(a) "Account Information" is information related to a Customer or the Customer's Card or any bank account, depository account, or other account maintained by the Customer, and that is obtained by you or Submitter from the Customer's Card or any check provided by the Customer, or that is otherwise obtained by you from the Customer in connection with a Transaction (for example, an account number, a security code, a PIN number, or the customer's zip code when provided as part of an address verification system). Without limiting the foregoing, such information may include the Card account number, the bank account number, the card expiration date, the Customer's name or date of birth, PIN data, secmity code data (such as CVV2 and CVC2) and any data read, scanned, imprinted, or othe1wise obtained from the Card or any check printed thereon, or magnetically, electronically or otherwise stored thereon. (b) "ACH' means Automated Clearing House.
(c) "Card'' means a physical or virtual credit, debit card, pre-paid card, or stored value card, or any evidence thereof (e.g. account number, access number, token, code, payment credential, or other fmm factor or access device), or any device, mobile application, digital wallet or other technology, medium or method (regardless of form) used to access an account or account number associated therewith and through which Network payment services are delivered, authorized and established between a Customer and a Network, or representatives or members of a Network that Merchant accepts from Customers as payment for goods or services. ( d) "Chargeback" is a rejection, reversal or return of a Transaction you previously presented to CMS, as permitted and governed by the applicable Network Rules. The term Chargeback shall include any Return of an ECP Transaction. ( e) "Chase" is JPMorgan Chase Bank, N.A. or other entity providing sponsorship to CMS as required by all applicable Networks. Your acceptance of Network products is extended by Chase.
(f) "CMS", "we", "our" , and "us" is Paymentech, LLC, a Delaware limited liability company, having its principal office at 8181 Communications Parkway, Plano, Texas 75024.
(g) "Convenience Fee" is a charge to a Customer for the convenience of using the payment channel offered by Merchant through Submitter. (h) "Customer" is the person or entity to whom a Card is issued or who is otherwise authorized to use a Card and who initiates a payment with you relating to a Transaction.
(i) "Data Compromise Event" means an occunence that results, or could result, directly or indirectly, in the unauthorized access to or disclosure of Transactions and/or Account Infom1ation.
(j) "ECP" means electronjc check processing as a means of receiving or making payment in connection with a Transaction or Refund. ECP includes various products of a type supp01ted by CMS, including, without limitation, ACH, ARC, CCD, EFT, POP, PPD, TEL, WEB and Facsimile Draft.
(k) "Network" is any payment method provider whose payment method is accepted by you from your Customers and which is accepted by CMS for processing, including, but not lin1ited to, Visa, Inc. , MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers. Network also includes the National Automated Clearing House Association ("NACHA"), with respect to Transactions involving any credit or debit entry processed over the ACH network, and any other network or clearing house over which any ECP Transactions may be processed.
(1) "Network Rules" are the standards, bylaws, rules, and operating regulations, as they exist from time to time, of the various Networks, and includes the Secu1ity Standards.
(m) "Refund'' means any refund or credit issued for any reason, including, without limitation, for a return of merchandise or cancellation of services, and any adjustment of a Transaction.
(n) "Return" means any rejection, reversal or return of an ECP Transaction or ACH debit entry you previously presented to CMS, as pe1mitted and governed by the applicable Network Rules.
(o) "Security Standards" are all rules, regulations, standards or guidelines adopted or required by the Networks or the Payment Card Industry Secmity Standards Council relating to privacy, data secmity and the safeguarding, disclosure and handling of Account Information, including but not limited to the Payment Card Industry Data Security Standards ("PCI DSS"), Visa's Cardholder Information Security Program, Discover's Info1mation Security & Compliance Program, American Express's Data Security Operating Policy, MasterCard's Site Data Protection Program, MasterCard's POS Terminal Security program and the Payment Card Industry PIN Entry Device Standard, in each case as they may be amended from time to time.
(p) "Transaction" is a transaction conducted between a Customer and you utilizing a Card or ECP for payment in connection with the sale of goods or the lease or provision of services by you (either directly or through Submitter). Transaction may also be used to refer to the w1itten or electronic record of such a transaction, including, without limitation, an auth01ization code, settlement record, ECP file, or a credit or debit entry pursuant to and consistent with NACHA Rules which is submitted to CMS to initiate or evidence a Transaction. (q) "Transaction Receipt" means an electronic or paper record of a Transaction generated upon completion of a sale or Refund, a copy of which is presented to the Customer.
INTER.t'\J" AL PA YMENTECH USE
Merchant Name:
Full Li ability Submitter Payment [nstrume nt Processing Agreement - Rev. October 2020 Page3of7
These Ame rican Express OptBlue Program Terms and Conditions (these "Program Terms") govern the participation in and acceptance of cards through the American Express OptBlue Program, and are requirements under the American Express rules and our agreement with American Express allowing us to process transactions through the OptBlue Program. Your acceptance (or continued acceptance) of American Express Transactions subsequent to your receipt of these Terms and Conditions constitutes your acceptance hereof, which shall be deemed incorporated into the Submitter Merchant Payment Processing Instructions and Guidelines (the "Agreement"), as may have been amended, between you (the "Merchant"), and Paymentech, LLC (or its predecessor in interest, hereinafter refen-ed to as "Paymentech"), for itself and on behalf JPMorgan Chase Bank, N.A. ("Member"). Terms not otherwise defined herein have the meanings set forth in the Agreement. To the extent there exists any conflict or inconsistency between these Program Terms and the Agreement, these Program Terms will control.
