ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, JANUARY 28, 2025
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www .reedley.ca.gov
Peticiones para servicios de traducci6n deben ser sometidas 48 horas antes a la Secretaria Municipal al numero 637-4200 ext. 212
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 held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.
Public comment may be made in person or submitted in writing. 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.
Matthew Tuttle, Mayor
Mary Fast, Mayor Pro Tern
Christopher Arriaga, Council Member
MEETING CALLED TO ORDER
Michael Crutchfield, Council Member
Scott Friesen, Council Member
INVOCATION- Pastor Mike Schellenberg, Reedley Mennonite Brethren Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL -ADDITIONS AND/OR DELETIONS
PRESENTATION
1. PRESENTATION ON NATIONAL HUMAN TRAFFICKING PREVENTION MONTH
2. RETIREMENT OF WATER SUPERVISOR JOHN ORNELLAS
3. INTRODUCTION OF NEW WATER SUPERVISOR J.T. TEETER
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 (1 OJ 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. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 4-7)
4. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF JANUARY 14, 2025 - (City Clerk)
Staff Recommendation: Approve
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE SPONSOR
AGREEMENT WITH THE CALIFORNIA CONSERVATION CORPS AND SUPPORTING DOCUMENTS-(Community Services)
Staff Recommendation: Approve
6. CONSIDERATION OF ITEMS PERTAINING TO THE CAMACHO PARK REHABILITATION PROJECT:
A. ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-002 AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $536,021 FOR THE CAMACHO PARK REHABILITATION
PROJECT
B. ADOPT RESOLUTION NO. 2025-003 APPROVING AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH PETERS ENGINEERING GROUP FOR
2 PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CAMACHO
PARK REHABILITATION PROJECT
(Community Services)
Staff Recommendation: Approve
7. ADOPT RESOLUTION NO. 2025-006 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY REVISING THE SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED EMPLOYEES- (Administration)
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
8. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A LEASE OF AIRPORT
PREMISES WITH PAUL AND DONNA HUEBERT FOR BICYCLE MOTOCROSS (BMX) TRACK OPERATIONS- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Services) Staff Recommendation: Approve
WORKSHOP
9. PRESENTATION AND INFORMATION FROM MID VALLEY DISPOSAL
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. REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 21, 2024 - 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
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 23rd day of January 2~ Dates to Remember:
February 11, 2025-Regular Meeting
February 25, 2025-Regular Meeting
Ruthie Greenwood, City Clerk
3 REEDLEY CITY COUNCIL SPECIAL MEETING - January 14, 2025 The special joint meeting of the Reedley City Council and Reedley Planning Commission was called to order by Mayor Tuttle at 6:00p.m. on Tuesday, January 14, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle, None.
Planning Commissioners
Present:
Absent:
Jayne Clark, Rob Ledington, Rosemary Luzania (via zoom), Patrick Turner, and Pete Perez None.
WORKSHOP
ETHICS TRAINING AS REQUIRED BY AB 1234
City Attorney conducted the first half of the two hour bi-annual training as required by AB 1234. The second half of the training will be on January 28, 2025.
ADJOURNMENT
Mayor Tuttle adjourned the special meeting at 6:46 p.m.
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL MEETING - January 14, 2025
A complete audio record of the minutes is available at www.reedley.ca.gov The meeting of Reedley City Council was called to order by Mayor Tuttle at 7 :00 p.m. on Tuesday, January 14, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION -Pastor Virgil Miller, Christ Lutheran Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fast
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
City Manager Nicole Zieba asked to remove item 2 off the agenda at the request of Mr. Dictos. This item will come back before council in the Spring.
Council Member Fast motioned, Council Member Friesen seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
1. RECOGNITION OATH OF OFFICE AND BADGE PINNING FOR FIRE CHIEF CANALES AND POLICE
CHIEF EDIGER
Council and Staff congratulated Chief Canales and Chief Ediger.
BREAK
7:44PM-8:04PM
2. PRESENTATION FROM FRESNO COUNTY ASSESSOR PAUL DICTOS REGARDING FRESNO COUNTY PROPERTY OWNERS PROTECTION ALERT-Item removedfrom agenda
PUBLIC COMMENT
None.
CONSENT AGENDA (Item 3-7)
Council Member Friesen moved, Council Member Crutchfield seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
3. AP PROV AL OF MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 17, 2024 -Approved
4. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCIL MEMBER FAST -Approved
5. RATIFICATION OF A SOFTWARE SERVICES AGREEMENT WITH IWORQ SYSTEMS, INC. FOR AN ONLINE CITIZEN ENGAGEMENT & REQUEST PLATFORM. -Approved
6. APPROVAL FOR TRAVEL AND CONFERENCE RELATED EXPENSES FOR COUNCIL MEMBER
ARRIAGA AND COUNCIL MEMBER CRUTCHFIELD TO ATTEND THE LEAGUE OF CALIFORNIA CITIES COUNCIL MEMBERS ACADEMY - Approved
REEDLEY CITY COUNCIL MEETING -January 14, 2025
7. ADOPTING RESOLUTION 2025-004 OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING THE ANNUAL CITY STATEMENT OF INVESTMENT POLICY -Approved
PUBLIC HEARING
8. PRESENTATION ON THE STATUS OF VACANCIES AND RECRUITMENT EFFORTS AS CALLED FOR BY ASSEMBLY BILL 2561
Assistant City Manager Paul Melikian explained that Assembly Bill 2561 was signed into law in 2024. It requires a public agency to present the status of vacancies, recruitment and retention efforts during a public hearing once a fiscal year. Mr. Melikian discussed the 2024 recruitment activity and efforts and shared statistics with Council.
Public Hearing Opened: 8:19 p.m.
Suzanne Johnson shared her concern that there is additional regulation coming from the State of California to the local government. However there has not been any additional funding provided from the State of California to assist the local government in staying compliant with the new regulations.
Public Hearing Closed: 8:21 p.m.
This item was a public hearing and no vote was required.
ADMINISTRATIVE BUSINESS
9. ADOPT RESOLUTION 2025-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
NO MINA TING A CITY OF REEDLEY COUNCIL MEMBER AS THE CITY REPRESENTATIVE, AND A
DINUBA COUNCIL MEMBER AS THE ALTERNATE CITY REPRESENTATIVE, ON THE BOARD OF
THE KINGS RIVER EAST GROUNDWATER SERVICES AGENCY FOR THE FOUR-YEAR TERM BEGINNING FEBRUARY 1, 2025
City Manager Nicole Zieba shared the history of the City of Reedley's participation in the Kings River East Groundwater Services Agency. Mayor Tuttle agreed to be the City of Reedley's representative on this board.
Council Member Fast motioned and Council Member Friesen seconded to approve 9.ADOPT RESOLUTION 2025- 005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY NOMINATING A CITY OF
REEDLEY COUNCIL MEMBER AS THE CITY REPRESENTATIVE, AND A DINUBA COUNCIL MEMBER AS
THE AL TERNA TE CITY REPRESENTATIVE, ON THE BOARD OF THE KINGS RIVER EAST GROUNDWATER SERVICES AGENCY FOR THE FOUR-YEAR TERM BEGINNING FEBRUARY 1, 2025 Motion unanimously carried.
10. CONFIRM APPOINTMENTS OF COUNCIL MEMBERS AND STAFF TO BOARDS AND COMMISSIONS FOR THE 2025 AND 2026 CALENDAR YEARS
City Manager Nicole Zieba stated that every 2 years or as needed it is decided which council members will represent the City on the various boards and commissions that Reedley represents. It was decided that the following Council Members would represent the following committees:
Central Valley Public Transportation Authority:
Michael Crutchfield-Primary Board Member
Mary Fast-Alternate Board Member
Five Cities (Centerpoint) Economic Development Authority:
Scott Friesen-Primary Board Member
Matthew Tuttle-Alternate Board Member
San Joaquin Valley Special City Selection Committee:
Matthew Tuttle-Primary Committee Member
Michael Crutchfield-Alternate Committee Member
2 REEDLEY CITY COUNCIL MEETING -January 14, 2025
Southeast Regional Solid Waste Commission
Christopher Arriaga-Primary Board Member
Scott Friesen-Alternate Board Member
Upper Kings River Water Authority
Mary Fast-Primary Board Member
Christopher Arriaga-Alternate Board Member
11. INTRODUCTION REEDLEY CHAMBER OF COMMERCE UPDATE
Greater Reedley Chamber of Commerce President and Chief Executive Officer Erik Valencia provided an update on events and plans for the future .
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.
12. RECEIVE, REVIEW AND FILE THE QUARTERLY INVESTMENT REPORT FOR SECOND QUARTER ENDING DECEMBER 31, 2024 FOR FISCAL YEAR 2024-25
13. REEDLEY'S RIVER CITY THEATRE COMPANY, PROFIT & LOSS STATEMENT FOR THE PERIOD OF JULY- DECEMBER 2024
14. QUARTERLY EXPENSE & TRAVEL REPORT FOR ELECTED AND APPOINTED OFFICIALS-OCTOBER 1, 2024 THROUGH DECEMBER 31, 2024
15. RECEIVE, REVIEW AND FILE 2023-24 AUDITED CITY FINANCIAL STATEMENTS
COUNCIL REPORTS
16. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Friesen
• Discussed events that were occurring in the community Council Member Fast
• Mentioned the Good Morning Reedley event she attended • Shared about Chief Garza's retirement luncheon
• Discussed Chieflsaak's retirement luncheon
Council Member Crutchfield
• Shared about the Veterans Memorial Wreath event he assisted with Mayor Tuttle
• Attended the Kings River East Groundwater meeting and provided a brief update • Shared about the holiday event at the Chamber of Commerce he attended • Met with Fire Chief Canales and Police Chief Ediger
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Discussed the upcoming Blossom Trail Opening Ceremony
ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 8:58 p.m. 3 REEDLEY CITY COUNCIL MEETING -January 14, 2025
ATTEST:
Ruthie Greenwood, City Clerk Mayor Matthew Tuttle
4 DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
January 28, 2025
l:gJ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEMNO: 6 ----
APPROVE AND AUTHORIZE CITY MANAGER TO SIGN THE
SPONSOR AGREEMENT WITH THE C ORNIA CONSERVATION
CORPS AND SUPPORTING DOCUME TS
Sarah Reid, Community Services Direct r
Paul Melikian, Assistant City Manage¥
RECOMMENDATION
Approve and authorize City Manager to sign the Sponsor Agreement with the California Conservation Corps and supporting documents.
EXECUTIVE SUMMARY
The City of Reedley applied for a grant through Proposition 68 Round 4 to rehabilitate Camacho Park back in 2021. The grant had a points matrix for scoring applicants. There was a point value associated with contacting the California Conservation Corps (CCC) to confirm if any scope of the project was feasible for the CCC to perform the work. The CCC responded with it is feasible to do the tree planting portion of the project.
On January 11, 2024, the City of Reedley received notice from the State that funding was still available through the grant and the Camacho Park Rehabilitation Project was selected to be awarded. Staff has been working to get all requirements met with the State in preparation of starting the design phase of the project in early spring. Staff contacted the CCC to confirm if the tree planting is still feasible. The CCC indicated that it is, and an agreement is required for this work to be performed. Representatives from the CCC are scheduled to do a site visit and provide a cost estimate for this portion of the project.
While working through the details of the Camacho Park Rehabilitation Project, staff was informed of funding that the CCC receives which is eligible for partnering agencies to request labor for cleanup projects. While the representative is in town doing the site visit at Camacho Park, staff will also do site visits along the Reedley Parkway and at the Reedley Municipal Airport for potential weeding and grounds cleanup projects. There is no out of pocket costs for these types of services since it's funded through a grant received by the CCC.
BACKGROUND
The California Conservation Corps is a department within the California Natural Resources Agency. It was established in 1976 by Governor Jerry Brown and modeled after the original Civilian Conservation Corps of 1930. The program provides young adults 18-25 years old a year of paid service to the State of California. During the year of service, Corpsmembers work on environmental projects and respond to natural and man-made disasters. Through this work, young individuals gain skills and experience that can lead to meaningful careers.
FISCAL IMPACT
The CCC will provide a cost estimate for the scope of work to plant trees. The fee for this work was included in the overall project estimate and will be paid out of the grant.
ATTACHMENTS
Sponsor Agreement (CCC-96)
2 SPONSOR AGREEMENT (CCC-96)
(for Governmental Entity- Locan
This Sponsor Agreement (Agreement) is entered into by the California Conservation Corps (CCC), State of alifornia and ..
Sponsor's Name: __,._..__..__.........,.C-...4_--.,;=~-.-:i..__---1---------' a State of California Local Public E ity (Sponsor).
WHEREAS, the CCC is statutorily mandated to provide job skills training, educational opportunities and an increasing awareness of the State's natural resources to young adults;
WHEREAS, the CCC is authorized to work on projects in rural and urban areas that, provide a benefit to the public by, among other things, preserving, maintaining and/or enhancing the lands and water of the State of California, directly contributing to the conservation of energy and/or assisting in fire prevention and suppression;
WHEREAS, the CCC is authorized pursuant to the California Public Resources Code Section 14306 to execute contracts for furnishing the services of the CCC to any federal, state or local public entity, any local or statewide private organizations, and any person, firm, partnership, or corporation concerned with the objectives of the CCC program as specified in California Public Resources Code Sections 14000 and 14300;
WHEREAS, the Sponsor can provide 6ppori:unit1es for public.service through meaningful and productive work projects;
WHEREAS, each party to this Agreement is duly authorized to enter into this Agreement; and
WHEREAS, the parties to this Agreement find and determine that it would be to their mutual advantage and the public benefit to join together to accomplish the purpose herein, and coordinate their power, authority and expertise for the CCC to use its corpsmembers and employees to accomplish projects specified by Sponsor and agreed to by the CCC; CCC-96 LG (rev. 0 7 /2022)
~ 1719 2 4t h Street. Sacram e n to. CA 9 5816 I ~ (916) 34l -31Lt4 I (0) ccc.ca.gov NOW THEREFORE, in consideration and recognition of the above, the Sponsor and CCC (collectively referred to herein as "the parties") agree as follows:
A. Documentation of Projects
l. Sponsor will submit project proposals to the CCC.
