Agenda — Coalinga City Council, January 18, 2024

CITY COUNCIL/SUCCESSOR

AGENCY/PUBLIC FINANCE AUTHORITY

MEETINGAGENDA
January 18, 2024
6:00 PM
The Mission of the City of Coalinga is to provide for the preservation of the community character by delivering quality, responsive City services, in an efficient and cost-effective manner, and to develop, encourage, and promote a diversified economic base in order to ensure the future financial stability of the City for its citizens.

Notice is hereby given that the City Council will hold a Meeting, on January 18, 2024 in the City Council Chambers located at 155 West Durian, Coalinga, CA. Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to this meeting at 935-1533 x113. Anyone interested in translation services should contact the City Clerk at least 24 hours prior to the meeting at 935-1533 x113. The Meeting will begin at 6:00 p.m. and the agenda will be as follows:

1. CALL TO ORDER

1. Pledge of Allegiance

2. Changes to the Agenda

3. Council's Approval of Agenda

2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of 2023 Officer of the Year

2. Presentation of 2023 Firefighter of the Year

3. CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item within the jurisdiction of the Council. Members of the public, when recognized by the Mayor, should come forward to the lectern, identify themselves and use the microphone. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening and all items will be referred to staff for follow up and a report.

4. PUBLIC HEARINGS (NONE)

5. CONSENT CALENDAR

1. Approve MINUTES - December 7, 2023 (Special - 5:30pm)

2. Approve MINUTES - December 7, 2023

3. Approve MINUTES - December 28, 2023 (Special)

4. Approve MINUTES - January 4, 2024

5. Adopt Resolution No. 4195 Approving Lease-Purchase Contact for Purpose of Financing Police Pursuit Vehicles and Upfitting

6. Annual Review of City of Coalinga Council Rules of Procedure

7. Direct City Manager to Reclassify Part-Time Animal Control Officer Position to FullTime

8. Authorize Assistant City Manager to Execute a Task Order with the City Engineer for Preliminary Engineering, Environmental Support, Right-Of-Way Engineering, and Construction Engineering Services for the Coalinga Perimeter Trail Interconnect Gregory North Trial Project. Funded Through Cycle 6 of the Active Transportation Grant Program (ATP)

9. Approve Animal Shelter Services Agreement between Gimme Love and City of Coalinga

10. Approve Renewal Agreement with Fresno City College for Instructional Services

11. Approve Award to San Joaquin Pest Control for the Treatment of Termites at City Hall

12. Approve BSCC-ORT Evaluation Plan Agreement between Coalinga Police Department and California State University Fresno (CSUF) Foundation

13. Introduce and Waive the First Reading of Ordinance No. 864 Amending the Peddlers and Solicitors Licensing Requirements to Exempt Peddlers from the Licensing Requirements for those who do not Make Contact with the Occupants of the Residence

14. Code Enforcement Monthly Report for November 2023

15. Code Enforcement Monthly Report for December 2023

6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS

1. Discussion and Direction regarding a Potential Ordinance Language Change relating to Setback Requirements for Non-Permitted Accessory Structures Sean Brewer, Assistant City Manager

7. ANNOUNCEMENTS

1. City Manager's Announcements

2. Councilmembers' Announcements/Reports

3. Mayor's Announcements

8. FUTURE AGENDA ITEMS

9. CLOSED SESSION

1. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8. Property: Portion of Parking lot at 6th and Elm Ave (APN: 072-124-17T) City Negotiator: City Manager, Negotiating Parties: Unwired Broadband; Under Negotiation: Terms of Property Lease, Including Price.

10. CLOSED SESSION REPORT
Closed Session: A "Closed" or "Executive" Session of the City Council, Successor Agency, or Public Finance Authority may be held as required for items as follows: personnel matters; labor negotiations; security matters; providing instructions to real property negotiators; legal counsel regarding pending litigation; and protection of records exempt from public disclosure.

Closed session will be held in the Administration Building at 155 W. Durian Avenue and any announcements or discussion will be held at the same location following Closed Session.

11. ADJOURNMENT

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Presentation of 2023 Officer of the Year
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Sean Young, Police Commander
I. RECOMMENDATION:

Presentation of the police departments 2023 Officer of the Year.

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
NoAttachments Available

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Presentation of 2023 Firefighter of the Year
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Greg DuPuis, Fire Chief
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:
2023 Firefighter of the Year
IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
FFOTY-Dangaran.pdf 2023 FFOTY

COALINGA FIRE DEPARTMENT

GREG DUPUIS, FIRE CHIEF
300 W. Elm Ave • Coalinga, CA 93210 • Phone (559) 935-1652 • Fax (559) 935-1638 Date: January 3, 2024
To: Marissa Trejo, City Manager
From: Greg DuPuis, Fire Chief
Re: Firefighter of the Year
It is my honor to announce Firefighter/Paramedic Arnold Dangaran as the City of Coalinga Firefighter of the Year for 2023.

Arnold has been with the department since March of 2021 and exemplifies what a Coalinga Firefighter should be. Arnold’s dedication to the department is demonstrated in his daily activity. Not a moment goes by when Arnold is not doing something to make the department better. Whether it is perfecting his own skills or helping others, volunteering for projects, or finding ways to serve the community, Arnold is constantly busy in between calls working at making the department better.

Arnold has taken it upon himself to become a mentor and role model for new employees. Arnold is the one you see taking new hires under his wing and showing them around. He is very patient and calm and always has a positive attitude. Arnold shows up to work every day with a handshake, smile and a “Have a good day,” every single morning he is here. Arnold has a passion for the Fire Service and EMS. His paramedic skills are top notch and is one of the go to Medics for EMS questions and training. His firefighting skills are top notch as well and others look to him for advice on training evolutions, equipment, and apparatus usage.

Arnold has earned this award through a nomination by his peers. According to his peers Arnold is one of the hardest working firefighters in the department. He takes pride in his work and takes care of his coworkers. He works hard and is dedicated to his profession. He just comes to work and does his job.

His dedication and professionalism are noticed and makes them all want to be better. He supports others to help them achieve their personal goals and the goals and vision of the department.

Everything he does serves to better himself, the department, or the fire service as a whole.

Please join me in congratulating Arnold Dangaran as the 2023 City of Coalinga Firefighter of the Year.

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve MINUTES - December 7, 2023 (Special - 5:30pm) Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Shannon Jensen, City Clerk
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
MINUTES_SPECIAL-530pm_For_Approval_120723.pdf Minutes - December 7, 2023 (Special - 5:30pm) Special Minutes(5:30pm) – December 7, 2023

SPECIAL

MINUTES

CITY COUNCIL/SUCCESSOR

AGENCY/PUBLIC FINANCE AUTHORITY

MEETING AGENDA
December 7, 2023

1. CALL TO ORDER 5:30 PM
Council Members Present: Horn, Ramirez, Vosburg, Schindler Others Present: City Manager Marissa Trejo, Assistant City Attorney Christina G. Di Filippo, Assistant City Manager Sean Brewer, Chief of Police Jose Garza, Financial Services Director Mai Vang, City Treasurer Dawn Kahikina, Administrative Analyst Mercedes Garcia (via Zoom), Fire Chief Greg DuPuis, and City Clerk Shannon Jensen
Council Members Absent: Hedgecock
Others Absent: Public Works and Utilities Coordinator Larry Miller Changes to the Agenda: City Manager Marissa Trejo announced the following changes to the Agenda:

None
Motion by Vosburg, Second by Schindler to Approve the Agenda for the Special Meeting of December 7, 2023. Motion Approved by 4/0 Roll-Call Majority Vote. (Hedgecock – Absent)

2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS None

3. CITIZEN COMMENTS
The following individual(s) spoke under Citizen Comments:

None
The following individual(s) submitted written comment(s):

None
Special Minutes(5:30pm) – December 7, 2023

4. PUBLIC HEARINGS
None

5. CONSENT CALENDAR
None

6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS None

7. ANNOUNCEMENTS
City Manager’s Announcements:

City Manager Marissa Trejo announced the City’s Christmas Gift Giveaway program registration has closed and we have 258 kids signed up this year. Each child will receive a new pair of shoes, a package of socks, a jacket, a blanket and a toy. Monetary donations can be made at the front counter at City Hall. If anyone is interested in donating a new toy, blanket or jacket they can drop those items off at the front counter as well.

We are desperate for wrapping paper and gift bags.

Mrs. Trejo announced the Coalinga Clean-Up event is scheduled for Saturday, November 4, 2023 from 6am – 1pm at 1255 W. Elm Avenue.

Council Member’s Announcements:

Mayor Pro-Tem Ramirez asked that the community come out to support the Coalinga High School football team at their first Division Playoff game against Sierra Pacific, a Division 3 school.

Mayor’s Announcements:

Mayor Horn announced that he, along with Mayor Pro-Tem Ramirez, the City Manager and Assistant City Manger attended the International Council of Shopping Centers (“ICSC”) conference in San Diego last week and met with a few businesses that are interested in moving forward in Coalinga.

The next City Council meeting is scheduled for December 7, 2023.

8. FUTURE AGENDA ITEMS

9. CLOSED SESSION

1. REAL PROPERTY NEGOTIATIONS – Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. PROPERTY: 150 W. Elm Avenue, Coalinga, CA. CITY NEGOTIATORS: City Manager, Marissa Trejo and City Attorney, Mario Zamora. NEGOTIATING PARTIES: City of Coalinga. UNDER NEGOTIATION: Price and Terms of Payment Special Minutes(5:30pm) – December 7, 2023

10. CLOSED SESSION REPORT
None

11. ADJOURNMENT 5:33 PM
APPROVED:
___________________________________
James Horn, Mayor
ATTEST:
___________________________________
Shannon Jensen, City Clerk
___________________________________
Date
January 18, 2024

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve MINUTES - December 7, 2023
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Shannon Jensen, City Clerk
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
MINUTES_For_Approval_120723.pdf Minutes - December 7, 2023 Minutes – December 7, 2023

MINUTES

CITY COUNCIL/SUCCESSOR

AGENCY/PUBLIC FINANCE AUTHORITY

MEETING AGENDA
December 7, 2023

1. CALL TO ORDER 6:00 PM
Council Members Present: Horn, Ramirez, Vosburg, Schindler Others Present: City Manager Marissa Trejo, Assistant City Attorney Christina G. Di Filippo, Assistant City Manager Sean Brewer, Chief of Police Jose Garza, Financial Services Director Mai Vang, City Treasurer Dawn Kahikina, Administrative Analyst Mercedes Garcia (via Zoom), Fire Chief Greg DuPuis, and City Clerk Shannon Jensen
Council Members Absent: Hedgecock
Others Absent: Public Works and Utilities Coordinator Larry Miller Changes to the Agenda: City Manager Marissa Trejo announced the following changes to the Agenda:

The Special Meeting scheduled to run concurrently with the Regular Agenda has will be pulled and Discussion Item No. 6.2 will be pulled at the request of the Coalinga-Huron Recreation and Parks District.

Motion by Vosburg, Second by Schindler to Approve the Agenda for the meeting of December 7, 2023. Motion Approved by 4/0 Roll-Call Majority Vote. (Hedgecock – Absent)

2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Check Presentation from Coalinga Healthcare District to Coalinga Fire Department Linda Balling and Nancy Jeffcoach presented a check in the amount of $20,000 on behalf of the Coalinga Healthcare District to the Coalinga Fire Department. The scholarship check will fund the tuition and related expenses for EMT Alycia Sanchez and EMT Julia Sellers to attend the Fresno County Paramedic School in January of 2024

2. Swearing In of Fire Department Promotions and New Hires Fire Chief DuPuis announced the following Department promotions and new hires:

Battalion Chiefs: Keith Krider, Justin Milligan and Robert Long Minutes – December 7, 2023
Fire Captains: James Ramsey and Isaac Rodriguez
Fire Engineers: Diego Acosta and Todd Sigler
Firefighters: Anotionio Basulto and Darren Burke
Firefighter/EMT: Dayne Kosmosky
Non-Safety EMTs: Julia Sellers, Chantel Sanchez, Dylan Rodriguez, Aaron Trujillo and Janet Amador A full formal swearing-in ceremony will take place on Saturday, December 9, 2023, at 3:00pm at the Fire Department. 3:pm and will be open to the public.

Mayor Horn announced a brief break at 6:24pm to allow families to take pictures.

Mayor Horn reconveyed the meeting at 6:29pm.

3. CITIZEN COMMENTS
The following individual(s) spoke under Citizen Comments:

Hilda Crawford thanked Assistant City Manager Sean Brewer and Public Works Supervisor Eric DeLeon for their assistance in repairing the hole near the gazebo on the plaza.

Mrs. Crawford announced the upcoming events at the Library:
12/19/23 – Christmas Bingo (4:30-5:30pm)
12/20/23 – Pictures with Santa (2:00pm)
12/20/23 – Visit from Santa (4:30pm)
12/21/23 – Christmas Craft (5:15pm)
A schedule of events is posted on the Library’s website and flyers are available at the front desk.

The following individual(s) submitted written comment(s):

Mallory Griffith-Wells submitted written comments thanking the City of Coalinga, the Coalinga Police Department and the Coalinga Fire department for all the hard work they are putting in this holiday season and all year long.

Joan Vera submitted comments in support of the Gimme Love Animal Shelter.

4. PUBLIC HEARINGS
None

5. CONSENT CALENDAR

1. Check Register: 10/01/2023 – 10/31/2023

2. Approve MINUTES – November 2, 2023

3. Information Only: Quarterly Budget Report for Quarter Ending September 30, 2023

4. Information Only: Update on Research of Burned Properties Abatement Procedures Minutes – December 7, 2023
Councilman Vosburg Pulled Item No. 5.4 for discussion.

Councilman Vosburg spoke against the abatement process taking up to two years and requested that an item be brought back that includes Staff’s recommendations on how the abatement process can be accelerated.

5. Information Only: Property Tax Update for Tax Year 2023/2024

6. Adopt Resolution No. 4169 Accepting Real Property Via Grant Deed (APN: 072-154-02)

7. Adopt Resolution No. SA-345 Approving the Recognized Obligation Payment Schedule 24-25 for July 2024 through June 2025 and the Fiscal Year 2024-25 Administrative Budget

8. Adopt Resolution No. 4191 Honoring Fresno Council of Governments Executive Director, Tony Boren, and His Many of Years of Service to the Fresno Region and the City of Coaligna

9. Direct Staff to Proceed with a Traffic Signal Warrant Analysis for Jayne Avenue

10. Authorize the Purchase of a 580N P Case Backhoe for Public Works

11. Approve Comprehensive Fee Schedule for the Consumer Price Index (CPI) Update Effective January 1, 2024
Councilman Vosburg Pulled Item No. 5.11 and requested the Item be voted on separately.

Mary Jones submitted a Public Comment Card for comment on Consent Calendar Item No. 5.11, however declined to comment when requested to come forward.

12. Authorize City Manager to Enter into a Contract with Mead & Hunt for Task Order #1 Professional Consulting Support for Airport Development of FAA Airport Capital Improvement Plan Services at the New Coalinga Municipal Airport

13. Approve Purchase of a New Ambulance from Emergency Vehicles Group (EVG) Councilman Vosburg Pulled Item No. 5.13 for discussion.

Fire Chief Greg DuPuis gave a brief over of the Item.

14. Authorize Police Department to Purchase 5 APX Next Handheld Radios

15. Approve Amendment to Addendum #5 of the Municipal Advisory Services Agreement between the City of Coalinga and Wulff, Hansen & Co.

16. Authorize Police Department to Enter into a Contract with Permitium, LLC for It’s CCW and Livescan Services

17. Reject Claim for Damages Presented by Laura Gonzales Councilman Vosburg Pulled Item No. 5.17 for discussion.

Administrative Analyst Mercedes Garcia gave a brief overview of the item.

Minutes – December 7, 2023
Rhianna Gonzalez submitted a Public Comment Card for comment on Consent Calendar Item No. 5.17.

Mrs. Gonzalez spoke against the City’s rejection of Claim for Damages presented by Laura Gonzales.

Councilman Vosburg requested that Staff reach out to Laura Gonzales to go over the process and possible alternative actions.

18. Authorize Police Department to Purchase Two New Patrol Vehicles Councilman Vosburg Pulled Item No. 5.18 for discussion.

Chief of Police Jose Garza gave a brief overview of the item.

19. Approve Renewal of the Exclusive Authorization and Right to Sell Agreement between the City of Coalinga and Mid State Realty

20. Notice of Completion for WWTP Radio Field Grading Project

21. Notice of Completion for the Pleasant Avenue Water Main Replacement

22. Notice of Completion for Elm Avenue Beautification Phase III Project

23. Notice of Completion for Cherry Lane Improvements Project

24. Code Enforcement Monthly Report for September 2023

25. Code Enforcement Monthly Report for October 2023
Motion by Schindler, Second by Ramirez to Approve Consent Calendar Item Nos. 5.1 through 5.10 and 5.12 through 5.24. Motion Approved by a 4/0 Roll-Call Majority Vote. (Hedgecock – Absent) Mayor Horn called for a motion on Consent Calendar Item No. 5.11. Item Failed for lack of a motion.

6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS

1. Discussion, Direction and Potential Action regarding Animal Shelter Services Marissa Trejo, City Manager
City Manager Marissa Trejo gave a brief overview of the item.

Nancy Jeffcoach submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Nancy spoke in favor of Gimme Love Animal Shelter and no change in their current contract with the City.

Robin Scott submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Robin spoke in favor of Gimme Love Animal Shelter and no change in their current contract with the City.

Vona Darnell submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Vona spoke in favor of Gimme Love Animal Shelter. Vona spoke in favor of some of the recommended contract changes, but not all. Vona announced that she is currently working on starting a dog program at the Prison.

Minutes – December 7, 2023
Federico Ojeda submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Federico spoke in favor of Gimme Love Animal Shelter and the services they have been performing.

Sherry Gregoire submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Sherry spoke in favor of Gimme Love Animal Shelter and the services they have been performing.

Mary Jones submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Mary spoke in favor of Gimme Love Animal Shelter and hope a resolution between the two entities can be met.

Diane Rocha submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Diane spoke in favor of Gimme Love Animal Shelter and no change in their current contract with the City.

Lorraine Wells submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Lorraine spoke in favor of Gimme Love Animal Shelter and the services they have been performing.

Liana Seda submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Liana spoke in favor of Gimme Love Animal Shelter and no change in their current contract with the City.

Rebecca Reiss submitted a Public Comment Card for comment on Consent Calendar Item No. 6.1. Rebecca spoke in favor of Gimme Love Animal Shelter and no change in their current contract with the City.

Motion by Horn, Second by Schindler to Approve Option 2 to Extend the Current Contract with Gimme Love for 30 days, until February 6, 2024 and Direct the City Manager to Continue to Attempt to Negotiate a new Contract, Understanding that, if No Agreement can be Reached, Option 1, as Referenced in the Staff Report, Will Occur. Motion Approved by a 4/0 Roll-Call Majority Vote. (Hedgecock – Absent)

2. Discussion, Direction and Potential Action regarding Entering into a Maintenance Agreement for the Management of Medians in the Warthan Estates and Posa Chanet Subdivisions Sean Brewer, Assistant City Manager
Item No. 6.2 was Pulled from the Agenda at the request of Coalinga-Huron Recreation and Parks District during Changes to the Agenda.

7. ANNOUNCEMENTS
City Manager’s Announcements:

City Manager Marissa Trejo announced the City is accepting donations for the Annual Christmas Gift Giveaway program. We are still in need of toys (valued at $25), donations and Christmas gift wrap. Items can be dropped off at City Hall.

Council Member’s Announcements:

None
Mayor’s Announcements:

None
Minutes – December 7, 2023

8. FUTURE AGENDA ITEMS
Councilman Vosburg requested a Future Agenda Item for the City Manager to reach out to Fresno County and Supervisor Mendes for an update on the status of repairs to Los Gatos Park.

Councilman Vosburg requested a Future Agenda Item for the City Manager to reach out to Coalinga Regional Medical Center, Fresno County and Supervisor Mendes regarding available mental health and homeless services that can be offered to residents.

Councilman Vosburg requested a Future Agenda Item for the City Manager to work with Pleasant Valley State Prison and negotiate a contract for their Second Chance Dog Program.

Councilman Vosburg requested a Future Agenda Item on revising the Ordinance related to setback requirements for non-permitted accessor structures.

Mayor Horn requested a Future Agenda Item on the status of repairs to the airport fuel pumps.

9. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Section 54956.9(d)(4): 5 Cases

2. REAL PROPERTY NEGOTIATIONS – Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. PROPERTY: 150 W. Elm Avenue, Coalinga, CA. CITY NEGOTIATORS: City Manager, Marissa Trejo and City Attorney, Mario Zamora. NEGOTIATING PARTIES: City of Coalinga. UNDER NEGOTIATION: Price and Terms of Payment

10. CLOSED SESSION REPORT
None

11. ADJOURNMENT 7:39 PM
APPROVED:
___________________________________
James Horn, Mayor
ATTEST:
___________________________________
Shannon Jensen, City Clerk
___________________________________
Date
January 18, 2024
From: mallory griffith
To: Information
Subject: Meeting comment
Date: Thursday, December 7, 2023 4:50:26 PM
To whom it may concern,
I would like to thank the City of Coalinga, Marissa, CPD and CFD for all the hard work they are putting in this holiday season! Their hard work all year long is also much appreciated, however it is so heart warming to see all the effort they are putting in to make sure all of the children in our community get some holiday cheer!
Thank you again for all of your hard work! Coalinga is the BEST place to live and raise a family!
Sincerely,
Mallory Griffith-Wells
Sent from Yahoo Mail for iPhone
From: Joan Vera
To: Information
Date: Thursday, December 7, 2023 4:53:10 PM
I support Gimme Love animal shelter. They have done an amazing job with the limited resources available. Don’t cut their budget.