In consideration of the mutual promises made and the benefits to be derived from these Program Terms, the sufficiency of which is hereby acknowledged, the Agreement is hereby amended and modified to incorporate the following additional terms and conditions:
1. AMERICAN EXPRESS OPTBLUE TERMS.
1.1 American Express OptBlue Provisions. Merchant, by participating in American Express OptBlue Program, agrees to comply with the requirements, acknowledgments and authorizations specific to Merchant's acceptance of American Express Payment Cards set f011h in this Section. Further, Merchant, by participating in American Express OptBlue Program, agrees to the limited manner described in this Section by which American Express may directly market and communicate to Merchant, or use and disclose information Merchant provides in connection with its participation in the OptBlue Program. The "OptBlue Program" is a program under which Paymentech and other eligible third party acquirers may enable small merchants (as defined by, and subject to the criteria set by, American Express from time to time) to accept American Express Payment Cards through Paymentech.
1.2 Acceptance. Merchant hereby agrees to accept American Express Payment Cards only in accordance with the terms of the Agreement and the American Express Merchant Operating Guide, as may be amended from time to time and which is located at www.americanexpress.com/merchantopguide, provided however that: (A) any Claim between Paymentech and Merchant arising from or relating in any way to these Program Terms, even if relating to acceptance of the American Express Payment Card or otherwise involving or relating to American Express (including claims to which American Express is a party or has a right to join), shall be brought in accordance with the Agreement and not the dispute resolution provisions of the American Express Merchant Operating Guide; (B) American Express's right to provide Merchant information, notify Merchant or othe1wise provide Merchant Solicitations (as hereinafter defined) shall be in accordance with Section 1.5 below and not the American Express Merchant Operating Guide; and (C) American Express's right to use Transaction Data and Merchant Data provided to American Express by Paymentech shall be in accordance with Section 1.6 below and not the American Express Merchant Operating Guide.
American Express has asked Paymentech to inform Merchant that any claim brought by Merchant against American Express, to which Paymentech is not a party, arising from or relating in any way to these Program Terms is to be resolved pursuant to the dispute resolution provisions of the American Express Merchant Operating Guide, provided that nothing in these Program Terms shall provide any grounds for Paymentech to be a party to any claim between Merchant and American Express that does not relate to these Program Terms. For purposes of the OptBlue Program, "Merchant Data" means names, postal and email addresses, tax ID numbers, names and social security numbers of the authorized signer of OptBlue Program Merchants and similar identifying information about OptBlue Program Merchants. For clarification, Merchant Data does not include Transaction Data.
1.3 Authorization. Merchant authorizes Paymentech to submit Transactions to, and receive settlement from, American Express.
1.4 Communication with Merchants. By agreeing to use the "OptBlue" service, Merchant understands and agrees that American Express may communicate with Merchant to provide information about the OptBlue Program and other programs regarding the American Express network as set forth below, including:
a. "welcome acceptance" communications;
b. communications designed to inform Merchant how to increase Customers' usage of the American Express Card (e.g. , information regarding posting of the American Express logo);
c. communications required by law or to comply with directions from American Express regulators; d. communications necessary for Merchant to fulfill or comply with offers made by American Express to its Customers; e. communications under certain circumstances where American Express seeks to transfer Merchant to direct card acceptance program with American Express because Merchant's American Express transactions are more than one million U.S. ($1 ,000,000) annually or Paymentech no longer participates in the OptBlue Program; f. communications about programs on the American Express network that are relevant to merchants participating in the OptBlue program, but do not include Solicitations (as define,d below); and g. communications about the benefits to Merchant of accepting the American Express card, but do not include Solicitations.
1.5 American Express Programs. Although American Express may send Merchant general information about American Express programs (e.g. , notifications about the occunence of American Express's "Small Business Saturday" program or the availability of American Express's "Pay with Points" program), American Express will not directly solicit Merchant to register for, purchase or othe1wise obtain products or services unrelated to the OptBlue Program ("Solicitations"). Merchant may, however, receive solicitations from American Express if it has provided the necessary data or consent directly to American Express outside the scope of these Program Terms. To register for, purchase or otherwise obtain products or services from American Express unrelated to the OptBlue Program, please contact American Express directly by visiting the website http://www.americanexpress.com/privacy or calling American Express at l-(800)-528-5200. lNTER.i~AL PAYMENTECH U SE
Merchant Name:
Full Liability Submi tter Payment lnstrnment Processing Agreement - Rev. October 2020
1.6 Disclosure of Transaction Data and Merchant Data. Merchant understands and agrees that Paymentech will disclose Transaction Data and Merchant Data to American Express, and American Express may use such information to perfo1m its responsibilities in connection with the OptBlue Program, perform analytics and create reports, to communicate with Merchant in the manner permitted above and for any other lawful purposes (other than Solicitations).
1.7 Protection of Merchant Data. American Express uses reasonable administrative, technical and physical security measures to protect the security and confidentiality of Merchant Data obtained from Paymentech under these Program Te1ms. American Express requires industry standard confidentiality and data security measures from third parties who are authorized by American Express to process data on its behalf.