2. The CCC shall work with Sponsor to include details of project proposals in a CCC Project Evaluation and/or other appropriate forms and documentation where applicable.
3. No project work will begin without CCC Project Evaluation documentation being signed by the parties' representatives.
4. The documentation for any project necessarily incorporates into it this Agreement.
5. If there should be a conflict with terms and conditions contained in any other documents related to the parties' relationship or any project related thereto, the terms and conditions set forth in this CCC 96 will take precedence.
6. Unless otherwise specified in the project documentation, the parties agree to accept documents that are electronically signed in accordance with Government Code Section 16.5.
B. Parties Obligations:
l. Sponsor agrees:
a. To pay for all costs, including but not limited to, labor, material and supply costs negotiated and agreed to by the parties that are direct ly related to and necessitated by the project and that are set forth in the project documentation;
b . To make available to the CCC adequate plans, specifications, materials, supplies, equipment and/or special labor requirements to complete the project as determined and agreed to by the parties as specified in the project documentation;
c. To provide adequate technical supervision as determined and agreed to by the parties;
d. To obtain approvals, clearances, and permits required by any local, state, tribal, or federal entity, law, or regulation;
e. To the extent any project involves the CCC performing work on private property, the Sponsor shall obtain and/or has obtained all necessary approvals, authorizations and/or permits from the owners 'S 1779 24th Street. Sacramen to. CA 95816 I ~ (916) 341 -31 44 I e c cc.ca .gov CCC-96 LG (rev. 08/2022)
2 of said private property before the CCC begins project work on said property and that the CCC is authorized to perform the project work on said private property;
f. To obtain clearances and/or meet requirements, if any, of trade unions or other labor organizations occasioned by the participation of the CCC in the project;
g . To provide project sites that, to the best of the Sponsor's knowledge, are free of any known hazardous materials, but if there are any known hazardous materials present, the Sponsor shall provide the location, identity, and amounts of such hazardous materials as well as the associated Safety Data Sheets;
h. To provide or reimburse the CCC for acceptable temporary living accommodations for CCC personnel engaged in working on a project if: (l) the project is located at a site that is more than a one-hour drive from the designated CCC base center; and, (2) provision of such living accommodation is determined necessary by the parties;
i. To conduct an orientation with CCC personnel at t he commencement of each project to explain t he technical aspects, safety requirements and other relevant information necessary for the CCC to successfully complete the project including the identification of restroom facilities or alternatives;
j. To work with the CCC to conduct an educational or training presentation at the CCC base center or project site to CCC Corpsmembers; and,
k. To consider authorizing the CCC to place a sign, plaque or emblem on the project site that presents the CCC's contribution to the project.
2. CCC agrees to:
a. Review project proposals submitted by the Sponsor and work with Sponsor to prepare project documentation for those proposed projects that are covered by the CCC's stat utory mandate, consistent with the CCC's organizational priorities and within the CCC's operational capabilities;
b. Provide CCC personnel, equipment and materials to perform the obligations specified in the project documentation. The CCC will ~ 1719 24th St re et. Sac ramen to. C A 95816 I ~ (916) 3 4 1-3144 I (8) c c c.ca.gov CCC-96 LG (rev 08/2022)
3 only use personnel who have received adequate prior training and are sufficiently equipped for and alerted to the general nature of the hazards inherent in the scope of work; and,
c. Provide its personnel with Workers' Compensation coverage and benefits that are administered by the State Compensation Insurance Fund in accordance with the California Labor Code.
3. The Sponsor and CCC mutually agree to the following:
a. This Agreement is not intended to affect the legal liability of either of the parties by imposing any standard of care other than the standard of care imposed by law;
b. Mutual Indemnification:
i. To the extent permitted by law including Article XVI, sections l and 6 of the California Constitution, and the California Claims Act, the CCC agrees to hold harmless and indemnify the Sponsor against any liability, damage, or loss legally determined to have occurred as a result of
performance or failure to perform under this Agreement
and/or the project documentation caused by the acts
and/or omissions of any person directly employed by,
enrolled in or under the control or supervision of the CCC while performing the work set forth in this Agreement
and/or the project documentation; and,
ii. The Sponsor agrees to hold harmless and indemnify the CCC against any liability, damage, or loss legally
determined to have occurred as a result of performance or failure to perform under this Agreement and/or the project documentation caused by the acts and/or omissions of any person directly employed by or under the control or
supervision of the Sponsor while performing the work set forth in this Agreement and/or the project documentation; c. Insurance:
i. The State of California has elected to cover its motor vehicle and general liability exposure through claims
procedures instituted in accordance with the California Government Code provisions and the other provisions of
~ 1719 24th Street. Sacramento, CA 95816 I ~ (916) 341-3144 I (6) ccc.ca.gov CCC-96 LG (rev 08/2022)
4 the law relating to such liability. Pursuant to those procedures, tort liability claims should be presented as a government claim to the Government Claims Program,
P.O. Box 989052 MS 414, West Sacramento, CA 95798-
9052; https://www.dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Riskand-l nsurance-Manaqeme nt-Services-List-F older/Fi le-a-GovernmentC laim?search=gove rn ment%20claim%20form in accordance with the California Government Code and the other provisions of
the law governing submission of such claims. In addition, unless notified other-Nise or on behalf of the CCC, motor vehicle liability claims should be presented to the Office of Risk and Insurance Management (ORIM), P.O. Box 989052
MS-403, West Sacramento, CA 95798-9052, (800) 900-
3634, [email protected]. If your motor vehicle liability claim is not resolved within six months from the date of loss, California law requires you to file a formal claim with the Government Claims Program, P.O. Box 989052 MS 414,
West Sacramento, CA 95798-9052 (link above). It should
be noted, however, that the willingness of ORIM to receive such motor vehicle liability claims does not constitute a waiver by the State of California or the CCC of the time limits or procedures provided by law or the filing of claims relating to such motor vehicle liability. It also should be noted that the addresses set forth in this paragraph are subject to change; any claimant is advised to verify the accuracy of and currency of the addresses for filing claims, and by setting forth addresses in this paragraph, neither the State of California nor the CCC is waiving any time limits or procedures provided by law for filing claims
related to alleged motor vehicle or general liability or any other alleged liability.
ii. The California Department of Human Resources has
entered into a Master Agreement with the State
Compensation Insurance Fund to administer Workers'
Compensation benefits for State employees and
Corpsmembers as required by the California Labor Code.
'81 1779 24th Street. Sacra m e nto. CA 9 58 16 I ~ (916) 341-3144 I e ccc.ca.gov CCC-96 LG (rev 08/2022)
5 d. The California Labor Code Section l720.4{c) specifically exempts the CCC from paying state prevailing wages to Corpsmembers when engaged in public works projects. The CCC is not subject to the federal prevailing wage requirements set forth in the Davis-Bacon Act (Title 40 USC 276A et seq.) when providing labor on federal government contracts. Title 29 of the Code of Federal Regulations (CFR), Section 5.2(h) specifically provides that a State is not considered a contractor under statutes providing loans, grants, or other federal assistance in situations where construction is performed by its own employees and/or personnel;
e. The California Business and Professions Code, Section 7040 exempts the State of California from contractor licensing requirements. The CCC is a state entity subject to the exemption;
f. Improvements and Land Use:
i. All improvements constructed in whole, or in part by the CCC on lands owned or controlled by the Sponsor will remain the property of the Sponsor;
ii. Permission to camp and/or perform work on lands owned or controlled by Sponsor does not in any way convey to the CCC, its staff or any person or persons working with the CCC in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor; g. Emergency Services and Possible Delays:
i. The CCC is required to provide emergency services when directed by the Governor of the State of California pursuant to an Executive Order, the Office of Emergency Services (Cal OES), Department of Forestry and Fire Protection (CAL FIRE) and other agencies charged with responding to emergencies throughout California arising from fire, flood, wind, and other natural and man-caused disasters.
ii. The CCC may be required to temporarily suspend or permanently cease work on projects due to required emergency response or emergency conditions. The parties agree that any delay in completing the work by the CCC due to response to an
emergency shall be excused and costs incurred by the delay shall be the responsibility of the Sponsor.
6 ·e> 1779 24th Street. Sacramento. CA 95816 I ~ (916) 341-3144 I e ccc.ca.gov CCC-96 LG (rev 08/2022)
iii. The resources of the CCC are limited and the public service conservation work of the CCC may be altered in priority from time-to-time. The parties agree that other than delays caused by the CCC's response to an emergency, all other delays by either party shall be excused and costs caused by delays shall be the responsibility of the party incurring such costs.
h. Audit: It is mutually agreed that, pursuant to California Government Code,§ 8546.7, any project performed under this Agreement that involves the expenditure of public funds in excess of ten thousand dollars ($10,000) shall, along with the Parties thereto, be subject to the examination and audit of the California State Auditor for a period of three years after final payment under said project. Such audit may be triggered at the request of the public entity expending said funds or as part of any California State Auditor audit of said public entity. i. All contracts relating to the construction or operation of a project will contain a clause prohibiting discrimination and/or harassment against any person, employee or employee applicant engaged in the project work on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, and denial of family care leave;
j . Budget Contingencies:
i. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State of California and the CCC shall have no liability to pay any funds whatsoever to Sponsor or to furnish any other considerations under this Agreement or related project documentation and Sponsor shall not be obligated to perform any provisions of this Agreement or related project documentation; and,
ii. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State of California and t he CCC shall have the option to either cancel this Agreement with 0 177 9 2 4 th Street. Sacra m e n to. CA 958 16 I ~ (916 ) 341-3144 I e c c c.ca.g ov CCC-96 LG (rev 08/2022)
7 no liability occurring to the State of California or CCC, or offer an amendment to the Agreement reflecting the reduced amount; k. Subject to the provisions herein, all remedies allowed by law are available to either party for enforcement of this Agreement. Any waiver of rights by either party or any matter relating to this Agreement shall not be deemed to be a waiver unless in writing and approved by both parties and shall not be a waiver to any other provision or matter relating to this Agreement;
I. If any part of this Agreement is found to be invalid the remainder of the Agreement shall continue in full force and effect;
m. Neither the CCC nor the Sponsor may assign this Agreement or any interest therein without the written consent of the other party; n. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties;
o . This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California;
p. This Agreement shall remain in effect unless terminated upon thirty (30) days written notice from either party; and,
CONTINUED ON NEXT PAGE
~ 1719 24th Street. Sacramento. CA 95876 I ~ (976) 347-3144 I e ccc.ca.gov CCC-96 LG (rev. 08/2 022)
8 q . Each Party and its respective agents executing this Agreement warrants and represents that it has the full power and authority to execute, deliver and perform the obligations under this Agreement and that each Party's performance hereunder has been duly authorized by all requisite actions on the part of that Party.
Sponsor Information:
Sponsor Name: Sponsor Department:
City of Reedley Community Services Department
Address:
100 N. East Ave., Reedley, CA 93654
Contact Person: Phone:
Sarah Reid 559 637-4203 ext. 234
Email Address: [email protected]
SIGNATURES
In Witness Whereof, the parties have agreed to the conditions of this Agreement as of the date shown below.
Sponsor Representative Signature:
, ..
Print Name: Date:
Nicole R. Zieba
CCC District Director/Region Deputy Signature:
Print Name: Date:
(9 1779 24th Street. Sacra mento. CA 95816 I ~ (91 6) 341-3144 I e ccc.ca.gov CCC-96 LG (rev 0 8/2022)
9 DATE:
TITLE:
January 28, 2025
REEDLEY CITY COUNCIL
~ Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
CONSIDERATION OF ITEMS PERTAINING TO THE CAMACHO PARK
REHABILITATION PROJECT:
(A) ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-002 AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $536,021 FOR THE CAMACHO PARK
REHABILITATION PROJECT
(8) ADOPT RESOLUTION NO. 2025-003 APPROVING AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH PETERS ENGINEERING GROUP FOR
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CAMACHO
PARK REHABILITATION PROJECT
SUBMITTED: Marilu Morales, P.E.l I A\
City Engineer ...__,}J\.Y'
APPROVED: Nicole Zieba~
r ity Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
(A) Adopt Budget Amendment Resolution No. 2024-002 amending the fiscal year 2024-2025 budget to appropriate available funds in the amount of $536,021 for the Camacho Park Rehabilitation Project.
(8) Adopt Resolution No. 2025-003 approving and authorizing the City Manager to negotiate and enter into a professional services agreement with Peters Engineering Group for professional engineering design services for the Camacho Park Rehabilitation Project.
EXECUTIVE SUMMARY
Staff is requesting that the City Council adopt Budget Amendment Resolution No. 2024-002 in the amount of $536,021 to fully fund the design portion of the Camacho Park Rehabilitation Project
including professional engineering design services, contingencies and staff time to review and oversee the design and manage the grant funding. The project design is being funded by Proposition 68 State Grant funding.
In conjunction with the requested budget amendment, staff is requesting that Council adopt Resolution No. 2025-003 authorizing the City Manager to negotiate and enter into a professional services agreement with Peters Engineering Group for professional engineering design services for a fee not to exceed $379,700. Staff is requesting an additional 15% contingency of $56,955 for any unforeseen design items, to bring the total appropriation request to $436,655. The consultant's fees will be paid through Proposition 68 Grant Funding.
BACKGROUND
The Camacho Park Rehabilitation Project will construct a new walking path, group picnic area, restroom, signage and public art within the park. It will also renovate three existing baseball/softball fields, the existing restroom, storage and concession stand, and landscaping and lighting throughout the park. The city applied for grant funding for Camacho Park multiple times and was successful in the round 4 of Proposition 68 grant funding.
The Engineering Department issued a request for proposals in November of 2024 from interested firms to perform engineering design services for the Camacho Park Rehabilitation Project and received a response from four interested firms, however, one firm's submittal was after the deadline and was not evaluated. The proposals were received, reviewed, and scored by various staff members and the top two firms were interviewed by the City's selection committee who selected Peters Engineering Group to perform the design consulting services. The selected consultant will provide the following services: site investigation and preliminary design, PG&E electrical plan, Fresno County Department of Public Health plan approval for the concession stand, final design and contract documents, and bidding and construction support.
