CITY FARMERSVILLE, Farmersville City Council Regular Meeting Tina Hernandez, Mayor Danny Valdovinos, Mayor Pro Tem Gregorio Gomez, Council Member Paul Boyer, Council Member Armando Hinojosa, Council Member Monday, September 9, 2024, 6:00 PM Meeting held in Civic Center Council Chambers -9 909 W. Visalia Road Farmersville, California Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows: Please dial 1-669-900-6833 Meeting ID: 83678713184 Password: 353782 1. Call to Order: 2. Roll Call: 3. Invocation: 4. Pledge of Allegiance: 5. Public Comment: Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. Itis the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member. Presentations: Consent Agenda: 6. 7. Introduction and Swearing in for Fire Lieutenant Stuart Nickels. Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA. A. Authorization to waive full reading of ordinances and resolutions and to identify by title only. Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only. Minutes of Regular City Council Meeting of Aug. 26, 2024 B. Recommend approval of minutes. Documents: Draft Action Minutes of August 26, 2024 Draft Action Minutes of September 3, 2024, Special Meeting C. Adopt Urgency Ordinance 526 prohibiting a convicted felon from holding elective office. Documents: Ordinance 526 8. General Business A. Procure Irrigation Contractor for Roy's Park Recommend that the City Council approve the RFP process for the irrigation and landscaping of Roy's Park. B. Operations and Maintenance Agreement Tulare County and The City of Recommend that the City Council approve the agreement for the Farmersville Hwy 198. Operations and Maintenance for Hwy 198. Documents: Agreement Vicinity Map C. Fees related to Sierra Woods. Recommend that the City Council approve the request for the Sierra Woods developer to pay half of the planning and permits fees now, and the remaining half when the City is ready to submit documents to LAFCo. Documents: Site Plan Fees 9. Council Reports A. City Council Updates and Committee Reports 10. Staff Communications: A. Staff Updates and Reports 11. Future Agenda Items: Description Amend Ordinance- Temporary Outdoor Use Permit & Code Water Restrictions Transit Services with Visalia Transit and' TCRTA Downtown Drinking Fountain Pre-Approved ADU Plans and ADU Flyer Self Help presents on Programs Community Garden Strategic Planning & year end financials Boys & Girls Club funding request Council Handbook Update Responsible Party Agenda Date City Manager Public Works Director City Manager Public Works Director City Manager City Manager City Manager Finance Director City Manager City Manger Oct.2024 TBD TBD TBD TBD 9/23 meeting 9/23 meeting Oct. 2024 12. Adjournment to Closed Session: A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 5 cases NOTICE TO PUBLIC The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting so that staff may make Materials related to an item on this agenda submitted tot the Council after distribution of the agenda packet are available for public inspection in the City's offices during normal business hours. arrangements to accommodate you. CITYOF FARMERSVILLE Minutes Farmersville City Council Regular Meeting Tina Hernandez, Mayor Danny Valdovinos, Mayor Pro Tem Gregorio Gomez, Council Member Paul Boyer, Council Member Armando Hinojosa, Council Member Monday, August 26, 2024, 6:00 PM Meeting held in Civic Center Council Chambers - 909 W. Visalia Road Farmersville, California Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows: Please dial 1-669-900-6833 Meeting ID: 844 7046 6179 Password: 439941 1. Call to Order: 6:00 pm 2. Roll Call: Title Mayor Hernandez Mayor Pro Tem Valdovinos Council Member Gomez Council Member Boyer Council Member Hinojosa Status present present present present present Arrived 6:00 pm 6:00 pm 6:00 pm 6:00 pm 6:00 pm 3. 4. 5. Invocation: Mayor Hernandez Pledge of Allegiance: Mayor Hernandez Public Comment: None given Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. Itis the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member. Presentations: Consent Agenda: 6. 7. Under a CONSENT AGENDA category, ar recommended course of action for each item is made. Any Council Member or Member oft the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of A. Authorization to waive full reading of ordinances and resolutions and to the CONSENT AGENDA. identify by title only. Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only. B. Minutes of Regular City Council Meeting of Aug. 12, 2024 Recommend approval of minutes. Documents: Draft Action Minutes of Aug. 8, 2024, Special Meeting Draft Action Minutes of Aug. 12, 2024 C. Finance Update for July 2024: Warrant Register and Investment Summary Recommend that the City Council 1. Approve the Warrant Register as presented for the period. Period represents warrants issued for the current Fiscal Years 2. Accept the Investment Summary as presented for the period. This reporting represents an investment summary for the 2023-24 and 2024-25. previous month. Documents: Warrant Register Treasurer Report D.. Declaration of property as surplus and disposition of the surplus property (vehicles) Recommend that the City Council to declare five Public Works Department vehicles as surplus and authorize staff to move forward With disposition of surplus property as listed. E. Auto Aid Agreement with Tulare County Fire Department Recommend that the City Council approve the Automatic Aid Agreement Between the City of Farmersville and the Tulare County Fire Department. Documents: Auto Aid Agreement. Motion to approve as presented. RESULT MOVER AYES ABSENT ABSTAIN 0 APPROVED (UNANIMOUS) Councilmember Gomez SECONDER Mayor Pro Tem' Valdovinos Hernandez, Valdovinos, Gomez, Boyer, Hinojosa 0 8. A. General Business Local Hazard Mitigation Plan Recommend that the City Council adopt resolution 2024-050 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan for the City ofFarmersville. Documents: Resolution 2024-050 Hazard Mitigation Annex Plan Assembly Bill 2140 Fact Sheet Interim City Manager Mike Schulte presented the Local Hazard Mitigation Plan to the Council, highlighting that the plan is a proactive measure designed to enhance the safety and resilience oft the City of Farmersville. The plan aims to identify potential risks Councimember Gomez inquired whether there was any outreach efforts planned to and implement strategies to mitigate these hazards. inform and engage residents in the event of a disaster. Motion to approve as presented. RESULT MOVER AYES ABSENT ABSTAIN 0 APPROVED (UNANIMOUS) Mayor Pro Tem' Valdovinos SECONDER Councilmember Gomez Hernandez, Valdovinos, Gomez, Boyer, Hinojosa 0 B. Downtown Farmersville Specific Plan Recommend that the City Council receive the information contained regarding the Downtown Specific Plan and provide comments and direction to staff. This item was tabled until the next council meeting September 9, 2024. Motion to approve tabled until the next council meeting. RESULT MOVER AYES ABSENT ABSTAIN APPROVED (UNANIMOUS) Mayor Pro Tem Valdovinos SECONDER Councilmember Gomez Hernandez, Valdovinos, Gomez, Boyer, Hinojosa 0 0 Councilmember Boyer expressed a desire to discuss the Downtown Specific Plan furtherbefore it is brought back to the Council on the September 9th meeting. He emphasized the need to explore more options beyond the proposed conversion of Councilmember Gomez expressed that he would also like more options to the Farmersville Blvd. to a single lane. Downtown Specific Plan. Public Comment Alice Lopez, a resident of Farmersville, voiced her concems about the proposal to convert Farmersville Blvd. to a single lane, stating her disagreement with the idea. She also expressed her desire to see the Downtown area enhanced with lighting and possibly music to create a more inviting atmosphere forresidents walking in the area. Ricardo Maldonado, aresident of Farmersville would like Farmersville Blvd. kept to two Jorge Vasquez, a resident of Farmersville, requested that a traffic study be conducted. He also raised concems about how the proposed changes might impact first responders, questioning whether it would increase their response times to emergencies. lanes and would like a survey sent out to residents. C. Emergency Ordinance 526 Recommend that the City Council adopt Urgency Ordinance 501 Prohibiting a convicted felon from holding elective office. Documents: Ordinance 526. Interim City Manager Mike Schulte reviewed with the Council the proposed Urgency Ordinance prohibiting felons from holding elective office. Change Ordinance to read: *Whereas, the City Council of the City of Farmersville wishes to codify that no person who has been convicted of a felony in this State or on felony probation, or through - no *Any person shall be disqualified from being an elective officer of the City of Farmersville if that person has been convicted of a felony probation, or through no contest or guilty pleas in the past ten (10). years. Prior to running for elective office, a candidate is required to execute, under penalty, oron felony probation, or through no Due to a confict-ol-interest Councilmember Gomez and Mayor Pro Tem Valdovinos Mayor Hemandez opened public comment at 6:31 pm and closed public comment at Alice Lopez, a resident of Farmersville, asked if probation would count as part of the 10 contest or guilty pleas in the past ten (10) years. contest or guilty pleas in the past ten (10) years. were recused from this item. 6:32pm. years before someone with a felony can apply for City Council. Motion to approve with changes to paragraph in ordinance. RESULT MOVER AYES ABSENT REÇUSED D APPROVED (UNANIMOUS) Councilmember Boyer Hernandez, Boyer, Hinojosa SECONDER Councilmember Hinojosa Mayor Pro Tem Valdovinos, Councilmember Gomez Approve Contract with Community Services Employee Training (CSET) for Senior Services. Recommend that the City Council approve the contract with CSET for Senior Services. Documents: Contract. Interim City Manager Mike Schulte tabled this item to allow fori further research on the contract. 