MEETING AGENDA
The City Council/Successor Agency of the City of Firebaugh Vol. No. 22/03-07
Date/Time: March 7, 2022/6:00 p.m. ______________________________________________________________________ *SPECIAL NOTICE DUE TO COVID-19 MEETING WILL BE HELD TELECONFERENCE VIA WEBEX,
THE MEETING WILL BE HELD OPEN TO IN-PERSON MEETING
PURSUANT TO PARAGRAPH 11 OF EXECUTIVE ORDER N-25-20,
EXECUTED BY THE GOVERNOR OF CALIFORNIA ON MARCH 12, 2020 Members of the public who wish to address the Council may do so by submitting a written comments to the Deputy Clerk via email [email protected] Please provide: Council Meeting Date, Item Number your comment are pertaining to, Name, Email and comment, no later than 3:00 PM the day of the meeting. *Pursuant to Government Code Section 54953 (b)(2), all action taken during this teleconferenced meeting shall be by roll call vote.
Join Zoom Meeting
https://cityoffirebaugh.my.webex.com/cityoffirebaugh.my/j.php?MTID=m685768acee141131b6387a9694b0d4ba Meeting ID: 2556 733 4264 Meeting password: QzNPDh34rB5 (79673434 from phones and video systems) Phone: 1-650-479-3208
CALL TO ORDER
ROLL CALL Mayor Brady Jenkins
Mayor Pro Temp Felipe Pérez
Council Member Marcia Sablan
Council Member Elsa Lopez
Council Member Freddy Valdez
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate at this meeting, please contact the Deputy City Clerk at (559) 659-2043. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk’s office, during normal business hours.
PLEDGE OF ALLEGIANCE
APPROVAL OF THE AGENDA
PUBLIC COMMENT
PRESENTATION
• Special Presentation from Fresno County Sheriff Margaret Mims to the Firebaugh Police Department in Appreciation for Support of the 2020 Creek Fire.
• Representative of Bryant Jolley CPA Office, will present a review of the Annual Independent Auditor’s Report for the period FY 2020-2021, ending June 30, 2021.
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption of ordinances previously introduced and discussed, execution of agreements and other similar items.
1. APPROVAL OF MINUTES – The City Council regular meeting on February 2, 2022.
City Council Agenda
March 7, 2022
2. WARRANT REGISTER – Period starting December 1 and ending on December 31, 2021.
December 2021 General Warrants #42187 - #42329 $ 1,242,405.54 Payroll Warrants #71649 - #71671 $ 126,315.90
TOTAL $ 1,368,721.44
3. WARRANT REGISTER – Period starting January 1 and ending on January 31, 2022.
January 2022 General Warrants #42330 - #42414 $ 745,684.51 Payroll Warrants #71672 - #71697 $ 139,317.58
TOTAL $ 885,002.09
PUBLIC HEARING
4. ORDINANCE NO. 21-04 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH REPEALING SECTIONS 9-1.1, 9-1.2, 9-1.3, AND 9-1.4 OF CHAPTER 9 [TRAILERS AND TRAILER PARKS] OF THE MUNICIPAL CODE, REPLACING THE HEADING OF CHAPTER 9 WITH THE TITLE “MOBILE HOME PARKS ACT”, AND ADDING SECTIONS 9-1.1 THROUGH 9-1.11 RELATING TO THE
ASSUMPTION OF RESPONSIBILITY OF ENFORCING THE MOBILE HOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT OF THE CALIFORNIA HEALTH AND SAFETY CODE – SECOND READING.
Recommended Action: Council receives public comment & approves Ord. No. 21-04.
5. ORDINANCE NO. 22-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING MUNICIPAL CODE SECTION 25-41.13.6 RELATING TO LIMITED COMMERCIAL CANNABIS OPERATIONS PURSUANT TO REGULATORY PERMIT-SECOND READING.
Recommended Action: Council receives public comment & approves Ord. No. 22-02.
NEW BUSINESS
6. THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING THE MUNICIPAL SOLID WASTE
FRANCHISE AGREEMENT BETWEEN THE CITY OF FIREBAUGH AND MID-VALLEY DISPOSAL, LLC.
Recommended Action: Council receives public comment & approves agreement.
7. RESOLUTION NO. 22-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AUTHORIZING USE OF EMERGENCY REMOTE TELECONFERENCING PROVISIONS.
Recommended Action: Council receives public comment & approves Res. No. 22-07.
8. RESOLUTION NO. 22-08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ECM 4-SOLAR GENERATING FACILITIES
AT THE LANDFILL/MAIN LIFT, DIRECTING THE CITY CLERK TO RECORD A NOTICE OF
COMPLETION WITH FRESNO COUNTY AND AUTHORIZING THE CITY MANAGER TO RELEASE
THE FAITHFUL PERFORMANCE BOND AND LABOR & MATERIAL BOND FOR SAID IMPROVEMENTS.
Recommended Action: Council receives public comment & approves Res. No. 22-08.
City Council Agenda
March 7, 2022
9. RESOLUTION NO. 22-09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
AUTHORIZATION THE CITY MANAGER TO EXECUTE TO THE FRESNO-MADERA AREA AGENCY
ON AGING CONTRACT, INCLUDING AMENDMENTS AND ALL NECESSARY SUPPORTING DOCUMENTS.
Recommended Action: Council receives public comment & approves Res. No. 22-09.
10. RESOLUTION NO. 22-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
ACCEPTING COMPLETION OF CARDELLA STREET REHAB PROJECT, AUTHORIZING THE
DEPUTY CITY CLERK TO RECORD A NOTICE OF COMPLETION WITH FRESNO COUNTY AND
AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO BUSH ENGINEERING, INC.
Recommended Action: Council receives public comment & approves Res. No. 22-10.
11. RESOLUTION NO. 22-11 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING THE CITY OF FIREBAUGH LOCAL ROAD SAFETY PLAN INCLUDED IN THE MULTIJURISDICTION LOCAL ROAD SAFETY PLAN.
Recommended Action: Council receives public comment & approves Res. No. 22-11.
12. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO DISCUSS AND CONSIDER SPEED BUMPS.
Recommended Action: Council receives public comment & gives staff direction
STAFF REPORTS
CLOSED SESSION
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Certification of posting the agenda
I declare under penalty of perjury that I am employed by the City of Firebaugh and that I posted this agenda on the bulletin boards at City Hall, March 4, 2022, at 5:00 p.m. by Rita Lozano Deputy City Clerk.
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT
Mayor Brady Jenkins and Council Members
Pio Martin, Finance Director
March 07,2022
Fiscal Year 2020 - 2021Audit and Management Report
RECOMMENDATION:
Review and accept the FY 2020 - 2021 audited financial statements and the auditor's report on compliance and internal control over financial accounting based on an audit of financial statements performed in accordance with Government Auditing Standards.
HISTORY:
Bryant L. Jolley, CPA has completed the FY 2020-2021audit for the City of Firebaugh. Luis Perezo Bryant Jolley office will be presenting at the March07,2022 city council Webex conference he will be available for answer any questions regarding the audit.
DISCUSSION:
FISCAL IMPACT:
CITY OF FIREBAUGH
INonpnNuenr AunrroR's Rnponr
ANU
FINaNcIl,t Stltnnanxrs
JuNn 30,2021
CONTENTS
INDEPENDENT AUDITOR'S REPORT
BASIC FINANCIAL STATEMENTS:
Government-Wide Financial Statements
Statement of Net Position
Statement of Activities
Fund Financial Statements
Balance Sheet - Governmental Funds
Reconciliation of Total Governmental Fund Balance to
Net Position of Governmental Activities
Statement of Revenue, Expenditures and Changes in
Fund Balance - Governmental Funds
Reconciliation of Statement of Revenue, Expenditures
and Changes in Fund Balance of Governmental Funds
to the Statement of Activities
Statement of Net Position - Proprietary Funds
Statement of Revenue, Expense and Changes in FundNet
Position - Proprietary Funds
Statement of Cash Flow - Proprietary Funds
Statement of Fiduciary Net Position - Private Purpose Trust Fund Statement of Changes in Fiduciary Net Position - Private Purpose Trust Fund Notes to Basic Financial Statements
Paqe
t-2
10 1l
l2
13 t4-43
J
4 5
6 7
8 9
CONTENTS(Continued)
Required Supplementary Information
Budgetary Comparison Schedule - General Fund
Budgetary Comparison Schedule - Community Development Fund Schedule of Changes in City's Net OPEB Liability and Related Ratios Schedule of the City's Proportionate Share of Net Pension Liability Schedule of Contributions
Supplemental Only Information
Combining Balance Sheet - Nonmajor
Governmental Funds
Combining Statement of Revenue, Expenditures and
Changes in Fund Balance - Nonmajor
Governmental Funds
Schedule ofNet Revenue Available for Debt Service
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL
OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER
MATTERS BASED ON AN AUDIT OF'F'INANCIAL STATEMENTS PERFORMED
IN ACCORDANCE WITH GOVERNMENTAL AUDITING STANDAR-DS
INDEPENDENT AUDITOR'S REPORT ON COMPLIAIICE FOR
EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE
REQUIRED BY THE UNIFORM GUIDANCE
Schedule of Expenditures of Federal Awards
Notes to Schedule of Expenditures of Federal Awards
Schedule of Findings and Questioned Costs
Summary Schedule of Prior Audit Findings
Paqe
44 45
46 47
48 50
51 52- 53
54-55
49 56
57 58
59 BRYANT L.JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L.Jolley C.P.A.
Ryan P.Jolley C.P.A.
Darryl L. Smirh C.P.A.
Luis A. Perez C.P.A.
LanT. Kimoto
INDEPENDENT AUDITOR'S REPORT
To the Honorable Mayor and City Council
City of Firebaugh, California
Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, andthe aggregate remaining fund information of the City of Firebaugh, California, (the City) as of and for the year ended June 30,2021, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents.
Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or effor.
Auditorns Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.
Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers intemal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose ofexpressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the furancial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Firebaugh, Califomia, as of June 30,2021, andthe respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.
9o1 "N" STREET, SUITE 1o4 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 Other Matters
Required Supplementary Information
Management has omitted the management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Government Accounting Standards Board, who considers it to be an essential part of the frnancial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.
Accounting principles generally accepted in the United States of America require that the budgetary comparison information, Schedule of Changes in City's Net OPEB Liability and Related Ratios, Schedule of Proportionate Share of Net Pension Liability and Schedule of Contributions on pages 44 - 45,page 46,page 47, and page 48, respectively, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Govemmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Other Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Firebaugh's basic financial statements. The combining and individual nonmajor flnancial statements are presented for purposes ofadditional analysis and are not a required part ofthe basic financial statements. The schedule of expenditures of federal awards is presented for purposes of additional analysis as required by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and is also not a required part of the basic financial statements.
The combining and individual nonmajor fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements.
Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund hnancial statements and the schedule of expenditures of federal awards are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Other Reporting Required by Government Aaditing Standards In accordance with Govemment Auditing Standards, we have also issued our report dated February 24,2022, on our consideration of the City of Firebaugh's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Govemment Auditing Standards in considering City of Firebaugh's internal control over frnancial reporting and compliance.
February 24,
CITY OF FIREBAUGH
STATEMENT OF NET POSITION
JUNE 30,2021
Primary Government
Governmental
Activities
Business-Type
Activities Total
ASSETS
Cash and investments
Accounts receivable (net of allowance)
Due from other governments
Notes and loans receivable
Internal balances
Capital assets, net of allowance
for depreciation
Total assets
LIABILITIES
Accounts payable
Accrued expenses
Accrued interest payable
Deposits
Compensated absences
Long-term liabilities:
Bonds payable:
Due within one year
Due in more than one year
Net other post employment benefits
Net pension liability
Total liabilities
DEFERRED INFLOWS OF RESOT]RCES
NET POSITION
Net investment in capital assets
Restricted for:
Public ways and facilities
Public safety programs
Low-income housing activities
Capital projects and improvements
Unrestricted
Total net position
3,798,581
8,612,049 13,948,596 22,560,645
906,700 345 980 1,252,690
8,354,256 6,402,508 14,756,764
42,442
509,291
2,794,934
427,731
11,275,337
1,207,506
634,246
470,173
11,784,628
4,002,340
4,432,827
5,195,635
1,661,603
263,294
396,889
2,267,933
6,056,412
$ 7,503,229 $
433,476
4,468,431
1,711,270
(8 I 5,007)
6,465,422 $
375,751
141,301
815,007
13,968,650
809,167
4,609,732
1,711,270
8,905,989 17,854,240 26,760,229
22,207,327 2s,651,721 47,859,048
DEFERRED OUTF'LOWS OF RESOURCES l,l16,174 240,998 1,357,172 1,266,992
22,505
4,466
15,545
157,493
171,952
835
107,781
89,999
33,209
1,438,844
23,340
112,247
105,544
190,702
1,661,603
263,294
396,889
2,267,933
860,777
Se e acc ompanying not e s.
$ 13,804,752 s___!Llg!ll1 $ 25,402,895
3 CITY OF FIREBAUGH
STATEMENT OF ACTIVITIES
YEAR ENDED JUNE 3O,2O2I
Progrrm R€venue
Net Revcnue(Expense) and
Changes in Net Position
Functions/Programs
Charges for
ExpeNe Seruices
Operating
Grsnts md
Contributions
Capital
Grilts rnd
ContributioN
Governmental
,Activities
Busincss-Typc
Activities Total
PrimNry GoYemm€nt
Govemmmtal activities
General govement
Publio ways md facilities
Public protection
Culture md recreation
Comunity developmmt
Debt seruice
Interest md fiscal chuges
Total govemental activities
Business-typs activities
Sewer
Water
Total business-brpe aclivities
Totd primary govemm€nt
Generd R€venu€
Property taxes
Sa.les md use tues
Frmchise taxes
Intsest md invsstnsnt emings
Miscellmeous
Gain on sale ofassets
Total general revenue
Chenge in Nct Position
Net Position
Beginning ofyer
End ofyer
s 522,776 $
1,335,185
3,2s2,974
177,867
2,810,613
53,097 S
1,063,820
452,O78
333,322
58s,605
t5,037 $
794,224
469,910
(454,642) s
684,950
(2,330,986)
155,455
4,703,267
s (4s4,642)
684,950
(2,330,986)
155,455
4,703,267
(19,820)
2,738,224
268,976
86,647
355,623
3,093,847
162,091
428 6,927,847
19,820 _
8,119,235 2,487,922 t,279,599 7,089,938
(19,820)
2,738,224
r,462,064 t,647,s28
1,767,67t 1,854,318
3,229,735 3,501,846 83,512
11,348,970 5,989,768 t,279,s99 7,t73,4s0 2,738,224
83,s l2 268,976
86,647
355,623
3s5,623
446,466
2,836,455
136,848
19,920
1s0,245
50 t4,609
968
1s.577
446,466
2,836,455
136,848
34,529
I 5 1,213
50 3,589,984 3,605,561
6,328,208 37t,200 6,699,408
7,476,s44 11226.943 18,703,487
$ 13,804,752 $ 11,598,143 $ 25,402,895
See ac c ompany ing no te s. 4
CITY OF FIREBAUGH
BALANCE SHEET _ GOVERNMENTAL FUNDS
JUNE 30,2021
General
Commutrity
Devclopmcnt Houting
Devclopm€rt
Impsct
Fear
Non-Major
Govcrnmentrl
Funds
Totrl
Govcrnmcntrl
Fundl
ASSETS
Cash ad investrnents
Accouts rweivable
Due from other govments
Due from other fi,nds
Notes ud loms receivable
Total assets
$
LIABILITIES, DEFERRED INFLOWS OF RESOURCES,
AND FTJND BAINNCE
Liabilities
Accouts payable md accrued experoe $
Accrued saluies md benefits
lnterest payable
3,520,968
433,4t6
t,437
3,47q018
4,323,t90
$ 396,461 $
428
t,549,622 S 2,O36,t77 S
143,3't6
'1,503,228
433,4t6
4,468,43t
3,470,018
t,7tt,z'to
$ 17,s86,363
1,266,892
I 15,256
4,466
3,470,018
815,007
15,545
s 7,425,839 s
1,7tt,270 _
4,323,t90 $ 2,108,159 s 1,549,622
Due to oths fuds
Advuces from othq frnds
Deposits
Total liabiliti€s
103,500 S
100,079
4,466
815,007
15,545
888,197 S
3,470,018
35,716 $ 239,479 s
t5,t7'7
1.038.597 4,358.215 35,716 254,656 5,687,184
Deferred infl ows of resurc6
Umvailable revenues
Total defened inflows ofresouces
1,711,270 t,7tt,270
t,711.2'to t.7rt.2'10
Fund Balance
Restricted
Public ways md facilities
Public safety proglms
low-income howing activities
Capital prcjects md improvemmts
Umssigned
Total fimd balmce
Total liabilities, defened inflows of resouces,
md fimd balmce
1,661,603
263,294
396,889
754,027
5,633,2r5
1,513,906
(3s,025)
6.38'1.242 (35.025) 396.889 1.5 13.906 t.924.89',1
s '1,425,839 S 4,323,190 $ 2,108,159 $ t,549,622 S 2,179,553 1,661,603
263,294
396,889
2,267,933
5.598.190
t0 lR7sos
s 17,586,363
Se e ac c ompany ing note s. 5
CITY OF FIREBAUGH
RECONCILIATION OF TOTAL GOVERNMENTAL FUND BALANCE TO NET POSITION
OF' GOVERNMENTAL ACTIVITIES
JUNE 30,2021
Total governmental fund balance $ 10,187,909
Amounts reported for governmental activities in the Statement of Net Position are different because:
Notes receivable are not available to pay for current period expenditures and, therefore, are defened in the governmental funds 1,771,270 Capital assets used in govemmental activities are not financial resources and, therefore, are not reported in the governmental funds g,g05,ggg Deferred outflows of resources related to net pension liability and postretirement health benefits, represent a consumption of net position or fund balance that applies to future period(s) and so will not be recognized as an outflow of resources (expenses) until that time l,l16,174 Post-retirement health benefits are not due and payable in the current period and, therefore, are not reported in the govemmental funds (2,794,834) Governmental long-term liabilities are not due and payable in the current period and, therefore, are not reported in the governmental funds Notes and capital lease payable (551,733)
Net pension liability applicable to governmental activities are not due and payable in the current period and accordingly is not reported in the governmental funds (3,798,581)
Deferred inflows of resources related to net pension liability, represent an acquisition of net position or fund balance that applies to future period(s) and so will not be recognized as an inflow of resources (revenue) until that time (906,700)
Compensated absences are not due and payable in the current period and, therefore, are not reported in the governmental funds Net position of govemmental activities
(64,742)
$ 13,804,752
See accompanying notes 6
CITY OF FIREBAUGH
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS YEAR ENDED JUNE 30,2021
GeDersl
Community
DeveloDmetrt Housinq
Development
ImpEct
F€B
Non-Major
Governmental
Funds
Totd
Govcrtrmental
Fundg
Revenu€
Tues
Licenses md pemits
Intergovemental
Chuges for seruices
Fines md forfeitues
Lom repayments
Investnent income
Other
Total revenue
$ 3,381,555 $
639,801
454814
647,731
35,989
10,320
r44.734
6,93'1.820 428
49,526
6,030
$ $ s
t,t@,401
38,214 $
976,474
3,5"10
3,4t9,769
1,804,202
8,369,536
647,731
35,989
49,526
19,920
144.734
5,314,944 6,937,820 55,984 1,164,401 1,018,258 14,491,407 Expenditures
Cwmt
Ceneral govement
Public ways md facilities
Public protection
Cultue md recreation
Commmity development
Capital outlay
Debt Seryice
Principal
hterest md fiscal chuges
Total expenditures
Revenue over(uder) expenditues
Other Finsncing Source(Ui$)
Sale ofassets
Total other finmcing souceV(uses)
455,023
667,044
2307,178
r43,456
392,932
t97,519
34,000
19,820
4,2t6,972
1,O97,972
2,'107,210
4,230,612
428
35,'t15 445,t44
t36,t79
2so,452
455,O23
t,t4't,903
2,443,357
143,456
3,109570
4,678,583
34,000
19,820
6,937,822 428 35,'n5 831,775 t2,022,7t2
(2) 55,556 1,128,686 184483 2,468,695
50 50
50 50
Chang€ in Fund Balanc€
Fund Bshnc€
1,098,o22
5,289,220
(2)
(35,023)
55,556
34t,333
1,128,686
385,220
186,483
1,738,414
2,468,'145
Begiming of yer 7,'1t9,164
End ofyeu $ 6,387,242 $ (35,025) $ 396,889 $ 1,513,906 $ 1,924,897 $ 10,187,909 Se e ac c ompany ing note s. 7
CITY OF FIREBAUGH
RECONCILIATION OF STATEMENT OF REVENUE, EXPENDITURES, AND CHANGES IN
FUND BALANCES OF GOVERNMENTAL F'UNDS TO THE STATEMENT OF ACTIVITES YEAR ENDED JUNE 3O,2O2I
Net change in fund balance - total governmental funds $ 2,468,745 Amounts reported for governmental activities in the Statement of Activities are different because:
Depreciation expense on capital assets is reported in the Statement of Activities, but they does not require the use of current financial resources, therefore, depreciation expense is not reported as expenditures in the Governmental Funds (313,573)
Governmental Funds report capital outlay as expenditures. However, in the Statement of Activities the cost of those assets are capitalized as an asset and depreciated over the period ofservice 4,802,469 Post-retirement benefit costs in the Statement of Activities does not require the use ofcurrent financial resources and, therefore, are not reported as expenditures in the Governmental Funds (237,653) Repayment of long-term notes receivable is revenue in governmental funds, but the repayment reduces long-term assets in the statement of net position (44,023)
Pension expenses reported in the Statement of Activities do not require the use ofcurrent financial resources and, therefore, are not reported as expenditures in the Governmental Funds (391,23 8)
Compensated absence costs in the Statement of Activities does not require the use ofcurrent financial resources and, therefore, are not reported as expenditures in the Governmental Funds 9,481 Repayment of loans and capital leases principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets 34,000
Change in net position of governmental activities $ 6,328,208 See accompanying notes. 8
CITY OF FIREBAUGH
STATEMENT OF NET POSITION - PROPRIETARY FUNDS
JUNE 30,2021
Business-Type Activities - Enterprise Funds
Sewer Water
Total
Proprietary
Funds
ASSETS
Current assets
Cash and investments
Accounts and interest receivable
Due from government
Total current assets
LIABILITIES
Current liabilities
Accounts payable
Accrued expenses
Accrued interest
Deposits
Current portion of long-term debt
Total current liabilities
Non-current liabilities
Bonds payable
Net other pension benefits
Net pension liability
Total noncunent liabilities
Total liabilities
DEF'ERRED INF'LOWS OF' RESOT]RCES
NET POSITION
Net investment in capital assets
Unrestricted
Total net position
5,462,981 7,654,108 13,1 17,089
5,780,087 8,168,509 13,948,596
175,367 170,613 345,980
$ 3,280,241 S
179,740
t38,092
3,1 85,1 81
196,01I
3,209
$ 6,465,422
375,751
141,301
3,598,073 3,384,401 6,982,474
Non-current assets
Advances to other funds
Property, plant and equipment,
net of allowance for depreciation
Total noncurrent assets
735,007 80,000 815,007
6,546,773 11,307 ,467 17,854,240
7,281,780 11,387,467 18,669,247
Total assets 10,879,853 14,771,868 25,651,721
DEFERRED OUTFLOWS OF RESOURCES 119,974 121,024 240,998
1 00,1 56
l4,l9l
60,347
142,412
71,796
19,853
47,434
89,999
285,319
171,952
34,044
707,781
89,999
427,731
3t7 106 514,401 83 1,507
4,537,900
612,758
312.323
6,737,437
594,748
321.923
11,275,337
1,207,506
634,246
l,962,gl3
3,081,560
4,439,695
2,114,075
6,402,508
5,195,635
See accompanying notes
$ 5,044,373 S 6,553,770 $ 11,598,143
9 CITY OF FIREBAUGH
STATEMENT OF'REVENUE, EXPENSE, AND CHANGES IN FUND NET POSITION -
PROPRIETARY FUNDS
YEAR ENDED JUNE 30,2021
Business-Type Activities - Enterprise Funds
Total
Proprietary
Sewer Water Funds
Operating Revenue
Charges for services
Total operating income
Operating Expense
Personnel
utilities
Supplies and materials
Maintenance and operations
Contractual services
Depreciation
Other expenses
Total operating expense
Operating income(loss)
Nonoperating Revenue/(Expense)
Investment income
Other revenue (expenses)
Interest expense
Total nonoperating revenue/(expense)
before capital contributions
Capital Contributions
Change in Net Position
Net Position
Beginning ofyear
End ofyear
$ 1,647,528 $ 1,854,318 $ 3,501,846
1,647,528 1,854,318 3,501,846
650,054
65,441
59,622
82,331
129,353
243,069
77,275
1,306,145
582,714
154,771
109,247
77,598
68,761
479,850
54,953
1,232,768
220,212
168,863
759,929
197,114
722,919
132,228
1,527,888 2,834,033
341,383 326,430 667,813
6,815
(1 1e)
(155,919)
7,794
1,096
(239,782)
14,609
967
(395,701)
(t49,223) (230,902) (380, l 25)
83 512 83,512
275,672 95,528 371,200
4,768,701 6,458,242 11,226,943
$ 5,044,373 $ 6,553,770 $ t1,599,143
See accompanying notes 10
CITY OF FIREBAUGH
STATEMENT OF CASH FLOW - PROPRIETARY FUNDS
YEAR ENDED JUNE 30,2021
Business-Tvpe Activities - Enterprise Funds
Sewer Water
Total
Proprietary
Funds
Operating Activities
Receipts from customers and users
Payment to suppliers ofgoods and services
Payment to employees
Net cash provided by (used in) operating activities
Non-capital Financial Activities
Payments from other governments
Net cash provided by (used in)
noncapital financing activities
Capital and Related Financing Activities
Purchase ofproperty, plant and equipment
Principal paid on long-term debt
Interest paid on long-term debt
Net cash provided by (used in) capital
and related financing activities
Investing Activities
Interest received
Net cash provided by investing activities
Net Increase (Decrease) in Cash
Cash
Beginning of year
End ofyear
Cash tr'lows from Operating Activities
Operating income (loss)
Adjustments to reconcile operating income (loss)
to net cash provided (used) by operating activities:
Depreciation
(Increase) Decrease in Accounts Receivable
(Increase) Decrease in Deferred Outflows of Resources
Increase (Decrease) in Accounts Payable
and Accrued Liabilities
Increase (Decrease) in Deposits
Increase (Decrease) in Compensated Absences
Increase (Decrease) in Deferred Inflows of Resources
Increase (Decrease) in OPEB liability
Increase (Decrease) in Net Pension Liability
Net Cash Provided by (Used in) Operating Activities
(601,966) (868,623\ (1,470,588)
6,815 7 795 14,610
6,815 7 79s 14,610
137,153 (20,8e7) 116,256
3,143,088 3,206,078 6,349,166
$ 3,280,241 $ 3,185,181 $ 6,465,422
$ 341,383 S 326,430 $ 667,813
$ 1,625,229 $
(347,905)
(567,429)
1,786,135 $
(447,606)
(499,684)
3,411,364
(795,51l)
(1,067,1l3)
709,895 838,845 1,549,740
22,409 1,086 23,495
22,409 1,086 23,495
(337,997)
(106,932)
(t57,037\
(409,342)
(2 l 8,5 84)
(240,696)
(747,339)
(325,516)
(397,733)
243,069
(22,299)
(7,555)
65,117
479,850
(74,890)
(8,038)
722,919
(97,1 89)
( 15,593)
82,835
6,707
(30,073)
l5l,714
(171,089)
230,696
(15,299)
78,698
(86,821)
113,602
17,718
6,707
(14,774)
73,016
(84,268)
tt7,094
709,895 $ 838,845 $ 1,548,740
See accompanying notes
$
1I
CITY OF FIREBAUGH
STATEMENT OF' F'IDUCIARV NET POSITION
PRIVATE-PURPOSE TRUST FUND - SUCCESSOR AGENCY
JUNE 30,2021
Assets
Cash and investments
Total assets
Liabilities
Accounts payable and accrued liabilities
Interest payable
Long-term debt
Due within one year
Due in more than one year
Total liabilities
Net Position
Held in trust for other governments
$ 570,128
570,128
9,317
21,009
240,469
4,906,703
5,177,497
$__(4,607,369)
See accompanying notes. 12
CITY OF FIREBAUGH
STATEMENT OF'CHANGES IN FIDUCIARY NET POSITION
PRIVATE.PURPOSE TRUST F'UND - SUCCESSOR AGENCY
JUNE 30,2021
Additions
Properly taxes
Investment earnings
Total additions
Deductions
Program expenses
Interest and fiscal agency expenses
Total deductions
Change In Net Position
Net Position
Beginning of year
End ofyear
$ 401,037
1,435
402,472
135,292
272,376
407 668
(5,196)
(4,602,173)
$_E{07J6e)
See accompanying notes. 13
CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 1 - Summary of Significant Accounting Policies
The financial statements of the City of Firebaugh (the City) have been prepared in conformity with Accounting Principles Generally Accepted in the United States of America (GAAP) as applicable to govemmental entities. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles.