American Express only shares data m accordance with its data protection privacy principles, available here:
https://www.americanexpress.com/us/content/customer-privacy-principles.html.
1.8 High CV Merchants. Merchant acknowledges that it may be converted from the OptBlue Program to a direct Payment Card acceptance relationship with American Express if and when it becomes a High CV Merchant. Merchant acknowledges that upon any such conversion, processing of any American Express Payment Card will be governed by American Express's then cunent card acceptance agreement (and not these Program Terms) and American Express will be solely responsible for setting pricing and other fees payable by Merchant for acceptance of any American Express Payment Card.
1.9 No Assignment of Payments. Merchant will not assign to any third party any payments due Merchant under these Program Terms. All indebtedness arising from charges will be for bona fide sales of goods or services ( or both) at Merchant's establishments and free of liens, claims and encumbrances other than ordinary sales taxes. The prohibition on assigning payments due Merchant, however, does not apply to the sale of Transaction receivables to Paymentech, its Affiliates or a partner of Paymentech or its Affiliates that provides cash advance funding.
1.10 Refund Policies. Merchant acknowledges that its refund policies for purchases American Express Payments Cards must be at least as favorable as its refund policy for purchases made on Payment Cards of other Payment Brands. Merchant agrees to disclose to holders of American Express Payment Cards the refund policy at the time of purchase and in accordance with Applicable Law.
1.11 Collection for Cardholders. Merchant may not collect or attempt to collect from any holder of American Express Payment Cards for any purchase or payment on an American Express Payment Card unless: (A) the charge has been charged back to the Merchant; (B) Merchant has accepted/paid the charge (i.e., no Chargeback reversal has been processed); and (C) Merchant has a right to collect or attempt to collect funds to recover unpaid amounts lawfully owed to Merchant by such holder American Express Payment Cards.
1.12 NOTICE REQUIRED BY AMERICAN EXPRESS. American Express requires that Paymentech inform Merchant that (i) American Express charges Paymentech a wholesale discount rate and not interchange and (ii) American Express operates a noninterchange based network.
2. WAIVER OF RIGHT TO CONTEST JURISDICTION; WAIVER OF JURY TRIAL; ARBITRATION.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM MAY BE RESOLVED BY BINDING ARBITRATION.
WITH BINDING ARBITRATION MERCHANT ACKNOWLEDGES AND AGREES THAT:
(a) MERCHANT IS GIVING UP ITS RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM ALLEGED AGAINST PAYMENTECH, MEMBER, OR RELATED THIRD PARTIES;
(b) MERCHANT IS GIVING UP ITS RIGHT TO HAVE A COURT RESOLVE ANY CLAIM ALLEGED AGAINST PA YMENTECH, MEMBER OR RELATED THIRD PARTIES; AND
(c) MERCHANT IS GIVING UP ITS RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST PAYMENTECH, MEMBER, OR RELATED THIRD PARTIES.
IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, MERCHANT AND PAYMENTECH MAY OTHERWISE HAVE HAD
A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY AND TO PARTICIPATE ORBE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). BUT,
EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.
INTEIU-IAL P AYMENTECH U SE
Merchant Name:
Full Lia bility Submitter Payment Instrument Processing Agreement - Rev. October 2020
Any claim, dispute, or controversy relating to acceptance of the American Express Payment Card or otherwise involving or relating to American Express ("Claim") by either Merchant, Paymentech or Member against the other, or against the officers, directors, employees, agents, parents, subsidiaries, affiliates, beneficiaries, agents, successors, or assigns of the other, arising from or relating in any way to these Program Terms or to the relationship formed between the parties as a result of these Program Te1ms, including Claims regarding the applicability of this arbitration clause or the validity of the entire Amendment, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association ("AAA"). All Claims are subject to arbitration, no matter what theory they are based on. This includes Claims based on contract, tort (including intentional tort), fraud, agency, Merchant, Paymentech's or Member's negligence, statutory or regulatory provisions, or any other source of law. Claims and remedies sought as part of a class action, private attorney general, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis only, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Merchant and Paymentech will agree on another arbitration forum if the AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between Merchant and Paymentech and/or Member. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The prohibition against class action contained in this Section shall be non-severable from the remainder of this Section. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the AAA in connection with the arbitration, as well as for any reasonable attorneys' fees incurred by the prevailing paity in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Rules and forms of the AAA may be obtained and Claims may be filed at any AAA office, www.adr.org, or 335 Madison Avenue, New York, NY 10017, telephone l-800-778-7879. Any arbitration hearing at which Merchant appears will take place at a location within Dallas County, Dallas, Texas. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S .C. §§ 1-16. This arbitration agreement applies to all Claims now in existence or that may arise in the future . Nothing in these Program Terms shall be construed to prevent any party's use of (or advancement of any Claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure , or any other prejudgment or provisional remedy relating to any collateral, security, or other property interests for contractual debts now or hereafter owned by either paity to the other.
3. CONVEYED TRANSACTIONS.
If Merchant accepted American Express Payment Cards through the American Express OptBlue Program and no longer can do so because Merchant became a High CV Merchant, in order to accept American Express Payment Cards through Conveyed Transactions, it must enter into a direct relationship with American Express by executing American Express's then current card acceptance agreement.