Sent from my iPhone

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve MINUTES - December 28, 2023 (Special)
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Shannon Jensen, City Clerk
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
MINUTES_For_Approval_122823.pdf Minutes - December 28, 2023 (Special) Minutes – December 28, 2023 (Special)

SPECIAL

MINUTES

CITY COUNCIL/SUCCESSOR

AGENCY/PUBLIC FINANCE AUTHORITY

MEETING AGENDA
December 28, 2023

1. CALL TO ORDER 6:00 PM
Council Members Present: Horn, Ramirez, Vosburg, Schindler, Hedgecock Others Present: City Manager Marissa Trejo
Council Members Absent: None
Others Absent: City Attorney Mario Zamora, Assistant City Manager Sean Brewer, Chief of Police Jose Garza, Financial Services Director Mai Vang, City Treasurer Dawn Kahikina, Administrative Analyst Mercedes Garcia (via Zoom), Fire Chief Greg DuPuis, Public Works and Utilities Coordinator Larry Miller and City Clerk Shannon Jensen
Changes to the Agenda: City Manager Marissa Trejo announced the following changes to the Agenda:

None
Motion by Vosburg, Second by Horn to Approve the Agenda for the Special meeting of December 28, 2023.

Motion Approved by 5/0 Roll-Call Majority Vote.

2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS None

3. CITIZEN COMMENTS
The following individual(s) spoke under Citizen Comments:

None
The following individual(s) submitted written comment(s):

Minutes – December 28, 2023 (Special)
None

4. PUBLIC HEARINGS
None

5. CONSENT CALENDAR
None

6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS None

7. ANNOUNCEMENTS
City Manager’s Announcements:

None
Council Member’s Announcements:

None
Mayor’s Announcements:

None

8. FUTURE AGENDA ITEMS

9. CLOSED SESSION

10. CLOSED SESSION REPORT
None

11. ADJOURNMENT 6:05 PM
APPROVED:
___________________________________
James Horn, Mayor
Minutes – December 28, 2023 (Special)
ATTEST:
___________________________________
Shannon Jensen, City Clerk
___________________________________
Date
January 18, 2024

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve MINUTES - January 4, 2024
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Shannon Jensen, City Clerk
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
MINUTES_For_Approval_010424.pdf Minutes - January 4, 2024 Minutes – January 4, 2024

MINUTES

CITY COUNCIL/SUCCESSOR

AGENCY/PUBLIC FINANCE AUTHORITY

MEETING AGENDA
JANUARY 4, 2024

1. CALL TO ORDER 6:00 PM
Council Members Present: Horn, Ramirez, Vosburg, Schindler, Hedgecock Others Present: City Manager Marissa Trejo, City Attorney Mario Zamora, Chief of Police Jose Garza, Financial Services Director Mai Vang, City Treasurer Dawn Kahikina, Administrative Analyst Mercedes Garcia, Fire Chief Greg DuPuis, and City Clerk Shannon Jensen
Council Members Absent: None
Others Absent: Assistant City Manager Sean Brewer and Public Works and Utilities Coordinator Larry Miller
Changes to the Agenda: City Manager Marissa Trejo announced the following changes to the Agenda:

Councilman Vosburg requested Consent Calendar Item No. 5.6 be removed from Consent for Discussion.

Motion by Hedgecock, Second by Vosburg to Approve the Agenda for the meeting of January 4, 2024. Motion Approved by 5/0 Roll-Call Majority Vote.

2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS None

3. CITIZEN COMMENTS
The following individual(s) spoke under Citizen Comments:

Hilda Crawford thanked City Manager Marissa Trejo and all those involved in the City’s Annual Christmas Program.

Mary Jones similarly thanked Mrs. Trejo and all those involved in the preparation of the City’s Annual Christmas Program.

Minutes – January 4, 2024
Mayor Pro-Tem Ramirez requested a Moment of Silence for Dominic Hernandez who passed away on December 15, 2023.

The following individual(s) submitted written comment(s):

None

4. PUBLIC HEARINGS
None

5. CONSENT CALENDAR

1. Check Register: 11/01/2023 – 11/30/2023

2. Information Only: Airport Update

3. Adopt Resolution No. 4192 Adopting Policy Standards of Accounting and Financial Reporting for Subscription-Based Information Technology Arrangements (SBITAs) in Accordance with Statement No. 96 of the Governmental Accounting Standards Board (GASB)

4. Adopt Resolution No. 4193 and Authorize City Manager to Appoint Water Conservation Analyst to Assist with Administration of the Turf Replacement Program as Stated in Urban Community Drought Relief Grant Award

5. Adopt Resolution No. 4194 Amending the Basic Pay Scale

6. Approve 2023/2027 BSCC Organized Retail Theft Spending Plan Councilman Vosburg requested Item No. 5.6 be Pulled from Consent for Discussion during Changes to the Agenda.

Mary Jones spoke in favor of Council’s approval of the Grant and suggested that the City include a disclaimer in the Job Announcement that the funding for the two positions will expire in 2027.

City Manager Marissa Trejo confirmed that pertinent information such as this is always included in the Job Postings. The information is also included on the Employee’s Personnel Action Form which they would be required to sign in acknowledgement.

7. Authorize Police Department to Change Vacant Police Officer Position to Police Recruit Position

8. Approve Councilman Vosburg’s Appointment to the League of California Cities’ Housing, Community and Economic Development Policy Committee for a Term not to Exceed One Year

9. Direct City Manger to Negotiate a Contract with Pleasant Valley State Prison (PVSP) Second Change Dog Program to Bring Back to Council for Consideration and Approval Minutes – January 4, 2024

10. Direct City Manager to Reach out to Fresno County and Supervisor Mendes for an Update on the Status of Repairs to Los Gatos Park

11. Direct City Manager to Reach out to Coalinga Regional Medical Center, Fresno County and Supervisor Mendes regarding Report on Mental Health and Homeless Services Available within City of Coalinga
Motion by Vosburg, Second by Schindler to Approve Consent Calendar Item Nos. 5.1 through 5.5. and 5.7 through 5.11. Motion Approved by a 5/0 Roll-Call Majority Vote.

Motion by Vosburg, Second by Horn to Approve Consent Calendar Item No. 5.6 and to bring an item back for in 2 years in order to discuss how the Council can continue to fund the positions that the BSCC Organized Retail Theft Grant are scheduled to fund. Motion Approved by a 5/0 Roll-Call Majority Vote.

6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS

1. Discussion, Direction and Potential Action related to Peddlers Regulations Sean Brewer, Assistant City Manager
City Manager Marissa Trejo gave a brief overview of the item, stating this was a Future Agenda Item requested by Councilman Vosburg. After discussing further with Councilman Vosburg, Mrs. Trejo suggests permitting folks to leave flyers on doorsteps, however continue to prohibit solicitors to attempt to make contact with the resident unless they have gone through the proper steps and have received the City’s prior authorization to do so.

Motion by Vosburg, Second by Horn to Approve Staff to make the necessary changes and bring back a draft Ordinance for Council’s consideration and approval. Motion Approved by a 5/0 Roll-Call Majority Vote.

7. ANNOUNCEMENTS
City Manager’s Announcements:

None
Council Member’s Announcements:

Councilman Vosburg spoke on behalf of Scott Netherton from the Chamber of Commerce. The 114th Annual Community Service Awards Gala will be held on Saturday, February 3, 2024 at Harris Ranch Inn & Restaurant Resort. The number of tickets are limited.

Mayor Pro-Tem Ramirez wished everyone a Happy New Year.

Mayor’s Announcements:

Mayor Horn announced that he really enjoyed helping play Santa this year during the City’s Annual Christmas Program.

The next regularly scheduled City Council meeting will be held on January 18, 2024.

8. FUTURE AGENDA ITEMS
Minutes – January 4, 2024
Mayor Pro-Tem Ramirez requested a Future Agenda Item for a Stop Sign to be placed at the intersection of Glenn Avenue and 2nd Street for the North/South traffic (leaving 2nd Street open for through traffic).

Mayor Pro-Tem Ramirez requested a Future Agenda Item for the removal of the tree stumps near the Los Gatos Creek Bridge off of Elm and Phelps Avenues.

9. CLOSED SESSION

1. CITY MANAGER’S PERFORMANCE EVALUATION – Government Code 54957(b)

3. CITY ATTORNEY’S PERFORMANCE EVALUATION – Government Code 54957(b)

10. CLOSED SESSION REPORT
None

11. ADJOURNMENT 6:56 PM
APPROVED:
___________________________________
James Horn, Mayor
ATTEST:
___________________________________
Shannon Jensen, City Clerk
___________________________________
Date
January 18, 2024

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Adopt Resolution No. 4195 Approving Lease-Purchase Contact for Purpose of Financing Police Pursuit Vehicles and Upfitting
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Sean Young, Police Commander
I. RECOMMENDATION:

Staff is requesting approval of Resolution No. 4195, approving Police Department financing of 2 patrol vehicles from Cameron Country Dodge.

II. BACKGROUND:

The councilapproved the purchase of these two vehicles at the council meeting on December 7, 2023, however the financing company is now requesting a Resolution accompany the executed Lease-Purchase Agreement.

III. DISCUSSION:

The vehicles will be financed for a 3-year period for an amount of $51,639.08, with the first payment beginning January 19, 2025, and the final payment being made on January 19, 2027. As stated in the December 7, 2023 staff report, the Police Department's annual COPS Grant will be used to make this purchase.

IV. ALTERNATIVES:

The council may choose to deny the approval of Resolution No. 4195 and the Police Department will stop the purchasing process for the two patrol vehicles.

V. FISCAL IMPACT:

There will be no impact to the general fund for the purchase of the patrol vehicles. The vehicles will be financed for a 3-year period for an amount of $51,639.08, with the first payment beginning January 19, 2025, and the final payment being made on January 19, 2027. The Police Department’s annual COPS Grant will be utilized for the purchase.

ATTACHMENTS:

File Name Description
RESO#4195_Approving_Lease-Purchase_Contract_for_Police_Pursuit_Vehicles_011824.docx Resolution No 4195 Docs_(LPA)_#10575_(rev_1-9).pdf Lease-PurchaseAgreement RESOLUTION NO. 4195

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA APPROVING A LEASE-PURCHASE CONTRACT FOR THE PURPOSE OF FINANCING “POLICE PURSUIT VEHICLES AND UPFITTING” WHEREAS the City of Coalinga (the “Issuer”) desires to enter into that certain Lease-Purchase Contract, by and between Issuer and Government Capital Corporation, for the purpose of financing “Police Pursuit Vehicles and Upfitting”. The Issuer desires to designate this Finance Contract as a "qualified tax-exempt obligation" of the Issuer for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COALINGA:

Section 1.That the Issuer enters into a Lease-Purchase Contract with Government Capital Corporation for the purpose of financing “Police Pursuit Vehicles and Upfitting”.

Section 2.That the Finance Contract by and between the City of Coalinga and Government Capital Corporation is designated by the Issuer as a "qualified tax-exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.

Section 3.That the City of Coalinga will designate the City Manager or the City Manager’s designee, as an authorized signer of the Lease-Purchase Contract by and between the City of Coalinga and Government Capital Corporation as well as any other ancillary exhibit, certificate, or documentation needed for the Contract.

Section 4. The Issuer will use loan proceeds for reimbursement of expenditures related to the Property, within the meaning of Treasury Regulation § 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended.

The foregoing resolution was approved and adopted a regular meeting of the City Council of the City of Coalinga held on this 18th day of January, 20245, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
__________________________________
James Horn, Mayor
ATTEST:
__________________________________
Shannon Jensen, City Clerk
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 1

CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT
THIS CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT No.10575 (hereafter referred to as "Agreement") dated as of January 26, 2024 by and between Government Capital Corporation, a Texas corporation (herein referred to as "Lessor"), and City of Coalinga, a political subdivision or agency of the State of California (hereinafter referred to as "Lessee").

WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:

1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto (hereinafter, with all replacement parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, referred to as the "Property") for the amounts to be paid in the sums (the "Lease Payments") and on the dates (the "Lease Payment Dates") set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof, the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off, defense, counterclaim, or recoupment for any reason. The term of the lease hereunder shall commence upon the dated date of the Exhibit B and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B, unless earlier terminated as provided herein.

2. Renewal and Non-Appropriation. Lessee agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all Lease Payments called for under Exhibit B and use its best efforts and take all steps to cause such appropriations to be made. In the event that (i) funds for the succeeding fiscal period cannot be obtained, (ii)Lessee has exhausted all legally available means for making payment called for under this Agreement, (iii) Lessee has invoked and diligently pursued all legal procedures by which payment called for under this agreement may be made, (iv) such failure to obtain funds has not resulted from any act or failure to act of Lessee, (v) Lessee has not acquired, and has no intent to acquire during the subsequent fiscal period, items of property having functions similar to those the Property or which provide similar benefits to Lessee, and (vi) no funds have been appropriated for the acquisition of such property, Lessee may terminate this Agreement at the end of any fiscal period during the payment schedule set forth in Exhibit B by giving notice to Lessor or its successors at least sixty (60) days prior to the first day of such fiscal period for which appropriations cannot be made. Such failure to obtain proper appropriation and approval of the full amount of funds necessary to make required payments hereunder during any fiscal period subsequent to the current fiscal period shall terminate all Lessee's right, title and interest in and obligations under this Agreement and to all the Property, effective on the last day of the last fiscal period for which appropriation or approval was properly obtained.

3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor, as additional rent, on demand, an amount equal to all licenses, assessments, sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines, or interest thereon imposed against or on Lessor, Lessee or the Property by any governmental authority upon or with respect to the Property or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of payments for, the Property, except any Federal or state income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Property or any interest therein.

4. Lessee's Covenants and Representations. Lessee covenants and represents as follows:
(a) Lessee represents, and will provide an opinion of its counsel to the effect that, it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms, and all requirements for execution, delivery and performance of this Agreement have been, or will be, complied with in a timely manner;
(b) All Payments hereunder have been, and will be, duly authorized and paid when due out of funds then on hand and legally available for such purposes; Lessee will, to the extent permitted by State law and other terms and conditions of this Agreement, include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hereunder, and Lessee has budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder;
(c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization of performance of, or expenditure of funds pursuant to, this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee has an immediate need for, and expects to make immediate use of, substantially all the Property, which need is not temporary or expected to diminish in the foreseeable future; specifically, Lessee will not give priority or parity in the appropriation of funds for the acquisition or use of any additional property for purposes or functions similar to those of the Property. (f) There are no circumstances presently affecting the Lessee that could reasonably be expected to alter its foreseeable need for the Property or adversely affect its ability or willingness to budget funds for the payment of sums due hereunder; and
(g) Lessee's right to terminate this Agreement as specified in Section 2 hereof was not an independently bargained for consideration but was included solely for the purpose of complying with the requirements of the laws of the State in which Lessee is located.
(h) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (i) Lessee will pay the Lease Payment Due by check, wire transfer, or ACH only.

CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 2

5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons only. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Property improperly, carelessly, or in violation of any applicable law, ordinance, rule, or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor, in writing, permits its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits and licenses, if any, required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessor showing the interest of the Lessor.

6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense, Lessee shall service, repair and maintain the Property in as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall replace any and all parts thereof which may from time to time become worn out, lost, stolen, destroyed, or damaged beyond repair or rendered unfit for intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may, at its option, discharge such costs, expenses, and insurance premiums necessary for the repair, maintenance and preservation of the Property, and all sums so expended shall be due from Lessee in addition to rental payments hereunder.

7. Alterations.
(a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Property such equipment or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor, Lessee shall not make any other alterations, modifications, or improvements to the Property except as required or permitted hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property. The Property shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon.

8. Liens. Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to the Property, title thereto or any interest therein, except the respective rights of Lessor and Lessee hereunder.

9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss, damage, theft, or destruction of the Property from any and every cause whatsoever, and no loss, damage, destruction, or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Property is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessee, will either (a) replace the same with like property in good repair or (b) on the next Lease Payment Date, pay Lessor (i) all amounts then owed by Lessee to Lessor under this Agreement, including the Lease Payment due on such date, and (ii) an amount equal to the applicable Option to Purchase Value set forth in Exhibit B.

10. Insurance. Lessee shall either be self-insured with regard to the Property or shall purchase and maintain insurance with regard to the Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self-insured or company insured with regard to the Property listed on that Certificate of Acceptance. Whether Lessee is selfinsured, or company insured, Lessee shall, for the term of this Agreement, at its own expense, provide comprehensive liability insurance with respect to the Property, insuring against such risks, and such amounts as are customary for lessees of property of a character similar to the Property. In addition, Lessee shall, for the term of this Agreement, at its own expense, provide casualty insurance with respect to the Property, insuring against customary risks, coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies are provided with respect to the Property, all insurance policies shall be with insurers authorized to do business in the State where the Property is located and shall name both Lessor and Lessee as insureds as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9. Lessee shall, upon request, deliver to Lessor evidence of the required coverages together with premium receipts, and each insurer shall agree to give Lessor written notice of non-payment of any premium due and ten (10) days’ notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on, in or about the Property to carry workmen's compensation insurance covering employees on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirements of this Section, Lessee shall indemnify, save harmless and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Property against all risk of loss not covered by insurance.

11. Lessee Gross Negligence. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Property and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee’s property or the property of others, which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney’s fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law.

CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 3

12. No Warranty. ALL WARRANTIES, PROMISES AND SERVICE AGREEMENTS, IF ANY, RELATING TO THE PROPERTY THAT THE MANUFACTURERS OR THE PARTY WHO SUPPLIED THE PROPERTY TO LESSOR (THE “VENDOR”) HAVE MADE TO LESSOR IN CONNECTION WITH OR AS PART OF THE CONTRACT BY WHICH LESSOR ACQUIRED THE PROPERTY ARE HEREBY ASSIGNED TO LESSEE.

Lessee may communicate with the Vendor and receive an accurate and complete statement of all such warranties, promises and service agreements, if any. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may but shall have no obligation whatsoever to participate in such claim or action on such warranty, at Lessor’s expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. Lessee acknowledges that Lessee has selected the Vendor, and that Lessee has directed Lessor to acquire the Property from Vendor in connection with this Agreement. Lessee further acknowledges that this Agreement is a “Finance Lease” within the meaning of the Uniform Commercial Code and that Lessee is entitled to the Vendor’s warranties and promises described above, if any. LESSOR HAS

MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION WITH RESPECT TO

THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO ANY SPECIFICATION OR PURCHASE ORDER, OR AS TO THE PROPERTY’S DESIGN, DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any damages on account of such risks.

13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the option to purchase not less than all of the Property which is then subject to this Agreement, "as is" at the payment date, for the Option to Purchase Values set forth in Exhibit B by giving written notice to Lessor not less than sixty (60) days prior to the date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B, Lessee shall be deemed to have properly exercised its option to purchase the Property and shall be deemed to have acquired all of Lessor's right, title and interest in and to the Property, free of any lien, encumbrance or security interest except such liens, encumbrances or security interest as may be created, or permitted and not discharged, by Lessee but without other warranties.

Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall, unless not required hereunder, deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien, encumbrance or security interest except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Property, this Agreement shall terminate except as to obligations or liabilities accruing hereunder prior to such termination.

14. Default and Lessor's Remedies.
(a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency:
(1) Lessee fails to make any payment hereunder when due or within ten (10) days thereafter; (2) Lessee fails to comply with any other covenant, condition or agreement of Lessee hereunder for a period of the ten (10) days after notice thereof;
(3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made;
(4) Lessee makes, permits, or suffers any unauthorized assignment, transfer or other disposition of this Agreement or any interest herein, or any part of the Property or any interest therein; or (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to or acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. (b) Upon the occurrence of any Event of Default specified herein, Lessor may, at its sole discretion, subject to Section 2 hereof, exercise any or all of the following remedies:
(1) Enforce this Agreement by appropriate action to collect those amounts due hereunder as lease payments for the fiscal year in which the default occurs or, in the event of a default continuing from one fiscal year into a subsequent fiscal year(s), to immediately collect as due the lease payments for each year(s) of the continuing default. Under no circumstance shall Lessor, upon default by Lessee, accelerate or collect as due any future annual lease payments for future years remaining, if any, under this Agreement. Require Lessee to perform its other obligations hereunder in which event Lessee shall be liable for those costs and expenses reasonably incurred by Lessor in securing Lessee’s performance of this Agreement. (2) Take possession of the Property, without demand or notice and without court order or any process of law, and remove and relet the same for Lessee's account, in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be received by Lessor in connection with any such reletting; (3) Terminate this Agreement and repossess the Property, in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection therewith;
(4) Sell the Property or any portion thereof for Lessor's account at public or private sale, for cash or credit, without demand or notice to Lessee of Lessor's intention to do so or relet the Property for a term and a rental which may be equal to, greater than or less than the rental and term provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the sum of (i) the costs of such repossession, sale, relocation, storage, reconditioning, reletting and reinstallation (including but not limited to reasonable attorneys' fees), (ii) the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specified in Exhibit B, and (iii) any past due amounts hereunder (plus interest on such unpaid principal balance at the rate specified in Section 19 hereof, prorated to the date of such sale), all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 4
(5) Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses," as that term is used in this Section 14, shall mean, to the extent allowed by law: (i) reasonable attorneys' fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (ii) court costs and disbursements including such costs in the event of any action necessary to secure possession of the Property; and (iii) actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure, including costs of storing, reconditioning and reselling the Property, subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws.
(6) Under no circumstances shall Lessee be liable under this subsection 14 (b) for any amount in excess of the sum appropriated pursuant to Section 1 hereof for the previous and current fiscal years, less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated.

15. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 13 hereof, lessee shall, upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the terms of this Agreement, deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole expense, on such carrier, or delivering the Property to such location, as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor, as provided in this Section 15, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the hold-over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. Lessee hereby waives any right which it now has, or which might be acquired or conferred upon it by any law or order of any court or other governmental authority to terminate this Agreement or its obligations hereunder, except in accordance with the express provisions hereof.

16. Assignment. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement or the Property or any interest in this Agreement or the Property; or (ii) sublet or lend the Property or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title, and interest in and to this Agreement, the Property and any other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Property, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. No assignment or reassignment of any of Lessor's rights, title or interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment or reassignment is made, disclosing the name and address of such assignee.

No further action will be required by Lessor or by Lessee to evidence the assignment. During the term of this Agreement, Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a), and the regulations, proposed or existing, from time to time promulgated thereunder.