These financial statements present the govemment and its component units, entities for which the City is considered to be financially accountable. Blended component units, although legally separate entities are, in substance, part of the government's operations and data from these units is combined with data of the primary government. Each blended component unit has a June 30 fiscal year end. There are no discretely presented component units included in these financial statements. The following sections further describe the significant accounting policies of the City.
Reporting Entity
The City of Firebaugh, State of California (the "City"), was incorporated in 1914. The City operates under a Council-Manager form of government. The City's major operations include public safety; highways and sheets; water and sewer; parks and recreation; building inspection; public improvements; planning and zoning, and general administrative services.
Basis of Presentation - Fund Accounting
Government-Wide Financial Statements - The Government-Wide Financial Statements (the Statement of Net Position and the Statement of Activities and Changes in Net Position) report information of all of the nonfiduciary activities of the primary government and its component units. For the most part, eliminations have been made to minimize the double counting of intemal activities. These statements distinguish between the governmental and business-type activities of the City and between the City and its component unit. Governmental activities, which normally are supported by taxes and inter-governmental revenues, are reported separately from business-type activities, which rely significantly on fees charged to external parties.
The Statement of Activities and Changes in Net Position presents a comparison between direct expenses and program revenues for each segment of the business-type activities of the City and for each function of the City's govemmental activities. Direct expenses are those that are specifically associated with a program or function and are clearly identifiable to a particular function. Program revenues include l) charges paid by the recipients ofgoods or services offered by the programs and2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular program. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues.
Net position is restricted when constraints placed on them are either externally imposed or are imposed by constitutional provisions or enabling legislation. Internally imposed designations of resources are not presented as restricted net position. When both restricted and unrestricted resources are available for use, generally, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed.
I4
CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 3O,2O2I
Note I - Summary of Significant Accounting Policies (Continued) Governmental Fund Financial Statements - The Governmental Fund Financial Statements provide information about the City's funds, including fiduciary funds and the blended component unit. Separate statements for each fund category - governmental, proprietary and fiduciary - are presented. The emphasis of fund financial statements is on major governmental and enterprise funds, each displayed in a separate column. All remaining governmental funds are separately aggregated and reported as non-major funds.
Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Non-operating revenues, such as subsidies and investment earnings, result from non-exchange transactions or ancillary activities.
The City reports the following major governmental funds:
General Fund - The General Fund is the general operating fund of the City. It is used for all financial resources except those required legally, or by sound financial management to be accounted for in another fund. Generally, the General Fund is used to account for those traditional governmental services of the City, such as police and fire protection, planning and general administrative services.
Community Development Fund - The Community Development Fund was established to account for the monies received from various sources which are to be used for the design and construction of various projects.
Housing Fund - The Housing Fund is used to account for grant revenues and expenditures related to housing assistance loans for low income individuals (HOME grants) and businesses (Low Moderate Housing Assets).
Development Impact Fees Fund - This fund is used to account for impact fees collected for various purposes.
The City reports the following additional fund types
Private-Purpose Trust Fund - The Private-Purpose Trust Fund accounts for assets held by the City as trustee for the Successor Agency.
Basis of Accounting
The Government-Wide and Proprietary Fund Financial Statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Nonexchange transactions, in which the City gives (or receives) value without directly receiving (or giving) equal value in exchange, include property and sales taxes, grants, entitlements and donations. On an accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied. Revenues from sales tax are recognized when the underlying transactions take place.
Revenues from grants, entitlements and donations are recognized in the fiscal year in which all eligible requirements have been satisfied.
15 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 3O,2O2I
Note I - Summary of Significant Accounting Policies (Continued) Governmental Funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. Property and sales taxes, interest, certain state and federal grants and charges for services are accrued when their receipt occurs within sixty days afterthe end of the accounting period so as to be both measurable and available. Expenditures are generally recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments are recorded only when payment is due. General capital asset acquisitions are reported as expendifures in governmental funds. Proceeds of general long-term debt and capital leases are reported as other financing sources.
Proprietary Funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a Proprietary Fund's principal ongoing operations. Revenues and expenses not meeting this definition are reported as non-operating.
Financial Statement Amounts
Cash and Investments - Cash and investments represent the City's cash bank accounts including but not limited to certificates of deposit, money market funds and cash management pools for reporting purposes in the Statement of Cash Flows. Additionally, investments with maturities of three months or less when purchased are included as cash equivalents in the Statement of Cash Flows.
The City maintains a cash and investment pool that is available for use by all funds. Interest earnings as a result of this pooling are distributed to the appropriate funds based on month end cash balances in each fund.
Investments of the pool include only those investments authorized by the California Government Code such as, United States Treasury securities, agencies guaranteed by the United States Government, registered state warrants, and other investments. Investments primarily consist of deposits in the State of California Local Agency Investment Fund. Investments are stated at cost or amortized cost.
Accounts Receivable - Billed but unpaid services provided to individuals or non-governmental entities are recorded as accounts receivable. The Proprietary Funds include a year-end accrual for services through June 30, 202l,which have not yet been billed.
Fresno County is responsible for the assessment, collection and apportionment of property taxes for all taxingjurisdictions. Secured and unsecured property taxes are levied on January 1 ofthe preceding fiscal year. Secured property taxes are due in two installments, on November 1 and March l, and become a lien on those dates. They become delinquent on December l0 and April 10, respectively. Collection of delinquent accounts is the responsibility of the County, which retains all penalties collected. Property taxes are accounted for in the General Fund. Property tax revenues are recognized when they become measurable and available to finance current liabilities. The City considers property taxes as available if they are collected within 60 days after year end. Property tax on the unsecured roll are due on July I and become delinquent if unpaid on August 31. However, unsecured property taxes are not susceptible to year end accrual.
16 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 1 - Summary of Significant Accounting Policies (Continued) The City is permitted by Article XIIIA of the State of California Constitution (known as Proposition l3) to levy a maximum tax of $1.00 per $100 of full cash value.
Interfund Receivables/Payables - Items classified as interfund receivable/payable represent short-term lending/bonowing transactions between funds. This classification also includes the current portion of an advance to or from another fund.
Advances To/From Other Funds - This classification represents non-current portions of any long-term lending/bonowing transactions between funds. This amount will be equally offset by a reserve of fund balance which indicates that it does not represent available financial resources and therefore, is not available for appropriation. The current portion of any interfund long-term loan (advance) is included as an interfund receivable/payable.
Capital Assers - Capital outlays are recorded as expenditures of the General, Special Revenue, and Capital Projects Funds and as assets in the Government-Wide Financial Statements to the extent the City's capitalization threshold are met.
Capital assets, which include property, plant, equipment, and infrastrucfure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities columns in the Government-Wide Financial Statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Betterments and major improvements which significantly increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement of fixed assets, the cost and related accumulated depreciation are removed from the respective accounts and any resulting gain or loss is included in the results of operations.
Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value ofthe assets constructed.
Property, plant, and equipment of the primary govemment, as well as the component units, are depreciated using the shaight line method over the following estimated useful lives:
Depreciable asset
Buildings
Improvements
Machinery and equipment
Utility system
Infrastructure
Years
10-40
10-40
3-2o.
5-50
l 5-50
17 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note I - Summary of Significant Accounting Policies (Continued) Compensated Absences - It is the City's policy to permit all employees to accumulate earned but unused vacation and compensatory time benefits. Those employees on shift work schedules may also accumulate hours for holiday time benefits.
Vested or accumulated vacation, holiday and any compensation time that is expected to be paid with expendable available financial resources is reported as expenditure in the fund financial statements of the Governmental Fund that will pay for it. Amounts not expected to be liquidated with expendable available financial resources are reported in the Government-Wide Financial Statements.
Vested leave of Proprietary Funds are recorded as an expense and liability as the benefits accrue.
Sick leave can be accumulated, but vesting is limited and will not be paid upon termination. However, in past years unused sick leave could be used to pay post-employment health insurance. Two retirees carry unused benefits balances at year end and this amount is reported as a compensated absence liability. For this reason, the City does not accrue any costs relating to sick leave.
Unearned Revenue - Unearned revenue is that for which asset recognition criteria have been me| but for which revenue recognition criteria have not been met. The City typically records unearned revenue related to uncollected outstanding, performing loans and intergovernmental revenues (primary grants and subventions) received but not earned (qualifring expenditures not yet incuned).
Long-Term Obligations - In the Government-Wide Financial Statements, and Proprietary Fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or Proprietary Fund Type Statement of Net Position. Debt principal payments of both government and business-type activities are reported as decreases in the balance of the liability on the Statement of Net Position. Bond premiums and discounts, as well as issuance costs, are defened and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term ofthe related debt.
In the fund financial statements, however, debt principal payments of Governmental Funds are recognized as expenditures when paid. Governmental Fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures.
Non-Current Governmental Assets/Liabilities - GASB Statement No. 34 eliminates the presentation of account groups, but provides for these records to be maintained and incorporates the information into the Govemmental Activities column in the Government-Wide Statement ofNet Position.
Pension Plan - All full-time City employees are members of the State of California Public Employees' Retirement System. The City's policy is to fund all pension costs accrued; such costs to be funded are determined annually as of July I by the System's actuary. See note 9 for further discussion. 18 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note I - Summary of Significant Accounting Policies (Continued) Bond Discount and Issuance Costs - For governmental funds, bond discounts, as well as issuance costs, are recognized during the current period. Bond proceeds are reported as other financing sources net ofthe applicable discount. lssuance costs, whether or not withheld form the actual net proceeds received, are reported as debt service expenditures. For business-type funds, bond discounts, are defened and amortized over the life, of the bonds. Bonds payable are reported net of applicable bond discounts. Issuance costs are expensed.
Net Position/Fund Balance - The government-wide and business-type activities fund financial statements utilize a net position presentation. Net position are categorized as net investment in capital assets, restricted and unrestricted.
Net Investment in Capital Assets - This category groups all capital assets, including infrastructure, into one component of net position. Accumulated depreciation and the outstanding balances of debt that are attributable to the acquisition, construction or improvement of these assets reduce the balance in this category.
a
Restricted Net Position - This category presents external restrictions on net position imposed by creditors, grantors, contributors or laws or regulations of other govemments and restrictions imposed by law through constitutional provisions or enabling legislation.
Unrestricted Net Position - This category represents net position of the City, not restricted for any project or other purpose.
Fund Balance -ln the fund financial statements, governmental fund balance is made up of the following components:
Nonspendable fund balance typically includes inventories, prepaid items, and other items that must be maintained intact pursuant to legal or contractual requirements, such as endowments.
Restricted fund balance category includes amounts that can be spent only for specific purposes imposed by creditors, grantors, contributors, or laws or regulations of other governments or through enabling legislations.
Commiffed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council has the authority to establish, modifr, or rescind a fund balance commitment.
Assigned fund balance are amounts designated by the City Council for specific purposes and do not meet the criteria to be classified as restricted or committed.
Unassigned fund balance is the residual classification that includes all spendable amounts in the General Fund not contained in other classifications.
a
a
a
a
a
a
a
19 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note I - Summary of Significant Accounting Policies (Continued) When expenditures are incurred for purposes for which both reshicted and unrestricted (committed, assigned, or unassigned) fund balances are available, the City's policy is to apply restricted first. When expenditures are incurred for purposes for which committed, assigned, or unassigned fund balances are available, the City's policy is to apply committed fund balance first, then assigned fund balance, and finally unassigned fund balance.
Use of Estimates - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from those estimates.
Note 2 - Stewardship, Compliance and Accountability
California law authorizes the City to invest in obligations of the United States Treasury, agencies and instrumentalities, certificates of deposit or time deposits in banks and savings and loan associations which are insured by the Federal Deposit Insurance Corporation.
In accordance with applicable sections of the California Government Code and the Firebaugh Municipal Code, the City prepares and legally adopts an annual balanced budget on a basis consistent with accounting principles generally accepted in the United States of America. Annual appropriated budgets are adopted for the General Fund, specific Special Revenue Funds, and specific Capital Projects Funds.
Budget plans are adopted for Proprietary Funds. A proposed budget is presented to the City Council during June of each year for review. The Council holds public hearings and may add to, subtract from, or change appropriations within the revenues and reserves estimated as available. Expenditures may not legally exceed budgeted appropriations at the fund level. Supplementary appropriations which alter the total expenditures of any fund, or expenditures in excess of total budgeted fund appropriations, must be approved by the City Council.
All annual appropriations lapse at fiscal year end to the extent they have not been expended or encumbered.
20 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 3 - Cash and Investments
The City pools all of its cash and investments except those funds required to be held by outside fiscal agents under the provisions of bond indentures. Interest income earned on pooled cash is allocated to the various funds on average cash balances. Interest income from cash investments held with fiscal agents is credited directly to the related funds.
Cash and investments as of June 30,2021 are classified in the accompanying financial statements as follows:
Statement of Net Position:
Cash and Investments
Fiduciary Funds:
Cash and Investments
Total Cash and Investments
$ 13,968,650
570,128
$ 14,538,778
Cash and investments as of June 30,2021consist of the following $ 300
11,754,192
198,712
2,5 85,574
$ 14,538,778
Fair Value Measurements
The framework for measuring fair value provides a fair value hierarchy that categorizes the inputs to valuation techniques used to measure fair value into three levels. The fair value hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level l) and lowest priority to unobservable inputs (Level 3). The three levels of the fair value hierarchy are described as follows:
Level I Inputs to the valuation methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets that a government can access at the measurement date.
Level2: Inputs to valuation methodology include inputs - other than quoted prices included within Level I - that are observable for an asset or liability, either directly or indirectly.
Level 3 Inputs to the valuation methodology are unobservable and significant to the fair value measurement.
Cash on hand
Deposits with Financial Institutions
Cash with Fiscal Agent
Local Agency Investment Fund
Total Cash and Investments
2I
CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 3 - Cash and Investments (Continued)
F air Value Measurements (continued)
The asset's or liability's fair value measurement level within a fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs.
June30,2027
Level I Level2 Level 3 Balance
Investments by fair value level:
Equity Securities:
LAIF
Total Equity Securities
$ 2,585,574 $ $ 2,585,574
2,585,574 2,595,574
Cash and cash equivalents carried at cost:
Bank Deposits and Cash on Hand
Cash with Fiscal Agent
Total Cash and Cash Equivalents carried at cost
Total Cash and Investments $ 14,538,778
Investments Authorized by the California Government Code and the City's Investment Policy The table below identifies the investment types that are authorized for the City by the California Govemment Code (or the City's investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City's investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. The City's investment policy does not contain any specific provisions intended to limit the City's exposure to interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the City's investment policy. $
Authorized Investment Type
Maximum
Maturity
Minimum
Credit
Quality
11,754,492
198,712
11,953,204
Maximum
Percentage
Allowed
U.S. Treasury Obligations
U.S. Agency Securities
Banker's Acceptances
Commercial Paper
Money Market Mutual Funds
Investment Contracts
Certificates of Deposits
Repurchase Agreements
Local Agency Investment Fund (LAIF)
Municipal Bonds
None
None
1 year
None
None
None
I year
30 days
N/A
None
None
AAA
None
A-l
A
None
A-l
None
None
None
None
None
None
None
None
None
None
None
None
None
22 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 3 - Cash and Investments (Continued)
Investments Authorized by Debt Agreements
Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City's investment policy.
The table below identifies the investment types that are authorized for investments held by the bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk.
June 30,2021
Balance
Minimum Legal
Rating
Rating of Year
End
Investment Type
$ 2,585,574 N/A Not Rated
s 2,585,574
Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. As of June 30,2021 the City had the following investments.
June 30,2021
Balance Maturity Date
Investment Type
Equity Securities:
LAIF
Total Equity Securities
$ 2,585,574 N/A
$ 2,585,574
Equity Securities:
LAIF
Total Equity Securities
23 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 3 - Cash and Investments (Continued)
Disclosures Relating to Credit Risk
Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the City's investment policy, or debt agreements, and the actual rating as of year-end for each investment type.
Authorized Investment Type
Maximum
Maturity
Minimum
Percentage
of Portfolio
Maximum
Percentage
of Portfolio
Local Agency Bonds
U.S. Treasury Obligations
U.S. Agency Securities
Banker's Acceptances
Commercial Paper
Negotiable Certificates of Deposit
Repurchase Agreements
Reverse Repurchase Agreements
Medium-Term Notes
Mutual Funds
Money Market Mutual Funds
Mortgage Pass-Through Securities
None
None
None
40%
25%
30%
None
200% of base value
30%
20%
20%
20%
1 year
1 year
1 year
1 80 days
270 days
1 year
90 days
92 days
5 years
N/A
N/A
5 years
None
A
None
None
None
None
None
None
A
A
A
AA
Concentration of Credit Risk
The investment policy of the City contains no limitations on the amount that can be invested in any one issuer beyond that stipulated by the California Government Code. There are no investments in any one issuer that represent 5Yo or more of the total City investments.
Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The California Government Code and the City's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits, other than the following provision for deposits: The Califomia Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110%o of the total amount deposited by the public agencies. Califomia law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits.
24 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 3 - Cash and Investments (Continued)
The custodial risk for investments is the risk that, in the event of the failure of the counterparty to a hansaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the City's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for investments. With respect to investments, custodial credit risk generally applies only to direct investments in marketable securities. Custodial credit risk does not apply to a local government's indirect investment in securities through the use of mutual funds or government investment pools (such as LAIF).
Investment in State Investment Pool
The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis.
Note 4 - Notes Receivable
Revolving Loan Program - Long-term loans receivable of $I,370,293 represent monies loaned to homebuyers in connection with a downpayment assistance programs. The loans are secured by real propefty with repayment due upon the sale of real property or starting at the end of the 30 year defenal period. At the time of sale, the seller pays the loan balance in full plus interest, ranging from 0% to 4Yo.
For the homebuyer loan program, starting at the end of the 30 year deferral period, the borrower is required to repay the loan over the following 15 years.
Firebaugh San Joaquin Vista Associates - During fiscal year 2000, the Redevelopment Agency of the City of Firebaugh loaned Firebaugh San Joaquin Vista Associates $200,000 as a subsidy in connection with a low income apartment. The note carries an interest rate of 3Yo and matures during 2055. The terms of the agreement specifu that payments of the outstanding principal and accrued interest shall be paid annually in the amount equal to 30%o of available project revenues. Payments made shall be credited first against accrued interest and then against outstanding principal. Balance at June 30,2021was $190,977.
San Joaquin Development LLC - During fiscal year 2009, the Redevelopment Agency of the City of Firebaugh loaned San Joaquin Development LLC $150,000 in connection with the construction of lowincome condominiums. The note is non-interest bearing and is repayable upon sale of each unit at the rate of $7,134 per unit. There have been no repayments on principal to date on this note. 25 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note5-CapitalAssets
Capital asset activity for the year ended June 30, 202l,was as follows:
Balance
July l,2020 Additions
Governmental Activities
Capital assets, not being depreciated
Land
Construction in progress
Total capital assets, not being depreciated
$
4,795,139
979,360 4,785,139
Retirements
Balance
June 30, 2021
372,922 $
606,438
$ $ 372,922
5,391,577
5,764,499
Capital assets, being depreciated
Buildings and improvements
Infrastructure
Machinery and equipment
Total capital assets, being depreciated
Less accumulated depreciation for:
Buildings and improvements
Infrastructure
Machinery and equipment
Total accumulated depreciation
Business-Type Activities
Capital assets, not being depreciated
Land
Construction in progress
Total capital assets, not being depreciated
Capital assets, being depreciated
Buildings and infrastructure
Machinery and equipment
Total capital assets, being depreciated
Less : accumulated depreciation
Total capital assets, being depreciated, net
Business-type activities capital assets, net
6,759,909 17,330
2,474,857
1,599,775
2,696,277 17,330
2,474,857
1,598,775
2,703,607
6,777,239
(856,155)
(209,1 l5)
(2,256,906')
(35,257)
(39,432)
(238,884)
(891,412)
(248,547)
(2,495,790)
(3,322,176\ (313,573)
Total capital assets, being depreciated, net 3,437,733 (296,243) Governmental activities capital assets, net $ 4,4 r 7,093 $ 4,488,896 $ (3,635,749)
3,141,490
s 8,905,989
$ 203,705 $
3,225,827 747,339
$ 203,705
J 973 166
4,176,871
$
3,429,532 747,339
24,284,841
173 559
25,458,400
24,284,841
1,173,559
25,458,400
(l t,058,1t2) (722,919) (11,781,031)
14,400,288 (722,919) 13,677,369
$ 17,829,820 $ 24,420 $ $ 17,854,240
26 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 5 - Capital Assets (Continued)
Depreciation and amortization expense were charged to the following functions in the Statement of Activities:
Governmental Functions:
General Government
Public Safety
Public Works
Parks and Community Services
Business-Type Functions:
Sewer
Water
Governmental Activitv Lone Term Debt
2019 Solar Project Equipment Lease
2019 Fire Truck Lease
Net other post employment benefits
Net pension liability
Total Govemmental Activity Debt
Business-Tvne Activitv Lone Term Debt
Bonds payable:
2013 Water Revenue Refunding Bond
2016 Wastewater Refunding Bond
2016 Water Refunding Bond
2019 Water Solar Project Equipment lrase
2019 Wastewater Solar Project Equipment Lease
Net other post employment benelits
Net pension liability
Total Business-Type Activity Debt
$ 27,791
128,648
133,278
23,856
$ 313,573
$ 243,069
479,850
$ 722,919
Note 6 - Long-term Liabilities
The City generally incurs long-term debt to finance projects or purchase assets which will have useful lives equal to or greater than the related debt. The City's debt transactions are summarized below and discussed in detail thereafter:
Balance
July l,2020 Additions
Balance
Retirements June30,202l
Current
Portion
$ 337,485 $
248,248
3,t90,827
3,092,857
6,705 $
27,29s
395,993
$ 330,780
220,953
2,',|94,834
3,798,581
14,155
28,287
$
705,724
s 6,869,417 $ 705,724 $ 429,993 $7, 145.148 $ 42,442
$ 1,086,069 $
3,180,000
3,570,000
2,585,271
t,607,244
1,378,595
403,550
$
230,697
8 4r7n
$ 82,221 $
75,000
85,000
51,363
31,932
171,090
1,003,848
3,105,000
3,485,000
2,533,908
1,575,3t2
1,207,505
634,247
86,886
75,000
90,000
108,433
67,4t2
$ 13,810,729 $ 230,697 $ 496,606 $ 13,544,820
27 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 6 - Long-Term Liabilities (Continued)
Long-term debt payable at June 30,2021was comprised of the following individual issues:
Governmental Activity Long Term Debt
2019 Solar Project Equipment Lease - In May 2019, The City entered into a capital lease arrangement to finance the acquisition of certain energy efficient equipment and improvements for the City. The lease obligation is accounted for as a capital lease where the related equipment and improvements to be acquired will become property of the City when all terms of the lease agreement are met. The stated interest under terms of the agreement varies between 2.05% and 4.00Yo with an average rate of 3.6%. Present value of the remaining payments as of June 30,2021is $4,440,000, the City has determined future payments are to be made from the General Fund, Water Enterprise Fund, and Sewer Enterprise Fund in the amounts of $330,780, $2,533,908 and $1,575,312, respectively. Semiannual debt service payments under the agreement start on February 1,2020 and end on August 1,2029, ranging from $72,855 to $170,379. As of June 30, 2021, the City had accumulated total capital expenditures of $4,057,260 in Construction In Progress.
2019 Fire Truck Lease - In May 2018, The City entered into a capital lease arrangement to finance the acquisition of a Fire Truck. The lease obligation is accounted for as a capital lease where the related equipment acquired will become property of the City when all terms of the lease agreement are met. The stated interest rate under terms of the agreement is 3.6%o, present value of minimum lease payments is $300,000. Annual debt service payments of $36,317 start on May 31,2019 and conclude on May 31, 2028.
