Agenda packet — Selma City Council, May 20, 2024

CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
__________________________________________________________________________ ITEM NO: A.

SUBJECT: Consideration of a Resolution Directing the City Engineer to Initiate and Prepare the Fiscal Year 2024-25 Engineer’s Report, Declaring Intention to Levy and Collect the Annual Assessment for Services rendered for Landscaping Lighting and Maintenance District No. 1, and providing notice of public hearing on the proposed assessments.
______________________________________________________________________________ BACKGROUND: The City originally established a Landscaping and Lighting Maintenance District (“LLMD” or “District”) in 1984. The purpose of the District is to pay for landscaping, lighting, and other improvements plus services in an identified public area.

Within the District, individual sub-zones are established to create further refined areas that directly benefit from the services provided, which may differ from zone to zone. Currently, there are 10 individual zones throughout the City.

In order to levy and collect the assessment, the City must go through several formal steps, the first of which is to adopt a resolution that describes any proposed new improvements or any substantial changes in existing improvements for the LLMD and which directs the City Engineer to prepare a report. This report will have the following information pursuant to Streets & Highways Code (“SHC”) Section 22567:
(a) Plans and specifications for the improvements.
(b) An estimate of the costs of the improvements.
(c) A diagram for the assessment district.
(d) An assessment of the estimated costs of the improvements. (e) If bonds or notes will be issued pursuant to SHC Section 22662.5, an estimate of their principal amount.

After adopting the preliminary Engineer’s Report, State law requires the City to hold a public hearing to hear any protests regarding the proposed assessments. Staff is recommending that the city conduct the public hearing at its regular meeting on July 1, 2024. Prior to the public hearing, the City will notice in the paper on June 19 and June 26, with the first notice being a minimum of ten (10) days prior to the public hearing.

DISCUSSION: Staff anticipates continued maintenance or replacement of improvements to restore and repair existing landscaping areas. Staff does not foresee any substantial changes to the existing improvements beyond ongoing maintenance proposed for the LLMD for Fiscal Year 2024-25.

The proposed timeline for the Annual 2024-25 LLMD Report is as follows:

May 6: Council Approval of Proposed Rates and Notice for Prop 218 May 17: Public Notices for Prop 218 Letter mailed to Property Owners May 20: Council Direction to Initiate and Prepare the Engineer’s Report May 20, 2024 Council Packet Page 1
May 20: Council Declare Intent to Levy Assessment and set public hearing July 1: Council Action to approve Engineer’s Report to levy annual assessments July 1: Public Hearing for proposed Prop 218 assessment increase July 1: Public Hearing for intent to levy annual assessments July 31: Deadline to send Tax Assessments to Fresno County Tax Collector FISCAL IMPACT: Cost for the maintenance, utilities, and incidentals are intended to be funded by the assessments levied on the parcels within the LLMD. If any costs exceed the assessments collected for labor costs, utility costs, replacement fixtures, or other unforeseen improvements., the City will need to determine whether to reduce the level of service within the budgeted amount or subsidize the shortfall from the General Funds as a Contribution to the LLMD as described in the SHC Section 22658. However, subsidizing shortfalls of the LLMDs could be considered inequitable due to the fact that residents outside the LLMD boundaries are contributing monies to a benefit which they do not directly receive.

The Council approved on May 6, 2024, for Staff to proceed with a Proposition 218 process to increase the maximum allowed assessment for certain zones within the LLMD. This process will include sending a Prop 218 letter to each affected parcel describing the proposed increase and protest process.
______________________________________________________________________________ RECOMMENDATION: It is recommended that City Council adopt:

A) a Resolution directing the City Engineer to prepare the Fiscal Year 2024-25 Engineer’s Report for the Landscape Lighting and Maintenance District No. 1.

B) a Resolution declaring intention to levy and collect the annual assessment for services rendered in the Landscaping and Lighting Maintenance District No. 1, and providing notice of public hearing on the proposed assessments on July 1, 2024. ______________________________________________________________________________ _______/s/____________________ _5/16/2024_____________
David Horn Date
City Engineer
______/s/______________________ _5/16/2024_____________________ Jerome Keene Date
Deputy City Manager
______/s/____________________ _5/16/2024_____________
Fernando Santillan Date
City Manager
May 20, 2024 Council Packet Page 2
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SELMA, CALIFORNIA

DIRECTING THE CITY ENGINEER TO INITIATE AND PREPARE THE FISCAL YEAR 2024-25 ENGINEER’S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
WHEREAS, in 1984, the City established a Landscaping Lighting and Maintenance District (“LLMD”) to provide certain public improvements which include the construction, maintenance, and servicing of public lights, landscaping, and appurtenant facilities. The costs of the improvements are covered through a levy on each parcel within the LLMD; and WHEREAS, pursuant to Section 22622 of the Streets and Highways Code (“SHC”), in order to levy and collect the assessment for the LLMD, it is necessary for the City Engineer to prepare and file a report in accordance with the provisions set forth in SHC Section 22565 et seq.; and,
WHEREAS, staff will confirm if there are any new improvements or if there will be any substantial changes to the existing improvements proposed for the LLMD for Fiscal Year 2023-24.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. The City Engineer is hereby directed to prepare the Fiscal Year 2023-24 Engineer’s Report for Landscaping and Lighting Maintenance District No. 1, in accordance with the provisions set forth in Streets and Highways Code Section 22565 et seq., and upon completion of the Report, shall file it with the City Clerk for submission to the City Council.

3. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable, to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 20th day of May 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
May 20, 2024 Council Packet Page 3
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
May 20, 2024 Council Packet Page 4
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA DECLARING INTENTION TO LEVY AND COLLECT THE

ANNUAL ASSESSMENT FOR SERVICES RENDERED IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 1, AND PROVIDING NOTICE

OF PUBLIC HEARING ON THE PROPOSED ASSESSEMENTS
WHEREAS, in 1984, the City established a Landscaping Lighting and Maintenance District (“LLMD”) to provide certain public improvements which include the construction, maintenance, and servicing of public lights, landscaping, and appurtenant facilities. The costs of the improvements are covered through a levy on each parcel within the LLMD; and, WHEREAS, it is necessary that City Council adopt a resolution of intention pursuant to Section 22624 of the Streets and Highways Code and provide notice of the time and place of a public hearing on the Report and the proposed assessments within the District for Fiscal Year 2024-2025;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct.

2. The City Council declares that it intends to levy assessments on all parcels of assessable land within the LLMD for Fiscal Year 2024-25, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as County taxes are collected.

3. The distinctive designation of the LLMD is the Landscaping and Lighting Maintenance District No. 1, the general location of the LLMD is as set forth in the Report.

4. Notice is hereby given that on July 1, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers of the City of Selma, at 1710 Tucker Street, Selma, California, at a regular meeting of the City Council, a public hearing will be held on the Report and the assessments to be levied within the LLMD for Fiscal Year 2024-2025. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, in which the protester must state all grounds of objection and describe the property within the LLMD owned by such person.

5. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

May 20, 2024 Council Packet Page 5

6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Selma held on the 20th day of May 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
May 20, 2024 Council Packet Page 6
May 20, 2024 Council Packet Page 7
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
__________________________________________________________________________ ITEM NO: B.

SUBJECT: Consideration of a Resolution awarding contract to D&G Fence Company, Inc. for the Brentlinger Park Fence Replacement Project ______________________________________________________________________________ BACKGROUND: The Brentlinger Park is currently fenced on the west and south sides by fences for security and safety. The west side fence is an existing 6-foot-tall chain-link fence separating the park property along an existing Consolidated Irrigation District (“CID”) open canal. The condition of the existing fence has been determined by Public Works to be in disrepair and needs to be replaced. The south side fence bordering Rose Avenue from the southwest corner of the park to the tennis courts is currently fenced by a 6-foot ornamental metal fence (wrought iron fence). The condition of the existing fence is in disrepair and has been deemed unsafe.

Public Works Staff established the scope and quantities of fencing to be removed and replaced. The scope includes replacing several ornamental metal gates along Rose Avenue.

The proposed chain-link fence will be constructed according to the current City Standard M2. The proposed ornamental metal fence will be constructed based on a fence detail provided by the City Engineer.

DISCUSSION: The Project was advertised for bid on April 24, 2024, and May 1, 2024. The Project consisted of a Base Bid and an Add Alternate. The Add Alternate bid items included removal and replacement of the existing concrete mow strip at the ornamental metal alignment along Rose Avenue. As stated in the Project Specifications, the low bid for the Project shall be based on the lowest Base Bid without consideration of the Additive Alternate.

Bids were received from six (6) contractors on May 9, 2024, as follows:

Contractor Base Bid Add Alternate Total Bid
D&G Fence Company $117,761.25 $9,984.00 $127,745.25
Fresno Fence Connection $175,662.00 $16,692.00 $192,354.00 All Steel Fence, Inc. $196,317.16 $17,362.80 $213,679.96 Ace Fence Company $203,370.24 $6,427.20 $209,797.44
AJ Excavation, Inc. $212,563.00 $37,440.00 $250,003.00
Marko Construction Group, Inc $350,235.00 $21,840.00 $372,075.00 Engineer’s Estimate $158,776.00 $7,176.00 $165,952.00
The bids were analyzed, and it was determined that D&G Fence Company submitted the lowest responsive and responsible base bid and as such, Staff recommends that they be awarded the contract.

FISCAL IMPACT:

The estimate cost for the construction phase of the project is $159,680.25, as detailed below:

May 20, 2024 Council Packet Page 8
Construction $127,745.25
Construction Contingency $12,775.00
Construction Management/Inspection/Testing/Admin $19,160.00 Total $159,680.25
The funding for this project will be the American Rescue Plan Act (“ARPA”) funds available to the City. The current balance of ARPA fund is $3,403,537. ______________________________________________________________________________ RECOMMENDATION: Approve Resolution awarding construction contract to D&G Fence Company for the Brentlinger Park Fence Replacement Project in the amount of $127,745.25; approving a 10% construction contingency for potential change orders in the amount of $12,775.00 for this project; and authorize the City Manager to sign contract documents on behalf of the City.
______________________________________________________________________________ _________/s/____________________________ _5/16/2024_____________________ Michael Honn Date
Public Works Director
_________/s/____________________________ _5/16/2024_____________________ Jerome Keene Date
Deputy City Manager
_________/s/____________________________ _5/16/2024_____________________ Fernando Santillan Date
City Manager
May 20, 2024 Council Packet Page 9
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA AWARDING CONTRACT FOR

BRENTLINGER PARK FENCE REPLACEMENT PROJECT
WHEREAS, The Public Works Staff designated the Brentlinger Park Fence Replacement Project (“Project”) as a priority security and safety project for the Brentlinger Park bordering the Consolidated Irrigation District (“CID”) canal and Rose Avenue; and, WHEREAS, the details and specifications for the Project were prepared by the City Engineer; and,
WHEREAS, the project has been advertised and bids have been received on the project; and, WHEREAS, the bids were opened on Thursday, May 9, 2024; WHEREAS, Staff analyzed all bids received and determined the bid from D&G Fence Company to be the lowest responsive and responsible base bid; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. The contract for the Brentlinger Park Fence Replacement Project is awarded to D&G Fence Company, at a cost of $127,745.25;

3. Approve a 10% Construction Contingency in the amount of $12,775;

4. Authorize the City Manager to execute contract documents.

6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 20th day of May 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
May 20, 2024 Council Packet Page 10
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
May 20, 2024 Council Packet Page 11
May 20, 2024 Council Packet Page 12
May 20, 2024 Council Packet Page 13
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
__________________________________________________________________________ ITEM NO: C.

SUBJECT: Consideration of a Resolution Approving the Project List for Senate Bill 1 (SB 1) Funding for FY 2024-2025
______________________________________________________________________________ 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:
• increased per-gallon fuel excise taxes;
• increased diesel fuel sales taxes and vehicle registration fees; and • provided for inflationary adjustments to tax rates in future years.

In 2017, the State Controller started depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (“RMRA”). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

In order to be eligible for this funding, recipient cities and counties must:
• develop and submit a list of projects to the California Transportation Commission (CTC) each fiscal year;
• develop and submit a project expenditure report to the CTC each fiscal year; and • comply with all requirements including reporting requirements for RMRA funding.

The deadline for recipient cities and counties to submit their project lists for the 24/25 fiscal year is July 1, 2024. All proposed projects must be adopted by local agency resolution.

DISCUSSION: The Selma Capital Improvement Program (CIP) budget is currently in development with the 10-year CIP adopted by the Council on March 4, 2024. The City is projected to receive $632,566 in RMRA funding for the 24/25 Fiscal Year. The following projects from the 10-year CIP are proposed by Staff to be included in the RMRA project list:
• South Mill Ditch Avenue Overlay
• Second Street Reconstruction
Both projects have been included in the 24/25 CIP budget and are proposed for construction in the 25/26 fiscal year. The scope for both projects include reconstruction of roadway structural sections and upgrades to curb ramps to current ADA Standards.

May 20, 2024 Council Packet Page 14
FISCAL IMPACT: The Engineer’s estimate for these projects is as follows:

South Mill Ditch Avenue Overlay $447,000
Second Street Reconstruction $757,350
Total $1,204,350
The estimated useful life of the projects is 20-25 Years. Estimated completion date is December 2026.

The projects are scalable depending on the funds available from SB1. ______________________________________________________________________________ RECOMMENDATION: Adopt the Resolution Approving the Project List for Senate Bill 1 (SB 1) Funding for FY 24/25.
______________________________________________________________________________ ______/s/_______________________________ __05/09/2024__________ David Horn Date
City Engineer
______/s/_______________________________ __05/09/2024__________ Jerome Keene Date
Deputy City Manager
______/s/_______________________________ __05/09/2024__________ Fernando Santillan Date
City Manager
May 20, 2024 Council Packet Page 15
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,
CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 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 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 $632,566 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth 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, 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 used a Pavement Management System 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; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate two streets infrastructure throughout the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “poor” 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 co-benefits statewide.