17. Personal Property. The Property is and shall at all times be and remain personal property.

18. Title. Upon acceptance of the Property by Lessee hereunder, Lessee shall have title to the Property during the term of this Agreement; however, in the event of (i) an Event of Default hereunder and for so long as such Event of Default is continuing, or (ii) termination of this Agreement pursuant to the provisions of Section 2 hereof, title shall be reverted immediately in and shall revert to Lessor free of any right, title or interest of Lessee unless Lessor elects otherwise.

19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand.

20. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate.

21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate.

22. Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its successors, a security interest in the Property, all accessions thereto and proceeds there from, and, in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Property is located or any other State which may have jurisdiction over the Property. Lessee agrees to execute, acknowledge, and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. Lessee hereby authorizes Lessor or its agent or assigns to sign and execute on its behalf any and all necessary UCC-1 forms to perfect the Purchase Money Security Interest herein above granted to Lessor.

23. Tax Exemption. Lessee certifies that it does reasonably anticipate that not more than $10,000,000 of "qualified tax-exempt obligations", as that term is defined in Section 265 (b) 3 (D) of the Internal Revenue Code of 1986 ("the Code"), will be issued by it and any subordinate entities during 2024. Further, Lessee designates this issue as comprising a portion of the $10 million in aggregate issues to be designated as "qualified tax-exempt obligations" eligible for the exception contained in Section 265 (b) 3 (D) of the Code allowing for an exception to the general rule of the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax-exempt obligations.

CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 5

24. Continuing Disclosure. Specifically, and without limitation, Lessee agrees to provide audited financial statements, prepared by a certified public accountant not later than six (6) months after and as of the end of each fiscal year. Periodic financial statements shall include a combined balance sheet as of the end of each such period, and a combined statement of revenues, expenditures, and changes in fund balances, from the beginning of the then fiscal year to the end of such period. These reports must be certified as correct by one of Lessee's authorized agents. If Lessee has subsidiaries, the financial statements required will be provided on a consolidated and consolidation basis.

25. Miscellaneous.
(a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Property, and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Property, and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect thereto are located. (b) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement (as incorporated within the schedule of payments) is not excludable from income in accordance with the Internal Revenue Code of 1986, as amended, such as to make Lessor and its assigns whole. (c) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor, and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative.
(d) This Agreement shall be construed in accordance with, and governed by, the laws of the State in which the Property is located.
(e) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered, or changed in any respect except by a written document signed by both Lessor and Lessee. (f) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement.
(g) The Lessor hereunder shall have the right at any time or times, by notice to Lessee, to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (h) All transportation charges shall be borne by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Property, of a change in Lessee's address, or in any fact or circumstance warranted or represented by Lessee to Lessor, or if any Event of Default occurs.
(i) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (j) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof.
(k) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, where permitted by this Agreement.
[Signature page follows]
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the ___ day of __________________in the year 2024.

Lessor: Government Capital Corporation
________________________________
Authorized Signature
345 Miron Dr.

Southlake, TX 76092
Witness Signature: __________________________
Print Name: _______________________________
Print Title: ________________________________
Lessee: City of Coalinga
________________________________
Marissa Trejo, City Manager
155 West Durian
Coalinga, CA 93210
Witness Signature: __________________________
Print Name: _______________________________
Print Title: ________________________________
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 7

EXHIBIT A

DESCRIPTION OF PROPERTY
CALIFORNIA MUNICIPAL LEASE AGREEMENT No.10575 (THE "AGREEMENT")

BY AND BETWEEN
Lessor, Government Capital Corporation and Lessee, City of Coalinga Dated as of January 26, 2024

QTY DESCRIPTION
POLICE UNITS as follows:

Two (2) 2023 Dodge Charger (LDDE48) Police RWD with Upfitting CONSOLE/MDT EMERGENCY LIGHTING EMERGENCY LIGHTING – Cont.  VEHICLE-SPECIFIC 17" ANGLED CONSOLE
FOR 2021 2023 DODGE CHARGE POLICE
 1-PIECE EQUIPMENT MOUNTING BRACKET;
3" MOUNTING SPACE; FITS KENWOOD KCH20R REMOTE RADIO
 1-PIECE EQUIPMENT MOUNTING BRACKET;
4" MOUNTING SPACE; FITS WHELEN
 48" DUO LEGACY FULLY POPULATED

W/CLEAR LENSES W/TAKEDOWNS (DRIVER
SIDE RED/WHITE FRONT; RED/AMBER REAR;
PASSENGER SIDE BLUE/WHITE FRONT;
BLUE/AMBER REAR); C399 CORE SIREN;
CEM16 EXPANSION MODULE; CV2V SYNC;
C399K*; SA315U SPEAKER; SAK*; STPKT*
 CENCOM CORE WCX CONTROL CENTER
 WECANX 16 OUTPUT EXPANSION MOD
 VEHICLE-TO-VEHICLE SYNC MODULE
 SURFACE MT LINZ V-SERIES RED
 SURFACE MT LINZ V-SERIES BLUE
 LINSV MIRROR MT KIT CHARGER
 OBDII CANPORT KIT DODGE
CENCOM CCSRN; CCSRNTA; MPC03
 1-PIECE EQUIPMENT MOUNTING BRACKET;
 (2) TRIO ION R/B W/ WHT OVERRIDE
Mounting Location: LC - PB LIGHT CHANNEL
 SA-315 SIREN MOUNT KIT CHARGER
 LIGHTBAR STRAP KIT # 82
4" MOUNTING SPACE; FITS WHELEN
CENCOM CCSRN; CCSRNTA; MPC03
 TRIO ION R/B W/ WHT OVERRIDE
Mounting Location: PB145 - DS SIDE 45
 ARMREST FOR TOP MOUNT CONSOLE LARGE
PAD
 TRIO ION R/B W/ WHT OVERRIDE
Mounting Location: PB245 - PS SIDE 45
 SELF-ADJUSTING DOUBLE CUP HOLDER
 BLACK PADDLE TYPE ROCKER SWITCH; LED
 SINGLE AVENGER II DUO RED/BLU
Mounting Location: RD1 - REAR DECK - DS
PILOT LIGHT; 20 AMPS; 12 VOLT; ON/OFF 3
PRONG
 SINGLE AVENGER II DUO RED/BLU
Mounting Location: RD2 -REAR DECK - PS
OTHER
 (2) MAGNETIC MIC CLIP WITH SIDE MOUNT

BRACKET
 CONSOLE ACCESSORY BRACKET WITH 2
 (2) TRIO ION R/B W/ WHT OVERRIDE
Mounting Location: LP2 - HORIZONTAL ON

BRACKET
 PLACEHOLDER - GUN LOCKS
 POWER DISTRIBUTION KIT
 PAINT: DOOR 4 & ROOF
LIGHTER PLUG OUTLETS; 1 USB-C & USB
TYPE A DUAL PORT CHARGER AND 2 BLANKS

FOR RECTANGULAR ACCESSORIES
 USB-C & USB TYPE A DUAL PORT CHARGER
 ION LICENSE PLATE BKT HORIZ.
 SA315U SPEAKER BLACK PLASTIC
Mounting Location: PB - FRONT CENTER
 LEGACY WCX 48" D/E/D/E PROMO;

W/TAKEDOWNS AND CLEAR LENSES
 WIRING HARNESS
 PROGRAMMING

EXTERIOR PRISONER TRANSPORT EQUIPMENT STORAGE
 6 IN. SPOTLIGHT-RH-BLACK HEAD  2015-23 CHARGER DRIVER AND PASSENGER  2015-23 CHARGER 4-PC. HT. ADJ.  INSTALL KIT FOR PSG SIDE SPOTLIGHTDODGE CHARGER-2010 SIDE POLYCARBONATE WINDOW GUARDS  US SIZE; RECESSED PANEL; SLIDING
 MOUNTING BRACKETS FOR AC-TRAY-38

FULL-SIZE TRAY
 6 IN. SPOTLIGHT-LH-BLACK HEAD WINDOW: SQUARE-HOLE PUNCHED  SEDAN TRUNK FULL-WIDTH ELECTRONICS  2011+ CHARGER Driver SideInstallation Kit CRAWL-THRU PREVENTION BRACKET TRAY. MOUNTING SURFACE: 35.4" W X  LR SERIES PUSH BUMPER; 2-LIGHT WHELEN

ION-INCLUDES LIGHT MASK WIRE COVERS &

INTERSECTION LIGHT BRACKETS AND

TRANSFER KIT-LIGHTS NOT INCLUDED -
STEEL; SEMI-GLOSS BLACK; 15-23 DODGE

CHARGER PURSUIT
 DUAL WEAPON MOUNT WITH ADJUSTABILITY
AND NO ACCESS TO WEAPON LOCK WIRES.

WEAPON LOCKS SOLD SEPARATELY
 2015-23 CHARGER STANDARD PARTITION

MOUNTING KIT DRILLING REQUIRED
 2015-23 CHARGER FLAT KICK PANEL

W/FOOT POCKETS

19.4" L
 2015-23 DODGE CHARGER DRIVER AND

PASSENGER SIDE DOOR PANEL SET

PROPERTY LOCATION:

Coalinga Police Department
270 N. 6th St
Coalinga, CA 93210
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 8

EXHIBIT B
>> SCHEDULE OF PAYMENTS & OPTION TO PURCHASE PRICE <<
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT No. 10575 (THE "AGREEMENT")

BY AND BETWEEN
Lessor: Government Capital Corporation and Lessee: City of Coalinga Schedule dated as of January 26, 2024

PMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO. MO. DAY YR PAYMENT PAID PAID after pmt on this line

1 1/26/2025 $51,639.08 $8,877.67 $42,761.41 $95,746.82
2 1/26/2026 $51,639.08 $6,102.46 $45,536.62 $49,086.57
3 1/26/2027 $51,639.08 $3,147.11 $48,491.97 $1.00
Grand Totals $154,917.24 $18,127.24 $136,790.00

Interest Rate: 6.49%
****This Schedule is subject to current Market Indexing if closing occurs after the above Date**** Accepted By Lessee: _______________________________________ Marissa Trejo, City Manager
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 9

INCUMBENCY, INSURANCE, AND ESSENTIAL USE CERTIFICATES
CALIFORNIA MUNICIPAL LEASE AGREEMENT No.10575 (THE "AGREEMENT")

BY AND BETWEEN
Lessor, Government Capital Corporation and Lessee, City of Coalinga Dated as of January 26, 2024
I, Shannon Jensen, do hereby certify that I am the duly elected or appointed and acting City Clerk (Keeper of the Records), of City of Coalinga, a political subdivision or agency duly organized and existing under the laws of the State of California that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) named below are the duly elected or appointed officer(s) of such entity holding the office(s) set forth opposite their respective name(s). I further certify that (i) the signature(s) set opposite their respective name(s) and title(s) are their true and authentic signature(s), and (ii) such officers have the authority on behalf of such entity to enter into that certain California Municipal Lease-Purchase Agreement dated as of, January 26, 2024 between such entity and Government Capital Corporation.

Name Title Signature
Marissa Trejo City Manager
IN WITNESS WHEREOF, I have duly executed this certificate hereto this _______day of ____________________, 2024.

By: ____________________________
Shannon Jensen, City Clerk
Lessee certifies that property and liability insurance, if applicable, have been secured in accordance with the Agreement and such coverage will be maintained in full force for the term of the Agreement. "Lessor or its Assigns" should be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. The following information is provided about insurance:

INSURANCE COMPANY/AGENT'S:

Name: ____________________________________________________________________________________________________ Address: __________________________________________________________________________________________________ INSURANCE AGENT’S EMAIL ADDRESS: _______________________________________________________________________ PHONE NUMBER: ___________________________ POLICY NUMBER: __________________________________________________ I, Marissa Trejo, City Manager, of City of Coalinga ("Lessee"), hereby certify that the Equipment, to be leased to the undersigned under the certain Lease Agreement, dated as of January 26, 2024, between such entity and Government Capital Corporation ("Lessor"), will be used by the undersigned Lessee for the following purpose: (PLEASE FILL OUT PRIMARY USE BELOW) PRIMARY USE ____________________________________________________________________________________________ The undersigned hereby represents that the use of the Equipment is essential to its proper, efficient, and economic operation.

IN WITNESS WHEREOF, I have set my hand this ________ day of _____________________, 2024.

By Lessee:
_____________________________
Marissa Trejo, City Manager
For Lessee: City of Coalinga
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 10 [to be retyped on letterhead of lessee's counsel]
Government Capital Corporation
Attention Documentation Department
345 Miron Drive
Southlake, TX 76092
RE: California Municipal Lease-Purchase Agreement No.10575.

Dear Lessor,
I have acted as Counsel to City of Coalinga, with respect to that certain Lease Purchase Agreement No.10575, by and between Government Capital Corporation as Lessor and City of Coalinga as Lessee. I have reviewed the Agreement and such other documents, records and certificates of Lessee and appropriate officials as I have deemed relevant and am of the opinion that:

1. The Lessee is a political subdivision or agency of the State of California with the requisite power and authority to incur obligations, the interest on which is exempt from taxation by virtue of Section 103(a) of the Internal Revenue Code of 1986;

2. The execution, delivery and performance by the Lessee of the Agreement have been duly authorized by all necessary action on the part of the Lessee;

3. The Agreement constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms.

4. The above opinions may be relied upon by the Lessee, Lessor, or its Assigns.

Sincerely,
Attorney at Law
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 11

RESOLUTION

A RESOLUTION REGARDING A CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT FOR THE PURPOSE OF FINANCING “POLICE UNITS AND UPFITTING”.

WHEREAS, the City of Coalinga desires to enter into that certain California Municipal Lease-Purchase Agreement dated as of January 26, 2024, by and between City of Coalinga and Government Capital Corporation, for the purpose of financing “Police Units and Upfitting”. The City desires to designate this Agreement as a "qualified tax-exempt obligation" of the City for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The City desires to designate the City Manager or the City Manager’s designee as an authorized signer of the Agreement.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF THE CITY OF COALINGA:

Section 1. That the City enters into a Lease-Purchase Agreement with Government Capital Corporation for the purpose of financing “Police Units and Upfitting”.

Section 2. That the Lease Purchase Agreement dated as of January 26, 2024, by and between the City of Coalinga and Government Capital Corporation is designated by the City as a "qualified tax-exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.

Section 3. That the City will designate the City Manager or the City Manager’s designee, as an authorized signer of the Lease Purchase Agreement Number 10575 dated as of January 26, 2024, by and between the City of Coalinga and GCC as well as any other ancillary exhibit, certificate, or documentation needed for the Agreement.

Section 4. That the City will use finance agreement proceeds for reimbursement of expenditures related to the Property, within the meaning of Treasury Regulation § 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended.

This Resolution has been PASSED upon Motion made by Board Member_________________________, seconded by Board Member _______________________ by a vote of ______ Ayes to ______ Nays and is effective this ____________________, 2024.

Lessee: City of Coalinga Witness Signature
____________________________________ ___________________________________ Mayor or Mayor Pro-Tem City Clerk
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 12

ESCROW AGREEMENT
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT No.10575 (THE "AGREEMENT")

BY AND BETWEEN
Lessor, Government Capital Corporation and Lessee, City of Coalinga TAX ID #94-6000312 Dated as of January 26, 2024
THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of January 26, 2024 ("Agreement Date"), by and among Government Capital Corporation ("Lessor"), City of Coalinga ("Lessee") and _________________________________ ("Agent").

W I T N E S S E T H:

WHEREAS, Lessor and Lessee have entered into a certain California Municipal Lease-Purchase Agreement dated as of January 26, 2024 (the "Lease"), pursuant to which the property more particularly described therein (the "Property") will be leased to the Lessee under the terms stated in the Lease;
WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Property, and Agent agrees to serve as escrow agent for such funding and acquisition;
NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows:

1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease.

2. Lessor has delivered to Agent the sum of $136,290.00 ("Escrow Amount") for deposit by Agent in the City of Coalinga Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement.

3. Deposits in the Fund shall be used to pay for the acquisition of the Property. The Property may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Property promptly upon receipt of a properly executed Escrow Disbursement Request Form, in the form attached hereto as “Schedule 1”, for that portion of the acquisition of the Property for which payment is requested. Upon full acquisition of an item or group of items of the Property, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Escrow Disbursement Request Form in the form attached hereto as “Schedule 1”, for that portion of the Property for which payment is requested. Payment by Agent shall be to the payee shown on the Escrow Disbursement Request Form.

4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations, or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share, or Money Market Mutual Funds registered under the Investment Act of 1940. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. Agent will be entitled to sell or redeem any such investments as necessary to make any distributions required under this Agreement and shall not be liable for any loss resulting from such sale or redemption. In the absence of written investment direction from the Lessor, the Agent shall invest and reinvest the amounts in the Fund in Money Market Mutual Funds registered under the Investment Act of 1940.

5. Upon execution of one or more Acceptance Certificates by Lessee and payment of acquisition costs by Agent for all the Property (as confirmed in writing by the Lessor to the Escrow Agent), this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on January 26, 2025 ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit “A" attached to the Lease shall thereupon be revised to delete any non-acquired portions of the Property and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs.

6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof to Agent.

7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. Upon the effective date of any resignation, the Escrow Agent shall deliver all cash and other property in the Fund to a successor escrow agent designated by Lessor, and if no successor has been appointed, shall deliver all such cash and other property to the Lessor and all obligations of the Escrow Agent shall cease.

8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Property or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease.

9. Agent shall be entitled to rely in good faith upon any documents signed by a party hereto and shall have no duty to investigate the veracity of such documents. Agent (i) may assume that any person giving notice pursuant to the terms hereof is authorized to do so and (ii) shall not be liable for good faith reliance thereon. Agent may consult with legal counsel in the event of any dispute or question as to the construction of any of the provisions hereof or its duties hereunder, and, to the extent it acts in good faith without gross negligence or willful misconduct, it shall be fully protected in acting in accordance with the opinion or instructions of such counsel. The Agent shall not be liable for any act done or step taken or omitted by it or any mistake of fact or law, except for its gross negligence or willful misconduct. The Lessor and Lessee jointly and severally agree to indemnify and save Agent harmless from all losses, costs, liabilities, actual damages, fees, and expenses (including, but not limited to, reasonable attorney's fees and expenses) suffered or incurred by Agent arising from the performance of its obligations under this Agreement ("Acts"), except such Acts as arise from or attributable to the gross negligence or willful misconduct of Agent.

10. To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instrument from time to time comprising the Fund, Lessor hereby appoints the Agent as its security agent, and the Agent hereby accepts the appointment as security agent and agrees to hold physical possession of such cash negotiable instruments on behalf of Lessor.

11. This Agreement may be amended by written agreement executed by all the parties. Lessor may assign its rights and/or obligations at any time with written notice thereof to the other parties hereto.

12. This Agreement may be executed in several counterparts, each of which shall be an original. The parties hereto agree the transactions described herein may be conducted and related documents may be stored by electronic means.

13. Agent shall be entitled to fees and expenses for its regular services as Agent as set forth in its fee letter delivered to the Lessor and Lessee. Additionally, Agent is entitled to fees for extraordinary services and reimbursement of any out of pocket and extraordinary costs and expenses, including, but not limited to, attorneys' fees. Agent shall have a first lien upon all amounts in the Fund for the purposes of paying its fees and expenses. All of the Escrow Agent's compensation, costs and expenses shall be paid by the Lessee unless agreed to by Lessor.

CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 13

14. In the event of any disagreement between the undersigned or any other person, resulting in adverse claims and demands being made on the Fund, the Agent shall be entitled to refuse to comply with any demand or claim, as long as such disagreement shall continue, and in so refusing to make any delivery or other disposition of any money, papers or property involved or affected hereby, the Agent shall not be or become liable to the undersigned for its refusal to comply with such conflicting or adverse demands, and the Escrow Agent shall be entitled to refuse and refrain to act until: (a) the rights of the adverse claimants shall have been fully and finally adjudicated in a Court assuming and having jurisdiction of the parties and money, papers and property involved herein or affected hereby, or (b) all differences shall have been adjusted by agreement and the Agent shall have been notified thereof in writing, signed by all the interested parties.

15. The parties hereto agree that, for tax reporting purposes, all interest or other income, if any, attributable to the Escrowed Funds or any other amount held in escrow by the Escrow Agent pursuant to this Agreement shall be allocable to the Lessor for credit to Lessee subject to the terms of this Agreement. The Lessor and Lessee agree to provide the Escrow Agent completed Forms W-9 (or Forms W-8, in the case of non-U.S. persons) and other forms and documents that the Escrow Agent may reasonably request (collectively, "Tax Reporting Documentation") at the time of execution of this Agreement and any information reasonably requested by the Escrow Agent to comply with the USA Patriot Act of 2001, as amended from time to time. The parties hereto understand that if such Tax Reporting Documentation is not so certified to the Escrow Agent, the Escrow Agent may be required by the Internal Revenue Code, as it may be amended from time to time, to withhold a portion of any interest or other income earned on the investment of monies or other property held by the Escrow Agent pursuant to this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

LESSOR: Government Capital Corporation
BY: ________________________________________________
Authorized Signer
LESSEE: City of Coalinga
BY: _________________________________________________
Marissa Trejo, City Manager
AGENT: ____________________________________________________ BY: _________________________________________________
Agent Rep, Agent Rep Title
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 14 Escrow Disbursement Request Form – Instruction Sheet
*** THE FOLLOWING FORM IS TO PAY YOUR
VENDOR FROM THE ESCROW ACCOUNT***
To process the payment to your Vendor, please make sure to:
1) Print or make copies of the blank Escrow Disbursement Request Form if there are multiple disbursements.
2) Complete an Escrow Disbursement Request Form for each Vendor. 3) Attach a copy of your Vendor’s Invoice(s).
4) Have the Authorized Signer sign the Disbursement Form in BOTH places as well as date the form at the bottom.
5) You can e-mail the Disbursement Form to [email protected]

WHEN YOU ARE READY TO PAY YOUR VENDOR, PLEASE FOLLOW THE ABOVE PROCEDURES, AND EMAIL FORMS TO:

Government Capital Corporation
Attn.: Doc. Dept.
345 Miron Drive
Southlake, TX 76092
Phone: 817-421-5400
[email protected]
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT Page - 15 ESCROW AGREEMENT – SCHEDULE 1
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT No.10575 (THE "AGREEMENT")

BY AND BETWEEN
Lessor, Government Capital Corporation and Lessee, City of Coalinga Dated as of January 26, 2024

ESCROW DISBURSEMENT REQUEST FORM
_____________________________, acting as escrow agent (the "Agent") under the Escrow Agreement dated as of January 26, 2024 (“Escrow Date”) by and among the Agent, Government Capital Corporation as Lessor and City of Coalinga as Lessee, is hereby requested to pay to the person or corporation designated below as Payee the sum set forth below in payment of the acquisition and installation costs of the equipment described below. The amount shown below is due and payable under the invoice of Payee with respect to the described equipment and has not formed the basis for any prior request for payment.