9. Council Reports A. City Council Updates and Committee Reports Councimember Hinojosa. requested that addresses be displayed at the City Parks. He also asked about having "stop sign ahead" painted on the road and/or installing a rumble. strip at the intersection of Farmersville Blvd. and. Ash. Additionally, Mr. Hinojosa Councilmember Boyer asked whether the speed limit signs on Farmersville Blvd are correct in both directions leading to the roundabout. He also noted that the pruned trees look nice but mentioned that a few. still need additional pruning. Additionally, Mr. Boyer pointed out that the gutter at the Boys and Girls Club is falling off. Mr. Boyer also Councimember Gomez asked ift the speed limit sign near Glenn's Mini Storage could be moved. He also thanked the Fire Department. for allowing him to participate in a ride- Mayor Pro Tem Valdovinos inquired about the trees being trimmed on Farmersville Mayor Hemandez thanked everyone. for their hard work. She also inquired about plans fora September 11th memorial. Additionally, MayorHemandez requested that the Acting City Manager Michael Schulte informed the Council that he had. a meeting regarding the Fall Festival and will have a follow-up meeting on September 9th. He reminded the Council that Taco Tuesday is on August 27th. He also mentioned that he had a meeting with Smee Homes and Self Help, and that plans fora a new medical clinic inquired about the date of the next Strategic Planning Meeting. requested that KDWCD do a presentation. along. Blvd. police department monitor speeding vehicles on Costner. have been submitted to the Planning Department. 10. Staff Communications: A. Staff Updates and Reports Director of Finance and Administration Steve Huntley informed the Council that he is currently catching up on work in the Finance Department and will be putting togethera Budget Book. He also asked if any Counci/members would like a copy of the Budget City Engineer Elsa Mejia informed the Council that she is currently working on the 2024 Public Works Director Steven Thompson informed the Council that he is currently working on improvements at Roy's Park. He also mentioned that he is acquiring paint to ensure all the park bathrooms are the same color and to refresh the paint on the splash Battalion Chief Thomas informed the Council that the water tender is currently at the Coffee Pot Fire for 2 weeks with the possibility of an extension. Additionally, Code Book. Road Improvement Project. pad. Enforcement will start Fire Inspections next month. 11. Future Agenda Items: Agenda Description Responsible Party Date City Attorney Acting City Manager Public Works Director City Attorney Acting City Manager Public Works Director City Engineer City Attorney Acting City Manager Acting City Manager Amend Ordinance- Temporary Outdoor Use Permit Site Visits to Woodlake, Exeter, and Lindsay Update City Ordinance related to Code Enforcement Transit Services with Visalia Transit and TCRTA Downtown Drinking Fountain Red curb @ N. Matthew and W. Walnut Pre-Approved ADU Plans and ADU Flyer Self Help presents on Single-Family Low-Income Housing Water Restrictions Community Garden MayorHemandez adjourned to closed session at 7:12pm. 12. Adjournment to Closed Session: A. CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 5 cases City Attorey update status of outstanding litigation on WWTP, Perez, Palomino, Ortiz. No action taken. B. FPPC Violation- statuslupdate. Discussed status of matter with City Attomey. No action taken. C.Out of Position Pay Steve Huntley and Jay Brock City Manager/City. Attomey explained requirements of "out of position" pay for Police Chief. Jay Brock, Finance Director Steve Huntley, and Police Commander Troy Evrett. Council considered various templates and options. Council voted to approve out of position pay to all three in the amounts recommended by City Manager, but also instruct City Attomey to review the policy sO that it can be workable in the future. Motion by Councilmember Boyer. Second by Mayor Hernandez. Unanimous roll-call vote. Mayor Hernandez adjourned to open session at 8:07pm