4. CONTINUED EFFECT.
Except to the extent amended hereby, all terms, provisions and conditions of the Agreement are hereby ratified and shall continue in full force and effect and the Agreement shall remain enforceable and binding in accordance with its tern1s.
Please execute and return these Program Terms to evidence Merchants' understanding and acceptance of its terms and incorporation by reference in the Agreement.
INTER.t"\/AL P A YMENTECH USE
Merchant Name :
[Signature Page to Follow}
Full Liability Submitter Payment Instrument Processing Agreement - Rev. October 2020
By signing below you acknowledge your receipt of these Payment Processing Instructions and Guidelines and agreement to comply therewith.
Agreed and Accepted by:
Merchant Legal Name
By (authorized signature)
Print Name and Title
Date
Address
City, State Zip
JK/LC02202025
INTER.t"IAL P AYNIENTECH U SE
Merchant Name :
Full Lia bility Submi tte r Payme nt Insmnnem Processing Agreement - Rev. October 2020
DATE: June 10, 2025
REEDLEY CITY COUNCIL
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
TITLE: DISAPPROVE PROPOSED ASSESSMENT INCREASES FROM
CONSOLIDATED IRRIGATION DISTRICT TO BE LEVIED UPON CITY
OWNED PARCELS THAT ARE LOCATED WITHIN THE DISTRICT
SUBMITTED: Russ Robertson, Public Works Director
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Staff's recommendation is to vote no on the attached official ballot to increase assessment fees for Consolidated Irrigation District. The increase could nearly triple the current assessment fee.
EXECUTIVE SUMMARY
The City received an official ballot and proposition 218 notice from Consolidated Irrigation District (Cl D) regarding proposed assessment increases for parcels that are owned by the City that are located within the CID. This would only pertain to City owned parcels that are west of the Kings River, including Reedley Beach, Cricket Hollow Park, Waste Water Treatment Plant, and the Lac Jae property. Since 1921, CID has levied assessments on land within its boundaries to pay for its services and related expenses. Attached to this staff report is the information received from CID explaining the need for the increased assessments. According to the literature provided by CID, the new proposed assessments would generate an additional
14.4 million dollars in revenue to reportedly be used for a variety of things including expanding water capture capacity and funding to defend Cl D's water rights.
FISCAL IMPACT
Currently, the City pays approximately $2,854 per year for the CID assessments. If the proposed assessment increases are approved, the City's assessments could go up to $7,987 per year, an increase of $5,133 per year.
ATTACHMENTS
Copy of Official Ballot
CID Notice of Public Hearing
Proposition 218 information
CONSOLIDATED IRRIGATION DISTRICT
OFFICIAL BALLOT
REGARDING THE ADOPTION OF AN INCREASE IN
THE SPECIAL BENEFIT ASSESSMENT
0132502
111111111111111
Name of Record Owner: City of Reedley ·
Assessor's Parcel Number: See Attached
Acreage of this or these Assessor's Parcel(s): 80.09
Rate Classification: See Attached
Proposed Maximum Annual Assessment, up to: $7,978.99
Weight of this Ballot for counting purposes: 797899
11111111111111111 IIIII IIIII IIIII IIII IIII
Question: Do you approve the proposed assessment increases for the parcels identified on this ballot, in the amounts stated in the Proposed Maximum Assessment Rate Schedules set forth in the accompanying Notice of Public Hearing?
0 Yes
0 No
I approve the proposed assessment increases for the parcels identified on this ballot, in the amounts stated in the Proposed Maximum Assessment Rate Schedules set forth in the accompanying Notice of Public Hearing. I understand that actual annual assessment will be determined annually by the Consolidated Irrigation District's Board of Directors.
I do not approve the proposed assessment increases for the parcels identified on this ballot, in the amounts stated in the Proposed Maximum Assessment Rate Schedules set forth in the accompanying Notice of Public Hearing. I understand that actual annual assessment will be determined annually by the Consolidated Irrigation District's Board of Directors. !Fill in circle completely: • If you are the Authorized Representative, not the Record Owner, please complete the box below also:
Signature of record owner or authorized representative
(IMPORTANT: if authorized representative, please complete authorization in box to the right.)
~ 111111111111 1111111111 11111 111111111111111111
City of Reedley
845 G St
Reedley CA 93654 237
I,---------------
(print name)
hereby certifiy that I am authorized by
(print parcel owner's name)
to cast this ballot with respect to APN
(print APN)
Signature of authorized representative
CONSOLIDATED IRRIGATION DISTRICT
NOTICE OF PUBLIC HEARING
REGARDING A PROPOSED INCREASE IN THE SPECIAL BENEFIT ASSESSMENT
The purpose of this Notice is to provide you with information about the "assessment ballot proceeding" being conducted by the Consolidated Irrigation District (CID or District) and its effect on real property that you own. This notice is being sent to you in accordance with Sections 53753, 53759.1, and 53759.2 of the California Government Code, and Article XIIID, Section 4, of the California Constitution.
A public hearing is set for 10:00 a.m. on August 5, 2025, at the Kearney Ag Station, 9240 S. Riverbend Avenue, Parlier CA 93648.
If you wish to comment on this matter, you are invited to do so at the public hearing.