The consultant design will include all items as listed above; however, during the construction bidding of the project, various items will be included as additive alternatives to ensure project costs remain within the grants budgeted amount of $3,573,471 for construction and construction management.
Construction is anticipated to begin in the fall of 2026.
FISCAL IMPACT
The professional engineering design services will be paid through the Proposition 68 State Grant funding.
ATTACHMENTS
1. Budget Amendment Resolution No. 2025-002
2. Resolution No. 2025-003
3. Professional Services Agreement with Peters Engineering Group
BUDGET AMENDMENT
RESOLUTION 2025-002
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
008-4455.5515 Camacho Park Project $ 536,021
Total $ 536,021
Purpose: Pre-construction costs including consultant design, topo, testing, and staff time associated with the Camacho Park Project Grant
SECTION 11- SOURCE OF FUNDING
Account Number Account Description Amount
008-3897 Camacho Park State Funding $ 536,021
Total $ 536,021
Impact: The Prop 68 State Grant Funding allocated this amount for the pre-construction costs associated with the Camacho Park Project
REVIEWED:
~
RECOMMENDED:
Assistant City Manager k,;-City Manager
The foregoing resolution was approved by the City Council of the City of lfe'e~ley on this 28th day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2025-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH PETERS ENGINEERING
GROUP FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE
CAMACHO PARK REHABILITATION PROJECT
WHEREAS, the City of Reedley issued a Request for Proposals for professional engineering design services for the Camacho Park Rehabilitation Project; and WHEREAS, the City received, reviewed, and scored three responses from qualified design firms; and
WHEREAS, the City's selection committee interviewed the top two engineering design firms; and
WHEREAS, Peters Engineering Group was the selected firm to perform these services for the City of Reedley; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley, using their independent judgment, hereby approve Resolution No. 2025-003 based on the following:
1. That the above recitals are true and correct.
2. That the City Council authorizes the City Manager, or her designee, to sign and execute a professional services agreement with Peters Engineering Group in the amount of $379,700.
3. That the City Manager or her designee, is hereby authorized to sign any addendums to the professional services agreement that shall not exceed 15% or $56,955 without prior approval of the City Council.
4. This professional services agreement entered into shall be effective from the date of execution by the City Manager until the close out of the subject project.
5. This resolution is effective immediately upon adoption.
The foregoing resolution is hereby approved at a regular meeting of the City Council of the City of Reedley held on the 28th day of January 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
PROFESSIONAL SERVICES AGREEMENT
This Agreement, entered into this __ day of _________ , 2025, by and between the City of Reedley, hereinafter referred to as the "CITY", and Peters Engineering Group hereinafter referred to as the "CONSUL TANT".
WITNESSETH
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions, and WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as "Scope of Services" in Exhibit "A", for the Professional Engineering Design Services for Camacho Park Rehabilitation Project hereinafter referred to as the "PROJECT"; and WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONSUL TANT agree as follows:
I. SERVICES TO BE PERFORMED BY THE CONSUL TANT
A. Authorized Scope of Services: The CONSUL TANT agrees to perform all services necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit "A" - Scope of Services, for the cost identified in Exhibit "B" - Project Fee.
B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit "A" may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit "C" - A schedule of Fees for Additional Professional Services. Such additional services shall not be performed by CONSUL TANT without the written consent of CITY.
II. TIME OF PERFORMANCE
The CONSUL TANT shall commence performance of this Agreement within ten (10) days following City Council approval of this Agreement and shall complete the work within the timeframes outlined in Exhibit "A", unless otherwise extended in writing by CITY, in its sole discretion.
If the CONSUL TANT fails to complete the Scope of Service within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.
CONSUL TANT shall not be responsible for delays which are due to causes beyond the CONSULTANT'S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties, but CONSUL TANT shall not be entitled to additional compensation as a result of such delay.
Ill. COMPENSATION
A.
B.
Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full on an actual cost-plus fixed fee basis, a sum not to exceed $379,700.00 in accordance with Exhibit B. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for the Scope of Services as identified in Exhibit "A".
Payment of Compensation: The CONSUL TANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any. All billings shall be subject to verification and approval by the CITY.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The City Manager shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Reedley is specifically required.
B. CONSUL TANT: Peters Engineering Group shall represent and act as CONSUL TANT in all matters pertaining to the services to be rendered by it under this Agreement.
V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised by either party, without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A.
B.
Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.
Termination of Agreement for Cause: The CITY may by written notice to the CONSUL TANT specifying the effective date thereof, immediately
terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSUL TANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSUL TANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, another party to complete the services under this Agreement.
2. Except with respect to defaults of subconsultants, the CONSUL TANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event of the failure to perform is caused by the default of a subconsultant, the CONSUL TANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSUL TANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSUL TANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement. The use of all finished and unfinished work product shall be in accordance with Section XI, Documents and Data.
4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily performed to the date of termination according to compensation provisions contained herein;
provided that, upon termination for cause, the CITY may withhold such amount as the CITY deems appropriate to compensate the CITY for costs or damages incurred as a result of the
CONSUL TANT's default. In no event, shall the total compensation paid CONSUL TANT exceed the total compensation agreed to herein.
5. If, after notice of termination of this Agreement for cause, as provided for in this article, it is determined for any reason that the CONSUL TANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.
VI. INTEREST OF OFFICIALS AND THE CONSUL TANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
8. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSUL TANT further covenants that in the performance of this work, no person having any such interest shall be employed.
VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSUL TANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSUL TANT for the purpose of securing business. For breach or violation of this warranty, the CITY
shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
VIII. SUBCONTRACTING
A. The CONSUL TANT shall not subcontract or otherwise assign any portion of the services to be performed under this Agreement without the prior written approval of the CITY.
B. Without limiting Paragraph A, in no event shall the CONSUL TANT subcontract services in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project described in this Agreement.
IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSUL TANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSUL TANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSUL TANT in the performance of said services hereunder.
The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the services specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSUL TANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of
B.
C.
the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSUL TANT will be at CITY's sole risk and without liability to CONSUL TANT. Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSUL TANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULTANT prior notice and has received from CONSUL TANT written consent for such changes.
Publication: No report, information, or other data given or prepared or assembled by the CONSUL TANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSUL TANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSUL TANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
Copyrights: The CONSUL TANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
XII. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors, or omissions in the performance of services, CONSULTANT shall indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or damages arising directly out of CONSUL TANT's negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligent acts of CITY.
B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSUL TANT shall indemnify, defend (at CITY's option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and designated volunteers from and against any and all claims, demands, defense costs, liability, or damages of any kind or
nature ansmg out of or in connection with CONSULTANT (or CONSUL TANT's subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligent acts of CITY.
C. Without limiting CITY's right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers' Compensation insurance as required by California statutes, and Employer's Liability Insurance in an amount not less than One Million Dollars ($1,000,000).
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
Such insurance shall include coverage for Premises and
Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor's Liability (if applicable).
3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
4. Comprehensive automobile liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
D. The City Manager is authorized to reduce or modify the requirements set forth above in the event he/she determines that such reduction is in the CITY's best interest.
E. Each insurance policy required by this Agreement shall contain the following clause:
"This insurance shall not be canceled, any change in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Reedley, 845 G Street, Reedley, CA 93654." The clause shall not contain "shall endeavor," best efforts or similar qualifiers.
In addition, the Commercial general liability and comprehensive
automobile liability policies required by this Agreement shall contain the following clauses:
"It is agreed that any insurance maintained by the City of Reedley shall apply in excess of and not contribute with insurance provided by this policy."
For the general liability and automobile policies only, the City of Reedley, its officers, agents, employees, representatives and designated volunteers are added as additional insured's as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Reedley.
F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSUL TANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT's responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
G. In addition to any other remedies CITY may have if CONSUL TANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY, may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSUL TANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSUL TANT hereunder until CONSUL TANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other
remedies CITY may have and is not the exclusive remedy for CONSUL TANT's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSUL TANT's or its subcontractor's performance of the work covered under this Agreement.
XIII. NON-DISCRIMINATION
CONSUL TANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSUL TANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Caltrans-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XIV. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSUL TANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.
8. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
C. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties of this Agreement without the written consent of the other party.
D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.
E. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSUL TANT, or if sent via the United State Postal Service, postage prepaid, addressed as
follows:
CITY OF REEDLEY
1733 Ninth Street
Reedley, CA 93654
Attn: City Clerk
PETERS ENGINEERING GROUP
862 Pollasky Avenue
Clovis, CA 93612
Attn: David Peters
F. JurisdictionNenue/Waiver of Removal: This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that State.
Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Fresno County, California.
The CONSUL TANT hereby expressly waives any right to move any action to a county other than Fresno County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSUL TANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified or altered except in writing signed by the CITY and the CONSUL TANT.
H. Conflict with Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
I. Attorney's Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable attorney's fees and court costs incurred in the action brought thereon.
J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.
K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.
L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONSULTANT
a California limited partnership business
BY: ------------- David Peters, PE, TE, PTOE
PresidenUPrincipal Engineer
Peters Engineering Group
Attachments:
Exhibit "A": Scope of Services
Exhibit "B": Project Fees
CITY OF REEDLEY
a California municipal corporation
BY: ------------- Nico I e R. Zieba
City Manager
RECOMMENDED FOR APPROVAL
BY: -------------
Mar ii u S. Morales, P. E.
City Engineer
Exhibit "C": A schedule of Fees for Additional Professional Services
GENERAL
EXHIBIT A
Scope of Services
The intent of this Request for Proposals (RFP) is to secure the services of a qualified professional Engineering consultant to conduct design engineering services for the Camacho Park Rehabilitation Project. Services shall generally include the following tasks:
1 . Project Management
2. Data Gathering and Analysis
3. Investigations
3.1 Surveying
3.2 Geotechnical Investigation
4. Preliminary Design
5. PG&E Electrical Plan of Service
6. Final Design and Contract Documents
7. Bidding Support
8. Construction Support
Desired design elements include:
• New single-stall restroom at the north ballfield
• Rehabilitation of existing restroom, concession and storage areas • Removal of existing asphalt and concrete around existing restroomtconcession building and replace with concrete
• Concrete, asphalt and steel removed through demolition must be taken to an approved recycling center
• Removal of existing non-ADA compliant ramp and stairs • New ADA ramp from the new restroom to the ballfield
• New ADA ramp from the restroom concession area to the ballfields • New remote-control system for the existing lights on all three fields and upgraded LED stadium lighting
• Walking trail along the north side, east side and approximately 35' of the south side of the park
• Lighting around the walking areas in the park
• New scoreboard(s) (Add. Alternate during bidding)
• Benches on cement pads
• Picnic tables around existing restroom/concession building • Upgrades to the batting cages and warm-up pitching mounds (4 total) • New park sign
• ADA upgrades by the parking lot and park entrance
• Relocation of flag pole
• Rehabilitation of scoring platform
• New top pole on existing chain link fence
• Removal and/or trimming of existing trees
• Trees that are removed and cannot be relocated will be mulched for use in parks • Painting existing improvements to remain including existing railing, existing light poles and the existing block wall along northern edge of park
• Covered dugouts and dugout bench replacement (Add. Alternate during bidding) The following Scope of Services is provided as a guideline and is intended to identify the City's expectations and requirements associated with the Final Design effort. Consultants may suggest modifications to the proposed Scope of Services and are encouraged to expand the scope to include additional and/or optional tasks if deemed necessary to execute and facilitate the final design of the Project. At a minimum, the following specific tasks are to be included in the proposed Scope of Services.
DETAILED SCOPE OF SERVICES
Task 1: Project Management
• Prepare and lead the Project kick-off meeting with the City to discuss and review the following:
o Project background, goals, constraints, and approach
o Project reporting/communication protocols/coordination o Project schedule
o Critical/high-priority scope
• Provide electronic project design schedule (baseline and monthly progress updates) in searchable PDF format. At a minimum, the schedule shall include all submittals, meetings, and milestones. The schedule should incorporate a minimum 3-week period for each City submittal review.
• Schedule and lead review meetings with the City. Consultant shall prepare all agenda and meeting minutes along with an updated project design schedule. • Coordination meetings with other agencies and developers as necessary. • Conduct and demonstrate effective quality assurance and quality control procedures. o Review of all notes and design calculations, along with design drawings and specifications, by an appropriate reviewer prior to each design submittal. o Constructability and operational review of the design submittals. • Consultant shall notify the City of any out-of-scope work items and obtain City approval prior to proceeding, no exceptions. Consultant will not be compensated for at-risk work. • Deliverables: Consultant shall submit all meeting agendas to the City a minimum of one (1) week prior to meetings, and all meeting minutes shall be submitted within five (5) working days following each meeting. City comments shall be incorporated, and final
minutes published for distribution and record.
Task 2: Data Gathering and Analysis
• Gather, review, and understand information on the City's previous planning and design efforts for the Project, including a detailed review of all associated reference documents. • Conduct field visits, inquiries, and investigations to acquire and review all relevant records of existing and proposed utilities including review of record drawings, property boundaries and right-of-way, environmental and geologic information, as well as to document physical conditions, features, and constraints within the Project area. • Acquire mapping, record drawings, and relevant information (aerial, utility, topographic, geologic, environmental/CEQA, etc.) from City, County, USGS, and other agency sources. • Compile base mapping and identify jurisdictional limits (e.g. city/county agencies, irrigation districts, etc.) and requirements.
• Review City of Reedley and PG&E service needs (sewer, water, storm drain, and electrical capacity requirements). Coordinate with City of Reedley and PG&E to verify the number of new services required for all new park facilities.
• Alternative recommendations shall be identified and discussed early in the design. At a minimum, Consultant shall review the following:
o Potential environmental concerns
o Hydrology Concerns
o Preliminary Design Recommendations
• Meet with City staff and discuss standards, expectations, project approach, and results of data gathering and analysis.
• Deliverables: Consultant shall summarize the results of this task into a Technical Memorandum (TM) and submit one (1) electronic copy (searchable pdf), for City review.
City comments shall be incorporated into the final technical memorandum.
Task 3: Investigations
Task 3.1 Surveying
• Consultant shall perform a topographic survey of the project area based on the City's (NAVD88) Datum. The survey shall identify all existing easements, right of way, and existing utilities on or adjacent to the proposed project area. The surveying consultant or sub-consultant shall be a Registered Professional Land Surveyor in the State of California.