MayorHernandez adjoured to meeting at 8:08pm. NOTICE TO PUBLIC The City of Farmersville Civic Center and City Council Chambers comply with the provisions oft the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting sO that staff may make Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City's offices during normal business hours. arrangements to accommodate you. CITVOF FARMERSVILLE Minutes Farmersville City Council Special Meeting (CLOSED SESSION ONLY) Tuesday, September 3, 2024 12:00 PM Meeting held in Conference Room -909 W. Visalia Road Farmersville, California Tina Hernandez, Mayor Danny' Valdovinos, Mayor Pro Tem Gregorio Gomez, Council Member Paul Boyer, Council Member Armando Hinojosa, Council Member Because this is a closed session, the City Council meeting will not be streamed. 1. Call to Order: 12:00 pm 2. Roll Call: Title Mayor Hernandez Mayor Pro Tem Valdovinos Council Member Gomez Council Member Boyer Council Member Hinojosa Status Present Present Present Present Present Arrived 12:00pm 12:00 pm 12:00 pm 12:00 pm 12:00 pm 3. 4. Invocation: (Reserved) PledgeofAllegiance: (Reserved) 5. Public Comment: (Reserved) Provides an opportunity for members oft the public to address the City Council on items ofi interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. Itis the policy oft the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public willl be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as al body and not to any individual Council Member. 6. 7. Presentations: (Reserved) Consent-Agenda: (Reserved) Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member oft the Public may remove any item from the CONSENT AGENDA in order to discuss andlor change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA. A. Authasationiowakerulamcesamdresolwtiomsand oldenthybyttleonky, Cya-wwwMaivd ordmansesanéresokionstewahasansio.dentiybyHle-ony. 8. General Business: (None) 9. Adjournment to Closed Session: The Council met with our consultant, Abby Akers from CPS HR, to review the final three applications for the City Manager position. During the meeting, Abby also discussed the candidacy of Acting City Manager Michael Schulte for the permanent role. After thorough review and discussion, with a 5-0 vote, the Council decided to appoint Acting City Manager Michael Schulte as the new City Manager. Motion to approve Michael Schulte to City Manager RESULT MOVER AYES ABSENT ABSTAIN APPROVED (UNANIMOUS) Councilmember Hinojosa SECONDER Mayor Pro Tem Valdovinos Hernandez, Valdovinos, Gomez, Boyer, Hinojosa 0 0 A. PUBLIC EMPLOYMENT Title: City Manager Pursuant to Government Code Section 54957(b) 10. Reconvene to Open Session: Mayor Hernandez adjourned the meeting at 1:10pm NOTICE TO PUBLIC The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting sO that staff may make arrangements to accommodate you. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Cit-y's offices during normal business hours. CITYaF FARMERSVILLE City Council Staff Report 7C TO: FROM: DATE: Honorable Mayor and City Council Michael Schulte, Acting City Manager September 9, 2024 SUBJECT: Adopt. Urgency Ordinance 526 The City of Farmersville Municipal Code relating to prohibiting a convicted felon from holding elective office. RECOMMENDED ACTION: Recommend that the City Council motion to adopt Urgency Ordinance 526 prohibiting a convicted felon from holding elective office. BACKGROUND and DISCUSSION: Ordinance 526 was introduced at the August 26, 2024, City Council meeting and public comment was given. The Recommended action is an update of the Farmersville Municipal Code Under "California Government Code Section 1021", individuals convicted of certain felonies may be prohibited from holding public office. This prohibition is based on the nature of the offense, its severity, and the potential impact on public trust. The aw is designed to protect the integrity, of public offices and ensure that those who hold such positions are of sound moral character and Public officials are expected to adhere to the highest standards of conduct, as they are entrusted with the résponsibility to serve and represent the interests of the community. Allowing an individual with a felony conviction, to hold elective office could undermine public confidence relating to prohibiting a convicted felon from holding elective office. free from conflicts of interest. ini the integrity and accountability of the government. FISCAL IMPACT: None ATTACHMENT (S): Ordinance 526. ORDINANCE NO. 526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE ADOPTING SECTION [2.12.040]OF THE CITY OF FARMERSVILLE MUNICIPAL CODE RELATING TO PROHIBITING A CONVICTED FELON FROM HOLDING ELECTIVE OFFICE WHEREAS, the City Council of the City