May 20, 2024 Council Packet Page 16
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project #1:

Project Title: South Mill Ditch Avenue Overlay
Project Description: Rehabilitation of roadway structural section and upgrades to curb ramps to current ADA standards.

Project Location: Ditch Street between Nelson Boulevard and Goldridge Street.

Estimated Project Schedule: Start August 2024 – Completion December 2026 Estimated Project Useful Life: 20-25 Years
Project #2:

Project Title: Second Street Reconstruction
Project Description: Reconstruction of roadway structural sections and upgrades to curb ramps to current ADA standards.

Project Location: Second Street between Nebraska Avenue and Sylvia Street.

Estimated Project Schedule: Start August 2024 – Completion December 2026 Estimated Project Useful Life: 20-25 Years

3. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 20th day of May, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
May 20, 2024 Council Packet Page 17
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
May 20, 2024 Council Packet Page 18
May 20, 2024 Council Packet Page 19
May 20, 2024 Council Packet Page 20
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
__________________________________________________________________________ ITEM NO: D.

SUBJECT: Consideration of a Resolution Approving and Authorizing the City Manager to Execute a New Agreement to Extend A Lease with Cal Water for the Use of the Well Property at 2831 W. Front Street and Selma Tower at 1710 Tucker Street for up to 10 Years
______________________________________________________________________________ BACKGROUND: The City of Selma has been in a lease agreement with Cal Water for the use of the property located at 2831 W. Front Street (“Well Property”) since 2013. The City has provided Animal Services from the facilities at this property since that time. As the City continues to provide Animal Care Services from this same location, CalWater has allowed Selma to continue with the same use at this location. However, it is in the best interest of both parties to renew the expired lease agreement to ensure continued operations and protect the interests of both parties.

DISCUSSION: After discussions between Cal Water and City Staff, Staff is recommending an agreement which extends the lease for a term of up to 10 years to commence on January 1, 2024 through December 31, 2033. Additionally, the City would ask for an annual lease extension for each year following the end of this lease agreement should both parties agree.

FISCAL IMPACT: The lease agreement requires no payment to either party, as the City allows Cal Water the use of the cell tower located at 1710 Tucker Street (“Selma Tower”).

There is a minimal maintenance cost which is built into the City’s building maintenance program.
_____________________________________________________________ RECOMMENDATION: Approve a Resolution Authorizing the City Manager to Execute a New Agreement to Extend A Lease with Cal Water for the Use of the Well Property and Selma Tower.
_____________________________________________________________________________ _________/s/_______________ 05/20/2024
Fernando Santillan Date
City Manager
Attachments:

1. Resolution

2. Agreements
May 20, 2024 Council Packet Page 21
RESOLUTION NO. 2024 –___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A NEW AGREEMENT TO EXTEND AN EXISTING LEASE WITH CAL

WATER FOR THE USE OF FACILITIES TO PROVIDE ANIMAL CARE SERVICES WHEREAS, the City of Selma would like to enter into a ten-year Agreement to lease the property at 2831 W. Front Street, Selma, Ca; and,
WHEREAS, it will be used to provide continued Animal Care Services to the community of Selma; and,
WHEREAS, Cal Water shall have the right to occupy and use a portion of the Selma Tower for the sole purpose of installation of communication equipment, including without limitation; and,
WHEREAS, The base rent for Cal Water's occupancy and use of the Selma Tower is Six Hundred Dollars ($600.00) per month, which amount shall be credited to Cal Water as the base rent payable by Selma to Cal Water during the term of the animal shelter lease; and, WHEREAS, the City of Selma would have the option of extending this lease agreement for a term of one year beyond this initial 5 year lease should both parties agree; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. The City Council hereby approves the Agreement with Cal Water.

3. The City Manager is authorized to execute all necessary documents.

4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

5. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 20th day of May 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
May 20, 2024 Council Packet Page 22
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
May 20, 2024 Council Packet Page 23
CNFL_SEL_City of Selma Page 1 of 5

CONFIRMATION OF LEASE
(SEL/2831 W Front Street)
This CONFIRMATION OF LEASE (this Agreement), effective as of January 1, 2024, is made by and between CALIFORNIA WATER SERVICE COMPANY, a California corporation and public water utility (Cal Water) and the CITY OF SELMA, a California municipal corporation (the City of Selma), who may each be referred to as a Party and together as the Parties.

BACKGROUND
A. On June 1, 2013, Cal Water, as the “Landlord”, and the City of Selma, as the “Tenant”, entered into that unrecorded Commercial Ground Lease, effective June 1, 2023 (the Lease). Under the Lease, Cal Water leased to the City of Selma the Property and the Building at 2831 W Front Street, City of Selma, State of California, then identified by APN 388-02-054 (together the “Premises” under the Lease) for the Term and the permitted uses that are all more particularly defined under the Lease.

B. On or around December 11, 2013, Cal Water consented to the City of Selma’s sublease of the Premises to Second Chance Animal Shelter of Selma, a California non-profit corporation (Second Chance). That sublease was terminated on or about December 31, 2023, and the City of Selma received the reversion of the leasehold. The City of Selma resumed possession of the Premises on January 1, 2024.

C. While the Lease expired by its terms on December 31, 2023, the City of Selma has been occupying the Premises on a holdover basis. While the City of Selma intended to exercise its option under Section 1.3.3. of the Lease to extend the Term of the Lease, the City of Selma did not provide Cal Water with the required notice under the Lease.

D. Cal Water is willing to extend the Term of the Lease under Section 1.3.3. in consideration for the confirmation of certain facts and conditions that are relevant under the Lease, and to the City of Selma’s acceptance of the terms and conditions of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the Background, the covenants below, and other good and valuable consideration, the Parties confirm or agree as follows:

1. Confirmations

1.1. Lease. The Lease, as amended by the Addendum attached to this Agreement as Exhibit A, constitutes the Lease. There are no other agreements between the Parties, whether written or oral, express or implied, concerning the letting, occupancy, or permitted use of the Premises by the City of Selma or any other person or party except as provided under the Lease.

May 20, 2024 Council Packet Page 24
CNFL_SEL_City of Selma Page 2 of 5

1.2. Date of Possession. The City of Selma resumed possession of and has been in continuous and uninterrupted possession of the Premises since January 1, 2024.

1.3. Term. The Term of the Lease will expire on December 31, 2033 (i.e., the Expiration Date), unless earlier terminated or cancelled as provided under the Lease. The City of Selma understands and acknowledges that the City of Selma, as the Tenant under the Lease: (a) has no option or right to further extend the Term of the Lease; (b) Cal Water has no obligation to extend the Term of the Lease or to enter into any new lease, license, or other agreement for the letting, occupancy, or use of the Premises; and that (c) Cal Water made no representation, express or implied, on which the City of Selma has or may rely that the Term of the Lease will or may be further extended or renewed.

1.4. Permitted Alterations. The Permitted Alterations (i.e., tenant improvements), shown or described on the attached Exhibit B are all of the Permitted Alterations on the Property and there are no other tenant improvements except for the Permitted Alterations. The Permitted Alterations are and will at all times under the Lease be Tenant’s leasehold improvements, severed from and not constituting a fixture, improvement, accession, or attachment to or part of the Property (i.e., the land) or the Building.

1.5. As-Is; Where-Is. The City of Selma resumed possession of the Premises as-is and where-is, with any and all faults, whether patent or latent, known or unknown, and without any representation, express or implied, oral or written from Cal Water or any of Cal Water’s agents or representatives of the nature, condition, suitability, or fitness of the Premises for the City of Selma’s intended use or purposes.

1.6. No Defaults. the Lease is in full force and effect and no event has occurred that with notice or the lapse of time or both would constitute an event of default by Tenant under the Lease. Moreover, Tenant is not in default in the payment of rents, charges, taxes, or other additions to rent that are due, demanded, or owing under the Lease.

2. Representations and Warranties

2.1. No Defaults. The Lease is in full force and effect and no event has occurred that with notice or the lapse of time or both would constitute an event of default by Cal Water, as the Landlord, under the Lease.

2.2. No Liens. The City of Selma has discharged, satisfied, or obtained releases of any mortage, judgment, lien, claim, or encumbrance attached to, affecting, or otherwise encumbering the Premises, any fixtures or improvements to the Premises, the Lease, and the leasehold estate, except as Cal Water has expressly allowed or consented to in writing.

2.3. No Nuisance or Waste. The City of Selma has not caused, permitted, or suffered any use of the Premises constituting spoil, waste, a public or private nuisance, an encroachment, trespass, or any hazardous, dangerous, unlawful, or illegal use or condition of any kind or nature.

May 20, 2024 Council Packet Page 25
CNFL_SEL_City of Selma Page 3 of 5

2.4. No Litigation. There are no pending actions, suits or proceedings, arbitration, mediation, or governmental investigations against or involving the City of Selma, an adverse outcome of which would materially affect the City of Selma’s right, power, or authority to enter into this Agreement or to perform its obligations under the Lease.

2.5. Construction Documents. The City of Selma has delivered to Cal Water all information and documents with the City of Selma’ possession or reasonable control that are related to the design, construction, repair, maintenance, renovation, placement, or installation of any leasehold improvements or fixtures in, on, or under the Premises, whether in hardcopy, electronic or softcopy, or any other medium and format.

2.6. Due Authority. The City of Selma has the full power, authority, and legal right to perform and observe the provisions of the Lease, as amended, and this Agreement in accordance with its terms.

3. General Terms

3.1. No Novation. The Parties do not intend this Agreement or any of the transactions contemplated under this Agreement to be deemed or construed to be or constituted a novation of the Lease or any of the terms, conditions, or obligations of the Tenant or Landlord under the Lease.

3.2. Binding Effect. This Agreement is binding on the Parties, their successors in interest and permitted assigns, and shall inure to the benefit of Cal Water and its successors and assigns.

3.3. Entire Agreement. The Lease, as amended, is the entire agreement between the Parties with respect to the Premises and supersedes all prior understandings, agreements, or conversations, or otherwise between the Parties.

3.4. Further Assurance. Upon a Party’s reasonable request, each other Party will execute, acknowledge, or deliver to the other Party or Parties such further assurances, documents, or instruments as reasonably necessary or required to effectuate the intent of this Agreement.

3.5. No Recordation. Neither Party may record this Agreement or the Lease, or any memorandum, notice, or short-form of this Agreement or the Lease, except with the prior written consent of all the Parties and upon terms and conditions as the Parties will mutually agree.

3.6. No Third Party Beneficiaries. This Agreement will not be deemed or construed to be an agreement for the benefit of any third party or parties and no third party or parties have any claim or right of action under this Agreement for any cause whatsoever.

3.7. Counterparts. This Agreement can be signed in one or more counterparts and by facsimile, PDF, or other electronic means. Each counterpart will be deemed an original and all counterparts, when taken together, will form one and the same instrument.

May 20, 2024 Council Packet Page 26
CNFL_SEL_City of Selma Page 4 of 5
IN WITNESS WHEREOF, the Parties have signed this Agreement intending it to be effective on January 1, 2024.

CITY OF SELMA,
a California municipal corporation
APPROVED BY [], ON:
[Date] (By Resolution 22-####)
By:
[]
Its: Mayor
Date:

APPROVED AS TO FORM:   ATTEST:

By:
[] []
[] Its: City Clerk
APPROVED AS TO CONTENT:
[]
[]
FINANCIAL APPROVAL:
[]
[]

City of Selma

May 20, 2024 Council Packet Page 27
CNFL_SEL_City of Selma Page 5 of 5

CALIFORNIA WATER SERVICE COMPANY,
a California corporation

By:

Its:

By:

Its:

Cal Water
May 20, 2024 Council Packet Page 28
CNFL_SEL_City of Selma Exhibit A Page 1 of 3
Exhibit A
Addendum to Lease

1. Basic Provisions

1.1. Term. Section 1.3 of the Lease (Term) is deleted and replaced with the following:

The Term of the Lease expires on December 31, 2033 (i.e., the Expiration Date), unless earlier terminated or cancelled as provided under the Lease.

1.2. Extension Term. The heading and content of Section 1.3.3 is deleted, except for the section number (i.e., 1.3.3), and replaced with “[Intentionally Omitted]”, to preserve internal cross-references and numbering in the Lease.

1. Insurance Coverages. The minimum coverages and limits of coverage required under Section 5 of the Lease are amended as follows:

Coverages: Minimums:

General Liability $10,000,000 (aggregate)
$5,000,000 (per occurrence)
PolluƟon Liability $10,000,000 (aggregate)
$5,000,000 (per occurrence)
Worker’s CompensaƟon Statutory Requirement
Auto Liability
Bodily Injury
Property Damage
$1,000,000 (per occurrence)

2. Surrender. Section 17 of the Lease is amended by adding the following subsections:

17.2 Title and Survey. No less than 60 days before the Expiration Date or Tenant’s earlier surrender of the Premises, Tenant will obtain and deliver at its cost to Landlord a condition of title report and UCC lien report and any drawings or plans of the as-built conditions of the Alterations and any land title, boundary, or topographic surveys that are in Tenant’s possession or reasonable control.

17.3 Surrender Deposit. No less than 30 days before the Expiration Date or Tenant’s earlier surrender of the Premises, Tenant will deposit with Landlord 20% of Tenant’s estimated costs for the removal or restoration of the Premises as a deposit and May 20, 2024 Council Packet Page 29
CNFL_SEL_City of Selma Exhibit A Page 2 of 3
security for the full and faithful performance of the work or removal of the Alterations.