Business-Type Activity Long Term Debt
2013 Water Revenue Refunding Bond - In November 2013, the City issued revenue bonds in the amount of $1,512,415. The funds were used for the purpose of refinancing the 2005 Water Revenue Bond.
Principal and interest is payable semi-annually on December I and June 1 each year, with an interest rate of 3.85%o.
28 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,202t
Note 6 - Long-Term Liabilities (Continued)
2016 Water Refunding Bonds - ln 2016 the City issued $3,945,000 of Water Revenue Refunding Bonds. The proceeds of the issue were used to refinance the 2007 USDA Water Certificate of Participation. Interest on the Bond is payable semi-annually on November 1 and June 1 each year, with stated interest rates ranging from 2.00%o to 4.00%o per annum for an average coupon rate of 3.38%.
Principal is paid annually on June l. Pursuant to the provisions of the Bond agreement, the City has established a Rate Stabilization Fund and made an initial deposit of $500,000 in fiscal year 2016-17, the fund has a current ending balance of$135,000 at June 30,2021. Debt service is secured by a pledge ofnet revenues of the CrW's Water System. The City covenants that it shall prescribe, revise and collect such charges for the services and facilites of the water system which shall produce revenues sufficient in each fiscal year to provide gross revenues which are sufficient to pay all water operation and maintenance costs and all bond installment payments and produce net water revenues equal to at least 1.25 times debt service coming due and payable during such fiscal year. The City is in compliance with those covenants as of June 30,2021. Cash basis bonds debt service paid during the fiscal year ended June 30, 2021 totaled $328,032. Total water system net revenues calculated in accordance with the covenants were $815,161 and net revenue available for debt service was 2.49 times debt service at June 30,2021. 2016 Wastewater Refunding Bonds - In 2076 the City issued $3,415,000 of Wastewater Revenue Refunding Bonds. The proceeds of the issue were used for refinance of the 2008 USDA Sewer Loan Payable. Interest on the Bond is payable semi-annually on February 15 and August 15 each year, with stated interest rates ranging from 2.00%o to 4.00Yo per annum for an average coupon rate of 338%.
Principal is paid annually on August 15. The City covenants that it shall prescribe, revise and collect such charges for the services and facilites of the sewer system which shall produce revenues sufficient in each fiscal year to provide gross revenues which are sufhcient to pay all sewer operation and maintenance costs and all bond installment payments and produce net sewer revenues equal to at least 1.25 times debt service coming due and payable during such fiscal year. The City is in compliance with those covenants as of June 30,2021. Cash basis bond debt service paid during the fiscal year ended June 30, 2021 totaled $180,338. Total sewer system net revenues calculated in accordance with the covenants were $588,145 and net revenue available for debt service was 3.26 times debt service at June 30,2021. 2019 Water Solar Project Equipment Lease - See 2019 Solar Project Equipment Lease under Governmental Activity Long Term Debt for general terms of the lease agreement. The portion of the total lease liability allocated to the Water Enterprise Fund is $2,533,908. 2019 Wastewater Solar Project Equipment Lease - See 2019 Solar Project Equipment Lease under Governmental Activity Long Term Debt for general terms of the lease agreement. The portion of the total lease liability allocated to the Wastewater Enterprise Fund is $1,575,312. 29 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30 2021
Note 6 - Long-Term Liabilities (Continued)
The annual requirement to amortize the principal and interest on all long-term debt at June 30, 2021 are as follows:
GovernmentalActivities Business-TypeActivities
Years ending June 30,
2022
2023
2024
2025
2026
2027-2031
2032-2036
2037-2041
2042-2046
2047-20sr
$ 42,442 $
43,470
45,280
46,394
47,529
150,436
96,478
79,714
s 390,383
378,439
366,320
353,953
341,238
1,482,847
1,052,962
592,5t0
256,463
l g,g00
$ 5,234,014
Principal Interest Principal Interest
427,731
432,304
441,t23
455,579
455,020
2,567,503
2,378,523
2,370,284
1,640,000
535,000
$_!_s9,080 $11,703,068
18,675 $
77,356
15,997
14,588
1 3,1 38
45,973
26,857
6,496
$ ss1J33
Note 7 - Interfund Balances
Interfund balances as of June 30,2021consist of the following:
All balances reported as "due toldue from" are short-term loans to cover temporary fund cash shortages as of June 30,2021, and were repaid early in fiscal year 2021 .
Due From Due To
Major Funds:
General Fund
Community Development
$ 3,470,018 $
3,470,018
$ 3,470,019 $ 3,470,018
Balances reported as "advance to/advance from" were for capital project expendifures and have scheduled repayments in future years.
Advances From Advances To
Major Funds:
General Fund
Enterprise Funds
Sewer
Water
$ $ 815,007
735,007
80,000
$____ql_s,007 $____!1I,092
30 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30 2021
Note 8 - Deficit X'und Balance
Fund Balance Deficits - The Community Development Fund has a deficit fund balance as of June 30, 2021 of $35,025. The deficit is expected to be relieved from future revenues or transfers from other funds.
Note9-PensionPlan
Plan Description
, The City contributes to the California Public Employees' Retirement System (PERS), an agent multiple-employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost-of-living adjustments and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of Califomia. Benefit provisions and all other requirements are established by state statute and city ordinance. Copies of PERS' annual financial report may be obtained from their Executive Office - 400 P Street - Sacramento, CA 95814.
Funding Policy - Participants are required to conhibute eight percent (nine percent for safety employees) of their annual covered salary. The City contributes the employees required share for administrative and public works employees and 5Yo and 4Yo of the police and dispatchers required share, respectively.
The City is required to contribute at an actuarially determined rate; the current rate is 7.732 - 12.361 percent for non-safety employees and 13.044 - 21.746 percent for safety employees of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS.
Benefits provided - CalPERs provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries.
Benefits are based on years of credited service, equal to one year of full time employment. Members with five years of total service are eligible to retire at age 50 with statutorily reduced benefits. All members are eligible for non-duty disability benefits after 10 years of service. The death benefit is one of the following:
the Basic Death Benefit, the 1957 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost of living adjustments for each plan are applied as specified by the Public Employees' Retirement Law.
31 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 9 - Pension Plan (continued)
The Plans' provisions and benefits in effect at June 30,2021, are summarized as follows:
Miscellaneous SafeW
Hire Date
Benefit Formula
Benefit Vesting Schedule
Benefit Payments
Retirement Age
Monthly Benefits, as a%o of Eligible Compensation
Required Employee Contribution Rates
Required Employer Contribution Rates
Hire Date
Benefit Formula
Benefit Vesting Schedule
Benefit Payments
Retirement Age
Monthly Benefits, as a%o of Eligible Compensation
Required Employee Contribution Rates
Required Employer Contribution Rates
Contributions - employer
Contributions - employee
Prior to
January 1,2013
Prior to
January 1 2013
3.0Yo at 55;
maximlum2Yo
COLA
5 years service
monthly for life
55 3.00%
9.00%
2t.746%
PEPRA Safety
2.5%;o at 55;
maximum2Yo
COLA
5 years service
monthly for life
55 2.s0%
8.00%
12.36r%
PEPRA
Miscellaneous
On or After
January 1,2013
On or After
January 1,2013
2.0Yo at 62;
maximum 2olo
COLA
5 years service
monthly for life
62 2.00%
6.25Yo
7.732o/o
2.7%o at 57;
maximum2Yo
COLA
5 years service
monthly for life
57 2.70%
lt.s0%
t3.044%
Contributions - Section 20814(c) of the Califomia Public Employees' Retirement Law requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on July 1 following the notice of a change in the rate. Funding contributions for both Plans are determined annually on an actuarial basis as of June 30 by CaIPERS. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees.
For the year ended June 30, 2021, the contributions recognized as part of the pension expense is as follows:
$ 589,517
$ 186,81 1
32 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 9 - Pension Plan (continued)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions
As of June 30,2021, the City reported net pension liabilities for its proportionate shares of the net pension liability as follows:
Proportionate Share of
Net Pension Liability
Miscellaneous $
Safety
Proportion - June 30,2020
Proportion - June 30,2021
Change - Increase(Decrease)
Pension contributions subsequent to
measurement date
Change in employer's proportion
Differences between employer's contributions and
proportionate share of contributions
Differences between expected and actual
experience
Changes of assumptions
Differences between projected and actual
investment earnings
Total
Defened Outflows
ofResources
Defened Inflows
ofResources
589,517
79,026
$
(8,147)
(119,749)
289,063
(22,749)
113 105
2,r02,085
2,330,742
Total $ 4,432,827
The City's net pension liability is measured as the proportionate share of the net pension liability. The net pension liability of each Plan is measured as of June 30,2019, and the total pension liability for each Plan used to calculate the net pension liability was determined by an actuarial valuation as of June 30,2019 rolled forward to June 30, 2020 using standard update procedures. The City's proportion of the net pension liability was based on a projection of the City's long-term share of contributions to the pension plans relative to the projected contributions of all participating employers, actuarially determined. The City's proportionate share of the net pension liability for the Plan as of June 30, 2020 and 2027 was as follows:
Miscellaneous Safety
0.048s3%
0.04984%
0.0013t%
0.034s8%
0.03498%
0.00040%
For the year ended June 30, 202l,the City recognized pension expense of $880,379. At June 30,2021,the City reported defened outflows of resources and deferred inflows of resources related to pension from the following sources:
$
$ 1,070,711 $___cl!,!4t
33 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 9 - Pension Plan (continued)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions
$589,517 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liabilify in the year ended June 30, 2021. Other amounts reported as deferred outflows or resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows:
Year Ended
June 30
$ 60,995
124,356
89,854
55,333
$ 330,538
Actuarial Methods and Assumptions - The collective total pension liability for the June 30, 2020 measurement period was determined by an actuarial valuation as of June 30,2019, with update procedures used to roll forward the total pension liability to June 30,2020. The collective total pension liability was based on the following assumptions:
Valuation Date June 30,2019
Measurement Date June 30,2020
Actuarial Cost Method Entry-Age Normal Cost Method in
accordance with the requirements of
GASB Statement No. 68
Actuarial Assumptions:
Discount Rate 7.15%
Inflation 2.50%
Payroll Growth 2.50%
Salary Increases Varies by Entry Age and Service
Mortality Rate Table Derived using CaIPERS'Membership I Date for all Funds
Post Retirement Benefit Increase Contract COLA up to 2.5% until Purchasing Power Protection
Allowance Floor on Purchasing Power
applies
rThe mortality table used was developed based on CalPERS-specific data. The table includes l5 years ofmortality improvements using Society ofActuaries Scale 90% ofscale MP 2016. For more details on this table, please refer to the December 2017 experience study report (based on CaIPERS demographic data from 1 997 to 201 5) that can be lound on the CaIPERS website. 2022
2023
2024
2025
34 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 9 - Pension Plan (continued)
All other actuarial assumptions used in the June 30, 2018 valuation was based on the results of an December 2017 experience study report (based on CaIPERS demographic data from 1997 to 2015), including updates to salary increase, mortality and retirement rates. The Experience Study can be obtained at CaIPERS'website.
Change of assumptions - None.
Discount rate - The discount rate used to measure the total pension liability for PERF C was 7.l|Yo. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability. The long-term expected rate of return on pension plan investments was determined using a building-block method in which bestestimate ranges of expected future real rates of retum (expected rate of retums, net of pension plan investment expense and inflation) are developed for each major asset class.
In determining the long-term expected rate of return, CaIPERS took into account both short-term and longterm market return expectations as well as the expected pension fund cash flows. Using historical returns of all the funds' asset classes, expected compound (geometric) returns were calculated over the short-term (first l0 years) and the long-term (11+ years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of retum was set by calculating the rounded single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of refurn was then set equivalent to the single equivalent rate calculated above and adjusted to account for assumed administrative expenses.
The long-term expected real rates of return by asset class can be found in CaIPERS' Comprehensive Annual Financial Report for the fiscal year ended June 30, 2020. 35 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 9 - Pension Plan (continued)
The table below reflects long-term expected real rates of return by asset class. The rate of retum was calculated using the capital market assumptions applied to determine the discount rate and asset allocation.
The geometric rates of retum are net of administrative expenses.
Asset Class
New Strategic
Allocation
Real Return
Years 1-10
2 Real Return 3
Years I l+
Global Equity
Fixed Income
Inflation Assets
Private Equity
Real Estate
Infrastructure and Forestland
Liquidity
Total
50o/o
28%
0%
8%
t3%
0%
t%
4.80%
1.00Vo
0.77%
6.30%
3.75%
0.00%
0.00%
1olo lncrease
(8.1s%)
598%
2.62%
1.81o/o
7.23o/o
4.93%
0.00%
-0.92%
100%
rln the System's CAFR, Fixed Income is included in Global Debt Securities; Liquidity is included in Short-term Investments; Inflation Assets are included in both Global Equity Securities and Global Debt Securities 2An expected inflation of 2.0o/o used for this period
3 An expected inflation of 2.92o/o used for this period Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the City's proportionate share of the net pension liability for each Plan, calculating using the discount rate of each Plan, as well as what the City's proportionate share of the net pension liability would be if it were calculated using a discount rate that is l-percentage point lower (6.15%) or lpercentage point higher (8.15%) than the current rate:
loZ Decrease
(6.rs%)
Current
Discount Rate
(7.rs%)
Miscellaneous
Safety
$ 3,205,910 $
s 3,639,926 $
2,102,085 $
2,330,742 $
l,lgo,o3o
1,256,402
Pension Plan F'iduciary Net Position - Detailed information about each pension plan's fiduciary net position is available in the separately issued CaIPERS financial reports.
Payable to the Pension Plan
At June 30,2021, the City has no reported outstanding amount of contributions payable to the pension plan required for the year ended June 30,2021.
36 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,202t
Note 10 - Post-Employment Health Care Benefits
Plan Description
The City reported that the only OPEB provided is medical plan coverage.
Medical coverage is currently provided through CaIPERS as permitted under the Public Employees' Medical and Hospital Care Act (PEMHCA). This coverage requires the employee to satisff the requirements for retirement under CaIPERS, which requires (1) attainment of age 50 (age 52, if a new miscellaneous member to PERS on or after January 1,2013) with 5 years of State or public agency service or (2) an approved disability retirement.
As a PEMHCA employer, the City is obligated to conhibute toward the cost of retiree medical coverage for the retiree's lifetime or until coverage is discontinued. This City most recently executed resolution with CaIPERS defines the level of the City's contribution to be 100% of the retiree's monthly medical premium, but not more than $347.77 per month.
Employees Covered
Membership in the plan consisted of the following at June 30,2021:
Summary of Plan Member Counts
Number of active plan members 36
Number of inactive plan members currently receiving benefits 7 Number of inactive plan members entitled but not receiving benefits 0 Contributions
The contribution requirements of plan members and the City are established and may be amended by the City. The City determines the required contributions using the Entry Age Normal Cost Method. The required contribution is based on projected pay-as-you-go financing requirements. 37 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 10 - Post-Employment Health Care Benefits (Continued) Actuarial Assumptions
The City's net OPEB liability was measured as of June 30, 2020, and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation date as of June 30,2020.
Valuation Date
Funding Method
Asset Valuation Method
Actuarial Assumptions:
Discount Rate
Inflation Rate
Salary Increase
Health Cost Trend Rates
Retirement age
Mortality
Motality Improvement
613012020
Entry Age Normal Cost, level percent of pay
Market Value ($0, plan is not yet funded)
2.66% as of June 30,2020
2.55% as of June 30,2019
250%
3.00%
5.8% in 2021, fluctuating down to 4.0%oby 2076
From ages 50 to 75
CaIPERS 2017 Experience Study
MW Scale 2020 Generationally
Long Term Expected Rate of Return
Not applicable, the City has reported no plan assets as of June 30,2027 Discount Rate
The rate of return is based on a yield or index rate for 20-year, tax-exempt general obligation municipal bonds with an average rating of AA/Aa or higher.
38 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 10 - Post-Employment Health Care Benefits (Continued) Changes in the Net OPEB Liability
Increase (Decrease)
Total OPEB
Liability
(a)
Plan Fiduciary
Net Position
(b)
Net OPEB
Liability
(a) - (b)
Balance at O613012O (Measurement Date )
Changes for the year:
Service cost
Interest
Differences between expected and actual experience
Changes of assumptions
Contributions - employer
Benefit payments
Net changes
Balance at O613012l (Measurement Date )
1o% Decrease
(1.66%)
$ 4,569,422 $
341,639
136,485
(208,191)
(798,744)
$ 4,569,422
38,271
(38,271)
341,639
136,495
(208,191)
(798,744)
(38,271)
(38,271)
(567,082) (s67,082)
$ 4,002,340 $ $ 4,002,340
The only assumption change reflected during this period is the change in the discount rates as required by GASB 75.
Sensitivity of the City's Net OPEB Liability to Changes in the Discount Rate The following presents the net OPEB liability of the City, as well as what the net OPEB liability would be if it were calculated using a discount rate that is I percentage-point lower or 1 percentage-point higher than the current rate:
Discount Rate
(2.66%)
l o/o Increase
(3.66%)
Net OPEB liability $ 4,887,917 $ 4,002,340 $ 3,318,373
Sensitivity of the City's Net OPEB Liability to Changes in the Healthcare Cost Trend Rates The following presents the net OPEB liability of the City, as well as what the net OPEB liability would be if it were calculated using a healthcare cost trend rate that is I percentage-point lower or I percentagepoint higher than the current rate:
Current Ttend -lo/o Current Trend Current Trend +l%
Net OPEB liability $ 3,187,337 $ 4,002,340 $ 5,111,945
Healthcare cost trend rate was assumed to start at 5.8Yo (effective January 1,2021) and grade down to 4% for years 2076 and thereafter.
39 CITY OF FIREBAUGH
NOTES TO BASIC F'INANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 10 - Post-Employment Health Care Benefits (Continued) OPEB Expense and Deferred Outflows/Inflows Related to OPEB For the year ended June 30, 2021, the City recognized OPEB expense of $384,750. At June 30,2021, the City reported defened outflows of resources and defened inflows of resources related to OPEB from the following sources:
Deferred Outflows
ofResources
Defened Inflows
ofResources
OPEB contributions subsequent
to measurement date $
Assumption changes
Ditfbrences between expected and
actual experience
44,420
242,041
$
(9t3,244)
(188,790)
$ 296,46t $ (1,102,034)
The City will recognize the defened contributions in the next fiscal year. Other amounts reported as deferred outflows of resources related to OPEB will be recognized as OPEB expense as follows:
Year Ended
June 30:
$ (93,37s)
(93,375)
(93,375)
(93,375)
(93,375)
(393,1 18)
$__l!:2p91)
2022
2023
2024
202s
2026
Thereafter
Total
40 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 11 - Deferred Outflows/Inflows of Resources
In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows or resources. This separate financial statement element, defened outflows of resources, represents a consumption of net position or fund balance that applies to a future period(s) and thus, will not be recognized as an outflow of resources (expense/expenditure) until then. The City has two items to report in this category:
The City has $1,070,711 in pension related items that qualifu to be reported in defened outflows of resources. The pension related deferred outflows of resources are described in Note 9.
The City has $286,461 in other post-employment benefit related items that qualif to be reported in deferred outflows of resources. The other post-employment benefit related deferred outflows of resources are described in Note 10.
In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represent an acquisition of net position or fund balance that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City has three items to report in this category:
The City has $150,645 in pension related items that qualiff to be reported in deferred inflows of resources. The pension related deferred inflows of resources are described in Note 9.
The City has $1,102,034 in other post-employment benefit related items that quali$ to be reported in deferred inflows of resources. The other post-employment benefit related defened inflows of resources are described in Note 10.
Unavailable revenues arise only under a modified accrual basis of accounting and is reported only in the governmental funds balance sheet. The City has $1,711,270 in notes and loans receivable reported in the Housing Fund as deferred inflows of resources reported for unavailable revenues. a
a
a
a
a
41 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 12 - Risk Management
The City participates with other public entities in a joint venture under a joint powers agreement which establishes the Central San Joaquin Valley Risk Management Authority (CSJVRMA). The relationship between the City and CSJVRMA is such that CSJVRMA is not a component unit of the City for financial reporting purposes.
The City is covered for the first $1,000,000 of each general liability claim and $500,000 of each worker's compensation claim through the CSJVRMA. The City has the right to receive dividends or the obligation to pay assessments based on a formula which, among other expenses, charges the City's account for liability losses under $10,000 and workers' compensation losses under $10,000. The CSJVRMA purchases excess reinsurance from $1,000,000 to $15,000,000. The CSJVRMA participates in an excess pool which provides Workers' Compensation coverage from $500,000 to $1,500,000 and purchases excess reinsurance above $1,500,000 to the statutory limit.
The CSJVRMA is a consortium of 55 cities in San Joaquin Valley, California. It was established under the provisions of California Government Code Section 6500, et. seq. The CSJVRMA is governed by a Board of Directors, which meets three to four times each year, consisting of one member appointed by each member city. The day-to-day business is handled by a management group employed by the CSIVRMA.
The financial statements of CSJVRMA can be obtained at 1831 K Street, Sacramento, CA 95814.
The latest audited financial information and the most current information available for CSJVRMA for fiscal year ended June 30, 2020 is as follows:
Total assets
Total liabilities
Net position
Total revenues
Total expenses
Increase/(decrease) in net position
s 140,373,479
120,609,737
$ 19,764,342
$ 58,244,856
57,261,330
$ 983,s26
42 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30,2021
Note 13 - Stewardship, Compliance and Accountability
Excess of expenditures over appropriations - The following funds incurred expendifures in excess of appropriations in the following amounts for the year ended June 30,2021:
General Fund:
Current
General government
Public protection
Community development
Capital outlay
Debt Service
Principal
$
$
s
$
$
(t79,666\
(157,698)
(172,926)
(192,219)
(34,000)
Community Development Fund
Capital outlay $(2,069,742)
The excess expenditures were covered by excess revenues during the fiscal year.
Note 14 - Contingencies
Federal and State Government Programs - The City participates in several federal and state grant programs. These programs have been audited, as needed, in accordance with the provisions of the Uniform Guidance and applicable state requirements. No cost disallowances were proposed as a result of these audits. However, these programs are still subject to further examination by the grantors and the amount, if any, of expenditures, which may be disallowed by the granting agencies, cannot be determined at this time. The City expects such amounts, if any, to be immaterial.
Note 15 - Subsequent Events
The City evaluated subsequent events for recognition and disclosure through February 24,2022 the date which these financial statements were available to be issued. Management concluded that no material subsequent events have occurred since June 30, 2021 that required recognition or disclosure in such financial statements.
43 RE D SUPPLEMENTARY INFORMATION
CITY OF FIREBAUGH
BUDGETARY COMPARISON SCHEDULE
GENERAL F'UNI)
YEAR ENDED JUNE 30,2021
Budgeted Amounts Actual
Amounts
Variance with
Final Budget
Positive/
Original Final (Negative)
Revenue
Taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Investment income
Other
Total revenue
Expenditures
Current
General government
Public ways and facilities
Public protection
Culture and recreation
Community development
Capital outlay
Debt Service
Principal
Interest
Total expenditures
Other Financing Sources/(Uses)
Sales of assets
Total other financing sources(uses)
Net Change in Fund Balance
X'und Balance
Beginning of year
End ofyear
3,948,609 3,948,609 5,314,944 1,366,335
$ 2,491,490 $
228,290
394,649
612,445
20,000
25,690
176,055
2,491,490 $
228,290
394,649
612,445
20,000
25,680
176,055
3,381,555 $
639,801
454,814
647,731
35,989
10,320
144,734
890,065
411,511
60,165
35,286
15,989
( 15,360)
(31,321)
275,357
808,925
2,149,480
318,324
220,006
5,300
275,357
808,925
2,149,480
318,324
220,006
5,300
455,023
667,044
2,307,178
143,456
392,932
197,519
34,000
(t79,666)
141,881
(157,698)
174,868
(172,926)
(192,219)
(34,000)
36.317 36,317 t9 820 16,497
3,913,709 3,813,709 4,276,972 (403,263)
Revenue over (under) expenditures 134,900 134,900 7,097,972 963,072 600 600 50 (ss0)
600 600 50 (ss0)
$-_n$9q $ 135,500 1,098,022 $ 962,522
5,289,220
g 6,387,242
44 CITY OF FIREBAUGH
BUDGETARY COMPARISON SCHEDULE
COMMUNITY DEVELOPMENT FUND
YEAR ENDED JUNE 30,202t
Budgeted Amounts Actual
Amounts
Variance with
Final Budget
Positive/
(Nesative)
Revenue
Intergovernmental
Total revenue
Expenditures
Current
Community development
Capital outlay
Total expenditures
Net Change in Fund Balance
Fund Balance
Beginning of year
End ofyear
Original Final
$ 8,917,096 $ 8,917,096 $ 6,937,820 $ (1,979,276)
8,917,096 g,917,096 6,937,820 (1,979,276)
4,406,226
2,160,970
4,406,226
2,160,970
2,707,270
4,230,612
l,699,016
(2,069,742)
Revenue over (under) expenditures 2,350,000 2,350,000
6,567,096 6,567,096 6,937,822 (370,726\
(2) (2,350,002)
$ 2,350,000 s 2,350,000 (2) $ (2,350,002)
(35,023)
$ (35,025)
45 CITY OF FIREBAUGH
SCHEDULE OF CIIANGES IN CITY'S NET OPEB LIABILITY AND RELATED RATIOS LAST 10 YEARS*
AS OF JUNE 30,2021
Fiscal Year Ending
Measurement Date
Discount Rate on Measuremenl Date
Total OPEB liability
Service cost
Interest
Diflerences between
expected and actual
experience
Changes ofassumptions
Net investment income
Net change in total OPEB liability
Total OPEB liability - beginning
Total OPEB liability - ending
C ov er e d-e mp loye e payro I I
Net OPEB liability as a ok of covered payroll
$ 4,002,339 $ 4,569,422
2021 2020 2019 2018
$ 341,640 $
136,485
(208,193)
(798,744)
6/30t2020
2.66%
(s67,083)
4,569,422
3t3,522 $
127,822
6130120t9
2.79"/o
16s,842
580,043
3,989379
6t30/2018
2.98Yo
286,261 $
1,1t6,721
6t30/20t7
3.13"/o
314,83 I
98,956
(320,608)
68,988
3,389,661
$ 3,458,649
159,327
1,530,730
3,458,649
$ 4,989,379
$ 2,153,482 $
1860/o
2,056,534 $
2220/"
2,004,877 $
2490/"
1,976,550
175o/o
Notes to Schedule:
Changes of assumptions : Changes of assumptions and other inputs reflect the effects of changes in the discount rate each period.
