ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, October 25, 2022
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.
The meeting will be webcast and accessed at: http://www.reedley.com/livestream.php *PLEASE SEE LAST PAGE OF AGENDA FOR ZOOM PARTICIPATION INSTRUCTIONS* Mary L. Fast, Mayor
Anita Betancourt, Mayor Pro Tern
Ray Soleno, Council Member
MEETING CALLED TO ORDER
INVOCATION- Horacio Aleman Sr, Cruising for Jesus
PLEDGE OF ALLEGIANCE
ROLL CALL
Suzanne Byers, Council Member
Matthew Tuttle, Council Member
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. INTRODUCTION OF NEW ROADS AND GROUNDS SUPERVISOR- Public Works
2. INTRODUCTION OF NEW POLICE EXPLORERS - Police Department PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of the Consent Agenda are deemed to include a motion to waive the full reading of any ordinance on the Consent Agenda. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 3-8) Motion 2nd
---- -----
3. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF OCTOBER 11, 2022 - (City Clerk)
Staff Recommendation: Approve
4. APPROVE TEMPLATE AGREEMENT FOR EXPANDED LEARNING PROGRAM DIRECT SERVICE VENDORS AND AUTHORIZE CITY MANAGER TO MAKE NONSUBSTANTIVE CHANGES IN ORDER TO CLARIFY TERMS-(Community Services) Staff Recommendation: Approve
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-005, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2022-01 AND AUTHORIZING THE AMENDMENT OF THE OFFICIAL
ZONING MAP OF THE CITY FOR REEDLEY TO REZONE A PARCEL LOCATED AT 1800 8TH STREET- (Community Development)
Staff Recommendation: Approve
6. ADOPT RESOLUTION NO. 2022-085 ACCEPTING THE RECOATING AND PAINTING OF
THE DOWNTOWN WATER TOWERS AND RELATED IMPROVEMENTS AND
AUTHORIZE THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE- (Public Works) Staff Recommendation: Approve
7. ADOPT RESOLUTION NO. 2022-086 OF INTENTION TO ANNEX THE FOLLOWING TERRITORY (ANNEXATION NO. 20): APN'S 365-082-36, 368-212-01, 370-070-95, 370- 091-05, 370-091-06, 370-100-09, 370-100-12, 370-100-13, 370-100-42, 370-100-72, 2 370-240-45, 370-240-50, 370-240-59 AND 370-240-66 INTO THE CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES AND FIXING THE TIME AND PLACE OF PUBLIC HEARING FOR DECEMBER 13, 2022 - (Administrative Services) Staff Recommendation: Approve
8. CONSIDER & APPROVE FULL-TIME EMPLOYEE BENEFIT RENEWALS FOR 2023 A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ALL RENEWAL DOCUMENTS AND PLAN CHANGES NECESSARY
FOR THE PROVISION OF DENTAL, MEDICAL, LIFE & VISION
COVERAGE FOR ELIGIBLE CITY EMPLOYEES, RETIREES, AND
DEPENDENTS FOR THE 2023 CALENDAR YEAR
B. ADOPT RESOLUTION NO. 2022-087 OF THE CITY COUNCIL OF
THE CITY OF REEDLEY AMENDING THE SALARY & BENEFIT
SCHEDULE FOR UNREPRESENTED EMPLOYEES REVISING THE
LIFE INSURANCE BENEFIT
- Administrative Services
Staff Recommendation: Approve
WORKSHOP
9. WORKSHOP BY FRESNO COUNTY STAFF REGARDING "HOME" INVESTMENT
PARTNERSHIP PROGRAM WITH AMERICAN RESCUE PLAN FUNDING (HOME ARP)
AND THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT HOME
INVESTMENT PARTNERSHIP PROGRAM (CDBG/HOME)
RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council. Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
10.RECEIVE, REVIEW AND FILE THE QUARTERLY INVESTMENT REPORT FOR 1sr QUARTER ENDING SEPTEMBER 30, 2022 FOR FISCAL YEAR 2022-23- Administrative Services
COUNCIL REPORTS
11. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
12. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS. 3 ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 20'" day of October 2022. ~ ~ iruthie Greenwood, City CJ rk
Zoom Participation:
The City Council is encouraging members of the public to observe and participate in the Council meeting virtually, to maximize the safety of all meeting participants. Reasonable efforts will be made to allow written and verbal comments from participants communicating with the host of the virtual meeting. To do so, participants may "raise their hand" during public comment portions of the meeting using the electronic feature on the zoom program, and the City Clerk will inform the Mayor of the participant's desire to provide public comment. Due to the new, untested format of these meetings, the City cannot guarantee that participants who wish to provide public comment will occur as expected.
The "chat" feature on Zoom will not be monitored or used during the meeting. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.
Dates to Remember:
November 8, 2022-Regular Council Meeting
November 22, 2022-Dark
December 13, 2022-Regular Council Meeting
December 27, 2022-Dark
4 REEDLEY CITY COUNCIL MEETING - October 11, 2022
A complete audio record of the minutes is available at www.reedley.ca.gov The Special Joint meeting of Reedley City Council and Reedley Planning Commission was called to order by Mayor Fast at 6:00 p.m. on Tuesday, October 11, 2022 in the Reedley Community Center-Senior Room 100 N. East Avenue Reedley, California.
ROLL CALL
Council Members
Present:
Absent:
Anita Betancourt, Suzanne Byers, Ray Soleno, Matthew Tuttle, Mary Fast None.
Planning Commissioners
Present:
Absent:
Rosemary Luzania, Pete Perez, Patrick Turner, Alberto Custodio Jayne Clark.
WORKSHOP
1. OVERVIEW OF ZONING CODE UPDATE
Community Development Director, Rodney Horton gave a presentation to Council and Planning Commission and discussed the Zoning Code Update and shared the progress.
2. PROGRESS OF MULTI-JURISDICTIONAL HOUSING ELEMENT
Community Development Director, Rodney Horton presented and reviewed the progress of the multi-jurisdictional housing element. Clancy Taylor the Technical Assistance Program Manager with California Coalition for Rural Housing gave a presentation and answered Council and Planning Commission's questions.
Mayor Fast asked if there was any public comment or questions on the item.
A Reedley resident came forward inquiring about the rules regarding accessory dwelling units in Reedley. City Planner, Ellen Moore explained the history of accessory dwelling units and answered his questions.
A second Reedley resident came forward and inquired about a future development that might come to Reedley. City Manager, Nicole Zieba explained that the State of California has taken away most of the local discretion. If a property is zoned for a certain thing, the City of Reedley no longer has the ability to say no to the developer. If the property is currently zoned for multi-family and a developer comes in, then the Planning Commission and City Council cannot deny the project.
ADJOURNMENT
Mayor Fast adjourned the special joint meeting at 6:58pm.
Mayor Mary Fast
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL MEETING - October 11, 2022
A complete audio record ofthe minutes is available at www.reedley.ca.gov The meeting of Reedley City Council was called to order by Mayor Fast at 7:06 p.m. on Tuesday, October 11, 2022 in the Reedley Community Center-Senior Room I 00 N. East A venue, Reedley, California.
INVOCATION - Paul Melikian, Assistant City Manager
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Soleno
ROLL CALL
Council Members
Present:
Absent:
Anita Betancourt, Suzanne Byers, Ray Soleno, Matthew Tuttle, Mary Fast None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Tuttle motioned, Council Member Betancourt seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
1. RECOGNITION TO REEDLEY LIONS CLUB FOR 100 YEARS OF SERVICE Mayor read a proclamation and thanked the Reedley Lions club for I 00 years of service to the community.
2. RED RIBBON PROCLAMATION The proclamation was presented by Recreation Supervisor, Madison Mitchell and Mayor Fast.
3. CITY OF REEDLEY LIFE SAVING AWARD PRESENTATION TO GEORGE JASSO City Manager, Nicole Zieba along with Mayor Fast presented Mr. Jasso with a City of Reedley lifesaving award after his heroic efforts.
PUBLIC COMMENT
Erik Valencia with the Reedley Chamber of Commerce shared the recent successes of the Reedley Fiesta and thanked Council and Staff for their support. Mr. Valencia also shared the new Discover Reedley book.
CONSENT AGENDA (Items 4-6)
Council Member Betancourt moved, Council Member Tuttle seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
4. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 27, 2022 - Approved
5. RATIFY THE AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE GIANTS COMMUNITY FUND ALLOWING THE CITY OF REEDLEY TO PROVIDE THE JR.
GIANTS BASEBALL PROGRAM FOR THE 2023 SEASON. -Approved
6. ADOPT RESOLUTION NO. 2022-084 GRANTING AUTHORITY TO THE CITY MANAGER OR HER DESIGNEE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE REEDLEY ALLEY PAVING 2020 PROJECT-Approved
PUBLIC HEARING
REEDLEY CITY COUNCIL MEETING - October 11, 2022
7. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2022-005, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2022-01 AND
AUTHORIZING THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF REEDLEY TO REZONE A PARCEL LOCATED AT 1800 8TH STREET
Community Development Director, Rodney Horton explained this item is to discuss and approve the rezone application and reclassify the property located at 1800 8th Street. The future redevelopment of the property is anticipated to be an expansion of the administrative offices for Kings Canyon Unified School District. The design of this future redevelopment shall be subject to site plan review process and further environmental analysis.
Public Hearing Opened: 7:38 p.m.
Public Hearing Closed: 7:38 p.m.
Council Member Betancourt moved, Council Member Soleno seconded to accept, and INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2022-005, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2022-01 AND AUTHORIZING THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF REEDLEY TO REZONE A PARCEL LOCATED AT 1800 8TH STREET
Motion unanimously carried.
WORKSHOP
8. DISCUSSION REGARDING PARKLETS
Community Development Director, Rodney Horton provided a brief history and overview of the parklets. Currently there are three parklets still in operation. Mainstreet Cafe, Sweet Destinations both have a parklet located on G Street and Willie's Cafe has a parklet located on Eleventh Street. Mr. Horton shared what other cities in California are doing with the parklets. The main concern is the parklets were supposed to be a temporary solution during the pandemic and due to the weather they are starting to show their age and will need to be repaired or removed soon. Staff got a quote to repair the parklet which would be about $10,000 to $15,000 depending on the size. At the conclusion of the presentation City Manager, Nicole Zieba said that staff would like Council direction regarding the parklets.
Carrie Gutierrez with Mainstreet Cafe, Noe Jimenez with Willie's Cafe and Yolanda from Sweet Destinations all spoke about how the parklets have helped their businesses and hope they can stay.
Council Member Tuttle asked if the parklets stay would the local business who are using them be willing to cover some of the cost to repair the parklets. Carrie said Mainstreet could not pay the entire amount up front but would be willing to discuss payments. Mr. Jimenez with Willies said he would have to check with his business partners but would probably be able to pay.
Eric with Sam's Shoe Store said while he understands how nice it is to enjoy outdoor dining on the parklets however parklets do not benefit all the business that are downtown. With the limited amount of parking that is available on G Street it would be nice to have the parking space available again.
Council Member Tuttle stated he empathizes with the business owners however if it cost $10,000-$15,000 to get the parklets repaired he felt the cost should not be paid solely by the city. Since the business are utilizing the parklets they should contribute to the repair costs. Council deliberated and ultimately asked staff bring the item back at a later meeting that way Council could discuss options on how to proceed.
COUNCIL REPORTS
9. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Tuttle
• Attended the Reedley Fiesta and thanked Reedley Chamber of Commerce for doing a great job • Discussed the Fresno County Supervisor meeting he attended 2 REEDLEY CITY COUNCIL MEETING - October 11, 2022
Mayor Fast
• Also thanked the Reedley Chamber of Commerce for a successful Fiesta event • Attended a Council of Governments meeting and provided a brief update • Discussed the employee luncheon she attended
STAFF REPORTS
10. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager. Nicole Zieba
• Discussed the upcoming October 25th City Council meeting Community Services Director. Sarah Reid
• Provided an update regarding restoring the murals
Public Works Director. Russ Robertson
• Discussed the progress of work being done on Rails to Trails Parkway • Provided a brief update regarding the water towers
• Shared information about the upcoming Fall Clean Up event Police Chief. Jose Garza
• Invited Council and Staff to attend the upcoming Marjaree Mason event.
ADJOURNMENT
Mayor Fast adjourned the regular meeting at 8:38 p.m.
Mayor Mary Fast
ATTEST:
Ruthie Greenwood, City Clerk
3 DATE:
TITLE:
SUBMITTED:
APPROVED:
October 25, 2022
REEDLEY CITY COUNCIL
[gJ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: t..\ ----
APPROVE TEMPLATE AGREEMENT FOR EXPANDED LEARNING
PROGRAM DIRECT SERVICE VENDORS AND AUTHORIZE CITY
MANAGER TO MAKE NON-SUBSTANTIVE CHANGES IN ORDER TO
CLARIFY TERMS
City Manager
Nicole R. Zieba ¥
RECOMMENDATION
Approve template agreement for Expanded Learning Program direct service vendors and authorize City Manager to make non-substantive changes in order to clarify terms.
EXECUTIVE SUMMARY
Fresno County Superintendent of Schools (FCSS) acts as the lead agency with the funding provided through the After School Education and Safety (ASES) Grant. This means the responsibility for grant compliance and purchasing audits falls under their supervision. With the addition of the Expanded Learning Opportunity Program (ELOP) funding, Kings Canyon Unified School District (KCUSD) has elected to be the lead agency but expects that the service providers, City of Reedley and Community Youth Ministries (CYM), have practices in place to justify and document all purchases. All three agencies continue to meet regularly to ensure the infrastructure is in place knowing in fiscal year 2023-24 the ELOP funding will be subject to audits. FCSS has been very gracious with sharing purchasing justification forms and contract language established to meet the audit requirements for the ASES funding. At this point the audit requirements for ELOP have not been released from the State but staff is hearing that the requirements will be similar to what is already in place for ASES and are using these as a guide.
ELOP funding is paying for direct service vendors who come on campus and provide experiences such as; boxing, painting classes, drone lessons, learning how to code for video games, green screen productions and other science, technology, engineering and mathematics (STEM) topics that staff are not trained to teach or the site does not have the equipment available.
1 The contract before the City Council is for these types of service providers and lists requirements related to insurance certificates, background checks, tuberculosis clearance for personnel who come on campus and the fee for the services. The direct service vendors are already accustom to these requirements and will now have individual contracts with each service provider.