3. Notice. Section 15 of the Lease is amended by deleting the Landlord and Tenant’s address and contact for notices and replacing such information with the following:

To Landlord: Selma District
California Water Service Co.
2042 2nd Street
Selma, CA 93662
AƩn: District Manager
E:

With a copy to: Legal Department
California Water Service Co.
1720 N First Street
San Jose, CA 95112
AƩn: Dir. of Real Estate
E: [email protected]
To Tenant: City of Selma
[]
[]
[]
[]
AƩn:

With a copy to: []

4. CASp Inspection. The following is added as Section 21.8:

21.8 CASp Inspection. Landlord has not had the Premises inspected by a Certified Access Specialist (CASp). Tenant may at its cost and expense conduct or have the Premises inspected by a CASp (a CASp Inspection); provided that the Parties agree on the time, manner, and scope of a CASp Inspection. Any repairs, remediations, modifications, or Alterations to the Premises to correct or address any violations or issues identified under a CASp Inspection will be the responsibility of Tenant.

May 20, 2024 Council Packet Page 30
CNFL_SEL_City of Selma Exhibit A Page 3 of 3

5. Permitted Alterations. Exhibit B attached to the Lease is deleted and replaced with the Exhibit B attached to that Confirmation of Lease, dated and effective January 1, 2024.

May 20, 2024 Council Packet Page 31
CNFL_SEL_City of Selma Exhibit B Page 1 of 2
Exhibit B
PermiƩed AlteraƟons

1. 30’ x 80’ Metal Building (Kennel)

2. Leach Area

3. Proposed Septic Tank
May 20, 2024 Council Packet Page 32
CNFL_SEL_City of Selma Exhibit B Page 2 of 2
May 20, 2024 Council Packet Page 33
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
__________________________________________________________________________ ITEM NO: E.

SUBJECT: Approve a Resolution Authorizing the City Manager to Execute a New Agreement for the Adoption of Retired K9, “Onyx” to Selma Police Officer Wyatt Gorman
______________________________________________________________________________ BACKGROUND: The Selma Police Department has utilized K-9 dogs over the past three decades. Through the course of this program, it has become common practice that a K-9 that has completed his service is officially retired. Once deemed the K-9 is no longer able to perform its law enforcement duties, the Department offers its handler the opportunity to adopt the K-9 as the handler and K-9 have a bond which ensures the best care for the K-9 as it lives out its life.

DISCUSSION: The Selma Police Department has owned and utilized the K9 Officer Onyx as a Patrol and Firearms K9 for the last 5 years. After serving our department, K9 Onyx has been deemed unable to continue his service as a Police K9 due to his age and his assigned handler has begun work with another law enforcement agency.

FISCAL IMPACT: There would be no negative fiscal impact on the City as the K-9 Adoption Agreement would be in exchange for consideration in the amount of $1.00. This would be paid by the person Adopting K-9 Onyx.
________________________________________________________________________________ RECOMMENDATION: Approve a Resolution Authorizing the City Manager to Execute a New Agreement for the Adoption of Retired K9, “Onyx” to Selma Police Officer Wyatt Gorman.
________________________________________________________________________________ _________/s/_______________ 05/20/2024
Fernando Santillan Date
City Manager
Attachments:

1. Resolution

2. Agreements
May 20, 2024 Council Packet Page 34
RESOLUTION NO. 2024 –__R

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW AGREEMENT FOR THE ADOPTION OF RETIRED K9, “ONYX” TO SELMA

POLICE OFFICER WYATT GORMAN
WHEREAS, the City owns a Belgium Malinois police K9 service dog (“Onyx”), who has been in the service of the Selma Police Department since June 2019; and WHEREAS, Onyx has served with the Selma Police Department for approximately five (5) years; and
WHEREAS, the standard retirement of police K9 services dogs is transfer of ownership to the partner/handler for the consideration of a nominal dollar amount; and WHEREAS, As a condition of this purchase, Officer Gorman will not allow Onyx to be used as a police K-9 service dog for any other law enforcement agency; and WHEREAS, the valuable consideration for this adoption of $1.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. The City Council hereby approves the Agreement with Gorman Wyatt.

3. The City Manager is authorized to execute all necessary documents.

5. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 20th day of May 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
May 20, 2024 Council Packet Page 35
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
May 20, 2024 Council Packet Page 36
City of Selma
K-9 ADOPTION AGREEMENT

RELEASE, WAIVER OF LIABILITY, AND

ASSUMPTION OF THE RISK AGREEMENT FORM
This Agreement ("Agreement") is made and entered into effective the 16th day of May, 2024 by and between the CITY of Selma, a California municipal corporation, its departments, it officers, its agents, its trainers, its council members, representatives, managers, servants, employees, successors, assigns, sponsors, or volunteers (hereinafter referred to as "CITY" or “Released Party”), and Wyatt Gorman, (adopting person) an individual, on behalf of myself, my heirs, agents, employees, and representatives (hereinafter referred to as “Releasor”).

Releasor desire to adopt retired CITY police K-9 “Onyx” (hereinafter referred to as “Retired police K-9”) from the CITY. In exchange for valuable consideration of $1.00, Releasor acknowledges, appreciates, and agrees to the following:
_____ I understand my Retired police K-9 has been trained to attack on command and at perceived threats. This training will always be a part of his/her temperament. As such, the police K9 will require ongoing training and potentially re-socialization training. I agree to provide such training and am financially able to do so.
_____ I agree to keep my Retired police K-9 housed in a kennel with a cover when not under my direct control.
_____ I agree that K-9 “Onyx” will remain retired and will never serve in a K-9 capacity for any law enforcement functions and or law enforcement agencies for the remainder of his life.
_____ I agree to house my adopted Retired police K-9 indoors or in a covered kennel outdoors. I

ALSO AGREE THAT UNDER NO CIRCUMSTANCES SHALL MY DOG BE LEFT UNATTENDED OUTDOORS FOR ANY REASON. I understand and acknowledge that there will be a time of transitioning my dog to retirement. I understand that housebreaking and other demands may be required. I am willing to persevere in this process until my dog has made the full transition to our home, including additional training if necessary. _____ I agree to exercise my Retired police K-9 daily (minimum of 2 walks/day and playtime). _____ I agree to provide ample food, water, and necessary dietary supplements for my Retired police K-9.
_____ I agree to have a properly fenced yard in good repair (no less than six (6) feet, but understand the kennel will only keep the K-9 contained). _____ I agree to provide veterinary care for my adopted Retired police K-9 to include but not be limited to the following: annual vaccinations, yearly exams, parasite control (external & internal), dental cleaning, and any established medical care which may have resulted in the K9’sretirement. (Average cost $1,000/year not including emergencies).

May 20, 2024 Council Packet Page 37
_____ I agree to notify my veterinarian, groomers, boarders, and any other care personnel that my dog is a retired police K-9.
_____ I understand that I need to abide by local, state, and federal laws regarding my retired police K-9.
_____ I agree to the insurance requirements below and will notify the CITY immediately if I am in breach of this provision.
_____ I am a current police officer with the City of Selma and have 6 years of police experience with 3 years’ experience as a police K-9 handler.

INHERENT RISKS, HAZARDS AND DANGERS ASSOCIATED

WITH LOANING VEHICLES FOR AN UNDERCOVER OPERATION
The ownership and care of a retired police K-9 is a demanding and a potentially hazardous activity.

Risks associated with the ownership and care of a retired police K-9, include, but are not limited to, death; physical trauma; head injury; brain damage; facial fractures; neck fractures; spinal fractures; damage to the spinal cord that results in complete or partial paralysis; amputation; rib fractures; punctured lungs; serious injury to all bones, joints, muscles, and internal organs; aggravation of pre-existing conditions; eye damage, hearing loss; heat stroke; fainting; collapse; exhaustion; physical or psychological injury; pain; suffering; illness; disfigurement; permanent disability; economic loss; emotional loss; and property damage (hereinafter “Inherent Risks”).

Such risks can arise in an incalculable variety of foreseeable and unforeseeable ways, some foreseeable ways may include the following: being involved in a dog attack, the dog getting loose and attacking other people, actions of any third party bothering the dog, which results in an attack of third parties or yourself; potential reckless actions of others; and complications associated with exposure to weather conditions, such as, rain, wind, hail, thunder, lightning, and other forces of the elements while walking the dog. Even though particular rules, safety equipment, and personal discipline may reduce the risk such items may still be inadequate to prevent serious accident, injury or death (hereinafter “Hazards and Dangers”). Therefore:

Assumption of the Risk, Covenants, Waivers and Indemnification (a) ASSUMPTION OF RISK. Releasor knowingly and freely assumes all Inherent Risks, Hazards and Dangers, both known and unknown, foreseeable and unforeseeable, even if arising from the negligence of Released Party arising out of my adoption, ownership, maintenance and care of the Retired police K-9. Releasor assumes full responsibility for the ownership, maintenance and control of the Retired police K-9, which may leave Releasor vulnerable or exposed to the Hazards and Dangers and hereby knowingly accept and assume all Inherent Risks, and responsibility for any damages, liabilities, losses, injuries or expenses which Releasor incurs.
(b) WAIVER AND RELEASE. Releasor hereby voluntarily waives, releases and forever discharges Released Party from any and all allegations, claims, demands, damages, loss, expense, lawsuits or causes of action (hereinafter “Claims”), which Releasor may otherwise have arising out of the Releasor’s adoption, ownership, maintenance and care of the Retired police K-9. This means, to the extent permitted by law, Releasor cannot file Claims or recover money damages if its agents, representatives, officers or employees May 20, 2024 Council Packet Page 38
sustain Inherent Damages arising out of the adoption, ownership, maintenance and care of the Retired police K-9.
(c) INDEMNIFICATION. Releasor hereby voluntarily releases, forever discharges, and agrees to defend, indemnify and hold harmless Released Party from any and all Claims, which are in any way connected with Releasor’s (including its agents, employees, officers or representatives) adoption, ownership, maintenance and care of the Retired police K-9, including but not limited to any such Claims which allege negligent acts or omissions of Released Party, to the extent permitted by law. This means if anyone seeks money damages from Released Party arising out of Releasor’s adoption, ownership, maintenance and care of the Retired police K-9, Releasor will pay for Released Party’s attorney fees and costs to defend it against any such Claims, and Releasor will pay any monetary amount to resolve or satisfy Claims, which are in any way connected to Releasor’s adoption, ownership, maintenance and care of the Retired police K-9.

Insurance
(a) The Releasor shall maintain liability insurance in amounts no less than $1,000,000 per occurrence. The Releasor shall identify the CITY as an additional insured on such insurance policy or policies and provide proof of the same at the time of the adoption, and at the time of every renewal. Releasor understands that these are the minimum requirements and that its duties under this Agreement are not limited by this Section.

Specifically, the Releasor is required to defend and indemnify the CITY under this Agreement regardless of the amount of insurance.
(b) This Section shall survive termination or expiration of this Agreement, as the parties anticipate the potential for claims made after the termination or expiration of this Agreement.

Severability, Choice of Law and Enforcement
(a) PARTIAL INVALIDITY/CHOICE OF LAW: Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. This Agreement, covenant, waiver and release shall be governed and construed under the laws of the State of California.
(b) EXPENSES OF ENFORCEMENT: Should the Released Party be required to incur attorney’s fees and costs to enforce this Agreement Releasor will pay all of those attorney’s fees and costs.
(c) VENUE: Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.

Interpretation
(a) INTERPRETATION: The parties acknowledge that this Agreement in its final forms is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

May 20, 2024 Council Packet Page 39
(b) HEADINGS: The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. (c) JOINT AND SEVERAL LIABILITY/USE OF TERMS: In the event the undersigned consist of more than one party, then each of the undersigned shall be jointly, severally, and individually liable for all obligations, agreements, and promises of the undersigned herein. As used in this Agreement, the singular shall include the plural and the plural the singular and the masculine, feminine, and neuter genders shall each include the others as the context requires.
(d) ENTIRE AGREEMENT, NO ORAL MODIFICATION: This Agreement and the RETIRED POLICE K-9 ADOPTION APPLICATION, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. Subsequent written agreements are invalid unless approved by an authorized agent of Released Party specifically authorized by the legislative body of the Released Party to execute amendments to this Agreement, at the level of City Manager or equivalent.

Releasor acknowledges that he/she reads and understands English and has carefully read and understands the significance of this RELEASE, WAIVER OF LIABILITY AND ASSUMPTION OF THE RISK AGREEMENT in its entirety. Releasor consents to the foregoing to adopt the Retired police K-9.

Description of Dog:

Breed: _Belgium Malinois______ Name: _Onyx_________________ Age:_5 years_________ Color: Brown & Black__ Sex: ___Female_____ Executed on this 20th day of May, 2024 in the City of Selma, CA. _____________________________________
_____________________________________
(Releasor- Wyatt Gorman)
_____________________________________
Date
_____________________________________
City Manager, Fernando Santillan
_____________________________________
Date
May 20, 2024 Council Packet Page 40
CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT 84042 04/17/24 Printed ACTION TOWING AND DIVE TEAM PD -VEHICLE STORAGE FOR VARIOUS CASES - FEBRUARY 2024
348.00
84043 04/17/24 Printed ALTA LANGUAGE SERVICES, INC. HR -LISTENING & SPEAKING TEST 68.00 84044 04/17/24 Printed ALEJANDRO ALVAREZ PD -SUPERVISOR LEARNING INSTITUTE PER DIEM 4/14-4/17/24
R 225.00
84045 04/17/24 Printed AT&T ECO DEV -CVTC INTERNET SERVICE 3/6/24- 4/5/24
R 121.29
84046 04/17/24 Printed AT&T ADMIN -PD FIRE ALARM 3/20/24-4/19/24 310.85 84047 04/17/24 Printed AT&T MOBILITY ADMIN -TELEPHONE MDT'S 2/12/24-3/11/24 1,780.98 84048 04/17/24 Printed B&L MECHANICAL FIN -BUSINESS LICENSE OVERPAYMENT

REIMBURSEMENT

27.50 84049 04/17/24 Printed BAUER COMPRESSORS INC. FD -TURNOUT BOOTS 455.60 84050 04/17/24 Printed SALLY BREYER PD -ANIMAL SHELTER SUPPLIES

REIMBURSEMENT
109.51
84051 04/17/24 Printed ANGYLA BRUMM PD -REIMBURSEMENT FOR PAYMENT TO

REEDLEY VET FOR ANIMAL SERVICE
142.00
84052 04/17/24 Printed ROD CARSEY / ROD CARSEY

CONSULTING
BLDG -PLAN CHECKS MARCH 2024 5,700.56
84053-
84055
04/17/24 Printed CENCAL AUTO & TRUCK PARTS, INC /

NAPA AUTO PARTS
FLEET -AUTO PARTS & SUPPLIES 1,971.85
84056 04/17/24 Printed CENTRAL SANITARY SUPPLY, LLC. PW -JANITORIAL SUPPLIES 299.95 84057 04/17/24 Printed CENTRAL VALLEY OVERHEAD DOOR PW -REPLACED ROLL UP DOOR STA 1, ADJ.