Discount rates used in each period are illustrated above. * GASB 75 requires presentation of the l0-year history of changes in the Net OPEB Liability. Only results for years srnce GASB 75 was implemented are shown in the table.
46 CITY OF FIREBAUGH
SCHEDULE OF THE CITY'S PROPORTIONATE SHARE OF NET PENSION LIABILITY LAST IO YEARS*
AS OF JUNE 30,2O2I
Miscellmeous
hoportion ofthe net pension Proportionate shile ofthe net liability pension liability Covered - employee payroll covered-employee payroll Plm's fiduciary net position Pension Liability Proportionate shre ofthe net
pension liabiliry as a
percentage of
89.88%
10836%
140.29o/o
t68.71%
160.74o/o
l13.l1o/o
169.95o/o
Plm's fiduoiary not position
as a percentage ofthe Total
80j7%
77.50%
73.90o/o
72.63%
75.35o/o
80.94%
74.660/o
2015
2016
20t7
201 8
2019
2020
202t
0.04155o/o
0.04681%
0.04584o/o
0.046470/o
0.04743%
0.03340%
0.049840/"
1,026,968
1,284,t49
1,592,387
t,831,727
|,787 ,565
1,33?,483
2,1 02,085
1,142,658
I,1 8s,040
t,t35,047
I,085,707
I,1 12,066
1,1 82,459
1,236,894
4,258,380
4,422,483
4,s09,211
4,859,986
s,46s,496
5,679,947
6,t92,635
Safety
Proportionats shile ofthe net
pension liability as a
hoportion ofthe net pension Proportionate shse ofthe net percentage of liability pension liability Covered - employee payroll covered-employ€e payroll Plm's fiduciary net position Plm's fiduciary net position
as I percentage ofthe Total
Pension Liability
201 5
20t6
2017
201 8
20t9
2020
2021
0.04t23%
0.03571o/o
0.03579o/o
0.03484o/o
0.03472%
0.03458o/o
0.03498%
I,546,43t $
1,471,316 $
1,8s3,650 $
2,08t,461 s
2,036,936 $
2,158,923 $
2,330,725 $
799,827
692,s01
692,040
683,756
726,367
740,988
77t,654
t9335%
212.460/o
267.85o/o
30412%
280.43o/o
29136%
302.04%
s,t22,434
5,447,021
s,543,143
6,046,601
6,66s,4s6
6,988,249
7,309,665
76.81o/o
78.730/o
74.940/"
7439%
76.59%
76.40%
7s.82%
$
$
$
$
$
s
$
*Fiscal year 2014-15 was the first year ofimplementation, therefore only seven years are shown.
Changes of Assumptions: None.
47 CITY OF FIREBAUGH
SCHEDULE OF CONTRIBUTIONS
LAST 10 YEARS*
AS OF JUNE 30,2021
Contractually required
contribution (actuarially
determined)
Contributions in relation to
the actuarially determined
contributions
Contributions defi ciency
(excess)
Contributions as a percentage
Covered-employeepayroll ofcovered-employeepayroll
Miscellaneous:
2015
2016
20r7
2018
2019
2020
2021
ll5,l54 $
200,t12 $
178,195 $
194,343 $
195,432 $
224,323 $
257,851 $
t45,022 $
234,881 $
224,508 $
240,914 $
260,48s $
297,385 $
261,485 $
(115,154) $
(200,112) $
(178,r95) $
(1e4,343) $
(195,432) $
(224,323) s
(2s7,851) $
(145,022) $
(234,881) $
(224,s08) $
(240,e14) $
(260,485) $
(2e7,385) $
(261,485) $
Safety:
2015
2016
20t7
20r8
2019
2020
2021
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1,142,658
I, I 85,040
r,135,047
t,085,707
t,t12,066
t,182,4s9
1,236,894
799,827
692,501
692,040
683,756
726,367
740,988
77r,654
10.85%
10.85o/o
1s.70%
17.90o/"
17.57o/o
18.97o/o
20.85o/o
18.13%
33.92%
32.44o/o
35.23o/o
35.86%
40.r3%
33.89o/o
*Fiscal year 2014-15 was the first year ofimplementation, therefore only seven years are shown. 48 SUPPLEMENTAL ONLY INFORMATION
CITY OF FIREBAUGH
COMBINING BALANCE SHEET
NON-MAJOR GOVERNMENTAL SPECIAL REVENUE FUNDS
JUNE 30,2021
Gas Tax
Local
Trsnsportation
Mesure C
Futrds
Landscape
Mrintenance
Public
Srfety sBl Totrl
ASSETS
Cash md investrnents
Due from other govements
Total assets
LIABILITIES ANII FUND BALANCE
Liabilities
Accouts payable md accrued expense
Accrued salries md benefits
Total liabiliti€s
Fund Balatrce
Restricted
Public ways md facilities
Public saf€ty progrms
Total fmd balmce
Total liabilities md fmd balmce
$ t96,943 $ 479,031
43,606
10,0s4 $
790
s22,637 939,802 10,054
$ 908,012 $ 234,979s 207,158$ 2,036,17'l
196,943
41,018 26,962 143,376
2',75,997 234,t20 2,179,553
14,365
1,402
21,408
3,972
s1 ?19
7,22t
10,628
2,0'ts
6t2 t39,127 239,479
50'l t5,t'17
t5,767 25,380 60,560 l,ll9 t2,703 t39,t27 254,656
1,661,603
263,294
1 81,176 497,257 879,242 8,935 94,993
263,294
181.176 49',1.257 I'19.242 8,935 263,294 94,993
196,943 $ 522.637 s 939,802 $ 10,054 I 275,997 $ 234,120 1,924,897
$ 2,179,553
49 CITY OF FIREBAUGH
COMBINING STATEMENT OF REVENUE, EXPENDITURES AND CIIANGES IN FTJND BALANCE
NON-MAJOR GOVERNMENTAL SPECIAL REVENUE FUNDS
YEAR ENDED JUNE 30,2021
Locd Mcasure C
Fuds
Lrndicrpe
Gas Tu Meint€nmce Public Safcty sBl Totd
Revenue
Tues md msessments
Intergovemmtal
lnvesEnent income
Total revenue
$
176,185
512
lt7920
I, l8l
30s,736
1,237
38,214
166
228,677
474
147,956
38,2t4
976,474
3,570
$ $ s s s
176,697 I 19,101 306,973 38,380 229,151 141,956 1,0 18,258 Exlrcnditures
Cment
Public ways md facilities
Public safety
Capital outlay
Total exp€nditures
I 18,455
18,708
t26,837
27,513
136,198
46,968
35,027 28,627-
138,760
445,144
t36,179
250,452
136,179
18,503
137,163 154,350 183,166 35,O27 154,682 167.387 831.775
Revmuo over (uder) expmditwes
Changc in Fund Bdmcc
Fmd Balmce
Begiming of yer
End ofyeu
39,534
39,s34
(35,249)
(35,24e)
t23,807
123,807
3,353
3,353
74,469
74,469
(19,431)
(1e,431)
tt4,424
186,483
186,483
14t.642 532.506 755,435 5,582 188,825 t.738,414
$ 181,176 $ 497,2s7 g 879,242 S 8,935 263,294 $ 94,993 $ t,924,897 50 CITY OF FIREBAUGH
SCHEDULE OF NET REVENUE AVAILABLE FOR DEBT SERVICE
JUNE 30,2021
Operating Revenue
Charges for services
Waste Discharge fees
Toma Tek Service and Reimbursement Revenue
Other revenue/(expenses)
Total Available Revenues
Operating Expense
Personnel
Utilities
Supplies and materials
Maintenance and operations
Contractual services
Other expenses
Total operations and maintenance
Nonoperating Revenue/(Expense)
Investment income
Total nonoperating revenue/(expense)
Total Net Revenue Available for Debt Service
Debt Service Requirements
2013 Water Revenue Refunding Bond
2016 Water Refunding Bond - Series 20164
2016 Wastewater Refunding Bond - Series 2016A
Total Debt Service
Net Revenue after Debt Service
Debt Service Coverage Ratio
Rate Stabili zation Fund:
Beginning balance at July 1,2020
Transfer to Water Enterprise Fund
Ending balance at June 30,2021
Business-Type Activities - Enterprise Funds
Sewer Water
1,552,507 $
14,406
77,615
(122)
1,941,325
14,081
1,644,406 1,855,406
$
650,054
65,441
59,622
82,331
128,353
77,275
582,714
154,771
109,242
77,598
68,761
54,953
1,063,076 l,04g,03g
588,145
180,338
815
6,815
7 794
7 794
815, t 6l
123,244
204,788
180,338 328,032
$ 407,807 re
3.26 2.49
$ $ 135,000
$ $ 135,000
5T
BRYANT L.JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L.Jolley C.P.A.
Ryan P.Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
I-an T. Kimoto
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL
OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER
MATTERS BASED ON AN AUDIT OF F'INANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and City Council
City of Firebaugh, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the govemmental activities, the businesstype activities, each major fund, and the ag$egate remaining fund information of the City of Firebaugh, California, (the "Crty") as of and for the year ended June 30, 2027, and the related notes to the financial statements, which collectively comprise Crty's basic financial statements, and have issued our report thereon dated February 24,2022.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal conhol) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City's internal control. Accordingly, we do not express an opinion on the effectiveness of City's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material wealcness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A signfficant deficiency is a deficiency, or a combination of deficiencies, in intemal control that is less severe than a material weakness, yet important enough to merit attention by those charged with govemance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identiff all deficiencies in intcrnal control that might be material weaknesses or significant deficiencies and therefore, material weaknpesses or significant deficiencies may exist that have not been identified.
9o1 "N" STREET, SUITE 1o4 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 Compliance and Other Matters
As part of obtaining reasonable assurance about whether City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.
However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's intemal control and compliance. Accordingly, this communication is not suitable for any other purpose.
February 24,2022
53 BRYANT L. OLLEY
CERTIFIED PUBLIC Bryant L.Jolley C.P.A.
Ryan P.Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
LanT. Kimoto
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR
EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE
REQUIRED BY THE UNIFORM GUIDANCE
To the Honorable Mayor and City Council
City of Firebaugh, California
Report on Compliance for Each Major Federal Program
We have audited the City of Firebaugh's (the City) compliance with the types of compliance requirements described inthe OMB Compliance Supplement that could have a direct and material effect on the Crty's major federal program for the year ended June 30, 2021. The City's major federal program is identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs.
Managementrs Responsibility
Management is responsible for compliance with the federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.
Auditor's Responsibilify
Our responsibility is to express an opinion on compliance for each of the C$'s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part200, Unifurm Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for the major federal program. However, our audit does not provide a legal determination of the Crty's compliance.
Opinion on Each Major Federal Program
In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30,2021.
901 "Fi" s]'RgtrT,iittITF, l0+ FIREBT\LIGIL CT\LIFORN-IA 93622 PHONS 559.ti59.304ir FAX 559.{i59.{J01.'r Report on Internal Control Over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal conhol over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the eflectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Crty's internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material wealcness in internal control over cornpliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit affention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identi$ all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identiff any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
February 24,2022
55 CITY OF FIREBAUGH
SCHEDULE OT'EXPENDITURES OF FEDERAL AWARDS
YEAR ENDED JUNE 30,2021
Federal Grantor/Pass-through
Grantor/Program Title
Federal
CFDA
Number
Agency or
Pass-through
Number
Federal
Expenditures
U.S. Department of Housing and Urban Development (HUD)
Passed through California Department of Housing and Community Development
Community Development Block Grants/State's program
and Non-Entitlement Grants in Hawaii 14.228
Community Development Block Grants/State's program
and Non-Entitlement Grants in Hawaii 14.228
Community Development Block Grants/State's program
and Non-Entitlement Grants in Hawaii 14.228
Total Community Development Block Grants/State's program and Non-Entitlement Grants in Hawaii
Total U.S. Department of Housing and Urban Development (HUD) U.S. Department of Transportation Highway Planning and Construction Passed through State of California Department of Transportation Highway Planning and Construction 20.205
Highway Planning and Construction 20.205
Highway Planning and Construction 20.205
Highway Planning and Construction 20.205
Highway Planning and Construction 20.205
Total Highway Planning and Construction
Total U.S. Department of Transportation Highway Planning and Construction l7-CDBG-12016 $ 5,112,228
r8-CDBG-12911 28,234
2O-CDBG-12000 1,345,358
6,485,820
6,485,820
9TPL-s224(024)
sTPL-s224(02s)
cML-s224(023)
cI|lL-s224(026)
cML-s224(027)
237,941
773,207
13,488
9,743
7,268
U.S. Department of the Treasury
Passed through State of Califomia Department of Finance COVID-19 Coronavirus Relief Fund
Passed through County ofFresno
COVID-19 Coronavirus Relief Fund
Total COVID-I9 Coronavirus Relief Fund
Total U.S. Department of the Treasury
21.019
21.019
447,647
441,647
98,542
132,505
231,047
237,047
Total Federal Expenditures $ 7,158,514
56 CITY OF FIREBAUGH
NOTES SCHEDULE OT' EXPENDITURES OX' FEDERAL AWARDS
YEAR ENDED JUNE 30,2021
Note 1 - Significant Accounting Policies
The accompanying Schedule of Expenditures of Federal Awards (SEFA) presents the activity of all federal award programs of the City of Firebaugh, California (the City). Federal awards received directly from federal agencies as well as federal awards passed through other nonfederal agencies, primarily the State of Califomia, are included in the SEFA. The City's reporting entity is defined in Note I to the Crty's basic financial statements.
Note 2 - Basis of Accounting
The accompanying SEFA is presented using the modified accrual basis of accounting for grants accounted for in the governmental fund types and the accrual basis ofaccounting for grants accounted for in the proprietary fund types, as described in Note I to the City's basic financial statements. The information in the SEFA is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) part 200 Unifurm Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Therefore, some amounts presented in, or used in the preparation of, the SEFA may differ from amounts presented in the basic financial statements.
Note 3 - Catalog of Federal Domestic Assistance (CFDA) Numbers The CFDA numbers included in the accompanying SEFA were determined based on program nalne, review of grant contract information, and the Office of Management and Budget's Catalog of Federal Domestic Assistance.
Note 4 - Relationship to the Financial Statements
Expenditures of federal awards are reported in the City's basic financial statements as expenditures/expenses in the General Fund, nonmajor special revenue funds, nonmajor capital project funds, and the enterprise funds.
Note 5 - Indirect Cost Rate
The City did not elect to use the lUYo de minimus cost rate as covered in 2 CFR $200.414. 57 CITY OF FIREBAUGH
SCHEDULE OF FINDINGS AND QUESTTONED COSTS
YEAR ENDED JUNE 30,2021
A. Summary of Auditor's Results
Financial Statements
Type of auditor's report issued:
Internal control over financial reporting:
r Material weaknesses identified? n
. Significant deficiencies identified that are
not considered to be material weaknesses? n
. Non-compliance material to financial
statements noted? n
Federal Awards
Internal control over major programs:
o Material weaknesses identified? I
. Significant deficiencies identified that are
not considered to be material weaknesses? I
Type of auditor's report issued on compliance for
major programs:
Any audit findings disclosed that are required to
be reported in accordance with 2 CFR 200.516(a)? tr
Identifrcation of Major Programs
CFDA Number
Unmodified
Yes No
Name of X'ederal Program or Cluster
Unmodified
Yes
Yes
Yes
Yes
Yes
No
None reported
No
No
None reported
B.
c
14.228
Dollar threshold used to distinguish between
Type A and Type B programs:
Auditee qualified as low-risk auditee?
Findings - Financial Statements Audit
None noted.
Community Development Block GranVState's
Program and Non-Entitlement Grants in Hawaii
$750,000
Yes No
Findings and Questioned Costs - Major Federal Award Programs Audit None noted.
58 CITY OF FIREBAUGH
SUMMARY SCHEDULE OF'PRIOR AUDIT F'INDINGS
YEAR ENDED JUNE 30,2021
Summary Schedule of Prior Audit Findings
There were no prior year audit findings.
59 Crrv or FTnnBAUGH
MaN,q.cEMENT Rnponr
TABLE OF'
CONTENTS
Required Communications
Pase
l-3
BRYANT L.JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L.Jolley C.P.A.
Ryan P.Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
I-an T. Kimoto
To the Honorable Mayor and City Council
City of Firebaugh, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Firebaugh for the year ended June 30, 202l.Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and, if applicable, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated May 10,2021.
Professional standards also require that we communicate to you the following information related to our audit.
Sienifi cant Audit Findines
Qualitative Aspects of Accounting Practices
Management is responsible forthe selection and use of appropriate accounting policies. The significant accounting policies used by City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2021. We noted no transactions entered into by City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City's financial statements were:
Management has determined the economic useful lives of fixed assets based on past history of similar types of assets, future plans as to their use, and other factors that impact their economic value to the City. We evaluated the key factors and assumptions used by management in computing depreciation expense and believe that it is reasonable in relation to the financial statements taken as a whole.
Management's estimate of the allowance fbr doubtful accounts is based on an evaluation of collectability primarily focused on past due accounts. We evaluated the key factors and assumptions used to develop the allowance for doubtful accounts in determining that it is reasonable in relation to the financial statements as a whole. go1 "N" STREET, SUITE ro4 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 Management's estimate of the net pension liability and Net OPEB liability and related deferrals is based on actuarial valuations which include significant assumptions regarding discount rate, inflation, payroll growth, projected salary increases and investment rate of return. We evaluated the key factors and assumptions used to develop the liability and related deferrals in determining that it is reasonable in relation to the financial statements taken as a whole.
The financial statement disclosures are neutral, consistent, and clear Dfficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole.
D i s agr ee m e nts w ith Managem ent
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit.
Manag em e nt Repr e s ent at i ons
We have requested certain representations from management that are included in the management representation letter dated February 24,2022.
Management C onsultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain sifuations. If a consultation involves application of an accounting principle to City of Firebaugh's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as City of Firebaugh's auditors.
However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
2 Other Matters
We applied certain limited procedures to the Budgetary Comparison Schedules, Proportionate Share ofNet Pension Liability, and Schedule of Contributions which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
We were engaged to report on supplementary information, as listed in the table of contents, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
Restriction on Use
This information is intended solely for the information and use of the City Council and management of City of Firebaugh and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
February 24,
3 MEETING MINUTES
The City CounciVSuccessor Agency of the City of Firebaugh Vol. No. 22102-07
PURSUANT TO PARAGRAPH II OF EXECUTIVE ORDER N-25-20,
EXECUTED BY THE GOVERNOR OF CALIFORNIA ON MARCH I2,2O2O City Council Meeting held via teleconferencing
*Pursuant to Government Code Section 54953 (b) (2), all action taken during this teleconferenced meeting shall be by roll call vote.
Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
ABSENT:
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh,CA 93622
February 7, 20221 6:00 p.m.
Meeting called to order by Mayor Jenkins at 6:00 p.m.
Mayor Brady Jenkins
Mayor Pro Tem Felipe Perez
Council Member Elsa Lopez
Council Member Freddy Valdez
Council Mernber Marcia Sablan
OTHERS: City Attomey James Sanchez; City Manager/Acting Public Works Director, Ben Gallegos; Deputy Clerk, Rita Lozano; Finance Director, Pio Martin; Police Chief, Sal Raygoza; Fire Chief, John Borboa; City Planner, Karl Schoettler, Deron Colby, Josh Black, Lovie Sidhu, Manny, Beeta Pisheh, Joey Daggett, Bethany Matos (WHC), Marc Benjamin (Brian Pacheco's Office), Frank Kavanaugh, Barigye McCoy Amy Flerning, & others.
PLEDGE Of'ALLEGIANCE Cily Manager Ben Gallegos led pledge of Allegiance.
APPROVAL OF'THE AGENDA
Motion to approve agenda by Council Member Sablan, second by Council Member Valdez, motion passed by 5-0 vote.
PUBLIC COMMENT None
PRESENTATION None
CONSENT CALENDAR
1. APPROVAL OF'MINUTES - The Citv Council reeular meetine on Januarv 3. 2022.
Motion to apprcve Consent Calendar by Council Member Lopez, second by Council Member Valdez, motion passed by 5-0 vote.
PT]BLIC HEARING
2. MOTION TO RENEW CONSIDERATION OF ORDINANCE NO. 22-01 AND CONSIDERATION OF
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FIREBAUGH AND ELEMENT 7 LLC _SF"Cr|NII RF"ADIN(].
Motion to renew consideration of Ord. No. 22-01 by Council Member Vsldez, second by Council Member Sablan, motion passed by 5-0 vote.
Opening hearing at 6:08 pm - No comment given .- Close hearing at 6:09 pm Motion to approve Ord. No. 22-01 by Council Memher Valdez, second by Council Member Sablan, motion passed by 3-2 vote. Jenkins and Lopez- no vote.
City Council Minutes
February 7,2022
Page2
3. ORDINANCE NO. 22-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'F'IREBAUGH AMENDING MTJNICIPAL CODE SECTION 25-41.13.6 RELATING TO LIMITED COMMERCIAL CAIINABIS OPERATIONS PI]RSUAI\T TO REGULATORY PERMIT-FIRST READING.
Attorney Sanchez reported q,mendments via Ordinqnce No 22-02, adding hot houses & all Development Agreements will no longer go before the Planning Commissionfor approval, all Development Agreements will only be approved by the City Council. Opening hearing at 6: 14 pm - No public comment given .- Close hearing at 6:15 pm Motion to waive the ftrst reading of Ord. No. 22-02 by Council Member Valde6 second by Council Member Sablan, motion passed hy 5-0 vote.
NEW BUSINESS
4. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO DISCUSS AIID CONSIDER CEN CAL
BUILDERS REOUEST CONSIDERATION OF NEW PROPOSED CONSTRUCTION OF'DIAZ STREET REGARDINGTHE DEL RIO ESTATES.
Motion to apprcve a deferment on construction cost for Diaz Street to a later date & authorize the City Manager to negotiate impactfees to help Cen Cal with other expenses by Council Member Sablan, second by Council Member Valde6 motion passed by 4-1 vote. fenkins - no vote.
5. RESOLUTION NO. 22-01 - A RESOLUTION OF'THE CITY COTJNCIL OT' THE CITY OF FIREBAUGH APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS.
Motion to approve Res. No. 22-01 by Council Member Sablan, second by Council Member Perez, motion passed by 5-0 vote.
6. RESOLUTION NO. 22-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING EMPLOYMENT AGREEMENT FOR BENJAMIN GALLEGOS.
Motion to approve Res. No. 22-02 by Council Member Lopez, second by Council Member Perez, motion passed by 5-0 vote.
7. RESOLUTION NO. 22-03 - A RESOLUTION OT'THE CITY COUNCIL OT'THE CITY OF'FIREBAUGH AUTHORIZING SI.JBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH F'IREBAUGH IS ELIGIBLE.
Motion to approve Res. No. 22-03 by Council Member Lopez, second by Council Member Valdez, motion passed by 5-0 vote.
8. RESOLUTION NO. 22-04 - A RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF FIREBAUGH AUTHORIZING USE OF EMERGENCY REMOTE TELECONFERENCING PROVISIONS.
Motion to approve Res. No. 22-04 by Council Member Valdez, second by Council Member Sablan, motion passed by 5-0 vote.
9. RESOLUTION NO. 22-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'FIREBAUGH AMENDING MASTER FEE RESOLUTION RELATING TO ANNUAL LICENSE FEES FOR BUSINESSES.
TRADES AND PROFESSIONS.
No sction taken; Council Member Sablsn tequest a sample of the education flyer at the next meeting.
10. RESOLUTION NO. 22-06 - A RESOLUTION OF'THE CITY COI.]NCIL O['THE CITY OF'F'IREBAUGH EXTENDING THE CONTRACT WITH GOUVEIA ENGINEERING. INC. FOR THE ON-CALL
ENGINEERING SERVICES F'OR F'EDERALLY F'UNDED TRANSPORTATION PROJECTS FOR THE CITY OF 'IREBAUGH AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
Motion to apprcve Res. No. 22-06 by Coancil Member Vsldez, second by Council Member Lopex,, motion passed by 5-0 vote.
City Council Minutes
February 7,2022
1T. THE CITY COUNCIL OF THE CITY OF FIREBAUGH DISCUSS AND CONSIDER AMENDING FEES TO ORDINANCE NO.92-2 -ITINERANT BUSINESS LICENSES F'EES.
Inform atio n al ite m o nly
STAT'F REPORTS
Y Police Chief SaI Ravpoza - January was a challenge as far as staffing, dept. was short staffed due to illnesses, a few officers are currently doing background checks with other police departments, so we will have interviews for new officers and dispatchers. Working on a grant application.
Y Finsnce Director, Pio Martin - "TextMyGov" app is working, ws've had quit a few people sign up, about 39 individuals to receive reports, 80 signed up for notifications, such as City Hall will be closed on Friday. Auditors are almost done with the report and are working on a draft report.
Y Denutv Citv Clerk, Rits Lozqno - Form 700 is due April 1, 2022, complete to avoid fines.
Y Citv Attornev, James Sanchez - nothing to report"
Y Bethsnv Matos, Associste Deqn of North Disttict Center - Building construction is on tract, everything is looking good.
Y Citv Mqnasen Ben Gallesos - thanked council for contract extension, attended League of Cities Conference- they spoke of change & how we must adopt to new technology to move forward. Thanked Attorney Sanchez, learned most City Managers don't really get along with their Attorneys, that hasn't been an issue with Jim. He's been easy to work with. Fresno County set some funds aside to assist with the HUD Tank, so I want to thank Marc Benjamin.
Y Council Member Lopez - City passed Resolution to continue web meeting, but I would like to go back to open meeting, since I have trouble with computers & I don't feel it's fair to the people that want to attend.
Y Council Member Sablsn - ask for the electric board to be extended in length of time so people can read the messages.
Y Council Member Yaldez - Congratulated Ben & Mario on their renewed contracts, the community has grown, and it takes everyone working together to make things happen. We all need to move forward & make changes.
D Council Member Perez - Thank all of you, like Valdez said, I've been home for two weeks due to illness, the five of us are on Council, because we love our community & I'm grateful for that.
Y Council Member Jenkins - thanked everyone for attending, please show your faces on the screen. Asked Ben to follow-up on the Street Sweeper, would like to look at the contract and expenses to repair. City Manager replied it's been down 7 it's been difficult to find anyone that can repair the GNC, found a mechanic out of state & offered to fly him here, but he declined. Recommendation is to budget for a new one at the next budget.
CLOSED SESSION
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Motion to adjourn at 8:50 pm by Council Member Valdez, second by Council Member Perexo motion passes by a 5-0 vote.