FISCAL IMPACT
No fiscal impact
ATTACHMENT
City of Reedley Independent Contractor Services Agreement 2 To:
City of Reedley
COURTESY NOTICE
OF REQUIRED DOCUMENTS FOR CONTRACT
Date:
From:
Thank you for contracting with the City of Reedley (City). This is a courtesy notice to remind you that your contract with City requires that you provide al[ of the documents that are checked below before you may perlorm any services under the contract. If you have any questions regarding this courtesy notice or any of the required documents, please contact the above-listed City Contact Person.
x 1. Contract signed by a person authorized to sign on behalf of and to bind you in contract. x 2. Insurance (see contract for specific requirements and policy limits):
Written proof of insurance required (mark each required): Proof of insurance must show each insurance that is marked below
a. Certificate of Liability Insurance or other proof of insurance a. Commercial general liability x satisfactory to City b. Workers' compensation and
b. Additional insured endorsement naming City of Reedley and employer's liability their officers, employees, agents and volunteers as an c. Commercial automobile liability additional insured d. Professional liability
C. Additional insured endorsement naming Kings Canyon e. Others; Unifies School District and their officers, employees,
agents and volunteers as an additional insured
d. Others: Waiver of Subrogation Box checked
x 3. Fingerprinting Notice and Criminal Background Check Certification*. Please complete, sign, and submit. x 4. California Department of Justice (DOJ): Request for Authorization to Receive State Summary Criminal History Information - Contract Employee for Public/Private Schools (Pages 3 and 4 only). If you are currently authorized to receive State Summary Criminal History Information from the DOJ as a contractor working with California schools, you must submit to City a copy of pages 3 and 4 completed by you and signed by the DOJ or other written proof satisfactory to City. If you are not so authorized, you must complete and submit the required paperwork to DOJ (see City' Fingerprinting Notice and Criminal Background Check Certification and the DOJ website: http://ag.ca.gov/finqerprints/index.php) and then complete, sign, and submit pages 3 and 4 . x 5. Tuberculosis Clearance Certification*. Please complete, sign, and submit. x 6. W-9/W-8. Please complete and sign a W-9 if you are a U.S. entity or person or a W-8 (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding) if you are a foreign entity or person. The W-9 form must be obtained from the above City Contact Person . You may obtain a W-8 from the U.S. Internal Revenue Service website or the above City Contact Person.
7. California Form 587 - Nonresident Withholding Allocation Worksheet. You must complete and sign this form because we understand that you are a non-California resident who will be present in California to provide services under the contract. You may obtain this form from the California Franchise Tax Board website or the above City Contact Person .
x 8. California Form 590 - Withholding Exemption Certificate: You must complete and sign this form because we understand that you are either: (A) an individual and a California resident or (2) a corporation or other entity with a permanent place of business in or is qualified to do business in California.
9. Others (specify): ______________________________ _
e
PO# _____ _ I I CONTRACT# _____ _
City of Reedley
100 N. East Ave
PHONE: 559-637-4203
INDEPENDENT CONTRACTOR SERVICES AGREEMENT
This Independent Contractor Services Agreement is entered into by and between the City of Reedley ("Organization") and ("Contractor").
Contractor /Consultant Mailing Address
City State Zip Code
PROVIDE W-9
Taxpayer ID No. Contractor's License No. DIR Registration No.
SCOPE OF SERVICES
CONTRACTOR shall perform/provide the following services for the ORGANIZATION:
(For additional explanation of services, attach Exhibit A which then will be incorporated here in full by th is reference.)
TERM OF AGREEMENT
The term of this Agreement shall begin _____ and will terminate on or before ____ _
PAYMENT FOR SERVICES
Total compensation to CONTRACTOR for all services pursuant to this Agreement shall be subject to the proposal/quote/estimate attached as Exhibit B. Total compensation may be amended from time to time by CONTRACTOR submitting a successor proposal/quote/estimate and ORGANIZATION approving in writing the CONTRACTOR is (1) certifying under penalty of perjury that to the best of his or her knowledge, information, and belief, the services covered by the invoice has been completed in accordance with the Agreement; and (2) guaranteeing that all professional services rendered in the performance of this Agreement are in keeping with current generally accepted practices for an educational institution.
The CONTRACTOR shall not commence work under this Agreement until the required insurance, fingerprint clearance (if required}, and IRS W-9 Forms are approved and are on file with the ORGANIZATION.
The Agreement includes the General Terms and Conditions as printed below, and the CONTRACTOR, by executing this Agreement, agrees to comply with all such General Terms and Conditions .
GENERAL TERMS AND CONDITIONS
1. PROPOSALACCEPTANCE
Proposals are subject to acceptance by the signing of an agreement, issuance of an appropriate purchase order, and approval of the agreement by the ORGANIZATION'S Governing Board. The ORGANIZATION reserves the right to accept or reject any and all quotes.
2. EQUIPMENT AND LABOR
The CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services described in the Scope of Services. The services of CONTRACTOR are to be performed at such times and places as directed by and subject to the approval of the authorized ORGANIZATION representative. Should any part of the services to be furnished under this Agreement be subject to the payment of prevailing wages, then CONTRACTOR must be registered with the Department of Industrial Relations{"DIR"} and adhere to prevailing wage laws. Prevailing wage information can be found on the DIR website.
3. SUBCONTRACTORS
CONTRACTOR agrees not to employ subcontractors in connection with rendering services to the ORGANIZATION under this Agreement without prior written consent of the ORGANIZATION. When so permitted, subcontractors shall be treated as employees of CONTRACTOR for purposes of this Agreement. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and the ORGANIZATION.
4. SAFETY AND SECURITY
It shall be the responsibility of the CONTRACTOR to ascertain from the ORGANIZATION the rules and regulations pertaining to safety, security and driving on school grounds, particularly when children are present.
5. TERMINATION FOR CONVENIENCE
The ORGANIZATION reserves the right at any time to terminate for its convenience and without cause the Agreement and the services of CONTRACTOR upon 5 days' prior written notice. The ORGANIZATION may terminate this Agreement and CONTRACTOR'S services immediately upon written notice if CONTRACTOR is in material breach of this Agreement. Upon such termination, CONTRACTOR shall be entitled to payment for services satisfactorily rendered to the ORGANIZATION up to the date of termination.
6. AGREEMENT CHANGES
No changes or alterations to this Agreement shall be made without specific prior written approval by the ORGANIZATION.
7. EMPLOYEES
CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR'S employees and shall not employ any unfit person or anyone not skilled in work assigned to him or her in connection with this Agreement. Any person in the employ of the CONTRACTOR whom the ORGANIZATION may deem incompetent or unfit shall be dismissed from thereafter performing service to the ORGANIZATION under this Agreement.
8. ASSIGNMENT OF AGREEMENT
The CONTRACTOR shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations under this Agreement without the prior written consent of the ORGANIZATION, which the ORGANIZATION may delay, condition, or withhold in its sole discretion .
9. HOLD HARMLESS AGREEMENT
The CONTRACTOR shall save, defend, hold harmless and indemnify the ORGANIZATION from and against any and all losses, damages, liabilities, claims, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to CONTRACTOR'S, its employee's or agent's performance or failure to perform under the Agreement.
10.PERMITS AND LICENSES
The CONTRACTOR and all of CONTRACTOR'S employees, agents, and permitted subcontractors shall secure and maintain in force, at CONTRACTOR'S sole cost and expense, such licenses and permits as are required by law, in connection with the furnishing of services pursuant to this Agreement. Any vendor conducting business within the City of Reedley must obtain a City of Reedley business license.
11.CONTRACTOR NOT EMPLOYEE OF ORGANIZATION
While engaged in carrying out the terms and conditions of this Agreement, the CONTRACTOR is an independent CONTRACTOR, and not an officer, employee, agent, partner, or joint venturer of the ORGANIZATION.
12.INSURANCE
The CONTRACTOR shall not commence work under this Agreement until CONTRACTOR has obtained the insurance required under this paragraph, satisfactory proof of such insurance has been submitted to ORGANIZATION, and said insurance has been approved by the ORGANIZATION. The CONTRACTOR shall procure and shall maintain at its own expense the necessary insurance policies during the life of this Agreement. Except for worker's compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the ORGANIZATION'S prior written consent, and, the ORGANIZATION shall be named as an additional insured and be furnished thirty (30} days written notice prior to cancellation .
INSURANCE (if required):
Without limiting CONTRACTOR'S indemnification, it is agreed that CONTRACTOR shall secure and maintain in force during the term of this Agreement a Commercial General Liability policy (Contractual liability included) utilizing an occurrence policy form, with limits of not less than one million ($1,000,000} dollars per occurrence, two million ($2,000,000} annual aggregate limit. Business Automobile Liability Insurance shall be maintained for owned, scheduled, non-owned or hired automobiles with a combined single limit not less than one million ($1,000,000} dollars per occurrence. The ORGANIZATION shall be named as an additional insured on the liability policies by separate endorsement. A Certificate of Insurance and Endorsements shall be attached to the Agreement as proof of insurance. The Contractors policy shall provide that it is primary such that insurance maintained by the ORGANIZATION, if any, shall be excess and not co-primary. CONTRACTOR shall produce the policy for ORGANIZATION, upon request. CONTRACTOR shall also have valid Workers' Compensation Insurance with coverage limits in accordance with California law.
13.WORKER'S COMPENSATION INSURANCE
CONTRACTOR agrees to procure and maintain in full force and effect Worker's Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against ORGANIZATION by a bona fide employee of CONTRACTOR participating under this Agreement, then CONTRACTOR agrees to defend and hold harmless the ORGANIZATION from such claim.
14.FINGERPRINTING
As required under California Education Code Section 45125.1, individuals and companies must have employees fingerprinted if the service to be provided puts them in contact with students. The ORGANIZATION will determine if the Contractor or its employees are subject to this requirement. The CONTRACTOR will bear all costs associated with this fingerprinting requirement.
The ORGANIZATION shall not reimburse the CONTRACTOR for any Department of Justice rejections. No work under this Agreement shall begin until the Department of Justice has notified the ORGANIZATION of clearance of CONTRACTOR'S employees .
15.COMPLIANCE WITH LAWS
CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on services to be performed. If CONTRACTOR observes that any of the work required by this Agreement is at variance with any such laws, ordinances, rules or regulations, then CONTRACTOR shall notify the ORGANIZATION, in writing, and, at the sole option of the ORGANIZATION, any necessary changes to the scope of services shall be made and this Agreement shall be appropriately amended in writing, or this Agreement shall be terminated effective upon CONTRACTOR'S receipt of a written termination notice from the ORGANIZATION. If CONTRACTOR performs any work knowing it to be in violation of such laws, ordinances, rules or regulations, and without first notifying the ORGANIZATION of such violation, then CONTRACTOR shall bear all costs arising therefrom and ORGANIZATION shall have no obligation to pay or reimburse CONTRACTOR for such work.
16.GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
17.NO ORAL MODIFICATION
Any waiver, amendment, modification, consent or acquiescence with respect to this Agreement or any prov1s1on of this Agreement or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby.
18.WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the company or to an officer for the corporation for whom it was intended, or if delivered to or sent by registered or certified mail to the last business address known to the person who gives the notice.
19.COMPLIANCE WITH LAW
Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein . CONTRACTOR agrees that it shall comply with all legal requirements for the performance of its duties under this Agreement and that failure to do shall constitute material breach of the Agreement.
20.ENTIRE AGREEMENT
This Agreement is intended by the Parties as the final expression of their Agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or for a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.
21.EXHIBITS AND ATTACHMENTS
This Agreement may include Exhibits and Attachments, which are incorporated into this Agreement by reference . Unless clearly stated otherwise in an Exhibit or Attachment, the terms of the body of this Agreement prevail over any contrary terms shown in an Exhibit or Attachment.
This Agreement is entered into this ____ day of __________ ~------ City of Reedley Contractor
Signature of Authorized Agent Signature of Authorized Agent Print Name Print Name
Title Title
Board Approval Date: _______ _
Phone Number
FINGERPRINTING AND CRIMINAL BACKGROUND CHECK CERTIFICATION [Use with non-construction contract]
Contractor: ______ DOJ-issued ORI No.: ______ _
Because of the contract between the City of Reedley ("City") and Contractor ("Contract"), Education Code section 45125.1 requires Contractor to ensure that any Contractor employee who interacts with students, outside the immediate supervision and control of the student's parent or guardian or a school employee, has a valid criminal records summary as described in Education Code section 44237. Therefore, before the employee(s) of the Contractor may commence any services under the Contract, Contractor must complete, sign, and submit this Certification to City . Upon being submitted to City, this Certification shall become a part of the Contract and shall be effective throughout the term of the Contract and any period of extension or renewal thereof ("Contract Term") and as provided in this Certification. "Employee" includes Contractor's officers, employees, volunteers, and any other persons who Contractor employs or retains who interacts with students, outside of the immediate supervision and control of the student's parent or guardian or a school employee.
FINGERPRINTING AND CRIMINAL BACKGROUND CHECK. Before commencing any services under the Contract, Contractor shall complete the fingerprinting and criminal background check for each of Contractor's employees as required by Education Code section 45125.1 , and each of Contractor's employees shall have no conviction of and no pending criminal proceeding for any violent felony listed in Penal Code section 667.5(c) or any serious felony listed in Penal Code section 1192. 7( c) ( each referred to as "Felony") as initially ascertained by the California Department of Justice and the Federal Bureau of Investigation or in subsequent arrest notifications issued by either agency (Education Code sections 45125.1 and 44237).
At City' request, Contractor shall provide City with a list of the names of employees who interact with students as defined above and have complied with the fingerprinting and criminal background check.
Contractor certifies that neither Contractor nor any of Contractor's employees who interact with students have been convicted of a Felony. Additionally , Contractor shall provide any subsequent arrest and conviction information it receives to City upon receipt of such information.
During the Contract Term, Contractor shall immediately remove any employee who interacts with students where the employee has been convicted of or has a criminal proceeding pending for any Felony. Contractor shall defend , indemnify, and hold harmless City, the City governing board , and their officers, employees, volunteers, and agents against any claims, demands, lawsuits, causes of action, actions, cross-complaints, cross-actions, proceedings, bodily injuries, property damages, liabilities, losses, judgments, expenses, and costs, including attorney's fees and costs, resulting from, arising out of, or caused by Contractor's failure to comply with any term or condition of this Certification and/or applicable laws. These defense, indemnity, and hold harmless obligations shall survive termination of the Contract and are not limited to or by any insurance that Contractor maintains or the lack of insurance but apply to the full extent permitted by California laws.
The undersigned represents that he or she is authorized to execute on behalf of and to bind Contractor to this Certification and certifies under penalty of perjury under the laws of the State of California that the representations made in this Certification are true and correct and shall remain true and correct throughout the Contract Term. A copy or original of this Certification with Contractor's signature, whether original or transmitted by electronic means, is binding upon Contractor.
Signature: __________________ _ Date: ______________ _
Print Name: _________________ _ Title: ______________ _
EXHIBIT A
Contractor is solely responsible for complying with all applicable laws, and therefore, shall have knowledge of all applicable laws. The excerpts below from the California Education Code and Penal Code are provided to assist Contractor, and may not be relied upon by Contractor, to comply with applicable laws. Contractor may obtain information, instructions, and forms required for fingerprints and criminal background checks from the California Department of Justice's website: https;//oag.ca.goy/fingerprints/agencjes.
EDUCATION CODE§ 45125.1
(a) Any entity that has a contract with a local educational agency shall ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupil's parent or guardian or a school employee, has a valid criminal records summary as described in Section 44237. When the contracting entity performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency that it is contracting with pursuant to the subsequent arrest service.
(b) This section does not apply to an entity providing services to a local educational agency, as described in subdivision (a), in an emergency or exceptional situation , such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.