DOOR STA 2
3,338.40
84058 04/17/24 Printed CITY OF FRESNO PD -2 CLASSES PERISHABLE SKILLS TRAINING 4/16/24-4/19/24
R 1,186.00
84059 04/17/24 Printed COOK'S COMMUNICATION CORP PD -FED SIG REPLACEMENT LIGHT HEAD IN UNIT#183
593.18
84060 04/17/24 Printed COUNTY OF TULARE PD -SPAY/NEUTER & RABIES SHOTS 3,605.00 84061-
84062
04/17/24 Printed DELTA DENTAL OF CALIFORNIA HR -DENTAL CLAIMS 1/12-4/4/24 21,885.10 84063 04/17/24 Printed DEPARTMENT OF JUSTICE PD -BLOOD ALCOHOL ANALYSIS FEBRUARY 2024
140.00
84064 04/17/24 Printed DIVISION OF THE STATE ARCHITECT FIN -ADA FEE 1/1/24-3/31/24 R 147.60 84065 04/17/24 Printed EAST OF BAY PLASTERING FIN -BUSINESS LICENSE OVERPAYMENT

REIMBURSEMENT

30.00 84066 04/17/24 Printed JAVIER EVARISTO - GARAGE DOOR

SKILLZ INC

PW -SERVICE & INSPECT GATES AT PUBLIC

WORKS CORP YARD
270.00
84067 04/17/24 Printed FINANCIAL PACIFIC LEASING FD -2019 DANKO WILDLAND VEHICLES LEASE 21,922.40 84068 04/17/24 Printed FRESNO OXYGEN FD -MEDICAL OXYGEN 486.98 84069 04/17/24 Printed GCS ENVIRONMENTAL EQUIPMENT FLEET -SOLENOID VALVE UNIT#1315 ST

SWEEPER
220.00
84070 04/17/24 Printed H&R BLOCK FIN -BUSINESS LICENSE OVERPAYMENT

REIMBURSEMENT

50.00 84071 04/17/24 Printed HAAKER EQUIPMENT CO PW -VACTOR TRUCK RENTAL 2/29-3/27/24

STORM DRAINS
16,021.00
84072 04/17/24 Printed HEALTHWISE SERVICES, LLC. PD -35 GALLON PHARM KIOSK CONTAINER 173.75 84073 04/17/24 Printed RAUL R HERRERA JR / ECN POLYGRAPHHR -POLYGRAPH SERVICES MARCH 2024 1,000.00 84074 04/17/24 Printed JUSTIN HOLT HR -2022 FSA REIMBURSEMENT 54.46 84075 04/17/24 Printed JORGENSEN & COMPANY PW -ANNUAL FIRE EXTINGUISHER

INSPECTIONS
817.70
84076 04/17/24 Printed LABOR FIRST, LLC / RETIRE FIRST HR -RETIREE POST 65 PREMIUMS MAY 2024 5,016.00 84077 04/17/24 Printed CLAUDIO LASO ART C -RIDE THE CYCLONE CO DIRECTOR 150.00 84078 04/17/24 Printed LEON ENVIRONMENTAL SERVICES PW -ASBESTOS BULK SAMPLE & ANALYSIS -

SENIOR CENTER & SALAZAR CENTER
2,375.00
84079 04/17/24 Printed LES SCHWAB TIRE CENTERS OF

CENTRAL CA INC
FLEET -WHEEL BALANCE UNIT#110, TIRES
UNIT#915 & UNIT#228
2,333.30
84080 04/17/24 Printed LIEBERT, CASSIDY, WHITMORE HR -LEGAL SERVICES FEBRUARY 2024 5,529.50 84081 04/17/24 Printed LIFE-ASSIST INC. FD -MEDICAL SUPPLIES 1,713.83 84082 04/17/24 Printed MEDLINE INDUSTRIES, INC. FD -MEDICAL SUPPLIES 604.10 84083 04/17/24 Printed SAMUEL NEVAREZ PD -PERISHABLE SKILLS TRAINING PER DIEM 4/16-4/19/24
R 60.00
84084 04/17/24 Printed ODP BUSINESS SOLUTIONS LLC ADMIN -OFFICE SUPPLIES 529.79 84085 04/17/24 Printed MATTHEW PETERS FD -ANNUAL TRAINING OFFICERS SYMPOSIUM 659.00 84086 04/17/24 Printed PG&E ADMIN -UTILITIES MARCH 2024 322.71 84087 04/17/24 Printed PG&E ADMIN -UTILITIES MARCH 2024 50,055.42 84088 04/17/24 Printed PG&E ADMIN -UTILITIES MARCH 2024 7,319.64 84089 04/17/24 Printed PITNEY BOWES BANK INC ADMIN -POSTAGE REFILL 1,075.24

CHECK REGISTER REPORT
May 20, 2024 Council Packet Page 41
CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT

CHECK REGISTER REPORT
84090 04/17/24 Printed QUAD KNOPF, INC. COMM DEV -PROFESSIONAL SERV. FOR PLANNING 2/18-3/16/24
4,138.16
84091 04/17/24 Printed RAMOS HR CONSULTING INC HR -CLASSIFICATION AND COMPENSATION STUDY
25,110.00
84092 04/17/24 Printed ROBERT HALF FINANCE & HR -SENIOR ACCOUNTANT 3/29/24 2,960.00 84093 04/17/24 Printed HUMBERTO SALAS PD -PERISHABLE SKILL TRAINING PER DIEM 4/16-4/19/24
R 60.00
84094 04/17/24 Printed SITEONE LANDSCAPE SUPPLY, LLC. PW -SPRINKLER SUPPLIES 1,104.32 84095 04/17/24 Printed STERICYCLE, INC. PD -STERI-SAFE OSHA COMPLIANCE SUBSCRIPTION 4/1-4/30/24
214.11
84096 04/17/24 Printed SUNRUN INSTALLATIONS SERVICES FIN -BUSINESS LICENSE OVERPAYMENT

REIMBURSEMENT

27.50 84097 04/17/24 Printed TARGET SPECIALTY PRODUCTS PW -HERBICIDES & ROUNDUP 1,473.09 84098 04/17/24 Printed TEC WEST, INC. HR -ACCOUNTING CLERK 3/24/24 1,550.00 84099 04/17/24 Printed THE MOWER'S EDGE INC. PW -WHEEL KITS W/HARDWARE FOR EXMARKS 409.56 84100 04/17/24 Printed THISTLE & THORN FLORAL FIN -BUSINESS LICENSE OVERPAYMENT

REIMBURSEMENT

30.00 84101 04/17/24 Printed THOMAS J O'LAUGHLIN MD INC. FD -MEDICAL DIRECTOR MAY 2024 500.00 84102 04/17/24 Printed RUSSELL & MARIE TYGART /

UNIQUELY YOURS

PW -EMBROIDER NAME & SEW CITY PATCHES

ON WINTER JACKETS

70.67 84103 04/17/24 Printed U.S. BANK EQUIPMENT FINANCE ADMIN -COPY MACHINE LEASES APRIL 2024 2,311.26 84104 04/17/24 Printed VALLEY SHREDDING LLC PD -96 GALLON RECYCLE SHREDDING 69.00 84105 04/17/24 Printed VERIZON FD -VEHICLE TRACKING DEC-MARCH 2024 284.25 84106 04/17/24 Printed WASTE MANAGEMENT-USA WASTE FIN -GARBAGE MARCH 2024 139,433.76 84107 04/17/24 Printed WHITE CAP, L.P. PW -WINTER JACKETS 278.74 84108 05/01/24 Printed AIRGAS USA LLC ECO DEV -CVTC OXYGEN SUPPLIES R 26.17 84109 05/01/24 Printed ALLSTAR FIRE EQUIPMENT FD -CAPTAINS TRADITIONAL COMPOSITE

HELMETS
978.73
84110 05/01/24 Printed ALEJANDRO ALVAREZ PD -SUPERVISOR LEARNING INSTITUTE PER DIEM 5/19-5/22
225.00
84111 05/01/24 Printed ALEJANDRO ALVAREZ PD -NATIONAL POLICE WEEK CONF. PER DIEM 5/11-5/16/24
390.00
84112 05/01/24 Printed NICOLETTE ANDERSEN COMM SERV -MATILDA SNACK BAR 240.70 84113 05/01/24 Printed ASSOCIATED DESIGN & ENGINEERING
INC
PW -STRUCTURAL ENGINEERING SERV.

SENIOR CENTER REPAIRS
2,425.22
84114 05/01/24 Printed AT&T FIN -INTERNET FOR WEED & SEED 4/11/24- 5/10/24

84.89 84115 05/01/24 Printed AT&T ADMIN -PD LOGGING RECORDER MAINT 3/23- 4/22/24
494.37
84116 05/01/24 Printed AT&T ADMIN -TELEPHONE 3/4-4/3/24 1,715.60 84117 05/01/24 Printed AT&T ADMIN -TELEPHONE 3/4-4/3/24 116.10 84118 05/01/24 Printed AT&T ADMIN -TELEPHONE 3/4-4/3/24 111.00 84119 05/01/24 Printed AT&T ADMIN -TELEPHONE 3/12-4/11/24 57.67 84120 05/01/24 Printed AT&T ADMIN -TELEPHONE 3/12-4/11/24 103.11 84121 05/01/24 Printed AT&T ADMIN -TELEPHONE 3/12-4/11/24 200.90 84122 05/01/24 Printed AT&T MOBILITY ADMIN -TELEPHONE MDT'S 3/1/24-3/31/24 389.07 84123 05/01/24 Printed BANNER PEST CONTROL INC ADMIN -PEST CONTROL APRIL 2024 496.00 84124 05/01/24 Printed JAY W. BROCK / TOP DOG TRAINING
CENTER
PD -SERVICE MAINTENANCE TRAINING 3/18/24 &
4/1/24
360.00
84125 05/01/24 Printed ANGYLA BRUMM PD -REEDLEY VETERINARY INC SERVICES 462.85 84126 05/01/24 Printed CALIFORNIA TURF EQUIPMENT &

SUPPLY INC

PW -PARK MAINTENANCE & LANDSCAPING
EQUIP. SUPPLIES
2,811.12
84127 05/01/24 Printed CALIFORNIA WATER SERVICE ADMIN -WATER SERVICE MARCH 2024 10,656.85 84128 05/01/24 Printed TIM CANNON PD -NATIONAL POLICE WEEK PER DIEM 5/11- 5/16/24
390.00
84129-
84133
05/01/24 Printed CENCAL AUTO & TRUCK PARTS, INC FLEET -AUTO PARTS 6,480.96 84134-
84136
05/01/24 Printed CENTRAL SANITARY SUPPLY, LLC. PW -JANITORIAL SUPPLIES 6,611.57 84137 05/01/24 Printed CISCO SYSTEMS CAPITAL CRP ADMIN -PHONE SYSTEM LEASE 1,375.84 84138 05/01/24 Printed CITY OF FRESNO FD -PERISHABLE SKILLS TRAINING 5/21/24- 5/24/24
R 1,779.00
84139 05/01/24 Printed COBRA PROFESSIONALS, INC. HR -FSA ADMINISTRATIVE FEE 1/1/24-3/31/24 252.00 84140 05/01/24 Printed ENRIQUE BARBOSA COLIN / BARBOSA

AUTO GLASS
FLEET -WINDSHIELD REPAIR UNIT# 8560 & 8563 840.00
May 20, 2024 Council Packet Page 42
CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT

CHECK REGISTER REPORT
84141 05/01/24 Printed COMCAST ADMIN -PD TO FCSO MARCH 2024 728.57 84142 05/01/24 Printed COMCAST ADMIN -INTERNET SERVICE APRIL 2024 833.96 84143 05/01/24 Printed COMCAST FD -INTERNET SERVICES 4/11/24-5/10/24 402.44 84144 05/01/24 Printed CORE BUSINESS INTERIORS DBA

CORE SPACES AND DESIGN
PD -3 TWO DOOR CABINETS FOR AXON

CAMERA BATTERY CHARGERS
2,870.37
84145 05/01/24 Printed CORELOGIC SOLUTIONS LLC ADMIN -REALQUEST SERVICES MARCH 2024 481.25 84146 05/01/24 Printed COUNTY OF TULARE PD -SPAY/NEUTER AND RABIES SHOTS 620.00 84147 05/01/24 Printed CPRS DISTRICT 7 COMM SERV -PARTICIPANT REGISTRATION 10

MEMBERS
400.00
84148 05/01/24 Printed DATAPATH LLC IT -SECURITY KEY NFC BY YUBICO, DOWN

PAYMENT FOR ANIMAL SERVICES SITE
950.00
84149 05/01/24 Printed BRIAN DAVIS COMM SERV -REIMBURSEMENT FOR MILEAGE 26.13 84150 05/01/24 Printed DELTA DENTAL OF CALIFORNIA HR -DENTAL CLAIMS 4/11/24 1,607.10 84151 05/01/24 Printed DEPARTMENT OF JUSTICE PD -FINGERPRINTS & BLOOD ALCOHOL ANALYSIS MARCH 2024
729.00
84152 05/01/24 Printed AUDIA YVONNE DIXON COMM SERV -PROMO ADD ILLUSTRATIONS 1,500.00 84153 05/01/24 Printed EDITOR LLC COMM SERV -MUSICAL THEATER PROMO