PAYEE: (Include W-9) ________________________________________________________________________________________ AMOUNT: _________________________________________________________________________________________________ DESCRIPTION OF PROPERTY: __________________________________________________________________________________ INVOICE #___________________________________ DATED: _________________________________________________ Indicate Method for Payment Disbursement:
_____Overnight Check *** _____Regular Mail Check _____Wire Funds Mailing Address: ____________________________ Wire Instructions: ______________________________ ____________________________ ______________________________ ***Please note that there might be a fee charged for overnight delivery. This fee will be deducted from the Escrow Balance before disbursement is made.

With respect to such requisition, the parties (i) certify they have reviewed any wire instructions set forth in such written disbursement direction to confirm such wire instructions are accurate, (ii) agree to indemnify and hold harmless the Agent from and against any and all claim, demand, loss, liability, or expense sustained, including but not limited to attorney fees, and expenses resulting directly or indirectly as a result of making the disbursement requested, and (iii) agree they will not seek recourse from the Agent as a result of losses incurred by it for making the disbursement in accordance with the disbursement direction.

Lessee: City of Coalinga
By: ______________________________________
Marissa Trejo, City Manager
Lessor: Government Capital Corporation or its Assigns
By: ______________________________________
Authorized Signer

ACCEPTANCE CERTIFICATE
City of Coalinga as Lessee under that certain California Municipal Lease-Purchase Agreement dated as of January 26, 2024 ("Agreement Date") (the "Lease"), hereby acknowledges receipt in good condition of all the equipment described on the attached Vendor Invoice(s) hereby accepts such equipment and hereby certifies that Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease with regard to such equipment, that such equipment is fully insured in accordance with Section 10 of the Lease and that such equipment constitutes all or a portion of the Equipment as that term as defined in the Lease.

Date of Property/Services Acceptance: _______________________, 2024.

By Lessee:
________________________________________
Marissa Trejo, City Manager
For Lessee: City of Coalinga
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

Print or type.

See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
Form 8038-G
(Rev. October 2021)
Department of the Treasury
Internal Revenue Service
Information Return for Tax-Exempt Governmental Bonds
a Under Internal Revenue Code section 149(e)
a See separate instructions.

Caution: If the issue price is under $100,000, use Form 8038-GC. a Go to www.irs.gov/F8038G for instructions and the latest information.

OMB No. 1545-0047
Part I Reporting Authority Check box if Amended Return a 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 3 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information 10b Telephone number of officer or other employee shown on 10a
Part II Type of Issue (Enter the issue price.) See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . 15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Other. Describe a 18
19 a If bonds are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . a b If bonds are BANs, check only box 19b . . . . . . . . . . . . . . . . . . a 20 If bonds are in the form of a lease or installment sale, check box . . . . . . . . . a Part III Description of Bonds. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity
(d) Weighted
average maturity (e) Yield
$ $ years %
Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . . . . 23 24 Proceeds used for bond issuance costs (including underwriters’ discount) 24 25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund . 26 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V . . . 27 28 Proceeds used to refund prior taxable bonds. Complete Part V . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . 29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . 30 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . a years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . a years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . a 34 Enter the date(s) the refunded bonds were issued a (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 10-2021) City of Coalinga 94-6000312
Shannon Jensen, City Clerk 559-935-1525
155 West Durian
Coalinga, CA 93210 January 26, 2024
CALIFORNIA MUNICIPAL LEASE-PURCHASE AGREEMENT No. 10575 None Marissa Trejo, City Manager 559-935-1525
$136,790.00
✔
1/26/2027 136,790.00 N/A 2.0419 6.49
N/A
$136,790.00
$500.00
N/A
N/A
N/A
N/A
$500.00
$136,290.00
N/A
N/A
N/A
Form 8038-G (Rev. 10-2021) Page 2
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC a (MM/DD/YYYY) c Enter the name of the GIC provider a
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box a and enter the following information:
b Enter the date of the master pool bond a (MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond a d Enter the name of the issuer of the master pool bond a 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . a 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . a 41 a If the issuer has identified a hedge, check here a and enter the following information:
b Name of hedge provider a
c Type of hedge a
d Term of hedge a
42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . a 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . a 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . a 45a If some portion of the proceeds was used to reimburse expenditures, check here a and enter the amount of reimbursement . . . . . . . . . . . . . . a
b Enter the date the official intent was adopted a (MM/DD/YYYY) Signature
and
Consent
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.

F
Signature of issuer’s authorized representative Date F
Type or print name and title
Paid
Preparer
Use Only
Print/Type preparer’s name Preparer’s signature Date Check if self-employed
PTIN
Firm’s name a
Firm’s address a
Firm’s EIN a
Phone no.

Form 8038-G (Rev. 10-2021)
✔
Marissa Trejo, City Manager

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Annual Review of City of Coalinga Council Rules of Procedure Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

There is no staff recommendation.

This item was requested as a Future Agenda Item by Councilman Horn to be brought back annually, in or around each January, for review.

II. BACKGROUND:

The City of Coalinga Council Rules of Procedure is often referred to as the "Council Code of Conduct." III. DISCUSSION:

Councilman Horn requested the Council review the attached Rules of Procedures annually. They are attached for Council review.

If any Council Member wishes to discuss the Rules of Procedure or make changes, this item should be pulled and discussed. Otherwise, Council should read and familiarize themselves with the attachment prior to the meeting.

IV. ALTERNATIVES:

None.

V. FISCAL IMPACT:

None.

ATTACHMENTS:

File Name Description
Code_of_Conduct_2023_amended_10.19.23.pdf Council Code of Conduct

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
1 | Page
Decorum of City Council Members

1. Council Members shall:
a. put constituents first at all times;
b. treat each other, Staff, and the Public with dignity, courtesy, and respect; c. value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation;
d. follow through on commitments and be accountable to each other; e. clarify when items are discussed in confidence and maintain appropriate confidentiality;
f. be attentive to others, limiting interruptions and distractions; g. encourage dissent in debate while being mindful not to prolong discourse or block consensus;
h. be candid with each other about ideas and feelings, and resolve conflicts directly;
i. keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves;
j. continuously strive to improve how members work as a team; k. place clear and realistic demands on staff resources and time when requesting action;
l. start and end meetings on time, work from an agenda, and be present, attentive, and prepared;
m. present problems in a way that promotes discussion and resolution; n. continually work to build trust in each other;
o. treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments at all times, including but not limited to Council Meetings, social media, and public events;
p. be fair, impartial, and unbiased when voting on quasi-judicial actions; q. move to require the Mayor to enforce these Rules, and the Mayor shall do so upon an affirmative vote of a majority of the Council Members present; r. preserve order and decorum during the meeting;
s. not delay or interrupt the proceedings or the peace of the council, nor disturb any Council Member while speaking, by conversation or otherwise; t. prohibit disclosure of confidential communications and authorize public censure for failure to comply;

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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u. support the Rules established by the Council;
v. abide by these Rules in conducting the business of the City of Coalinga; w. value each other’s time;
x. attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority;
y. have the right to dissent from, protest, or comment upon any action of the Council;
z. respect each other’s opportunity to speak and, if necessary, agree to disagree;
aa. avoid offensive negative comments and shall practice civility and decorum during discussions and debate;
bb. assist the Mayor’s exercise of the affirmative duty to maintain order; cc. speak to the City Manager directly on issues and concerns but not give individual direction;
dd. treat staff professionally and refrain from publicly criticizing individual employees;
ee. avoid involvement in personnel issues except during Council closed sessions regarding Council-appointed staff such as the City Manager and City Attorney, including hiring, firing, promoting, disciplining, and other personnel matters;
ff. discuss directly with the City Manager and/or City Attorney any displeasure with a department or Staff;
gg. request answers to questions on agenda items from the City Manager, City Attorney, City Clerk, City Treasurer, Department Directors, or Division Managers prior to the meeting whenever possible;
hh. be deemed to have forfeited his or her title to office upon failing to attend four (4) consecutive Regular City Council Meetings without excuse; ii. may present via audio, visual, presentation or other means of communications any agenda item requested to be placed on the agenda by that Council Member; and
jj. disclose conflicts of interest:
(i) The Political Reform Act prohibits any public official from making, participating in making, or in any way attempting to use his/her official position to influence a governmental decision in which the public official knows or has reason to know he/she has a financial interest.
(ii) A Public Official who holds an office specified in Government Code Section

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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87200, and who has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately, prior to the consideration of the matter, do all of the following:
• publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required;
• recuse himself/herself from discussing and voting on the matter, or otherwise acting n violation of Government Code Section 87100; • Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters; • And, the Public Official may speak on the issue during the time the general public speaks on the issue, but not from the dais. (iii) Public Officials who have a disqualifying conflict of interest shall also comply with the administrative regulations of the Fair Political Practices Commission, as may be amended or adopted, from time to time, for implementing this rule.
kk. direct all contracts to City Manager for signature. ll. strive to pass balanced budgets in a timely manner. mm. not submit requests for non-budgeted expenses as those types of agenda items should originate on the City Council agenda from City Staff via the City Manager if it relates to City building maintenance, staffing, personnel, City vehicles, repairs or upgrades.
nn. refrain from interfering in City administrative duties assigned to the City Manager and Department Heads. All requests from City Staff should flow through their supervisors and the City Manager.
oo. not be involved in the day-to-day work of the City Staff and should make sure not to interfere in the maintenance, personnel needs, City structures and Staff requests.
pp. not interfere with the execution by the City Manager of his or her powers or duties. Except for purposes of inquiry, the Council and its members shall deal with the portion of the administrative services for which the City Manager is responsible solely through him or her. Council Members are not allowed to interfere and/or influence the City Manager in making purchases of any materials, supplies or increase in personnel that come from a City Staff Member or department that have not gone through the chain of command and have approval from the City Manager.

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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qq. set policy, but it is the City Manager who actually implements the policies. This means it is not the role of the Council Member to supervise City employees on the job or become involved in the day-to-day administration of City affairs such as personnel, building repairs, and maintenance and all requests from City Staff shall go through the City Manager.
rr. not be authorized to interfere with the City Manager’s administration of City government. Council Members may not give orders to Staff, Department Heads or other City employees. To do its job, however, Council may request information from City Staff on how the City is operating, however any actions from those conversations that could impact the budget or disrupt from the City Manager’s ability to lead should originate from City Staff and follow their chain of command. This does not stop Council from asking questions to City Staff pertaining to a Future Agenda Item they are working on unrelated to duties of the City Manager.
ss. understand it is the City Manager who has the power, and it shall be his or her duty, to appoint, discipline and remove all employees of the City under his or her jurisdiction, subject to civil service requirements. tt. receive individual emails from the City Clerk monthly outlining each individual Council Member’s travel and training budget balance.

Decorum of City Staff

1. City Staff shall:
a. prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule; b. be available for questions from Council Members in accordance with the Brown Act prior to and during meetings;
c. respond to questions from the public during meetings only when requested to do so by Council Members or the City Manager;
d. refrain from arguing with the Public or Council Members; e. switch any electronic equipment such as pagers and cellular telephones to silent, airplane mode or off during Council Meetings;
f. remain objective on issues and should not be advocates for issues unless so directed by the City Manager; and
g. disclose conflicts of interest:
(i) The Political Reform Act prohibits any Staff Member from making, participating in making, or in any way attempting to use his/her official position to influence a governmental decision in which the public official knows or has reason to know he/she has a financial interest.

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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(ii) A Staff Member who holds an office specified in Government Code Section 87200, and who has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately, prior to the consideration of the matter, do all of the following:
• publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required;
• recuse himself/herself from discussing the matter, or otherwise acting in violation of Government Code Section 87100;
• Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters; • And, the Staff Member may speak on the issue during the time the general public speaks on the issue, but not from the dais. (iii) Staff Members who have a disqualifying conflict of interest shall also comply with the administrative regulations of the Fair Political Practices Commission, as may be amended or adopted, from time to time, for implementing this rule.

Decorum of the Public

1. Any Member of the Public who is a Lobbyist shall identify themselves and the client(s), business, or organization they represent before speaking to the Council.

2. Members of the Public attending Council meetings shall observe the same rules and decorum applicable to the Council Members and staff as noted above.

3. Members of the Public attending Council meetings shall not bring food items into the Council Chambers. Water is okay so long as the container it is in has a closed top.

4. No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior, nor shall any person engage in conduct that disturbs the orderly conduct of the Council meeting. Examples of disorderly conduct include, but are not limited to, feet-stamping, whistling, yelling or shouting, organized silent demonstrations, physically threatening conduct, name calling, cursing, and similar demonstrations.

5. The Mayor shall request that a person who is breaching the rules of decorum cease the conduct. If the person does not cease the conduct immediately, the Mayor may declare that person to be in disorder as a result of their conduct and order the

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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person to leave the Council M eeting. The Coalinga Police Department shall assist the Mayor in enforcing the rules of decorum, including removing disorderly persons upon order of the Mayor.

6. Any person who willfully engages in conduct which is designed to or is likely to provoke others to engage in violent or riotous behavior, disturbs the peace of the meeting by loud and unreasonable noise, engages in other disruptive conduct which substantially interferes with the orderly conduct of business before the Council, and who fails, upon request of the Mayor, or representative acting in the capacity of the Mayor, to cease such activity, shall be barred from further attendance at such meeting unless permission to remain and/or address the Council is granted by a majority vote of the Council. A person violating this subsection may be charged with a misdemeanor.

Addressing the Council

1. Purpose of Citizen Comments. During City Council meetings, the City provides opportunities for the public to address the Council as a whole in order to listen to the public’s opinions regarding matters within the jurisdiction of the City. a. Citizen Comments should not be addressed to individual Council Members not to City Officials, but rather to the Council as a whole regarding City business. b. While Members of the Public may speak their opinions on City business, personal attacks on Council Members and City Officials, use of swear words, and signs or displays of disrespect for individuals are discouraged as they impede good communication with the Council.
c. Consistent with the Brown Act, the public comment periods on the agenda are not intended to be “Question and Answer” periods or conversations with the Council and City Officials.
d. Members of the Public with questions concerning Consent Calendar items may contact the Staff person who provided the report prior to the meeting.

2. Citizens interested in making comments related to a specific agenda item shall complete a Public Comment Card and provide it to the City Clerk prior to the vote on the item they wish to speak on.

3. Speaker time limits. In the interest of facilitating the Council’s conduct of City Business, the following time limits apply to Members of the Public (speakers) who wish to address the Council during the meeting.
a. Matters within the jurisdiction of the City. Three (3) minutes per speaker. b. Time limits per meeting.
(i) Each speaker shall limit his/her remarks to the specified time allotment. (ii) The City Clerk shall consistently utilize the timing system.

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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(iii) In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.

Organized groups may choose a single spokesperson who may speak for the group, but with no increase in time.
(iv)Speakers shall not concede any part of their allotted time to another speaker.
(v) The Mayor, with consensus of Council, may further limit, or expand, the time allotted for public comments per speaker or in total for the orderly conduct of the meeting; such limits shall be fairly applied.

Electronic Devices

1. Members of the Public shall turn their electronic devices that are capable of emitting sound – including cellular telephones, personal data devices, pagers, digital tablets, laptop computers, etc. – to the off or silent mode during Council Meetings.

2. Cameras. Cameras and recording equipment may be used during Council Meetings only if:
a. the devices are silent during use; and
b. the devices are used in a manner and at locations that do not impede walkways or others views of the meeting or disrupt the conduct of the meeting.

Location of Speaker

1. Members of the Public shall not approach the dais without the express consent of the Mayor.

2. Members of the Public wishing to address the Council must approach the podium when recognized by the Mayor and speak only from the podium.

3. Members of the Public should, but are not required, to state their name and address before beginning comments.

MEETING TYPES AND SCHEDULES
Regular Meetings

1. The Council shall meet the first and third Thursday of each month generally beginning at 6:00 p.m. in the City Hall Council Chambers, 155 W. Durian Ave, Coalinga, California, except as otherwise provided in the annually adopted meeting schedule or as otherwise revised by the Council.

2. Whenever possible, Special Workshops shall take place in the Council Chambers.

3. All City Council Meetings, Regular or Special, other than Emergency Meetings,

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including workshops, shall not be scheduled before 5:00 p.m.

Adjourned Meetings
As permitted by law, the Council may adjourn any Regular, Adjourned Regular, Special, or Adjourned Special Meeting to a time and place specified in the motion of adjournment.

Any Regular, Adjourned Regular, Special, or Adjourned Special Meeting of the Council may be adjourned to a time and place specified in the order of the adjournment. Less than a quorum may so adjourn from time to time. If all the members of the Council are absent from a Regular or Adjourned Regular Meeting, the City Clerk or Deputy City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally or by mail to each member of the Council, the City Attorney, and to each local newspaper of general circulation and radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twentyfour (24) hours before the time of such meeting as set forth in the notice. A copy of the order or notice of an adjournment shall be conspicuously posted on or near the door of the place where the Regular, Adjourned Regular, Special, Adjourned Special Meeting was held within twenty-four (24) hours after the time of the adjournment.

When a Regular or Adjourned Regular Meeting is adjourned as provided in this section, the resulting Adjourned Regular Meeting shall be a Regular Meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the Adjourned Meeting is held, it shall be held at the hour specified for Regular Meetings by ordinance, resolution, law, or other rules.

Special Meetings
A Special Meeting of the City Council may be called at any time by the Mayor, Mayor Pro-Tem, or by a majority of the members of the Council by delivering personally or by mail a written notice to each member of the Council, the City Attorney, and to each local newspaper of general circulation and radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twentyfour (24) hours before the time of such meeting as set forth in the notice. The call and notice shall set forth the time and place of the Special Meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the City Clerk or Deputy City Clerk, a written waiver of the notice. Such waiver may be given by telephone or by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting as the time it convenes.

Emergency Meetings

1. In the case of an emergency situation involving matters upon which prompt

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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action is necessary due to the disruption or threatened disruption of public facilities, the legislative body may hold an Emergency Meeting without complying with either the 72-hour or 24-hour notice and posting requirements for Regular and Special Meetings, but shall otherwise comply with the Brown Act procedures generally stated below.

2. Each local newspaper of general circulation and radio or television station that has requested notice of Special Meetings pursuant to the Brown Act, shall be notified by the Mayor of the legislative body, or designee thereof, at least one hour prior to the Emergency Meeting, or in the case of a dire emergency, at or near the time that the Mayor or designee notifies the Council of the Emergency Meeting.

3. This notice shall be given by telephone call to the numbers provided in the most recent request for notification.

4. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the Emergency Meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.

5. During an Emergency Meeting, the legislative body may meet in closed session pursuant to the Brown Act if agreed to by a two-thirds vote of the members present, being not less than four votes of the Council.

6. All Special Meeting requirements in the Brown Act shall be applicable to an Emergency Meeting, with the exception of the 24-hour notice and posting requirement.

7. The minutes of an Emergency Meeting; a list of persons who the Mayor or designee of the Council, notified or attempted to notify; a copy of the roll call vote; and any actions taken at the meeting, shall be posted for a minimum of ten (10) days in a public place as soon after the meeting as possible.

Closed Sessions

1. Closed Sessions generally shall be conducted on the first and third Thursday of every month or during Special Meetings held immediately prior to Regular Meetings.

2. In accordance with the Brown Act, the public may speak regarding any Closed Session item prior to the Closed Session during the Citizen Comments portion of the agenda.

3. All Closed Session information, verbal or written, is privileged and confidential and shall not be shared with any person not at the Closed Session. Any Council Member sharing information in violation of this rule may be subject to censure by

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the Council consistent with the Council’s confidentiality policy then in effect.

4. The City Attorney shall report out in open session any reportable actions that were taken by Council and the vote on such actions in accordance with the Brown Act.

Public Hearings

1. The City Clerk shall set Public Hearing dates on all matters that require a notice and Public Hearing before the Council, such as matters received from the planning division and appeals to the Council.

2. Public Hearings will not be withdrawn or continued without the full knowledge and concurrence of the Council Members within whose districts/jurisdiction the issue resides.

3. The Council may refuse to grant a continuance of any Public Hearing unless there is a valid legal reason why the Public Hearing must be continued.

4. Continuances.
a. Any person (applicant, appellant, or designated representative) scheduled for a Public Hearing before the Council:
(i) may obtain one continuance for a period not to exceed the second Regular Meeting after the original scheduled Public Hearing date, as a matter of right, without personally appearing before the Council on the scheduled hearing date, provided a written request for the continuance must be delivered to the City Clerk by noon on the day prior to the scheduled Public Hearing. Any person, who has once obtained a continuance by any procedure, may not obtain a subsequent continuance by notifying the City Clerk as provided in this Rule 6.F.a(i).
(ii) who wants to obtain a continuance of the Public Hearing beyond the second Regular Meeting after the original scheduled Public Hearing date, or has not notified the City Clerk as provided in Rule 6.F.4.a(i), may obtain a continuance only by appearing before the Council at the time the original Public Hearing is scheduled and requesting a continuance. This continuance is not a matter of right and will not be granted unless the Council is satisfied that good cause exists for the continuance and that a substantial number of people will not be inconvenienced by such continuance.
(iii) who has once obtained a continuance of a Public Hearing either by notice to the City Clerk per Rule 6.F.4.a(i) or by personal appearance per Rule 6.F.4.a(ii), may obtain a further continuance only by appearing before the Council at the scheduled Public Hearing and satisfying the Council that extraordinary circumstances exist that

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would justify this second continuance.
(iv) who has twice obtained a continuance of a Public Hearing, may obtain an additional continuance only by appearing before the Council at the scheduled hearing and satisfying the Council that a miscarriage of justice would result from the refusal of the Council to grant a continuance.
b. City Staff may request and upon Council’s approval obtain a continuance based on the need of the originating department or on behalf of a Council Member.