(d)
(e)
(1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h ) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has a pending criminal proceeding for a felony as defined in Section 45122 .1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or email to the employer. (2) The Department of Justice, at its discretion, may notify the local educational agencies in instances when the employee is defined as having a pending criminal proceeding described in Section 45122 .1 or has been convicted of a felony as defined in Section 45122.1. (3) The Department of Justice shall forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses that, if committed in California , would have been punishable as a violent or serious felony . The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation . The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122 .1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (1) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (2) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(3) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the employee has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the local educational agency in which the employee is a resident. (f) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall certify in writing to the local educational agency that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may interact with pupils have been convicted of a felony as defined in Section 45122.1.
PENAL CODE§ 667.5 -- ENHANCEMENT OF PRISON TERMS FOR NEW OFFENSES (c) For the purpose of this section , "violent felony" shall mean any of the following :
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461 , or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery .
(10) Arson , in violation of subdivision (a) or (b) of Section 451 . (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder.
(13) A violation of Section 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony , in violation of Section 220. (16) Continuous sexual abuse of a child , in violation of Section 288.5. (17) Carjacking , as defined in subdivision (a) of Section 215 . (18) Rape, spousal rape, or sexual penetration , in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186. 22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person , other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person .
PENAL CODE§ 1192.7 -- LIMITATION OF PLEA BARGAINING
(c) As used in this section, "serious felony" means any of the following : (1) Murder or voluntary manslaughter; (2) mayhem ; (3) rape; (4) sodomy by force , violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person ; (5) oral copulation by force , violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person ; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person , other than an accomplice, or any felony in which the defendant personally uses a firearm ; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a non inmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping ; (21) holding of a hostage by a person confined in a state prison ; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon ; (24) selling, furnishing , administering , giving, or offering to sell , furnish , administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code , or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force , violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person ; (26) grand theft involving a firearm ; (27) carjacking ; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon , firearm , machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2 , 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person , in violation of Section 264.1; (35) continuous sexual abuse of a child , in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats , in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision .
TUBERCULOSIS CERTIFICATION
Contractor: _______________ _
Pursuant to Education Code sections 49406, City of Reedley ("City") has determined that Contractor will be performing services that may include frequent or prolonged contact with pupils. Therefore, before Contractor, if an individual, and its employees may commence any services under the contract between City and Contractor ("Contract"), Contractor and such employees are required to have been examined and determined within four years of the effective date of the Contract to be free of active tuberculosis. The examination must consist of either an approved intradermal tuberculin test or other tests for tuberculosis infection that are recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration, which , if positive, must be followed by an x-ray of the lungs. A tine test is not acceptable. If an individual has previously tested positive for tuberculosis infection , no tuberculin skin test is required. Instead and unless specifically exempted by applicable laws, the individual must obtain an x-ray of the lungs conducted by a competent and qualified x- ray technician and interpreted by a licensed physician and surgeon.
Contractor must complete, sign, and submit this Certification to City before Contractor performs any services under the Contract. Upon being submitted to City , this Certification shall become a part of the Contract and shall be effective throughout the term of the Contract and any period of extension or renewal thereof ("Contract Term") and as provided in this Certification. At City' request, Contractor shall provide City with documentation showing that Contractor, if an individual, and each employee providing services under the Contract have complied with the requirements in this Certificate. The term "employee," as used in this Certificate, includes Contractor's officers, employees, volunteers, and any other persons who Contractor employs or retains to perform any services under the Contract.
During the Contract Term, if any employee providing services under the Contract is determined to have active tuberculosis, Contractor shall immediately remove the employee from performing services under the Contract that may include frequent or prolonged contact with pupils.
Contractor shall defend, indemnify, and hold harmless City and their officers, employees, volunteers, and agents against any claims, demands, lawsuits, causes of action , actions, cross-complaints, cross-actions, proceedings, bodily injuries, property damages, liabilities, losses, judgments, expenses, and costs, including attorney's fees and costs, resulting from, arising out of, or caused by Contractor's failure to comply with any term or condition of this Certification or applicable laws. These obligations shall survive the termination of this Agreement and are not limited to or by any insurance that Contractor maintains or the lack of insurance but apply to the full extent permitted by California laws.
The undersigned represents that he or she is authorized to execute on behalf of, and to commit and bind , Contractor to this Certification and certifies under penalty of perjury under the laws of the State of California that the representations made in this Certification are true and correct and shall remain true and correct throughout the Contract Term. A copy or original of this Certification with Contractor's signature, whether original or transmitted by electronic means, is binding upon Contractor.
Signature: __________________ _ Date: _____________ _
Print Name:
------------------ Title: _____________ _
City if Reedley
100 N. East Ave
Reedley, California 93654
Phone: (559) 635-4203
REQUEST FOR FEDERAL AND STATE TAX FORMS
All vendors and independent contractors doing business with City of Reedley must complete applicable federal and state tax forms to determine federal and state reporting status.
PLEASE COMPLETE AND RETURN THE ATTACHED FORMS. Failure to submit the requested information can delay or cause adjustments of payments.
IRS Form W-9- Federal Regulation 1604-1, states each vendor is required to provide payee with their tax identification number (TIN). All payments made to vendors who do not have a valid W-9 on file will be subject to Federal withholding of 28%. The withholding will be deducted from payments and sent to the IRS. We will not be able to refund any withholding already deducted from your payment (s). Withholdings are not a failure to pay you; it is an advance tax payment which you can take as a credit when you file your tax returns.
NOTE TO SOLE PROPRIETORS: On form W-9, please enter
your individual name as shown on your social security card on the "Name" line. You may enter your business, trade, or DBA name on the "Business Name" line.
CALIFORNIA FORM 590- This form is required to determine California residency . Payments made to California nonresidents, including corporations, limited liability companies, and partnerships that do not have a legal residence in California may be subject to a 7% state income tax withholding (California Revenue and Taxation Code 18662). In order to exempt your payments from state withholding we must receive your signed Form 590 prior to processing payment to you.
CALIFORNIA FORM 587- This form is required to determine Out-Of-State residency, and whether or not services performed by a company with in the state of California. If the business is a corporation, partnership, or limited liability company (LLC) that has a permanent place of business in California, or a license to do business in California, then DO NOT use Form 587, but instead use CA Form 590 so payments can be exempt from withholding. If a business is Out-Of-State and only supplying goods, there is no withholding required per the Form 587 instructions. In order to exempt your payments from state withholding (except in case of services above the threshold amount of $1,500.00) we must receive your signed Form 587 prior to processing payment to you.
Please complete the W-9 and ejther the CA form-590. or the CA-ssz for solely out-Of-State busjness, whether proyjdjng servjces or materials, Return both forms to ejther the person reauestjng them from you, or to the address below;
City of Reedley
100 N. East Ave
Reedley , California 93654
If you have any questions please contact the City of Reedley office (559) 635-4203 . Thank You.
Form W-9
(Rev . October 2018)
Department of the T easury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS. a Go to www.irs.gov/FormW9for instructions and the latest information. 1 Name (as shown on your income tax return) Name is required on this line; do not leave this line blank 2 Business nameidisregarded entity name, if different from above ~ 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the 4 Exemptions (codes apply only to certain entities, not individuals; see
instructions on page 3)
gi following seven boxes.
Q.
C
0 • IJJ (I) C a. 0 >,'zj
..... (.)
o 2
1: V)
·;:: .!: Q. (.)
.;:::
D Individual/sole proprietor or
single-member LLC
D C Corporation D S Corporation D Partnership D Trust/estate D L1m1ted liability com pany. Enter the tax classification (C=C corporation, S=S corporation , P=Partnership) a ___ _ Note: Check the appropriate box in the line above for the tax classification of the single-member owner Do not check LLC 1f the LLC 1s classified as a single-member LLC that 1s disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S federal tax purposes Otherwise, a single-member LLC th at 1s disregarded from the owner should check the appropriate box for the tax classification of its owner -~ D Other (see instructions) a
Exempt payee code (if any) ___ _
Exemption from FATCA reporting
code (if any)
'Applies lo accounts mamiamed outside ihe US j
o.t---------------------------------------.--------~------------- (1) 5 Address (number, street, and apt. or suite no.) See instructions Req uester's name and address (optional) Q)
Q)
(f)f--------------------------------------1 6 City, state, and ZIP code 7 List account number(s) here (optional)
-•r-,- =-• Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup w1thhold1ng. For 1nd1v1duals, this Is generally your social security number (SSN). However, for a resident alien , sole proprietor, or disregarded entity , see the instructions for Part I, later. For other entities , it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
j Social security number
ITIJ -[I] -I I I I I
or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. \ Employer 1dent1f1cat1on number
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding , or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends , or (c) the IRS has notified me that I am no longer subject to backup withholding ; and
3. I am a U S citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions , item 2 does not apply . For mortgage interest paid, acquisition or abandonment of secured property , cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification , but you must provide your correct TIN . See the instructions for Part II , later.
Sign
Here Signature of
U.S.person a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted .
Future developments . For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs gov/FormW9
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you , or other amount reportable on an information return . Examples of information returns include, but are not limited to, the following. • Form 1099-INT (i nterest earned or paid)
Cat No. 10231X
Date a
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes , awards , or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S person (i ncluding a resident alien), to provide your correct TIN .
If you do not return Form W-9 to the requester 1Nith a TIN, you might be subject to backup withholc/ing. See What is backup withholding , later
Form W-9 (Rev 10-20'18)
Form \/\J-9 (Rev. 10-2018)
By signing the filled-out form , you :
l Certify that the TIN you are giving is correct (or you are wa iting for a number to be issued),
2. Certify that you are not subject to backup withholding , or
3. Claim exemption from backup withholding if you are a U.S exempt payee If applicable, you are also certifying that as a U S. person , your allocable share of any partnership income from a U S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4 Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting , is correct. See What is FA TCA reporting, later, for further information.
Note: If you are a U S person and a requester gives you a form other than Form W-9 to request your TIN , you must use the requester's form if it is substantially similar to this Form W-9.
Definition of a U.S. person . For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a US. citizen or U.S resident alien; • A partnership, corporation , company , or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301 .7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business . Further, in certain cases where a Form W-9 has not been received , the rules under section 1446 require a partnership to presume that a partner is a foreign person , and pay the section 1446 withholding tax. Therefore , if you are a U.S person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U S status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U S owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S grantor or other US. owner, generally , the U.S grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U S. trust (other than a grantor trust), the U.S trust (other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U S branch of a foreign bank that has elected to be treated as a U.S person , do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Genera lly , only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a 'saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U S. resident alien for tax purposes .
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country . Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien .
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that conta ins the saving clause and its exceptions .
4. The type and amount of income that qualifies for the exemption from tax.
5 Sufficient facts to justify the exemption from tax under the terms of the treaty article .
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U S. law, th is student will become a res ident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding ." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions , and certain payments from fishing boat operators . Real estate transactions are not subject to backup withholding .
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN , make the proper certifications, and report all your taxable interest and dividends on your tax return .
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN ,
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding .
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons . Certain payees are exempt from FATCA reporting . See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information .
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person . For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation , or if you no longer are tax exempt. In addition , you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding , you are subject to a $500 penalty.
Fo1·m V\/-9 (Rev. 1 0-201 8)
Criminal penalty for fal sifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties .
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return .
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FF!)), list first, and th en circle , the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FF! to document a joint account, each holder of the account that is a U S person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return . If you have changed your last name without informing the Social Security Administration (SSA) of the name change , enter your first name, the last name as shown on your social security card , and your new last name.
Note: !TIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application
b. Sole proprietor or single-member LLC. Enter your individ ual name as shown on your 1040/1040A/1040EZ on line 1. You may enter you r business , trade , or "doing business as" (OBA) name on li ne 2. c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business , trade , or OBA name on line 2.
d. Other entities. Enter your name as shown on required U S federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity . You may enter any business , trade , or OBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes , an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity ." See Regulations section 301. 7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U S. federal tax purposes has a single owner that is a U S. person , the U.S owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity , enter the first owner th at is not disrega rded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person , the owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name , OBA name, or disregarded entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. fed eral tax class ification of the person whose name is entered on line 1. Check only one box on line 3.
IF the entity/person on line 1 is THEN check the box for . . . a(n) . . .
• Corporation Corporation
• Individual Individual/sole proprietor or single-
• Sole proprietorship, or member LLC
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for US
federal tax purposes.
• LLC treated as a partnership for Limited liability company and enter U S fede ral tax purposes , the appropriate tax classification • LLC that has filed Form 8832 or (P= Partnership; C= C corporation ; 2553 to be taxed as a corporation , or S= S corpo ration) or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U S. federal tax
purposes .
• Partnersh ip Partnership
• Trust/estate Tru st/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting , enter in the appropriate space on line 4 any code(s) that may apply to you .
Exempt payee code.
• Generally , ind ividuals (including sole proprietors) are not exempt from backup withholding .
• Except as provided below, corporations are exempt from backup withholding for certain payments , including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup with hold ing with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations th at provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding . Enter the appropriate code in the space in line 4. 1-An organization exempt from tax under section 501 (a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the req uirements of section 401 (f)(2)
2-The United States or any of its agencies or instrumentalities 3- A state, the District of Columbia, a US commonwealth or possession , or any of their political subdivisions or instrumentalities 4-A foreign government or any of its political subdivisions, agencies , or instrumentalities
5-A corporation
6-A dealer in securities or commodities required to register in the United States , the District of Columbia , or a U S commonwealth or possession
7-A futures commiss ion merchant registered with the Commodity Futures Trading Commission
8-A rea l estate investment trust
9-An entity registered at all times during the tax year under the Investment Company Act of 1940
10- A common trust fund operated by a bank under section 584(a) 11 - A financial institution
12-A midd leman known in the investment community as a nominee or custodian
13-A trust exempt from tax under section 664 or described in section 4947
Form W-9 (Rev. 10-20 18)
The following chart shows types of payments th at may be exempt from backup withholding . The chart applies to the exempt payees listed above , 1 through 13.
IF the payment is for . ..
Interest and dividend payments
Broker transactions
Barter exchange transactions and
patronage dividends
Payments over $600 required to be
reported and direct sales over
$5,0001
Payments made in settlement of
payment card or third party network
transactions
THEN the payment is exempt
for .. .
All exempt payees except
for 7
Exempt payees 1 through 4 and 6
through 11 and all C corporations
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012 .
Exempt payees 1 through 4
Generally, exempt payees
1 through 52
Exempt payees 1 through 4
·i See Form 1099-MISC , Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding : medical and health care payments, attorneys' fees , gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial in stitution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code.
A-An organization exempt from tax under section 501 (a) or any individual retirement plan as defined in section 7701 (a)(37) B-The United States or any of its agencies or instrumentalities C-A state, the District of Columbia, a U.S. commonwealth or possession , or any of their political subdivisions or instrumentalities D-A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1 (c)(1)(i)
E-A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1 (c)(1 )(i) F-A dealer in securities , commodities , or derivative financial instruments (including notional principal contracts , futures , forwards , and options) that is registered as such under the laws of the United States or any state
G-A real estate investment trust
H-A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I-A common trust fund as defined in section 584(a) JA bank as defined in section 581 K-A broker
L-A trust exempt from tax under section 664 or described in section 4947(a)( 1)
M-A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting thi s form to determine whether the FATCA code and/or exempt payee code should be completed
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this add ress differs from the one the requester already has on file , write NEW at the top If a new address is provided , there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state , and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN , your TIN is your IRS individual taxpayer identification number (!TIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN , you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN , if the owner has one). Do not enter the disregarded entity's EIN . If the LLC is classified as a corporation or partnership, enter the entity's EIN.