of Farmersville may set forth rules and regulations addressing the qualifications of who may hold elective office within the City; WHEREAS, the City Council believes that its elective officials and those running for elective office who are convicted of a felony in the past or while serving as an elective official tarnish the City's reputation and may be a potential threat or risk to the City. WHEREAS, the City Council desires that the City of Farmersville elective officials be members of the community who have not been convicted of felonies; and WHEREAS, under California Elections Code, Section 20(a), "A person shall not be considered a candidate for, and is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public WHEREAS, under California Government Code Section 1021, "A person is disqualified from holding any office upon conviction of designated crimes as specified in the and money, perjury, or conspiracy to commit any of those crimes;" and Constitution and laws of the State;" and WHEREAS, it is judicially determined that a City may enact and enforce ordinances that WHEREAS, the City Council of the City of Farmersville wishes to codify that no person who has been convicted of a felony in this State, or on felony probation, or through no contest or guilty pleas in the past ten (10) years. nor any other State of the United States, shall be allowed to run for, nor be elected to, nor be appointed to, nor be allowed NOW, THEREFORE, the City Council of the City of Farmersville does ordain as follows: SECTION I. Section 2.12.040 of the Municipal Code is hereby adopted to read in its Section 2.12.040. Qualifications of Office. [Prohibition of Convicted Felons From provide for qualifications of office within that City; and to sit for, any City Council position of the City of Farmersville; entirety: Holding Elective Office]. Any person shall be disqualified from being an elective officer of the City of Farmersville ift that person has been convicted of a felony or on felony probation, or through no contest or guilty pleas in the past ten (10) years. Prior to running for elective office, a candidate is required to execute, under penalty of perjury, a statement indicating the candidate has not been convicted of a felony or on felony probation, or through no contest or guilty pleas in the past ten (10) years. In the event that the candidate is allowed to run for office by the County of Tulare, that allowance shall not be deemed to be an approval that the candidate meets the qualifications for City Council under this ordinance that no person who has been convicted of a felony in this State, nor any other State of the United States, shall be allowed to run for, nor be elected to, nor be appointed to, nor be allowed to sit for, nor be qualified for, any City Council position of Section 2. Section 2.12.050. Prior to running for elective office in the City of Farmersville, a candidate is required to execute, under penalty of perjury, a statement SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconsttutional. SECTION 4. The City Clerk is herby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general Ihereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Farmersville held on 26th day of August 2024, passed and the City of Farmersville. indicating the candidate has not been convicted of a felony. circulation, published in the County of Tulare. adopted at a regular meeting of the City Council held on day of August 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED: ATTEST: Mayor, Tina Hernandez City Clerk, Rochelle Giovani CITYOF FARMERSVILLE City Council Staff Report 8A TO: FROM: DATE: Honorable Mayor and City Council Steven Thompson, Director of Public Works September 9, 2024 SUBJECT: Roy Park Irrigation and Landscaping Plan RECOMMENDED ACTION: landscaping of Roy's Park. Itis recommended that the City Council approve the RFP process for the irrigation and BACKGROUND and DISCUSSION: The City of Farmersville has the need to take the irrigation and landscaping of Roy Park out to public bid process. Only estimate at this time is $493,910.80 for complete landscaping and irrigation to be installed. This bid was as of. July 8h, 2024. Since, Public' Works have found two closer water sources that were previously unknown for the existing bid, as well as decreasing the number of shrubs and trees to bei installed during initial irrigation plan. These modifications should dramatically decrease costs. and increase timelines of opening park back up toi the The Farmersville Public' Works will then modify any existing irrigation to accommodate trees and shrubs determined for landscaping internally. The work would be phased to keep costs lower and limit the time the park is under