Deliverables: Results of all surveying activities shall be incorporated into the final contract documents.
Task 3.2 Geotechnical Investigation
• Perform a geotechnical investigation of the proposed project area to include site preparation and earthwork, suitability of onsite materials for backfill, structural sections for concrete and asphalt, and all other necessary information required for a complete design.
• Consultant shall secure the services from a qualified sub-consultant. As an option, the Consultant may utilize in-house resources for geotechnical services provided they can demonstrate sufficient experience/qualifications.
• Deliverables: Consultant shall summarize results and recommendations into a report.
One (1) electronic copy of the final geotechnical report shall be submitted to the City.
Results of the geotechnical investigation shall be incorporated into the final contract documents.
Task 4: Preliminary Design
• The Consultant shall provide preliminary designs for all proposed project elements based on the results from tasks 2 and 3 and the desired design elements described in the General section of this Scope of Services.
• Complete a lighting analysis for the proposed lighting improvement plan to ensure lighting is sized correctly and appropriately illuminates surroundings. • Upon completion of the preliminary (30%) design drawings, the consultant shall conduct a preliminary design review meeting to present the preliminary design recommendations to City staff. All comments from city staff shall be incorporated into the final design. • Deliverables: Plans, specifications, and engineer's estimates shall be submitted at 30% design level for City review. The consultant shall submit one (1) electronic copy of all documents (searchable PDF files) including plans and construction cost estimates. All documents shall be electronically signed and stamped by a licensed engineer in the State of California.
Task 5: PG&E Electrical Plan of Service
• New electrical services will be required for the new restroom, pathway lighting, and any other proposed improvements that may require additional service needs. Consultant shall coordinate all activities with Pacific Gas and Electric (PG&E) to obtain an electrical plan of service for all new park facilities. The consultant shall include in their scope of work the application for all required PG&E permits, preparation and submittal of plans to PG&E, and addressing all PG&E comments. The Contract Documents shall include the final approved electrical plan of service. The PG&E permit application shall be submitted in the early stages of preliminary design to allow sufficient time for PG&E to prepare the plan of service.
Task 6: Final Design and Contract Documents
• The principal design components of this project shall incorporate the desired design elements described in the General section of this Scope of Services. • Consultant shall prepare Contract Bid Documents in a single bid package consisting of detailed design plans and specifications. The plans shall include (at a minimum):
o Cover Sheet
o Demolition Plan
o Site Plan
o Onsite Grading Plans
o Utility Plan
o Lighting and Electrical Plans
o Erosion Control Plans
• The consultant shall prepare complete specifications, including General Provisions (provided by the City), Special Conditions, Supplemental Special Conditions, Technical Specifications, and detailed Bidding Sheets including estimated costs. • Contract Documents, including detailed design plans and specifications, shall be prepared in accordance with the City of Reedley Standards and Specifications and California Department of Transportation (Caltrans) 2022 Standards and Specifications. • Plans shall be prepared consistent with NAVD88 survey standards. • Specifications shall include a detailed anticipated sequence of work. Sequence of work shall include all construction phasing requirements as necessary for the proper construction of all proposed park facilities.
• Coordinate with all local utilities and agencies including PG&E, gas, telephone, cable TV, etc. for utility locations. All existing and proposed utilities shall be identified on the plans.
Locate, identify, and show City facilities and appurtenances on the drawings, including storm drains, sewer lines, force mains, vaults, manholes, and other appurtenances. Final contract documents shall include a final electrical utility plan of service approved for construction.
• Concession improvement plans shall be submitted to and approved by the Fresno County Health Department
• Prepare a detailed and itemized opinion of probable construction cost. Each design level submittal shall include an appropriate engineer's cost estimate. • Prior to the 60% design submittal, the project team shall conduct a field review with plans in hand to review the proposed site improvements to determine the conditions of the surrounding environment, discuss pertinent project information, and develop a final opinion of possible impacts, mitigation measures, and alternatives. The Consultant's Project Manager and other appropriate members of the project team, accompanied by City staff shall participate in this effort.
• Conduct review meetings with City staff at the 60%, 90% and 100% design level. • Deliverables: Plans, specifications, and engineer's estimates shall be submitted for City review at the 60%, 90%, and 100% progress levels. At each design level, the consultant shall submit one (1) electronic copy of all documents (searchable PDF files) including plans, specifications, and construction cost estimates. All documents shall be electronically signed and stamped by a licensed engineer in the State of California. The final bid document submittal shall include one (1) full-size set, two (2) hard copies of the final bid specifications, and electronic (PDF) copies of the final drawings and specifications for bidding. All final bid documents shall be wet-signed.
Task 7: Bidding Support
• Consultant will assist City during Bidding including attending a pre-bid meeting, reviewing and responding to contractor-submitted Requests for Information (RFl's), and preparing information to be included in bid addendums.
Task 8: Construction Support
• Consultant will assist City during Construction including attending a pre-construction meeting, reviewing and responding to contractor submittals and RFl's during the project that requires specialized review by design staff. Consultant shall make up to three (3) 1- hour site visits during construction and prepare as-built plans based on information obtained from the contractor and City to reflect routine field changes that occurred during construction.
Task
1 1
2 3
4 5
6 7
8 Principal
Description Engineer
@$240 /hr
CONSUL TING SERVICES
Project Management 12
Data Gathering and Analysis 4
Investigations 4
Preliminary Design 24
PG&E Electrical Plan of Service 4
Final Design and Contract 44 Documents
Bidding Support 6
Construction Support 12
Total Task 1 Hours/Fee 110
EXHIBIT "B"
City of Reedley
Camacho Park Rehabilitation
Engineering Fee Proposal
Person-Hours
Senior Civil Staff Clerical Engineer Engineer Upland
@$220 /hr @$170 /hr @$100 /hr
80 16 20
32 20 8
24 48 8 $28,800
96 150 8
60 36 4
160 230 20
16 12 4
49 32 14
517 544 86 $28,800
Note: Hourly breakdowns for subconsultants can be provided at request of the City.
Other Direct
Krazan DL252 PHA Costs Total
$1,800 $27,000
$2,900 $15,000 $500 $30,600
$10,500 $500 $55,000
$4,400 $23,000 $1,020 $81,600
$520 $21,200
$8,600 $20,000 $940 $116,400
$2,000 $2,500 $500 $12,400
$4,500 $9,000 $1,500 $35,500
$10,500 $22,400 $69,500 $7,280
Total $379,700
PETERS ENGINEERING GROUP
EXHIBIT "C"
PETERS ENGINEERING GROUP
A CALIFOR.NIA CORPORATION
CLASSIFICATION
Principal Civil Engineer
Senior Civil Engineer
Civil Engineer
Land Surveyor
HOURLY RATE SCHEDULE
(Effective 1/1/25 to 12/31/25)
Staff Engineer
Draftsperson/Technician/Inspector
Clerical
Litigation Support
DESCRJPTION
Mileage
Travel Subsistence
Postage
Reproduction
Subconsultant
REIMBURSABLESSCHEDULE
(Effective 1/1/25 to 12/31/25)
RATE
$240/hr
$220/hr
$195/hr
$185/hr
$170/hr
$150/hr
$100/hr
$500/hr
$0.68/mile
Actual Cost + 10%
Actual Cost + 10%
Actual Cost + 10%
Actual Cost + 10%
Work requiring an accelerated schedule is subject to a 25% labor surcharge. Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
January 28, 2025
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
D Receive/Review
ITEM NO: 7 ----
ADOPT RESOLUTION NO. 2025-006 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY REVISING THE SALARY AND BENEFIT SCHEDULE FOR
UNREPRESENTED EMPLOYEES
Paul A. Melikian, Assistant City Manager~
Nicole R. Zieba, City Manager ~
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2025-006 to modify and clarify certain employment related benefits for full-time Unrepresented staff.
BACKGROUND
Benefits for unrepresented employees - those not covered by an existing collective bargaining agreement - are periodically reviewed for modifications needed to ensure that the operational needs of the organization are being met. This review has resulted in three recommended revisions.
Professional Engineer License
The city is fortunate to have qualified Engineering staff. The Assistant Engineer was recently successful in obtaining their Professional Engineer license which is not required for their position. Though not required, this license is highly desirable as it ensures that the city has another qualified engineer to take on additional responsibility and provide a critical back up to the City Engineer. The recommended addition to the benefit schedule would allow an employee who maintains an active status specifically as a Professional Engineer, to receive an incentive of 3.0% of base pay if their certification is beneficial to City business and not required as a minimum qualification of their position.
Temporary Standby Pay
The Public Works Department has been impacted by high turnover and extended recruitment timelines for streets, water, and wastewater plant positions. Many of these positions are required by the State of California to be certificated , and there exists an acute shortage of qualified public utility personnel in the Central Valley. While positions are eventually filled, these challenges are negatively impacting existing emergency standby coverage. To alleviate the work-life balance burden on existing personnel, staff are recommending that temporary standby pay be made available to supervisory employees at the amount set forth in the Memorandum of Understanding for the General Services Unit. This temporary pay would only be utilized if the number of available qualified personnel to cover an established standby rotation fall below minimum staffing requirements, as determined by the City Manager.
Anyone who is covering emergency standby duty is required to carry a city cell phone and respond after hours when needed, properly dressed for work and ready to perform needed duties within one hour of being called . This would preclude the employee from activities such as traveling or partaking of alcoholic beverages, medications, or any other substance that would impair their judgment. The current standby hourly rate is $3.00.
Holiday Work for Unrepresented Employees
Certain employees may be required to work on a recognized city holiday such as fire, police, or public works personnel. The pay rules for working on a holiday are covered by the Memorandums of Understanding with the Reedley Police Officers Association and General Services Unit. For Unrepresented employees, the city has a long-standing practice of crediting an employee's leave bank on an hour-for-hour basis if they are needed to work on a recognized City holiday; however, this practice will now be memorialized in the salary & benefits resolution for unrepresented staff.
FISCAL IMPACT
The cost of the Professional Engineer license certification pay is approximately $3,500 annually.
Temporary standby pay for supervisors would be cost neutral as the impacted division would have salary savings from the personnel vacancy, and there is no fiscal impact from memorializing the city's existing practice for working on a holiday.
ATTACHMENTS
Resolution 2025-006 Salary & Benefit Schedule for Unrepresented Employees
RESOLUTION NO. 2025-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY & BENEFIT SCHEDULE FOR UNREPRESENTED EMPLOYEES 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 Resolution established salary and benefit schedules for management, and all other unrepresented employees of the City ("Unrepresented Group").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley as follows:
ARTICLE 1:
SECTION 1:
The Master Salary Table is adopted by separate resolution which includes the salaries and ranges for the Unrepresented Group. The salaries or rates of compensation are fixed on the basis of full-time service and full-time positions, unless otherwise designated.
SECTION 2:
1. Vacation
Beginning on the effective date of this Resolution, employees who have reached the maximum accrued vacation amount of 320 hours shall not accrue additional vacation until the vacation leave accrual falls below the maximum amount.
2. Bilingual Pay
The sum of $80.00 per month shall be paid to those employees who demonstrate their ability to speak a language beneficial to the City business as approved by the City Manager. The sum of $100.00 per month shall be paid to those employees who demonstrate their ability to speak, read and write in a language beneficial to the City business as approved by the City Manager and/or his/her designee.
3. Notary Pay
Employees who are commissioned by the State of California as a Notary Public may receive a
1.0% of base pay incentive if need of their commission is beneficial to City business as approved by the City Manager.
4. Certification/License Pay
Employees who maintain an active status as a Professional Engineer (PE), Certified Public Accountant (CPA) or Certified Public Finance Officer (CPFO) designation may receive a 3.0% of base pay incentive if their certification is beneficial to City business, not required as a minimum qualification of their position, and as approved by the City Manager.
5. Cell Phone Stipend
On approval of the City Manager, employees with duties that require the use of a cell phone may receive a monthly stipend rather than a City-provided device so that a single device may be used for both personal and business purposes. Employees with duties that generally only require use of voice (call) and text features may receive a $75.00 monthly stipend; whereas employees whose duties also require access to e-mail, calendar and data applications may receive a $150.00 monthly stipend. The stipend will be considered taxable income to the employee. Employees receiving the stipend must comply with all applicable laws pertaining to the Public Records Act.
6. 7.
Safety Boots
On approval of the City Manager, employees whose positions require a majority of their time to be spent working where safety is a concern or direct supervision of employees in the General Services Unit (GSU), may receive a reimbursement for the purchase of safety boots up to the amount as set forth in the current GSU Memorandum of Understanding. Reimbursements are made upon request and shall not occur more than once per fiscal year.
Uniform Allowance
A. Public safety employees covered by this resolution shall receive a uniform allowance of $1,200 per year, payable prospectively in one installment on the first pay period ending in July. A probationary employee shall receive prorated uniform allowance for each full month remaining in the fiscal year after the probationary period ends. If the employee leaves employment prior to June of the following year, the prorated overpayment for the fiscal year will be deducted from the employee's final pay based on the number of months left in the fiscal year.
B. All Life Safety/Code Officer Positions: Annual rate of $1,200 per year, payable prospectively in one installment on the first pay period ending in July. A probationary employee shall receive prorated uniform allowance for each full month remaining in the fiscal year after the probationary period ends. If the employee leaves employment prior to June of the following year, the prorated overpayment for the fiscal year will be deducted from the employee's final pay based on the number of months left in the fiscal year.
8. Vehicle Allowance - Executive Management
9. 10.
11. A. $600.00 per month in lieu of a take-home City vehicle. Per IRS regulation, the allowance will be considered taxable income to the employee, and is at the discretion of the City Manager.
B. The City Manager and Assistant City Manager shall receive $1,000.00 per month in lieu of a take-home City vehicle. This section shall revise the monthly car allowance amount listed in Section 6. Automobile Allowance in the City Manager Employment Agreement dated August 22, 2011.
Salary & Stipends
Employees shall receive a 3.0% COLA effective July 1, 2024.