Note: See What Name ancl Number To Give the Requester, later, for further clarification of name and TIN combinations .
How to get a TIN. If you do not have a TIN , apply for one immediately .
To apply for an SSN , get Form SS-5, Application for a Social Security Card , from your local SSA office or get this form online at www.SSAgov. You may also get this form by calling 1-800-772-1213.
Use Form W-7 , Application for IRS Individual Taxpayer Identification Number, to apply for an !TIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download , or print Form W7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN , sign and date the form , and give it to the requester For interest and dividend payments , and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments . The 60-day rule does not apply to other types of payments .
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon .
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U S. person, or resident alien , sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity , the person identified on line 1 must sign . Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
Form W-9 (Rev 10-2018)
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.
You must give your correct TIN , but you do not have to sign the certification .
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withhold ing will apply . If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form .
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification un less you have been notified that you have previously given an incorrect TIN . 'Other payments" include payments made in the course of the req uester's trade or business for rents, royalties, goods (other tha n bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services , payments made in settlement of payment card and third party network transactions , payments to certain fishing boat crew members and fishermen , and gross proceeds pa id to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN , but you do not have to sign the certification .
What Name and Number To Give the Requester
For this type of account:
1. Individual
2. Two or more individuals Uoint
account) other than an account
maintained by an FFI
Give name and SSN of:
The individual
The actual owner of the account or, if
combined funds, the first individual on
the account1
3. Two or more U.S persons Each holder of the account
Uoint account maintained by an FFI)
4. Custodial account of a minor
(Uniform Gift to Minors Act)
5. a. The usual revocable savings trust
(g1·antor is also trustee)
b. So-called trust account th at Is not
a legal or valid trust under state law
6. Sole proprietorship or disregarded
entity owned by an individual
7 Grantor trust fil ing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1 671-4(b)(2)(i)
(A))
For this type of account:
8. Disregarded entity not owned by an
individual
9. A valid trust, estate, or pension trust
The minor2
The grantor-trustee1
The actual owner1
The owneI·3
The grantor~
Give name and EIN of:
The owner
Legal entity4
10. Corporation or LLC electing The corporation
corporate status on Form 8832 or
Form 2553
11 . Association , club , religious , The organIzat1on
charitable, educational , or other taxexempt organization
12. Partnership or multi-member LLC
·13 A broker or registered nominee
The partnership
The broker or nominee
For this type of account:
14 Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
'15 . Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Fil ing Method 2 (see
Reg ulations section 1.671-4(b)(2)(i)(B))
Give name and EIN of:
The public entity
The trust
1 List first and circle the name of the person whose number you furnish If only one person on a joint account has an SSN , that person's number must be furnished .
2 Circle the minor's name and furnish the minor's SSN . 3 You must show your individual name and you may also enter your business or OBA name on the 'Business name/disregarded entity" name line. You may use either you r SSN or EIN (if you have one), but the IRS encourages you to use your SSN .
4 List first and circle the name of the trust, estate, or pension trust (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title .) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust Note: If no name is circled when more than one name is listed , the number will be considered to be that of the first name listed .
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN , or other identifying information , without your permission , to commit fraud or other crimes . An identity thief may use your SSN to get a job or may file a tax return using your SSN to rece ive a refund .
To reduce you r risk:
• Protect your SSN ,
• Ensure your employer is protecting your SSN , and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If you r tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Pub . 5027 , Identity Theft Information for Taxpayers.
Victims of identity theft who are experiencing economic harm or a systemic problem or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tol l-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059 .
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of ema il and websites designed to mimic legitimate business emails and websites . The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that wi ll be used for identity theft.
Form W-9 (Rev. 10-2 018)
The IRS does not initiate contacts with taxpayers via emails . Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card , bank, or other financial accounts .
If you receive an unsolicited email claiming to be from the IRS, _ forward this message to [email protected] You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www ldentityTheft.gov and Pub. 5027.
Visit www. irs.govl ldentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federa l agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you ; mortgage interest you paid; the acquisition or abandonment of secured property ; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information .
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities , states , the District of Columbia , and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty , to fede ral and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism You must provide your TIN whether or not you are required to file a tax return . Under section 3406, payers must generally withhold a percentage of taxable interest, dividend , and certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent information .
TAXABLE YEAR • CALIFORNIA FORM
2022 Withholding Exemption Certificate 590
The payee completes this form and submits it to the withholding agent. The withholding agent keeps this form with their records.
Withholding Agent Information
Name
Payee Information
Name ID SSN oc ITIN D FEIN D CA Cocp oo. D CA SOS file oo Address (apt./ste., room , PO box, or PMB no.)
City (If you have a foreign address, see instructions.) I State ZIP code Exemption Reason
Check only one box.
By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding requirements on payment(s) made to the entity or individual. • Individuals - Certification of Residency:
I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. • Corporations:
The corporation has a permanent place of business in California at the address shown above or is qualified through the California Secretary of State (SOS) to do business in California. The corporation will file a California tax return . If this corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. • Partnerships or Limited Liability Companies (LLCs):
The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return . If the partnership or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability partnership (LLP) is treated like any other partnership. • Tax-Exempt Entities:
The entity is exempt from tax under California Revenue and Taxation Code (R&TC) Section 23701 ___ (insert letter) or Internal Revenue Code Section 501 (c) ___ (insert number). If this entity ceases to be exempt from tax, I will promptly notify the withholding agent. Individuals cannot be tax-exempt entities. • Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified Pension/Profit-Sharing Plans:
The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan. • California Trusts:
At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time , I will promptly notify the withholding agent.
• Estates - Certification of Residency of Deceased Person:
I am the executor of the above-named person's estate or trust. The decedent was a California resident at the time of death.
The estate will file a California fiduciary tax return . · • Nonmilitary Spouse of a Military Servicemember:
I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA) requirements. See instructions for General Information E, MSRRA.
CERTIFICATE OF PAYEE: Payee must complete and sign below.
Our privacy notice can be found in annual tax booklets or online. Go to fib.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection . To request this notice by mail , call 800.338.0505 and enter form code 948 when instructed.
Under penalties of perjury, I declare that I have examined the information on this form , including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. I further declare under penalties of perjury that if the facts upon which this form are based change, I will promptly notify the withholding agent.
Type or print payee's name and title ______________________ __ Telephone ________ _ Payee's signature • _____ ____________________ _____ Date __________ _ • 7061 22 3 Form 590 2021 •
TAXABLE YEAR Nonresident Withholding
Allocation Worksheet • CALIFORNIA FORM
2022 587
The payee completes this form and returns it to the withholding agent. The withholding agent keeps this form with their records.
Part I Withholding Agent Information
Withholding agent's name
Address (apUste , room, PO box, or PMB no)
City (If you have a foreign address, see instructions.) State ZIP code Part II Nonresident Payee Information
Payee's name D SSN or ITIN J FEIN O CA Corp no. 0 CA SOS file no Address (apt/ste., room , PO box, or PMB no.)
City (If you have a foreign address, see instructions ) State ZIP code Nonresident payee's entity type : (Check one)
- Individual/sole proprietor - Corporation - Partnership - Limited liability company (LLC) - Estate or trust Part Ill Payment Type
Nonresident payee (Check on e)
• Performs services totally outside California (n o withholding requ ired , skip to Certification of Nonresident Payee)
• Provides goods and services in California (see Part IV, Income Allocation) • Provides services with in and outside California (see Part IV, Income Allocation) • Provides only goods or materials (no withholding required , skip to Certification of NonresidentPayee)
• Other (Describe) ________________ _
If the nonresident payee performs all the services within California, withhold ing is required on the entire paymentforserv ices unless the payee is granted a withholding waiver from the Franchise Tax Boa rd (FTB). For more information , get FTB Pub . 1017, Resident and Nonresident Withholding Guidel ines .
Part IV Income Allocation
Gross payments expected from the withholding agent d1 iring the ca lendar year for:
(a) Within California
1 Goods and services :
Goods/materials (no withholding required ) .
Services (withholding required ) . . .... .. . . . ············------------ 2 Rents or lease payments . . ...... ............ .. .. . 3 Roya lty payments ..... .. .... .. ............ .
4 Prizes and otherwinnings ... ...... ....... .. . .
5 Other payments .. ........ .... .. ..... .. .... .... .... .. . 6 Total payments subject to withholding .
Add column (a), line 1 through line 5
Nonresident withholding threshold amount: .
Backup withholding threshold amount: .
Certification of Nonresident Payee
$1 500.00
$0.00
(b) Outside California (c) Total payments
Our privacy notice can be found in ann ual tax booklets or on line. Go to ftb .ca .gov/privacy to lea rn about our privacy policy statement, orgo to ftb .ca .gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection . To request this notice by mail, call 800.338 0505 and enter form code 948 when instructed .
Underpenaltiesof perjury, I decla re that I have examined the information on this form , including accompanying schedules and statements, and to th e best of my kn owledge and belief, it is true, correct, and complete. I further declare under penalties of perjury that 1f the facts upon which th is form are based change, I will promptly notify the withholding agent.
Print or type payee's name Telephone
Sign Payee's signature Date
Here X
Print or type representative's name and title Telephone Authorized representative's signature Date
X
• 7 0 41223 Form 587 2021 •
DATE:
TITLE:
October 25, 2022
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ---
SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-005, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY
APPROVING REZONE APPLICATION NO. 2022-01 AND AUTHORIZING THE
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF REEDLEY TO REZONE A PARCEL LOCATED AT 1800 8TH STREET
SUBMITTED: Rodney L. Horton fW
Community Devel't)pment Director
APPROVED: Nicole Zieba VJ ,
City Manager ,(
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Approve the second reading and adopt Ordinance No. 2022-005, an Ordinance of the City Council of the City of Reedley approving Rezone Application No. 2022-01 and authorizing the amendment of the Official Zoning Map of the City of Reedley
EXECUTIVE SUMMARY
Ordinance No. 2022-005 (Rezone Application No. 2022-01) pertains to the reclassification of .344±. acre parcel located at 1800 8TH Street (APN 368-010-84) from the ML (Light lndustria0 zone district to the CS (Commercial Service) zone district designation. The purpose of the proposed zone reclassification is to have the subject parcel be consistent with the parcel's 2030 General Plan Public/Institutional Facility Planned Land Use Designation.
On October 11, 2022, the introduction of Ordinance No. 2022-005 was presented to the City Council and a public hearing was opened. There was no comment from the public heard on the item. After the public hearing was closed, the City Council unanimously voted in favor of introduction and first reading of the proposed ordinance.
PROJECT DESCRIPTION/BACKGROUND
The subject property (APN 368-010-84) is identified in the Reedley General Plan Update 2030 with a Public/Institutional Facility Planned Land Use. The current underlying zone district designation is ML (Light lndustria~ zone district. As required by State Planning Law and Reedley General Plan Polices, a project can only be approved if there is consistency between the planned land use and zone district designation. The applicant proposed CS (Commercial Service) zone district is consistent with the Table 2-4 Planned Land Use and Zone District Consistency Matrix (GPU, Page 30).
The future redevelopment of the property is anticipated to be an expansion of the existing administrative office for the Kings Canyon Unified School District, which would be more accurately classified under the CS (Commercial Service) zone district designation compared to its existing industrial zone district designation. The parcel located to the south of the subject property is also owned by Kings Canyon Unified School District and has an existing CS (Commercial Service) zone district designation. The design of the future redevelopment of the site shall be subject to the Site Plan Review process.
Moreover there are also specific Land Use Element goals and policies, which when applied, would further indicate the appropriateness of the request. In this case, these goals and policies further support the zone district reclassification, as well as, the potential future approval of the Site Plan Review Application.
PLANNING COMMISSION REVIEW AND ACTION
On September 15, 2022, the Planning Commission unanimously recommended approval of Rezone Application No. 2022-01 (Ordinance No. 2022-01 ).
FISCAL IMPACT
The project applicant has paid all applicable entitlement application fees.
ATTACHMENTS
1. Ordinance No. 2022-005, an Ordinance of the City Council of the City of Reedley Approving Rezone Application No. 2022-01 , and authorizing the amendment of the official zoning map of the City of Reedley
ORDINANCE NO. 2022-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2022-01 AND AUTHORIZING THE
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF REEDLEY WHEREAS, Rezone Application No. 2022-01 pertains to the change of zoning of a .344 gross acre parcel from the ML (Light Industrial) zone district to the CS (Commercial Service) zone district designation; and
WHEREAS, the subject parcel (APN 368-010-84) is located at 1800 8TH Street, and is owned by and under the control of the Kings Canyon Unified School District; and WHEREAS, the Reedley General Plan Update 2030 designates the subject property with a Public/Institutional Facility Planned Land Use Designation; and WHEREAS, Rezone Application No. 2022-01 is consistent with the overall guiding land use principles described in the General Plan Update 2030, Land Use Element, and specific Land Use Element goals and policies, which when applied, further support the zone district reclassification; and WHEREAS, the proposed zoning designation identified in Rezone Application No. 2022-01, CS (Commercial Service), is consistent with the GPU Planned Land Use and Zoning District Consistency Matrix; and
WHEREAS, Rezone Application No. 2022-01 is consistent with the Reedley Municipal Code, Title 10, Zoning Regulations, Chapter 3 (Zoning District and Map) and Chapter 22 (Amendments); and WHEREAS, On February 25, 2014, the City Council certified the Final Environmental Impact Report (SCH No. 2010031106), which was prepared for the proposed General Plan 2030 Update (GPA No. 2012-02) pursuant to the California Environmental Quality Act; and WHEREAS, The City as the lead agency, has determined that Rezone Application No. 2022- 01, would have no effects that were not examined in the program EIR and that no new effects could occur or no new mitigation measures would be required as a result of the implementation of Rezone Application No. 2022-01 pursuant to Section 15162 and Sections 15168( c)(2).
WHEREAS, the City of Reedley Planning Commission, at the regular meeting on September 15, 2022, held a public hearing, received a written staff report, invited public comment, independently deliberated, and recommended that the City Council of the City of Reedley approve Rezone Application No. 2022-01 by adopting Ordinance No. 2022-005; and
WHEREAS, the City Council of the City of Reedley, at the regular meeting on September 15, 2022, held a public hearing, received a written staff report, invited public comment, and independently deliberated.
NOW, THEREFORE, the City Council of the City of Reedley does hereby ordain as follows:
Section 1. The above recitals are true and correct; and Section 2. The City Council of the City of Reedley FINDS that no new environmental document is required for this project, pursuant to Section 15162 and Section 15168( c)(2) of the CEQA Guidelines; and
Ordinance 2022-005
Section 3. The City Council FINDS that Rezone Application No. 2022-01 is consistent with the Reedley General Plan Update 2030; and
Section 4. The City Council FINDS that Rezone Application No. 2022-01 is consistent with the Reedley Municipal Code, Title 10, Zoning Regulations, Chapter 3 (Zoning District and Map) and Chapter 22 (Amendments); and
Section 5. The City Council hereby APPROVES Rezone Application No. 2022-01 and incorporates the changes reflected therein into the zoning law and map of the City of Reedley, as reflected on Exhibit A; and
Section 6. The City Council hereby APPROVES the amendment to the Official Zoning Map and ADOPTS said updated map as the City's Official Zoning Map; and Section 7. The City Clerk is hereby directed to cause a summary of this ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again within fifteen (15) days after its adoption.