Department staff may request, via the City Clerk, as many continuances as needed to complete and ready the project or appeal for the Public Hearing process; however, Staff may not serve as a requestor on behalf of an applicant or appellant.
c. Any organized group of residents or neighborhood associations, not recognized as an applicant or appellant, may contact their Council Member and request a continuance as needed to complete and ready the project or appeal for the hearing process. The Council Member, in his or her sole discretion, may request the Council approve the continuance for good cause. d. At the meeting when the Public Hearing is scheduled, but before the hearing starts, any Council Member may request the Council approve a continuance. e. Disputes regarding the length of a continuance will be decided by the Council at the scheduled hearing if City Staff or the City Clerk cannot obtain mutual agreement between the parties beforehand.

MEETING AGENDAS
Requirements for Agenda Item Submission

1. The City Manager and City Clerk shall develop the agenda for Council Meetings in consultation with the Mayor and Mayor Pro-Tem.

2. Council Members may submit items for inclusion on a future agenda by submitting the request via email within ten (10) days of the next finalized agenda via email or written notice.

3. Council Members may submit staff reports or descriptions of oral reports to the City Clerk and or the City Manager for placement on the agenda.

4. Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the City Clerk for placement on the agenda.

5. Outside agencies may submit agenda items in accordance with the following:

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a. Items from outside agencies must be sponsored for agenda placement by Council Members or department Staff; and
b. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.

6. All Items placed on a City Council agenda, including all exhibits and attachments, shall be reviewed and approved by the City Attorney prior to finalizing the agenda.

Declaration of Policy

1. No ordinance, resolution, motion, or item of business shall be introduced or acted upon at a meeting of a legislative body of the City without it appearing on a duly noticed and posted agenda in accordance with the Brown Act. Exceptions to this rule are limited to those provided by state law.

2. No ordinance, resolution, motion, or item of business will be considered that:
a. does not affect the conduct of the business of the City of Coalinga or its powers or duties as a municipal corporation, or
b. supports or disapproves of any legislation or action (i) of the State of California;
(ii) of the Congress of the United States; or
(iii) before any officer or agency of the state or nation, unless the proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers or duties of the City of Coalinga or its officers or employees.
c. Rule 7.B.2 may be invoked only before Public Comment or Council deliberation on the matter and by three affirmative votes on the question: “Shall the Council consider this matter?”
Procedures for Submission of Reports

1. A written staff report should be prepared and submitted for agenda review in accordance with the agenda review procedure.

2. Staff reports shall include a section reflecting review by the City Attorney as appropriate.

3. “Continued” items do not require a new staff report if there are no changes other than the agenda date. If there is any other change, a new staff report meeting all applicable requirements must be submitted.

4. Staff reports shall contain the name of the staff member or department head putting the item on the agenda.

5. Staff reports shall include any fiscal information as it relates to the City budget or

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spending or saving money.

Written Communications from the City and the Public

1. The City Clerk, City Manager, and or City Attorney shall manage communications to Council Members regarding meeting topics to ensure compliance with the Brown Act.
a. Except for records exempt from disclosure under the California Public Records Act and otherwise by law, agendas or any other writings distributed to all or a majority of the Council Members for discussion or consideration at a Public Meeting are disclosable to the public, and shall be made available upon request without delay.
b. Materials distributed to the Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.

2. Interested parties or their authorized representatives may address the Council by written communications regarding anything within the jurisdiction of the City.

Citizen Comments submitted in writing to the City Clerk by 5:00pm on the day of the City Council meeting shall be distributed to the City Council and included in the record, however they will not be read..
a. Written communications received by the City Clerk prior to posting of the agenda will be included in the agenda packet material. Written communications received by the City Clerk after that deadline will be delivered to the Council Members at the Council Meeting if related to an item on the meeting agenda. b. Documents (10 copies recommended) that members of the public submit to the City Council at the meeting shall be given directly to the City Clerk for distribution and shall not be given directly to the Council. The documents will be made available to the public.

Preparation of the Agenda Packet

1. No later than 6:00 p.m. on the Monday prior to each regularly scheduled meeting, the City Clerk shall finalize the agenda packet.

2. Agenda Packet Contents.
a. The agenda packet shall include the agenda, the staff reports, draft resolutions and ordinances, contract, and other attachments. Items noted as “To Be Delivered” on the agenda will be delivered prior to the start of the Council Meeting and published to the City’s website no later than the following day. No item shall be required to be considered by the Council if the applicable written material is not delivered to the Council before the agenda item is discussed and

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made available to the public at the same time.
b. Corrections or supplements to a staff report or other written materials already included in the agenda packet may be delivered separately. c. All agreements on the agenda shall be available for review by the Council and the Public prior to the meeting, or at the meeting location during the meeting, unless determined otherwise by the City Attorney.

Distribution of the Packet

1. The City Clerk shall distribute the agenda packet to the Council Members and persons requesting copies of the agenda packet no later than Monday at 6:00 p.m. prior to the regularly scheduled meeting.

2. Paper or electronic copies of the agenda packet shall be available for the news media and other such organizations, agencies, institutions, or persons who so subscribe.

Posting of Agenda

1. The City Clerk shall post the agenda of each Regular or Adjourned Regular Meetings of the legislative body at least 72 hours in advance of the meeting in a location that is freely accessible to members of the public as required by the Brown Act.

2. The City Clerk shall maintain an affidavit indicating the location, date, and time of posting each agenda.

3. Agendas will generally be published to the City’s website by the end of business on the Monday before Regular Meetings.

4. Staff reports including attachments, exhibits, and agreements will generally be published to the City’s website by end of business on the Monday before Regular Meetings.

5. If technical difficulties occur, the agenda and reports will be published on the City’s website as soon as those difficulties are resolved.

Failure to Meet Agenda Deadlines

1. The City Clerk shall not, without the consent of the City Manager or City Attorney, accept any agenda item or revised agenda item after the deadlines established and noted in these Rules.

Exceptions to the Agenda Requirement

1. Matters not included on the published agenda may be discussed and acted upon by the legislative body only in the following situations:
a. at a meeting during which a majority of the Council Members determine in open

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session that the matter in question constitutes an “emergency"; or b. Upon a determination by two-thirds of the Council Members, or if less than twothirds are present by unanimous vote of the Council Members present, that:
(i) there is a need to take immediate action; and
(ii) the need for action came to the attention of the City after the agenda had been posted; or
c. the item was posted for a prior meeting occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

Types of Agenda Items

1. Closed Sessions – confidential discussions with the legislative body as permitted by the Brown Act.

2. Ceremonial Matters – the presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative body action.

3. Administrative Matters – consent items making clerical corrections to previous legislative documents and to ensure accurate legislative history.

4. Consent Calendar – considered one item, consisting of informational items, matters routine in nature or only requiring a yes or no response without formal discussion and not likely to be subject to debate or inquiry by the Council Members or the public; typically adopted in one motion.

5. Public Hearings – duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

6. New Business – non-routine items requiring an oral presentation and discussion before action is taken.

7. Information Items – items when staff is required by federal or state law or city code to inform Council of an issue when authority has been delegated to a person, position, board, or commission.

8. Public Comment – oral communications from the public regarding matters within the subject matter jurisdiction of the City.

9. City Council Reports and Requests:
a. Brief oral or written reports summarizing meeting or conference attendance at City expense, as required by AB 12349;
b. Requests that City Manager or Staff report on various issues; c. Requests to place items on a future Council Meeting agenda must be approved (consensus by Council must be received);

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d. Reports on district and citywide activities or news.

Ordinances and Non-Binding Resolutions

1. Ordinances on the agenda may be passed for publication or adopted in accordance with established procedures.

2. Ordinance changes during the review and adoption process. a. The text of an ordinance receiving the necessary votes to bring the matter to Council shall be the text that is included in the published agenda as pass-forpublication. b. The text of an ordinance passed for publication shall be the text that is included in the published agenda for the meeting at which the adoption of the ordinance is discussed.
c. Notwithstanding subsections a, b, and c, typographical and clerical errors may be corrected at any time during the ordinance review and adoption process. d. If a Staff Member intends to make a substantive (i.e., anything not typographical or clerical) change to an ordinance after it is included in a published agenda, at or before the time the ordinance adoption item is called on the agenda the Staff Member shall distribute sufficient written copies of the proposed change so that all other members, the Council Members, relevant City Staff, and the public audience have copies.
e. Consideration of a proposed substantive change from the ordinance text that was included in the published agenda shall be continued until the next Regular Council Meeting unless another meeting date is approved by Council. f. If the Council’s motion to adopt an ordinance includes a change to the ordinance text from that published in the agenda, prior to the vote the City Attorney or City Clerk shall repeat verbatim the proposed change or otherwise indicate the change is reflected in the circulated written copy of the change.

CONDUCT OF MEETING
Call to Order – Mayor

1. The Mayor, or in the Mayor’s absence the Mayor Pro-Tem, shall take the chair at the hour appointed for the meeting and shall immediately call the meeting of the Council to order.

2. In the absence of the Mayor and Mayor Pro-Tem, the City Clerk shall call the meeting to order and a Mayor Pro-Tempore shall be appointed from the members present.

3. Upon the arrival of the Mayor, the Mayor Pro-Tem or Mayor Pro-Tempore shall immediately relinquish the chair at the conclusion of the business then before the

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Council.

4. Call to Order includes Pledge of Allegiance, Changes to the Agenda, and Council’s Approval of Agenda.

Roll Call / Attendance

1. A majority of the members of the Council then in office and present within the City limits of Coalinga shall constitute a quorum.

2. Before the Council proceeds with the business before it, the City Clerk shall call the role and note the Council Members present for the minutes. The late arrival of Council Members shall be entered into the minutes.

3. A Council Member shall be considered present at a meeting if the member either is physically in the Council Chambers or is participating in the meeting through teleconference in accordance with the Brown Act. Meeting attendance of Council Members through teleconference will be permitted on a case-by-case basis, determined by the majority of Council.

4. Council Members attending a council meeting through a teleconference are counted when determining a quorum.

5. Council Members must be physically present at the Council Chamber dais or teleconference location to vote. Proxy or absentee voting is not permitted.

Order of Discussion
The order of business is typically carried out as listed on the agenda or as set out below; however, the Mayor, Mayor Pro-Tem and or City Manager may request the items, unless Council Members object.

Council Members may request items be reordered by motion.

1. Awards, Presentations, Appointments and Proclamations. a. Ceremonial presentations, proclamations, or recognition shall be presented by Department Heads, City Manager, or the requesting Council Member.

2. Citizen Comments will be held at the beginning of the meeting.

3. Public Hearings.
a. The order of Public Hearings will generally be as follows:
(i) Open Public Hearing
(ii) Staff comments, information, and reports, followed by Council Member questions.
(iii) Proponent, if applicable, speaks, followed by Council Member questions. (iv) Opponent, if applicable, speaks, followed by Council Member questions.

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(v) If the Public Hearing is on an appeal that does not require Council de novo review, then the appellant (opponent) speaks before the applicant (proponent) in accordance with the allotted time.
(vi) Public Comments.
(vii) If the Public Hearing is a de novo review appeal, the applicant speaks in rebuttal, but if not a de novo review appeal, the appellant speaks in rebuttal. (viii) Closure of Public Comment.
(ix) Further Council Member discussion.
(x) Motion to close Public Hearing and take action. See Rule 6.F regarding continuances.
b. The Mayor may direct speakers to avoid repetition in order to permit maximum information to be provided the Council within the time allotted to the hearing.

4. Consent Calendar
a. Consent Calendar items removed for discussion.
(i) Council Members or the City Manager may request that an item be removed from the Consent Calendar for separate consideration. (ii) Members of the Public wishing to have an item removed from the Consent Calendar for separate consideration may make a request to a Council Member or the City Manager prior to the beginning of council meeting. b. All matters remaining on the Consent Calendar shall be approved by a single action, such single action to have the legal effect of individual action on each matter.
c. If Consent Calendar items are removed, they shall be discussed immediately, public comment shall be heard from members of the public who completed comment cards and then items shall be voted on individually after adoption of the balance of the Consent Calendar.

5. Ordinance, Presentation, Discussion and Potential Action a. The order of discussion after introduction of an item by the Mayor will generally be as follows:
(i) Staff comments, information, and reports, followed by questions from the Council Members.
(ii) Council Member discussion, comments from members of the public who completed comment cards, Council motion, and Council action. b. Once the item is placed before the Council for discussion, motion, or action, no member of Staff or the Public shall be allowed to address the Council without the consent of the Mayor or Council Members.

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6. Announcements
a. City Manager’s Announcements
b. Councilmember’s Announcements/Reports
c. Mayor’s Announcements

7. Future Agenda Items

8. Closed Session
a. Closed or Executive Session may be held as required for items as follows:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, legal counsel regarding pending litigation, and protection of records exempt from public disclosure.

9. Closed Session Report

10. Adjournment
Oral Communications from the Audience

1. As required by the Brown Act, a portion of each Council Meeting agenda will provide an opportunity for members of the Public to address the Council on any item within the jurisdiction of the City, including Closed Session, Consent Calendar and Discussion items.

2. In response to Citizen Comments, Council Members may individually:
a. ask questions for clarification;
b. request that Staff follow up with the Community Member; and c. request Staff, with consensus of Council, to place a matter of business on a future agenda as needed.

Quorum Call

1. During the course of the meeting, should the presiding officer note a quorum is lacking, the Mayor shall call this fact to the attention of the City Clerk.

2. The Mayor then shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the Mayor may declare a recess for a reasonable period of time in order to reestablish a quorum.

3. If no quorum is reestablished within a reasonable time, the Mayor shall adjourn the meeting.

Obtaining the Floor

1. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor shall recognize any Council Member

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who seeks the floor when appropriately entitled to do so.

2. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member and that Council Member may respond while the floor is still held by the member asking the question.

A Council Member may opt not to answer a question while another member has the floor.

Motions to Reconsider an Item

1. A motion to reconsider any action taken by Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by a member, and may be made at any time and have precedence construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council so long as the ability to make such motion meets the requirements of applicable law.

Tabled Items

1. If an item is tabled to a future City Council Meeting date, prior to placing the tabled item on the agenda, the City Clerk and/or City Manager will confirm with the originator of the item that the item should be placed back on the agenda.

Motions

1. Robert’s Rules of Order, a manual of parliamentary procedure shall be used for the management of motions.

Swearing in of New City Council Members

1. Newly elected City Council Members shall be sworn in during a Special City Council Meeting beginning at 5:00pm on the first Thursday of January following an election, when possible.

Selecting a Mayor and Mayor Pro Tem

1. The Mayor and Mayor Pro-Tem positions are selected by a majority of the Council at any new Council term, or at any time a reorganization is called for and approved by a majority of the Council. Members eligible for those positions must have served on the Council at least one year in any term on the Council. Members without one year of Council experience are ineligible.

Council Salary

1. Councilmembers are paid a salary in accordance with Sec. 2-103. Payment of the City of Coalinga Municipal Code.

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Review

1. The Council Rules of Procedure will be reviewed annually by the Coalinga City Council on or about each February.

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Direct City Manager to Reclassify Part-Time Animal Control Officer Position to Full-Time
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

This item was requested as a Future Agenda Item by Councilman Hedgecock. City Manager also recommends.

II. BACKGROUND:

We currently employ a part-time Animal Control who works 19 hours per week.

III. DISCUSSION:

This item Directs City Manager to Reclassify Part-Time Animal Control Officer Position to Full-Time.

IV. ALTERNATIVES:

Direct City Manager to Reclassify Part-Time Animal Control Officer Position to Full-Time (not recommended).

V. FISCAL IMPACT:

Approximately $28,000 from the City's General Fund, which is not budgeted.

ATTACHMENTS:

File Name Description
NoAttachments Available

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Authorize Assistant City Manager to Execute a Task Order with the City Engineer for Preliminary Engineering, Environmental Support, Right-Of-Way Engineering, and Construction Engineering Services for the Coalinga Perimeter Trail Interconnect Gregory North Trial Project. Funded Through Cycle 6 of the Active Transportation Grant Program (ATP)
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:

City Manager and Assistant City Manager recommend CouncilAuthorize Assistant City Manager to Execute a Task Order with the City Engineer for Preliminary Engineering, Environmental Support, Right-Of-Way Engineering, and Construction Engineering Services for the Coalinga Perimeter Trail Interconnect Gregory North Trial Project. Funded Through Cycle 6 of the Active Transportation Grant Program (ATP).

II. BACKGROUND:

In FY23, the City was awarded $2,016,000 in ATP Cycle 6 funds for the Coalinga Perimeter Trail Interconnect Gregory North Trial Project.

The project includes constructing approximately 2,011 linear feet of Class I trail; Installing an 149 linear feet of prefabricated bike/pedestrian bridge over Los Gatos Creek to include removaland disposal of existing bridge, removal of stream bed debris and abandoned oil field pipe, and bridge abutment excavation, grading and backfill; Relocating existing water and natural gas mains; Installing two ADA concrete curb ramps and sidewalks; Planting four shade trees and installing irrigation system; and Installing amenities to include lighting and a bench.

III. DISCUSSION:

The City Engineer proposes to provide Civil Engineering Design Services, Environmental and Right-of-Way Support & Construction Management Services in the amount of $247,500.00. This amount has been budget within the grant. There will be separate task orders from outside consultants for right-of-wat services as well as environmental. The City Engineer plays a supportive role during these phases of the project.

IV. ALTERNATIVES:

None at this time unless the councilchooses not to proceed with the project.

V. FISCAL IMPACT:

The total project cost was estimated at $2,016,000. The grant award was in the amount of $1,774,000. The City has matching funds of $242,000 of Measure C. The costs associated with engineering services are covered under the total grant award.

ATTACHMENTS:

File Name Description
3046_Work_Order_Construction_Engineering_ATP_6__Multi_Use_Trail_3N.pdf 3046 Work Order Construction EngineeringATP 6 Multi
Use Trail 3N
3046_Work_Order_Design_Engineering_ATP_6_Multi_Use_Trail_3N.pdf 3046 Work Order Design EngineeringATP 6 Multi Use
Trail 3N
3046_Work_Order_ENV_Engineering_ATP_6_Multi_Use_Trail_3N.pdf 3046 Work Order ENV EngineeringATP 6 Multi Use Trail
3N
3046_Work_Order_ROW_Engineering_ATP_6_Multi_Use_Trail_3N.pdf 3046 Work Order ROW EngineeringATP 6 Multi Use Trail
3N

PROFESSIONAL SERVICES WORK ORDER

CONSTRUCTION ENGINEERING
This agreement entered into the 18th day of January , 20 24 between City of Coalinga (hereinafter called the Client) and the Consultant Tri City Engineering (hereinafter called Consultant) for services in connection with the following project: ATP 6 Multi Use Trail – Segment 3 North. The Client and Consultant's rights, duties, and obligations hereunder will be performed in accordance with the terms and conditions of the Agreement for Professional Services between Client and Consultant dated October 26, 2021 which is fully incorporated herein by reference.

I. Scope of Services. The Consultant's services will consist of the following:
• Construction Coordination; Coordinate administrative, inspection, quality assurance, materials testing activities. Coordinate Contractors pre-construction meeting, project site meetings, punch list, project closeout activities, Staff Report to Council authorizing Notice of Completion/Project Acceptance filing. Coordinate Response to Contractors Request for Information, Construction Clarifications and Project Inspectors Request for Information, Supervise Contractor Construction Site Meetings.
• Product Submittals; review contractor product submittals for compliance with the Project Plans and Specifications.
• Labor Compliance: Perform labor compliance task, including verifying Certified Payrolls, Subcontractor Utilization and Labor Interviews.
• Progress Reports: Review daily progress reports addressing progress of the work, the project schedule to include City Public Works Inspectors provided daily photographs documenting the progress of the work.
• Contract Change Orders: Prepare Change Orders in compliance with the plans and specifications for City of Coalinga approval.
• Progress Payments: Review contractor’s initial schedule of values. Reconcile and document items of work in compliance with the plans and specifications; Review monthly progress payments for compliance with Federal funding and City of Coalinga funding procedures for City approval.

Maintain Funding reporting compliance in accordance with Caltrans Local Assistance Program Guidelines, Close Out Package and processing reimbursements through Caltrans.

II. Additional Services. Any services not specifically provided for under Section I above shall be Additional Services. Only if mutually agreed to in writing by client or consultant shall consultant perform such additional services.

III. Consultant's Compensation. In consideration for Consultant providing the services noted above, the Client agrees to compensate the Consultant as follows:
$61,000.00
Sub-Consultant provided Soils Engineering. R-Value/Compaction Testing Fee:
$7,500.00
Retainer. The Client shall make an initial payment of -0- dollars ($0.00) (retainer) upon execution of this Agreement. This retainer shall be held by the Consultant and applied against final invoices.

Payment Due. Invoices shall be submitted by the Consultant monthly, are due upon presentation, and shall be considered past due if not paid within ten (10) calendar days of the due date.

Interest. If payment in full is not received by the Consultant within 30 calendar days of the due date, invoices shall bear interest at one-and-one-half (1.5) percent of the PAST DUE amount per month, which shall be calculated from the invoice due date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal.

Collection Costs. If the Client fails to make payments when due and the Consultant incurs any costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs incurred shall immediately become due and payable to the Consultant. Collection costs shall include, without limitation, legal fees, and expenses, court costs, collection bonds and reasonable Consultant staff costs at standard billing rates for the Consultant’s time spent in efforts to collect.

This obligation of the Client to pay the Consultant’s collection costs shall survive the term of this agreement or any earlier termination by either party.

Set-offs, Back charges, Discounts. Payment of invoices shall not be subject to any discount or set-offs by the Client, unless agreed to in writing by the Consultant. Payment to the Consultant for services rendered and expenses incurred shall be due and payable regardless of any subsequent suspension or termination of this Agreement by either party.

In witness thereof, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the day and year first above written.

