manager
“In God We Trust”
APPENDIX ‘A’
A. Lemoore Union High School District Facilities
(Winter: October 15 to May 1) Per hour
1. Graham Gym……………………………………………………………..$14
Summer/Air Conditioning…………………………………………….$30
Winter/Heat……………………………………………………………$18
Custodial Services may be required for off-peak hours
or weekend evenings…………………………………………………$20
2. Auditorium
Summer/Air Conditioning…………………………………………….$30
Winter/Heat……………………………………………………………$18
Custodial Services may be required for off-peak hours
or weekend evenings…………………………………………………$20
3. Swimming Pool
Summer……………………………………………………………….$9.50
Winter (when already heated by District)………………………….$12
4. Tennis Courts…………………………………….………………………$5
With Lights……………………………………………………………$25
5. Stadium…………………………………………………………………...$20
Including Track……………………………………………………….$30
With Lights……………………………………………………………$25
Custodial Services may be required for off-peak hours
or weekend evenings……………………………………………….$20
6. Athletic Fields
Varsity Softball……………………………………………………….$12
Junior Varsity Softball……………………………………………….$5
Freshman Baseball………………………………………………….$5
Junior Varsity Baseball……………………………………………...$5
Varsity Baseball……………………………………………………...$15
W/lights……………………………………………………………….$19
7. Classrooms
Summer/Air Conditioning……………………………………………$15
Winter/Heat…………………………………………………………..$14
“In God We Trust”
B. City of Lemoore Facilities
1. Civic Auditorium…………………………………………………………$24
W/kitchen…………………………………………………………………$30
Foyer (Lobby) Only………………………………………………………$18
Tables (Each)…………………………………………………………….$5
Chairs (Each)……………………………………………………………..$1
Custodial Services may be required for off peak hours
or weekend evenings……………………………………………………$15
2. Veterans Hall…………………………………………………………….$20
W/kitchen…………………………………………………………………$26
Tables (Each)…………………………………………………………….$5
Chairs (Each)……………………………………………………………..$1
Custodial Services may be required for off peak hours
or weekend evenings……………………………………………………$15
3. Athletic Fields
Kings Lions Complex (whole all day )…………………………….$400
Vieira Softball………………………………………………………..$9
Soccer (19th Avenue Park)…………………………………………$7
4. Recreation Center (whole all day)…………………………………….$500 Indoor Soccer Field……………………………………………………..$30
Day Camp Room………………………………………………………..$30
Dance Studio…………………………………………………………….$30
Kitchen……………………………………………………………………$30
Per Basketball Court…………………………………………………….$15
Spring Floor………………………………………………………………$15
Tables (Each)…………………………………………………………….$5
Chairs (Each)……………………………………………………………..$1
Custodial Services may be required for off peak hours
or weekend evenings……………………………………………………$15
5. Parks/Fields
Veteran’s Memorial Park (Gazebo & Large BBQ Area)……………….$20 Veteran’s Memorial Park (Entire Park)………………………………….$50
Heritage Park (Per Gazebo Section)…………………………………….$20
Heritage Park Softball Field……………………………………………….$10
Heritage Park Tennis Court………………………………………………..$10
Heritage Park Tennis Court with Lights…………………………………..$14 Heritage Park Basketball Court…………………………………………..$10
Heritage Park Basketball Court with Lights……………………………..$14 Heritage Park Disc Golf……………………………………………………$10
Heritage Park (Entire Park)………………………………………………..$50
Lemoore Lions Park Pavilion………………………………………………$30
“In God We Trust”
Lemoore Lions Park Softball Field…………………………………………$10
Lemoore Lions Park (Entire Park)………………………………………….$50
Lemoore Youth Sports Complex Softball Field…………………………….$20 Lemoore Youth Sports Complex Softball Field with Lights………………..$34 Lemoore Youth Sports Complex Soccer Field……………………………..$20 Lemoore Youth Sports Complex Soccer Field with Lights………………..$34 Lemoore Youth Sports Complex Concession Stand………………………$60 Lemoore Youth Sports Complex (Entire Complex)…….$100 (or $700 per day) Kings Lions Complex Softball Field………………………………………….$20
Kings Lions Complex Softball Field with Lights…………….…………..…..$34 Kings Lions Complex Soccer Field…………………………………………..$20
Kings Lions Complex Soccer Field with Lights………………...…………..$34 Kings Lions Complex Concession Stand……………………………………$60
Kings Lions Complex (Entire Complex)…………..……..$71 (or $500 per day)
6. Other
D Street Plaza Gazebo…………………………………………………………$5
Lemoore Arbor Park…………………………………………$10 or ($50 per day)
Please note, alcohol permit fees may apply in addition to those fees listed above, as well as maintain and provide evidence of liquor liability insurance coverage. “In God We Trust”
APPENDIX ‘B’
City Affiliated Groups
Police Activities League
Lemoore Police Officer’s Association
Lemoore Police Department Professional Services Bargaining Unit Lemoore Police Sergeants Unit
Lemoore General Association of Service Employment (GASE) Lemoore Recreation Foundation (to be established during term of Agreement) “In God We Trust”
District Affiliated Groups
2 Mile Club
Art Culture
ASB
Asian Student Alliance ASA
AVID
Band
Baseball
Basketball
Black Student Union
Car Club
Ceramic Club
Cheerleading
Chess Club
Choir Club
College Bound
Community Service Club
Cross Country
CSF
Culinary Club
Drama
Dungeons and Dragons
Esports
Fashion and Beauty
FCCLA (culinary arts)
FFA
Football
Genders and Sexualities Alliance
GSA
Golf
Key Club
Leaf and Life Science
Lemoore Business leaders (FBLA)
Library Club
LYNX Tournament of Champions
Military Teens Club
NJROTC
Outdoor Adventure Club
Podcast and Broadcast Club
Public Safety
Robotics
Scrubs SNA
Senior Class Club
Soccer
Spanish Club
Student to Student S2S
Swim and Dive
Teachers of Tomorrow
Tennis
Track
Visual Arts Club
Volleyball
Water Polo
Women’s Club
Wrestling
Yearbook
Quarter Back Club
Sober Grad
Boys Basketball
Baseball Boosters
Water Polo Boosters
Softball Boosters
Band Boosters
Corro Del Tigre Boosters
FFA Boosters
Boys Soccer Club Boosters
Girls Basketball Boosters
CTE Program Boosters
LUHSD Foundation for Excellence