Section 8. This Ordinance does not need to be codified because there is no text in the Municipal Code that needs to be revised; and
Section 9. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption, as certified by the City Clerk.
ATTEST:
I hereby certify that the foregoing Ordinance No. 2022-005 was introduced and given first reading by title only at a regular meeting of the City Council of the City of Reedley held on October 11, 2022 and was thereafter duly adopted at a regular meeting of said City Council held on October 25, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
City of Reedley
Attachment:
Mary L. Fast, Mayor
City of Reedley
Exhibit A: Map of affected parcel related to Rezone Application No. 2022-01 Ordinance 2022-005
Project Information
APN: 368-010-84
City of Reedley
Ordinance No. 2022-005
Rezone Application No. 2022-1
Exhibit A
ADDRESS: 1800 8TH Street, Reedley, CA
Existing General Plan Planned Land Use Designation: Public/Institutional Facility Location Map
LIU
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Proposed Zoning Designation:
CS Commercial Service
0 55 110 220 Feet
Legend
!lllllllle . =tllllllii Subject Property
Zoning Designations
CC (Central & Community Commercial)
- CN (Neighborhood Commercial)
- CS (Commercial Service)
- ML (Light Industrial)
- RCO (Resource Conservation & Open Space)
DATE:
TITLE:
SUBMITTED:
REVIEWED:
APPROVED:
REEDLEY CITY COUNCIL
October 25, 2022
~ Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: (o ----
ADOPT RESOLUTION NO. 2022-085 ACCEPTING THE RECOATING AND
PAINTING OF THE DOWNTOWN WATER TOWERS AND RELATED
IMPROVEMENTS AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO
FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO
RECORDER'S OFFICE.
Heather Kredit, Senior Management Analyst ~
Russ Robertson, Public Works DirectorJ/;f'
Nicole Zieba, City Manager&?=
RECOMMENDATION
Adopt Resolution No. 2022-085 accepting the Recoating and Painting Project for the Downtown Water Towers per the project awarded by City Council Resolution 2022-029 and authorize the Public Works Director to file a notice of completion with the County of Fresno Recorders Office.
EXECUTIVE SUMMARY
In July 2021, a thorough inspection of the downtown water towers was performed. The result was that the exterior painting was found to be in critical condition and in need of exterior recoating in order to preserve the towers. In August of 2021 Council approved an allocation of $250,000 to paint the two towers. After the exterior paint test results showed lead content in the paint, the state determined the original sandblasting method wouldn't be allowed thus resulting in increased cost to remove the old paint by hand. Staff received one proposal of $541,286. Due to the intensified scope of work council approved an increased budget amount in total of $595,414 of American Rescue Plan Act (ARPA) grant funds.
On April 12, 2022, the City Council awarded the project to WM. B. Saleh Co. The project took almost two months for the contractor to complete. It was during that process that six (6) small holes were discovered on the surface of the roofs. The holes were patched which were well within the budgeted contingency amount.
Overall the project came well within the budgeted amount and all of the requirements of the contract were completed on October 7, 2022 to the satisfaction of the City of Reedley.
FISCAL IMPACT
There is no fiscal impact to the filing of the Notice of Completion with the County of Fresno Recorder's Office.
ATTACHMENTS
1. Resolution 2022-085
2. Notice of Completion
RESOLUTION NO. 2022-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ACCEPTING THE RECOATING AND PAINTING OF THE DOWNTOWN WATER
TOWERS AND RELATED IMPROVEMENTS AND AUTHORIZE THE PUBLIC
WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDERS OFFICE.
WHEREAS, the Recoating I Painting of the Downtown Water Towers project has been completed per the plans and specifications; and
WHEREAS, there are no outstanding matters with the contractor regarding construction items; and
WHEREAS, on October, 25 2022 the City held a public meeting at the City of Reedley Council Chamber, at 845 G Street and received a staff report and accepted public comments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgement hereby resolves as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Council using their independent judgement, hereby accepts the subject improvements.
3. The City Council hereby accepts the subject project for maintenance in accordance with the provisions of the contract and applicable ordinances and policies.
4. The City Council approves the Notice of Completion for the Recoating I Painting project for the Downtown Water Towers and related improvements, and hereby authorizes the Public Works Director to transmit the attached Notice of Completion to the Fresno County Recorder's Office.
5. This resolution is effective upon adoption.
This foregoing resolution is hereby approved the 25th day of October, 2022, in the City of Reedley, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RECORDING REQUESTED BY:
AND FOR THE BENEFIT OF,
Public Works Department
City of Reedley
No Fee-Gov/t. Code Sections
6103 and 27383
WHEN RECORDED, MAIL TO:
City of Reedley
Public Works Department
1733 9th Street
Reedley, CA 93654
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within IO days after completion.
Notice is hereby given that:
I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Reedley
3. The full address of the owner is 1733 Ninth Street Reedley CA. 93654
4. The nature of the interest or estate of the owner is: In fee. (IF OTHER THAN FEE, STRIKE "IN FEE" AND INSERT, FOR EXAMPLE', " PURCHASER UNDER CONTRACT OF PURCHASE, OR " LESSEE")
5. A work of improvement on the property hereinafter described was completed on October 7, 2025 . The work done was: Recoating of downtown municipal water towers.
6. The name of the contractor, if any, for such work of improvement was ~W~m~. =B~. =S=al=e~h~C~o~--~---------~A=p~r~il~l=8~2=0~2=2 (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT " NONE") (DA TE OF CONTRACT)
7. The property on which said work of improvement was completed is in the City of REEEDLEY County of FRESNO, State of CALFORNIA, and is described as follows: Downtown Water Towers located at I 0th and H St. in Reedley Ca ..
8. The street address of said property is as I isted above.
9. Resolution 2022-085
Dated:__________ By: _____________________ _ SIGNATURE OF OWNER OR CORPORATE OF OWNE(R NAMED IN PARAGRAPH 2 OR HIS AGENT)
VERIFICATION
1, the undersigned, say: I am the Public Works D1rector of the Citv of Reedlev the declarant of the foregoing notice of completion; ( "PRESIDENT OF', "MANAGER OF", "PARTNER OF", OWNER OF'', ETC) I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on _____________ __ , 2022 , at ---~R=E~E=D~L=E~Y~---------- CA cc1Tv) (STATE)
(PERSONAL SIGNATURE OF THE INDI VIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) Z:\PW Dept\FORMS\Notice ofCompletion.wpd
DATE:
TITLE:
October 25, 2022
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
~
ADOPT RESOLUTION NO. 2022-086 OF INTENTION TO ANNEX THE FOLLOWING TERRITORY (ANNEXATION NO. 20): APN'S 365-082-36, 368-212-01, 370-070-95, 370-091-05, 370-091-06, 370-100-09, 370-100-12, 370-100-13, 370-100-42, 370-100- 72, 370-240-45, 370-240-50, 370-240-59 AND 370-240-66 INTO THE CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES AND FIXING THE TIME AND PLACE OF PUBLIC HEARING FOR DECEMBER 13, 2022
SUBMITTED: , Paul A. Melikian, Assistant City Manager
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
That the City Council adopt Resolution No. 2022-086, a resolution of intention to annex territory ("Annexation No. 20") stating the City Council's intention to annex the following properties: APN'S 365- 082-36, 368-212-01, 370-070-95, 370-091-05, 370-091-06, 370-100-09, 370-100-12, 370-100-13, 370- 100-42, 370-100-72, 370-240-45, 370-240-50, 370-240-59 and 370-240-66 into the City's Community Facilities District No. 2005-1 (Public Services) ("CFO") and setting the date of the public hearing for December 13, 2022.
EXECUTIVE SUMMARY
A condition to annex into the CFO was imposed on new developments being processed by the City in November of 2005, when the District was established. Since that time, all properties must petition to be annexed to the existing CFO when development is proposed. The approval of the resolution of intention is required to begin the process of annexation provided by the conditions of approval of the above listed development projects.
BACKGROUND
On November 8, 2005, the City Council adopted Resolution 2005-122, which established the City of Reedley's Community Facility District No. 2005-01 (Public Services). All developments processed after that date are required to annex to the CFO as a condition of development. The CFO was established to fund police, fire and parks maintenance services based on the increased need resulting from new development.
To initiate the process for annexation of a territory or territories to a CFO, the Council must approve a Resolution of Intention ("ROI") to annex territory to the CFO. The ROI included with this report includes various actions necessary for the annexation to the CFO. The Rate and Method of Apportionment ("RMA") referred to in the ROI is as adopted by the Council with the Resolution of Formation 2005-122 and Ordinance 2005-09. Previous property annexations have been completed every year since formation of the CFO.
The areas to be annexed are shown on the attached map, which will be submitted by the City Clerk to the Fresno County Recorder's office within 15 days of adoption of the Resolution of Intention.
ENVIRONMENTAL REVIEW
Since the proposed action will not result in a change to the physical environment, the project is not subject to the California Environmental Quality Act (CEQA).
FISCAL IMPACT
The costs to process this annexation will be funded by the Community Facility District. Costs include newspaper notices, mailings and staff time.
ATTACHMENTS
1. Resolution 2022-086; Resolution of Intention Annex Territory
2. Annexation No. 20 Map
3. Petition and Written Consents
RESOLUTION NO. 2022-086
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY DECLARING ITS INTENTION TO ANNEX TERRITORY (ANNEXATION NO. 20) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ESTABLISHING A DATE
FOR THE PUBLIC HEARING, AND AUTHORIZING THE LEVY OF SPECIAL TAXES
THEREIN
WHEREAS, the City Council ("Council") of the City of Reedley, California, ("City") has conducted proceedings to establish Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311 , of the California Government Code; and WHEREAS, under the Act, this Council, as the legislative body for the CFO, is empowered with the authority to annex territory to the CFO, and now desires to undertake proceedings to annex territory to the CFO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REEDLEY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFO.
Section 2. The name of the existing CFO is "Community Facilities District No. 2005-1 (Public Services)".
Section 3. The territory included in the existing CFO is as shown on the map thereof filed in Book 41 of Maps of Assessment and Community Facilities Districts at Page 58 in the office of the County Recorder, County of Fresno, State of California, to which map reference is hereby made, as well as maps for Annexations 2 through 5 filed in Book 42 of Maps of Assessment and Community Facilities Districts at Pages 1, 34, 38, 96 and the maps for Annexations 6 through 8 filed in Book 43 of Maps of Assessment and Community Facilities Districts at Pages 40, 58, 86 which have been filed with the Fresno County Recorder's Office. The territory also includes maps for Annexations 9 through 13 filed in Book 44 of Maps of Assessment and Community Facilities Districts at Pages 7, 56, 84, 97 and Annexation 14 through 16 filed in Book 45 of Maps of Assessment and Community Facilities Districts at Pages 21 , 57, 91 as well as Annexations 17 through 19 filed in Book 46 of Maps of Assessment and Community Facilities Districts at Pages 1, 23 and 59 which have been filed with the Fresno County Recorder's Office.
The territory now proposed to be annexed to the CFO is as shown on the Annexation Map No. 20 to the CFO, on file with the City Clerk, a copy of which is attached hereto as Exhibit "A" and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Annexation Map No. 20 to the CFO, showing the territory to be annexed, in the Office of the County Recorder of the County of Fresno within fifteen days of the date of adoption of this resolution.
Section 4. The types of public services financed by the CFO and pursuant to the Act consist of those services (the "Services") described in Exhibit A to Resolution No. 2005-109 adopted by the Council on the 27th day of September 2005 (the "Resolution of Intention"). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFO and the territory proposed to be annexed to the CFO.
Section 5. Except to the extent that funds are otherwise available to the CFO to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFO, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFO, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFO to estimate the maximum amount such owner will have to pay, is described in Exhibit "B", which is hereby incorporated by this reference.
Section 6. Notice is given that on Tuesday, December 13, 2022 at 7:00 p.m., in the regular meeting place of this Council, being the Reedley City Council Chambers, located at 845 "G" Street, Reedley, California, the Council, as legislative body for the CFO, will conduct a public hearing on the annexation of territory to the CFO and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFO and the levy of said special tax therein .
Section 7. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFO. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing. The notice shall be substantially in the form attached hereto as Exhibit "C".
Section 8. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED , this October 25th , 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
-1-
EXHIBIT A
City of Reedley Community Facilities District No. 2005-1 (Public Services)
Boundary Map-Annexation No. 20
-2-
...
NORTH SCALE NTS
~ Proposed Annexation Area
LJ Current Boundary
E SOUTH AVE
ffi l I
ANNEXATION MAP NO. 20
COMMUNITY FACILITIES DISTRICT NO. 2005-1
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{PUBLIC SERVICES)
CITY OF REEDLEY
COUNTY OF FRESNO
STATE OF CALIFORNIA
SHEET 1 OF 1
[=i Future Annexation Area (City Limits)
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Reference is hereby made to that certain map entitled "Proposed Boundary Map of the Community Facilities District No. 2005-1 (Public Services), City of Reedley, County of Fresno, State of California" filed the 12th day of October, 2005, at the hour of 4:00 o'clock p.m. in Book 41 of Maps of Assessment and Community Facilities District at page 58, (document no. 024171900) in the office of the County Recorder of the County of Fresno, State of California, which this Annexation Map affects.
ASSESSOR'S PARCEL
NUMBER
365-082-36
368-212-01
370-070-95
370-091-05
370-091-06
370-100-09
370-100-12
370-100-13
370-100-42
370-1 00-72
370-240-45
370-240-50
370-240-59
370-240-66
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Financial Services
27368 Via tndustria #200
Temecula, CA 92590
(951 )587-3500
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Fresno County Assessor's Parcel Number of the land to be included in the Community Facilities District No. 2005-1 Annexation Map No. 20:
365-082-36, 368-212-01 , 370-070-95, 370-091-05, 370-091-06, 370-100-09, 370-100-12, 370-100-13, 370-100-42, 370-100-72, 370-240-45, 370-240-50, 370-240-59, and 370-240-66
Filed in the office of the City Clerk of the City of Reedley this _th day of ___ -' 2022.
By: ::-----,--::------:-........,....,.--:---,
Ruthie Greenwood, City Clerk
I hereby certify that the within map showing proposed boundaries of Annexation No. 20 to the City of Reedley Community Facilities District No. 2005-1 (Public Services), County of Fresno, State of California, was approved by the City Council of the City of Reedley, at a meeting thereof, held on the _th day of ____ 2022, by its Resolution No. ___ _
By: ________ _
Ruthie Greenwood, City Clerk
Filed this_ day of ____ , 2022, at the hour of __
o'clock_.m., in the Book_ Page_ of Maps of Assessment and Community Facilities Districts and as Instrument No. ____ _ in the office of the County Recorder in the County of Fresno, State of California.
Note:
Paul Dictos By: Deputy County Recorder
County Recorder
County of Fresno
State of California
This diagram is only for the purpose of indicating the lots being assessed the assigned assessment numbers for said lots and the relationship to the surrounding streets.