Consultant: By Client: By
Signature Signature
Name: Daniel E. Jauregui Name: Sean Brewer
For: Tri City Engineering For: City of Coalinga
Title: President Title: Assistant City Manager
Address: 4630 W Jennifer Ave #101 Address: 155 W. Durian Ave Fresno, CA 93722 Coalinga, CA 93210
Reference: 3046CE

PROFESSIONAL SERVICES WORK ORDER

DESIGN ENGINEERING
This agreement entered into the 18th day of January , 20 24 between City of Coalinga (hereinafter called the Client) and the Consultant Tri City Engineering (hereinafter called Consultant) for services in connection with the following project: ATP 6 Multi Use Trail – Segment 3 North. The Client and Consultant's rights, duties, and obligations hereunder will be performed in accordance with the terms and conditions of the Agreement for Professional Services between Client and Consultant dated October 26, 2021 which is fully incorporated herein by reference.

I. Scope of Services. The Consultant's services will consist of the following:
• Develop final design and analysis for City staff review; includes Multi Use Trail construction impacts on Existing utilities along Segment 3 North across Los Gatos Creek via new truss bridge to Phelps Avenue, City Staff meetings to review design, issues and costs. • Prepare 1 set of Multi-Trail Improvement Plans; includes design engineering and final working drawings of Multi Use Trail Segment 3 North, from railroad corridor Segment 2 across Los Gatos Creek to Phelps Avenue, Prefabricated Pedestrian Truss Bridge and installation, existing Trestle Bridge removal and disposal, public water and natural gas relocation, trail lighting, focused trail landscape and irrigation, trail striping and signage.
• State Water Resources Control Board General Permit; includes preparation of NPDES General Permit (NOI), Rainfall Erosivity Waiver, Contractor Compliance. • Prepare Bidding Documents and Final Engineers Cost Estimate for New Multi-Trail Improvements and Release for Bidding; includes specifications, addendums, public advertising of project.
• Provide Project Management during bidding process including “Request for Information” through advertisement period. Supervise Contractor Bid opening and develop Contractor bids spread sheet summary for City Manager review. Prepare draft staff report for City Council Public Hearing and assist City Manager with award of bid.
• Topographic Field Survey; includes; topographic field survey of project limits, survey data reduction and calculations, Topographic Survey Base Map layout and preparation. • Federal Compliance: Federal Authorizations; Preliminary Engineering certification, Construction Award Package certification, processing reimbursements through Caltrans, Maintain Funding reporting compliance in accordance with Caltrans Local Assistance Program Guidelines.

III. Consultant's Compensation. In consideration for Consultant providing the services noted above, the Client agrees to compensate the Consultant as follows:
$103,000.00
Retainer. The Client shall make an initial payment of -0- dollars ($0.00) (retainer) upon execution of this Agreement. This retainer shall be held by the Consultant and applied against final invoices.

Payment Due. Invoices shall be submitted by the Consultant monthly, are due upon presentation, and shall be considered past due if not paid within ten (10) calendar days of the due date.

This obligation of the Client to pay the Consultant’s collection costs shall survive the term of this agreement or any earlier termination by either party.

In witness thereof, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the day and year first above written.

PROFESSIONAL SERVICES WORK ORDER

ENVIRONMENTAL ENGINEERING
This agreement entered into the 18th day of January , 20 24 between City of Coalinga (hereinafter called the Client) and the Consultant Tri City Engineering (hereinafter called Consultant) for services in connection with the following project: ATP 6 Multi Use Trail – Segment 3 North. The Client and Consultant's rights, duties, and obligations hereunder will be performed in accordance with the terms and conditions of the Agreement for Professional Services between Client and Consultant dated October 26, 2021 which is fully incorporated herein by reference.

I. Scope of Services. The Consultant's services will consist of the following:
• Environmental Certification Engineering Assistance: Consultant will prepare Project Initiation Documents of preliminary environmental scoping for use by the Environmental Consultant needed to conduct the subsequent environmental studies and prepare the environmental document during the Project Approval and Environmental Document (PA&ED) phase.

III. Consultant's Compensation. In consideration for Consultant providing the services noted above, the Client agrees to compensate the Consultant as follows:

Environmental Certification Engineering Assistance:
$ 40,000.00
Retainer. The Client shall make an initial payment of -0- dollars ($0.00) (retainer) upon execution of this Agreement. This retainer shall be held by the Consultant and applied against final invoices.

Payment Due. Invoices shall be submitted by the Consultant monthly, are due upon presentation, and shall be considered past due if not paid within ten (10) calendar days of the due date.

This obligation of the Client to pay the Consultant’s collection costs shall survive the term of this agreement or any earlier termination by either party.

In witness thereof, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the day and year first above written.

PROFESSIONAL SERVICES WORK ORDER

RIGHT-OF-WAY ENGINEERING
This agreement entered into the 18th day of January , 20 24 between City of Coalinga (hereinafter called the Client) and the Consultant Tri City Engineering (hereinafter called Consultant) for services in connection with the following project: ATP 6 Multi Use Trail – Segment 3 North. The Client and Consultant's rights, duties, and obligations hereunder will be performed in accordance with the terms and conditions of the Agreement for Professional Services between Client and Consultant dated October 26, 2021 which is fully incorporated herein by reference.

I. Scope of Services. The Consultant's services will consist of the following:
• Right-of Way Certification Engineering Assistance: Consultant will assist the City's Assistant City Manager and Consulting Real Property Appraiser to coordinate the entire acquisition process which shall include coordinating assistance with Caltrans “Right-ofWay” Division and acquiring Caltrans “Right-of-Way Certification. Providing Consulting Appraiser with legal descriptions and plats necessary to acquire two (2) Multi Use Trail easements.

III. Consultant's Compensation. In consideration for Consultant providing the services noted above, the Client agrees to compensate the Consultant as follows:

Right of Way Certification Engineering Assistance:
$ 36,000.00
Retainer. The Client shall make an initial payment of -0- dollars ($0.00) (retainer) upon execution of this Agreement. This retainer shall be held by the Consultant and applied against final invoices.

Payment Due. Invoices shall be submitted by the Consultant monthly, are due upon presentation, and shall be considered past due if not paid within ten (10) calendar days of the due date.

This obligation of the Client to pay the Consultant’s collection costs shall survive the term of this agreement or any earlier termination by either party.

In witness thereof, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the day and year first above written.

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve Animal Shelter Services Agreement between Gimme Love and City of Coalinga
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

City Manager recommends CouncilApprove Animal Shelter Services Agreement between Gimme Love and City of Coalinga.

II. BACKGROUND:

The City of Coalinga and Gimme Love have tentatively agreed on the terms outlined in the attached Agreement.

III. DISCUSSION:

Animal Shelter Services Agreement between Gimme Love and City of Coalinga attached.

IV. ALTERNATIVES:

Do not approve (not recommended)
V. FISCAL IMPACT:

Approximately $48,400 from the City's General Fund for the first year with an anticipated increase each July 1 based on CPI.

ATTACHMENTS:

File Name Description
GIMMELOVE_SHELTERSERVICE011824.pdf GimmeLoveAgreement_011824

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve RenewalAgreement with Fresno City College for Instructional Services Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Greg DuPuis, Fire Chief
I. RECOMMENDATION:

Fire Chief recommends City Councilapprove the contract renewal between City of Coalinga and Fresno City College for the purposes of instructional services reimbursement and authorize the City Manager to sign the contract on behalf of the City.

II. BACKGROUND:

Initially starting in the 1980s, this program is intended to assist both Fresno City College and the Fire Department with providing quality training to full-time staff while receiving reimbursement from FCC for those hours. Through processes with the State Center Community College District, FCC has an established ‘cap’ on student enrollment. In years prior to the recession student enrollment was lower than the cap, therefore this contract was to help facilitate their enrollment requirements from the State. When this cap was met, FCC would receive funding from the State. To help enhance enrollment numbers, this contract was developed to enroll full-time firefighters into FCC and provide documented training hours to FCC. In turn, FCC would reimburse the Fire Department a portion of those received funds for their training hours. The Fire Department participated in this program until 2015. The Fire Chief re-enrolled in this program in 2021 and is recommending to renew the contract and continue the program.

III. DISCUSSION:

The proposed contract with Fresno City College (FCC) is a renewal to enter into a three year agreement where the Fire Department agrees to submit documented training hours done by full-time staff to FCC to help satisfy the colleges’ full-time enrolled student requirements to the State. In turn, FCC will reimburse the Fire Department for those documented training hours. In consideration of the services provided, FCC shall pay the CFD 60% of the state base appointment earned due to eligible instructional Full-Time Equivalent Student (FTES) hours (see Appendix B). Above hours shall not exceed 50,000 Student Instructional Hours per academic year.

To date, The Fire Department has received approximately $22,000 by participating in this program. The revenue received has gone back into the training budget and has allowed the Fire Department to buy training supplies, equipment and education materials.

IV. ALTERNATIVES:

1. Do not accept the renewalcontract in which case the Department willcontinue to seek other avenues for funding training programs.

V. FISCAL IMPACT:

Per the contract, Fresno City College agrees to reimburse eligible training hours up to 50,000 hours per academic year. The revenue received will fluctuate based on number of enrolled students and documented training hours. See Appendix B for examples.

ATTACHMENTS:

File Name Description
COALINGA_FIRE_Master_ISA_Agreement_0501_2024_0430_2029.pdf ISA renewal Page | 1

INSTRUCTIONAL SERVICE AGREEMENT

FRESNO CITY COLLEGE & COALINGA FIRE DEPARTMENT
This Agreement is made and entered into between Fresno City College (FCC), a college of the State Center Community College District (SCCCD), and COALINGA FIRE DEPARTMENT (CFD), together known as “the par�es”.

WITNESSETH
WHEREAS, FCC is authorized by the California Educa�on Code (“Educa�on Code”) and Title 5 of the California Code of Regula�ons (“Title 5”), to conduct Contract Instruc�on, Assessment and Counseling Services to serve community needs; and
WHEREAS, CFD desires to contract with FCC to provide educa�onal services to its in-service personnel as set forth herein; and
WHEREAS, the par�es mutually desire coopera�on of the par�es to provide quality instruc�on and training to meet community needs, as set forth herein.

AGREEMENT
NOW, THEREFORE, in considera�on of the foregoing and of the covenants, condi�ons, and promises hereina�er contained to be kept and performed by the respec�ve par�es, FCC and CFD mutually agree as follows:

Sec�on 1. RESPONSIBILITIES OF FCC
a. FCC shall offer approved courses to meet educa�onal needs and requirements of the CFD in-service personnel (all class par�cipants are in-service personnel and shall herea�er be referred to as “students”). Such courses shall be approved by CFD.
b. FCC shall provide a faculty coordinator to work with CFD. Said faculty coordinator shall act as the CFD co-instructor for all FCC affiliated educa�onal courses. Under no circumstances, however, shall the faculty coordinator have authority over the remaining opera�ons of CFD, including but not limited to, personnel issues concerning CFD employees, opera�onal budget, or the use, maintenance, or scheduling of CFD facili�es. c. FCC and CFD will mutually ensure ancillary and support services are provided for the students (e.g. Counseling, Guidance, & Placement Assistance).
d. FCC shall assist CFD in registra�on and other support services to students to adequately manage and control the college’s course offerings.
e. FCC shall approve selec�on of instructors and evaluate the quality of instruc�on to ensure that it meets the needs of the students and the accredita�on requirements of FCC. FCC shall have the primary right to control and direct the instruc�onal ac�vi�es of all instructors.
f. FCC shall ensure that course offerings meet all appropriate requirements of the Educa�on Code and Title 5. g. FCC shall consult CFD on any revisions to exis�ng FCC courses designed for the CFD program, ini�a�on of new courses, or any other changes, to ensure the quality of educa�onal services and to meet the needs of CFD.

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h. FCC shall provide the use of its facili�es and equipment free of charge for use by the CFD, on an as-needed, space available basis for Instruc�onal Service Agreement (ISA) partner programs. FCC shall atempt to provide use of said facili�es and equipment during normal business hours.
i. FCC shall demonstrate control and direc�on through such ac�ons as: providing the instructor of record an orienta�on, instructor's manual, Title 5 course outlines, curriculum materials, tes�ng and grading procedures and any other materials and services it would provide its adjunct instructors on campus. j. By signing this Agreement, FCC cer�fies it does not receive full compensa�on for direct educa�on costs of the course from any public or private agency, individual or group. k. FCC has the primary right and responsibility to control and direct the ac�vi�es of the instructors furnished by CFD while they are performing services under the term of this Agreement.

Sec�on 2. RESPONSIBILITIES OF CFD
a. CFD shall provide classroom space for use as off-campus sites by FCC, free of charge for Instruc�onal Service Agreement (ISA) courses.
b. CFD shall provide instructors, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct FCC's ISA courses.
c. CFD shall cooperate with FCC to ensure all personnel, equipment, and materials used in carrying out its responsibili�es under this Agreement conform to Educa�on Code and Title 5 mandated standards governing instruc�onal programs, including minimum qualifica�ons for instructors. d. CFD shall use the money received as compensa�on for services under this Agreement for educa�onal and training related purposes as they relate to public safety training programs. e. A tui�on fee of $46/unit for all CFD members enrolled in ISA courses shall be deducted from the gross revenue amount.
f. An off-site health fee of $13 per semester will be waived if students are covered by workers’ compensa�on insurance through their employment with CFD. If CFD fails to provide evidence of workers’ compensa�on coverage, then the offsite health fee will be deducted from the gross revenue for all registered CFD members. CFD affirms that their workers’ compensa�on coverage is current, ac�ve, and will be maintained throughout the term of this agreement. Prior to the commencement of each annual term of this agreement, CFD shall deliver to the District Representa�ve a Cer�ficate of Insurance evidence of workers’ compensa�on coverage.
g. Records of student atendance and registra�on shall be submited by CFD to FCC regularly and then maintained by FCC. Records will always be open for review by officials of the college and submited on a schedule developed by FCC, no later than July 1st annually (see Appendix A).
h. By signing this Agreement, CFD cer�fies the training facility is open to the public and the instruc�onal ac�vi�es agreed upon herein will not be fully funded by other sources.

Sec�on 3. PAYMENT FOR SERVICES
a. In considera�on of the services provided herein, FCC shall pay CFD 60% each academic year (July 1st through June 30th) of the state appor�onment earned due to eligible instruc�onal Full-Time Equivalent Student (FTES) hours (see Appendix B).
b. Above hours shall not exceed 50,000 Student Instruc�onal Hours (contact hours) per academic year during academic years when the California Community College Chancellor’s Office (CCCCO) implements appor�onment caps for its Page | 3
colleges. No�ce will be provided to CFD no later than October 30th annually if CCCCO appor�onment caps are in place for the upcoming academic year.
c. CFD shall submit to FCC an invoice for all mutually agreed upon instruc�onal FTES hours provided under this Agreement. FCC shall pay CFD the agreed contract price within the agreed upon �meline for the fiscal year, to be established by no later than July 1st annually (see Appendix C). Any adjustments to the fiscal year �meline must be presented a minimum of forty-five (45) days prior to the end of any given course sec�on. d. Instruc�onal FTES hours are defined as those hours reported on SCCCD's CCFS-320 Report, California Community Colleges Appor�onment Atendance Reports, which are subject to audit by SCCCD's independent auditor and the California Community Colleges Chancellor's Office.

Sec�on 4. INDEMNIFICATION
a. FCC agrees to indemnify, save, hold harmless, and at CFD’S request, defend CFD, its officers, agents, and employees from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to CFD in connec�on with the performance, or failure to perform, by FCC, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to any person, firm, or corpora�on who may be injured or damaged by the performance, or failure to perform, of FCC, its officers, agents, or employees under this Agreement.
b. CFD agrees to indemnify, save, hold harmless, and at FCC’S request, defend the FCC, its officers, agents, and employees from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to FCC in connec�on with the performance, or failure to perform, by CFD, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to any person, firm, or corpora�on who may be injured or damaged by the performance, or failure to perform, of CFD, its officers, agents, or employees under this Agreement.
c. In the event of concurrent negligence on the part of FCC or any of its officers, officials, employees, agents or volunteers, and CFD or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and ac�ons in law or equity for such losses, fines, penal�es, forfeitures, costs and damages shall be appor�oned under the State of California's theory of compara�ve negligence as presently established or as may be modified herea�er.
d. This sec�on shall survive expira�on or termina�on of this Agreement.

Sec�on 5. INDEPENDENT CONTRACTOR
a. In performance of the work, du�es, and obliga�ons assumed by FCC under this Agreement, it is mutually understood and agreed that FCC, including all of FCC's officers, agents, and employees will always be ac�ng and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of CFD. Furthermore, CFD shall have no right to control or supervise or direct the manner or method by which FCC shall perform its work and func�on. However, CFD shall retain the right to administer this Agreement to verify that FCC is performing its obliga�ons in accordance with the terms and condi�ons thereof. b. FCC and CFD shall comply with all applicable provisions of law and the rules and regula�ons, if any, of governmental authori�es having jurisdic�on over maters subject thereof. c. Because of its status as an independent contractor, FCC shall have no right to employment rights and benefits available to CFD employees. FCC shall be solely liable and responsible for providing to, or on behalf of, its employees with all legally required employee benefits. In addi�on, FCC shall be solely responsible and save CFD harmless from all maters rela�ng to payment of FCC's employees, including compliance with Social Security withholding and all other regula�ons Page | 4
governing such maters. It is acknowledged that during the term of this Agreement, FCC may be providing services to others unrelated to CFD or to this Agreement.

Sec�on 6. INSURANCE
a. Each party shall insure its ac�vi�es in connec�on with this Agreement and always maintain insurance with coverage and limit amounts reasonably necessary to protect itself against injuries and damages arising from the acts or omissions caused by each party, their respec�ve Boards, officers, employees, and agents in the performance of this Agreement.

This insurance requirement may be sa�sfied through a program of self-insurance, or insurance coverage afforded to public en��es through a Joint Powers Authority (JPA) risk pool. b. Without limi�ng the CFD’S right to obtain indemnifica�on from FCC or any third par�es, FCC, at its sole expense, shall maintain in full force and effect, the following insurance policies, or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:

I. Commercial General Liability - Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. CFD may require specific coverage including completed opera�ons, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability, or any other liability insurance deemed necessary because of the nature of this Agreement.

II. Automobile Liability - Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damage. Coverage should include any auto used in connec�on with this Agreement.

III. Professional Liability - If FCC employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. FCC agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years following the termina�on of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein.

IV. Worker's Compensa�on - A policy of Worker's Compensa�on insurance as may be required by the California Labor Code.

V. Molesta�on - Sexual abuse / molesta�on liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall be issued on a per occurrence basis.
c. Addi�onal Requirements Rela�ng to Insurance
FCC shall obtain endorsements to the Commercial General Liability insurance naming the CFD, its officers, agents, and employees, individually and collec�vely, as addi�onal insured, but only insofar as the opera�ons under this Agreement are concerned. Such coverage for addi�onal insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by CFD, its officers, agents, and employees shall be excess only and not contribu�ng with insurance provided under FCC's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days’ advance writen no�ce given to CFD.

FCC hereby waives its right to recover from CFD, its officers, agents, and employees any amounts paid by the policy of worker’s compensa�on insurance required by this Agreement. FCC is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subroga�on, but FCC’s waiver of subroga�on under this paragraph is effec�ve whether FCC obtains such an endorsement.

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Within thirty (30) days from the date FCC signs and executes this Agreement, FCC shall provide cer�ficates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the CFD, sta�ng that such insurance coverage have been obtained and are in full force; that the CFD, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the CFD, its officers, agents and employees, individually and collec�vely, as addi�onal insured, but only insofar as the opera�ons under this Agreement are concerned; that such coverage for addi�onal insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by CFD, its officers, agents and employees, shall be excess only and not contribu�ng with insurance provided under FCC's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, writen no�ce given to CFD.

In the event FCC fails to always keep in effect insurance coverage as herein provided, CFD may, in addi�on to other remedies it may have, suspend, or terminate this Agreement upon the occurrence of such an event.

All policies shall be issued by admited insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. ra�ng of A FSC VII or beter.

Sec�on 7. MISCELLANEOUS PROVISIONS
a. If any provisions of this Agreement are found to be, or become, contrary to applicable law or regula�ons, or court decisions, FCC and CFD agree that the Agreement shall be renego�ated as it relates to said provision, and the remainder of the Agreement shall remain in full force and effect. b. Term and Termina�on. The term of this Agreement shall start on May 1, 2024, or upon date of full execu�on of the agreement if it is a�er May 1, 2024, and terminate on April 30, 2029. Notwithstanding the foregoing, this Agreement may be terminated at any �me, with or without cause, upon written no�ce given to the other party at least thirty (30) days prior to the end of the term in which classes are currently in session. In the event of such termina�on, each party shall fully pay and discharge all obliga�ons accruing to the other party up to and including the date of termina�on.

Neither party shall incur any addi�onal liability to the other by reason of such termina�on. c. Either party hereto maintains the right to cancel services prior to the beginning of each course at no cost to either party to this Agreement.
d. Nondiscrimina�on. To the extent required by controlling federal, state and local law, the par�es shall not employ discriminatory prac�ces in the provision of services, course instruc�on, employment of personnel, or in any other respect on the basis of race, religious creed, color, na�onal origin, ancestry, physical disability, mental disability, medical condi�on, marital status, sex, age, sexual orienta�on, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
e. This Agreement supersedes all other agreements, oral or written, between the par�es hereto with respect to the use of the aforesaid facili�es or services and contains all covenants and agreements between the par�es with respect hereto. Each party to this Agreement acknowledges that no representa�ons, inducements, promises or agreements, oral or otherwise, have been made by any party, or by anyone ac�ng on behalf of any par�es, which are not embodied herein, and that no other agreement, statement, or promise not contained herein shall be valid or binding. Any modifica�on to this Agreement shall be effec�ve only if it is in wri�ng and signed by the CFD and FCC in the form of an Amendment to this Agreement.
f. Compliance with Law. In providing the services required under this Agreement, FCC shall always comply with all applicable laws of the United States, the State of California, the County of Fresno, and with all applicable regula�ons promulgated by federal, state, regional, or local administra�ve and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

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g. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdic�on. Venue for purposes of the filing of any ac�on regarding the enforcement or interpreta�on of this Agreement and any rights and du�es hereunder shall be Fresno, California. h. Cumula�ve Remedies. No remedy or elec�on hereunder shall be deemed exclusive but shall, wherever possible, be cumula�ve with all other remedies at law or in equity.
i. No Third-Party Beneficiaries. The rights, interests, du�es, and obliga�ons defined within this Agreement are intended for the specific par�es hereto as iden�fied in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third par�es.
j. Atorney's Fees. If either party is required to commence any proceeding or legal ac�on to enforce or interpret any term, covenant, or condi�on of this Agreement, the prevailing party in such proceeding or ac�on shall be en�tled to recover from the other party its reasonable atorney's fees and legal expenses. k. No�ce or correspondence required by this Agreement shall be delivered personally or by United States mail as follows:

Fresno City College, First Responder Campus City of Coalinga Fire Department Director Peter Cacossa Fire Chief Greg Dupuis
3300 East North Avenue 300 West Elm Avenue
Fresno, CA 93725 Coalinga, CA 93612
l. The specific course(s) covered under this Agreement are described in the atached Appendix D and are incorporated herein by this reference.
m. CFD shall provide FCC with a request to add exis�ng course(s) or sec�ons with a minimum of 45 days advanced no�ce to FCC prior to the class start date. Each addi�onal course of instruc�on shall require a writen agreement to offer the course signed by the agency signatory or his or her designee as well as the FCC Vice President of Instruc�on or designee. The course details must be set forth in wri�ng as with the course(s) listed in Appendix D and will become atachments to this Agreement.
n. Electronic Signatures: The par�es agree that this Agreement may be executed by electronic signature as provided in this sec�on. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwriten signature; or (3) an electronically scanned and transmited (for example, PDF document) of a handwriten signature.