Overview
CID ls seeking approval from landowners to increase its assessments on land in the District. In 2014, Governor Brown signed into law the Sustainable Groundwater Management Act (SGMA), which provides local agencies with authority to manage groundwater basins in a sustainable manner. SGMA defines sustainable groundwater management as the management of groundwater supplies in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. If a local agency is not managing its groundwater' sustainably, SGMA directs the State Water Resources Control Board (State Water Board) to protect the groundwater resource until that local agency can sustainably manage the groundwater in its basin.
SGMA directly impacts the ability of landowners to pump groundwater in Cl D's service area. Cl D's groundwater basin is classified as high-priority and critically overdrafted. Without constructing additional recharge basins and related investments to grow our recharge capability, pumping restrictions may be needed to reduce and/or restrict groundwater pumping. CID is seeking approval of the ability to collect additional revenue to meet operational expenses and comply with SGMA mandates, including the following:
•
e
•
0 Groundwater Sustainability Agency; Compliance Reporting, Management, Administrative Services Groundwater Sustainability Plan; Compliance Reporting and Implementation Land Acquisition
Environmental Compliance and Mitigation
• Recharge Basin Construction
G Monitoring Equipment Acquisition and Installation
• Infrastructure Repair and Replacement
Since 1921, CID has levied assessments on land within its boundaries to pay for its services and related expenses.
Landowners pay their assessments calculated at the rates applicable to the dassification of their land, e.g.
Consolidated Gravity, Pump, Church Gravity, etc. Those rates are based on the proportional benefits the District provides to the affected properties. The implementation of SGMA in this high-priority basin means that CID can no longer delay making the improvements necessary to maintain its ability to deliver irrigation water, comply with SGMA, and avoid State Water Board intervention in management of groundwater pumping in the basin.
The current assessments have remained unchanged since 2018 and are no longer sufficient to meet operational expenses. Inflation has continued to occur and the estimated operational costs-for the District have continued to increase. Additionally, over the past nine years, more information has been collected indicating that there has been crop conversion over time within the District wherein lower water use crops have been converted to higher water use crops. This has resulted in an increase in annual demand of approximately 25,000 acre-feet per year from the prior estimates. To comply with SGMA, CID will either need to reduce demand by this amount or construct and implement projects to divert additional surface supplies available to the Dist rict to avoid and/or mitigate overdraft.
The District has directed st aff to proceed with development of projects to enable growers to continue to farm in the manner that is presently employed and to try to avoid restricting and/or reducing groundwater pumping. The proposed increased assessments include components to continue District operations and fund the implementation ®~2
CONSOLIDATED IRRIGATION DISTRICT
NOTICE OF PUBLIC HEARING
REGARDING A PROPOSED INCREASE IN THE SPECIAL BENEFIT ASSESSMENT
of projects to develop additional surface supplies.
The Proposed Assessments
The District is seeking approval to increase assessment to generate a maximum of approximately $14.4 million per year in revenue. CID's assessments vary according to the classification of land in the District. Landowners pay assessments based on the classification of their land, as listed below. CID project costs associated with SGMA will cause an increase of up to 80% in CID's operating expenses. CID is located iri a high-priority basin, is required to comply with SGMA, and is committed to avoid State Water Board intervention. Cl D's Board of Directors is therefore seeking landowner approval to increase the maximum assessment amount as follows:
Proposed Maximum
Assessment Classification Current Assessment Assessment C9~~1idate~fGrav.it;, · ·~. $53.00 per acre .. . . . • :$126.00 P.e( acte_ . ===··=··-~...,.,,n~~,. _Pump ---· ··- __ -··--·----·-·----·-· ___ $22.00 per acre $53.00 per acre Church Gravity $64.0ffper a.ere · . ·. -. .' $ts1.oq·p~r'acre ·. ·... . : ..
Pond $0.50 per acre $0.50 per acre
--i='i~;·witer··-. -- .. ·... · ..$22.00 per acre . ,•' ·. ,, .. ;,$22.ocfper·~.cr~ These proposed assessments are "not-to-exceed" amounts. Each year, the Board of Directors will set the actual annual assessments at a publicly noticed Board of Directors meeting, based on the annual budget. The proposed assessment structure will increase assessments on the land in the CID Gravity, Pump and Church Gravity classifications, but the proportionality between the assessment classifications will remain the same. As required by law, the proposed assessments on your property will be no more than the actual amount of the benefit it receives from the District's operations as shown in the Engineer's Report (Report}. The Report is on file at the District office.
You may review the Report at Cl D's office or on the CID website at www.cidwater.com. The proposed increased assessments are maximum amounts that cannot be exceeded unless approved by landowners through a future Proposition 218 election.
If approved, the proposed assessment structure will become effective in August 2025 and the Board intends to set the Assessments during its August Board meeting.
Option to Submit Written Objection to Proposed Increased Assessment CID will be implementing Government Code§ 53759.1 related to the proposed increased assessments. Landowners may submit a written objection to the proposed increased assessments that specifies the grounds for alleging noncompliance with Proposition 218. Written objections must be clearly labeled on the outside of an envelope and contain the landowner's full name and identification of the parcel(s} by county and assessor's parcel number(s}. If the outside of the envelope is not clearly labeled as an objection to the proposed assessment, it is not properly submitted and does not constitute a timely-submitted written objection.
To be considered timely, all written objections must be mailed or delivered during business hours to CID at 2255 Chandler Street, Selma, CA 93662, and received by 5:00 p.m. on July 8, 2025.