GENERAL WARRANTS ............ ...........# 42187 - #42329 PAYROLL WARRANTS............. ...........# 7 | 649 - #7 I 67 I
REPORT TO CITY COUNCIL
ME,MORANDUM
g r.242.40s.s4 $ 126.31s.90
AGENDA ITEM NO:
COANCIL MEETING DATE: March 07,2022
SUBJECT: Warrant Register Dated: December l, 2021- December 31, 2021 RECOMMENDATION:
In accordance with Section 37202 of the Government Code of the State of California there is presented here with a summary of the demands against the City of Firebaugh covering obligations to be paid during the period of:
DECEMBER I, 2O2T - DECEMBER 3 I, 2O2I
Each demand has been audited and I hereby certiff to their accuracy and that there are sufficient funds for their payment as of this date.
IT IS HEREBY RECOMMENDED THE CITY COUNCIL
APPROVE THE REGISTER OF DEMANDS AS FOLLOWS:
TOTAL WARRANTS $ 1,368,721.44
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER L, 2021- DECEMBER 31, 2021
Check
Number
Check
Date
r2l3l202r
r2l3l202t
r2l3l202r
tzl3l202l
r21312021
t2/3/2021
tzl3/2021
Check Total: $ 38.09
42t90 t2l3/202tALERT-O-LITE,INC. $ 961.07 BARRICADE
4219T 1213/2021 SEBASTIAN 59.95 SEMOR CENTER ALARM SECUR 42192 1213/2021FERNANDOCAMPA $ 3OO.OO HEALTH INSI-IRANCE STIPEND 42t93 t2l3/202t CASCADE FIRE EQUIPMENT CO $ 246.18 GATED WYE DELUXE 42T94 1213/2021 CITY OF COALINGA S 6,000.00 2015 CHEVY CAPRICE PPV VI 42195 1213/2021 MADERACOUNTYTAX COLLECI $ 1,960.14 WATEROPERTAX ONWELLS 421,96 1213/2021DEPT.OFCONSERVATION $ 1,214.57 STRONG MOTION INSTRU. & S 42T97 1213/2021FIREBAUGH ROTARY CLUB $ 15O.OO BRADY JENKINS MEMBERSHIP Name
42187 I2II/2021 CITY OF FIREBAUGH
42188 121312021U.S.POSTMASTER
42189 I2I3I2O2I AGRI-VALLEY IRRIGATION LL
Net
Amount Description
$ 105,361.87 PAYROLL ENDING 11126/2021
$ 93I.74 UTILITYBILLINGDECEMBER
12.76 COUPLING SCHEDULE/PIPE PV
25.33 PVC PIPE/ADAPTER/SCHEDULE
1,508.48 ADMIMSTRATION PROPERTY T
15250 ICSC CONFERENCE LAS VEGAS
1,4OO.OO REMAINING BALANCE CARRIAG
1,666,66 JOHN BORBOA MONTHLY STIPE
3OO.OO HEALTH INSURANCE STIPEND
IOO.OO SANTA CLAUSE FOR BREAKFAS
183.00 ICSC CONFERENCE LAS VEGAS
315.00 MONTHLY SALARY ATTENDANCE
1,2OO.OO PROVIDING STAGE AND SOIIND
1,410.00 CHARACTERS FOR KIDS XMAS
(1,41 0.00) CW 042206 Reversed
$
$
OSCAR J. GARCIA,CPA $
BENJAMIN GALLEGOS $
KEVIN GIBSON $
GOLDEN ONE CREDIT UNION S
JONATHANGONZALES S
JESUS GUTIERREZ $
BRADY JENKINS $
$
Check Total: $ 498.00
42205 t2l3/202r JO STUDIOS
42206 1213/2021 KEALOHA EVENTS
Check Total: $
1213/2021 KIMBALL-MIDWEST eage r o$1r
$
42r98
42r99
42200
42201
42202
42203
42204
$
$
$
42207 I 40.37 LUBRICANT/PAINT/TAPE
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1,2021- DECEMBER 31, 2021
Check
Number
42208
42214
422ts
422t6
422t7
42218
4221.9
42220
42222
42223
42224
4222s
42226
42227
r2l3/2021
r2l3/2021
r2l3l202l
r2l3l202l
r2t3t202r
t2l3/2021
t2l3/202r
r2l3/202r
1,21312021
r2l3l202I
t2l3/2021
1213/2021
r2l3/2021
42209 T2I3I2O21 RODDY A. LAKE
422t0 121312021 SAMPSON LEE
42211 1213/2021 VANESSA LINARES
422T2 1213/2021 VANESSA LINARES
42213 t2l3/202t SANDRAJ. MARQUEZ
Check
Date Name
1213/2021 KRAZAN & ASSOCIATES, INC
Net
Amount Description
4,1OO.OO FIREBAUGH LANDFILL SOLAR
275.35 POLICE MEDICAL RETIREE
3OO.OO HEALTH INSURANCE STIPEND
41.66 FLEX ACCOIJNT REFUND
41.66 FLEX ACCOLINT REFI.IND
Check Total: $ 83.32
$ 3OO.OO HEALTH INSURANCE STIPEND
$ 3OO.OO HEALTH INSURANCE STIPEND
$
$
$
$
$
Check Total: $ 10,406.50
42221 T2/3/2021 PRODUCTTVITY PLUS ACCT DE $ 286.56 CHECK INJECTION PUMP MAS ENTERTAINMENT $
MAX MARKETING & PRINT $
MID-VALLEY DISPOSAL $
PACIFIC GAS & ELECTRIC $
PTTNEY BOWES #8000-9090- $
PITNEY BOWES GLOBAL FINAN $
CSG CONSULTANTS,INC. $
$
$
RUBEN RAMIREZ $
SALVADORRAYGOZA $
RODOLFO TABARES $
TECH MASTER MANAGEMENT $
THE SALVATION ARMY $
THUNDER INFLATABLES, INC. $
1,450.00 DJ SERVICES XMAS PARADE
231.12 THANK YOU BANNER 2O2I Xi[/.A
30,752.07 SERVICES PERFORMED DECEMB
34,523.04 ALL DEPTS #7355932148-l
520.99 POSTAGE REFILL IIIOgIzOzL
506.05 LEASE 9l30l2r-L2l29l2l
1O,O12.OO HOUSE BUILDING SERVICES O
225.00 BUILDING PLAN 1O/1-10/3I,
169.50 FIRE PLAN REVIEW SERVICES
4O.OO REFTIND FOOD VENDOR APPLIC
3OO.OO HEALTH INSURANCE STIPEND
3OO.OO HEALTH INSURANCE STIPEND
I5O.OO CITY HALL/PTIBLIC WORKS/SE
11,509.67 HOT MEALSIFOOD DISTRIBUTI
2,360.00 REMAINING BALANCE KIDS AC
42228 12/3/2021 JOHN J. TOPETE eage Z o$tt 300'00 HEALTH INSURANCE STIPEND
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1,2021- DECEMBER 31, 2021
Check
Number
42229
Check
Date Name
I2l3/202r U.S. BANK EQUIPMENT FINAN
Description
$ RNT/LEASE EQUrP rr 120-12
Net
Amount
140.78
42230 t2l3/202t DATAPATH
42231 t2l3/2021 ALFREDVIJ,DEZ
Check Total:
42232 1213/2021 WESTAMERICA BANK
42233 t2l3/2021 W.S. DARLEY & CO.
42234 1213/2021 INC. GATEWAY HOMES
42235 1213/2021 CARLOSGONZALES
42236 1213/2021 MANUEL LUZANILLA
42237 r2l8/202t SYNCB/AMAZON
42238 t2l8/202t AT&T
$ 4,470.00 MONTHLY BILLING DECEMBER
183.00 ICSC CONFERENCE LAS VEGAS
3I5.OO MONTHLY SALARY ATTENDANCE
$ 498.00
$ 5OO.OO CASH FOR VISA GIFT CARDS
$ 125.14 FD-ALUM. CHROME WITH CHAI
$ 14.92 MQ CUSTOMER REFUND FOR GA
$
$
6.00 MQ CUSTOMER REFUND FOR GO
13.74 MQ CUSTOMER REFUND FOR LU
$
$
33.45 74.64
76.t3
51.09 261.64
Check Total: $ 496.95
CheckTotal: $ 1,276.77
PD-CELL PHONE CASE
PD-COMPUTER EQUIPMENT
PD-RADIO EQUIPMENT
PD.RADIO EQUIPMENT
PD-MEDICAL EQUIPMENT
$
$
$
$
$
$
$
345.28 ALL DEPT INTERNET
931.49 ALL DEPT TELEPHONE AND IN
42239 1218/2021 THE BANK OF NEW YORK MELL I,75O.OO CITY OF FIREBAUGH WASTEWA I 75O.OO CITY OF FIREBAUGH WATER R
Check Total: $ 3,500.00
42240 1218/2021BIG G'S AUTOMOTIVE CENTER $ 75.00 TOWING CITYTRUCK 42241 1218/2021 BUSH ENGINEERING INC. $ 233,552.79 CARDELLA STREET REHAB 42242 1218/2021FERNANDOCAMPA $ 9OO,OO 2O2I TiNIFORM ALLOWANCE PA 42243 t2l8/2021 ruAN C. CASTTLLO $ 9OO.OO aO2IUNIFORMALLOWANCEPA 42244 1218/2021FIRBAUGH MUSIC BOOSTERS S I,OOO.OO CLEANING SERVICES 2O2I CA 42245 1218/2021 FIREBAUGH HARDWARE COMPA S 43.58 COMMLTNITY CTR-PLYWOOD $
$
42246 1218/2021 JOSEPH ANTHONY FRIAS Page 3 oSL1 900.00 2021 UNIFORM ALLOWANCE PA
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1, 2021- DECEMBER 31,2021
Check
Number
42247
Check
Date Name
I2I 8I2O2I STEPHANIE GONZALES
Net
Amount Description
$ 231,72 REIMBURSEMENT FOR BREAKFA
42248 I2I8I2O2I GUTHRIEPETROLEUM,INC. $
$
$
$
$
1,131.31
1,652.59
1,122.92
1,292.42
984.08
BULK UNLEADED GASOLINE
BULK UNLEADED GASOLINE
BULK UNLEADED GASOLINE
BULK UNLEADED GASOLINE
BULK UNLEADED GASOLINE
Check Total: $ 6,183.32
42249 1218/2021HOME DEPOT CREDIT SERVICE 14.01 CITY HALL-WOOD SCREWS 264.24 CITY HALL-UTILITY CARTAMO
297.45 VFW-CHAIRS
$
s
$
Check Total: $ 575.70
42250 I2I8I2O2I INTERGRATED DESIGNS BY $ 2,690.00 FIREBAUGH FIRE STATION 42251 I2I8I2O2I KERWEST,INC. DBA I93.OO PLANNING COMMISSION PUBLI I82.OO PUBLIC HEARING CONDITIONA
182.00 PUBLIC HEARING CANNABIS B
Check Total: $ 557.00
42252 1218/2021MANUELSTIRESERVICE,INC 540.30 BACKHOE TUBE
95.52 FD-VALVE STEM
36.54 UTILITY TRAILER
Check Total: $ 672.36
42253 I2/8I2O2I MAGDAMARTINEZ $ 9OO.OO 2O2IUNIFORMALLOWANCEPA 42254 1218/2021 MCCLATCHY COMPANY LLC $ 446.88 PLANNING COMMISSION PUBLI 42255 I2/8I2O2I BRETT M. MILLER $ 9OO.OO 2O2IUNIFORMALLOWANCEPA 42256 I2/8I2O2I JESUS MOLINA $ 9OO,OO 2O2IUNIFORMALLOWANCEPA 42257 I2I8I2O2I PACIFIC GAS & ELECTRIC 16.76 WATER PUMP 7355932090 422s8 t2l8l202t PG&E 5,868.53 1OYR REFLINDABLE OPTION FO 42259 t2/81202t QUILL CORPORATION 32.38 RITA-REFILL CALENDAR 151.14 TOILET PAPER COMMUNITY CT
219.20 CITY HALL OFFICE SUPPLIES
(s7 .22) REFUND SHARPENER
518.1 1 CITY HALL-COPY PAPER
CheckTotal: $ 863.61
$
$
$
$
$
$
$
$
$
$
$
$
$
42260 1218/2021 SALVADOR RAYGOZA PAgC 4 O$11 9OO.OO 2021 UNIFORM ALLOWANCE PA
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1, 2021- DECEMBER 31,2021
Check
Number
42261
Check
Date Name
I2I8I2O2L RAZZARI AUTO CENTER
Net
Amount Description
27,948.13 2021 DODGE CHARGER POLICE
12.72 PD-OFFICE SUPPLES
275.00 XMAS PARADE FLYER DESIGN
78O.OO 2021 UNIFORM ALLOWANCE PA
42262 I2/8I2O2I STAPLES BUSINESS CREDIT
42263 t2l8l202t RAQUEL TABARES
$
s
$
$
Check Total: $ 1,055.00
42264 r2l8/202lJACQUELINETABARES
42265 r2l8/202t RODOLFO TABARES
42266 1218/2021 TECH MASTER MANAGEMENT $
42267 1218/2021 THARP'S FARM SUPPLY 57.60
7.72 10.13
3.73 17.27
19.41 40.76
64.53 2.47
4.30 2.t5
18.41 32.t0
27.87 13.91
30.37 33.44
24.55 7.50
95.19 6.03
0.89 t6.77
163.11
1,098.29
Check Total: $ 1,798.50
I2I8I2O2T THOMASON TRACTOR COMPAN\ $
$
$ 3OO.OO ZOZIUNIFORMALLOWANCEPA
$ 9OO,OO 2O2I UNIFORM ALLOWANCE PA
4O.OO POLICE PEST CONTROL
NITRILE GLOVES
tuqir{ BATTERIES
WASP SPRAY
BLACK CABLE TIES
WORK GLOVE
WORK GLOVES
BLACK TIES
FD.HOSE
SPRAY BOTTLE
CURTIS KEYS
SCREW ASSORTMENT
NYLON COUPLER
COMM. CTR CLEANING SUPPLI
STARTER SWITCH
BLACK TIES
LIFT STATION.ALLS IN BOX/
VOLTAGE TESTER/ADAPTER
LIQUID CLEANER
GLOVES
SHOPLIGHTS-LITE TUBE
SPARKPLUGS
O-RING
STREET LIGHT-NUT/EXTENSIO
AIR FILTER
COMMLINITY CTR-WALL MOUNT
16.19 TRIMMER LINE
114.52 I{Y-GARD
CheckTotal: $ 130.71
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
42268
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1,2021- DECEMBER 31,2021
Check
Number
42269
Check
Date Name
1 2 / 8 I 2O2I LINIFIRST CORPORATION
Net
Amount
$ 107.20
$ 24.1r
$ 17.39
$ 23.91
$ 110.60
$ 24.11
$ 17.39
$ 23.91
$ 107.20
$ 24.11
$ 17.39
$ 23.91
$ 107.20
$ 24.11
$ 17.39
$ 23.91
$ 107.20
$ 24.11
$ 17.39
$ 23.91
Descriotion
SHOP
COMMUNITY CENTER
CITY HALL
SEMOR CENTER
SHOP
COMMUNITY CENTER
CITY HALL
SENIOR CENTER
SHOP
COMMLINITY CENTER
CITY HALL
SENIOR CENTER
SHOP
COMMUNITY CENTER
CITY HALL
SENIOR CENTER
SHOP
COMMUMTY CENTER
CITY HALL
SENIOR CENTER
42270 I2/8I2O2T JORGE ZARAGOZA
42271 I2/9I2O2I SEAN STEVENS
42272 I2II5I2O2I CITY OF FIREBAUGH
42273 I2I22I2O2I ADAMS ASTIBY GROUP, LLC
Check Total: $ 866.45
$ 9OO.OO 2O2I UNIFORM ALLOWANCE PA
$ 1,410.00 REPLACEMENTCHECK,DIFFERE
$ 107,533.69 PAYROLL ENDING I2/IO/2021
$
$
4,5OO.OO GENERAL ADMIN & REPORTING
4,5OO.OO GENERAL ADMIN 2O-CDBG-120
Check Total: S 9,000.00
42274 12122/202T AG & INDUSTRIAL SUPPLY $
$
86.27 DOG FOOD
77.66 DOGFOOD
42275 I2I22I2O2I ARDENT GENERAL INC.
Check Total: $ 163.93
g 15,447.00 PROJ#2I-OIANEWELECTRICA
$ 15,447.00 PROJ#2l-OlB NEW ELECTRICA
$ 16,387.50 PROJ#2l-OlC EMERGENCY GEN
$ 249,951.84 PROJ#21-01 NEW FIRE STATI
Check Total: $ 297,233.34
7 14.19 PD INTERNET/CELLPHONES
700.68 CITY HALL/PWCOUNCIL CELL
Check Total: $
$
$
42276 t2/22/202t AT&T MOBILITY
I,414.87
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER t,202t- DECEMBER 31, 2021
Check
Number
42277
Check
Date
12122/2021AT&T
Name
42278 12122/202t AUTOZONE COMMERCTAL (1379
Net
Amount Description
$ 74.90 FIRE DEPT INTERNET SERVIC
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
64.33 99.51
70.75 47.70
15.31 43.41
299.t7
128.80
(33.46)
(43.4r)
(34.13)
35.26 (14.r3)
(37.36)
10.34 (3s.26)
61.2r
46.83 r31.32
12.94 11.65
13.27 64.21
45.10 7.66
PD-ANTIFREEZE/AIR FILTER
MOTOR OIL
SPARK PLUG
FD-WIPER BLADE
PD-BULB
TESTER GAUGE
DURALAST LOADED STRUT ASS
OIL/AIR FILTER-WIRE SET/S
CREDIT PLUG INSULATOR SET
TESTER GAUGE
CREDIT-SPARK PLUG
WIRE SET
CREDIT.TRANS FILTER
CREDIT TRANS FLUID
REMOVER WINDSHIELD WASHER
CREDIT WIRE SET
BOOSTER CABLE
PD-MOTOR OIL
BATTERY
DOOR HINGE PIN
STOPLIGHT SWITCH
DOOR HINGE
AIT FILTER/WIPER BLADE
FD-MOTOR OIL
PD-OIL FILTER
CheckTotal: $ 1,011.02
42279 12/2212021 CALIFORNIABUILDING STAND 259.20 BUILDING STANDARDS ADMIN 466.20 BUILDING STANDARDS ADMIN
Check Total: $ 725.40
42280 t2122/202r COMCAST S 723.89 PD INTERNET #909093831 42281 12122/2021 CORBIN WILLITS SYSTEMS S 1,094.06 ADMINISTRATION CAM SERVIC 42282 r2122/202t CORELOGIC SOLUTIONS, LLC. $ 218.55 REALQUEST NOVEMBER 2021 42283 T2I22I2O2I DEPT. OF TRANSPORTATION $ 57.28 SIGNAL & LIGHTING PYMT DI 42284 r2t22/202t DrSH $ 83.34 SENIOR CENTER CABLE
42285 r2t22t202r FERGUSONWATERWORKS#1423 $ 1,397.88 PW-PARTS $
$
42286 1212212021 FRESNO OXYGEN Rage z o$tt 84'11 Pw-sHoP
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1, 2021- DECEMBER 31,2021
Check
Number
42287
Check
Date Name
I2I22I2O2T STEPHANIE GONZALES
Net
Amount Description
199.60 REIMBURSEMENT FOR BREAIC'A
238,44 LIGHT BULB
18.91 LIGHT BULB
GENERAL LEGAL MATTERS THR
CODE ENFORCEMENT THRU OCT
GENERAL LITIGATION MATTER
PITCHESS MOTION THRU OCT
MARIruANA REGULATION AND
PERSONNEL MATTERS THRU OC
COMPLAINT FOR REVERSE VAL
GENERAL LEGAL MATTERS THR
CODE ENFORCEMENT THRU NOV
GENERAL LITIGATION MATTER
PITCHESS MOTION THRU NOV
MARIruANA REGULATION AND
LEGAL SERVICES THROUGH NO
COMPLAINT FOR REVERSE VAL
79.29 FIRE DEPT #3228327255-0
2,193.51 TOMA TEK #67 59522333-99
$
42288 12/2212021 GOODALLTRUCKING,INC $ I,IIO.79 MATERI,AL ROAD $ 960.98 BASE ROCK MATERIAL
Check Total: $ 2,077.77
42289 t2/22l202tGRAINGER,INC $
$
Check Total: $ 257.35
42290 l2/22I202IHINDERLITER,deLLAMAS $ z:.69 Q212021 AUDIT SERVTCES 42291 12/22/2021 LOZANO SMITH ATTORNEYS AT 5,014.15
468.00
78.00 873.t7
7,059.00
4,660.50
945.35
4,090.00
1,034.49
136.s0
537.50
4,1.r4.50
955.50
370.50
$
$
$
$
$
$
$
$
$
$
$
$
s
$
Check Total: $ 30,337.16
42292 12/2212021METROPOLITANTRANSPORTATI $ 1,5OO.OO STREETSAVERANNUALSUBSCR 42293 12122/2021 MID-VALLEYDISPOSAL $ 70.59 WATER TREATMENT PLANT $ 8t.24 t32s O STREET
CheckTotal: $ 151.83
42294 12/2212021 MIGUEL'S PLUMBING SERVICE $ 160.00 PAL BUILDING SEWER LINE P 42295 12122/2021PACIFIC GAS & ELECTRIC $
$
42296 T2/2212021 PETTY CASH
42297 12122/2021 CSGCONSULTANTS,INC
Check Total: $ 2,272.80
Check Total: $
60.00 REIMBURSE LOUE SPCA FEES
6,528.00 HOUSE BUILDING SERVICES T
970.75 BUILDING PLAN REVIEW SERV
$
$
$
7,498.75
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1, 2021- DECEMBER 31,2021
Check Check
Number
42298
Date Name
12122/202t QUAD KNOPF, INC.
42299 12122/2021RON'S AUTO REPAIR
42300 T2I22I2O2T SPARKLETTS
42301
42302 12122/2021 SWRCB ACCOLINTING OFFICE
42304 T2/22I2O2ITELSTARINSTRUMENTS
42305 12/2212021 VERZON WIRELESS
42306 I2I22I2O2I ZEE MEDICAL SERVICE CO.
Check Total: $ 42,886.00
42303 1212212021 STATE FOODS STIPERMARKET $
Net
Amount Description
225.50 PROFESSIONAL SERVICES 10/
2,7 11.91 PW TRUCK#3g-REPAIR
321.57 CITY HALL/SEMOR CTWPD/P
60.00 CERTIFICATION RENEWAL B.G
3,326.00 ANNUAL PERMIT FEES
39 560.00 ANNUAL PERMIT FEES
47.37 DOGFOOD
$ 1,766.68 PW-TOOLS
38.01 BRADY'S TABLET INTERNET
$
$
$
T2I22I2O2T STATE WATER RESOURCES CON $
$
$
$
$
$
Check Total: $ 162.30
104.27 PTIBLIC WORKS MEDICAL SUPP
58.03 CITY }IALL MEDICAL SUPPLIE
42307 T2128/2021FIRSTBANKCARD $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
32.38 242.92
29.76 103.53
22.21 27.59
41.29 516.15
376.28
68.86 77.96
1.9.42 351.86
50.00 81.74
302.00
23.52 (380.32)
78.67 16.20
150.25
t7.31
22.52 298.00
BEN-AMAZON RUSSELL COSTUM
BEN-AMAZON PROJECTOR XMAS
PD-HOBBY LOBBY PD XMAS DE
PD-PEOPLEFACTS
PD.WALMART PD XMAS DECOR
PD-HOMEDEPOT XMAS DECOR
PD-HOMEDEPOT LOCKS
PIO-HOMEDEPOT CHAIRS VFW
PIO-WALMART XMAS RAFFLE G
PIO.WALMART XMAS RAFFLE G
BEN-AMAZON DOG FOOD
BEN.AMAZON BACKDROP SENIO
BEN-HOMEDEPOT VFW CHAIRS
BEN-PES STICIDE APPLICATOR
BEN-KERMAN FLOWERS NANCY
BEN-IMPACTSIGNS/PLAQUE CO
BEN-AMAZON WIG XMAS PARAD
BEN-CREDIT CHAIRS
FD-FIREBAUGH MART
FD-DOLLAR GENERAL
PD-HOBBY LOBBY XMAS DECOR
PD-LOWES PD XMAS DECOR
PD-INTEREST FEES
PD-CHIEFLEADERSHIP.COM eage s o$rr
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1,202t- DECEMBER 31,2021
Check
Number
42307
Net
Amount
$ 32.43
$ 16.67
$ s6.60
$ 345.31
$ 30.00 $ s.00
$ 388.71
$ 170.00
$ s53.67
$ 3.91
$ 28.3s $ s7s.04
$
$
$
$
$
Check
Date Name
12128/2021 FIRST BANKCARD
Description
PD-SALS MEXICAN RESTAURAN
PD.PEOPLEFACTS
PD-HARBOR FREIGHTS
PD-DASH MEDICAL GLOVES
PD-ZIPPY MART GAS
PIO.DYN.COM
PIO-ACE TROPHY XMAS PARAD
PIO-STATE WATER BOARD
PIO-WALMART XMAS RAFFLE G
PIO-OPC STATE WEB FEE
PIO.ADMIT ONE XMAS RAFFLE
PIO-THOMASON TRACTOR XMAS
42308 12129/2021 CITY OF FIREBAUGH
42309 t2129/202r ALERT-O-LITE, INC.