construction and unavailable tot the public. Phased work would consist of closing only sections of the park fori install and not a complete shutdown as iti is The RFP process will involve creating a detailed scope of work consistent with the above information, and then submitting for bids. It is likely that there will be multiple RFPS for separate line items in order to manage the project and control costs. The bid approvals will come to public. currently. Council for approval. CITYOE y FARMERSVILLE City Council Staff Report 8B TO: FROM: DATE: Honorable Mayor and City Council Michael Shulte, City Manager September 9, 2024 SUBJECT: Operations and Maintenance Agreement Tulare County and The City of Farmersville Hwy 198 (Drive 164) RECOMMENDED ACTION: Maintenance for Hwy 198. Itis recommended that the City Council approve the agreement fori the Operations and BACKGROUND and DISCUSSION: The City of Farmersville has identified a need to assume responsibility for maintaining a specific portion of Hwy 198 improvements, (including Drive 164), a responsibility currently held by the The County will continue to maintain a portion of Drive 164, specifically from the edge of the northbound travel lane pavement to the eastern edge of the County right-of-way. This section begins at the northern edge of the Drive 164 bridge deck overpass of State Route 198 and The City will undertake and maintain any future landscape improvements along this portion of Drive 164. Thé City will assume full responsibility for the control, operation, and maintenance of all landscaping in this area with respect to said portion of Drive 164. (see attached contract and County. It is a requirement that the City take over this responsibility. extends approximately 375 feet to the intersection with Avenue 296. map). Financial Impact In discission with Public' Works, this additional property will fit under the Cities standard maintenance programs with nominal costs. OPERATIONS AND MAINTENANCE AGREEMENT TULARE COUNTY AND THE CITY OF FARMERSVILLE DRIVE 164 FARMERSVILLE ROAD) THIS OPERATIONS AND MAINTENANCE AGREEMENT ("Agreement") is made and TULARE ("COUNTY"), and the CITY OF FARMERSVILLE, ("CITY"). COUNTY and CITY are each a "Party" and together are the "Parties". to this Agreement, which is made with referênce to the entered into this_ following: day of 2024, by and between the COUNTY OF WHEREAS, there exists a street, Drive 164 (Farmersville Road), that transverses the boundary line of the Parties hereto, it being the legal duty ofe each of said Partiés to maintain such portions of said streets and intersections as may lie within its respective jurisdiction; and WHEREAS, CITY desires to assume, inj place OfCOUNTY, responsibility to maintain a portion of Drive 164 from northbound travel lane edge of pavement to the eastern edge ofthe County Right of Way, starting at the northern edge of] Drive 164 bridge deck over pass. of State Route 1981 to the intersection with Avenue 296 approximately 375 feet, more particularly identified in the attached Exhibit "A," inçluding, but not limited to, responsibility for maintaining and improving the portion of right of way along Drive 164 from time-to-time in CITY'ss sole discretion, including landscaping; and WHEREAS, ifthe CITY desires to undertake and maintain any future landscape improvements to said Drive 164, then the COUNTY is willing to allow the CITY to undertake such improvements subject to notice to the COUNTY by CITY; and WHEREAS, Government Code section 54981 authorizes COUNTY and CITY to contract for the improvement, maintenance, repair and operation by CITY ofs streets and highways or portions thereofwithin COUNTY'S jurisdiction. NOW, THEREFORE, it is mutually agreed as follows: 1. The CITY shall accept control, operation, and maintenance overall, or one hundred percent (100%), oft the landscape with respect to said portion of Drive 164. Those. facilities include, but are not limited to the maintenance oflandscaping, hardscape, and irrigation on Drive 164. 2. The CITY shall maintain complete and accurate records with respect to all works of improvement authorized by this Agreement. 3. From and after the effective date oft this Agreement, CITY shall have all responsibility and liability for all activities and omissions related to the design, construction, upkeep, operation and maintenance ofs said portion of] Drive 164, and CITY shall hold harmless, defend and indemnify COUNTY,its: agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind including, but not limited to court cost and attorney fees, death ori injury toa any person and/or damage to any property (including COUNTY property), arising out of or related tos said design, construction, upkeep, operation, maintenance or integration by CITY, its agents, Page 1 of4 officers, independent contractors, developers and employees. This indemnification obligation shall continue beyond the term ofthis. Agreement or any extension ofthis Agreement. CITY shall maintain adequate insurance coverage, either through policies issued by insurance companies or through self- insurance reserves, toj provide said indemnity to the COUNTY. 