The option to submit a written objection does not impact your ability to also submit a ballot and is a separate process. Ballots will not be opened until the tabulation portion of the public hearing on August 5th; therefore, a written objection cannot be combined with a ballot and must be submitted separately, if desired. Failure to timely object in writing bars any right to challenge the proposed increased assessments through a legal proceeding.
Staff will review timely-submitted written objections, prepare written responses, and present any timely-received written objections and written responses to the CID Board before the close of the public hearing described herein ®~2
CONSOLIDATED IRRIGATION DISTRICT
NOTICE OF PUBLIC HEARING
REGARDING A PROPOSED INCREASE IN THE SPECIAL BENEFIT ASSESSMENT
on August 5, 2025. The Engineer's Report serves as the written basis for CID's proposed increased assessments and can be viewed online at: www.cidwater.com .
Election
The number of votes you can cast with respect to your property will correspond to the potential financial obligation imposed on your property under the proposed assessment. Please also note:
0 Enclosed with this notice, you will find an assessment ballot, which states your property's Assessor's Parcel Number, acreage, and classification, as well as the amount of the annual assessment proposed to be levied on your property.
• Please follow the directions listed on the assessment ballot to vote on the Proposed Maximum Assessment Schedule.
0 Prior to the public hearing on August 5, 2025, you may mail your own ballot in the enclosed self-addressed stamped envelope. Replacement ballots can be obtained by calling MK Elections at (209) 259-6740. • Prior to the public hearing on August 5, you may hand deliver your own ballot during business hours to the District Secretary at the Consolidated Irrigation District's office, 2255 Chandler Street, Selma, CA 93662. 0 Hand-delivered ballots will also be accepted at the hearing prior to the close of the public input portion of the hearing.
0 In any event, ballots MUST be received by CID no later than the conclusion of the public hearing, which starts at 10:00 a.m. on August 5, 2025.
0 Late ballots delivered after the conclusion of that public hearing will not be counted.
You may change your vote at any time prior to the conclusion of the public hearing on this matter. However, because the ballots must remain sealed until the tabulation begins, you will be provided a replacement ballot on which you can cast your new vote. A ballot will not be accepted or counted if:
• It is delivered in a manner that fails to conceal its vote; 0 It is a photocopy without an original signature;
0 It is unsigned;
0 It lacks an identifiable "yes" or "no" vote; or
8 It appears to have been tampered with or otherwise invalid based upon its appearance or method of delivery.
e It is late.
After the close of the public input portion of the hearing, MK Election Services will tabulate the ballots, which are weighted according to the potential financial obligation imposed on your property under the proposed assessments. The tabulation results will be posted in the District's office as soon as practicable and on the CID website, www.cidwater.com.
If your parcel has more than one owner, the various owners may submit their own ballots. In the event all of the separate owners fail to submit their own ballots, the District's Secretary will tabulate the submitted ballots as he/she deems it correct, proper and appropriate to apportion the vote to reflect a one hundred percent (100%) vote.
A copy of the preliminary roll prepared pursuant to a Board resolution fixing the District's assessment amount for each parcel subject to said charges, is available for public inspection at the District' office during regular business hours, which are specified on the CID website. Objections to the roll or assessments established for the affected parcels of land in accordance with said preliminary roll will also be heard at said hearing on August 5, 2025. ®~2
CONSOLIDATED IRRIGATION DISTRICT
NOTICE OF PUBLIC HEARING
REGARDING A PROPOSED INCREASE IN THE SPECIAL BENEFIT ASSESSMENT
If the ballots (weighted according to the proportional financial obligation of the affected property} submitted in favor of the proposed rate increase exceed by at least one vote the ballots in opposition to the proposed increased assessment, the Board of Directors of CID may impose the proposed increased assessment. If the ballots in opposition to the proposed increased assessment exceed the ballots submitted in favor thereof, the Board will not impose the proposed increased assessment.
Should you have any questions, please contact Phillip Desatoff, General Manager {559} 896-1660, email him at [email protected], or write to him at the Consolidated Irrigation District office, 2255 Chandler Street, Selma, CA 93662, or P. 0. Box 209, Selma, CA 93662.
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WHY IS CONSOLIDATED HOLDING A I THOUGHT WE J U ST DID A PROP PROP 218 ELECTION? 218 FOR SGMA - WHY AM I BE I NG
Our current assessment does not generate enough
revenue to cover Consolidated Irrigation District (CID) costs - especially with new challenges we are facing
under SGMA. The District is proposing to increase
its current assessment through a Proposition 218
election. Increased revenue will allow the District to
fulfill its plans to capture up to an additional 100,000 · acre-feet of surface water during flood years to offset groundwater pumping and support the long-term
viability of farming in the area.
WHAT AM I BEING ·ASKED TO DO?
Proposition 218 elections require the support of
voters, District landowners, to allow the District to
increase land-based assessments. In this case, the
proposed assessments will fund activities that improve
infrastructure, increase water supply capture, and help protect Kings River water rights. You are being asked to vote on whether to approve an increase to your District assessment.
WHERE WILL THE ASSESSMENT
DOLLARS BE INVESTED?
The District plans to build new groundwater recharge
basins, improve and maintain its conveyance
infrastructure, protect our Kings River water rights, and increase diversion capacity from the Kings River to help ensure flood water does not run past us during wet
years. This investment is critical to meet our Sustainable Groundwater Management Act (SGMA) obligation to
balance and stabilize groundwater overdraft by 2040.