42310 t2129/2021 SEBASTIAN
12129/2021 BUTTONWILLOW WAREHOUSE C $
$
Check Total: $ 4,775.79
$ 110,639.78 PAYROLLENDTNG t212412021
$ 281.49 BLKTOP PATCH
$ 59.95 SENIOR CENTER ALARM SECUR
42312 12/29/2021 CALIFORNIA BUILDING STAND
423tr
42313 121291202t COLLTNS & SCHOETTLER
42314 I2I29I2O2I ZUNIGADELGADO
42315 T2129/2021 DEPT. OFCONSERVATION
3,908.70 CHEMICAL PURCHASE
418.94 CHEMICAL PURCHASE
Check Total: $ 4,327.64
347,40 BUILDING STANDARDS ADMIN
349.20 BUILDING STANDARDS 1/1-3l
26T.45 BUILDING STANDARDS ADMIN
CheckTotal: $ 958.05
$ 3,450.00 CITY PLANNING NOVEMBER 20
$ 253.09 A/F HALL CLEANING DEPOSIT
Check Total: g 2,849.72
12129/2021 GOUVEIA ENGINEERING,INC. $ 955.50 $ s2.s0
$ 1,522.50
$ 202.13
$ 448.7s
$ 11,486.25
$ 992.2s
$ 93.7s
1,899.95 STRONG MOTION INSTRU. & S
949.77 STRONG MOTION INSTRU. & S
720.27 SITE REVIEW 2O2O.O
720.28 TOMA TEK PLANNING
720.29 PEOPLE'S FARMING C
725.01 PUBLIC WORKS GENER
725.12 TASK 1 MULTI-BENEF
725.12 TASK 3 MULTI-BENEF
745.0T STREET GENERAL
745.02D HWY 33 BEAUTIFICA
7 4s .2sD CML-'224(023) POS
42316
Check
Number
42316
Net
Amount
$ 201.41
$ 646.01
$ 9,138.08
$ 70.88
$ 1s0.15
$ 70.88
$ 3,756.38
$ 1,380.00
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS DECEMBER 1, 2021- DECEMBER 31,2021
Description
7 4s .28D CML-'224(026) ALL
7 4s.29D CML-'224(027) I &r
745.32C CARDELLA STREET R
760.04 A.C.I.P/CAAP
7 85.29 EXPANSION VALLEY H
795.10 FAA GRANT APPLICAT
795.16 TOMA TEK RECYCLED
730.09 SRF WWTP DESIGN
Check Total: $ 31,855.55
42317 t212912021 ROSALVAMACTAS $ IOO.OO A/F HALL CLEANING DEPOSIT 42318 I2I29I2O2I MARTINMARTINEZ $ I5O.OO DTINKLEPARKENCLOSEDAREA 42319 12/29/2021 BRIANMELENDEZ $ 3OO.OO A/F HALL CLEANING DEPOSIT 42320 12/29/2021 NORTHSTARCHEMICAL $ 3,121.36 SODIUM HYPOCHLORITE 42321 12129/2021 PACIFIC GAS & ELECTRTC $ 26,508.24 ALL DEprS #7355932t48-l 42322 121291202t PECK'S PRINTERY $ 321.23 NO 10 WINDOW ENVELOPE 42323 121291202t PITNEY BOWES #8000-9090- $ 520.99 POSTAGE REFTLL t2t06t2021 42324 I2I29I2O2I POLICE ACTIVITIES LEAGE $ 3,628.25 BEER BOOTH CANTALOUPE ROU 42325 r2129/202t QUILLCORPORATTON
Check
Date Name
12/29/2021 GOUVEIA ENGINEERING, TNC.
$
$
$
$
s
328.18
233.20
734.09
161.61
94.78 CITY HALL-JAMTORIAL ST]PP
COMMUNITY CENTER-MOP BUCK
COMMUNITY CENTER/PUBLIC W
CITY HALL-OFFICE SUPPLIES
AVERY SHEET PROTECTOWCAB
Check Total: S 1,551.86
42326 I2I29I2O2I SALEM ENGINEERING GROUP, $ 1,920.00 CARDELLA STREET REHAB 42327 I2I29I2O2I TECH MASTER MANAGEMENT $ I5O.OO CITY HALL/PUBLIC WORKS/SE 42328 1,2/29/2021USABLUEBOOK $ 2,148.65 PARKERHOSE
42329 t2129/202tMOMCAZAPATA $ 3OO.OO A/F HALL CLEANING DEPOSIT
REPORT TO CITY COUNCIL
MEMORANDUM
AGENDA ITEM NO:
COANCIL MEETING DATE: March 07,2022
SUBJECT: Warrant Register Dated: January 1,2022 - January 31,2022 RECOMMENDATION:
In accordance with Section 37202 of the Government Code of the State of Califomia there is presented here with a summary of the demands against the City of Firebaugh covering obligations to be paid during the period of:
JANUARY 1,2022 _ JANUARY 31,2022
Each demand has been audited and I hereby certiff to their accuracy and that there are sufficient funds for their payment as of this date.
IT IS HEREBY RECOMMENDED THE CITY COUNCIL
APPROVE THE REGISTER OF DEMANDS AS FOLLOWS:
GENERAL WARRANTS ...................
pAyRoLL WARRANTS....................
.# 42330 - #42414
.#71672 - #7t697
$ 745.684.51
$ 139.317.58
TOTAL WARRANTS. $ 885,002.09
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS JANURARY 1, 2022- JANUARY 31,2022
Check
Number
42314
42330
42331
42332
42333
42334
42335
42336
42337
42338
42339
42340
42341
42342
42343
42344
42345
1/412022
l/412022
t/512022
r/s12022
t/512022
1/512022
1/512022
r/5/2022
U5/2022
Us/2022
t/512022
r/s/2022
t/512022
Us12022
t/512022
t/512022
Check
Date Name
I/1212022 JOSEFINA N. ZLINIGA
Net
Amount Description
(253.09) Ck# 042314 Reversed
CITY OF FIREBAUGH
U.S. POSTMASTER
A.M. PECHE & ASSOCIATES L
ABEL BORREGO
FERNANDO CAMPA
COLLINS & SCHOETTLER
GOLDEN ONE CREDIT UNION
JONATHAN GONZALES
BRADY JENKINS
RODDY A. LAKE
SAMPSON LEE
VANESSA LINARES
SANDRA J. MARQUEZ
SALVADOR RAYGOZA
JACQUELINE TABARES
JOHN J. TOPETE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
54,r53.32
93s.98
3,004.43
165.60
300.00
1,100.00
r,666.66
300.00
315.00
24t.53
300.00
300.00
300.00
300.00
300.00
300.00
ME CHECK DECEMBER 2021
UTILITY BILLING JANUARY 2
2O2O -21 DIS CLO SURE REPORT
PERMIT FEES REFLIND
HEALTH INSURANCE STIPEND
CITY PLANNING DECEMBER 20
JOHN BORBOA MONTHLY STIPE
HEALTH INSURANCE STIPEND
MONTHLY SALARY ATTENDANCE
POLICE MEDICAL RETIREE
HEALTH INSURANCE STIPEND
HEALTH INSURANCE STIPEND
HEALTH INSURANCE STIPEND
HEALTH INSURANCE STIPEND
HEALTH INSURANCE STIPEND
HEALTH INSURANCE STIPEND
42346 t/512022 DATAPATH
42347 I/512022 ALFRED VN-DEZ
42348 I/512022 MONTEREY WATER CO
42349 TI5/2022 RENO RENTALS
4,470,00 MONTHLY BILLING JANUARY 2
209.87 DELL LAPTOP WARRANTY EXTE
$
$
Check Total: $ 4,679.87
$ 110,288.83 PAYROLL ENDING 011072022
$ 315.00 MONTHLY SALARY ATTENDANCE
$ 26.89 MQ CUSTOMER REFUND FOR MO
$ 5.04 MQ CUSTOMER REFUND FOR RE
42350 I/12/2022 CITY OF FIREBAUGH
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS JANURARY 1o 2022- JANUARY 31,2022
Check
Number
42351
Check
Date
t/12/2022 ALA
Name
III2I2O22 FRESNO POLICE DEPARTMENT $
$
Net
Amount Description
$ 84.70 5 CALENDARS/7I LISTINGS
42352 III2/2022 ARDENT GENERAL INC. $ 31,520.30 PROJ#2l-OlC EMERGENCY GEN $ 166,329.74 FIREBAUGHFIRE STATION
Check Total: $ 197,850.04
42353 r/12/2022 AT&T $ 652.47 ALL DEPTS INTERNET
42354 III2I2O22 BUSH ENGINEERING INC. $ 17,138.57 CARDELLA STREERREHAB 42355 III2/2022 CALIFORNIA FORENSIC INSTI $ 4OO.OO K. XIONG.RESERVE POLICE O 42356 U12t2022 CORELOGIC SOLUTTONS, LLC. $ ZtS.55 REALQUEST DECEMBER202L 42357 I/12/2022 JOSEFINA N. ZI.]NIGA $ 253.09 COMMUMTY CENTER RENTAL/I 42358 III2I2O22DEPARTMENTOFruSTICE $ IO5.OO BLOODALCOHOLANALYSISNO 42359 III2I2O22 EXCEL SIGN COMPANIY $ 1,708.96 PD LINIT #14 NEW CARGRAPH 42360 III2I2O22 FIREBAUGH AUTO REPAIR $ 7O.OO PD UNIT#6 LABOR 42361
Check Total: $ 757.00
42362 III2I2O22FRESNOCOUNTYTREASURER $ 162.64 ACCESSFEESNOVEMBER2O2I 42363 Ut2/2022 GALLS, LLC $ 1,312.38 PD EQUIPMENT
42364 Ut212022 P. O. BOX 274s $ 496.86 WATER METER RENTAL FEEruS 42365 III2/2022 HUB INTERNATIONAL 171.45 SPECIAL EVENT INSURANCE B 148.74 SPECIAL EVENT INSURANCE M
148.74 SPECIAL EVENT INSURANCE M
Check Total: $ 468.93
42366 III2I2O22INTERGRATED DESIGNS BY $ 2,690.00 FIREBAUGH FIRE STATION 42367 1II2I2O22MID-VALLEYDISPOSAL $ 30,774.36 SERVICES PERFORMED DECEMB 42368 ut212022 QUAD KNOPF, TNC. $ 115.50 PROFESSIONAL SERVICES 11/ $ 137.42 PD UNIT#15 SERVICE
I15.OO R.TABARES RANGEMASTER COU
642.00 B.MILLER PATROL RIFFLE IN
$
$
$
42369 I/1212022 RAZZARI AUTO CENTER
Check
Number
42370
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS JANURARY L, 2022- JANUARY 31,2022
Net
Amount Description
$ 2OO.OO PD UMT#6 WINDOW TINT
$ 2OO.OO PD UNIT#l4 WINDOW TINT
Check Total: $ 400.00
42371 I/1212022 TECH MASTERMANAGEMENT $ 4O.OO PD PEST CONTROL 42372 III2I2O22 TOP DOG TRAINING CENTER, $ 125.00 K-9 MAINTENANCE TRAINING 42373 Ut2t2022 U.S. BANK EQr.rrpMENT FrNAN $ 140.78 RNT/LEASE EQUIP 12120-01 42374 III2I2O22 VERZONWIRELESS $ 38.01 BRADY'S TABLET INTERNET 42375 II27I2O22 CITY OF FIREBAUGH $ 103,012.33 PAYROLL ENDING 0112112022 42376 1/2812022 JACQUELTNETABARES $ 7OO.2O REFUND FOR INACTTVE POLIC 42377 I/2812022 ADAMS ASTIBY GROUP, LLC $ 4,5OO.OO GENERAL ADMIN WATERLINE P $ 4,5OO.OO GENERAL ADMIN LABOR COMPL
Check Total: $ 9,000.00
42378 II28I2O22 AMAZON CAPITAL SERVICES
Check
Date Name
I I 1 2 I 2022 VICTOR RODRIGUEZ
$
$
$
244.05 FD-TRUNK ORGANZER
37.79 FD-TRAINING DRILLS
77,72 FD-VEHICLE CHARGER KENWOO
8,743.06 SINGLE PORT
5,340.88 CHAMBER
3,605.00 BASESTATION EXT MAINTENAN
Check Total: $ 359.56
42379 1.t28t2022A.M.PECHE&ASSOCTATESL $ +00.00 2019SOLAREQUIP.ENERGY 42380 U2812022 AQUA-METRTC SALES, CO.
810.52 OMNI C2
CheckTotal: $ 22,499.46
4238t t/2812022 AT&T $ 84.89 FIRE DEPT INTERNET SERVIC
42382 II28I2O22 BOUND TREE MEDICAL, LLC $ 89.09 FD-BP MOMTOR 42383 1128/2022 CHEMSEARCH $ 620.86 E-100 50LB NAC FE
42384 II28I2O22 CORBIN WILLITS SYSTEMS $ I,094.06 ADMINISTRATION C/W SERVIC 4238s t/2812022 DrSH $ 83.34 SEMOR CENTER CABLE
$ 113,029.85 CN-OOO291 CITY OF FIREBAU
$
$
$
s
42386 1/2812022 ENGIE SERVICES U.S
Check
Number
42386
Check
Date
42387 t/28/2022 ESO SOLUTIONS, INC $ 1,633.00 FD-ERFIRE PACKAGE 42388 II28/2O22MARIAESPINOZA $ 3OO.OO A/F HALL REFUND
42389 I/28/2022 FERGUSON WATERWORKS #14: $ 833.55 REP CLAMP 42390 I/2812022 FIRST BANKCARD
I/2812022 ENGIE SERVICES U.S.
Check Total:
tt.49
799.02
72.36 135.99
(135.ee)
60.00 13.63
t6.77
t4.61
1 1.69
67.00 1 1.95
223.33
r77.97
t77.97
415.00
725.00
625.00
9.31 91.01
19.99 728.93
7.99 30.55
45.60 t03.71
16.67 13s.99
s.00
162.00
Check Total: $ 4,779.54
II28I2O22 FIREBAUGH HARDWARE COMI $
$
$
Check Total: $
$8 95O.OO CITY OF FIREBAUGH OM FEES
$ 129,674.85
CITY OF FIRE,BAUGH ACCOUNTS PAYABLE
WARRANTS JANURARY 1, 2022- JANUARY 31,2022
Name
Net
Amount Description
FD.APPLE.COM
PD-POSITIVE PROMOTIONS
PD-CHEWY.COM
PD-HEADSET
PD.HEADSET RETURN
BEN-LOVE TRAVEL GAS
BEN-UBER LAS VEGAS
BEN-UBER LAS VEGAS
BEN-UBER LAS VEGAS
BEN-UBER LAS VEGAS
BEN-CHEVRON GAS
BEN.UBER LAS VEGAS
BEN-WESTGATE LAS VEGAS
BEN-WESTGATE LAS VEGAS VA
BEN-WESTGATE LAS VEGAS JE
BEN-EPLUMBING PRODUCTS
BEN-LEAGUE OF CITTES BEN
BEN-LEAGUE OF CITIES BEN
BEN-UBER LAS VEGAS
BEN-CHEVRON GAS
FD-APPLE.COM
FD-LED LIGHTING
FD-APPLE.COM
PD-INTEREST
PD-2 CHECK OUT PD PATCH
PD-PHOTOAFFECTIONS PD XMA
PD-PEOPLEFACTS
PD-HEADSET
DYN.COM
PIO-CISCO SYSTEMS WEBX
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
16.90 MALDONADO PARKK FOUNTAIN10.78 MALDONADO PARK FOI.INTAIN.J
9.91 COMMUNITY CTR-NAILS
42391
37.59 CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS JAIIURARY l, 2022- JANUARY 31,2022
Check
Number
42392
42394
42395
42396
42397
42398
42399
42400
42401
42402
42403
r/28/2022
U2812022
r/28/2022
r/28/2022
U28/2022
U2812022
U28t2022
U2812022
r/28/2022
t/28/2022
42393 U2812022 GALLS, LLC
Check
Date Name
T /2812022 FRESNO OXYGEN
Net
Amount Description
$ 86.77 SHOP-PARTS
$ 63.92 ACCUMOLD ELITE
185.00 CITY MANAGER CONFERENCE M
107.98 HYDRALIC OIL
529.08 MATERIAL
2,690,00 FIREBAUGH FIRE STATION
5,264.00 MEMBERSHIP DUES 2022
365.45 REFLIND INACTTVE ACCIDENT
139.18 WATER TREATMENT PLANT
128.16 FrRE DEPT #3228327255-0
63.54 PW-PARTS
708.75 RSG2579 FY2I-22 SUCCESSOR
t,147.50 RSG2831-SB 34t FY2t-22
T,22O.OO RSG2579 FY2I-22 SUCCESSOR
r,425.00 RSG2831 SB 341 FY2t-22
BENJAMIN GALLEGOS $
GLEIM-CROWN PUMP, INC. $
GOODALL TRUCKING,INC. $
INTERGRATED DESIGNS BY $
LEAGUE OF CA CITIES SSJVD $
NOAHMARQUEZ $
MID-VALLEY DISPOSAL $
PACIFIC GAS & ELECTRIC $
QUINN COMPANY, fNC. $
RSG,INC. S
$
$
$
Check Total: $ 4,501.25
42404 t/28/2022 SIGNMAX $ 259.78 TRAFFIC SIGN
42405 1128/2022 SPARKLETTS $ 200.23 CITY HALL/SEMOR CTR/PWIP 42406 1128/2022 STOP STICK, LTD $ 1,062.76 STOP STICK KIT -PD 42407 II28I2O22 STIN'S INTERNATIONAL CORP $ 812.62 PAPER ROLL TOWELS-PALLET 42408 1/28/2022TELSTARINSTRUMENTS $
$
691.25 PW.PARTS
1,227.25 PW-SERVICES
Check Total: S 1,918.50
42409 1128/2022 THE SALVATION ARMY 5,266.98 HOT MEALIFOOD DISTRIBUTIO 2,462.13 HOT MEAL/T'OOD DISTRIBUTIO
4,490.33 HOT MEAL/FOOD DISTRIBUTIO
$
$
$
Check Total: $ 12,219.44
CITY OF FIREBAUGH ACCOUNTS PAYABLE
WARRANTS JANURARY 1, 2022- JANUARY 31,2022
Check
Number
424t0
Check
Date Name
I / 28 I 2022 UNIFIRST CORPORATION
Net
Amount
$ 107.20
s 24.11
$ 17.39
$ 23.91
$ 97.43
$ 24.rt
$ 17.39
s 23.91
$ 97.96
$ 24.1I
$ 17.39
$ 23.91
s 97.96
$ 24.1t
$ 17.39
$ 23.91
$ 102.48
$ 24.11
$ 17.39
$ 23.91
$ 97.96
$ 24.11
$ 17.39
$ 23.91
$ t77.94
$ 24.rr
$ 17.39
$ 23.91
$ 101.58
$ 24.11
$ 17.39
$ 23.91
Check Total: $ 1,403.79
Description
SHOP
COMMUNITY CENTER
CITY HALL
SEMOR CENTER
SHOP
COMMTINITY CTR
CITY HALL
SENIOR CENTER
SHOP
COMMUMTY CENTER
CITY HALL
SENIOR CENTER
SHOP
COMMUMTY CENTER
CITY HALL
SENIOR CENTER
SHOP
COMMUNITY CENTER
CITY HALL
SEMOR CENTER
SHOP
COMMTINITY CENTER
CITY HALL
SEMOR CENTER
SHOP
COMMUMTY CENTER
CITY HALL
SENIOR CENTER
SHOP
COMMUMTY CENTER
CITY HALL
SEMOR CENTER
70.31 PD-MEDICAL SUPPLIES
70.66 PUBLIC WORKS MEDICAL SUPP
42411 I/2812022 USA BLUEBOOK
42412 T/2812022 LUIS VALDEZ
42413 1/2812022 W.S. DARLEY & CO.
$ 519.68 OAKTON CON 6 CONDUCTIVITY
$ 15O.OO REIMBURSEMENT WORK BOOTS
2,T41.58 FD-VENTILATOR
343.19 FD.HELMET/PROTECTOR
$
$
Check Total: $ 2,484.77
42414 I/2812022 ZEE MEDICAL SERVICE CO. $
$
Check Total: $
140.97
ORDINANCE NO.2I-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OX'X'IREBAUGH REPEALING SECTIONS 9-1.1, 9-1.2, 9-1.3, AND 9-1.4 OF CHAPTf,R 9 ITRAILERS At{D TRATLER PARKSI OF THE MUNICIPAL CODE, REPLACING THE HEADING OF CIIAPTER 9 WITH THE TITLE *MOBILEHOME PARKS ACT', AND ADDING SECTIONS 9-1.1 THROUGH 9-1.11 RELATTNG TO
THE ASSUMPTION OF RESPONSIBILITY OF ENFORCING THE MOBILEHOME PARKS ACT AND SPECIAL OCCI]PANCY PARIG ACT OF THE CALIFORNIA HEALTH AND SAFETY CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FIREBAUGH DOES ORDATN AS FOLLOWS:
Sectionl. Sections9-1.1,9-1.2,9-l.3,and9-l.4ofChapter9[TrailersandTrailerParks]oftheFirebaugh Municipal Code are hereby repealed.
Section 2. The heading of Chapter 9 of the Firebaugh Municipal Code is hereby amended, and new sections 9- l.l through 9-1.12, are hereby added to Chapter 9 of the Firebaugh Municipal Code to read as follows:
Chapter 9 Mobilehome Parks Act
s e-1.1
$ e-1.2
$ e-1.3
$ e-1.4
s e-l.s
$ e-1.6
$ e-1.7
$ e-1.8
$ e-l.e
$ e-1.10
s e-1.11
$ 9-1.12
Legislative Findings.
Assumption of Responsibilities.
Delegation of Authority.
Schedule ofFees.
Statement of Objectives.
Description of Existing Mobilehome Parks.
Effective Date of Assumption.
Method of Enforcement.
Use of State Forms.
Permits to Operate and State Fees.
Transmittal of Ordinance.
Notice of Assumption of Enforcement.
$ 9-1.1 Legislative Findings.
The City Council finds and determines that:
a. The City of Firebaugh (City) currently has four (4) mobilehome parks operating within the City. b. The mobilehome parks within the City have not been inspected for compliance with state building regulations in several years.
c. Many of the buildings within the City's mobilehome parks are maintained in a substandard condition with noticeable structural issues and constitute fire hazards. d. The City currently lacks jurisdiction to inspect and enforce state building regulations relating to mobilehome parks, as the California Department of Housing and Community Development (HCD) retains such authoriSr.
e. HCD is responsible for approximately 83Yo of all mobilehome parks throughout the state. f. The City has significant need for timely inspection and enforcement of its mobilehome parks in order to maintain the health and safety of its citizens. g. The rural character of the City necessitates a local enforcement focus. h. California Health and Safety Code section 18300 provides a mechanism for the City to assume responsibility of the enforcement of state law relating to mobilehome parks and special occupancy parks.
Ordinance 2l-04
Firebaugh City Council
i. The City has the staff and ability to assume responsibility forthe enforcement of its mobilehome parks. j. This Ordinance is necessary to provide the necessary public health and safety enforcement and regulatory tools to address the health and safety concerns affecting the City's mobilehome parks. $ 9-1.2 Assumption of Responsibilities.
Pursuant to Section 18300 of the California Health and Safety Code, and upon authorization from the HCD and subject to the acceptance of reasonable conditions of approval, if any, the City of Firebaugh hereby assumes responsibility for the enforcement of Division 13, Part 2.1, commencing with section 18200 (Mobilehome Parks Act) and Part2.3 commencing with section 18860 (Special Occupancy Parks Act), of the Health and Safety Code and their implementing regulations set forth in Title 25, California Code of Regulations Division l, Chapters 2 and2.2, the building standards published in the California State Building Standards Code relating to mobilehome parks, special occupancy parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incident camping areas, and tent camps and the related administrative regulations (collective referred to as "the Acts".) $ 9-1.3 Delegation of Authority.
Pursuant to HCD approval, the City shall be the enforcement agency as defined by section 18207 of the Health and Safety Code and will assign the responsibility for the enforcement of the Acts to the City's Police Department. The Police Department shall provide qualified personnel for the actual enforcement of the Acts. The Department will assign one (1) code enforcement officer to be dedicated to carrying out the duties and responsibilities of the Acts, including but not limited to inspecting the City's mobilehome parks and issuing notices of violation when necessary. The Police Department may utilize other code enforcement officers to assist when necessary.
The City will assign the responsibility for the collection and issuance of permits and state fees, maintenance of mobilehome park records, and the monitoring of compliance of the mobilehome parks, to the City's Building Department.
$ e-1.4 Schedule ofFees.
The City hereby adopts the fee schedules as contained in the Acts at Division 13, Parts 2.1 and2.3, and implementing regulations. Any increases or revisions of the fee schedules noted above will be enforceable within the City limits.
s e-l.s Statement of Objectives.
The City hereby adopts the program and statement of objectives contained in the Acts. The City's specific local objectives, include but are not limited to providing timely and reliable enforcement of the Acts, reduction ofthreats offire, and protections public health, safety, and welfare inside of Mobilehome and Special Occupancy Parks. The City intends to enforce and implement the program to include all parks now under HCD jurisdiction and any new parks that may be created within the City. $ 9-1.6 Description of Existing Mobilehome Parks.
According to statistics provided by HCD, there are currently four (4) mobilehome parks within the City, which includes ninety-eight (98) mobilehome spaces, nine (9) recreational vehicle spaces with drains, and four (4) recreational vehicle spaces without drains. Immediately upon assumption of enforcement responsibilities the City will initiate inspection pursuant to the requirements of the Acts. The occupancy and condition of mobilehome parks shall be substantiated upon approval by the HCD to assume responsibility for enforcing the Acts.
2 Ordinance 21-04
Firebaugh City Council
S 9-1.7 Effective Date of Assumption.
The effective date of assumption of enforcement responsibilities shall be within thifty (30) days following adoption of this ordinance and HCD approval.
$ 9-1.8 Method of Enforcement.
Not later than thirty (30) days from the Effective Date of Assumption of Enforcement, as defined in section 9-l .7 , the City shall commence and thereafter diligently enforce the Acts as follows:
a. Review and maintain relevant files provided by HCD and compare same with records on file with the City.
b. Review pertinent state building standards relevant to mobilehomes, manufactured homes, and special occupancy parks.
c. Ascertain the status of all permits to operate, construction permits, and enforce relevant requirements.
d. Investigate and resolve complaints received from occupants, neighbors, other agencies, and all other sources of complaints.
e. Perform annual mobilehome park maintenance inspections consistent with the Acts as set forth in Health and Safety Code section 18400.1 and its implementing regulations. f. Take all other actions as are deemed appropriate in furtherance of state laws and regulations. $ 9-1.9 Use of State Forms.
When enforcing the Acts, the City shall utilize the following HCD forms:
a. HCD 500A - Application for Permit to Operate.
b. HCD 5038 - Annual Permit to Operate.
c. HCD 5138 - Manufactured Home or Mobilehome Installation Acceptance d. HCD 5l3C - Certificate of Occupancy.
e. HCD 538 - Plot Plan.
S 9-1.10 Permits to Operate and State Fees.
a. The City shall bill each ofthe mobilehome parks within its jurisdiction forthe state fees required for the annual permit to operate, and issue said permits upon collection of the state fees. b. The City shall send a copy of all permits to operate and state fees collected to the Administrative Office of the Division of Codes and Standards, no later than thiffy (30) days after the City's issuance of such permits and receipt of such funds.