For a detailed description of the lines and dimension of the lots, reference is made to the Fresno County Assessor's Maps for the fiscal year 20202-2023. For the information on the streets and other appurtenant lines and dimensions within the subdivided area reference is made to the filed tract maps.
Exempt from SB2 fees Gov/t Code Sections 27388.1 (a)(2)(D)
EXHIBIT B
City of Reedley Community Facilities District No. 2005-1 (Public Services)
Rate and Method of Apportionment of Special Tax
-3-
EXHIBITB
CITY OF REEDLEY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY /FIRE PROTECTION SERVICES & PARK MAINTENANCE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A special tax shall be levied annually on each Parcel of land within the City of Reedley Community Facilities District No. 2oqs-1 (Public Services) (the "District"), and collected according to the Special Tax Liability determined by the City Council of the City of Reedley (the "City") or its designee through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below.
It is intended that all special taxes applicable to parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to th~ same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. Notwithstanding the foregoing, the City Council may direct the collection of the special taxes by direct billing of the affected property owners; it determines to do so by resolution of the City Council.
Categories of Special Taxes
Category I
Category I includes each Developed Parcel within the District for which a building permit has been issued prior to July 1 of the current Fiscal Year.
The Maximum Special Tax that may be levied annually on Taxable Property in Category I beginning with the Fiscal starting July 1, 2006 is as set forth in Table 1 below. Said Maximum Special Tax shall increase each Fiscal Year thereafter by an inflation factor which is the Annual All Urban Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose area.
TABLEl
Maximum Special Tax Fiscal Year 2006-07
Category I
Special Tax Per Dwelling Unit/ Acre
Development Type Special Tax Rate
Single Family Residential (per dwelling unit) $740.00
Multi-Family Residential (per dwelling unit) $550.00
Non-Residential (per gross building square foot) $0.20
B-1
Affordable Housing (per dwelling unit) $370.00
Infill Non-Residential (per building square foot) $0.10 Category II
Category II includes each Parcel within the District that are not included in Category I.
The Maximum Special Tax that may be levied annually on Taxable Property in Category II beginning with the Fiscal Year starting July 1, 2006 as set forth in Table 2 below per Net Developable Acre (said amount to be levied pro-rata for any portion of an acre). Said special tax shall increase each Fiscal Year thereafter by an inflation factor which is the Annual All Urban Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose area.
Exempt Category
TABLE2
Maximum Special Tax Fiscal Year 2006-07
Categorv II
Special Tax Per Net Developable Acre
$600.00 per acre
Each parcel owned by a public agency, right-of-way parcels, pipelines, common areas, private streets and parks, and open space lots not eligible for development shall be .exempt from the levy of Special Tax.
Assignment to Categories and Levy of Annual Taxes
On or about July 1 of each year, but in any event in sufficient time to include the levy of the special taxes on the County's secured tax roll, the City Council or its designee shall determine the Tax Category for each Parcel within the District. Parcels subject to levy shall be determined based upon the records of the City building department and/ or the Fresno County Assessor.
The City Council or its designee shall then determine the estimated Special Tax Liability for the Fiscal Year commencing such July 1 and the amount of special taxes to be levied on each Parcel as follows:
Step 1: Classify all Parcels that are Taxable Property in the District.
Step 2: Determine the maximum revenue which could be generated by Parcels classified as Category I by multiplying the total number of Dwelling Units for Developed Parcels classified as 0
Single Family ·Residential11 by the Maximum Special Tax per Dwellrng Unit for Parcels assigned to the Single Family Residential Category; and adding to that B-2
maximum revenue which could be generated by multiplying the total number of Dwelling Units for Developed Parcels classified as "Multi-Family Residential" by the Maximum Special Tax per Dwelling Unit for Parcels assigned to the Multi-Family Residential Category; and adding to that maximum revenue which could be generated by multiplying the total number of Dwelling Units for Developed Parcels classified as "Affordable Housing" by the Maximum Special Tax per Dwelling Unit for Parcels assigned to the Affordable Housing Category; and adding to that the maximum revenue which could be generated by multiplying the total net developable acreage for Developed Parcels classified as "Non-Residential" by the Maximum Special Tax per gross building square foot for Parcels assigned to the Non-Residential Category; and adding to that the maximum revenue which could be generated by multiplying the total net developable acreage for Developed Parcels classified as "Infill NonResidential" by the Maximum Special Tax per gross building square foot for Parcels assigned to the Infill Non-Residential Category.
Step 3: ff the total revenue as calculated in Step 2 is greater than the Estimated Special Tax Liability for the Fiscal Year, reduce the Special Tax for each Parcel proportionately so that the special tax levy for the Fiscal Year is equal to the estimated Special Tax Liability for the Fiscal Year.
Step 4: ff the total revenue as calculated in Step 2 is less than the estimated Special Tax Liability for the applicable Fiscal Year, including the funding of a reserve fund for the District equal to 100% of the estimated annual costs, a Special Tax shall be levied upon each Parcel classified as Category IL The annual Category II special tax shall be calculated as the lessor of:
(i) The estimated Special Tax Liability, less the total of funds generated for all Parcels under Step 2 above, divided by the total Net Develop able Acreage for all Parcels assigned to Category II
or
(ii) the aggregate Maximum Special Tax Rate for all Parcels assigned to Category II Not withstanding the foregoing, in no event shall the aggregate Special Tax levied upon all Parcels for any given year be greater than the estimated Special Tax Liability, including a reserve fund equal to 100% of the estimated annual costs for the District, as determined by the City Council or its designee.
B-3
DEFINITIONS
Administrative Expenses means any or all of the following: the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of attorneys, any fees of the County related to the District or the collection of special taxes, an allocable share of the salaries of City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City ir;t undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.
Affordable Housing means a dwelling unit that has been obligated by covenant to affordable housing for 25 or more years. If the covenant is released the property will be reclassified according! y.
City means the City of Reedley.
County means the County of Fresno.
Developed Parcel means Taxable Property for which a foundation building permit or other form of building permit has been issued as of July 1 of the current Fiscal Year.
District means the City of Reedley Community Facilities District No. 2005-1 (Public Services).
Dwelling Unit means one single family home whether detached or attached and for multi-family structures means each unit designated for one-family occupancy.
Final Map means a recorded tract map or parcel map.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Gross Acre or Gross Acreage is the acreage as shown on the County Assessor's parcel maps or if not shown on the Assessor's parcel maps the land area shown on the applicable recorded final map or other recorded documents.
Gross Building Square Foot or Gross Building Square Footage is the building square footage as shown on the building permit or other recorded documents on file with the City and/or County.
Infill Non-Residential developing or redeveloping parcels located within the City limits as of July 1, 2005 and classified as a non-residential use.
Maximum Special Tax means the maximum special tax that can be levied within the District by the City Council in any Fiscal Year for each parcel of real property subject to the B-4
special tax, as determined by reference to the provisions of this rate and method of apportionment of special truces.
Multi-Family Dwelling Unit (i.e. apartment unit) means a dwelling unit in a multifamily development.
Net Developable Acre or Net Developable Acreage means the acreage as shown on a recorded fil;lal map for a parcel, or as otherwise determined by the City by reference to other applicable documents.
Non-Residential means a building designated for a use other than residential.
Parcel means any Fresno County Assessor's Parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County.
Public Parcel means any parcel owned by a public entity.
Reserve Fund means a reserve operating fund maintained to provide necessary cash flow for operations for the first six months of each Fiscal Year and a reasonable buffer, as determined by the City, against large variations in annual special tax amounts.
Single Family Dwelling Unit means a dwelling unit in a single family detached or single family attached building including a single family home, individual condominium, or town home.
Special Tax means the special tax or special taxes authorized to be levied within the District.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of the District for each Fiscal Year, to include: (i) estimated costs of providing eligible services, and (ii) funding of the Reserve Fund.
Taxable Property is all real property within the boundaries of the District which is not exempt from the Special Tax pursuant to the law, except that the following property shall not be taxed: any acres of land owned, conveyed or irrevocably offered for dedication to a public agency, or land which is a public right of way or which is an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement, or other property described under the heading "Exempt Category" above.
A special tax shall be levied annually on each Parcel of land within the City of Reedley Community Facilities District No. 2005-1 (Public Services) (the "District"), and collected according to the Special Tax Liability determined by the City Council of the City of Reedley (the "City") or its designee through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below.
B-5
EXHIBIT C
NOTICE OF PUBLIC HEARING
City of Reedley
Community Facilities District No. 2005-1
(Public Services)
Annexation No. 20
Notice is hereby given by the City of Reedley (the "City") with respect to its Community Facilities District No. 2005-1 (Public Services) (the "CFO"), that on October 25, 2022 the City Council of the City, as the legislative body for the CFO, adopted a resolution entitled "Resolution Of The City Council Of The City Of Reedley Declaring Its Intention To Annex Territory (Annexation No. 20) To Community Facilities District No. 2005-1 (Public Services), Establishing A Date For The Public Hearing, And Authorizing The Levy Of Special Taxes Therein" (the "Resolution of Intention"). Reference is hereby made to the Resolution of Intention, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the Resolution of Intention.
Pursuant to the Resolution of Intention, the City Council determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing CFO, all as provided in the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq., California Government Code) (the "Act"). The Resolution of Intention provides that the special taxes heretofore caused to be levied in the CFO shall be levied in the territory proposed to be annexed, subject to public hearing and landowner election proceedings as specified in the Act.
Notice is further given that Tuesday, December 13, 2022, at the hour of 7:00 o'clock p.m., in the regular meeting place of the City Council, City of Reedley, 845 "G" Street, Reedley, California, are the time and place when and where the City Council of the City, as the legislative body for the CFO, will conduct a public hearing on the annexation of the territory described in the Resolution of Intention to the CFO and finally consider and determine whether the public convenience and necessity require the annexation of said territory to the CFO and the levy of special taxes therein .
Notice is further given that at the hearing the testimony of all interested persons for and against the annexation of said territory to the CFO or the levying of special taxes within the territory proposed to be annexed will be heard. Accommodations in accordance with the Americans with Disability Act can be made by contacting the City Clerk.
Dated as of --- - ---- - -
By:------------
Ruthie Greenwood
City Clerk, City of Reedley
-4-
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner (or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1. The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this t 't day of S-<1
a·+-~~b-e,.,... , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
365-082-36
and the property contains a total of
approximately 0 .4 70 acres
Name of owner of Record
Immanuel Schools
By: tfJ.._
Immanuel Schools
c/o Ryan Wood, Supt.
1128 South Reed Avenue
Reedley, CA 93654
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
Proposed Boundary
The map below shows APN(s) 365-082-36 to be annexed into Community Facilities District No. 2005-1 (Public Services).
J,,"
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c:::
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vi Curcis Ave
September 8, 2022
Maurice G. & Cindy June Donaldson Trs
1508 11th Street
Reedley, CA 93654
W wtLLDAN
RE: Petition and Waiver Form and Map for City of Reedley Annexation No. 20 into Community Facilities District No. 2005-1 (Public Services),
Dear Mr. and Mrs. Donaldson,
Enclosed is the petition and waiver form with the proposed boundary map for your development located on Assessor's Parcel Number 368-212-01. This document is for Annexation No. 20 into Community Facilities Di _ strict No. 2005-1 (Public Services) (the "CFO") of the City of Reedley. The enclosed petition form relates to the parcel as shown on the proposed annexation boundary map.
Please note that the address that the ballot will be sent to is:
Maurice G. & Cindy June Donaldson Trs
1508 11th Street
Reedley, CA 93654
If it needs to be sent to a different address, please note it on the second page of the enclosed petition form.
The form should be signed by both of the property owners and returned to the City in the envelope provided for your convenience.
If you have any questions, please call me at (951) 972-8106.
Respectfully submitted,
WILLDAN FINANCIAL SERVICES
Chonney Gano
Project Manager
Enclosures
951.587.3500 I 800.755.6864 I fax: 951.587.351 0 I 27368 Via lndustria, Suite 200, Temecula, California 92590-4856 ! www.willdan.com
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1 733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner ( or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the 1
'CFD'') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1, The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2 .. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this 121j day of ~-k,nber , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
368-212-01
and the property contains a total of
approximately 0.430 acres
Name of owner of Record
Maurice G and Cindy June Donaldson Trs
B
~
· / n //
Jlf) ~
Its: . 0...am¢YL.,
Maurice G and Cindy June
Donaldson Trs
1508 11th Street
Reedley, CA 93654
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
Proposed Boundary
The map below shows APN(s) 368-212-01 to be annexed into Community Facilities· District No. 2005--1 (Public Seivices).
Reedley Branch Library
Saint Anthony
~ of Padua South
Cl BricJn Huh, DMD
Methodist
Fellowship Church
September 7, 2022
Epic Rentals, LLC
c/o Nassri Jaber
521 Finley Dr.
Taft, CA 93268
RE: Petition and Waiver Form and Map for City of Reedley Annexation No. 20 into Community Facilities District No. 2005-1 (Public Se,vices)
Dear Nassri,
Enclosed is the petition and waiver form with the proposed boundary map for your development located on Assessor's Parcel Number 370-070-95. This document is for Annexation No. 20 into Community Facilities District No. 2005-1 (Public Services) (the "CFD") of the City of Reedley. The enclosed petition form relates to the parcel as shown on the proposed annexation boundary map.
Please note that the address that the ballot will be sent to is:
Epic Rentals, LLC
c/o Nassri Jaber
521 Finley Dr.
Taft, CA 93268
If it needs to be sent to a different address, please note it on the second page of the enclosed petition form.
The form should be signed by the property owner and returned to the City in the envelope provided for your convenience.
If you have any questions, please call me at (951) 972-8106.
Respectfully submitted,
WILLDAN FINANCIAL SERVICES
Channey Gano
Project Manager
Enclosures
951 .587.3500 I 800.755.6864 j fax: 95 1.5 87.3510 I 27368 Via lndustria, Suite 200, Temecula, California 925 90-4856 I www.willdan.com
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersig·ned is the owner ( or duly authorized representative thereof) of all of ·the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1. The property identified below be annexed to the CFD, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFD and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFD and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this ~ day of _s_ef _-_r ___ , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
370-070-95
and the property contains a total of
approximately 2.210 acres
Name of owner of Record
Epic Rentals, LLC
Epic Rentals, LLC
c/o Nassri Jaber
521 Finley Dr.
Taft, CA 93268
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
~ 5c:::it IY\1 v ~<'J\JC\l AuE-
Proposed Boundary
The map below shows APN(s) 370-070-95 to be annexed into Community Facilities District No. 2005-1 (Public Services).
~EC. 35, T.15S., R.23E., M.D.B.&M. Tax Rate Area
8-029
@1
11.44Ac.
PARCEL2
{11,µ1
'.84.1
6.32Ac.
6 (." ' · \@
28.55Ac.
1081,GS'
PARCEL A (28~)
8-032
8..078
804- 10•27B-o i;,g, '.lf MU (Tj,-S ~- ✓ 1.48Ac.
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804· ,a- .5 ~ ~
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804-10.27/3-4
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(SJ2: PARCEL 2 ', ,:7 (12.~)
13.21Ac.