4. (a) Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally. delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows: COUNTY: County ofTulare CITY: City ofl Farmersville c/o City Manager 909 W. Visalia Road Farmersville, CA 93223 Phone No. (559)747-0458 clo RMAI Director 5961 S. Mooney Blvd. Visalia, CA 93277 Phone No. (559)624-7000. (b)N Notice personally delivered is effective when delivered. Notice sent by first class mail will be deemed reçeived on the fifth calendar day after the date ofi mailing. Either Party may change the above address by giving written notice under this section. 5. This. Agreement becomes effective when executed by both Parties and shall continue in effect until such time as either Party shall give the other Party written notice ofintention to terminate this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 2 of4 The Parties, having read and considered the above provisions, indicate their agreement by their authorized signatures below. COUNTY OF TULARE CITY OF FARMERSVILLE By:. By:. Larry Micari, Chair, Board ofSupervisors ATTEST: JASONT.BRITT ofSupervisors of the County ofTulare XXXXXXX, City Manager ATTEST: Rochelle Giovani County Administrator Officer/Clerk of the Board City Clerk oft the City of Farmersville By: By:. Deputy Clerk Approved as to Form: Approved as to Form: City Attorney By: Deputy County Counsel Date: Matter No. 20241351 Attorney for City of] Farmersville By:. Risk Manager Attachment: Exhibit A Page 3d of4 EXHIBIT A (Depiction of Affected Portion ofDrive 164) Legend Area Subject to Agreement Project Area County Right of Way City of Farmersville State Route ROAD296 5R19BONIRAMP 198 SRICONRII 29 AVENUE TULARECOUNTN CITY OFFARMERSVILLE Portervil Operation and Maintenance Agreement 125 250 500 Feet City of Farmersville Vicinity Map CITYOF HIN FARMERSVILLE) City Council Staff Report 8C TO: FROM: DATE: Honorable Mayor and City Council Michael Schulte, City Manager September 9, 2024 SUBJECT: Fees related to Sierra Woods RECOMMENDED, ACTION Itis recommended that the City Council approve Sierra Woods developers request to pay half of the planning and permit fees now, and the remaining half when the City is ready to submit documents to LAFCO. BACKGROUND and DISCUSSION: Sierra Woods is a significant residential development project currently under review by the City's Planning Department. (see attached site plan). The project has progressed through various stages, including preliminary design review, and public consultation. As part of the approval process, the developer is required to pay planning and permit fees to cover the costs This project is a proposed annexation and thus the Cities scope of work; and costs are driven by LAFCo. For this development, the estimated planning costs for the Sierra Woods project have been calculated to be approximately $47,000.00 (see estimate attached). The developer (Don Fulbright and Dennis Lemeke). has requested to pay approximately half now, in the amount of The developer has agreed that the scope of this request is no more than a fee deferral, and that there are a number of factors that might prevent this project from moving forward, including that of the City's administrative, regulatory, and inspection services. $20,000.00, and the remaindered, prior tot the City submitting to LAFCo. the City retains the right to outright reject this proposed project. Financial Impact City. Because the City fees will be paid before they are incurred there is no net negative impact to the SIERRA WOODS SOUTHWEST PHASE 58 6 STA LOCAL STREETS MAIN STREET AnEngneerirg Sierra Woods Southwest Phases 5&6 Planning & Permit Costs Description Annexation dybt Total Cost Half Now Half 8/23 $ 9,125.00 $ 4,562.50 $ 4,562.50 $ 2,765.00 $ 1,382.50 $ 1,382.50 $ 8,440.00 $ 4,220.00 $ 4,220.00 $ 1,780.00 $ 890.00 $ 890.00 $ 4,200.00 $ 2,100.00 $ 2,100.00 Gen Plan Amendment & Zone Change Tentative Tract map $6,060 + $35 x 68 Lots Conditional Use Permit City Fees (Up To) Recording Fee State Fish & Game Environmental. Review $ 58.00 $ 2,764.00 $ 58.00 2,764.00 $ 1 17,900.00 $ 8,950.00 $ 8,950.00 $4 47,032.00 $ 22,105.00 $ 24,927.00 Total Task Environmental Review 1 2 3 Initial Study Air Quality, Health Risk, GGE, ETA Traffic Impact Analysis 13,500.00 4,400.00 $ 15,675.00 Total Initial Study: $ 17,900.00