3 Ordinance 2l-04
Firebaugh City Council
S 9-1.11 Transmittal of Ordinance.
The City Clerk is hereby instructed to transmit two (2) certified copies of this Ordinance to the Director of HCD and to the Administrative Office of the Division of Codes and Standards to P.O. Box 278180, Sacramento , CA 95827 -8 I 80, within ten ( 1 0) days of the date of adoption which, in any event, shall not be less than thirty (30) days before the Effective Date of Assumption of Enforcement Responsibilities ($ e-1.7.)
S 9-1.12 Notice of Assumption of Enforcement.
Upon HCD's approval of the City's assumption of enforcement of the Acts over the mobilehome parks, and no later than two (2) weeks prior to the Effective Date of Assumption of Enforcement Responsibilities ($ 9-1.7), the City shall notiff in writing each of the mobilehome parks and special occupancy parks within its jurisdiction of the change in enforcement and that the Building Department is now responsible for enforcement and issuance of permits.
Section 3. This ordinance shall take effect thirty (30) days after its adoption Section 4. The City Clerk is authorized and directed to cause this ordinance to be codified after its adoption.
Section 5. The City Clerk is further authorized and directed to cause this ordinance, or a summary of this ordinance, to be published once in a newspaper of general circulation published and circulated in the City of Firebaugh within fifteen (15) days after its adoption. If a summary of this ordinance is published, then the City Clerk also shall cause a summary of the proposed ordinance to be published and a certified copy of the full text of the proposed ordinance to be posted in the Office of the City Clerk at least five (5) days prior to the Council's meeting at which the ordinance is to be adopted and again after the meeting at which the ordinance is adopted. The City Attorney shall approve the summary. *rl.*
The foregoing Ordinance No. 21-04 was introduced at a regular meeting of the City Council of the City of Firebaugh on the 1't day of November 2021, and was passed and adopted at a regular meeting of the City Council on the 20h day of December,202l, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Rita Lozano, Deputy City Clerk
4 Freddy Yaldez, Mayor
ORDINANCE NO. 22.02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGII AMENDING MUNICIPAL CODE SECTION 25.4I.13.6 RELATING TO LIMITED
COMMERCIAL CANNABIS OPERATIONS PURSUANT TO REGULATORY PERMIT WHEREAS, on January l, 2018, the State of California began licensing commercial cannabis businesses for both medicinal and adult marijuana use throughout the State; and WHEREAS, on June 4, 2018, the City Council of the City of Firebaugh adopted Ordinance No. 18-02, the "Cannabis Control Ordinance," approving the permitting of certain commercial cannabis operations in the M-2 land-use zone, excluding both retail and mobile dispensaries; and WHEREAS, on May 3,2021, the City Council of the City of Firebaugh adopted OrdinanceNo. 2l-02, amending the Municipal Code to allow commercial cannabis activities in the Urban Reserve (UR) zone district; and
WHEREAS, the City of Firebaugh desires to clarifu that commercial cannabis activities will include commercial greenhouse structures, including hothouses, headhouses, cold frames and hoop structures which meet industry best practices to mitigate and control odor.
NOW, THEREFORE, THE CITY COUNCTL OF THE CITY OF FTREBAUGH DOES ORDAIN AS F'OLLOWS:
Section 1. Section 25-41.13.6 of the Firebaugh Municipal Code is hereby amended (additions are shown in bold; deletions are stricken through):
S 25-41.13.6 Limited Commercial Cannabis Operations Pursuant to Regulatory Permit Notwithstanding the prohibition on commercial cannabis operations set forth in $ 25-41 .13.4, and the limitations upon the cultivation of cannabis set forth in $ 25-41.13.3 and 25-41.13.4, commercial cannabis operations may be allowed as set forth in this section.
z. Purpose. The purpose of this section is to allow limited commercial cannabis operations in the City of Firebaugh as may be permitted under the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA" or "Act") and to adopt local regulations applicable to those operations. b. Permitted uses
1. Business owners meeting the requirements of this section shall be eligible to apply for a regulatory permit to conduct the following commercial cannabis operations, as may be approved by the City Council at its discretion:
(a) Cultivation.
(b) Processing.
(c) Extraction.
Otd22-02 (Cannabis Control Ord
City
inance)
Council
c.
(d) Manufacturing.
(e) Testing.
(0 Distribution.
(g) Transportation
(h) Retail sales.
[Added 7-15-2019 by Ord. No. l9-03]
(i) Deliveries.
fAdded 7-t5-2019 by Ord. No. 19-03]
2. The regulatory permit issued pursuant to this section shall specify whether the commercial cannabis operation shall be limited to medicinal cannabis.
3. The regulatory permit issued pursuant to this section shall specifu the precise commercial cannabis operation, by clear description and, when appropriate, shall reference the license type specified in the Act for which a state license is being sought.
4. The commercial cannabis operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing commercial cannabis operations.
5. No regulatory permit shall issue unless or until the business owner and the property owner enter into a project development agreement with the City. The proiect develonment asreement shall be processed in same manner as a cannabis regulatorv nermit approved by the Council.
6. Dispensaries are expressly allowed as set forth in $ 25-41.13.4 [Amended 7-15-2019 by Ord. No. l9-03]
7 The City Council retains the discretion to deny a regulatory permit or limit a regulatory permit to specified commercial cannabis operations.
Minimum operational requirements and restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:
1. The Act and other state laws. The commercial cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all state license(s) required under the Act, and any other applicable state law. The operator shall obtain all licenses required under the Act prior to opening for business.
2. Register of employees.'Ihe operator shall maintain a current register of the names of persons required to have employee permits. The register shall be made available to the Police Chief at all times immediately upon request.
3. Signage. There shall be no signage or markings on the premises or off-site that in any way evidence that commercial cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.
Ord 22-02 (Cannabis Control Ordinance)
City Council
4. Cannabis consumption. No cannabis or cannabis product shall be smoked, ingested, or otherwise consumed on the premises. Prominent signage of this prohibition shall be displayed throughout the facility.
5. Alcoholic beverages. No commercial cannabis operation shall hold or maintain a retail license from the State Department of Alcohol Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.
6. Transportation. Transportation shall only be conducted as permitted by state law.
7. Deliveries. Deliveries are expressly allowed as set forth in $ 25-41.13.4. [AmendedT-15-2019 by Ord. No. l9-031
8. Noncommercial cannabis activity. No noncommercial or recreational cannabis activity shall occur on the premises.
9. Retail sales. The retail sale of cannabis is expressly allowed as set forth in $ 25-41.13.4. fAmended 7- 15-2019 by Ord. No. l9-031
10. Public access. There shall be no public access to the premises, except as allowed pursuant to a permitted building site plan, development agreement, and/or a regulatory permit for a dispensary only.
[Amended 7-15-2019 by Ord. No. 19-03]
11. Minors. It shall be unlawful for any operator to allow any person who is not at least 2l years of age on the premises of a commercial cannabis operation. [Amended 7-15-2019 by Ord. No. l9-03]
12. Distance separation from schools, day-care centers, and youth centers. A commercial cannabis operation shall not be located within 600 feet from any existing school, day-care center or youth center as defined by state law, nor from a proposed school site as identified in the General Plan.
Measurements shall be from property boundary to property boundary. For purposes of this section, "school" means any public or private school providing instruction in kindergarten or grades one through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
13. Hours of operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the City's noise and nuisance ordinances.
14. Building and related codes. The cannabis operation shall be subject to the following requirements:
(a) The premises in which the commercial cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act,.lllas certified by the Building Official of the City. The operator shall obtain all required building permits and comply with all applicable City standards.
lll Editor's Note: See 42 U.S.C.A. S 12101 et seq.
(b) The responsible party shall ensure that the premises have sufficient electrical load for the commercial cannabis operations.
Ord 22-02 (Cannabis Control Ordinance)
City Council
(c) To the extent permitted by the Act, butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Firebaugh Fire Department, or other qualified agency retained by the City, shall inspect, and approve the premises for use of the products prior to City's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement. Such inspection shall be at the business owner's expense.
(d) The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the commercial cannabis operations.
(e) The operator shall comply with all environmental laws and regulations pertaining to the commercial cannabis operations, including the storage, use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.
15. Odor Control. The business owner shall provide an odor-absorbing ventilation and exhaust system, so that odor generated inside the facility that is distinctive to its commercial cannabis operations is not detected outside the premises, outside the building or commercial sreenhouse structure housing the commercial cannabis ooerations. or anvwhere on adiacent nronertv or nublic rishts-of-way. A sreenhouse structure shall be defined as anv sort of structure that manipulates or changes the growing environment for nlants. Such structures would include. but not be limited to. hothouses. headhouses. cold frames and hoop structures. Accordingly, the business owner must install and maintain the following equipment or any other equipment which the City' s Building Offi cial determines meets best industrv confrol stendards- (a) An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or
(b) An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
16. Consumable products. Commercial cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain all appropriate approvals from the State and County Departments of Public Health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.
17. Secure building. All commercial cannabis operations shall occur entirely inside of a building or commercial greenhouse structure which shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. Notwithstanding the foregoing, the roof may be of solid nonopaque material, provided other security measures exist to ensure that the commercial cannabis operation cannot be seen, heard, or smelled beyond the property line. The building or commercial greenhouse structure shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures). The precise building construction parameters and materials to be used shall be identified and provided with the application to the City prior to construction.
Ord 22-02 (Cannabis Control Ordinance)
City Council
18. Premises security. The following security conditions shall apply:
(a) Alarm system (including perimeter, fire, and panic). (b) Remote monitoring of alarm systems
(c) Perimeter lighting systems (motion sensor) for after-hours security (d) Perimeter security and lighting as approved by the Police Chief. (e) Use of drive gates with card key access or similar to access the facility. (f) Entrance areas to be locked at all times, and under the control of a designated responsible party. (g) Use of access-control systems to limit access to inventory, Brow and processing areas. [Amended 7- 15-2019 by Ord. No. 19-031
(h) Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points to the site from the interior, and be of a minimum five-mega-pixel resolution. (i) All security systems at the site are attached to an unintemrptable power supply providing twentyfour-hour power. fi) Twenty-four-hour security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the Police Chief. All current contact information regarding the security company shall be provided to the Police Chief. (k) The Firebaugh Police Department or Department designee shall have access to all security systems.
(l) Internet Protocol ("IP") access for remote monitoring of security cameras by the Firebaugh Police Department or a department designee upon request.
(m)Any and all video or audio tape recordings made for security purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of at least 30 days and must be made available to the Firebaugh Police Department or Department designee for duplication upon demand. In addition, upon request by the Firebaugh Police Departrnent, the responsible party shall duplicate the records for the Firebaugh Police Department or the Department designee. (n) Hardened bullet-resistant windows for exterior windows as part of any new or existing construction. (o) Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.
(p) Electronic track-and-trace systems for cannabis products as required by the Act and state regulations.
(q) The city may inspect the premises and audit the records of the commercial cannabis operations for compliance on a quarterly basis.
Ord 22-02 (Cannabis Control Ordinance)
City Council
(r) Security protocols and equipment need to be in place to protect computer information. (s) The foregoing premises security requirements shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the business owner.
19. Shipments of supplies and transportation of product. The following rules apply to shipments and transportation:
fAmended 7-15-2019 by Ord. No. 19-03]
(a) Shipments of supplies to the premises shall only occur as provided for in diagram and floor plans on file with the City as part of the application process. Vehicles delivering to the premises shall not have any markings indicating that deliveries are being made to a cannabis operation. (b) The transportation of cannabis samples and/or products to and from the premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and/or products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief.
20. Premises maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public.
The premises or commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.
21. Location of uses. Except for deliveries as defined in $ 25-41-13.4,the commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. Other than for deliveries as defined in $ 25-41-13.4, commercial cannabis operations shall not operate atany location other than as stated in the regulatory permit.
fAmended 7-15-2019 by Ord. No. 19-03]
d. Commercial cannabis operation regulatory permit. No person or entity shall operate a commercial cannabis operation within the City of Firebaugh without first obtaining a commercial cannabis regulatory permit from the City. Other than for deliveries as defined in $ 25-41-13.4, the regulatory permit shall be site-specific and shall specifically identifu the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity, other than deliveries, will be allowed unless specifically identified in the regulatory permit. The issuance of a regulatory permit shall be at the discretion of the City Council. [Amended 7-15-2019 by Ord. No. 19-03]
e. Applications for regulatory permits and responsible party designation.
1. Application. Applicants for regulatory permits shall file their applications with the Police Chief and shall include thc information sct forth herein. The Police Chief may request such additional information he or she deems necessary to determine who the applicant is and what activity may be permitted. The applicant shall certi$r under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator, all responsible parties known at the time (if different than the business owner), and any other party designated below:
(a) The full name, present address, and telephone number
Ord 22-02 (Cannabis Control Ordinance)
City Council
(b) Date of birth
(c) Tax identification number.
(d) The address to which notices relating to the application are to be mailed (e) Previous addresses for the five years immediately preceding the submission of the application. (f) His or her height, weight, and color of eyes and hair (g) Photographs for identification purposes (photographs shall be taken by the Police Department). (h) All business, occupation, or employment for the five years immediately preceding the submission of the application.
(i) The commercial cannabis operation business history, including whether the business owner and responsible parties, while previously operating in this or another city, county, or state, has had a cannabis-related license revoked or suspended, the reason therefore, and the business, activity or occupation subsequent to such suspension or revocation. fi) Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application must be accompanied with anotarized acknowledgment from the premises owner that commercial cannabis operations are authorized to occur on the premises. (k) A descriptive business plan for the commercial cannabis operation, including a detailed list of all commercial cannabis operations proposed to occur on the premises. (l) A diagram and floor plan of the entire premises, denoting all the use of areas proposed for commercial cannabis operations, including, but not limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. (m) The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City,24 hours per day.
The contact information of the operator and responsible parties shall be provided to the Police Chief and updated within 24 hours of any changes.
(n) The proposed security affangements for ensuring the safety of persons and to protect the premises from theft.
(o) An accurate straight-line drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the oannabis operation and the property line of any school as set forth in the Operational Requirements. (p) Authorization forthe City and its agents and employees to seek verification of the information submitted.
Ord 22-02 (Cannabis Control Ordinance)
City Council
2. Improper or incomplete application. If the applicant has completed the application improperly, or if the application is incomplete, the Police Chief shall, within 30 days of receipt of the original application, notifu the applicant of such fact.
3. Changes in information. Except as otherwise provided, the information required by this Subsection (e) shall be updated with the Police Chief upon any change within 10 calendar days.
4. Other permits or licenses. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtained a regulatory permit. f. Employee permits.
1. Permit required. Every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery-related services for a commercial cannabis operation, except for vendors and certificated common carriers, shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.
2. Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so the Police Deparhnent can perform a background check:
(a) Name, current residence address, and telephone number (b) Date of birth.
(c) Tax identification number
(d) His or her height, weight, and color of eyes and hair (e) Photographs for identification purposes (photographs shall be taken by the Police Department). (f) Fingerprinted by the Police Department.
(g) Such other identification and information as deemed necessary by the Police Chief and pertinent to the employee permit.
(h) Authorization for the City and its agents and employees to seek verification of the information contained within the application.
(i) The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.
g. Application fees. Every application for a regulatory permit, employee permit, or employee permit renewal shall be accompanied by a nonrefundable fee, as established by resolution of the City Council. This fee shall be in addition to any other business license fee or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks, and the general review and processing of the application. As an alternative to the regulatory permit fee, the City and applicant may enter into a specific project processing costs agreement.
l.
Ord 22-02 (Cannabis Control Ordinance)
City Council
h. Investigation and action on application.
1. Upon the filing of a properly completed application and the payment of the fee, the Police Chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Firebaugh Police Department.
2. For regulatory permits, after the background checks and investigation are complete, and in no case later than 120 days after receipt of a properly completed application, the Police Chief shall issue a recommendation that the City Council approve or deny a regulatory permit in accordance with the provisions of this section. The recommendation for approval shall include conditions the Police Chief deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the City Council for action following any required noticing and public hearings and may be processed concurrently with any other development application(s) necessary for the commercial cannabis operation.
3. For employee permits, after the background checks and investigation are complete, and in no case later than 30 days after receipt of a properly completed application, the Police Chief shall either approve or deny an employee permit. At the discretion of the Police Chief, employee permits may be conditionally approved pending the background investigation.
Term of permits and renewals. Employee permits issued under this section shall expire one year following the date of issuance. Applications for renewal shall be made at least 45 days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed j. Grounds for denial of regulatory permit. The City Council may in its sole discretion deny a regulatory permit or limit a regulatory permit to specified uses. When considering whether to deny or limit a regulatory permit, the Council shall consider the following:
l. Whether the business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule, or regulation.
2. Whether the business owner or operator has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state; whether that permit was suspended or revoked; and whether the business owner or operator has had disciplinary action relating to the permit.
3. Whether the business owner or operator has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.
4. Whether the business owner or operator, or any responsible person, has been (a) Convicted of a violent felony, as specified in Subdivision (c) of Section 667.5 of the Penal Code; and
(b) Convicted of a serious felony, as specified in Subdivision (c) of Section 1192.7 of the Penal Code; and
Ord 22-02 (Cannabis Control Ordinance)
City Council
(c) Convicted of a felony involving fraud, deceit, or embezzlement; Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to fumish, administering, or giving any controlled substance to a minor; and (d) Convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code; and
(e) Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Sections 12025 or 12025.1 of the Fish and Game Code; and
(l) Sanctioned by a licensing authority or a city, county, or City and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the City; and (g) A conviction for any controlled substance felony subsequent to permitting shall be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit. A "conviction" within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea ofnolo contendere.
5. Whether the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
6. Whether the business owner or operator is under 2l years of age, or any older other age set by the state.
7. Whether the cannabis operation complies with the zoning ordinance or development standards of the City of Firebaugh.
8. Whether the required business license fee, annual regulatory fee, revenue raising fee, or other City fees and/or taxes have been paid.
9. Such other grounds the Council determines are reasonable k. Grounds for denial of employee permit. The grounds for denial of an employee permit shall be one or more of the following: The applicant has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.
1. The applicant has been
(a) Convicted of a violent felony, as specified in Subdivision (c) of Section 667.5 of the Penal Code. (b) Convicted of a serious felony, as specified in Subdivision (c) of Section 1192.7 of the Penal Code.
(c) Convicted of a felony involving fraud, deceit, or embezzlement.
Ord 22-02 (Cannabis Control Ordinance)
City Council
(d) Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(e) Convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code.
(f) Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Sections 12025 or 12025.1 of the Fish and Game Code.
(g) Sanctioned by a licensing authority or a city, count5r, or City and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date, the application is filed with the City.
2. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
3. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.
4. An applicant is under 2l years ofage, or any older age set by the state l. Notice of decision and final action.
1. Regulatory permit. Action on the regulatory permit shall be as follows:
(a) The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid.
(b) Following a public hearing, the Council may grant the regulatory permit, limit the regulatory permit to specified uses, or deny the issuance of the regulatory permit for any of the grounds specified in this section. In granting a regulatory permit, the Council may impose such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The decision of the Council shall be final, subject to judicial review below.
2. Employee permit. Action on the employee permit shall be as follows: The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid. The Police Chiefs decision on an employee permit shall be final. m. Suspension and revocation of regulatory permit or employee permit.
1. Regulatory permit. The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:
(a) The commercial cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable law.
Ord 22-02 (Cannabis Control Ordinance)
City Council
(b) The commercial cannabis operation is conducted in such a manner as to create a risk of danger to the public health or safety.
(c) A failure to pay the regulatory fee, the revenue raising fee, or all City taxes as required. (d) A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business. (e) A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.
(f) Any act which would be considered grounds for denial of the regulatory permit in the first instance.
2. Employee permit. The Police Chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:
(a) Any act which would be considered a ground for denial of the permit in the fint instance. (b) Violates any provision of this section, the Act, or any other applicable law relating to the commercial cannabis operation.
(c) Violates or fails to comply with the terms and conditions of the employee permit
3. Procedures for revoking regulatory permits. For regulatory permits, the procedures for revoking conditional use permits shall be utilized, except that the matter shall be heard by the City Council in the first instance.
4. Procedures for revoking employee permits. Prior to suspension or revocation of an employee permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit.
Notice may be given either by personal delivery or by certified United States mail, postage prepaid to the last known address. Any permittee aggrieved by the decision of the Police Chief to suspend or revoke an employee permit shall have no appeal rights and the Police Chiefs decision shall be final, subject tojudicial review as set forth in this section.
5. Immediate suspension. The Police Chief may immediately suspend or revoke a regulatory permit or an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under the following circumstances :
(a) The business owner, operator or responsible party is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.
(b) The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.
Ord 22-02 (Cannabis Control Ordinance)
City Council
n. Effect of denial or revocation. When the City Council shall have denied or revoked a regulatory permit, or the Police Chief shall have denied or revoked an employee permit, no new application for a regulatory permit or an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the regulatory permit or employee permit. o. Abandonment. A regulatory permit shall be deemed abandoned if commercial cannabis operations cease for a period of more than 90 consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety-day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.
p. Fees and taxes. All commercial cannabis operations in the City of Firebaugh shall pay applicable fees and taxes, which may include one or more of the following:
[Amended 7-15-2019 by Ord. No. 19-03]
Business license fee. The business owner shall always maintain a current and valid business certificate and pay all business taxes required by Title 5, Chapter 5.04, of the Firebaugh Municipal Code pertaining to Business Licensing.tzl
l2l Editor's Note: See Ch. 4, Licenses and Business Regulations.
2. Regulatory license fee. The business owner permitted to operate a commercial cannabis operation within the City of Firebaugh shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of services, including, but not limited to, anticipated enforcement relating to the commercial cannabis operation. The amount of the fee shall be set by resolution of the City Council and be supported by the estimated additional service costs associated with the commercial cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.
3. Revenue raising fee. An annual revenue raising fee ("revenue raising fee") shall be applied for the privilege of having the right to operate in the City and provided as a condition of the development agreement.
(a) Revenue raising fee finding. The City Council specifically finds that it is approving this Ordinance allowing commercial cannabis operations to operate in the City with the express understanding that the business will pay the revenue raising fee to the City as set forth herein, and that without the revenue raising fee, the City Council would not have adopted this Ordinance allowing commercial cannabis operations to operate in the City. By opening a commercial cannabis operation in the City, the premises owner, business owner, operator, and all responsible parties agree that, ifthe revenue raising fee is challenged by any one ofthem or a third party and set aside, the business must cease operation.
(b) Amount of fee and terms of payment. The revenue raising fee shall be an annual fee of $25 per square foot for the first 3,000 square feet, which shall be the minimum annual fee for all commercial cannabis operations, and $10 per square foot for the remaining space utilized in connection with each commercial cannabis operation. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner I
Ord 22-O2 (Cannabis Control Ordinance)
City Council
and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). The total under-canopy square footage shall be included in the square footage calculation. (c) Dispensary fees and taxes. Dispensaries permitted within the City of Firebaugh shall be subject to the annual business license fee, annual regulatory permit fee based on square footage as set forth in Subsection p3(b)above, and a percentage-based revenue-raising fee as set out in the development agreement for the commercial cannabis operation regulatory permit. (d) If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the revenue raising fee. The revenue raising fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall not be prorated, and in no event shall the first payment be less that the equivalent of one full quarterly payment. AII quarterly payments shall be received by the City before the end of the quarter.
(e) The amount of the revenue raising fee shall be set by resolution of the City Council. (f) Alternative voter-approved tax. If the voters of the City approve a tax on commercial cannabis operations, the business owner shall pay that tax in lieu of the revenue raising fee once the City begins to collect the tax revenue.
4. Cannabis taxes. In addition to any other business or license fees required under this $ 25-41.13, the business owner or cannabis license holder shall be responsible for collecting and remitting any and all taxes, whatever their nature, that are legally in effect at the time. q. Recordkeeping. The responsible party shall make and maintain complete, accurate, and legible records of the permitted commercial cannabis operations evidencing compliance with the requirements of this section.
Those records shall be maintained for a minimum of five years.
Inspection. Commercial cannabis operations shall be open for inspection by any City law enforcement officer, City code enforcement officer, or City financial auditor or their designees at any time the commercial cannabis operation is operating, at any other time upon responding to a call for service related to the property where the commercial cannabis operations are occurring, or otherwise upon reasonable notice. Recordings made by security cameras at arry commercial cannabis operation shall be made immediately available to the Police Chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.
s. Indemnification.
1. In authorizing commercial cannabis operations under this section, the City makes no guarantees or promises as to the lawfulness of the approved activity under state or federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws and regulations. To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to the adoption of this Ordinance or the operation of any commercial cannabis operation approved pursuant to this Ordinance, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemniff the City, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal govemment. An adverse determination could include cessation of operations. r
Ord 22-02 (Cannabis Control Ordinance)
City Council
2. The business owner agrees to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this Ordinance. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the permittee of its obligation hereunder.
3. If requested by the City Attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.
Section 2: This ordinance shall take effect thirty (30) days after its adoption.
Section 3: The City Clerk is authorized and directed to cause this ordinance to be codified after its adoption.
Section 4: The City Clerk is further authorized and directed to cause this ordinance, or a summary of this ordinance, to be published once in a newspaper of general circulation published and circulated in the City of Firebaugh within fifteen (15) days after its adoption. If a summary of this ordinance is published, then the City Clerk also shall cause a summary of the proposed ordinance to be published and a certified copy of the full text of the proposed ordinance to be posted in the Office of the City Clerk at least five (5) days prior to the Council's meeting at which the ordinance is to be adopted and again after the meeting at which the ordinance is adopted. The City Attorney shall approve the summary. *rF*
The foregoing Ordinance No. 22-02 was introduced at a regular meeting of the City Council of the City of Firebaugh on the 7h day of February,2022, and was passed and adopted at a regular meeting of the City Council on the _ day of 2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVEI) ATTEST:
Brady Jenkins, Mayor
City of Firebaugh
Rita Lozano, Deputy City Clerk
City of Firebaugh
MUNICIPAL SOLID
WASTE FRANCHISE AGREEMENT
BETWEEN
CITY OF FIREBAUGH, CALIFORNIA
AND
MID-VALLEY DISPOSAL, LLC
TABLE OF CONTENTS
sEciloN 1 - covENANTS, REPRESENTATTONS AND WARRANT|ES........... .......................2 SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE RESIDENTIAL AND COMMERCIAT FRANCHISE...3 SECTION 4 _ TERM AND TERMINATION ..5
SECTION 5 - FRANCHISE AREA ..5
sEcTtoN 5 - SERVTCES PROVTDED BY GRANTEE .......................5 SECTION 7 - OWNERSHIP OF SOLID WASTE INCTUDING RECYCTABTE MATERIATS .8 SECTION 8 - WASTE DETIVERY DESIGNATION .8
SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND..... .........9 SECTION 10 - FAILURE TO PERFORM AND REMEDIES ..11
SECTION 11 - FRANCHISE TRANSFER.. 15
SECTION 13 - COMPENSATION t7
SECTION 14. FORCE MAJEURE .21
SECTION 15 - OTHER PROVISIONS .2t
SECTION 16 - SEVERABITITY 23
EXHIBIT.,A,, - PROVIDED SERVICES 25
EXHIBIT,,B,, - SB 1383 COMPTIANCE PROGRAMS 27
EXHIBIT,,C,, - DEFINITIONS 31
EXHIBIT "D" - FEES 37
MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT
BETWEEN
CITY OF FIREBAUGH, CALIFORNIA
AND
MID.VALLEY DISPOSAL, LLC
This Franchise Agreement ("Franchise Agreement") is entered into this first day of April 2022,by and between the City of FIREBAUGH ("City") and Mid-Valley Disposal, LLC, a California Limited Liability Company ("Grantee" or "Contracto/'), for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in Exhibit "A."