Longevity Pay
Employees who have completed service milestones may receive longevity pay based on their cumulative full-time years of service. Longevity pay shall be pensionable and considered base pay for purposes of calculating other employment benefits and special compensation. Benefit tiers shall be as follows:
• Beginning at year 10, 5. 0% of base salary
• Beginning at year 15, 7.5% of base salary
• Beginning at year 20, 10% of base salary
Temporary After-Hours Standby Pay
Temporary Standby Pay may be paid to supervisory employees at the amount set forth in the Memorandum of Understanding for the General Services Unit if the number of available qualified personnel to cover an established standby rotation fall below minimum staffing requirements, as determined by the City Manager.
Resolution No. 2025-006 2
SECTION 3: Benefit Schedule for Management Employees
1. Management Groups Designation by Job Title
a. City Manager*
City Manager may receive additional benefits, by contract, which are not specified within this resolution .
b. Assistant City Manager*
c. Executive Management*
Chief of Police
City Clerk/ Executive Assistant to the City Manager
City Engineer (Department Head)
Community Development Director
Community Services Director
Fire Chief
Public Works Director
The Executive Management positions are FLSA Overtime Exempt, at-will department heads appointed by the City Manager and are part of the Unclassified Service as provided in the Personnel Policies and Procedures.
d. Mid-Management*
Accounting Manager
Accountant
Assistant Engineer
Assistant Water System Supervisor
Assistant Wastewater System Supervisor
Fire Battalion Chief
City Building Official
Capital Projects / Airport Manager
City Engineer (Division Head)
City Planner
Facilities Supervisor
Fire Lieutenant
Management Analyst
Police Lieutenant
Public Works Manager
Recreation Coordinator
Recreation Supervisor
Roads and Grounds Supervisor
Senior Accountant
Senior Citizen Coordinator
Senior Human Resources Analyst
Senior Management Analyst
Senior Planner
Water System Supervisor
Wastewater System Supervisor
*The titles above do not reflect filled , vacant or frozen status. Except as otherwise indicated, these positions are FLSA Overtime Exempt positions.
Resolution No. 2025-006 3
2. Benefit Schedule for Management Employees
a. City Manager. Assistant City Manager & Executive Management 1) Leave
a) Administrative - 10 days/fiscal year; cannot be accumulated or carried over from fiscal year-to-year. Administrative Leave for new hires shall be prorated based on full quarters left in the fiscal year. Upon receiving a positive annual performance evaluation, Executive Management staff may receive up to three additional days at City Manager's discretion. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's 457(b) plan, if so established. Upon separation, the employee may elect this option. b) Vacation - Accrual of vacation time based upon:
12 days/year for the first two years
13 days/year beginning with the 3rd year
14 days/year beginning with the 4th year
15 days/year beginning with the 5th year
16 days/year beginning with the 6th year
17 days/year beginning with the 7th year
18 days/year beginning with the 8th year
19 days/year beginning with the 9th year
20 days/year beginning with the 10th year
At the City Manager's discretion, vacation accrual for Executive and MidManagement positions may include credit for prior public agency service. c) Vacation Buy-back - The City encourages employees to use earned vacation time. However, circumstances may arise in which an employee does not use accrued vacation time. Employees may have up to eighty (80) hours of accrued vacation time bought back by the City. Employees are limited to two buy-backs per fiscal year, not to exceed 80 hours. To be eligible for vacation buy-back, an employee must have an accrued vacation balance of at least 120 hours after the buy-back. Any employee choosing to participate in this benefit shall provide the City with at least 14 days advance written notice. Upon separation, the value of unused Vacation time may be contributed to an employee's 457(b) plan, if so established. d) Sick - Accrual of sick leave time at the rate of 12 days/year. e) Funeral - Three days paid leave/year as approved by the City Manager. f) Holidays
New Year's Day
Martin Luther King, Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran 's Day
Thanksgiving Day
Resolution No. 2025-006 4
Friday after Thanksgiving
Christmas Eve
Christmas Day
Floating Holiday (must be used annually on a fiscal basis by June 30th or lost)
Admission Day Floating Holiday cannot be accumulated or carried over from calendar year-to-year.
Paid holidays falling on a Saturday shall be observed on the preceding Friday. Paid holidays falling on a Sunday shall be observed on the following Monday.
Employees who are approved to work on a paid holiday shall receive an hour-for-hour, or porlion thereof, equivalent posted to their floating holiday accrual. All floating holiday accrual balances must be used by June 30th•
2) Health and Welfare
Resolution No. 2025-006
a) Medical - City shall maintain medical coverage and shall pay the average of the two lowest premium plans of the employee and qualified dependent care premiums. The amount of the medical plan premium that exceeds the City's maximum contribution amount shall be the responsibility of the employee to pay through payroll deductions.
b) Dental - City shall provide and maintain current dental coverage and benefits through an authorized provider. City will pay 100% of premium for employees & dependents.
c) Vision - City shall provide and maintain current vision coverage through an authorized provider. City will pay 100% of premium for employees & dependents.
d) Life
e)
f)
g)
h)
i. 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
Long-Term Disability - 100% of premium paid by City.
Unemployment - In accordance with State law.
Worker's Compensation - In accordance with State law.
Cash-In-Lieu of Benefits Option
Employees may voluntarily enroll in the Cash-In-Lieu of Benefits program if they have alternative medical, dental, or vision coverage not provided by the City. The program will run from January 1st to 5 b.
December 31st annually. Employees will receive monthly in-lieu payments as taxable income and reflected in withholding contributions on their paycheck. Employees may be eligible to re-enroll in City benefit plans only during the Open Enrollment period or within 30 days of:
Family Unit change due to marriage, birth, or adoption; Loss of other coverage; Court or administrative order; Reemployment after Military service. Cash-in-Lieu amounts will be set at $300.00 per month for medical, $40.00 per month for dental, and $10.00 per month for vision coverage. Employees must re-enroll and show proof of alternative coverage annually.
3) Retirement
a) Social Security - In accordance with Federal law. City shall only pay 100% of the employer contribution. The employee contribution shall be deducted from the employee's paycheck.
b) Cal PERS 'Classic' Members- Employees defined by CalPERS as 'Classic' members shall have a 2.0% @ Age 55 Miscellaneous and 3% @ 55 for Safety group employees tier retirement packages with the California Public Employees Retirement System (CalPERS). 'Classic' members shall pay 100% of the 'employee' member-paid pension contribution rate as a percentage of payroll, as set by CalPERS.
c) CalPERS PEPRA Members - PEPRA members shall have a 2.0% @ Age 62 miscellaneous tier retirement package with CalPERS, and shall be responsible for payment of their member contribution rate as a percentage of payroll. CalPERS will review the member rate once a year when the actuarial valuation of the City's plan is performed. Should CalPERS revise the member contribution at any time, the City shall comply with law by adjusting contribution rates of new members.
Mid-Management
1) Leave - Same benefits as those listed above for Executive Management, with the exception of:
a) Mid-Management FLSA Exempt Employees - Administrative Leave, five days/fiscal year; cannot be accumulated or carried over from fiscal year-toyear. Administrative Leave for new hires shall be prorated based on full quarters left in the fiscal year. Upon receiving a positive annual performance evaluation, Mid-Management staff may receive up to two additional days at supervisor's recommendation to the City Manager, who shall have final approval authority. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's 457(b) plan, if so established. Upon separation, the employee may elect this option.
2) Health and Welfare - Same benefits as those listed above for Executive Management.
3) Retirement - Same benefits as those listed above for Executive Management.
Resolution No. 2025-006 6
SECTION 4: All Other Unrepresented Employees *
1. All Other Unrepresented Employees Designation by Job Title Accounting Technician I
Accounting Technician II
Administrative Assistant
Assistant Planner (FLSA Overtime Exempt)
Associate Planner (FLSA Overtime Exempt)
Building Inspector I
Building Inspector II
Building Permit Technician
CAD Technician
Community Development Technician
Engineering Assistant
Engineering Technician
Executive Assistant
Facilities Coordinator (FLSA Overtime Exempt)
Human Resources Analyst (FLSA Overtime Exempt)
Human Resources Technician
Life Safety / Code Officer
Recreation Site Lead
Senior Building Inspector
Senior Engineering Assistant (FLSA Overtime Exempt)
Senior Life Safety / Code Officer
Staff Assistant
*These positions are FLSA Overtime Non-Exempt positions unless specifically designated as FLSA Overtime Exempt.
2. Benefit Schedule for All Other Unrepresented Employees a. Leave - Same benefits as those listed above for Executive Management, except as follows:
1) All Other Unrepresented Employees (FLSA Overtime Exempt) - Administrative Leave, 5 days/fiscal year; cannot be accumulated or carried over from fiscal year-to-year. Administrative Leave for new hires shall be prorated based on full quarters left in the fiscal year. Unrepresented employees in this category, upon receiving a positive annual performance evaluation, may receive up to one additional day of Administrative Leave at supervisor's recommendation to the City Manager, who shall have final approval authority. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's 457(b) plan, if so established. Upon separation, the employee may elect this option.
2) All Other Unrepresented Employees (FLSA Overtime Non-Exempt) - No Administrative Leave, except that upon receiving a positive annual performance evaluation, employees in this category may receive up to one day of Administrative Leave at supervisor's recommendation to the City Manager, who shall have final approval authority.
3) All Other Unrepresented Employees (FLSA Overtime Non-Exempt) - Accrual of Comp Time, capped at 80 hours, or Overtime pay at 1.5 times the hourly rate for time worked in excess of a 40-hour workweek.
Resolution No. 2025-006 7
b. Health and Welfare - Same benefits as those listed above for Executive Management. c. Retirement - Same benefits as those listed above for Executive Management.
ARTICLE 2: The salary and benefits outlined herein shall remain in effect beginning January 29th unless modified or repealed by resolution. All prior resolutions concerning compensation or benefits for the Unrepresented Group which are in conflict herewith are hereby repealed.
This foregoing Resolution was duly passed, approved, and adopted this 28th day of January, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution No. 2025-006 8
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
January 28, 2025
D Consent
IZI Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 6 ----
APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A LEASE OF
AIRPORT PREMISES WITH PAUL AND DONNA HUEBERT FOR
BICYCLE MOTOCROSS (BMX) TRACK OPERATIONS
Sarah Reid, Community Services Director
Nicole R. Zieba, City Manag~
RECOMMENDATION
Approve and authorize City Manager to sign a Lease of Airport Premises with Paul and Donna Huebert for Bicycle Motocross (BMX) Track Operations. This agreement allows for use of the Reedley Airport property for BMX events and trainings. This property is unused for aviation purposes and serves as a revenue generator for the Airport enterprise fund.
EXECUTIVE SUMMARY
The lease agreement with Airtime BMX expired on December 31, 2024. During the term of this past agreement, two amendments came before the City Council. The First Amendment in August of 2021, expanded the Reedley Municipal Airport property used by BMX and adjusted the rent amount accordingly for the extra space. The Second Amendment in July of 2023, expanded the Reedley Municipal Airport property again for BMX use and adjusted the rent accordingly. Staff and Airtime BMX have recently reviewed the terms of the agreement with the two amendments, and there are no proposed changes in the presented draft agreement.
The City of Reedley has obligations to the Federal Aviation Administration (FAA) associated with the funding received for the Reedley Municipal Airport capital improvement projects. One of the obligations is that any agreement on airport property have one-year terms with automatic renewals not exceeding a total of five years without City Council action. The relationship between the City of Reedley and Airtime BMX continues to serve both parties well and staff would like to continue allowing the use of the Reedley Municipal Airport property for BMX events and trainings.
BACKGROUND
On August 23, 1995, the City of Reedley entered into a lease agreement with Airtime BMX which allowed the construction of a BMX track in the southwest corner of the Reedley Municipal Airport property. Through the years, Airtime BMX has provided a place for hundreds of children and adults to participate in the bicycle racing. In December 2013, the FAA contacted the City of Reedley voicing concerns of having a non-aeronautic use at the Reedley Municipal Airport.
When a non-aeronautical use is on airport property the lease must require for fair market value rent. Through the years of 2013-2014 the City of Reedley worked with the FAA to come up with an agreeable fair market value rent and the FAA required additional language to be added into the agreement. At this time there was a survey of all BMX tracks in the surrounding area and only one track was paying a rent which could justify the amount agreeable to the FAA.
Since that time, the rent is looked at annually and increases are recommended depending on the Consumer Price Index (CPI) with a maximum 2% increase.
FISCAL IMPACT
This agreement will bring the annual revenue to $4,482.50 with the option of an annual maximum increase up to 2% for the duration of the term.
PRIOR COMMISSION ACTIONS
The Airport Commission recommended approval for the Lease of Airport Premises for Bicycle Motocross Track at its meeting on January 16, 2025.
ATTACHMENTS
City of Reedley Lease of Airport Premises for Bicycle Motocross Track 2 CITY OF REEDLEY
LEASE OF AIRPORT PREMISES
FOR BICYCLE MOTOCROSS TRACK
This Lease Agreement (hereinafter "Lease"), made and entered into effective January 28, 2025, by and between the City of Reedley (Lessor), a political subdivision of the State of California, and Paul and Donna Huebert, as individuals, operating an authorized track of the American Bicycle Association in Reedley, California (Lessee). Lessor and Lessee enter into this lease in consideration of each and every term hereof; and expressly acknowledge that this lease supersedes in all respects any prior written and/or oral agreement(s) between them.
1. Description of Leased Premises. Lessor hereby leases to Lessee those premises at the Airport, more particularly situated and described in "Exhibit A" Resolution NO. 2021-11 attached hereto and incorporated by this reference. The real property leased and all appurtenant improvements, whether initially included or later constructed, installed or supplies in accordance with this lease.
2. Term. The term of this lease shall consist of a term of one (1) year expiring at midnight on December 31, 2025. Lessor may extend this Lease for up to four (4) additional 12-month periods, with notification in writing signed by both parties prior to the subsequent Lease period. Under no circumstances will this agreement be extended beyond December 31, 2030 without City of Reedley City Council approval.
3. Rental and Other Consideration. Rent shall be paid in equal amounts in June and December of each year at the rate of $4,482.50 annually. At the end of each year the Lessor will evaluate the rent amount and may implement a maximum of a 2% increase to keep with "Fair Market Value".