Each electronic signature affixed or atached to this Agreement (1) is deemed equivalent to a valid original handwriten signature of the person signing this Agreement for all purposes, including but not limited to eviden�ary proof in any administra�ve or judicial proceeding, and (2) has the same force and effect as the valid original requirements of Civil Code sec�on 1633.5, subdivision (b), in the Uniform Electronic Transac�on Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with sec�on 1633.1). Each party using a digital signature represents that it has undertaken and sa�sfied the requirements of Government Code sec�on 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representa�on. This Agreement is not condi�oned upon the par�es conduc�ng the transac�ons under it by electronic means and either party may sign this Agreement with an original handwriten signature.
o. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall cons�tute one and the same Agreement, binding on the par�es according to its terms and condi�ons.

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IN WITNESS WHEREOF, the par�es hereto have executed this Agreement in Fresno, California to be effec�ve upon the date of full execu�on of the contract.

AGENCY NAME: COALINGA FIRE DEPARTMENT
AGENCY SIGNATORS:

NAME & TITLE:

DATE:

ATTEST:

NAME & TITLE:

DATE:

NAME & TITLE:

DATE:

APPROVED AS TO LEGAL FORM:

AGENCY NAME: Fresno City College, a college of the State Center Community College District AGENCY SIGNATORS:

NAME & TITLE:

DATE:

W. Andy Dunn, Interim Vice Chancellor of Finance and Administra�on ATTEST:

NAME & TITLE:

DATE:

Dr. Robert Pimentel, Fresno City College President
NAME & TITLE:

DATE:

APPROVED AS TO LEGAL FORM:

Kristen Corey, General Counsel, State Center Community College District Page | 8

APPENDIX A
Projected Student Atendance & Registra�on Records Schedule for 2024-2025

1. Training Hours & Student Applica�ons Agency Cut Off Date on the last Friday of each month:
a. Friday, July 26, 2024
b. Friday, August 30, 2024
c. Friday, September 27, 2024
d. Friday, October 25, 2024
e. Friday, November 29, 2024
f. Friday, December 27, 2024
g. Friday, January 31, 2025
h. Friday, February 28, 2025
i. Friday, March 28, 2025
j. Friday, April 25, 2025
k. Friday, May 30, 2025
l. Friday, June 27, 2025

2. Due date to FCC AJ or FIRET program staff is first Friday of the following month:
a. Friday, July 5, 2024
b. Friday, August 2, 2024
c. Friday, September 6, 2024
d. Friday, October 4, 2024
e. Friday, November 1, 2024
f. Friday, December 6, 2024
g. Friday, January 3, 2025
h. Friday, February 7, 2025
i. Friday, March 7, 2025
j. Friday, April 4, 2025
k. Friday, May 2, 2025
l. Friday, June 6, 2025

3. Deadlines for Any Final Student Applica�ons and Unresolved Academic and/or Financial Holds for the Sec�on:
a. Friday, May 24 or 31, 2024
b. Friday, November 22 or 29, 2024
c. Friday, May 23 or 30, 2025
A new schedule will be sent out every year no later than July 1st for all subsequent contract years, including 2025-2026, 2026-2027, 2027-2028, and 2028-2029.

Page | 9

APPENDIX B
FCC Payment Split with Agency
Fire Agencies - Payment is based on the number of FTES (Full-Time Equivalent Student) generated by the training hours submited. One FTES is equal to 525 contact hours, which are 50-minute hours. To calculate the number of FTES that the agency is paid for, we take the number of training hours and convert that into the number of contact hours (50-minute hours). We then divide that number by 525 to get the total number of FTES. The State of California pays an appor�onment rate per FTES. We split that with the agency 60/40.

Fire Agency Example:

Total Agency
Training Hours
Trainings Hours to
Contact Hours Contact Hours to FTES FTES to Appor�onment 1000 1000 x 60 / 50 = 1200 1200 / 525 = 2.28 2.28 x ($4840 x 60%) = $6,621.12 (gross revenue)
Fire agency students are awarded college units based on the number of training hours they complete. Units are calculated by conver�ng the training hours into contact hours, and the contact hours into units. There are 54 contact hours in one unit. Units are always rounded down.

Total Training Hours
to Contact Hours
Contact Hours to
Total Units Units to Registra�on Fees
Gross Revenue –
Registra�on Fees = Net
Revenue
100 x 60 / 50 = 120 120 / 54 = 2.22 rounded to

2.00 2.00 x $46.00 = $92.00 $6,621.12 - $92.00 =
$6,529.12
Police Agencies - Payment is based on the number of units completed by students taking ISA courses. Each ISA course has a unit value. Units are converted into contact hours, and contact hours are converted to FTES. One unit equals 54 contact hours, and there are 525 contact hours in one FTES.

Police Agency Example:

Total Agency
Training Units
Training Units to
Contact Hours Contact Hours to FTES FTES to Appor�onment 100 100 x 54 = 5400 5400 / 525 = 10.28 10.28 x ($4840 x 60%) = $29,853.12 (gross revenue)
Units to Registra�on Fees Gross Revenue – Registra�on Fees = Net Revenue 100 x $46.00 = $4,600 $29,853.12 - $4,600 = $25,253.12
The appor�onment amount changes annually and is based on the state budget. The amount is available on the California Community College Chancellor’s Office website.

Page | 10

APPENDIX C
Sec�on Schedules and Processing Timeframes for 2024-2025 and 2025-2026 AJ and FIRET:
• November 25, 2023-June 14, 2024 (All AJ & FIRET)
• May 25, 2024-December 13, 2024 (All AJ & FIRET)
• November 22, 2024-June 13, 2025 (All AJ & FIRET)
• May 23, 2025-December 12, 2025 (All AJ & FIRET)
• November 21, 2025-June 12, 2026 (All AJ & FIRET)
Paramedics ONLY:
• April 1, 2024-December 13, 2024 (FIRET-136 Only)
• March 31, 2025-December 12, 2025 (FIRET-136 Only)
• July 3, 2023-June 30, 2024 (Paramedic ONLY – Class 58) • January 2, 2024-December 31, 2024 (Paramedic ONLY – Class 59) • January 2, 2024-June 28, 2024 (Paramedic ONLY – Class 60) Projected Timelines for 2024-2025 Submission of Applica�ons and Hours, Registra�on and Grades, as well as 320 Reports, Invoicing, and Payments per sec�on
AJ & FIRET Sec�on Dates:

SUMMER 2024: 11/25/23-6/14/24
• Training Hours Cut Off for Agency: 5/24/24
• Training Hours Submited by Agency: 5/31/24
• Yellow Apps (ISA Sr. Program Specialist): 6/3/24-6/7/24 • Registra�ons (ISA Sr. Program Specialist): 6/10/24-6/12/24 • Posi�ve Atendance Forms (A&R): 6/13/24-6/14/24
• Grades & Atendance Entered (ISA Faculty Coordinator): 6/13/24-6/17/24 by noon • Due to DO: 6/28/24
• 320 Report Submited: 7/19/24
• A&R Send 320 Report to FCC Academy Director: 7/26/24
• FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 8/2/24 • Agency Submit Invoice to FCC Academy Director: 8/9/24 • FCC Sends Invoice for Payment: 8/16/24
• SCCCD Sends Check to Agency: 8/26/24-9/6/24
SPRING 2025: 5/25/24-12/13/24
• Training Hours Cut Off for Agency: 11/22/24
• Training Hours Submited by Agency: 11/29/24
• Yellow Apps (ISA Sr. Program Specialist): 12/2/24-12/6/24 • Registra�ons (ISA Sr. Program Specialist): 12/9/24-12/11/24 • Posi�ve Atendance Forms (A&R): 12/12/24-12/13/24
• Grades & Atendance Entered (ISA Faculty Coordinator): 12/13/24-12/16/24 by noon • Due to DO: 12/27/24
• 320 Report Submited: 1/17/25
• A&R Send 320 Report to FCC Academy Director: 1/24/25
• FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 1/31/25 • Agency Submit Invoice to FCC Academy Director: 2/7/25 • FCC Sends Invoice for Payment: 2/14/25
• SCCCD Sends Check to Agency: 2/17/25-2/28/25
Page | 11
APPENDIX C – CONTINUED
SUMMER 2025: 11/22/24-6/13/25
• Training Hours Cut Off for Agency: 5/23/25
• Training Hours Submited by Agency: 5/30/25
• Yellow Apps (ISA Sr. Program Specialist): 6/2/25-6/6/25 • Registra�ons (ISA Sr. Program Specialist): 6/9/25-6/11/25 • Posi�ve Atendance Forms (A&R): 6/12/25-6/13/25
• Grades & Atendance Entered (ISA Faculty Coordinator): 6/12/25-6/16/25 by noon • Due to DO: 6/27/25
• 320 Report Submited: 7/18/25
• A&R Send 320 Report to FCC Academy Director: 7/25/25
• FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 8/1/25 • Agency Submit Invoice to FCC Academy Director: 8/8/25 • FCC Sends Invoice for Payment: 8/15/25
• SCCCD Sends Check to Agency: 8/25/25-9/6/25
PARAMEDIC Sec�on Dates:
• Student Names & IDs from Agency: 10 business days prior to the start of the sec�on • Registra�ons (Sr. Program Specialist): 5 business days prior to the start of the sec�on • Training Hours Cut Off for Agency: Last day of the sec�on • Training Hours Submited by Agency: Last day of the sec�on • Posi�ve Atendance Forms (A&R): within 2 business days of the end of the sec�on • Grades & Atendance Entered (ISA Coordinator): within 3 business days of the end of the sec�on • 320 Report Submited: 7/19/24, 1/17/25, 7/18/25, or 1/16/26 • A&R Send 320 Report to FCC Academy Director: 7/26/24, 1/24/25, 7/25/25, or 1/23/26 • FCC Academy Director Confirms and Authorizes Invoice Amount: 8/2/24, 1/31/25, 8/1/25, or 1/30/26 • Agency Submit Invoice to FCC Academy Director: 8/9/24, 2/7/25, 8/8/25, or 2/6/26 • FCC Sends Invoice for Payment: 8/16/24, 2/14/25, 8/15/25, or 2/13/26 • SCCCD Sends Check to Agency: 8/26/24-9/6/24, 2/24/25-3/7/25, 8/25/25-9/5/25, or 2/23/26-3/6/26 A new schedule will be sent out every year no later than July 1st for all subsequent contract years, including 2025-2026, 2026-2027, 2027-2028, and 2028-2029.

Page | 12

APPENDIX D - FIRE

FRESNO CITY COLLEGE

ISA COURSE OUTLINE
AGENCY: AGENCY NAME
This course is presented under the ISA contract between Fresno City College and the fire agency pursuant to the terms of said contract. The par�es agree to offer the course described herein, under the same terms and condi�ons as set forth in said contract.

COURSE TITLE: Advanced Firefighter Con�nuing Educa�on – Effec�ve Spring 2021 COURSE NUMBER: FIRET-233
COURSE HOURS: 24.12-80.1
UNITS: 0.14-1.0
DESCRIPTION:

Sa�sfies annual mandatory con�nuing educa�on requirements of local Fire Agencies, Fresno County Health Department, the California State Fire Marshal’s Office, and appropriate sec�ons of the California Code of Regula�ons; may be offered in seminar, lecture, and/or lab format; specific course deliver method to be determined by each respec�ve agency.

LEARNING OUTCOMES AND OBJECTIVES
Course Objec�ves

1. Given a classroom se�ng and using knowledge of the Fire Technology discipline, discuss technological advances and revisions to regula�ons and laws as they apply to the specific fire agency.

2. Given a laboratory se�ng, apply the physical skills to perform various job-related tasks required by the individual’s fire protec�on agency.

3. Given a simulated incident scenario, apply the appropriate strategy and tac�cs that will address the following incident priori�es: 1) life safety, 2) incident stabiliza�on and 3) property conserva�on.

4. Given classroom instruc�on, reading assignments, and laboratory ac�vi�es describe and apply the appropriate emergency medical treatment protocol for a given pa�ent scenario as per Fresno County EMS.

Course Student Learning Outcomes

1. Demonstrate the proper psychomotor skills and cogni�ve reasoning ability necessary to perform all job-related tasks. Expected SLO Performance: 70

2. Apply current industry best prac�ces rela�ve to modern fire protec�on and technology techniques within the scope of employment. Expected SLO Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE ON CURRIQUNET: htps://fresno.curriqunet.com/publicsearch/ Page | 13

APPENDIX D - PARAMEDIC

FRESNO CITY COLLEGE

ISA COURSE OUTLINE
AGENCY: Fresno County EMS
These two courses are presented under the ISA contract between Fresno City College and the above agency pursuant to the terms of said contract. The par�es agree to offer the course described herein, under the same terms and condi�ons as set forth in said contract.

COURSE #1 TITLE: Emergency Medical Technician – Paramedic (Didac�c) COURSE NUMBER: FIRET-133
COURSE HOURS: 576
UNITS: 21.5
DESCRIPTION:

Designed to produce qualified and competent EMT - Paramedic educated and trained in all elements of prehospital advanced life support to the acutely ill or injured pa�ents; scope of prac�ce is in accordance with Title 22 of the California Code of Regula�ons.

LEARNING OUTCOMES AND OBJECTIVES
Course Objec�ves

1. Perform a scene size-up, iden�fying scene safety, manpower resources, and rescue needs.

2. Perform an ini�al assessment iden�fying and managing immediate life threats.

3. Perform detailed and on-going pa�ent evalua�ons and apply appropriate treatments.

4. Document and record pa�ent and treatment informa�on.

5. Interact appropriately with all other emergency responders.

6. Manage triage, treatment, transport of pa�ents in a mul�-casualty event.

7. Communicate with medical control and dispatch using a variety of electronic devices.

Course Student Learning Outcomes

1. Perform an ini�al assessment iden�fying and managing immediate life threats. Expected SLO Performance: 70

2. Perform detailed and on-going pa�ent evalua�ons. Expected SLO Performance: 70

3. Apply appropriate treatments. Expected SLO Performance: 70 COURSE OUTLINE OF RECORD AVAILABLE ON CURRIQUNET: htps://fresno.curriqunet.com/publicsearch/ Page | 14
APPENDIX D – PARAMEDIC (CONTINUED)
COURSE #2 TITLE: Emergency Medical Technician – Paramedic Clinical and Field Work COURSE NUMBER: FIRET-136
COURSE HOURS: 679.5
UNITS: 13.0
DESCRIPTION:

The student will rotate through two required se�ngs. The hospital rota�on consists of various departments including emergency, surgery, labor & delivery and pediatrics, specialty units and Advanced Cardiac Life Support (ACLS), cer�fica�on. The field, responding with assigned paramedic preceptors, the students will assess the scene, pa�ents and provide appropriate care. The rota�ons are required to produce qualified and competent EMT-Paramedics who are educated and trained in all elements of prehospital advanced life support to the acutely ill or injured pa�ents, in accordance with local protocols and Title 22 of the California Code of Regula�ons.

LEARNING OUTCOMES AND OBJECTIVES
Course Objec�ves

1. Perform a scene size-up, iden�fying scene safety, manpower resources, and rescue needs.

2. Perform an ini�al assessment iden�fying and managing immediate life threats.

3. Perform detailed and on-going pa�ent evalua�ons and apply appropriate treatments.

4. Document and record pa�ent and treatment informa�on.

5. Interact appropriately with all other emergency responders.

6. Manage triage, treatment, transport of pa�ents in a mul�-casualty event.

7. Communicate with medical control and dispatch using a variety of electronic devices.

Course Student Learning Outcomes

1. Perform an ini�al assessment iden�fying and managing immediate life threats. Expected SLO Performance: 70

2. Perform detailed and on-going pa�ent evalua�ons. Expected SLO Performance: 70

3. Apply appropriate treatments. Expected SLO Performance: 70 COURSE OUTLINE OF RECORD AVAILABLE ON CURRIQUNET: htps://fresno.curriqunet.com/publicsearch/ Page | 15

APPENDIX D - POLICE

POLICE ISA COURSE LIST - FRESNO CITY COLLEGE
All ISA courses are presented under the ISA contract between Fresno City College and the police agency are pursuant to the terms of said contract. The par�es agree to offer the courses described herein, under the same terms and condi�ons as set forth in said contract. Minimum contact hours must be met as defined in the Course Outline of Record.

Fresno County Sheriff’s Office:

AJ-233A Tac�cal Firearms (PSP)
AJ-233B Firearms - Tac�cal Rifle
AJ-233C Civil Procedure for Law Enf Officers
AJ-233F Wilderness Tracking
AJ-233G Electronic Weapons
AJ-233H Driving (PSP)
AJ-233I Court & Temporary Holding Facility
AJ-233J Advanced Officer Course
AJ-233K Arrest & Control Update
AJ-233L Training Conference
AJ-233M Patrol Canine Handler Update
AJ-233N Search and Rescue Training Update
AJ-233O Underwater S&R Update
AJ-233P S&R Inclement Weather Update
AJ-233Q Intro to Tac�cal Dispatcher Course
AJ-233R Response to Ac�ve Shooters Update
AJ-233S Training Conf Gang Update
AJ-233T Training Conf Ac�ve Shooter Update
AJ-233U Training Conf Emo�onal Survival Update
AJ-233V Officer Skills Orienta�on Update
AJ-233W Pursuit Interv Tech PIT Update
AJ-233X Cri�cal Incident Stress Debrief Update
AJ-233Y De-Escala�on Update
AJ-233Z Regular Basic Course Mod I
AJ-234 Adult Correc�ons Officer Core Course
AJ-234A Adult Corr Officer Core Enh Course
AJ-234B PC 832 Laws of Arrest
AJ-234C PC 932 Firearms
AJ-235 Res Officer - Firearms Update
AJ-235A Res Officer - Vehicle Trans Update
AJ-235B Res Officer Driver Aware < 100 Update
AJ-235C Res Officer - E.V.O.C. Update
AJ-235D Res Officer - C.P.R. / A.E.D. Update
AJ-235E Res Officer - First Aid Update
AJ-235F Res Officer - Elect & Imp Weap Update
AJ-235G Res Officer - Report Wri�ng Update
AJ-236 Use of Force Update
Clovis Police Department:

AJ-240 Arrest and Control Update
AJ-240A Tac�cal Rifle for Law Enforcement
AJ-240B Firearms Update
AJ-240D Driver Training - Emerg Vehicle Update
AJ-240E Bias Based Policing Update Training
AJ-240F Principled Policing Update
AJ-240G First Aid for Medical Injuries Update
AJ-240H CPR / AED Update Training
AJ-240I First Aid for Trauma�c Injuries Update
Page | 16
APPENDIX D – POLICE (CONTINUED)
Fresno Police Department:

AJ-245A Arrest & Control Techniques Update
AJ-245B Baton User Update
AJ-245C Canine Agitator
AJ-245D Detec�ve School
AJ-245E Driver Awareness Instructor
AJ-245F Driver Awareness Update
AJ-245G Driver Training Instructor
AJ-245H PIT Instructor
AJ-245I Driver Training/EVOC/PIT Update
AJ-245J Driver Training Simulator
AJ-245K Driving / Force Op�on Simulator Combo
AJ-245L Drug Facilitated Sexual Assault
AJ-245M Electronic Weapons
AJ-245N Firearms Instructor Update
AJ-245O Tac�cal Handgun
AJ-245P Tac�cal Rifle Advanced
AJ-245Q Tac�cal Rifle Update
AJ-245R Tac�cal Rifle 1st Responder
AJ-245S Tac�cal Shotgun
AJ-245T Tac�cal Handgun Advanced
AJ-245U First Aid & CPR Refresher
AJ-245V Force Op�on Simulator
AJ-245W Less Lethal Weapons
AJ-245X Mental Illness Awareness Refresher
AJ-245Y Officer Safety/Field Tac�cs
AJ-245Z Officer Safety/Field Tac�cs Update
AJ-246 Rifle Marksmanship and Sniper
AJ-246A Search/Arrest Warrant
AJ-246B Traffic Collision Inves�ga�on Update
AJ-246C Use of Force Update
AJ-246D Perishable Skills Program I
AJ-246E Perishable Skills Program II
AJ-246F Rifle Instructor
AJ-246G K9 Handler Update
AJ-246H MACTAC Mul� Assault Ctr Terr Act Cap
AJ-246I Basic Bicycle Patrol
AJ-246J Drug/Alcohol Stand Field Sobriety Upd
AJ-246K Crisis Interven�on Training
AJ-246L Cri�cal Incident Ar�cula�on Update
AJ-246M Residents’ Police Academy
AJ-246O Use of Force Update
AJ-246P Domes�c Violence Update
AJ-246Q MRDS-Miniaturized Red Dot Sight Oper
All approved Course Outlines of Record may be access via the following link:
htps://fresno.curriqunet.com/publicsearch/

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve Award to San Joaquin Pest Control for the Treatment of Termites at City Hall
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Mercedes Garcia, Senior Administrative Analyst I. RECOMMENDATION:

Senior Administrative Analyst recommends that the Coalinga City Council award a Contract in the amount of $37,450 to San Joaquin Pest Control for the fumigation of termites.