PHOTOS & EDITING
600.00
84154 05/01/24 Printed FAHRNEY ENTERPRISES INC. PD -2024 RAV-4 HYBRID FOR ACT POSITION R 39,466.53 84155 05/01/24 Printed FRESNO COUNTY SHERIFF PD -PRISONER PROCESSING 1/1-3/31/24 1,241.54 84156 05/01/24 Printed FRESNO ECONOMIC OPPORTUNITIES SENIOR C -MEALS MARCH 2024 & SITE SUPPLIES FEBRUARY 2024
2,495.87
84157 05/01/24 Printed FRESNO OXYGEN FD -MEDICAL SUPPLIES 754.78 84158 05/01/24 Printed GAR BENNETT LLC PW -IRRIGATION SUPPLIES 94.17 84159 05/01/24 Printed MICHAEL CALEB GARCIA PD -PERISHABLE SKILLS TRAINING PER DIEM 5/14-5/17/24
R 60.00
84160 05/01/24 Printed RENE GARZA PD -COMMAND COLLEGE PER DIEM 5/5-5/10/24 355.00 84161 05/01/24 Printed GCS ENVIRONMENTAL EQUIPMENT FLEET -GUTTER BROOM TORQUE MOTOR & HUB UNIT#1315
1,359.16
84162 05/01/24 Printed GRENZ TPA INSURANCE ADMIN /

AMERICAN RIVER BENEFIT ADMIN

HR -FIRE EMPLOYEES LIFE INSURANCE APRIL
2024
583.86
84163 05/01/24 Printed GRISWOLD, LASALLE, COBB, DOWD CITY ATTORNEY -LEGAL FEES FEBRUARY & MARCH 2024
52,626.46
84164 05/01/24 Printed CHRISTIAN GUIZAR PD -PERISHABLE SKILLS TRAINING PER DIEM 5/21-5/24/24
R 60.00
84165 05/01/24 Printed ANDREW GUZMAN PD -PERISHABLE SKILLS TRAINING PER DIEM 5/14-5/17/24
R 60.00
84166 05/01/24 Printed HAAKER EQUIPMENT CO PW -VECTOR TRUCK RENTAL 2/1-2/28/24 16,021.00 84167 05/01/24 Printed HEALTHWISE SERVICES, LLC. FD -BIOHAZARD DISPOSAL SERVICE 466.25 84168 05/01/24 Printed RAUL R HERRERA JR / ECN POLYGRAPHHR -POLYGRAPH SERVICES 4/2/24 250.00 84169 05/01/24 Printed HINDERLITER DE LLAMAS & ASSOCIATESFIN -SALES TAX JAN-MARCH 2024 1,226.51 84170 05/01/24 Printed KIMBERLY HOUSTON COMM SERV -MATILDA PROPS 197.17 84171-
84172
05/01/24 Printed HOWMEDICA OSTEONICS CORP./

STRYKER SALES, LLC

FD -AMBULANCE EQUIPMENT AGREEMENT &

SUPPLIES
55,919.68
84173 05/01/24 Printed HPS MECHANICAL, INC. ENG -PROGRESS PAYMENT #1 CLARKSON LIFT

STATION
24,997.35
84174 05/01/24 Printed TRAVIS HUGHES FD -ACLS/PALS CERTIFICATION RENEWAL

REIMBURSEMENT
195.00
84175 05/01/24 Printed IMAGETREND INC. FD -EPCR SOFTWARE MARCH 2024 454.48 84176 05/01/24 Printed INDUSTRIAL SAFETY LLC PW -LIGHTWEIGHT GLOVES, SAFETY GLASSES,

EAR PLUGS
416.26
84177 05/01/24 Printed INTERNATIONAL BUSINESS

INFORMATION TECHNOLOGIES

PD -ANNUAL SHIELD SUITE SUBSCRIPTION
2/1/24-1/31/25
4,841.00
84178 05/01/24 Printed JOHNSON CONTROLS SECURITY ADMIN -ALARM SERVICES 4/1/24-6/30/24 4,319.89 84179 05/01/24 Printed BRYANT JOLLEY FIN -FISCAL YEAR 23 AUDIT SERVICES 48,000.00 84180 05/01/24 Printed JAKE KARAM FD -EMT RECERTIFICATION REIMBURSEMENT 82.00 84181 05/01/24 Printed JEFF KESTLY HR -REIMBURSEMENT FOR APRIL 2024 188.07 84182 05/01/24 Printed KINGS INDUSTRIAL OCCUPATION HR -PRE-EMPLOYMENT PHYSICALS & DRUG TESTS
900.00
84183 05/01/24 Printed KRC SAFETY CO INC PW -GRAPHIC VINYL FILM FOR ST SIGNS 559.99 84184 05/01/24 Printed TIM J LAW / LAW & ASSOCIATES HR -LAW ENFORCEMENT BACKGROUND 800.00 84185 05/01/24 Printed LES SCHWAB TIRE CENTERS OF

CENTRAL CA INC

FLEET -TIRES, BALANCE & REPAIRS FOR

VARIOUS UNITS
818.03
84186 05/01/24 Printed LIFE-ASSIST INC. FD -MEDICAL SUPPLIES 962.65 84187 05/01/24 Printed MEDLINE INDUSTRIES, INC. FD -MEDICAL SUPPLIES 567.34 May 20, 2024 Council Packet Page 43
CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT

CHECK REGISTER REPORT
84188 05/01/24 Printed MV PUBLIC TRANSPORTATION, INC. REC -SENIOR TRIP TO TABLE MOUNTAIN 150.00 84189 05/01/24 Printed MYERS STEVENS & TOOHEY & CO. HR -POLICE EMPLOYEES LIFE INS PREMIUMS MAY 2024
684.00
84190 05/01/24 Printed MAYA NUNEZ-TELLEZ PD -ANIMAL SHELTER SUPPLIES

REIMBURSEMENT
271.93
84191 05/01/24 Printed ODP BUSINESS SOLUTIONS LLC ADMIN -OFFICE SUPPLIES 805.15 84192 05/01/24 Printed OOSOSHARP, LLC / SHARP

AMBULANCE BILLING
FD -AMBULANCE BILLING MARCH 2024 14,501.83
84193 05/01/24 Printed ROBERT OROZCO JR PD -EVIDENCE TOW CS#24-1290 575.00 84194 05/01/24 Printed PG&E ADMIN -UTILITIES APRIL 2024 85.36 84195 05/01/24 Printed PG&E ADMIN -UTILITIES APRIL 2024 177.21 84196 05/01/24 Printed PG&E ADMIN -UTILITIES APRIL 2024 22,234.23 84197 05/01/24 Printed PIPKIN DETECTIVE AGENCY INC. HR -PRE-EMPLOYMENT BACKGROUND CHECK 594.00 84198 05/01/24 Printed PITNEY BOWES BANK INC PD -POSTAGE REFILL 547.28 84199 05/01/24 Printed PRICE PAIGE & COMPANY FIN -PROFESSIONAL SERVICES MARCH 2024 7,795.00 84200 05/01/24 Printed QUAD KNOPF, INC. PLANNING -PROFESSIONAL SERVICES 1/7- 3/30/24
PARTIAL R 21,050.00
84201 05/01/24 Printed MARTHA REYES COMM SERV -PICNIC SHELTER RENTAL

REFUND -ACCIDENTALLY CHARGED TWICE

50.00 84202 05/01/24 Printed ROBERT HALF FINANCE & ACCOUNTINGHR -SENIOR ACCOUNTANT 3/15/24-4/12/24 6,697.00 84203 05/01/24 Printed GARRETT RUIZ COMM SERV -MATILDA WIGS 300.00 84204 05/01/24 Printed SANTA MARIA CALIFORNIA NEWS COMM DEV -PUBLIC HEARING NOTICE 206.96 84205 05/01/24 Printed SAMANTHA SAUCEDA FD -TRAVEL REIMBURSEMENT AFSS

CONFERENCE
504.83
84206 05/01/24 Printed SITEONE LANDSCAPE SUPPLY, LLC. PW -IRRIGATION SUPPLIES 1,224.36 84207 05/01/24 Printed AMY SMART COMM SERV -BATTLE OF THE BANDS MAILING 52.10 84208 05/01/24 Printed SOCIAL VOCATIONAL SERVICES INC /

EMPLOY AMERICA

PW -PARK RESTROOM MAINTENANCE MARCH
2024
1,238.40
84209 05/01/24 Printed SOUTH COUNTY VETERINARY PD -VET VISIT FOR SHELTER DOG 227.00 84210 05/01/24 Printed SPARKLETTS ECO DEV -WATER SERVICE FOR CVTC R 42.99 84211 05/01/24 Printed SPARKLETTS ECO DEV -WATER SERVICE FOR CVTC R 52.99 84212 05/01/24 Printed SUN LIFE HR -EMPLOYEE INSURANCE MAY 2024 2,535.82 84213 05/01/24 Printed SWANSON-FAHRNEY FORD SALES INC FLEET -MOTOR ASSEMBLY UNIT#1006 42.87 84214 05/01/24 Printed TAG-AMS, INC. HR -DOT REQUIRED RANDOM DRUG TESTING 180.00 84215 05/01/24 Printed TARGET SOLUTIONS LEARNING LLC FD -VECTOR SCHEDULING 4/2/24-12/30/24 691.70 84216 05/01/24 Printed TARGET SPECIALTY PRODUCTS PW -ROUNDUP & HERBICIDE 1,473.07 84217 05/01/24 Printed TEC WEST, INC. HR -ACCOUNTING CLERK & EXECUTIVE ASSISTANT 3/31/24-4/14/24
8,060.00
84218 05/01/24 Printed TELEFLEX LLC FD -MEDICAL SUPPLIES 733.86 84219 05/01/24 Printed RUSSELL & MARIE TYGART /

UNIQUELY YOURS
COMM SERV -T BALL EQUIPMENT 2,370.80
84220 05/01/24 Printed TYLER TECHNOLOGIES, INC. FIN -FUNDBALANCE ANNUAL MAINTENANCE 5/1/24-4/30/25
943.28
84221 05/01/24 Printed UBEO WEST, LLC. IT -LASERFICHE FULL USER LSAP 2,400.00 84222 05/01/24 Printed UNITY IT PD -2 DELL OPTIFLEX DESKTOP COMPUTERS 2,046.38 84223 05/01/24 Printed VALLEY SHREDDING LLC PD -96 GALLON RECYCLE SHREDDING ON SITE 135.00 84224 05/01/24 Printed VERIZON WIRELESS ADMIN -CELL PHONES & AIRCARDS 2/19/24- 3/18/24
478.26
84225 05/01/24 Printed VINCENT COMMUNICATIONS INC FD -EMS HT MICS 397.53 84226 05/01/24 Printed DANIEL VIVEROS / D&G FENCE PD -BARBWIRE AT ANIMAL SHELTER 4,300.00 84227-
84238
05/01/24 Printed YAMABE & HORN ENGINEERING, INC COMM DEV -ENGINEERING SERVICES DECEMBER-FEBRUARY 2024
PARTIAL R 315,253.62
TOTAL 1,076,544.00
Grant: G PD State Appropriation: PDSA (457) Reimbursement: R May 20, 2024 Council Packet Page 44
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:

ITEM NO: 1.

SUBJECT:

DISCUSSION: The City Council held a budget workshop on April 5, 2024, to discuss Council’s budget priorities for the upcoming fiscal year. At this meeting, the City Manager and Department Heads provided information with regard to proposed operational and capital expenditures. The City Council provided feedback to staff regarding items that should be included in the FY 25 budget, including:
• Funding to Address Homelessness and Unhoused Population ($60,000) • BID Downtown Storefront Improvement Grant Program ($100,000) • New and Carry-Over Funding for Downtown Speakers and Trees ($80,000) • New Funding for Downtown Lighting ($80,000)
All of these requested items have been included in the current Draft FY 24-25 Budget Proposal.

General Fund Revenues
Property Taxes
While overall tax receipts are projected to come in higher in FY 25 than in FY 24, the increase is mostly due to larger property tax receipts generated by new development and higher property valuations by the Fresno County Assessor’s Office. Overall, general fund property tax revenue is projected at $4,804,547.

Sales & Use Tax
Sales and Use Tax revenue is projected to end the current fiscal year lower than budgeted by about $509,000 and are estimated to come in at around $8,820,609, compared to $9,323,000 as budgeted. In FY 25, our projected Sales Tax revenue is $9,042,000, a 3% decrease from the FY 24 budget.

ARPA
One of the major differences in the new proposed budget will be the absence of American Rescue Plan Act (ARPA) funds, which in the previous two fiscal years were utilized to support general operations as well as capital projects. In FY 24, ARPA contributed $880,000 to the General Fund. Going forward in FY 25, ARPA funds will no longer be a source of revenue.

Review of Draft 2024-2025 City of Selma Fiscal Year Budget May 20, 2024
May 20, 2024 Council Packet Page 45
Overall, the Draft FY 24-25 Budget Proposal is for a total of $51,378,002, with the General Fund making up a total budget of $19,140,872, representing a total decrease of 15.37% or about $3 million dollars, relative to the FY 23-24 adopted General Fund budget.

Staff has prepared a visual presentation with more details and highlights regarding the Draft FY 24-25 Proposed Budget.

RECOMMENDATION: Information and Discussion Only. Final Budget Proposal will be presented for adoption at the June 3rd, 2024 City Council Meeting. ___/s/___________________________________ ____05/20/2024 Fernando Santillan, City Manager Date
May 20, 2024 Council Packet Page 46
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
______________________________________________________________________________ ITEM NO: 2.