HOW WERE THE ASSESSMENTS
DEVELOPED?
The proposed assessments were developed through
an independent engineering study and preparation of
an Engineer's Report. The District's Board of Directors and staff evaluated the proposed assessments outlined
in the Engineer's Report. You can view the Engineer's
Report on the District's Proposition 218 website at
cidwater.com/prop218election.
ASKED TO APPROVE MORE?
Since the 2078 Proposition 218, the District has followed through on its commitments-over 210 acres of
groundwater recharge basins have been built, and 120
acres of additional groundwater recharge basins are
in progress. The District also led efforts to develop a State-approved Groundwater Sustainability Plan, one of
the few critically overdrafted subbasins in the state to receive approval. In the early days of SGMA, our overdraft estimate was 15,000 acre-feet on average per year. But
with more recent data and reports, that number has
jumped up to 40,000 acre-feet of estimated overdraft, as crop demands have increas.ed. To address the problem,
we can either limit demand or increase supply. Our
approach is to develop infrastructure through these
proposed increased assessments so we are not stuck
with demand reduction (groundwater allocations) as our
primary option.
WHAT WILL THE ASSESSMENT
BE USED. FOR?
Protect Land Values - The District plans to increase
average annual water supply by 40,000 acre-feet.
More Certainty About the Future under SGMA - The
Prop 218 rates and the benefits are known: building
additional basins, improving conveyance infrastructure, and increasing diversion capacity off the Kings River.
This plan provides more certainty compared to the
unknowns of groundwater pumping restrictions and
State intervention.
Protect W ater Rights - Funding to defend against
those who want to limit our water rights.
Maximize and Expand Water Capture Capacity - With
new i·nvestments funded by the proposed assessments,
we can build the facilities needed to take full advantage
WHY DO WE NEED
TO BUILD EXPENSIVE
GROUNDWATER ·
RECHARGE BASINS
WHEN .GROWERS
COULD OFFER THEIR .
LAND UP TO DO
RECHARGE?
While all options are on the table,
District owned and operated
groundwater recharge basins
offer a reliable place to park water
quickly. Rarely do we have long lead
times to plan for a flood release,
and the timing of flood releases
is not always optimal for cropped
land. About 60% of the total annual
flood water available occurs in
May through June, a time where
flooding a field could risk crop
health.
The rate of recharge we get with
the sandy soils within the District
makes groundwater recharge
basins exceptionally efficient -we
can capture high volumes in a short
period of time. We can sink one
acre-foot per acre per day with our
sandy soils. If we had an additional
7,Q_00 acres of groundwater
recharge basins, we could recharge
7,000 acre-feet per day. During
a 700-day flood release, that is
approximately 700,000 acre-feet
recharged on just 7,000 acres - an
extremely efficient use of that land
and space.
IF THE PROPOSED
ASSESSMENT PASSES,
WOULD THAT MEAN
THERE WILL NEVER BE
AN ALLOCATION?
Our goal is to avoid or delay the
need to impose a groundwater
allocation. We believe the proposed
assessment will position us to meet
key SGMA sustainability milestones,
including reducing 30% of our
overdraft by 2030. While we cannot
control hydrologic conditions and
croppihg decisions that impact
water d emand, w e believe t his is
our best shot at keeping allocations
at bay. It is important to note
the District is estimating future
flood water capture potential
based on what has happened in
the past (historical Kings River
flood release conditions). But
hydrology is variable, and no one
can control whether a longer
series of dry years occurs and
warrants demand reduction to stay
on track with SG MA milestones.
The District wants to maintain
as much flexibility as possible for
landowners to farm under SGMA,
so even if pumping restrictions
were to become necessary in a
drought, investments in surface
water supplies would mean a less
restrictive pumping requirement.
WHAT HAPPENS IF THE
ELECTION FAILS?
If the election were to fail there
would be limited funding and the
District must consider:
Losing out on available flood
water supplies without enough
infrastructure to capture it
Groundwater restrictions to fix
our current overdraft and comply
with SGMA
Higher risk of State Water
Resources Control Board -
intervention to manage
groundwater for us if we cannot
fix the problem locally
DOES THE DISTRICT
HAVE OTHER STREAMS
OF REVENUE TO FUND
PROJECTS?
The District has been successful in
receiving grant funding for SGMA
projects. Since 2020, the District
has received $8.7 million in funds
to build groundwater recharge
projects. The District plans to
continue to pursue funding to
offset the landowner cost burden
by keeping the land-based
assessments as low as possible.
WHAT IS NEEDED FOR
THE ELECTION TO
PASS?
The election will pass if a majority
of the votes returned are in favor of
the proposed assessment increase
(50%+7). Votes are weighted by
acreage, correlating to the financial
obligation of the affected property
per acre.
WHEN WOULD THE
ASSESSMENT TAKE
EFFECT?
If the Proposition 278 election
passes, the Board of Directors will
determine the assessment amount
for the 2026 fiscal year budget
during the August Board meeting.
Assessments will be collected in
fall 2025 and spring 2026 through
each County's property tax bills.
This is in preparation for the
District's 2026 fiscal Year, which
begins January 7, 2026.