4. Improvements. All permanent improvements shown or otherwise described on "Exhibit A" are the property of Lessor, or otherwise defined as all excavations, trenching, grading, paving, concrete work, utilities, conduits, wiring, tanks, drains, plumbing, culverts, fencing, landscaping, structures, equipment, facilities or fixtures to the real property leased, whether initially included or later constructed, installed or supplied in accordance with this lease. Lessee's goods, materials, parts, supplies, inventory, personal items, portable tools and equipment, vehicles, and business records shall not be considered "improvements". Per Lessee's request, consideration will be given to allowing removal of the fence around the BMX track which was installed by Lessee. All improvements, with the exception of track improvements, will need prior written approval of the Airport Manager.
5. Use/Services Provided. Lessee shall use the premises only for the operation and maintenance of a bicycle motocross track, consistent with all conditions as described in "Exhibit A" Resolution NO. 2021-
11. Lessee shall not use, or permit to be used, the premises or any part thereof for any purpose other than the purpose for which the premises are leased. Lessee shall have the right to use Premises for the following purposes:
• Bicycle motocross events and training
• Food Services, including operation of vending machines • Maintain, service, & repair equipment associated with the operation • Safely store and supply fuel, oil, equipment & supplies as needed • Install City-approved signs and advertising visible to the public promoting Lessee and/or sponsors • Conduct any other lawful activity incidental to the service, repair, sales and rental services Lessee shall require that any vendor conducting business on the premises has a valid current City Business License.
Lessee shall submit to Lessor by February 1st each year of this Agreement, a schedule including hours of operation, events and activities. Subsequent changes to this schedule must be re-submitted.
6. Termination. Prior to the end of Lease, Lessee may terminate this lease upon 30 days prior written notice if any law, statute, ordinance, rule or regulation should be imposed by any federal, state, county, or local agency, which makes the operation and maintenance of a bicycle motocross track impossible or impractical to operate due to safety and/or economic reasons, or if Lessor further develops the airport in such a manner which makes the operation of Lessee's business impossible or impractical to operate due to safety and/or economic reasons. Prior to the end of Lease, Lessor may terminate this lease at any time upon 30 days prior written notice, with or without cause.
7. Maintenance of Premises. Lessee shall at all times keep the premises in a neat, safe, and sanitary condition, and free of weeds and other noxious growth, and shall at all times conduct its operations hereunder in strict compliance with all applicable and pertinent laws, statues, ordinance rules and regulations of all governmental entities and agencies. Lessee shall further keep and maintain the premises in good order, condition and repair, reasonable wear and tear and damage by the elements excepted. Lessee shall take all reasonable precautions to protect the premises from weather or other damage, theft, vandalism and other such hazards. Lessee shall keep and store out of sight all materials, supplies and products brought upon the premises, whether for sale, use, or otherwise. Lessee shall keep and store out of sight all equipment brought upon the premises to the extent the premises are capable of storing or housing said equipment. Lessee shall also be responsible for lawful removal and disposal of all trash, refuse, debris and any other waste products arising from Lessee's use or occupancy under this lease. Additionally, Lessee shall comply with Lessor directives and regulations relative to noise, lighting, dust, and other conditions with affect surrounding properties and uses.
8. Licenses, Fees, Taxes and Utilities. Lessee shall assume responsibility for and shall pay all federal, state and local license costs, fees, and taxes (including any possessory interest taxes) as well as all utility charges and costs arising out of or in connection with this lease, including but not limited to charges for light, power, water.
9. Non-exclusive Use. Lessee does not have or enjoy, and may not grant, any exclusive rights of any kind which are forbidden by the Federal Aviation Act of 1958, or which are forbidden by any other applicable or pertinent law, statute, ordinance, rule or regulation of any governmental entity or agency.
10. Indemnification. To the furthest extent allowed by law, Lessee shall indemnify, hold harmless and defend City, and each of their officers, officials, employees, agents and volunteers (hereinafter referred to collectively as "City") from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by City, Lessee or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of Lessee's: (i) occupancy, maintenance and/or use of the Leased Premises; and/or (ii) performance of, or failure to perform, this Lease. Lessee's obligations under the preceding sentence shall apply to any negligence of City, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of City.
Lessee's occupancy, maintenance and use of the Leased Premises shall be at Lessee's sole risk and expense. Lessee accepts all risk relating to Lessee's: (i) occupancy, maintenance and/or use of the Leased Premises; and (ii) the performance of, or failure to perform, this Lease. City shall not be liable to Lessee for, and Lessee hereby waives and releases City from, any and all loss, liability, fines, penalties, forfeitures, costs or damages resulting from or attributable to an occurrence on or about the Leased Premises in any way related to the Lessee's operations and activities. Lessee shall immediately notify City of any occurrence on the Lease Premises resulting in injury or death to any person or damage to property of any person.
The provisions of this Section shall survive termination or expiration of this Lease. 2 11. Insurance. Throughout the life of this Lease, Lessee shall pay for and maintain, either individually or through the American Bicycle Association, in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by City's Risk Manager. The following policies of insurance are required:
Commercial General Liability
a. Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance SeNices Office (ISO) form CG 00 01, in an amount not less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations. The policy shall include a per location general aggregate endorsement. If a per location endorsement is not available, the limit for the general aggregate shall be doubled.
b. The policy shall allow and be endorsed as primary and not seek contribution from the City's coverage.
c. The policy(s) shall provide and be endorsed to include, the City, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 1 O (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations.
d. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided to the City.
e. Coverage shall state that Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except wit~ respect to the limits of the insurer's liability. f. Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
Business Automobile Liability
a. Lessee shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than $1,000,000 per accident.
b. The policy shall provide and be endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds. c. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.
Umbrella or Excess Liability
a. The limits of liability-for commercial general liability and automobile liability may be provided through a combination of primary and umbrella or excess liability policies provided each policy complies with the requirements set forth in this agreement. Excess policies shall be follow-form to the underlying policies.
Umbrella or excess policies shall include City and its officers, officials, employees, agents, and volunteers as additional insured.
Workers' Compensation and Employers' Liability - Statutory a. Lessee shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for all persons employed directly or indirectly by Lessee. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by 3 disease-each employee. No proprietor, partner, executive officer, or member shall be excluded. b. The insurer shall allow, and be endorsed to waive all rights of subrogation against City and its officers,
officials, employees, agents, and volunteers.
c. The requirement to maintain Statutory Worker's Compensation and Employer's Liability Insurance may be waived by the City upon written verification that Vendor does not have any employees.
All Coverages
a. Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Lessee. b. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice, has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Lessee shall provide written notice to the City of a cancellation no later than three business days before cancellation. c. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
d. Evidence of Insurance - Prior to commencement of work, the Lessee shall furnish the City with certificate(s) of insurance evidencing compliance with the insurance requirements above. All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements. The Vendor shall provide complete or certified copies of all required insurance policies if requested by the City. e. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
f. Hired Parties - If Lessee uses subcontractors or other parties to provide materials, services, or perform construction or other work, the Lessee must enter into a written and executed contract or agreement with each of its subcontractors, vendors, agents, subconsultants and/or any other parties, collectively, "hired parties". The contract or agreement must contain a defense, indemnification and hold harmless provision in favor of the City and its officers, officials, employees, and agents. The contract or agreement shall also cause the hired parties to comply with the insurance requirements required of the Lessee, including providing an additional insured endorsement for ongoing and completed operations in favor of the City and its officers, officials, employees, and agents. Vendor shall obtain certificates of insurance and additional insured endorsements from each of its hired parties and provide a copy to City upon request.
12. Non-Assignment. . Lessee shall not encumber, assign or sub-lease any rights or duties under this lease without the written consent of Lessor. Any change in ownership (voluntary, involuntary, by operation of law, or otherwise) of the controlling interest of Lessee from the signer(s) of this lease, shall be deemed an assignment subject to this paragraph. Consent to encumbrance, assignment and/or sublease shall not be unreasonably withheld.
13. Licenses, Independent Contractor Status. All of Lessee's employees, officers, agents, assigns and sub-lessees shall be licensed when required by law. All shall be officers, agents, employees, 4 assigns and sub-lessees of Lessee only, as an independent contractor; and they shall not in any instance be, or be construed to be, officers, agents, employees, assigns or sub-lessees of Lessor.
14. Lessor Control. It is understood and agreed that general control over the Airport and all flying activities in connection therewith are vested by law in Lessor acting by and through its Council, committees and officers, agents, and employees except as the same are subject to other local, state, or federal laws, rules, or regulations. In the operation of any activity conducted under the terms of this lease or otherwise, Lessee shall comply with all reasonable rules and regulations adopted by Lessor for the use and operation of the airport which are not in conflict with the terms of the lease.
15. Lessor's Reserved Airport Rights. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance, provided any such development or improvement does not encroach upon the premises. Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. There is hereby reserved to Lessor for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises hereby leased, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operation on the airport.
Lessee shall not erect nor permit the erection of any structure or object nor permit the growth of any tree on the premises which will exceed the limits established by, or violate any restriction of the Airport Hazard Zone of the Airport as it is designated from time to time. Lessee shall not use the Airport or the premises in any manner which might interfere with the operation of aircraft on or about the Airport or in any manner which might otherwise constitute a hazard.
16. Continue Airport Operations. Within its financial constraints and subject to acts beyond the control of Lessor, the Lessor does hereby obligate itself during the term hereof to continue the operation of said airport as a public airport, consistent with public regulations. If the Airport is temporarily closed by lawful authority (other than weather closures), the term of this lease shall be extended for the same period of any such closure, and all rental payments hereunder shall be abated during such closure.
17. Damage to Premises. If the premises are damaged from any cause, Lessee shall forthwith repair the same within 120 days and this lease shall continue, except that rent shall be reduced proportionately during the repair period to the extent the making of repairs interferes with Lessee's business. If damage to the premises exceeds 50% of the total replacement cost of all improvements then existing; or if such damage cannot be repaired within 120 days, Lessee may terminate this lease by giving notice thereof within 15 days of such damage. Lessee shall maintain casualty insurance to Lessor's satisfaction to guarantee performance of these obligations, the proceeds to be payable jointly to Lessor and Lessee or their order, with the total of all proceeds to be payable to Lessor alone should Lessee elect to terminate under this clause.
18. Entry/inspection of Premises/Records. Lessor shall have the right to enter the premises at reasonable times and places for the purpose of inspection and/or abatement of any nuisance or cure of any breach. Lessor shall also have the right to inspect and audit all records, books, and accounts of Lessee pertaining to this lease.
19. No Change or Improvement Without Approval. Except as otherwise expressly provided in this Lease, Lessee shall not make any other change, alteration or improvement to the premises without the prior written consent and approval of Lessor. Any change, alteration or improvement shall be made at Lessee's sole cost and expense unless Lessor otherwise agrees in writing.
20. Holdover. If Lessee remains in possession of the premises after expiration of the initial or any 5 extended term without a new lease being negotiated, such occupancy of the premises shall be on the same terms and conditions as provided herein, except that it shall be on a month-to-month tenancy basis.
21. Eminent Domain. If the premises are taken by eminent domain, whether by Lessor or otherwise, this lease shall terminate. The proceeds of any award shall be divided between Lessor and Lessee in accordance with their respective interests as determined by the Court.
22. Right to Premises Upon Termination. The premises shall become the sole possession of Lessor upon expiration of the initial or any extended term provided by this lease ( or upon any sooner termination thereof) without any further compensation by Lessor to Lessee. Lessee shall promptly remove all items from the premises that are not improvements. Lessor may require Lessee to remove any or all improvements from the premises at Lessee's expense, in which case Lessee shall promptly remove the improvement(s) as directed and shall restore the premises to their prior condition.
23. Attorneys' Fees. In the event suit shall be brought for enforcement of this lease, reasonable attorneys' fees shall be awarded the prevailing party by the Court.
24. Surrender of premises. Lessee accepts the premises in "as is" condition and agrees, upon the expiration of the lease or any sooner termination, to peacefully and quietly yield up and surrender possession of the premises to Lessor, in as good order and condition as reasonable wear and tear and damage by the elements allow.
25. Notices. All notices to be given to Lessee may be given in writing, personally or by depositing the same in the United States Mail, postage prepaid, and addressed to Lessee at said premises, whether or not Lessee has departed from, abandoned, or vacated the premises. Notices to Lessor shall be given to the Airport Manager.
26. Subsequent Parties/Time. All the terms and conditions of this lease shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the Lessor and Lessee. Time is hereby declared to be of essence in this lease.
27. Subordination. This agreement shall be subordinated to the provisions and requirements of any existing or future agreements between Lessor or the County of Fresno, and the State of California and/or the United States, relative to the operation, maintenance, or development of the Airport.
28. Federal Aviation Administration (FAA) Provisions. The lessee for himself, his personal representatives, successors in interest, and assigns as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. (The airport sponsor shall insert the paragraph above in all airport contracts, leases, subcontracts, subleases and other agreements at all tiers, AC 150/5100-15A.) The lessee by accepting this lease agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or building nor permit object of natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of Title 14 CFR Part 77. In the event the aforesaid covenants are 6 breached, the owner reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offending natural growth, all of which shall be at the expense of the lessee.
The lessee by accepting this lease agrees for itself, its successors and assigns that it will not make use of the leased premises in any manner that might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the owner reserves the right to enter upon the premises hereby leased and cause the abatement of such interference at the expense of the lessee.
The lessee will conform to airport and Federal Aviation Administration safety and security rules and regulations regarding use of the airport operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass airfield safe driving instruction program when offered or required by the airport; and will be subject to penalties as prescribed by the airport for violations of the airport safety and security requirements.
For the Lessor
Nicole R. Zieba, City Manager
City of Reedley
Date
Attested:
Ruthie Greenwood, City Clerk
Date
For the Lessee
Paul Huebert
Donna Huebert
Attachments: Exhibit A - Site Plan Review No. 247-1-96 for the BMX Track Facilities Exhibit B - Airport Layout Map Showing BMX Facility
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CONDfflOl:'!S 'rO 'fl.IE ,AJPP.;R.OV,A]L OW srJ:E PLAN ~W.NQ· • . 247 .. 1 .. 9.6FORA I>ROPOSElil 18m TRACK ON Am]p.OJRT JPROFEI.TY LOCATED AT 4557· s~: ~OOD A VENUE.