SUBJECT: Discussion of Development Related Fees with Regional Comparison ______________________________________________________________________________ BACKGROUND:

At the March 18, 2024, regular meeting, the City Council requested an item to discuss fees associated with development. The fees to be reviewed included Development Impact Fees and Permit Fees.

As the analysis was being prepared, City staff received a letter from Nick Sahota, President of Central Valley Engineering and Surveying (CVEAS), that identifies a concern regarding the City’s fees associated with the development (Attachment 1). Specifically, the project in question is the Casa de Villa apartment project that consists of 40 multi-family units and future commercial development.

Mr. Sahota identifies five cities which may show a “discrepancy” with how the City’s fees are levied. Additionally, he identifies per unit costs for City fees as approximately $20,000 per unit, and approximately $35,000 per unit when outside agency fees are included.

DISCUSSION:

To assess development related fees as requested by the Council, a 40-unit apartment project consistent with the Casa de Villa project was the basis for comparison across the nine cities reviewed.

The cities being reviewed consist of cities that are smaller, larger, or similar in size to Selma.

Furthermore, Staff included fees that were readily available at the time the review was being conducted. Inquiries were made to other cities where responses for clarification or estimates were not received in a timely manner and, therefore, could not be used in the analysis.

Building Permit Fees
Building permit fees are divided into two categories, Plan Check Fees and Permit and Inspection Fees.

The Plan Check Fees were adopted by the City Council in 2019 and consists of 65% of the Building Permit and Inspection Fee. For projects that offer multiple similar buildings, the City offers a Master Plan Check that reduces the cost to repeatedly plan check the same proposed structure. By utilizing the Master Plan Check, an applicant may submit a structure, such as model home, that will be built multiple times. When the applicant is ready to pull a building permit, they will not be required to have the structure plan checked, as it has already been approved by the Department. The project would simply pay the Permit and Inspection fees for the identified Master Plan and begin construction. This method of permitting is utilized May 20, 2024 Council Packet Page 47
heavily by home builders or modular builders who will be constructing identical structures within a jurisdiction.

The Permit and Inspection Fees were updated and adopted as part of the 2021 Fee Study that was adopted by the City Council in November 2021. The calculation of the Permit and Inspection Fees are based, generally, on a project’s estimated construction value. For purposes of consistency, the City uses the International Code Council’s Building Valuation Data that is updated twice a year. The calculation utilizes average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material based on occupancy and construction type, which is required information on the building plans. The current building permit fees are shown below:

BUILDING PERMIT AND INSPECTION FEES
Project Valuation Fee Calculation
$1 - $500 $34.00
$501 - $2,000 $34.00 for the first $500 plus $4.00 for each additional $100 or fraction thereof
$2,001 - $25,000 $94.00 for the first $2,000 plus $20.00 for each additional $1,000 or fraction thereof
$25,001 - $50,000 $554.00 for the first $25,000 plus $15.00 for each additional $1,000 or fraction thereof
$50,001 - $100,000 $929.00 for the first $50,000 plus $10.00 for each additional $1,000 or fraction thereof
$100,001 - $500,000 $1,429 for the first $100,000 plus $8.00 for each additional $1,000 or fraction thereof
$500,001 - $1,000,000 $4,629.00 for the first $500,000 plus $7.00 for each additional $1,000 or fraction thereof
$1,000,001 and higher $8,129.00 for the first $1,000,000 plus $5.30 for each additional $1,000 or fraction thereof.

For purposes of Staff’s analysis, $5,000,000 was used as the construction costs for the proposed project. Based on the adopted fees identified, the Plan Check Fee and Permit and Inspection Fee would be $3,812.77 and $29,329, respectively, totaling $33,141.77. In comparison throughout the region, the City ranks 5th for a $5,000,000 project, with the average being approximately $39,378, as shown below:

Agency Name Total Plan Check and Permit Fees
Reedley $9,254.44
Kerman $21,772.00
Sanger $26,600.00
Fresno $26,970.35
Selma $33,141.77
Kingsburg $33,482.00
Fowler $34,120.00
Visalia $55,200.00
Dinuba $68,640.00
Tulare $84,603.20
Average $39,378.38
May 20, 2024 Council Packet Page 48
Based on Staff’s review, the Building Permit fees are below the regional average and are appropriate to cover staff time for conducted proper plan reviews and inspection services.

Development Impact Fees
The City’s Development Impact Fee (DIF) Program was approved by the City Council originally in 2015. At that time, a DIF Report was prepared that projected the growth of the City and identified the potential infrastructure needs to accommodate the planned development identified in the General Plan. The cost of the infrastructure was then divided based on each land use category’s usage of the corresponding infrastructure. The various impact fee types include sewer, storm drain, streets, fire protection, police, public facilities, and parks development and land acquisition. The City’s current impact fees are provided as Attachment 1.

The allocation of cost through the methodology identified in the DIF program allows for a proposed project to contribute incrementally to the construction of future facilities instead of potentially placing the full burden of the construction of needed infrastructure on the project.

Additionally, in the event a component of infrastructure is required for the development to occur, collected impact fees are used to cover the oversizing cost of the construction being borne by the developer. For example, if a project needs a storm drain basin because there is not a facility available to collect the discharge, the project may dedicate and excavate a basin to be dedicated to the City for use by their project as well as other projects identified in the vicinity to discharge to a basin in the area. The cost to construct the basin would be covered by the applicant, but any excavation completed that accommodates drainage beyond the needs of the developer’s project would be reimbursable through the DIF program.

In addition to the City’s impact fees, development may be required to pay other fees required of other agencies. With the City of Selma, projects may be subject to Developer Fees from the Selma Unified School District (SUSD), Regional Traffic Mitigation Fees (RTMF) from the Fresno Council of Governments (Fresno COG), CalWater and Selma-Kingsburg-Fowler (SKF) Sanitation District connection or capacity fees, and San Joaquin Valley Air Pollution Control District (Air District) fees. The City does not have the ability to reduce or waive these fees, as they are adopted through each agency and have specific mitigation purposes, such as the SUSD fees, or fund other programs, such as Measure C regional street projects (RTMF).

As required by State law, the impact fees are adopted by resolution. As part of the adoption, the impact fees must include supporting documentation to identify how the fee is allocated by land use, the per unit cost (i.e., per dwelling unit, per square foot, per acres), and the infrastructure which is supported by the fee. In the case of the outside agency fees, the supporting documentation also identifies how the fee is developed and the specific use of that fee. In all cases, these fees are made available to the public for review to aid in project development and budgeting so applicants can plan financing resources accordingly, phase their project appropriately, or negotiate accommodations with the agency for a payment plan that meets their project financing goals.

The project includes 40 units of multi-family apartments, which are classified as “Attached Dwelling Units” within the City’s DIF program. Based on the current rate of fees adopted by the City Council, the estimated fees to be paid by the applicant prior to obtaining a certificate of occupancy would be as follows:

May 20, 2024 Council Packet Page 49

REGIONAL DEVELOPMENT IMPACT FEE COMPARISON
Agency Name DIF Total Per Unit
Kingsburg $366,613.60 $9,165.34
Visalia $413,492.34 $10,337.31
Fowler $521,280.06 $13,032.00
Fresno $528,199.68 $13,204.99
Tulare $598,273.60 $14,956.84
Kerman $626,948.10 $15,673.70
Selma $664,759.60 $16,618.99
Reedley $747,890.80 $18,697.27
Sanger $769,240.00 $19,231.00
Average $581,855.31 $14,546.38
In comparison with cities in the region, the City is approximately 14.2 percent higher than the average of the reviewed agencies. However, it should be noted that every city’s DIF program is considerably different given the infrastructure needs and adopted policies associated with growth. Some cities have higher needs for street improvements and have a higher circulation or streetlight impact fee than the City. Some cities also do not charge similar fees and may exclude some fees for their DIF program altogether, as shown below.

REGIONAL DEVELOPMENT IMPACT FEE TYPES COMPARISON
Fee Type Selma Fowler Fresno Kerman Kingsburg Reedley Sanger Tulare Visalia Law Enforcement X X X X X X X X
Fire Protection X X X X X X X X
Circulation/Traffic X X X X X X X X X
Storm Drain
Facilities

X X X X X X X X X
Sewer Frontage X X X X X X
Sanitary Sewer
Collection

X X X X X X X X
Sanitary Sewer
Treatment

X X X X X X X
General Facilities X X X X X X
Public Meeting
Facilities
X X X
Park Land
Improvements

X X X X X X X X X
Open Space X X X
Water Frontage X X X
Water X X X X X X X X X
Solid Waste X
Groundwater
Recharge
X X X
As an example of the individual needs of an agency, the City of Selma’s park development and acquisition fees levied by the City account for approximately 41 percent of the total DIF May 20, 2024 Council Packet Page 50
to be paid by a project in Selma. When these fees are reduced to a similar allocation (3 acres per 1,000 residents) or removed, the City would be ranked 5 th and 2nd, respectively, among
the other nine cities reviewed, shown below.

However, because the City adopted a policy to increase the park dedication requirement to 5 acres per thousand residents (up from 3 acres), the increased cost is reflected in the fee. It is important to remember that parks and open space development are among the highest requested amenities of residents, and they provide inherent value in the form of preserving property values, promoting outdoor activity for residents which has corresponding health impacts, and reduce urban heat island effect, amongst other things.

CITY OF SELMA – PARK DEVELOPMENT IMPACT FEE COMPARISON
Fee Type Total - Percent of Total Reduced Park Fee No Park Fee Law Enforcement $60,176.40 9.1% $60,176.40 $60,176.40
Fire Protection $73,537.60 11.1% $73,537.60 $73,537.60
City Streets/Circulation $50,576.00 7.6% $50,576.00 $50,576.00 Storm Drain $67,500.40 10.2% $67,500.40 $67,500.40
Sanitary Sewer $29,246.80 4.4% $29,246.80 $29,246.80
General City Facilities $23,407.20 3.5% $23,407.20 $23,407.20 Open Space Acquisition $7,967.20 1.2% $7,967.20 $7,967.20 Public Meeting Facilities $79,773.20 12.0% $79,773.20 $79,773.20 Park Land Improvements $272,574.80 41.0% $163,544.88 $0 TOTAL $664,759.60 100% $555,729.68 $392,184.80
The application of impact fees is a policy decision implemented by each governing body. In the case of Selma, the fees identified accommodate future growth by contributing towards needed infrastructure to implement the land use plan of the General Plan and provide the desired amenities at a level that has been determined to be acceptable for current and future residents. The fees aid in providing a fund to construct infrastructure projects either directly or to be used as matching monies to grants. Without the fees, infrastructure construction to accommodate growth would fall solely onto the developer without any mechanism for reimbursement or on the City General Fund or other allocated funds, taking away from the ability to provide other essential services to existing residents in favor of the developer and future residents. If the City did not have any reimbursement or credit mechanism for developers, the cost of projects would inherently be higher as projects would be contributing much more than just their fair share allocation.

The City is currently undergoing an update to the DIF program as well. Staff is firmly aware of the need to allocate infrastructure costs for future development but also keep those costs in line regionally so that development remains feasible and competitive with other agencies in the region. As part of the updated DIF program, Staff is looking at ways of incentivizing infill projects as well as allocating infrastructure based on location and future need while still collecting an appropriate funding sources to construct these growth-related amenities and utilities.

City staff has offered developers various options for paying their impact fees. As stated above, projects may be able to receive credit for various dedications or oversizing infrastructure May 20, 2024 Council Packet Page 51
improvements that are installed. Additionally, the applicant and City may enter into a Development Agreement that outlines parameters for payment over a period of time, identify the credit/reimbursement to be received, and other accommodations to ensure that both the City and developer achieve their individual goals related to the completion of the project.

RECOMMENDATION Informational Only. No action required.
/s/ ___________________________________ May 20, 2024
Jerome Keene, Deputy City Manager Date
__ /s/ ___________________________________ May 20, 2024 Fernando Santillan, City Manager Date
Attachments:

1. Letter from Mr. Nick Sahota, dated April 16, 2024
May 20, 2024 Council Packet Page 52
May 20, 2024 Council Packet Page 53
Department updates may 20, 2024
May 20, 2024 Council Packet Page 54
Community
Services
Pumpkin Palooza
Spring Eggstravanza
Earth Day Celebration July 3rd Independence
Day Celebration
Summer Series
Grinchmas
2023-2024 events
300+ Attendees
Gave away free pumpkins
had children's activities, a
pumpkin patch, music, & food
vendors
40 food & craft booths,
Christmas tree raffle,
cookie decorating and
pictures with the grinch.
400 + participants
pictures with the bunny,
coloring contest, candy
filled egg giveaway, and free
kettle corn
June 14 -Movie in the park
June 21 - Movie in the Park
June 28 - Block Party in
Downtown Selma
Partnered with Selma Home
Depot & Mid Valley Disposal
Had chalk art, flower
planting, and kids activities
live music, food vendors,
fireworks and kids activities
May 20, 2024 Council Packet Page 55
12 T-Ball Teams (118 players
registered)
NFL Flag Football
registration opening this
Summer
Pick-Up Sports in the Park
coming this Summer
New Programming coming
to the Salazar Center once it
re-opens
Recreation Youth Adult
Adult Co-Ed Softball
Registration opening soon
Adult Co-Ed Kickball
registration opening this
Summer
Adult Open Gym Basketball
coming this Fall
Another Pickleball Training
Camp taking place this
Summer
May 20, 2024 Council Packet Page 56
3,409 meals have been served
40 Zumba classes
8 dances
85 Bingo days
10 Game Days
10 Movie Days
10 Food Distributions
Upcoming Trips:

Jersey Boys, Sky River Casino, &
Sugar Pine Railroad, Teppanyaki
Luncheon/Shopping
We will be returning to our building
this Summer!
Senior Services
May 20, 2024 Council Packet Page 57
Selma Arts Center
Cool Kids Players SaC TEEN
“My Son Pinocchio” - (46 sign ups)
945 tickets sold - with sold out shows
Arts & Theater Boot Camp - June 2024
Set Design, Special Effects Makeup,
Prop Design, Beginning Acting & Dance
“Addams Family” (Youth Edition)
Sign ups start in May 2024
Ages 7-17
Performances Sept/Oct 2024
“Mean Girls” High School Edition
August 2023 (38 Teens involved)
1412 Tickets Sold - Sold Out Shows
San Francisco Trip to see
“The Lion King” ( 50 CKP & Teens)
May 20, 2024 Council Packet Page 58
SAC- “Next To Normal”
(A play themed around mental health)
SAC - “On Your Feet – The Story of Emilio & Gloria
Estefan” Live Band! Over 1000 tickets sold!
IDance Recital
D'z Dance Recital
SAC- Selma Originals -- Original works from central
valley writers
Selma High School Drama Club
SAC- “Ride the Cyclone” -- A Valley Premier!
Scary on the Surface Halloween Band Concert
The Nutty Nutcracker - The Dancing School Of Selma
D'z Dance Winter Program
SAC- Holiday Cabaret
SAC- Original Play Reading from SAC alumni
CVTC Graduations & Selma Small Business
SAC- Diaspora Dreams - The Brothers Size, School
Girls; or The African Mean Girls Play
Celebrating Black and African Stories.
sELMA aRTS cOUNCIL
May 20, 2024 Council Packet Page 59
sELMA aRTS cOUNCIL
“Matilda” - A successful run!
Summer Art Gallery Hours
“Jersey Boys” - June 7- 29
“Evil Dead the Musical” -
Aug16th - Sept 7th 2024
“American Mariachi” -
November 2024
SACAs - Awards Gala
Beer & Wine Fest
Halloween Band Concert
Winter Holiday Cabaret
Arts & Culture Fest
May 20, 2024 Council Packet Page 60
Thank you
May 20, 2024 Council Packet Page 61
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
______________________________________________________________________________ ITEM NO: 4.