HOW DO I VOTE IN THE
ELECTION?
All landowners will receive a
Proposition 278 ballot and public
hearing notice in the mail in May.
To vote, thoroughly fill out your
Proposition 278 ballot and submit it
in one of three ways:
l. Mail your ballot in the pre-paid
postage envelope provided in the
ballot packet,
2. Bring your ballot to the District's
Public Hearing on August 5, 2025
at 70:00 AM, or
3. Drop your ballot off at the secure
ballot box during office hours
between 8:00 AM - 5:00 PM at
the District's office, 2255 Chandler
Street, Selma, CA 93662.
Ballots must be received prior to
the conclusion of the public input
portion of the hearing on August
5th. To request a replacement
ballot, landowners must call (209)
259-6740 or ask for one at the
DATE: June 10, 2025
REEDLEY CITY COUNCIL
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 11 ------
TITLE: ADOPT RESOLUTION NO. 2025-040 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
SUBMITTED: Marilu S. Morales, P.E.
City Engineer
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-040 adopting a list of projects for fiscal year 2025-26 funded by SB 1: The Road Repair and Accountability Act of 2017.
EXECUTIVE SUMMARY
Each year the City is required to update and provide a list of proposed projects to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), also known as SB 1. This list must include the location of the project, proposed schedule of completion and the estimated useful life of the improvement.
Staff is recommending utilizing the full 2025-26 allocation of Road Maintenance Rehabilitation Account (RMRA) funds for a light rehabilitation and ADA improvement project on West Herbert Avenue, West Carpenter Avenue and West Huntsman Avenue between Reed Avenue and Church Avenue and South Hope Avenue between West Herbert Avenue and West Huntsman Avenue. The project will be identified as the Reedley Southwestern Streets Project (Project).
The City is planning to perform light rehabilitation activities on these sections of roadway, including a combination of dig outs where needed, grinding the entire surface, installing pavement fabric and asphalt overlay. The project will also remove and replace non-ADA compliant curb ramps, install new ADA compliant curb ramps, modify storm drainage items, traffic striping and adjusting the existing utility lids, resulting in an 10-15 year estimated useful life.
The total cost of the project is anticipated to be $840,000, which will utilize the entire anticipated 2025-26 SB 1 allocation of $694,771. The project will also use a portion of the future 2026-2027 SB 1 allocation.
BACKGROUND
On April 28, 2017 the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
Annually, and prior to receiving an allocation of RMRA funds, the City of Reedley must, by resolution, submit an adopted project or list of projects proposed to be funded with the fiscal years estimated RMRA funds to the California Transportation Commission (CTC). In addition to the resolution, staff enters the information to an online reporting system, CalSMART, which includes project location(s), description, and schedule for the completion of the project(s).
The Engineering Department reviewed the RMRA guidelines, the City's Pavement Management Plan, the capital projects list, and in discussions with the Public Works Department and other City staff determined that a light rehabilitation project on West Herbert Avenue, West Carpenter Avenue and West Huntsman Avenue between Reed Avenue and Church Avenue and South Hope Avenue between West Herbert Avenue and West Huntsman Avenue would be the best use of the allocated funds as these roadways need more rehabilitation than a slurry seal. The project is anticipated to be designed in the fall of 2026 and construction is anticipated in the summer of 2027.
FISCAL IMPACT
The total cost of the project is anticipated to be $840,000, which will utilize the entire anticipated 2025-26 RMRA allocation of $694,771. In order to fully fund the project, it will be necessary to use future year SB 1 funds. The estimate is based on current project costs, however, may change slightly once the topographic survey is performed and design is completed. The project costs will be included in the fiscal year 2026-27 annual budget.
ATTACHMENT
1. Resolution No. 2025-040
2. FY 25/26 SB 1 Project Exhibit
RESOLUTION NO. 2025-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1 ), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Reedley (CITY) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the CITY must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the CITY, will receive an estimated $694,771 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the CITY is receiving SB 1 funding and will enable the CITY to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the CITY has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the CITY's Pavement Management System was used to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment WHEREAS, the funding from SB 1 will help the CITY maintain and rehabilitate four (4) streets/roads within the CITY this year and similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the CITY's streets and roads are in an "at-risk" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "good" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive impact on the CITY's traveling public.
NOW, THEREFORE, BE IT RESOLVED that City of Reedley, City Council, using their independent judgement approves Resolution No. 2025-040 based on the following:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
Project Description Location Estimated Estimated
Useful Life Project
Schedule
Reedley Preparation of plans W Herbert 10-15 Preconstruction Southwestern and specifications Ave, W years Start -
Streets for the project, Carpenter October 2026
Project Construction Ave&W
activities including a Huntsman Preconstruction
combination of dig Ave between Completion -
outs, grind and Reed Ave & April 2027
overlay, new ADA Church Ave
compliant curb and S Hope Construction
ramps, removal and Ave between Startreplacement of non- W Herbert May 2027 ADA compliant curb Ave and W
ramps, and Huntsman Construction
construction Ave Completion -
management December 2027
3. This resolution is effective immediately upon adoption.
The foregoing resolution was adopted by the City Council of the City of Reedley at a regular meeting held on the 10th day of June 2025, in the City of Reedley, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Matthew Tuttle, Mayor
Ruthie Greenwood, City Clerk
Resolution No. 2025-040
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