1. A detailed landscaping plan shall be approved by the City of R.eedl~y shoWing the focation, type, size; and botamc!!l name Qf i?larits/trees aild methods of irrigation. The lands~aping pl~ shall be prepared by a Jicensed lailciscape ~ct or other qualified persqn approved by the Cify' of Reedley.
The ground shall bem~ weed free an4, icept weed free. All landscapmg ~roveniems _shall comply with the approved plan and shall be installed in accordance with a schedule approved by the Coll1lllunity Services Director.
i. All lighting shall be hooded aI¥l located so as to deflect light away from adjoining. properties.
3. Any change in the approved project site design and layout must be reviewed ~d appre>ved. by the Coinmuuiey" Development Departmen~ prior to the issuance of a buildin~ permit.
4.. Prior to the :issuance of any building permit; the developer shall provide to the City written certification.of payment of~ Canyon Unified School facilities fees adopted according to law at the time a complete application •for the bnildmg permit is submitted to and accepted.by the City. I
5.. ~ J>lanBeview approval shall become void one year following the date of approval unless. prior to the expiration of one year, constrgction is commenced and diligently pursued toward completion of gie site or structure which was the subject of the-site plan. Approval may be e~ded for an additional period o.r periods of one year npon written application to the f1.nmnumity Development Pirector bef'Qre expn.tion of the first approval.
6~ All open and unlandscaped portions of the lot shall be maintained in good condition, free from weeds, dust, trash, and debris.
7. Approval does not authorize any deviation from the fire and building code.
8. Detailed plans, drawn to scale, showing the buildings and any electrical, plumbing and mechanical facilities, as well as the proposed gr~ding, shall be submitted to the Building Department prior to obtaining a building.permit. ·
9. Handicapped parking spaces shall be a minimum of 14 feet in width and clearly identified on the site.
The number of ru.mdicapped spaces shall be detemrlned in accordance with Title 24, California Code of Regulations (CCR) (available in the City Build~g Department].
10. An accessible route of travel shall be provided throughout the project for the physically disabled, as required by CCR Title 24.
1L Fire extinguishers shall be installed in accordance with the Uniform Fire Code. Consult with the Reedley Fire Chief for number and locations.
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i2. Existing natural drainage flow shall be maintained withirithe proposed site. Design of any drainage structures shall be approved by the .City Engineer. Any ·changes in drainage shall requii:e a grading an<! drainage plan de$igned by a J;"egi~tere.cl Civil Engmee;r. lf a gl'ading an4. ~e plan is required, Fresno County shall $0 review and approve the plan.to ensure tba.tptoperties under the Countyis jurisdiction and adjacent to the development s1te are not adversely impacted in the event of increased storm water run:-0ff.
13. .Arrangements shall be made with the Community Services Ditectorfor removal of trash-from the site. Site shall be kept free oflittet at ali times. ·
14. The d~eloper sball install and maintain minimum 6-:foot high chain-lirilc fencing around the ·entire BMX track site and parking lot.
JS. The propos~ BMX site parking lot &hall not·be 1.Itiliz~ as an overnight recreational veb.ful~/camper facility or storage area nor $llall tll~ track op~tors· advertise the same. 1~. The developer shall incorporate dust and erosion control measures into the construction phase of the project. The City Engineer shall review and-approve said measures prior- to the initiation of grading for the BMX track' ~d parking .lot.
11. An operational statement shall be provided to the Community Developme.Iit Director descnomg the ~ours of operati~ numbet of events, days the eventS will be ,held, number of entries· allowed, . estimate of the number of people in attendance, etc. The operational statement sfuill be reviewe«l and approv~ by the Conmn,mity D~el~ Director.
i 8. The developer shall contact and comply with ·all review and ap_ptovd procedures requ~d by the Fresno County CommUDifv Health Department, EnvirODIDeutal Health System, prior to the issuance of building _permits. Provision of food services and mmiber of portable toilets to· be provided on~site shall comply with requirements of the Couniy Health Deparfment and City Building Department.
19. If cultural/archaeological materials or human remains are unearthed during grading or construction activities, workIIiust immediately be halted in the vicinity of the find, and the CoiDDUlility Services Director shall be immediately notified. The CoIII.IDllirli:y Services Director shall then initiate proceedings as specified in the "Negative Archaeological. Survey Report" dated April 7 :1. 1996, and prepared by Dr. James S. Kus, Consulting Archaeologist.
20. The parking lot and dpveway shall be paved, covered wifu gravel, or other dust-inhibiting surface approved by the City Engineer and Comm.unity Services Director to control dust generation.
Surfacing shall be adequately maintained at all times. · 21 . The project shall be subject to the requirements of Regulation vm of the San Joaquin Valley Unified Air Pollution Control District (See attachment). ·
22. The BMX track and, if not paved, the parking lot shall be sufficiently watered to minimize dust generation. Watering of these areas shall comply with Regulation VIlI of the San Joaquin Valley Unified Air Pollution Control District and be sufficient to prevent fugitive dust from adversely impacting nearby properties. The BJY.IX track operator shall establish a watering schedule for review and approval by the Community Services Director. If dust generation occurs, the Community 2 RetumtoTOC ·-·-·-·-
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Servic~ Director may establish additional conditions, incluqing increased watering, to control dust problems.
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23. the project shallbe.subject to the Rural Residential Noise Standard established in the Noise Element of'-c:he Reedley General° :Plan(see attached excerpt). Standard_s estihlished in tlle Nois~ Element shall riot be exceeded.
24. If ~public adfu"ess system is installed, speakers shall be directed towards the center of the property to mi:nittiize potential impacts to nearby sensitive receivers· and properties.
25. B~ pl'actices and events shall not be heicl durhig times. tbat Great Western. School is in regular class ses~on. If the :B.MX track operator desires to use school facilities, mcluding parking facilities, for :J . BMX _events, the ope1:ator must obtain a facility users pen:nit-from Kings- Canyon Unified School Djstr.ict
26, DrJ.e -to DBCP cootamioafitJn, ware~ ob~dfrom. the Cizy well on· the airport propert.Y shall not be used. for-drinking or cooking. Potable water-shall be brought to. the site for drinking and cc,oldng purposes. Signs shall be placed on or ~ext to aU ~ets conne.cted to the Airport water system stating. tbat·water from these ~ts is non-potable.
As an alternative, the BMX operator can co~er placing a filtration system on the existing water system to ~ove DBCP. 11.ny filtration system used on the site shall produce water whichnieets f\: ___ \_. --. ,&;aw drinking water standaro.s and shall be approved by the Collllil1lDey Services Director prior to - J 11$e.
2.7. T.lre BMX track operator shall obtain anc1 marntain all necessary pennits from.public agellCies having jnrlsdiction over BMX track activities.
28, Initiation of use of the EMX traclc requires the satisfactory completion of all above conditions unless otherwise noted.
Attachment: Rural Residential Noise Standard
Regulation VIII of SJVUAPCD
Apnl 26, 1996
Accepted by: Patll Huebert
Paul Huebert
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CITY Of' REEDLEY
COMMUNITY DEVELOPMENT DEPARTMENT . 1733 9TH STREET .
REED.LEY; CA 93654.
(2oa) 6314200, ext 222
·,:, ... ··· ······· ]
An appr~Jon for approvah>f plans as required by Section B--11-2 ofihe Reedley Olly Code was filed on January 12. 1996. ~nd submltted by Pauf. HuefJert. This applicafi~n has-been designated as Site Plan Revfew.No~.247-1-S6 {proposed BMX track-on airport property located ~ 4§W. a :Frarifcwciod_Avenffi:)· .
Please be advised that s~.appucation is hereby approved per authority granted by Se o . .. ~3 of the Reedley Cily Code. Approval. (s granted. subject lo the attached conditions, Nwnbers 1 through~ Jabelecl" _· . .. it "A1 • • · · Approved this 2~th oay af April.1996;
A, Michael Olmos~
Oominunl~ Development Director
ACCEPTANCE.OF CONDITIONS
Oate:~·-----------~19 __
11' ___________ ....z applicant of.the above. listed Site Plan Review appRcatfon, hereby accept Cond'rtiansnumbered 1 through .28 , and do ·hereby agree to abide by. said conditions. l also aclmowledge that i am fully aware that Condition No,.2.!l states aJI conditions shall be fully compiled with prior to issuance of any Certificate of Occupancy unless other arrangements have been made In w.itingwlth the Community Development Director.
Sign~ure:,.......--~----------- Title:,_,__ ______________ _ Company::.--~------------
TO THE ATTENTION OF THE APPLICANT:
Portions of Sections of the Reedfey City Code refatlng to Certificates of Occupancy are as foirows:
CERTIFICATES OF OCCUPANCY.
FOR USES OF BUILOINGS. No building hereafter ~rected, moved, enlarged, or altered shalJ be occupied, used, or changed in use until after a. CertlfiCc!te of Occupancy shall have been Issued by the Building Official. Such certificate shall be applied for coincident with the application for a building permit and shall be issued only after such bullding, entargemenf, or alteration has been completed in c6mom,ii.y with the provisions of this chapter and with an approved site plan and applicable required conditions.
BUILDING PERMLTS.
Before an occupancy permit shall be issued, all required on-site (outside the City right-of-way} and off-site (within the City right-of-way) improvements shall have been completed.
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103...:02 Develop a policy ~ewo».-?< necessary to achieve ~d maintain a healthful noi~ environment..
704 POLICIES
7~01 The standards conf.ained h.etein shall beoonsidered.ge~~al guidelines for d_~veloping and inairitaining a noise .ordinance that will-achieve the intent of this element. 704-02 In order to maintain an acceptable noise environment, the following maximum acceptable noise levels should -be established for various la11d use -designati011$:
Land Use
Ruw. Residential
Urban Residential and Noise
_- -Sensitive R~vers#
Urban Commercial . , . - - . . .... . ·: . .•. ·.
_ Urban Industrial
Daytime Nighttime
Ls,.~ L.so
SO c:ll3A · 4$ dBA :
ss so
65 6_0
70 70
Danly~
:Exterior _ ~!~rfor ·
55 dBJ\. . 45 dBA ·-
60 45
-=--
Notes: * Lso - Exterior sound level exceeded SO% of the total time. ;1:* Schools, parks, ho$pitals and rest homes.
704-03 Areas subject to an L~ greater than 60 dBA are identified as noise impact zones .. 704-04 Within noise impact zones, the City will evaluate the noise impact on development proposals. Mitigating measures, including but not limited to the following, may be required:
704-04.1
704-04.2
Setbacksp berms, and barriers.
Acoustical design of structures.
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5.t -t'on~n ofa ra~mm site. ------ -: J~~~iilr~~ of 01~ ~~ : ~:to: ~a ~e: -catitoma cod~ of "fleQtrla~farm (CCRJ Secti01la · uae;s:and 111.oa aoiw. · · S~2
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Adjacent Dtlblic aavel.f t~ds; $h«iurders & ac~oGa. : Reil~ 8020, s.~ appli@$. r11terror -uoads-of tile laridfiU site. i.ndfll1ioaC,S ~*-to off•site a~pavea p"blic r~ffs.must· · - .. b~12ved-for:iSUfflmentdlstattee.to.~1ICIW mud at'ld dirta~.cum~ton. - -~-dfop· Olf~ -•icfer!t crjruntt of·inteJ:ior mad.~ to .fimi~-car'V \\Mt:
onto the tJff~ pt.1blic rt1-&t._ Tua-~ of_iilO\ftier.d~i~ mr i~ovaGi nf ~ulatfunc is ~~hibited. U$e. ~f dry rotary brust:ies_ is pmhi•.: _ IJ~, ·w~p~wlitn p~~ Otatii;ornpariied l)y Sufficient Wetlmg~.
Au%t ao1onppJi~.
: -~ ~ :Atrt ~;or-~~ ~~-dr-i,rtue~ ~:-~ '.h.fu~v3te$~i~~:·~u~. ~;acoess ~~ ai;t~ --- or drIV~consriatAed ot lhaf(Jied_ after the-effeGtive date·thhfs ~ . · . . ~~ ~ents a~ f\1adspra\lldk1g accesdorflOt morathan ten fesfden~ i>:aved toads less 1I'latf tJ~ree mU~ . ~~ 111d ~ ~~--~ mlltr~ ~;-~I~_ ~,a.~;~ whJch. ~e tieen ·appro~, _ ~J~Jtwl)lcll~ btds.bave-~dad, -~10'tlle¢f!acti~dat,~'tlwS:ture; ga_t~dmad,own~d bya·publ1c agency .. .soecial district; ot publie -aitiitv; toad: maln1enance sr1d rcsurfacina ~-· · · · ·.· . . . -· .. : .· .. .. ~ .. • .. · . . . , . . . · ·.·:--.·_ .. . · . . . · .· .. • ·· ... 5~.f .1 . New CQ~ m¢.rrtatiw. Or ;JpptOvals m. _:~ -~ ~n~Dn-Of-~-:ffiQI\WiV a~.Trans~or-: -pawd-~ \db_ ~e.otect averaga daifv verncTe :tadm.btf .. fAASffilJlD\li"-lirie•fartha ,nndthof $boulders aM- ~ of 500 llehide~nu· mote. . -~ $fl~ Mditfr;,n,i -~ ~Jlti.ens er :alter-:
. -raaive comptianca Measures. ~y S,ply ..
-Goue,yunent Agenciet ~11mg j~cfu:tl01J ewer
pubriefy imc,inteined p:n,ed roads op~ u, publ{C
itoce:3$.,
AUeass:-5(19' of the leqnh ohha neuir wad sudace Js eontrolled :Qr, -.~_er:~~-8tst: ~j~~~, 11r "111t~rdfra' ~ i$ contn>tled. by appl~ of Wiler~ f®$1. one tiR:IB fl-~-- .~ ~n~ry. or at JeastlS,& Of 111e·1e~-Df the new· road is paved anti m~ed.
ieqolie preparation atld $.Uf)mij:tal of a written repD~ ttJ ~ - -SJVU.wt:o docr.mwntfng compliance with the. pmvi.cioaiB of thi$, - -Rule., I~~ report Jir;epared_ fbt '6& _year 1 S94and bieMial[v t~e- :~-.Ad~tfi:lnaJ .~ms -~fr•
2.0 ApPlicabi/llyt AH fn'IJ)aved vehit!e and/ot eq~pmeot parkiag a~ fbelu:lo and ~.:;,i,;e aM~ and shipping, . ~ccl~tni artd · - ~nsr~ areas which -,re of one aeru or Jarge.r in me.