SUBJECT: Consideration of Planning Application 2021-0012, a General Plan Amendment, Rezone, Site Plan Review, and Tentative Parcel Map to Allow for the Development of 144 Apartment Unit Complex with Associated Commercial Development and a 0.95 Acre Park APN 388-030-26 _____________________________________________________________________________ BACKGROUND:

Jay Singh (Applicant) submitted an application for a General Plan Amendment, Rezone, Site Plan Review, and Tentative Parcel Map to allow for the construction of a 144-unit multifamily apartment complex, commercial development, and a 0.95-acre park.

The Tentative Parcel Map proposes to create three separate parcels for each portion of the project, with Parcel 1 being 0.95 acres (park), Parcel 2 being 10.57 acres (apartments), and Parcel 3 being 3.79 acres (future commercial development).

The application proposes to amend the General Plan land use designation from Medium Low Density (MLD) to High Density (HD) (Parcels 1 and 2) and Regional Commercial (CR) (Parcel 3). A corresponding rezone to ensure consistency with General Plan designations proposes to change the existing zone district from R-1-7 to R-3 (Parcel 2), C-3 (Parcel 3), and Open Space (Parcel 1).

Lastly, the proposed Site Plan includes a 144-unit multi-family apartment complex on Parcel 2 with a future commercial development to be constructed on Parcel 3 at a later date.

The proposed project is located on the northeast side of the intersection of Highland Avenue (State Route 43) and Nebraska Avenue (APN 388-030-26).

DISCUSSION:

Property Characteristics:

The vacant property is generally located at the northeast corner of Highland Avenue (State Route 43) and Nebraska Avenue within the City limits. The property is bordered to the west by Highland Avenue, to the north by an existing single‐family residential subdivision along Fig Street, to the east by the Eric White Elementary School and Peter Ringo Park, and to the south by Nebraska Avenue and existing vacant lands with some single-family residential homes. The City’s dog park and storm drain basin are located further east along Nebraska Avenue.

There is an underground irrigation canal that borders the westerly property line with a standpipe located in the northwest corner that connects subterranean conveyance pipes.

May 20, 2024 Council Packet Page 62
An existing convenience store and restaurant are located adjacent to the west of the subject property. According to the owners of this property, these properties are still on septic and well services, as sewer and water infrastructure has yet to be extended to their property.

Project Description:

The proposed apartment complex is proposed to be constructed in two (2) phases and would provide market-rate units for rent. Each phase would include nine (9) buildings with eight (8) units per building., totaling 72 units. Each building would consist of approximately 4,000 square feet per story, with a total of two (2) stories per building. Each unit will have approximately 1,000 square feet of space.

The units would include a mix of two (2) bedrooms/one (1) bath, two (2) bedrooms/two (2) baths, and one (1) bedroom/one (1) bath units. Each building would include a mix of building materials, architectural pop‐outs, and colors to break up the building elevations and avoid monotonous, blank wall space. Parapets will screen any roof-mounted mechanical units, if any, from public view. A mix of open parking with covered carport parking would be included in the site layout.

A decorative block wall with associated landscaping, sidewalk, and curb/gutter improvements will separate the project from the neighboring existing single-family development to the north along Fig Street, Nebraska Avenue (south), Highland Avenue (west), and along the shared property line of Eric White Elementary School (east, decorative block wall only).

Access to the site would be provided near the eastern property line adjacent to Ringo Park.

The access would be gated and separated from the future commercial development’s driveways. An emergency-only access gate is provided along Fig Street to the north and would be available during all phases of the projects, as required by the Conditions of Approval.

The applicant proposes to dedicate a 0.95-acre park space to the City. This park space would be in addition to the private open space required to be provided within the apartment complex. Since this park space would be duplicative, as Ringo Park and the Dog Park/basin area are in close proximity to the site, and would result in additional maintenance costs, Staff recommends that this park be converted for another use and not accepted by the City. Staff has advised the applicant to contact the Selma Unified School District to determine if there is use for this land by the District. More specifically, Staff recommends that the area be converted to a parking lot to remove the on-street parking along Fig Street, as the project will widen the roadway, and the stalls are currently an obstruction to constructing Fig Street to its full width. If an agreement cannot be made with the District, the land should be incorporated into the development to provide more private open space for future residents of the project or provide further buffering from adjacent uses.

The southern portion of the site is proposed for future commercial development. No specific use is proposed at this time and would be subject to a subsequent site plan review application to be approved by the Community Development Department. Access to the commercial area would be directly from Nebraska Avenue and would consist of locally serving commercial uses.

May 20, 2024 Council Packet Page 63
The Tentative Parcel Map proposes to split the property into three legal parcels that correspond to the park, apartments, and commercial development. With Staff’s recommendation to remove the park, the 0.95-acre parcel may not be needed, depending on the outcome of negotiations with Selma Unified School District. However, Staff believes that giving the applicant flexibility with three parcels for either conveying the property to the District or phasing the property in a manner that allows for incremental financing would be appropriate. In Staff’s opinion, it may be advantageous for three parcels to be created, with Parcel 1 and 2 ultimately being no more than 11.52 acres combined and Parcel 3 remaining in its current size of approximately 3.79 acres in size.

City staff reviewed the project, as submitted, for compliance with local regulations, such as the Selma General Plan and Municipal Code, to develop conditions of approval to be completed at various stages of development. The conditions of approval ensure that the project will be compliant with the City’s development policies and compatible with adjacent, existing development. The staff has prepared and identified the conditions of approval that apply to each phase of the project while also identifying the timing of each condition of approval to aid the applicant with the development of the project.

Infrastructure Improvements:

Wastewater Service Improvements
The residential portion of the project would utilize approximately 106 Equivalent SingleFamily Residences (ESFR) units of wastewater capacity at full build-out. Based on the existing capacity of the existing 10-inch sewer main in Nebraska Avenue, both phases of the multi-family project can be served. However, the project will be required to complete or wait for the completion of various off-site sewer line improvements in order to adequately serve the project without causing impacts to existing development. The Selma-Kingsburg- Fowler Sanitation District (SKF) identified three improvements that are needed to serve the proposed development while also addressing capacity issues within the City’s sewer system.

Downstream improvements identified by SKF include an 18-inch sewer line replacement between Sheridan Street and McCall Avenue, as well as the completion of the Clarkson Lift Station capacity improvements.

For the commercial phase of the project, regardless of whether there is remaining capacity within the existing 10-inch line, a new parallel 10-inch sewer main will need to be installed in accordance with the Sewer Master Plan, as the project would be completing its frontage improvements at that time.

Due to the oversizing improvements required in the Sheridan Avenue line and the installation of the secondary 10-inch parallel line in Nebraska Avenue, the applicant will be entitled to fee credits or reimbursement, as these improvements exceed their fair share allocation and usage.

Furthermore, these sewer improvements will aid in facilitating the construction of other development projects in proximity to the site, such as the Casa de Villa and the proposed Highland Park project. Impact fees collected from those projects would be utilized to reimburse the applicant for these improvements in the event that fee credits do not cover all of the oversizing costs.

May 20, 2024 Council Packet Page 64
Water Service Improvements
Potable water for the project would be provided through CalWater. An extension of the existing 12-inch water main to the west from the intersection of Nebraska Avenue and Mitchell Avenue will be required to serve the project.

Traffic Improvements
Nebraska Avenue will be widened along the frontage of the property during each development phase, along with the undergrounding of overhead utilities. The widening of Nebraska Avenue would ensure compliance with the Selma General Plan as an arterial roadway with an ultimate width of 100 feet. An additional dedication along the northern property line to allow the full dedication and development of Fig Street as a local street (60-foot width) is also required as part of the construction of the project. Payment of Circulation Impact fees mitigates the project’s fair share impact on identified intersections within the Traffic Impact Study. However, it should be noted that the Traffic Impact Study concludes that all studied intersections that may be affected by the project would operate at a Level of Service (LOS) “D” or better, as mandated by the Selma General Plan.

Storm Water Improvements
Storm water runoff would be designed to surface drain to the east along Nebraska Avenue, eventually being discharged to the basin facility between Mitchell Avenue and Thompson Avenue.

Environmental Review
An Initial Study and Mitigated Negative Declaration (ISMND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA). The ISMND included various technical reports that analyzed the project’s impacts on biological and cultural resources, air quality, traffic and vehicle miles traveled (VMT), and soils (geotechnical). The ISMND, SCH #2023100481, was circulated for public review for the mandatory 30-day comment period through the California Office of Planning and Research (OPR) from October 17 to November 15, 2023.

A Mitigation Monitoring and Reporting Program (MMRP) was prepared with the ISMND and includes mitigation measures to be completed at various stages of the project.

Planning Commission Hearing:

On April 22, 2024, the Planning Commission conducted a public hearing and recommended approving the project with conditions and supporting Staff’s recommendation to remove the proposed 0.95-acre park site.

During the public hearing, residents’ primary concern involved traffic to be generated by the project. As stated previously in this report, the Traffic Impact Study identifies that the project would still allow affected intersections to operate at a LOS “D” or better, which is the May 20, 2024 Council Packet Page 65
acceptable standard of the City. Additionally, school traffic, which was discussed as being an issue, has been addressed through a project recently completed by the Selma Unified School District that provides on-site queuing and drop-off for parents along Mitchell Avenue. Lastly, the project would provide a widened Nebraska Avenue with an additional travel lane to Highland Avenue that would serve not only the project but also other motorists and promote better traffic circulation in the area.

RECOMMENDATION It is recommended that:

1. The City Council conduct a public hearing, and,

2. Adopt Resolution 2024- which includes findings of fact for approval of:
a. A General Plan Amendment from Medium Low Density (MLD) to High Density (HD) (Parcels 1 and 2) and Regional Commercial (CR) (Parcel 3); and b. A Rezone of the existing zone district from R-1-7 to R-3 (Parcel 1 and Parcel 2) and C-3 (Parcel 3); and,
c. Tentative Parcel Map to create three parcels with Parcel 1 being approximately

0.95 acres, Parcel 2 being approximately 10.57 acres and Parcel 3 being approximately 3.79 acres (future commercial development); and, d. Site Plan Review proposes a 144-unit multi-family apartment complex on Parcel 2 with a future commercial development to be constructed at a later date; and,
e. Findings for adoption of the Mitigated Negative Declaration (SCH #2023100481) and environmental mitigation measures in compliance with the California Environmental Quality Act; and,

3. Adopt an Ordinance approving a rezone from R-1-7 to R-3 (Parcel 1 and Parcel 2) and C-3 (Parcel 3).
_________/s/___________________________________ May 7, 2024 Kamara Biawogi, City Planner Date
/s/ ___________________________________ May 7, 2024
Jerome Keene, Deputy City Manager Date
__ /s/ ___________________________________ May 7, 2024
Fernando Santillan, City Manager Date
Exhibits:

A. Aerial Location
B. Site Plan and Tentative Parcel Map
C. Initial Study
D. Resolution and Ordinance
E. Conditions of Approval
May 20, 2024 Council Packet Page 66
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:

ITEM NO: 5.

SUBJECT: Consideration of a Planning Application PLAN 24-5: A General Plan Amendment, Rezone, and Site Plan Review to develop a 40-unit multifamily development and a future 3,000 sq. ft commercial development located south of Nebraska Avenue between Mitchell and Thompson Avenue (APN 390- 030-71)
BACKGROUND:

On August 1st, 2022, a Tentative Parcel Map was approved by City Council to subdivide an approximately three-acre parcel (APN: 390-030-71) into two parcels (Parcel 1 is 2.74 acres and Parcel 2 is 0.44 acres). The purpose in subdividing the parcel was to allow the property owner to sell separate portions of land to prospective developers, consistent with the Subdivision Map Act. The applicant also intended to propose a site plan that would include both residential and commercial uses on the site in the future. The project qualified under a Class 15/Section 15315 Minor Land Division exemption. Therefore, a Notice of Exemption in compliance with the California Environmental Quality Act (CEQA) was prepared.