I
I
370-0
1"=4G
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner (or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1. The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this _9t_h _ day of September , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
370-091-05
370-091-06
and the property contains a total of
approximately 1 .133 acres
Name of owner of Record
1857 East Main Street, LLC
By:
Its: President/ Managing Member
1857 East Main Street, LLC
c/o Sunny Ghai
25 E. Airway Blvd
Livermore, CA 94551
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
Proposed Boundary
The map below shows APN(s) 370-091-05 and 370-091-06 to be annexed into Community Facilities District No. 2005-1 (Public Services). )nvent z
m
0.,)
en
.....
~ CD
Manning Ave
E Linden Ave
. E Myrtle Ave
E Pa1m-Ave
N. East Ave
_Manning Ave
,___,...'Wl!!lll!"'.., z -, :' (I) First Southern
: · : ~ · Baptist Church
$.
)>
<
(t) ' A Fami!y:M T Spec1alty
~ <(
ct,
Reedley
Apostolic Church
1S
'E
':::S
0 u
e:,'- E MY'rtl e Ave
,~
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September 21, 2022
Pena Disposal Inc
c/o Arthur Pena
12094 Ave 408
Cutler CA, 93615
W w1LLDAN
RE: Petition and Waiver Form and Map for City of Reedley Annexation No. 20 into Community Facilities District No. 2005-1 (Public Services)
Dear Mr. Pena,
Enclosed is the petition and waiver form with the proposed boundary map for your development located on Assessor's Parcel Number 370-100-09 and 370-100-42.
This document is for Annexation No. 20 into Community Facilities District No. 2005-1 (Public Services) (the "CFO") of the City of Reedley. The enclosed petition form relates to the parcel as shown on the proposed annexation boundary map.
Please note that the address that the ballot will be sent to is:
Pena Disposal Inc
c/o Arthur Pena
12094 Ave 408
Cutler CA, 93615
If it needs to be sent to a different address, please note it on the second page of the enclosed petition form.
The form should be signed by the property owner and returned to the City in the envelope provided for your convenience.
If you have any questions, please call me at (951) 972-8106.
Respectfully submitted,
WILLDAN FINANCIAL SERVICES
(YMMAii ~ ·
Channey Gano
Project Manager
Enclosures
951.587 .3500 I 800.755.6864 I fax: 951 .587.351 0 I 27368 Via lndustria, Suite 200, Temecula, California 92590-4856 I www.willdan.com
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner (or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows :
1. The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this dL day of ,:;;e; ?1?;·;;4~r:--?:, 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
370-100-09
370-100-42
and the property contains a total of
approximately 1.138 acres
Name of owner of Record
Pena Disposal Inc
Pena Disposal Inc
c/o Arthur Pena
12094 Ave 408
Cutler CA, 93615
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner ( or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1. The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to · levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the . election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this ~day of ¥fe~ , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
370-100-12
370-100-13
370-100-72
and the property contains a total of
approximately 0.931 acres
Name of owner of Record
NS Manning LLC
By:~Mu~
Its:]/~
NS Manning LLC
c/o Sukhwinder Singh
3721 Elberta Circle
Dinuba, CA 93618
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
Proposed Boundary
The map below shows APN(s) 370-100-12, 370-100-13, and 370-100-72 to be annexed into Community Facilities District No. 2005-1 (Public Services). z
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PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner (or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1. The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this __ day of ______ , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
370-240-45
370-240-50
370-240-59
and the property contains a total of
approximately 2.213 acres
Name of owner of Record
Jaber Auto Group Inc
By:
Its:
Jaber Auto Group Inc
c/o AJ Jaber
1646 G. Street
Reedley, CA 93654
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
Proposed Boundary
The map below shows APN(s) 370-240-45, 370-240-50, and 370-240-59 to be annexed into Community Facilities District No. 2005-1 (Public Services).
E Cherry Ln
Ave €. Dinuba ~"e E Dinuba Ave
PETITION AND WAIVER
REGARDING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO A
COMMUNITY FACILITIES DISTRICT
To the Honorable City Council
City of Reedley
1 733 9th Street
Reedley, CA 93654
Re: Community Facilities District No. 2005-1 (Public Services) Annexation No. 20
Members of the City Council:
The undersigned is the owner (or duly authorized representative thereof) of all of the real property identified below and hereby requests that the City of Reedley (the "City") institute proceedings to annex territory, including the property identified below, to the City's Community Facilities District No. 2005-1 (Public Services) (the "CFO") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311, et seq., California Government Code) (the "Act"), and hereby respectfully petitions and shows as follows:
1. The property identified below be annexed to the CFO, that a map of the annexation boundaries will be filed with the City Clerk, and that you take all steps necessary to complete the annexation to the CFO and to levy a special tax therein for the purpose of financing certain public improvements (and public services) previously approved for the CFO (the "Facilities") (and the "Services"), all as more particularly specified in the proceedings for the creation of the CFO and the levy of the special tax.
2. To proceed as quickly as possible with the annexation to the CFO, the levy of said special tax, and it being further understood that, there being fewer than twelve registered voters residing within the area to be annexed to the CFO, the undersigned being the only expected qualified elector(s) for the annexation, hereby waives all otherwise applicable time periods for the election and notices of the conduct by you of the election under the Act, including all ballot arguments and analysis under the Act.
3. In furtherance of this waiver, the election may be conducted by mailed or hand delivered ballot to be returned as quickly as possible to the City Clerk of the City and that the results of said election be canvassed and reported to you as soon as possible.
Respectfully submitted as of this _9_th _ day of September , 2022 by:
The properties that are the subject of this
Petition are Fresno County Assessor Parcel
No(s):
370-240-66
and the property contains a total of
approximately 18.820 acres
Name of owner of Record
Kenneth & Janet Enns Trust
Kenneth & Janet Enns Trust
PO Box485
Pismo Beach, CA 93448
The address of the above owner for
purposes of Receiving all notices and
ballots is:
Indicate if different:
Proposed Boundary
The map below shows APN(s) 370-240-66 to be annexed into Community Facilities District No. 2005-1 (Public Services).
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DATE:
TITLE:
SUBMITTED:
October 25, 2022
REEDLEY CITY COUNCIL
l:g] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
CONSIDER & APPROVE FULL-TIME EMPLOYEE BENEFIT RENEWALS FOR 2023
1) APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
RENEWAL DOCUMENTS AND PLAN CHANGES NECESSARY FOR THE
PROVISION OF DENTAL, MEDICAL, LIFE & VISION COVERAGE FOR
ELIGIBLE CITY EMPLOYEES, RETIREES, AND DEPENDENTS FOR THE 2023 CALENDAR YEAR
2) ADOPT RESOLUTION NO. 2022-087 OF THE CITY COUNCIL OF THE CITY
OF REEDLEY AMENDING THE SALARY & BENEFIT SCHEDULE FOR
UNREPRESENTED EMPLOYEES REVISING THE LIFE INSURANCE
BENEFIT
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
It is recommended that the City Council 1) approve and authorize the City Manager to execute all renewal plan documents necessary for the provision of dental, medical, life and vision coverage and supporting services for eligible City employees for the 2023 calendar/plan year; and 2) adopt Resolution No. 2022- 087 revising the group term life insurance benefit for full-time Unrepresented employees from a flat $50,000 benefit to equal an employee's annual salary, retaining a $50,000 minimum benefit for those making less than $50,000 in annual salary.
EXECUTIVE SUMMARY
Over the last few months, the City's insurance broker, Horstmann Financial and Insurance Services (Horstmann), solicited bids from various health insurance providers, including the City's current providers, Anthem Blue Cross of California (Blue Cross) and Kaiser Permanente (Kaiser). After review of available options, staff recommends that the City remain with Blue Cross and Kaiser for the 2023 plan year with no changes to coverage or plan design. The net increase to City contributions will be 8.56% across all plans, which is above budgeted assumptions for medical coverage this fiscal year, but far below the initial renewal percentage of 12.5%. Overall employee contributions are not changing significantly based on the City's current contribution formula, which are detailed in the attached comparison.
While this year's medical renewal cost is above budgeted projections, it is not surprising considering overall inflation in the healthcare industry and economy as a whole. For additional perspective, this renewal follows three years of moderate increases of 5.48% (2022), 2.1 % (2021) and 3.51 % (2020).
While staff are recommending approval of this medical renewal with no changes to plan design, work will begin shortly to evaluate possible changes to how the City's medical benefits are structured going forward that would allow employees to have a more active role in mitigating healthcare costs. The results of the research will be discussed at a future Council workshop in 2023.
BACKGROUND
The City is covered by Blue Cross for the 2022 plan year for HMO and PPO plans, and continues to retain Kaiser as an alternative HMO provider option for employees and eligible retirees/dependents.
The City currently contributes the average cost of the two lowest plans ( out of three) towards medical coverage for the employee, employee +1, or family plans. Total medical plan coverage cost, representing the employer and employee share, for all eligible full-time employees and under 65 retirees (nonMedicare eligible), and their dependents is estimated to be $1,955,407 for the 2023 plan year. This amount does not include coverage cost for eligible retirees and their dependents in the City sponsored Medicare Supplement Plan. This results in a net 8.56% increase, or $154,257, to City contributions for 2023 based on current enrollment in the HMO, PPO and Kaiser Plans.
Group Term Life Insurance
The City currently offers group term life insurance coverage of $50,000 for all full-time employees. Life insurance is a common benefit that public employers provide full-time employees, and is typically one of the most affordable. For the City of Reedley, it currently costs $807.30 per month or $9,688 annually to cover all full-time employees and councilmembers. Many public entities have structured their life insurance benefit to match the annual salary of the employee, as it is better aligned (commensurate) with the lost income and impact to standard of living for dependents/beneficiaries. Under the proposed change to the group term life coverage, employees making less than $50,000 annually in salary would retain $50,0000 of coverage. The cost for revising this benefit to equal 1 x an employee's annual salary is an additional $220 per month, or $2,640 annually for all Unrepresented employees.
Under Internal Revenue Service (IRS) regulations , employees will be taxed on the amount of premium above the current premium for $50,000 of coverage; however, the impact is negligible, and in all cases less than $8 per month in additional tax withholding.
Dental Coverage
There are no changes proposed to the City's dental coverage for the 2023 plan year. The City has been self-insured/funded for dental coverage since 2013. At that time, the City elected to maintain the coverage structure as it was when paying premiums into a standard dental insurance plan. Year after year, this self-funded benefit has generated significant savings to the City with no impact to employee and dependent dental care.
The maximum dental benefit was increased to $1,500, effective July 1, 2022, for each individual covered employee and dependents over the previous $1,000 maximum benefit level of 1,000 that had been in place for several decades. This change was necessary to address inflationary cost increases for dental procedures, and will result in less out of pocket for routine dental work and major procedures.
FISCAL IMPACT
The net increase to City contributions will be 8.56% across all medical plans, which is above budgeted assumptions this fiscal year. The current projected annual cost for full-time medical benefits is $1 ,801 ,150 for 2022, rising to $1 ,955,407 for 2023. Overall benefit plan renewals are mostly within range of budgeted assumptions included in the FY 2022-23 Adopted Budget. In those benefit areas where actual renewal costs are above budget assumptions, costs will be reflected in the fiscal year end estimates developed during the FY 2023-24 budget process.
ATTACHMENTS
Active Employee Rate Comparison 2023 vs. 2022
Benefit Summary for HMO, PPO & Kaiser Plans
Resolution No. 2022-087
CURRENT RATES RENEWAL RATES
CITY OF REEDLEY CITY OF REEDLEY
Blue Shield & KAISER DIRECT- MONTHLY RATES Anthem Blue Cross & KAISER DIRECT - MONTHLY RATES
EMPLOYER MONTHLY CONTRIBUTIONS & EMPLOYEE MONTHLY PAYROLL DEDUCTIONS EMPLOYER MONTHLY CONTRIBUTIONS & EMPLOYEE MONTHLY PAYROLL DEDUCTIONS EFFECTIVE JANUARY 1, 2022 EFFECTIVE JANUARY 1, 2023
Active Regular Full-Time Employees Active Regular Full-Time Employees Total Monthly Cost Employee Only Employee+ 1 Family* Total Monthly Cost Employee Only Employee+ 1 Family* Anthem Blue Cross (ABC) HMO $696.67 $11451.94 $21069.91 Anthem Blue Cross (ABC) HMO $763.27 $11591.80 $2,269.72 Anthem Blue Cross (ABC) PPO $719.59 - $1,500.10 $2,138.69 Anthem Blue Cross (ABC) PPO $788.42 $11644.63 $2,345.17 Kaiser $775.08 $1,546.11 $2,008.72 Kaiser $854.42 $1,704.79 $2,215.00 City's Monthly Contribution Employee Only Employee + 1· Family* City's Monthly Contribution Employee Only Employee+ 1 Family* Blended Premium - 2 Lowest Cost Plans $719.59 $1,500.10 $2,072.44 Blended Premium - 2 Lowest Cost Plans $775.85 $1,618.22 $2,242.36 J!\BC HMO & ABC PPO are the lowest cost plans for the Employee Only and Employee+ 1 tiers. ABC HMO & ABC PPO are the lowest cost plans for the Employee Only and Employee+ 1 tiers.
ABC PPO & Kaiser are the lowest cost plans for the Family tier. ABC HMO & Kaiser are the lowest cost plans for the Family tier.
Emplloyee Monthly Contribution Employee Only Employee+ 1 Family* Employee Monthly Contribution Employee Only Employee+ 1 Family* ABC HMO $0.00 $0.00 $30.59 ABC HMO $0.00 $0.00 $27.36
ABC PPO $11.46 $24.08 $99.37 ABC PPO $12.57 $26.41 $102.81 Kaiser $66.95 $70.09 $0.00 Kaiser $78.57 $86.57 $0.00
Employee Annual Contribution Employee Only Employee+ 1 Family* Employee Annual Contribution Employee Only Employee+ 1 Family* ABC HMO $0.00 $0.00 $367.08 ABC HMO $0.00 $0.00 $328.32 ABC PPO $137.52 $288.96 $1,192.44 ABC PPO $150.84 $316.92 $1,233.72 Kaiser $803.40 $841.08 $0.00 Kaiser $942.84 $1,038.84 $0.00 * Family is the equivalent of Employee+ 2 or more dependents Deductible Individual/Family
Maximum Out of Pocket Individual
Maximum Out of Pocket Family
Physicians Services
Primary Care Physician
Specialists
Teladoc
Diagnostic Lab & X-Ray
CT or CAT, PET scan,& MRI
Radiological & Nuclear Imaging
Services
Durable Medical Supply
Diabetic Supply
Hospital Inpatient
Outpatient Surgery
Hospital
Ambulatory Surgery Center
ER Charge
Ambulance
Chiropractor/Acupuncturist
Tier 1
Tier 2
Tier 3
Tier4
City of Reedley - Current 2022 vs Renewal 2023
Anthem Blue Cross
Anthem Blue Cross Anthem Blue Cross
Premier HMO 20 Premier PPO
Anthem Blue Cross Anthem Blue Cross
HMO 20/100% RX 5/15/30/50/30% PPO 500/20/20 RX 5/15/30/$50/30% In Network Benefit Only In Network Out of Network
None $500 Person/$1,500 Fam
$1,500 $3,500 $10,500
$3,000 $7,000 $21,000
$20 $20 (Pernatal & Post Care) 40% after Ded
$20 $20 40% after Ded
$0 copay $0 copay
No Charge
20% after Ded 40% after Ded
$100 copay
$100 copay
20% after Ded 40% after Ded
20% 20% after Ded 40% after Ded
20% 20% after Ded 40% after Ded
No Charge 20% after Ded 40% after Dedd
No Charge 20% after Ded 40% after Dedd
No Charge 20% after Ded 40% after Dedd
$100 $100 plus 20% after Ded
$100 20% after Ded
Chiro $30 per visit/ 30 visits
$10 per Visit/ 30 CombinedVisits/ Acupunture $30 copay/ 20 Appliance $50 max visit/ ded waived for both 40% after Ded/same limits $5/$15 $5/$15 50% upt to $250 per RX
$30 $30 50% upt to $250 per RX
$50 $50 50% upt to $250 per RX
30% up to $250 30% up to $250 50% upt to $250 per RX
Current/ Renewal
Kaiser HMO
Kaiser
In Network Benefit Only
None
$1,500
$3,000
$15
$15
Included
No Charge
No Charge
No Charge
No Charge
No Charge
No Charge
$15
N/A
$50
No Charge
Chrio Not Covered
Generic $5
Brand $20
Brand $20
20% up to $200
The above benefit comparisons are provided as a courtesy of Horstmann Financial and Insurance Services and are for discussion purposes only. Horstmann Financial and Insurance Services is clear of any liability for any errors that may occur in the transference of information.