~..o ~emplictz5: A~ivilks tfe$l.ribed abovl! wnlch are ~ondticUQ an si~ Jess than one acre in ~~; agricult1JraJ activ~e~ ttmb!!r ~ruestina ac:tMties; and eleposed surfaces of lake a~d ,Iver beds. 4-.i. · _-On uavs the area is ~erJ ..
PubliQ paved road.r;:, shoulders, and access w-:1yr,;
· .adjacent tQ tl're site.
App1fcatio~ of et~het ,;,~ter at lel!la~ ~~oe. dally, a ohemical dust ~uppre~nt/~bllizer in accotaance. Witt\ manufa~urerr~ recommencfatioqs for roi/J "pplii::ation~, or gravel to the entire surface.
R~l~ 802.0, 5.~ appli~.
wr.,~1,..,-~1u.u~ l
for ad'lfftfcnal infara?ta'tfom pri'iaie co1rtat.;t the ctlmp!i1i~~ dh,.Stit>fl o1 vnt1r nei:lrest D~t regW ~fflo.e.:
NOrihs,n Roulon . · Coniril &eTafl ~oll1tnam Ra!Jion ~ P:~rnan Air'i'iJWJ<t, ~~ 130 Mt;i/imo. CA $$366' 7/lOO tll!l.fU1-1na &tntCt; ~ goo rn:ienc;,, Cfl ~~;~1 2700 M st,a-ot.. Sll)to 2iS ~11fa>t9tiofd, C'A ij33¢1 . l20915'3S.1coo · •.209) 4SJ.H fQC, !BOS) 8$1-3081
__ )
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AP~-05-96 HU 08: !ill t',UiUU~
4.0 SAN JOAO.!JJIN Vl\LILE'Y UNJFUW JUnt- flOLllUT[ON CONTROL /Et!ISTRD©T IR~IG1tfon vuq Fugitiw bust/!PM .. 0 Syno1Psfs ·
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:~-cn~rii ~,~ ·~ . L . . : ·Must meeMRBiEP~: ~abilitlr ~n_d ~t/WafSt -~elltv standards~.
U~t.Nia~ am;i ·AsphaJi -~~-. · ~b~ll~IV: wi~ a~~pl~~la_I;listneUt~~'. ~e.· ·~ .'f~1t.: _:
2.0 .· ~~i~-~-d.~QU!i~ ~~v;ti~ ~~~-~ ,;~.ii~.;~-~f~ij;antiffie~ . . ~ of iaru.fflbs:Pifar to: CCd\11i~enf of Jatiifflll" operations.
4.() . · ~ lanO p~tlDn·tciau~utvte: a-apPfO"ed·pd(tt 1D the effective.date nf-tflls Ru~~~ activities;· . mamteQartef .. rJ! remo~-~vifres-of ·tess:1flan .10.00C) ~-f.eet•OJ'.·SQI)& ~ btn1ding am::~~-of D'°'IH1,tf . waterrecr.oa-bams: dmtdrying 8,-~ettil\9 pf mdimehiatv c;afci'.um carbonate ptaaipita~ OQm~~ wftb Sectioa,.5~ 1 of this:ruteis-·ndt requ[ted,whsre soil molsture. or natural t::rt.!$"tir\8 is aufffi:llentto nmit. \risible dust emisii'Qn., .. •· . . . . . .. .. . . . . . . .
L! · AD~· arc8S ·of.•~ eetiSttyctian !Jiw, ifiefuclina · · Eff~trito·stebtW.ctiuf ~ :dtM~Glons:t4b$ij1n-wate~:1 .. • stotaae.. ptfes, nQt used far seven or more ~vs.. . · . criemfc'aJ. $tabk/sUJ)pressanr, or vegetatlw: W.Ound cover. 5;.t { · :~ unpav-ed raade and t1ff:sfte ~rJ access St=l\le~tfon Q.f vl$toledustemiS$i'ot1s-(40%) utif12in11 water;. I .••~~~ · CJr ~ ~Jc8f .~llizer/stippi'es$:anf. .
6.3.. Latu~ 9featit10.: 9rublllng1 s~l'ilpmg,. e~vati~ ~.~ · 2:ffer$1e . .control of fugitive dust emissi011S mflizing me appllcatlori-: -reveling, sradiilg, cut & fiJf, anif riemcJltkm actMt{es. of water, or by )iresoafcino~ 2,.0
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Op~Ot'I of wtt:t;king balls or ~Gtlng eiiutpmem-. All. extedot surraces of a bw1ding up to a,c stories ia height shaD Ile :wetted dutiilg df:Jnalition.
f\lblkr paved ro~ shoulcJet~, and access ways
adjacent to.the site. :
limit or prornp1fy mnoiie afrl! accumulation af mud or dirt.. .:aeccmm~ use Qt paved_ apIOr.$', 9f811el strip~nrwheeEWashers..· · .· "fb8 tJ;e of blower do'1i~ for iho" ,emowt ot ac~LcmUtatbls Is. prohit.1iteu.. 1ne use of dJv ~ 11,ustms ~ prg~ exwepi;:
-~ere ~eo ~~~~ -~'-w~~rt to ~111~lfWt.eMis~on~.:
~qititr- (Jutdoot.,'laridtmg!~tora»e of bulk miterial etnittislu visibte.~ust. Adtfrtiooal l"e[Juite~. may apgjiy if~ .. pliaricti vvith this Rufe requires the installation or mcdifn:atTon ~ equipment iitider e:as:tirt~ DiStir;t permit. . . oet'hJ)tionsi Cond~ wttere. moiS"1.lte content of trie trtaterral ts Sllfficient to liRJit l{islble dtJSt emtssions; agrituliural narvesune, open air dryjng, hamffi~ or $.tor~ge or ba(l:d, ¢tl~eci, pelr~; Jang-:swnmed otnre-cteaned materiai;tilnber hanresting;. dust free materiafs: fflqtefials fess th~n 250 CJ.lbi,;: yard..-,; and rni~rs subJe~ to dama~ bv Witting.
Transport of b<Jlk. mat~al.$ In an Otrtsttle arf;?a for a d"rstanee of twelve tS\9t o~ tirestet with the U$~ ~V a ohvte ~r t'CJttvel(or deviQe. •
Materials- tr41osport-ed bv vi::hi-cl~, ~c;ept on site, !
Ourdoor storage of materiafs. greater than 250 cubic
yards. · \
Chute/conveyer must be fully ent;:lo$t?d, or spmy equipment wets · mateti~J$.fo limit visibf~ dust em~ioos (&0% opa~> .,i defined in otsil'ici fttile 4101-VIsible Emissions, ar materials conveyed are • washedr s2parated, or sereened to remov~ ·PM90•
Requirements ot rtule B0201 5.4 apply. Wet matedatto tirnitvisible cJust ~·missions (40%} .. or provide a-c reast sir incheS: flf -fteehoard St3ace fram thetop ohhe tral'lS,POrt container r OJ' C!Over ~ c:or.tainet. eifeetive stc1blllzation ofoisible dust emis..c:inns {40¼} utllfzing water, or a chemir:al stabili2ar/suppress'1t\t within ssveo days after the addition or temoval ot mate,·~1$.
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Minutes
Community Services Commission
Thursday, November 21 , 2024
1. CALL TO ORDER
The regular meeting of the Reedley Airport Commission was called to order at 4:02pm on November 21, 2024, by Sarah Reid, Community Services Director Airport Manager, in the Sierra Room at the Reedley Community 100 N. East Ave. Reedley, California 93654.
2. ROLL CALL AND GUEST INTRODUCTIONS
A. Commissioners Present: Joseph Oldham, Matthew Cochran
8. Commissioners Absent: Butch Agrifoglio, Vice Chairperson, Carl Smith, Chairperson
C. Staff Present: Sarah Reid, Community Services Director, Silvia Rodriguez, Interim Administrative Assistant; Ruthie Greenwood, City Clerk D. Others: Gary Schales, Josiah Blahno
3. OATH OF OFFICE - Gary Schales and Mathew Cochran took an oath of office, led by City Clerk Ruthie Greenwood. The oath was purely ceremonial for Mathew Cochran as no lapse of time happened.
4. AGENDA APPROVAL - The agenda was approved with an addition regarding the lease of Airport premises for BMX. Motion made by Commissioner Cochran and seconded by Commissioner Schales. Motion carried.
5. APPROVAL OF MINUTES - The minutes from the September 19th meeting were reviewed. Motion made by Commissioner Oldham and seconded by Commissioner Cochran. Motion carried.
6. PUBLIC DISCUSSION - None
7. OLD BUSINESS
A. Airpo"rt Open House - Feedback was gathered on the recent Airport Open House event. The event was successful, with a profit of over $3,000 to go into the Airport beautification account. Suggestions for improvement included managing volunteer numbers and addressing volunteer requests for airplane rides. Reid shared the current balance of the beautification account is $22,047.19. Commissioner Oldham shared about how good the pilots did during the Open House event. Commissioners evaluated the food options for this year, noting the ease of using vendors like the pizza vendor due to health department restrictions. They considered continuing with vendors for future events.
Commissioners discussed the number of volunteers during the Open House event and organizing a volunteers appreciation day to incentivize volunteers to return. The event aims to expose people to aviation opportunities, potentially leading them to pursue related studies or certifications.
8. NEW BUSINESS
Minutes
Community Services Commission
Thursday, November 21, 2024
A. Airport Pilots Lounge Floor Quote - Reid shared the exterior restroom floor in the Airport pilots lounge has moisture issues. The floor is cracking and breaking away which has created a safety concern. The solution recommended by the vendor is putting a moisture barrier down before installing the new floor. Reid, shared Amparan Flooring has quoted $3,500. Reid brought this to the Commission as the Airport beautification funds will be used for this project.
Commissioner Oldham shared that putting down the moisture barrier and following vendor recommendation is best practice. Commissioner Cochran felt this quote was too high and recommended a second quote. Commissioners agreed to explore an additional vendor to receive a second quote before making a final decision with a deadline of December 27th , 2024. If no second quote is received staff will move forward with Amparan Flooring. Motion made by Commissioner Cochran, seconded by Commissioner Schales. Motion carried.
B. 2025-2030 ACIP Update - The Federal Aviation Administration (FAA) is ready to sign off on the fuel farm project, but there is a budget discrepancy. The project engineers estimate increased from $500,000 to 1.4 million. The FAA will allow the project to proceed if local funds cover the gap. The City allocated $500,000 from COVID funds to the Airport Enterprise account, and the local match will be just under $400,000. C&S, the City's consulting firm, made an error in project estimate, creating this budget concern. C&S has four-years left in their contract and terminating it would require a new bidding process. Staff is now meeting with C&S regularly to have better communication about projects. Because of the error, the narrative update to the Airport Layout Plan (ALP) will be delayed by two years. Any new structures on the Airport must go through the FAA pen & ink approval process costing $5,000-$10,000. Commissioner Cochran recommended that C&S cover a future cost associated with a pen & ink update if the need arises since this was created by their error. Reid will make this request.
The Airport Capital Improvement Plan (ACIP) before the Commission will keep the focus on completing the fuel farm and runway projects but has shifted other projects out years to allow the City to build up the entitlement funds.
Commissioner Oldham agrees fuel issues need to be resolved as quickly as possible to prevent airport issues in the future. Motion to accept the proposed ACIP changes was made by Commissioner Oldham and seconded by Commissioner Cochran. Motion carried.
C. Hangar Waitlist Discussion - Staff would like to explore charging a nonrefundable deposit to be on the waitlist. It was recommended to see what Minutes
Community Services Commission
Thursday, November 2 l, 2024
various airports, including Chandler, Merced, Modesto, Stockton, and others are doing. There is a need to survey other airports to ensure competitive pricing for hangar rent and land leases. Reid shared Ito's hangars reverted back to the City, the rent for those hangars will increase to the City's adopted fee and the City will take over management. Consideration of future hangar development, including whether the City should build new hangars or lease the land to a private developer was also discussed. The decision is still under consideration.
D. BMX Agreement- The lease agreement will expire on December 31,2024 and needs to be renewed. There have been two amendments not to long ago, so staff is not recommending any major changes. This item will go to City Council in January. Staff will bring back to the Commission the agreement for their review at the January meeting. No action needed at this time.
9. AIRPORT MANAGER REPORT
A. Capital lmprovements-ACIP already discussed in new business, but the ACIP will go before City Council on December 17, 2024. FBO Hangar roof needs to be replaced and the new restroom joint project with Reedley College should be done by February 2025.
B. Weed Control-maintenance is currently spraying a pre-emergent in anticipation of the upcoming rain. City disced the old orange grove property to control tumble weeds
C. Landscaping/Parking-nothing to report.
D. Public Relations/Airport Promotion-Newsletter in January to tenants.
E. BMX Track-time for a new agreement. This will go to City Council the second meeting in January.
F. Hangar Vacancies- there is currently one vacancy, staff is calling from the waiting list.
G. Electric Planes/Charging Station-nothing to report.
H. Reedley College-nothing to report.
10. COMMISSIONER UPDATES - Commissioner Schales shared Reedley College currently has 5 airplanes flying. He proposes to look at what it takes to change traffic pattern to left traffic only. The proposal requires further discussion and exploration including potential FAA involvement. Commissioner Oldham shared that most local airports have left and right traffic & believes this will create a lot of confusion to the local pilots as they are used to a certain traffic pattern. Reid shared Commission needs to make a motion to bring this as a new business item for this to be explored. Commissioner Oldham shared if this is going to get done, commission must take in consideration who and what it takes for this to get approved, the costs, and everything else including to update airport facilities directories.
Commissioners agreed to bring this back as new business item. Motion was made by Commissioner Schales and seconded by Commissioner Oldham. Motion carried.
Minutes
Community Services Commission
Thursday, November 2 1, 2024
ervices Director