The application was filed by Brenda Ramirez (CVEAS) on behalf of the property owners. to develop 40 multifamily residential units (Parcel 1) and a 3,000-square-foot commercial development (2nd phase – Parcel 2). The project will require a rezoning of the project site from a One-Family Zone (R-1-7) to a Multiple-Family Zone (R-3) and a Central Commercial Zone (C-2), as well as a General Plan Amendment from Medium Low-Density Residential to HighDensity Residential and Community Commercial.

The subject property is approximately 3.29 acres and is located within the City of Selma, south of Nebraska Avenue and Thompson Avenue. The subject property is approximately

3.29 acres.

DISCUSSION:

Property Characteristics
The mostly vacant property is generally located mid-block between Thompson and Mitchell Avenues on the south side of Nebraska Avenue, directly south of the Dog Park/storm basin facility. An existing single-family dwelling exists on the southeastern portion of the property but would be demolished with site constriction.

The property is bordered to the east by Economy Market, to the south by a single-family residential subdivision, and to the west by a single-family residential home and a multi-family May 20, 2024
May 20, 2024 Council Packet Page 67
apartment complex. As stated previously, the property is directly south of the City’s Dog Park and basin facility.

Project Description:

The project is proposed to be constructed in two phases. Phase 1 includes the construction of five (5) two-story multi-family residential buildings totaling approximately 28,155 square feet.

The proposed buildings would include at total of 40 units that would each be two-bedroom, two-bathroom units. Additionally, Phase 1 includes 83 parking spaces, including 35 uncovered parking spaces, 44 covered parking spaces, two Americans with Disabilities Act (ADA) compliant parking spaces and three (3) electric vehicle charging (EVC) parking spaces; four bicycle parking spaces; open space and common areas with picnic and play facilities; approximately 36,516 square feet of landscaped areas; and the construction of trash enclosures designed pursuant to City standards.

Phase 2 of the project includes the future construction of a 3,000-square-foot commercial development on the northeast corner of the project site with associated parking, landscaping, trash enclosures, and vehicle and pedestrian infrastructure. The commercial phases currently anticipate medical/dental offices, general offices, or a laundromat but may be subject to change based on market conditions or the preference of the applicant. This phase includes the emergency access ingress/egress for the multi-family development, which would be required as part of the first phase of the development.

Infrastructure & Utilities
Wastewater Service Improvements
Wastewater services for the proposed project would be provided by the Selma-KingsburgFowler County Sanitation District (SKF CSD). The proposed development is estimated at 30 ESFRs (Equivalent Single Family Residential units), with one credit being given to the existing home on-site for a revised ESFR total of 29. These estimates are based on the information analyzed as a part of the application; thus, the commercial phase of the project will be reviewed at the time when the project has been further defined with a specific use, as varying uses have different ESFR estimates. The applicant will be required to pay their fair share of development impact fees to mitigate the project's incremental impact towards sewer facilities, but also to reimburse another party who may construct the identified improvements.

However, the applicant may also choose to construct downstream sewer line upgrades and receive impact fee credits for oversizing the improvements. Regardless, the downstream infrastructure must be in place prior to the issuance of a building permit.

Water Service Improvements
Water supply for the proposed project will be provided by CalWater. The proposed project would connect to existing service infrastructure within Nebraska Avenue.

May 20, 2024 Council Packet Page 68
Storm Water Improvements
The project would be served by the City’s existing stormwater infrastructure. Both phases of the project would include the construction of new curbs, gutters, and sidewalks along the development’s frontage along Nebraska Avenue to collect and direct runoff toward the existing stormwater collection and drainage infrastructure along Nebraska Avenue.

Electrical and Gas Services
Electricity and natural gas services for the project would be supplied by Pacific Gas and Electric (PG&E) through connections to existing service lines. The project is currently required, as a condition of approval, to underground the overhead utilities through the PG&E Rule 20 process. As a result, along with the widening of Nebraska Avenue, the applicant is being requested to facilitate right-of-way acquisition to allow for the construction of frontage improvements in a comprehensive manner, for which the City would reimburse the acquisition of right-of-way to the applicant through circulation impact fee credits. The applicant is also required to transition frontage improvements with the property to the east to promote better vehicle movements.

Conditions of approval have been provided that ensure that future development will be consistent with the policies of the City of Selma General Plan and Municipal Code, public infrastructure standards, in addition to protecting public health, safety, and welfare of neighboring properties.

Planning Commission Hearing:

During the March 25, 2024, Planning Commission Public Hearing, the Planning Commission deliberated the substantial evidence provided in the whole record and made the recommendation to City Council to approve the item with the following amendment to Condition #95.

1. Condition #95: the developer shall underground all overhead utilities along the frontage of Nebraska Avenue if required by PG&E. To comply with Rule 20, additional right-of-way may have to be required from the property west of the project site; proof of PG&E Rule 20 approval shall be provided prior to the issuance of a certificate of occupancy.

Comments from the applicant expressed concern for some of the conditions of approval, such as underground overhead utilities and acquiring associated right of way; the need for the completion of off-site sewer improvements to serve the project; painting features of the structure, like downspouts, to match the color of the building; and, payment of impact fees.

The applicant is of the opinion that some impact fees should not be paid because facilities already exist, such as the storm drain basin.

May 20, 2024 Council Packet Page 69
Additionally, impact fees pay for the project’s fair share allocation towards the construction of new infrastructure to serve new growth or pay for reimbursement to developers who construct oversized facilities for new growth. The property is a vacant site and, therefore, has not contributed any funds towards the construction of growth-inducing infrastructure, making impact fees applicable. If the applicant were to retain storm drainage on the property, that fee could be removed. Additionally, if the project constructs the required oversizing sewer improvements needed to serve the project (i.e., Sheridan line improvements), a credit on the impact fees would be appropriate to cover the oversizing cost. However, since the Sheridan line improvement is being constructed by another project developer (Jay Singh), the sewer impact fees of Casa de Villa would be used to support any reimbursement to that developer that cannot otherwise be covered by impact fee credits.

Staff further explained that the conditions of approval were consistent with the rules and policies of the City General Plan and Municipal Code. Furthermore, Staff explained that all of the impact fees are available to the applicant to review prior to submitting their application for processing.

Environmental (CEQA)
An Initial Study and Mitigated Negative Declaration (ISMND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA) and includes mitigation measures to be completed at various stages of the project. The ISMND included various technical reports that analyzed the project’s impacts on biological and cultural resources, air quality, traffic, and vehicle miles traveled (VMT), and soils (geotechnical).

The ISMND, SCH #2024010536, was circulated for public review for the mandatory 30-day comment period through the California Office of Planning and Research (OPR) from January 18 to February 17, 2024.

FISCAL IMPACT: All fees due to the City for processing of entitlements were paid in full prior to the scheduling of the public hearing
RECOMMENDATION:

1. The City Council conduct a public hearing, and,

2. Adopt a Resolution which includes findings of fact for approval of:

1. A rezone from a One-Family Zone (R-1-7) to a Multiple-Family Zone (R-3) and a Central Commercial Zone (C-2); and

2. A General Plan Amendment from Medium Low-Density Residential to High-Density Residential and Community Commercial; and

3. A Site Plan Review proposing a 144-unit multi-family apartment complex on Parcel 2 with a future commercial development to be constructed at a later date; and,
May 20, 2024 Council Packet Page 70

4. Findings for adoption of the Mitigated Negative Declaration (SCH #2024010536) and environmental mitigation measures in compliance with the California Environmental Quality Act; and,

3. Adopt an Ordinance which approves a rezone from Zone R-1-7 to a R-3 (Parcel 1) and a C-2 (Parcel 2).
_____________/s/____________________ _5/16/2024_____________ Kamara Biawogi, City Planner Date
_____________/s/____________________ _5/16/2024_____________ Jerome Keene, Deputy City Manager Date
_____________/s/____________________ _5/16/2024_____________ Fernando Santillan, City Manager Date
Exhibits:

A. Aerial Location
B. Site, Floor, Elevation Plans
C. Initial Study
D. Resolution and Ordinance
E. Conditions of Approval
May 20, 2024 Council Packet Page 71
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: May 20, 2024
______________________________________________________________________________ ITEM NO: 6.

SUBJECT: Consideration of Planning Application 2022-0017; A Rezone and a Tentative Subdivision Map to Subdivide a 20.2-Acre Parcel Into 41 Single Family Lots APN:389-020-67
______________________________________________________________________________ PROJECT BACKGROUND AND DESCRIPTION:

Central Valley Engineering & Surveying Inc. (CVEAS), on behalf of the property owner, proposes to subdivide a 20.2-acre parcel into 41 single family lots. The project also proposes a rezone of 23 lots out of the 41 proposed lots from R-1-12 to R-1-7 (4 lots) and R-1-9 (19 lots).

The proposed rezone creates compliance with lot standards and VLD density requirements while allowing for an ample number of single-family lots to be developed on a 20.2-acre parcel by the developer. Both proposed zone districts are single-family residential zones that are compatible with the underlying Very Low-Density Residential General Plan land use.

The proposed project is located on the north side of Rose Avenue, west of Amber Avenue and east of Dockery Avenue (APN: 389-020-67).

DISCUSSION:

Property Characteristics:

The project is located in Selma, on the north side of Rose Avenue, between Amber Avenue and Dockery Avenue. The project site is surrounded by agricultural land on the north, east, and south ends of the project site. West of the project site is an existing subdivision. This project is effectively an extension of the existing subdivision. An outlot is proposed parallel to the eastern parcel line that will be used for a future trail connection to the future northern Amberwood linear park. There is an existing house located at the southeast corner of the Project site that will be removed as a part of the construction.

Access and Circulation.

Primary access to the proposed subdivision would come from the main driveway on Rose Avenue. Additional access points are provided along the western boundary of the Project site that connects to the adjacent subdivision. Vehicle circulation within the project site would be provided through a network of 60 foot and 56-foot-wide local roads. A 5-foot sidewalk will be provided consistent with the design of a typical local street as approved by the City Engineer. Connectivity will be provided to the existing sidewalk on Rose Avenue.

Maintenance of the proposed internal streets would be included within an assessment district, such as a Landscape and Lighting Maintenance District (LLMD) or Community Facilities District (CFD) for maintenance.

Utilities and Infrastructure
May 20, 2024 Council Packet Page 72
Water supply for the proposed project would be provided by the Selma District of California Water Service (CalWater). The project would require the extension of the existing 8-inch service main to the east end of the development, which will enable CalWater to install an 8-inch line along the interior roads within the subdivision.

The proposed project would include the construction of a new curb, gutter, and sidewalk with associated landscaping and block wall improvements along the residential development’s frontage to Rose Avenue. The landscaping and street lighting would be included within an assessment district to fund for maintenance by residents of the subdivision.

The site is required to provide interim storm drainage facilities in lieu to connecting a future master planned facility located on the eastern edge of the development on Rose Avenue. A Temporary Drainage Basin located within the unsubdivided remainder will capture the sites drainage until the permanent facility is acquired and constructed. If the applicant determines that to construct a permanent basin onsite the basin would also be included in an assessment district for maintenance.

The project would also be required to extend a 15-inch sewer line to the east, connecting to the Amberwood Sewer Line, which is currently in the early stages of construction scheduling.

The 15-inch sewer line is consistent with SKF Sewer Master Plan and would be sized appropriately to accommodate future development along Rose Avenue. This oversized facility would be eligible for sewer impact fee credits based on the cost difference between the installation of a typical 8-inch line and the 15-inch line.

Outlot A of the proposed subdivision is currently an existing PG&E easement. The outlot is proposed to be developed as a Linear Park/Trail that will connect to the future Northern Amberwood linear park. The proposed Linear Park/Trail shall comply with the linear park design requirements identified in the Amberwood Specific Plan. This dedication would offset a portion of the required impact fees charged for the City’s Park Land improvements. As a condition of the project, a paseo with a minimum width of 20 feet shall be provided north of Lot 10 to promote walkability by allowing pedestrian access to the linear park, extending the length of the proposed project and into the Amberwood Specific Plan. This paseo strip dedication fulfills the City’s General Plan Goals and Policies though supporting smart growth principles that advance walkable, bikeable, and accessible neighborhoods which coordinate land use and transportation with open space areas for recreation. The paseo strip shall be an offer of dedication to the City with Final Map.

Environmental Review
An Initial Study Negative Declaration (ISMND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA). The ISND included various analysis highlighting the lack of significant impact the project project is projected to have on the environment. The ISMND, SCH #2024031070, was circulated for public review for the mandatory 30-day comment period through the California Office of Planning and Research (OPR) from March 28 to April 27, 2024.

Planning Commission Hearing:

May 20, 2024 Council Packet Page 73
On April 29, 2024, the Planning Commission conducted a special public hearing and recommended approval of the project.

RECOMMENDATION: It is recommended that:

1. The City Council conduct a public hearing, and,

2. Adopt a Resolution which includes findings of fact for approval of:
a. A Tentative Subdivision Map to subdivide a 20.2-acre parcel into 41 single family lots.
b. A Rezone of 23 lots of the project site from a one-family zone (R-1-12) to onefamily zone R-1-9 (19 lots) and one-family zone R-1-7 (4 lots). c. Findings for adoption of the Negative Declaration (SCH #2024031070) in compliance with the California Environmental Quality Act; and,

3. Adopt an Ordinance which approves a rezone from a one-family zone (R-1-12) to onefamily zone R-1-9 (19 lots) and one-family zone R-1-7 (4 lots). ________/s/______________________ May 20, 2024
Kamara Biawogi, City Planner Date
/s/__________________________ May 20, 2024
Jerome Keene, Deputy City Manager Date
______/s/__________________________ May 20, 2024
Fernando Santillan, City Manager Date
Attachments:

1. Aerial Location

2. Tentative Subdivision Map
May 20, 2024 Council Packet Page 74

Selma City CouncilMay 20, 2024

Selma City Council
May 20, 2024