Horstmann Financial & Insurance Services 10/5/2022
RESOLUTION NO. 2022-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
AMENDING THE SALARY & BENEFIT SCHEDULE FOR UNREPRESENTED EMPLOYEES
REVISING THE LIFE INSURANCE BENEFIT
WHEREAS, Section 36506 of the Government Code of the State of California provides that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive officers and employees; and
WHEREAS, the City Council has heretofore by Resolutions No. 2022-053 and 2022-077 established salary and benefit schedules for management, and all other unrepresented employees of the City ("Unrepresented Group"); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley that effective January 1, 2023, Article 1, Section 3, Health and Welfare paragraph (d) of Resolution No. 2022-053 shall be amended and replaced as follows:
ARTICLE 1:
SECTION 3:
Health and Welfare
d) Life
1. The City shall maintain a Life Insurance policy that is equal to the employee's annual base salary, as adopted on the Master Salary Table (rounded to the nearest $1 ,000) including applicable Longevity Pay, for an Unrepresented employee whose base salary exceeds $50,000
ii. The City shall maintain a Life Insurance policy that is equal to $50,000 for an Unrepresented employee whose base salary is less than or equal to $50,000 This foregoing Resolution was duly passed, approved, and adopted this 25th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, Ciiy Cierk
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
~ Receive/Review
ITEM NO: _ I_O_ October 25, 2022
RECEIVE, REVIEW, AND FILE THE QUARTERLY INVESTMENT REPORT FOR pt QUARTER ENDING SEPTEMBER 30, 2022 FOR FISCAL YEAR 2022-23 Paul A. Melikian, Assistant City Manager ~
' Nicole R. Zieba, City Manage/~_,.,..,--
RECOMMENDATION
That the City Council receive, review, and file the Quarterly Investment Report for pt Quarter Fiscal Year 2022-23, ending September 30, 2022, as required by the City's Investment Policy last adopted on March 22, 2022. No action is required other than to receive, review, and file the report.
EXECUTIVE SUMMARY
Portfolio earnings, net of fees, for 1st quarter ending September 30, 2022 total ($350,245). The prior 1st quarter net portfolio earnings for the same 12-month period one year ago (1st quarter FY 2021-22) were ($3,375). Rapidly rising interest rates and market volatility have led to the continued steep drop off in year over year earnings, and the current year Adopted Budget only assumes $47,225 in interest earnings for the entire fiscal year.
It should be noted that no loss of principal has occurred during this time period as all investments are held to maturity. The Federal Reserve is moving aggressively to tighten monetary policy, with continued interest rate hikes this year to curb rampant inflation. Over the long term, as interest rates rise, the City will be able to re-invest at higher rates and anticipates better portfolio performance. Recently, the City worked with one of its depositories, Five Star Bank, to increase the interest rate paid on idle funds held there.
The attached investment/pooled cash report shows additional detail for cash balances by City fund. The 'treasury pool' for the City, representing the cumulative balance of all funds, totals $25,595,814 as of September 30, 2022, which is $1,264,638 lower than last quarter ending June 30, 2022. The treasury pool from the same 12-month period one year ago was $21,900,763 as of September 30, 2021. The City has received its second and final payment of funding from Coronavirus State and Local Fiscal Recovery Funds included in the Federal American Rescue Plan Act of 2021, which is posted to Fund 025.
All financial investment instruments are constantly monitored and assessed for safety, liquidity and yield, It is important to note that the City's principal value of these investments are secure at all times, and the values that are being reported are the market values at a specific point in time. All investments in the portfolio are in compliance with the City's current Investment Policy, and staff does not anticipate any issues with regard to the City's ability to meet expenditure requirements for the next six months. (Government Code section 53646)
BACKGROUND
The cash balances in the funds are at a point in time only, and do not reflect pending receivable or payable amounts. All financial investment instruments are constantly monitored and assessed for safety, liquidity and yield. The City's idle funds are currently in principal safe investments that protect its pooled cash, such as a money market account at Five-Star Bank, rolling Certificates of Deposit through Multi-Bank Securities in various FDIC insured accounts, and the Central San Joaquin Valley Risk Management Authority investment pool, managed by Chandler Asset Management.
On March 22, 2022 the City Council approved the annual statement of investment policy. The policy includes a self-imposed, 'best practice' reporting requirement to implement a Government Finance Officers Association (GFOA) recommendation that an agency's investment policy explicitly require periodic reporting. The attached Pooled Cash Report for the end of 1st quarter fiscal year 2022-23 shows cash balances/market value and interest earnings for every cash account and investment vehicle as of September 30, 2022. It is important to note that the pooled cash report also includes restricted funds such as American Rescue Plan Act funds, final remaining unused/'frozen' RDA bond proceeds, deposits in trust, funds held for groundwater treatment, and RDA Successor Agency funds. Full account statements for all accounts are on file with the Administrative Services Department and available for inspection at any time.
Cash balances are pooled for investment and banking purposes, as it is not practical to have separate investment accounts for each City fund. Interest earnings are apportioned to each City fund based upon the percentage that a partic·ular fund balance makes up of the total. For instance, if the City's General Fund balance was 10% of the total cash balances of the City, it would be credited with 10% of the investment interest earnings for the period.
ATTACHMENTS
1st Quarter Fiscal Year 2022-23 Investment/Pooled Cash Report
POOLED CASH REPORT
September 2022
LAIF - LOCAL AGENCY INVESTMENT FUND
MECHANICS BANK CHECKING ACCOUNTS (OPERATING & PAYROLL)
CHANDLER ASSET MANAGEMENT PORTFOLIO
MUL Tl BANK SECURITIES PORTFOLIO
FIVE STAR BANK MONEY MARKET
FIVE STAR BANK PUBLIC DONATION CHECKING ACCOUNT
ACTUAL CASH
BALANCE OR
PORTFOLIO MARKET
VALUE
$ 1,376
$ 699,454
$ 5,942,064
$ 9,525,022
$ 9,420,898
$ 1,000
2021-22 FYTD
INTEREST EARNINGS
3 $ (129,776)
$ (248,062)
$ 30,118
$
ACTUAL FYTD TOTAL CASH~ ALL FUNDS $ 25,595,814 $ (347,718) 2022-23 ALL FUNDS COMBINED ACTUAL FYTD INTEREST EARNINGS 2022-23 ALL FUNDS COMBINED ACTUAL FYTD BANK FEES
2022-23 ALL FUNDS COMBINED NET ACTUAL BANK INTEREST
2022-23 ALL FUNDS COMBINED BUDGETED INTEREST EARNINGS
2022-23 PERCENTAGE OF ACTUAL NET YTD INTEREST EARNINGS TO BUDGET Prior Fiscal Year Comparison • Same Period
2021-22 ALL FUNDS COMBINED ACTUAL FYTD INTEREST EARNINGS 2021-22 ALL FUNDS COMBINED ACTUAL FYTD BANK FEES
2021-22 ALL FUNDS COMBINED NET ACTUAL BANK INTEREST
2021-22 ALL FUNDS COMBINED BUDGETED INTEREST EARNINGS
2021 -22 PERCENTAGE OF ACTUAL NET YTD INTEREST EARNINGS TO BUDGET $
$
$
$
$
$
$
$
(347,718)
(2,527)
(350,245)
47,225
-741.652%
(457)
(2,917)
(3,375)
67,550
-4.996%
POOLED CASH REPORT
September 2022
FUND FUND NAME CASH BALANCE
'001 General Fund $ 1,256,607
002 General Fund Reserve Set Aside $ 2,779,364
003 Public Safety Sales Tax $ 819,045
005 Gas Tax $ (57,494)
006 General Fund Capital Set Aside $ 590,559
007 Street Projects Federal and State Funding $ 79,175
010 LTF -Article 3 Sidewalks $ 25,384
011 LTF - Article 8 Streets $ 495,480
014 FCTA - Flexible Funding $ 696,191
015 FCTA -Americans with Disabilities Act (ADA) $ (329) 016 FCTA - Street Maintenance $ 1,006,195
017 FCTA - Pedestrian and Trails $ 280,862
018 FCT A - Bike Facilities $ 70,550
022 SB2 Planning $ (8,273)
023 Road Repair Accountability Act $ 640,824
024 Community Development Block Grant (CDBG) $ 22,422
025 American Rescue Plan Act (ARPA) $ 3,804,077
029 Public Education and Governmental Access (PEG) $ (9,910) 030 Landscape Lighting and Maintenance District $ 178,511 032 Community Facilities District $ (175,086)
034 Streetsca pe $ 32,085
038 Prop 68 Park Bonds $ (47,012)
041 Airport $ 136,008
047 Groundwater Treatment $ 1,523,481
048 Water Rate Stabilization $ 155,369
049 Water Capital $ 921,629
050 Water $ 423,615
051 Sewer Capital $ 2,907,236
052 Sewer $ 1,608,607
053 Solid Waste $ 722,210
060 Equipment Shop ISF $ {22,277)
065 Dental Benefit ISF $ 14,690
068 HR ISF $ (87,459)
073 Deposits in Trust $ 223,637
075 COPS Program $ 31,113
078 CASp Certification $ 31,896
080 City Bond Funds $ 104,994
082 Blighted Properties $ 59,852
100 DIF - Transportation $ 1,281,389
102 DIF - Law $ 26,793
103 DIF - Fire $ 153,127
104 DIF - Storm Drain $ 1,151,017
105 DIF - Wastewater Facilities $ 807,753
109 DIF - Pa rks & Recreation Facilities $ 324,523
110 DIF - General Government Facil ities $ 26,348
111 DIF - Water Facilities $ 411,886
896 RDA Successor Low and Moderate Income Housing $ 43,389 897 RDA Successor Retirement $ 135,761
All Funds - Cash Total $ 25,595,814
Fresno County
Community Development
Department of Public Works and Planning
HOME ARP
HIGHLIGHTS
About HOME ARP • The County of Fresno received a $4.2 million American Rescue Plan (ARP) allocation to fund
programs or projects that assist qualifying
populations. This allocation is administered through
the County’s HOME Investment Partnership Program
(HOME).
• “Qualifying populations” are individuals or
households who are homeless, at risk of
homelessness, and other vulnerable populations.
FRESNO COUNTY HOME-ARP3
FR
Eligible Activities
Tenant Based Rental Assistance
(TBRA)
• Rental assistance for eligible households.
Assistance up to four years.
Acquisition/Development of Non- Congregate Shelter (NCS) or Rental Units
• This activity includes the acquisition /
development of a NCS or rental housing
to support an eligible population.
FRESNO COUNTY HOME-ARP 4
Supportive Services
• Services to assist eligible households
transition to and maintain more
appropriate housing. Examples include
case management, mental health
counseling or substance abuse counseling.
FR
Qualifying Populations
Eligible Households
• Homeless or At Risk of Homelessness
• Fleeing, or Attempting to Flee,
Domestic Violence, Dating Violence,
Sexual Assault, Stalking, or Human
Trafficking
FRESNO COUNTY HOME-ARP 5
Other families requiring services or
housing assistance to prevent
homelessness
Households at greatest risk of housing
instability
Veterans and families that include a
veteran family member that meet the
criteria of the qualifying populations
• Other populations per
HUD guidance
Contact Information
Yvette Quiroga, Principal Planner
2220 Tulare Street, 8th Floor
Fresno, CA 93721
Phone: 559-600-4292
Fax: 559-600-4573
[email protected]
Questions?
What is CDBG?
• Community Development Block Grant
• Funded by the U.S. Department of Housing and Urban
Development (HUD)
• Grant funds are used for eligible housing, and community development activities such as infrastructure, community facilities, housing rehabilitation and public services
What is
HOME? HOME INVESTMENT
PARTNERSHIP PROGRAM
A PROGRAM FUNDED BY
HUD PROVIDING GRANT
FUNDING TO ASSIST WITH
HOUSING REHABILITATION,
HOMEBUYER ASSISTANCE,
AND AFFORDABLE HOUSING
DEVELOPMENT
What are
examples of
CDBG
Activities?
• Water and Sewer System Improvements
• Storm Drain Improvements
• Other Public Works Improvements such as Streets
and Sidewalks
• Neighborhood Facilities, Community Centers
• Parks and Recreational Facilities
• Americans with Disabilities Act (ADA)
Improvements
• Residential and Commercial building rehabilitation
• Community-based Public Services
• All activities must primarily benefit low- and
• moderate-income people
Guidelines
Needs are broad, and
may be addressed by one
or more different
activities
Each type of activity has
certain rules and
regulations depending on
which program it falls
under (CDBG / HOME)
Specific activity
eligibility requirements
are addressed during the
annual application
process
Examples and History
Over $11,400,000 of CDBG funds have been
invested in Reedley since 1975.
Recent CDBG projects include:
• Buttonwillow Avenue Widening
• Reedley Senior Meals (funded with CARES Act CDBG-CV funds) Housing and Developments
• Housing programs have assisted 116 households in Reedley, assisting first-time homebuyers and homeowners needing housing rehabilitation. • A total of $4,365,000 of housing program funds have been invested to assist individual Reedley homeowners.
• $3,325,000 in HOME funds have been invested in housing developments. • Two multifamily housing developments with 115 units completed • Current Self Help Enterprises Single Family Homeownersip project providing affordable homes for 10 families in northwest Reedley
Self Help Enterprises – Guardian Village
Project is still in
underwriting
New multi-family
development will
include 48 units
Proposed County
funding is
$1,750,000 in HOME
and PLHA funds
Project start date is
early 2023,
completed in early
2024
Future Housing Developments
• Two new housing developments are in the preliminary planning stages • 72-unit senior housing complex
• 80-unit multifamily complex
Contact Information
Jonathan Avedian, Community Development
Specialist
2220 Tulare Street, 8th Floor
Fresno, CA 93721
Phone: 559-600-4292
Fax: 559-600-4573
[email protected]
Questions?