II. BACKGROUND:

In December 2023, activity of termites was noticed in the Council Chambers at City Hall. Staff reached out to three pest control services for termite inspections. Based on the reports, there were findings as to the presence of wood destroying pest and organism are visible and accessible in areas. Recommendation for correcting the infestation is fumigation.

III. DISCUSSION:

In December of 2023 and January 2024, City Staff contacted three pest control services for termite inspections. The City receive responses from all companies.

Below are the results of the responses received.

Company Fumigation Guarantee/
Warranty
Proposal Total Renewal
Total
San Joaquin Pest
Control
$34,450 2 years $34,450 $4,134 annually
after two years
San Joaquin Pest
Control
$37,450 3 years $37,450 $4,134 annually
after three years
Orkin $61,000 1 year $68,320 $7,320 annually
after one year
Orkin $82,960 5 years $88,450 $5,490 annually
after five years
Terminix $49,920 1 year $49,920 $6,354. 90
annually after one
year
City Council to award a contract to San Joaquin Pest Control in the amount of $37,450 to complete fumigation with a three-year guarantee.

IV. ALTERNATIVES:

1. Do not approve fumigation and direct staff to seek other treatment options. Staff does not recommend.

V. FISCAL IMPACT:

This project will use grant funds from California Intergovernmental Risk Authority (CIRA) to complete the project.

ATTACHMENTS:

File Name Description
SanJoaquinPestControlQuote.pdf SanJoaquinPestControl
SJPC_WarrantySheet_.pdf SanJoaquinPestControl_WarrantyInfo Orkin-Coalinga__City_Hall__155_W_Durian-1-8-24_Proposal_.pdf Orkin-Coalinga__City_Hall,_155_W_Durian-1-8-24 Proposal Terminix_CITYOFCOALINGA_011124_.pdf Terminix

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approve BSCC-ORT Evaluation Plan Agreement between Coalinga Police Department and California State University Fresno (CSUF) Foundation Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Jose Garza, Chief of Police
I. RECOMMENDATION:

The City Manager and Police Chief recommend the City Councilapprove the Board of State and Community Corrections (BSCC) Organized Retail Theft (ORT) Evaluation Plan Agreement with California State University Fresno (CSUF) Foundation.

II. BACKGROUND:

On October 5, 2023, the Counciladopted Resolution No.4182 and Agreement No.1148-23 and accepted $1.74M from BSCC-ORT. This is a three-year grant starting on October 1, 2023, through June 1, 2027. The BSCC grant requires a Local Evaluation Plan (LEP) to be completed by an outside agency to determine the impact and effectiveness of the program on the stated goals and performance measures. Criminology Professor Keith Clement from California State University, Fresno Foundation (Office of Research and Graduate Studies) is currently evaluating the same BSCC-ORT grant, awarded to Fresno Police Department, Clovis Police Department, and Fresno County District Attorney’s Office. Professor Keith Clement has agreed to partner with the City of Coalinga Police Department to evaluate the program.

III. DISCUSSION:

The BSCC-ORT Grant requires an Outside Evaluator to develop a Local Evaluation Plan to be submitted to BSCC-ORT by April 1, 2024. In addition, the grant requires the Evaluator to implement the LEP throughout the three-year grant period and complete and submit a finalevaluation to BSCC-ORT by June 1, 2027. The grant has allocated $83,096.00 to fund the evaluation portion of the grant. The MOU agreement Attachment A, Scope of Work provides details of the goals and performance measures. CSUF-Foundation agreed to evaluate the program in the amount of $83,074.

IV. ALTERNATIVES:

The Councilcould decide not to accept the agreement.

V. FISCAL IMPACT:
$83,074 from the BSCC-ORT Grant. There will be no fiscal impact to the General Fund.

ATTACHMENTS:

File Name Description
Final_BSCC-ORT_Evaluation_MOU.docx BSCC-ORTEvaluation MOUAgreement

Page 1 of 10 ends

Rev. 6/2023

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
The City of Coalinga, California
and

CALIFORNIA STATE UNIVERSITY, FRESNO FOUNDATION
Agreement Number: 1
Period of Agreement: 10/1/2023 through 6/1/2027
Amount of Agreement: 83,074.00
WHEREAS The City of Coalinga, California desires to hire California State University, Fresno Foundation, a California nonprofit public benefit corporation, hereinafter referred to as “Contractor” to perform certain professional services under the terms and conditions contained in this Agreement for Professional Services (“Agreement”), and Contractor is agreeable to performing such professional services in accordance with the terms and conditions of this Agreement; NOW THEREFORE, The City of Coalinga and the Contractor agree as follows:

ARTICLE I

SCOPE OF SERVICES
A. The Contractor agrees to provide professional and/or technical services to The City of Coalinga, in accordance with and pursuant to the details of this agreement (“Agreement”), and specifically Attachment A – Scope of Work (“Work”), and Attachment B – Budget, both of which are attached hereto and incorporated herein by this reference.

B. The Contractor shall perform the specified Work and shall furnish all labor, materials, supplies, equipment, supervision, and services for and incident to the performance of the Work.

C. In consideration of services rendered, The City of Coalinga agrees to pay the Contractor in accordance to the provisions of Article IV.

ARTICLE II

GENERAL PROVISIONS
A. This Agreement shall form the entire agreement and understanding between The City of Coalinga and the Contractor. Except as provided in Article VII hereof, no other written or verbal statements, shall be binding upon the parties or construed as modifying this Agreement in anyway.

B. The governing law of this Agreement shall be the law of the State of California, excluding its choice of law provisions. Both parties consent to the jurisdiction of the courts located in the State

Page 2 of 10 ends

Rev. 6/2023
of California. The parties agree that Fresno County is the sole proper venue for the litigation of any and all disputes arising out of or relating to this Agreement.

C. The Contractor is an independent contractor and will maintain complete control of and responsibility for its employees, agents, methods, and operations.

D. Execution of this Agreement by The City of Coalinga will be authorization for the Contractor to proceed with the Work specified herein.

E. Programmatic Communications to The City of Coalinga shall be directed to:

Jose Garza, Chief of Police, Coalinga Police Department 270 N. 6th St.

Coalinga, CA 93210
(559) 935-1525 ext. 152
[email protected]
Fiscal Communications to The City of Coalinga shall be directed to:

Sean Young, Commander, Coalinga Police Department
270 N. 6th St.

Coalinga, CA 93210
(559) 935-1525
[email protected]
Programmatic Communications to Contractor shall be directed to:

California State University, Fresno
Keith Clement, Professor
California State University, Fresno
5241 N. Maple Ave., Fresno, CA 93740
(559) 278-2305
[email protected]
Fiscal Communications to Contractor shall be directed to:

California State University, Fresno Foundation
Linda Christian, Post Award Manager
4910 N. Chestnut Avenue
Fresno, CA 93726
(559) 278-0852
(559) 278-0992 FAX
[email protected]

ARTICLE III

Page 3 of 10 ends

Rev. 6/2023
TERM
The term of this Agreement shall be from 10/1/2023 through 6/1/2027.

ARTICLE IV

CHARGES, INVOICING, AND PAYMENT
The total to be paid by The City of Coalinga, California to the Contractor is $83,074 for the period indicated above. The Contractor will submit an itemized invoice to The City of Coalinga, California on a quarterly basis not to exceed annual budget for the professional services described in Attachment A.

ARTICLE V

INDEPENDENT CONTRACTOR STATUS
This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of employer, employee, partnership, agent, servant, or joint venture with the Contractor or any persons employed by or representing the Contractor including contractors or employees thereof. The Contractor shall control the manner and means of accomplishing the performance of the Agreement.

ARTICLE VI

INDEMNIFICATION
Unless otherwise expressly set forth in this Agreement, each party shall indemnify, defend, and save harmless the other, and their various directors, officers, agents, employees, boards, commissions, and departments, from and against any and all loss, damages, suits, claims (including actions by administrative agencies), penalties, costs, liabilities and expenses (including, but not limited to, a reasonable investigation, legal and paralegal expenses), that may arise out of this Agreement or the parties' respective performance hereunder provided that any such loss, damages, suits, claims, penalties, costs, liabilities and/or expenses do not arise out of the intentional or negligent acts or omissions of the indemnitee or its various directors, officers, agents, employees, boards, commissions, and/or departments.

ARTICLE VII

MODIFICATIONS
The terms of this Agreement may be modified or amended only by a written instrument signed by both parties hereto.

ARTICLE VIII

DISPUTES
The parties may pursue their respective remedies at law or equity for any claim, controversy, or dispute relating to this Agreement.

ARTICLE IX

Page 4 of 10 ends

Rev. 6/2023

NON-ASSIGNMENT
Neither party shall assign, transfer, or further contract this Agreement, in whole or in part, without prior written approval of the other.

ARTICLE X

SEVERABILITY
If any of the provisions herein are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not effect any other provision, and this Agreement will be construed as valid, legal, and enforceable in all other respects.

ARTICLE XI

TERMINATION
Either party may terminate this Agreement for cause or convenience, and at no cost or penalty to the terminating party, upon thirty (30) days’ advance written notice to the other party. Upon early termination of this Agreement, Contractor shall refund that portion (if any) of prepaid amount specified in Article IV that represents work not performed as of the date of termination, net of expenses and obligations incurred by Contractor as of the date of the termination. If funds were not advanced to Contractor, upon any termination, The City of Coalinga shall be responsible to reimburse Contractor for expenses and obligations incurred by Contractor as of the date of termination.

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ARTICLE XII

ENTIRE DOCUMENT
This Agreement represents the entire agreement between the parties and supersedes all prior agreements and understandings.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows:

CONTRACTOR The City of Coalinga
California State University, Fresno Foundation City of Coalinga Police Department 4910 N. Chestnut Avenue 270 N. 6th St.

Fresno, CA 93726 Coalinga, CA 93210
(559) 278-0850 (559) 935-1525
(559) 278-0992 FAX
By By
Joy J. Goto Marissa Trejo
Interim Dean of Research and Graduate Studies City Manager Office of Research and Sponsored Programs City of Coalinga, California California State University, Fresno
Date Date
By
Deborah S. Adishian-Astone
Executive Director
Date

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ATTACHMENT A

SCOPE OF WORK
Grant Performance Measures for California State University Fresno, Foundation regarding the Organized Retail Theft Prevention Grant Program (Performance Period of October 1, 2023 – December 31, 2026) (Contract Period of October 1, 2023 – June 1, 2027)

CALIFORNIA STATE UNIVERSITY FRESNO, FOUNDATION
Goal: Develop a Local Evaluation Plan for Organized Retail Theft Prevention (Due to BSCC by April 1, 2024) and Develop a Final Local Evaluation for Organized Retail Theft Prevention grant program (Due to BSCC by June 1, 2027)
Evaluator Roles and Responsibilities:

1. Responsible for designing the evaluation plan for the BSCC Grant.

2. Responsible for the writing of the Local Evaluation Plan (LEP)

3. Review completed Quarterly Progress Reports (QPRs)

4. Responsible for the completion of the the Local Evaluation Report (LER)

5. Prepare project recommendations for local best practices and sustainability in the LER.

Performance Measurements:

Local Evaluation Plan: The purpose of the Local Evaluation Plan is to ensure that the program funded by Organized Retail Theft Prevention grant program can be evaluated.

The Plan is to include a detailed description of how the evaluator will assess the effectiveness of all the proposed funded projects. The Local Evaluation Plan can be submitted in either a narrative or bulleted format. The Plan should describe the research design that will be used to evaluate the effectiveness of the project, with the project goals (i.e. the expected benefits to participants or the community) and the project objectives (i.e. specific measurable accomplishments intended to advance project goals) clearly stated.

In addition, Plan should address two components: the process evaluation and the outcome evaluation, outlined in more detail below:

Process and Outcome Evaluations:

At a minimum, this section should:

1. Provide information essential to understanding the project and the need for the project (history in the community, an explanation of activities and/or services, description of similar efforts in the region, description of how the activities and/or services address the need, etc.).

2. Define the target area/population (e.g., gender, age, risk factors, prior involvement with the justice system).

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3. Define the criteria used to determine participant eligibility of the target area/population.

4. Describe the process for determining which intervention(s) and/or services the target area/population needs and will receive.

5. Describe the process of coordinating or collaborating with other entities, if any, such as public agencies (e.g., law enforcement, non-law enforcement, prosecutors' offices), community organizations, or retailers.

6. Describe existing or proposed policies to govern the use of surveillance technology (if applicable) including complying with applicable privacy laws/regulations and securing any data collected or stored.

7. Describe existing or proposed policies to limit racial bias.

8. Provide a description of the goals and specific and measurable objectives identified in the Project Work Plan of the proposal.

Process Evaluation Method and Design:

1. The research design for the process evaluation.

2. The plan to document activities within the project and/or services provided to each target area/population (e.g., maintaining a database, tracking staff hours, etc.). How each target area/population's progress will be tracked (e.g., baseline data, change in data, change over time).

3. How activity progress will be tracked (e.g., start dates, cases initiated/resolved, number of license plates read, etc.).

4. Process variables and how they will be defined and measured (tools/instruments used to collect the data and frequency of collection).

5. How the process data will be collected, and the data source(s) used.

6. The project-oversight structure and overall decision-making process for the project.

7. How the project components will be monitored, determined effective, and adjusted as necessary.

8. The plan for documenting activities performed by staff and contracted providers, if applicable.

9. Procedures ensuring that the project will be implemented to fidelity, when applicable.

10. How quantitative and qualitative process data will be analyzed. Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chi- square) and

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methods used for analyzing qualitative data (identifying themes, content analysis, etc.).

You do not need to state the analysis type for each evaluation activity separately.

Outcome Evaluation Method and Design:

1. The research design for the outcome evaluation (e.g., pre-/post-test, mixed methods, comparison groups).

2. A set of evaluation questions. These are the questions that the evaluation will answer.

These shall include the project's goals and objectives and may also include more outcome-oriented questions.

3. The criteria for determining an activity's success in the project.

4. Outcome variables and how they will be defined and measured (tools/instrumentsused to collect the data and frequency of collection).

5. How the outcome data will be collected, the timing of data collection, and the data source(s) used.

6. How quantitative and qualitative outcome data will be analyzed. Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chi- square) and methods used for analyzing qualitative data (identifying themes, content analysis, etc.).

You do not need to state the analysis type for each evaluation activity separately.

7. The strategy for determining whether outcomes are due to the project and not some other factor(s) unrelated to the project, including a description of a comparison group, when applicable.

Project Logic Model:

Provide a visual representation of the project depicting the logical relationships between the project's goal statements, input/resources, activities, outputs, outcomes and impacts of the project.

Inputs/Resources: "Inputs are various resources available to support the project (e.g., staff, materials, funding, equipment)."1 "Include those aspects of the project which are available and dedicated to, or used by, the project/service to operate."2 Activities:

Activities are what the project does with the inputs or the services provided in alignment with project goals. If you have access to inputs/resources, then they can be used to accomplish project activities.

Outputs: If the activities are accomplished, these are the number of services delivered and/or products provided to participants. Outputs link the activities to products or services delivered to the target population; those who participate in the project and will benefit from the products and services provided. Outcomes: "Outcomes are the immediate, specific, measurable changes"3 due to the project. If the outputs are

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achieved, then this is the change we expect to see. Outcomes may be grouped by:
* Short-Term- Timeframe (grant cycle, months)
* Medium-Term- Timeframe (grant cycle, months-years)
Impacts: The ways in which the community, city, and/or county are changed by the achieved outcomes. This includes fundamental intended or unintended changes that occur in organizations, communities, or systems because of project activities beyond the grant cycle. Impacts are societal/economic/civic/environmental focused and may be the same or similar to long-term outcomes (typically occur beyond the grant cycle).

Final Local Evaluation: The purpose of the final Local Evaluation is to document the activities that were carried out by the project.

The evaluation should describe the research design, as discussed in the previously submitted Local Evaluation Plan and Quarterly Progress Reports. The final Local Evaluation must describe the final outcomes of the program, including a determination of the degree of program success. Proving that a program worked is not an easy task.

For example, if the goal of the program was to reduce recidivism, an applicant should specify the following:
a) A strategy for determining whether or not recidivism was lower at the end of the program as compared to before the program began.
b) A rationale for inferring that the reduction in recidivism was directly related to the program and not other factors unrelated to the program.

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ATTACHMENT B
BUDGET

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Introduce and Waive the First Reading of Ordinance No. 864 Amending the Peddlers and Solicitors Licensing Requirements to Exempt Peddlers from the Licensing Requirements for those who do not Make Contact with the Occupants of the Residence
Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:

Introduce and waive the first reading of Ordinance No. 864 amending the peddlers and solicitors licensing requirements to exempt peddlers from the licensing requirements for those who do not make contact with the occupants of the residence.

II. BACKGROUND:

The current Peddlers and Solicitors Ordinance (Ordinance 740) was enacted to regulate and manage peddling and solicitation activities within the city. While the existing ordinance establishes guidelines for obtaining permits and outlines permissible locations for peddling, the council requested that staff update the regulations to exempt peddlers from licensing who do not interact with the residential occupants.

III. DISCUSSION:

Ordinance No. 864 adds an exemption to the licensing requirements for peddlers who do not initiate direct contact with residential occupants. This includes, but is not limited to, those who do not knock on doors, ring doorbells, or engage in any form of unsolicited communication with residents other than leaving a leaflet, business card or flyer.

IV. ALTERNATIVES:

Do not waive the first reading of Ordinance No. 864.

V. FISCAL IMPACT:

None determined at this time.

ATTACHMENTS:

File Name Description
Ordinance_No._864_-_Peddlers_and_Solicitors.doc Ordinance No. 864 - Peddlers-Solicitors 1 ORDINANCE NO. 864

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COALINGA

UPDATING LICENSE EXEMPTIONS FOR PEDDLERS AND SOLICITORS WITHIN

THE CITY OF COALINGA
The City Council of the City of Coalinga does ordain as follows:

Section 1. Sec. 5-9.03(c) of the Coalinga Municipal Code related to peddlers and solicitors is added to read as follows:

Section. 5-9.03 – License required; exemption.
(c) A peddler, with a current city of Coalinga business licenses, who enters the premises of a private residence, without attempting contact with the occupants, for the sole purpose of leaving leaflets, flyers, business cards or something similar, for services to be performed in the future is exempt from the licensing requirements of this chapter including the payment of fees. Such peddlers shall be subject to Section 5-9.08 and Section 5-9.09 of this chapter.

Section 2. This Ordinance shall take effect 30 days after its adoption.

Section 3. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Coalinga, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney. (this area intentionally left blank)
2 The foregoing Ordinance was introduced by the City Council of the City of Coalinga, California, at a regularly scheduled meeting held on January 18, 2024, and was passed and adopted by the City Council at a regular meeting held on February 1, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Mayor
City of Coalinga
ATTEST:
______________________________
City Clerk/Deputy City Clerk
City of Coalinga

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Code Enforcement Monthly Report for November 2023 Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo
Prepared by: Yaneth Ibarra, Code Enforcement Officer
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
November_2023.pdf Code Enforcement Report November 2023 November 2023 Notices Pending Cited Completed
Accumulation of Vehicles 1 1
Dead Trees 1 1
Grafitti 1 1
Unpermitted Food Vendors 2 2
Junk Trash Debris 10 1 9
Leaves on the curb 2 2
Over Grown Weeds 2 2
Over Hanging Palm Trees 9 1 8
RV on the street 2 2
Semi- Trucks on City Limits 1 1
Vehicles on Lawn 2 2
Unlicensed Business 9 7 2
Weeds & Bushes 2 2
Total 44 9 35
72 Hour Parking Warning 5 5
Vehicle Tows
Water Conservation 1 1
Code Enforcement Activity

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Code Enforcement Monthly Report for December 2023 Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo
Prepared by: Yaneth Ibarra, Code Enforcement Officer
I. RECOMMENDATION:

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
December_2023.pdf Code Enforcement Report December 2023 December 2023 Notices Pending Cited Completed
Dead Trees 1 1
In-Op Vehicles 2 2
Junk Trash Debris 4 2 2
Over Grown Weeds 4 2 2
Over Hanging Palm Trees 4 4
RV on the street 2 2
Obstructing Side walk-Hazard 1 1
Garbage Cans in front of yard 30 29
Vehicles on Lawn 2 2
Vehicle Abatement 4 4
Unlicensed Business 2 2
Total 56 0 6 49
72 Hour Parking Warning 8 4 8
Vehicle Tows
Water Conservation
Code Enforcement Activity

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Discussion and Direction regarding a Potential Ordinance Language Change relating to Setback Requirements for Non-Permitted Accessory Structures Meeting Date: Thursday, January 18, 2024
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

There is no staff recommendation at this time. This item was a future agenda item requested by Councilman Vosburg.

II. BACKGROUND:

Section 9-5.101 of the planning and zoning code regulates the placement, height, size, and setbacks for accessory structures.

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any Zoning District.

III. DISCUSSION:

It was requested by Councilman Vosburg to look at the current regulations and determine if there are some reasonable changes to the code that would allow the placement of particular accessory structures within the existing setbacks when placed in the rear yard of properties.

Here is a summary of the code regulations as it relates to setbacks for accessory structures.

Setbacks. When located in the rear one-third of a lot, detached accessory buildings shall not be located closer than five (5) feet to any rear property line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one foot to such rear property line.

Detached accessory buildings shall meet all other setback requirements of the main building.

Possible changes to consider related to setbacks could be:

Reducing the minimum side/rear setback for accessory structures that do not require a permit (at or under 120 square feet);
Reducing the minimum side/rear setback for allaccessory structures; Reducing the rear/side setback for a property where the rear yard is adjacent to an arterial, collector roadway (similar to the alley exception but include adjacent roadways).

Staff can discuss more options at the meeting at the councils discretion.

Here is a link to the planning and zoning code regulations for accessory structures: Accessory Structures IV. ALTERNATIVES:

None at this time.

V. FISCAL IMPACT:

None at this time.

ATTACHMENTS:

File Name Description
NoAttachments Available

Coalinga City CouncilJanuary 18, 2024

Coalinga City Council
January 18, 2024