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 ("AB 939'), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, Grantee has laMully conducted solid waste handling operations in the City for several years, and has delivered a level of service to its customers commensurate with the highest industry standards. Grantee is well-qualified to continue providing that service; and WHEREAS, the previous agreement and amendments between City and Grantee need to be updated; and
WHEREAS, in consideration of a long-term agreement, Grantee has agreed to waive and release City from all prior claims related to the previous agreement; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, the City Council declares its intention of ensuring the delivery of adequate Solid Waste Handling services and of maintaining reasonable Fees for the provision of such handling services within the City;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 SECTION 1 . COVENANTS. REPRESENTATIONS AND WARRANTIES A. Covenants, Representations and Warranties of Grantee Grantee hereby makes the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement.
(1) Grantee is duly organized and validly existing as a limited liability company in good standing under the laws of the State of California.
(2) Grantee has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement. (3) Each Person signing this Agreement on behalf of Grantee has been authorized by Grantee to do so, and this Agreement has been duly executed and delivered by Grantee, and constitutes a legal, valid and binding obligation of Grantee enforceable against Grantee in accordance with its terms.
(4) To the best of Grantee's knowledge, there is no action, suit, or proceeding before any court or governmental entity against Grantee or affecting Grantee, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Grantee.
(5) Grantee has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Grantee's or, if applicable, in Grantee's parent company's, financial circumstances since the date of the most recent financial statements or information, submitted to the City or reviewed by the City at the offices of Grantee.
(6) Grantee has the expert, professional, and technical capability to perform all of its obligations under this Agreement and will maintain the capability at all times during this Agreement's term. Grantee represents that it is familiar with existing law and recognizes that it is the City's agent in fulfilling waste hauling requirements as outlined under the Firebaugh Municipal Code.
(7) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Manager the security instrument and certificates of insurance required by the Agreement.
(8) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Manager reasonably acceptable proof that the Grantee has obtained all necessary permits, authorizations and licenses which are required for furnishing such service.
B. Covenants. Representations and Warranties of the Citv The City hereby makes the following covenants, representations and warranties to and for the benefit of Grantee as of the date of this Agreement:
2 (1) The parties executing this Agreement on behalf of the City are duly authorized to do so.
This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms. (2) To the best of the City's knowledge without having conducted any research, there is no action, suit, or proceeding against the City before any court or governmental entity wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement.
(3) The City shall reasonably consistent with its governmental duties, cooperate with Grantee in preserving the confidentiality of Grantee's proprietary information, including trade secret information, and preventing its disclosure. lt will be the obligation of Grantee to designate what information it deems to be a trade secret or otherwise in need of protection at the time such information is provided to City. No copies of such proprietary information shall be retained by City as public records under California law. Such information may include financial information that concerns activities or aspects of the Grantee's business that are unrelated to any work performed for the City, and any other information from which the identity of any account, customer, vendor, buyer, supplier, end user, or other source or transferee of recyclable material may be reasonably ascertained, such as name, address, or other identifying information. Grantee shall defend and indemnify City, elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers, including for City attorney fees, staff costs, awards and judgments, for any claims brought against City for failure to produce any requested documentation related to Grantee and its business in possession of City in accordance with a Public Record's Act. (4) The City shall use best reasonable efforts to update and amend applicable provisions of its Municipal Code to the extent the City determines such changes are necessary to conform to this Agreement and to meet its obligations hereunder.
SECTION 2 - DEFINITIONS
Whenever any term used in this Franchise Agreement has been defined by 48939 or in the Municipal Code, the definitions therein, as presently defined and as they may be amended in the future shall apply unless the term is otherwise defined in this Agreement. ln the event of conflict between the definition found in AB939, in the City Code and this Agreement, the definition in this Agreement shall govern all other definitions, while the definition in the City Code shall take precedence over the definition contained in A8939. The definitions are set forth on the attached and incorporated Exhibit "C".
SECTION 3 . GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE
RESIDENTIAL AND COMMERCIAL FRANCHISE
A. Grant of Franchise
Pursuant to the provisions of the City Code and pursuant to A8939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby grants to Grantee the sole and exclusive right, privilege, and franchise to provide the Solid Waste Handling services described in Exhibit "A" (Provided Services) to this Agreement to all single family units, multifamily units, and commercial, industrial, and institutional premises within the City, and to use the City streets and roads for such purpose. City shall actively enforce the exclusive rights of Grantee to 3 provide services within the Franchise Area. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling franchise permissible under applicable law including its general municipal police powers and the specific authority given to localagencies by California Public Resources Code Section 40059 to determine aspects of solid waste handling that are of local concern. The foregoing reference to Section 40059 includes the relevant appellate case law interpreting that statute.
B. Acceptance of Franchise
Grantee agrees to be bound by and comply with all the requirements of this Franchise Agreement.
Grantee waives, terminates and hereby releases any right or claim to serve any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity.
C. Exceptions to Exclusivity
The foregoing Grant of Franchise excludes the following (1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lavrrfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not "self-haul" within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same. (3) Sale or Gift of Recyclable Materials. Source separated Recyclable Materials which are either donated or sold by the generator of the materials to a party other than Grantee. A mere discount or reduction in price of the Grantee's charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed "solid waste" within the meaning of California Public Resources Code Section 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services ("fee for service" recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
4 SECTION 4 - TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on April 1st 2022 and expire at 12:00 a.m. on March 31st ,2032. Thereafter, beginning on April 1st ,2023, and on each April 1't anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years. Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2023.
Any such notice, properly given, shall serve to terminate the automatic one-year renewal and extension provision only, and this Agreement shall remain in effect for the balance of the term then outstanding. ln the event that either party exercises its right to terminate the automatic renewal and extension provision under this paragraph, the parties may subsequently reinstate the automatic renewal and extension provision by mutual written agreement. Termination of this Agreement may also occur pursuant to the section "Failure to Perform and Remedies," hereafter stated in this Agreement.
SECTION 5 . FRANCHISE AREA
The Franchise Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise. Grantee shall perform Solid Waste Handling services pursuant to this Agreement only in such Franchise Area.
SECTION 6 . SERVICES PROVIDED BY GRANTEE
The following minimum operating requirements shall apply to Grantee, except to the extent any operating requirement is specifically eliminated or modified in Exhibit "A":
A. Emplovees
(1) Each employee or other Person driving Grantee's vehicle shall at all times have a valid California vehicle operator's license appropriate for the vehicle being driven. (2) All Grantee employees shall wear clean clothing of a uniform type when engaged in collection operations under this Agreement.
(3) Each employee dealing with Customers, including without limit those engaged in collection or billing, shall at alltimes behave in a courteous manner. (4) Noncompliance with the employee items above are subject to the terms of Section 10, Failure to Perform and Remedies.
B. Hours of Collection
Grantee shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day.
C. Office for lnquiries and Complaints
5 City shall receive and log customer inquiries and complaints and transmit any service requests or complaints to Grantee electronically or via other mutually agreed upon method. Grantee shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number. Such listing shall be in the Grantee's name or in the fictitious business name under which Grantee provides Solid Waste Handling services to the Area. This Section shall not require the Grantee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Grantee.
D. Records and Reports
Grantee shall prepare, maintain and provide to the City such records and reports as required in this Agreement, as well as records related to services in this agreement required under any other applicable law.
E. Requested Service
Grantee shall provide Solid Waste Handling services to all Customers within its approved Franchise Area who request such service, except when denial or discontinuance of service is specifically authorized by this Agreement. Such service shall commence within seven (7) working (waste collection) days of the Customer's request.
F. Collection Frequencv
For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with Section 17331 of Title 14, California Code of Regulations. Grantee shall correct any missed collection of a Customer's Solid Waste within two (2) working (waste collection) days of notice thereof, unless the next regular collection of such waste is scheduled to occur within three (3) working (waste collection) days of such notice.
G. Containers
ln addition to any requirement Grantee is subject to under its Health and Safety Permit, each container shall be replaced in its proper place in a neat and orderly manner; any litter spilled from a container by Grantee's employees while emptying a container shall be cleaned up by Grantee's employees.
H. Noise
ln addition to any requirement Grantee is subject to under applicable law, Grantee shall not create any noise in excess of what is reasonable and necessary in providing Solid Waste Handling services to its Customers. Further, Grantee shall actively evaluate and strive to implement noise reduction measures on an ongoing basis, consistent with common industry practice and standards applicable in similar circumstances.
l. Collection Equipment
Grantee shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under its Franchise Agreement. No vehicle shall be used for the collection and transportation of Solid Waste prior to such initial and/or periodic inspection and 6 approval by the Department of Public Health, Division of Environmental Health Services to the extent required under the Grantee's applicable Health and Safety Permit.
All motor vehicles used by Grantee under its Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. ln addition, vehicles must be in compliance with the California Air Resources Board requirements and any other applicable state or federal laws and/or regulations pertaining to the operation of Solid Waste handling equipment.
J. Privacv
Grantee shall strictly observe and protect the rights of privacy of its Customers. lnformation identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless as part of a legitimate inquiry by a governmental unit, or as authorized by a court of law or by statute, or upon written authorization of the Customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939, or the City, provided that no such analysis shall identify any person or connect any person to any particular waste. ln addition, Grantee shall not market, sell, convey, or donate to any Person any list with the name or address of Customers except that Grantee may provide such lists to authorized employees and authorized representatives of the City as necessary to comply with this Franchise Agreement. Grantee shall, at all times and consistent with prevailing industry standards, utilize encryption or other security measures reasonably calculated to protect Customer information from unauthorized disclosure.
K. Customer Complaints
Grantee shall respond to customer complaints whether received directly from customers, or by customer through City. Grantee shall designate a government liaison Person responsible for working with the City to resolve Customer complaints. The name of the liaison Person and a 24 hour availability telephone number shall be provided to the City Manager. Customer complaints shall be resolved in accordance with Section 10(B) herein, "Resolution of Customer Complaints." L. Propertv Damaoe
(1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Grantee to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Grantee at Grantee's sole expense. (2) Wth respect to driving surfaces, Grantee shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be demonstrated that such damage is the result of vehicles exceeding speed limits or maximum weight limits set by the State of California or by other negligent operation of vehicles by Grantee's employees.
7 M. Gratuities
Grantee shall not, nor shall it permit any officer, agent, or employee employed by it, to request, solicit or demand, either directly or indirectly, any gratuity for services authorized or required under its Agreement.
N. Laws and Licenses
Grantee shall comply with all federal, state, and City, County or local laws, ordinances, rules, and regulations applicable, from time to time and as amended, to the performance of the Solid Waste Handling services provided under this Franchise Agreement and shall obtain and maintain in full force and effect all licenses and permits necessary to perform such services throughout the term of this Franchise Agreement.
O. Services Durinq Strikes, Lockouts or Other Labor Disturbances ln the event of labor strikes, lockouts, or other labor disturbances, Grantee and City agree to cooperate fully in developing and implementing contingency plans forthe continued collection and handling of Solid Waste in order to safeguard public health and avert imminent and substantial threats to public health and safety. Wthout limitation, these cooperation efforts may include prioritizing the collection of Solid Waste from certain businesses in order to control the accumulation of Solid Waste that may lead to more immediate threats to public health such as putrescible waste, sewage sludge, and manure or other animal waste.
SECTION 7 . OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE
MATERIALS
Except as otherwise provided in state law, ownership of Solid Waste shall transfer to Grantee at such time as the Solid Waste is discarded by the Solid Waste Handling service Customer. City makes no claim of ownership to the discarded solid waste.
SECTION 8 . WASTE DELIVERY DESIGNATION
City reserves the right to designate the disposal facility or facilities to which Grantee shall deliver Solid Waste generated within City and collected by Grantee pursuant to this Agreement This designation, when made, shall be subject to the following:
(1) Solid Waste that Grantee determines to be suitable for Processing or green composting may be delivered by Grantee to a Materials Recovery Facility or Designated Source Separated Organic Waste Facility selected by Grantee, and only the Residual Solid Waste resulting from Processing will be subject to the waste delivery designation. (2) lf the City Manager or his/her designee directs Grantee to deliver residual Solid Waste collected pursuant to this Agreement to a Solid Waste Facility that is different from the facility Grantee is then using forthe disposal of such waste, or in amounts that are different than the amount that Grantee is currently delivering to that facility, and this direction results in increased operating costs to the Grantee, Grantee shall be entitled to a corresponding Fee adjustment to fully compensate Grantee for the increased costs.
I
SECTION 9 . INDEMNIFICATION AND INSURANCE. AND PERFORMANCE BOND A. lndemnification of City
The Grantee agrees to indemnify, defend (with counsel chosen by City) and hold harmless the City and its authorized elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers from any and all fines, penalties, claims, actions (legal or administrative), losses, damages, and/or liability arising out of Grantee's performance of services under this Agreement, except to the extent, if at all, that such liability arises solely as a result of City's own gross negligence or willful misconduct. This Section 9 shall survive termination of the Agreement.
Hazardous Waste I ndemnification
Without limiting the generality of the foregoing, if Grantee is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, Grantee shall indemnify, defend with counsel chosen by City, protect and hold harmless the City and its respective elected officials, officers, employees, contractors, consultants, attorneys, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removalcosts, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its respective officers, employees, agents, or Grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste as to which Grantee has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where Grantee stores, handles, transports or disposes of Solid Waste pursuant to this Franchise Agreement. The foregoing indemnity does not extend to liability arising from de minimis amounts of household hazardous waste that Customers may place in solid waste receptacles, and excludes liability arising from City's decision to exercise its waste delivery designation rights under Section I of this Agreement where Grantor provided advanced written notice objecting to the location designated by the City. The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCg\", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, indemnify, and hold the City harmless from liability. This Section 98 shall survive the termination, lapse or any change in the relationship of the Parties hereto.
B. lnsurance Requirements
lnsurance Requirements
(1) Commercial General Liability
9 Contractor shall maintain commercial general liability insurance with coverage at least as broad as lnsurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. Contractor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using lnsurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. ii. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
iii. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City (2) Business Automobile Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident.
(3) Workers' Compensation and Employers' Liability
Contractor shall maintain Workers' Compensation lnsurance and Employer's Liability lnsurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (4) All Coverages
Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of lnsurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
iv. Acceptability of lnsurers - lnsurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- Vll or higher. t.
10 Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a "per subcontracto/' or "per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.
C. Performance Bonds or Other Securily
Grantee shall furnish to the City without additional charge a corporate surety bond, a letter of credit or other security device acceptable to the City in City's sole discretion, as security for performance under this Franchise Agreement (collectively "Security"). The amount of the Security shall be the lesser of one month's expected Gross Receipts Less Disposal Charge, or Fifty Thousand Dollars ($50,000.00). Adequate proof of the existence of the Security shall be provided (e.9., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewalthereof). The surety on the bond, the bank on which the letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.
D. Modification
The requirements of this Section 9 may be modified or waived in writing by the City upon the request of Grantee, provided the City reasonably determines such modification or waiver is in the best interest of City and of the public welfare, considering all relevant factors, including acceptable financial guarantees provided by Grantee or by a parent company of Grantee.
SECTION 1O . FAILURE TO PERFORM AND REMEDIES
The rights of the Grantee and City upon the failure of either to perform as required under this Agreement shall be as provided below:
A. Administration, Enforcement and Remedies
(1) lf the City Manager determines at any time that the Grantee's performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, the City Manager will notify Grantee in writing of such deficiencies ("Notice of Deficiency").
The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Manager, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Grantee of such written notice. lf the Grantee cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, but the Grantee immediately commences to V
11 correct or remedy such deficiency within the time set forth in the Notice of Deficiency and diligently pursues such correction or remedy thereafter Grantee shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and substantial threat to public health and safety should result in termination of the Agreement, minor defaults should be the subject of liquidated damages as set forth herein. For purposes of this section, assessment of liquid damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach. (2) The City Manager shall review the Grantee's response to the Notice of Deficiency. lf the City Manager determines that the Grantee has not cured the deficiency, or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Manager shall either:
Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10-A; or
ii. Decide the matter and notify the Grantee of that decision, in writing The decision of the City Manager may be to terminate the Franchise Agreement or may be to impose some lesser sanction;
The decision of the City Manager shall be final and binding on Grantee unless the Grantee files a "Notice of Appeal" with the City Managerwithin thirty (30) days of receipt of the City Manager's decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.
Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10-4.
(3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of Appeal, the City shall set the matter for hearing.
i. lf the City Council sets the matter for public hearing The City shall give Grantee, and any interested person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City shall consider the report of the Manager indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard.
Based on the evidence presented at the public hearing, the City Council shall decide the appropriate action to be taken. lf, based upon the record, the City determines that as noted in the Notice of Deficiency the Grantee's performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or constitute a materialviolation of applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, then the City may terminate this Franchise Agreement forthwith if it determines that an tr
12 imminent and substantialthreat to public health and safety has been created as a result of Grantees' deficiency, or in the case of any other uncorrected breach, it may impose such lesser sanction or sanctions not involving termination as it deems reasonably appropriate. The decision of the City Council shall be final and conclusive.
(4) Grantee's performance under this Franchise Agreement is not excused during the period of time prior to the City Manager's or the City Council's final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) ln the event Grantee: (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (ii) has had its Franchise Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:
To rent or lease from Grantee, at its respective fair and reasonable rental value, all or any part of the Grantee's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Grantee in providing the Solid Waste Handling services required under this Franchise Agreement. The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Grantee is (or was), obligated to provide pursuant to its Franchise Agreement. The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Grantee or Person to act on the City's behalf. Grantee shall be held responsible for the costs of indemnifying the City or its assignee from all liability resulting from the operation of Grantee's equipment. ln the case of equipment not owned by Grantee, Grantee shall assign to the City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses and uses such equipment, the right to possess and use the equipment. ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. lf a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the Manager by any equitable alternative method.
iii. lf the City exercises its rights under this subsection, the City shall pay or owe Grantee the reasonable rental value of the equipment so taken for the period of the City's possession thereof. The City may offset any amounts due to Grantee pursuant to this provision against any amounts due the City from Grantee. iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Grantee's Solid Waste Handling duties shall be billed and paid to the City. To the extent Grantee receives such revenue after City's assumption of Grantee's Solid Waste Handling duties, Grantee shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Grantee prior to the City's t.
13 assumption of duties) and Grantee shall be deemed to have assigned to City all of Grantee's right and interest to any such revenues.
(6) The City rights set forth in this Section 10-A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Grantee to perform its obligations under this Franchise Agreement. Further, by entering into this Franchise Agreement Grantee acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Franchise Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Franchise Agreement, and to enjoin the breach thereof. Grantee hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding.
B. Resolution of Customer Complaints
Procedures for resolution of complaints and other disputes shall be as follows (1) Grantee agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. (See Office of lnquiries and Complaints section herein). Service complaints may be investigated by City Manager, as necessary to resolve. Grantee shall provide reasonable cooperation in the event of such investigation. Grantee shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Grantee to resolve the complaint. All such records shall be maintained for at least three (3) years after Gran(ee's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Grantee whether received by City and forwarded to Grantee, or received directly by Grantee.
(2) lf the Grantee fails to cure a complaint, the City Manager shall review the complaint and determine if further action is warranted. The Manager may request written statements from the Grantee and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of Division 6 of Title 4 of the Code or of the breach of any term of this Franchise Agreement. ln addition to any other remedy of City contained in this Agreement, City may impose upon Grantee liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event or series of related events, or actual damages as demonstrated during the resolution procedure.
(4) The City Manager may delegate the duties under this Section to a designee. The decision of the City Manager or a designee shall be final on any matter of five hundred dollars ($500.00) or less. ln the event of a decision on a matter awarding more than five hundred dollars ($500.00), Grantee may seek review pursuant to the Notice of Appeal procedure contained in Section 10-A of this Agreement.
14 SECTION 11 . FRANCHISE TRANSFER
The rights of the Grantee in regard to the transferability of its Franchise shall be as set forth below (1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City. Any attempt by Grantee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement.
(2) This Franchise Agreement shall terminate on any Change in Ownership of Grantee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership.
(3) The City shall review a request by Grantee that the City approve a transfer of all or part of Grantee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Grantee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Grantee. lf the Grantee requests that the City consider and consent to a transfer or a Change in Ownership of Grantee, the Grantee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements:
The Grantee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.
ii. The Grantee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
iii. The Grantee shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
that the proposed transferee or the proposed management of the Grantee under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Grantee under this Agreement; 15 u
that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has not received any citations, Notice of Violations or other censure from any federal, state or local agency having jurisdiction over its waste management operations due to any failure to comply with state, federal or local waste management laws, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws; or (ii) involves actions which endangered the lives or property of any Person.
Grantee shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has at all times conducted its operations in an environmentally safe and conscientious fashion;
that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) conducts its solid waste management operations in accordance with sound waste management standards and practices and in full compliance with all federal, state and local laws regulating the collection and disposal of waste;
of the adequate financial strength of proposed transferee or of the Grantee under the proposed new ownership; and
of the ability of the proposed transferee or of the Grantee under the proposed new ownership to obtain and maintain required insurance and bonds.
SECTION 12 . REPORTS
Grantee shall provide the City Manager with such reports and information and make its records available for review as provided below:
A. General
(1) Grantee shall keep, and, maintain, and furnish copies of such operating records and reports as may be requested by City to ascertain compliance with this Agreement, and support requests for a Fee adjustment. City and Grantee agree that Grantee's financial data and operational records shall remain confidential with respect to third parties, and shall be protected from disclosure to the extent they contain proprietary information, including trade secrets, whether or not designated as such by Grantee. (2) All information required to be kept, maintained or furnished to the City shall be maintained a minimum of five (5) years after the entry of the most recent item therein; tr
16 B. Reoorting Requirements
During the term of this Franchise Agreement, Grantee shall submit to the City quarterly, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 939 and AB 901, as amended, and the regulations implementing each, in a manner acceptable to City. Grantee agrees to submit such reports and information as reasonably requested by the City. Grantee agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of the City's source reduction and recycling element and non-disposal facility element.
C. Annual and Quarterlv Reports
(1) Grantee shall assist City in preparation of allAnnual and Quarterly reporting required by CalRecycle, or successor agency, in accordance with this Agreement. (2) Quarterly reports shall be submitted forty-five (45) days following the end of each calendar quarter. The quarterly reports shall include:
i. Amount (in tons) and type of material collected.
ii. Amount and types of material deposited in the Solid Waste Facility iii. Amount and types of material recycled, processed or diverted. iv. Summary assessment of services, and identification of impediments to meeting service requirements.
An annual presentation will be made to the FIREBAUGH City Council upon an agreed date that is acceptable to both parties.
SECTION 13 . COMPENSATION
A. Compensation and Billing
Each party shall provide/maintain accurate and complete accounting and billing. Either party may request and be entitled to review the other party's accounting and billing related to this Agreement.
(1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Grantee. City shall provide billing services to all residential customers. Grantee shall directly bill all commercial and industrial customers who receive service pursuant to this Agreement, including Drop Box services billed and collected by Grantee.
V
17 On a monthly basis, City shall remit to Grantee the full amount of services provided based on the Grantee Fees set forth on Exhibit "D." On a monthly basis, Grantee shall provide City with a report of all customers billed directly by Grantee which shall include a calculation of franchise fees payable to City. City may deduct the franchise fees owed from the payment to Grantee for residential services billed by City. The monthly compensation payment to Grantee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. Said Fees paid to Grantee are exclusive of fees collected by City for billing and customer services provided by the City, contract management, enterprise fund management, and Franchise Fees. The parties acknowledge City's right to add and retain such fees.
Each party's accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party's accounting and billing related to this Agreement.
(2) Grantee's Fees. Grantee shall provide solid waste handling services pursuant to this Agreement at the Fees set forth in the attached Exhibit "D," the contents of which are incorporated by this reference. The Exhibit "D" Fees will apply at the inception of this Agreement, and are subject to adjustment as set forth elsewhere herein.
The parties acknowledge their understanding that the Exhibit "D" Fees are not necessarily reflective of the total charges that City will actually bill to customers. The City expressly reserves the right to charge customers whatever Rates it deems reasonable or appropriate, and the actual charges to a customer will include additional amounts, over and above the amount that will be paid to Grantee, to cover such administrative, finance, collection or other fees as the City determines proper. lf no Fee has been established for a particular service billed by City, Grantee and City shall mutually agree on an appropriate charge for that service or service level. lf no Rate has been established for a service billed directly by Grantee, then Grantee shall determine with Customer the appropriate charge, subject to City approval. Grantee shall promptly notify City of any new Rates to be billed by Grantee.
The Exhibit "D" Fees are inclusive of all Solid Waste handling services to be provided, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by customers). No other charges shall be imposed by Grantee for such services unless approved by City.
B. Adiustment to Fees
The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) Annual Cost of Living Adjustment (COLA)
Beginning July 1, following the Effective Date of this Franchise Agreement, and each July 1 thereafter, the Fee shall be annually adjusted upwards by adding a cost-of-living 18 adjustment (COLA) to the then current Fee. The COLA shall be based on the change in the annual Consumer Price lndex (CPl).
An example of the CPI adjustment for July 1 ,2021 is shown below Annual CPI-U 2019: 295.004
Annual CPI-U 2020: 300.084
Change: 5.080
% lncrease: 1.72o/o (5.080 + 295.004)
(2) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Grantee's compensation and the Fee adjustment mechanism provided in this Agreement result in Grantee's suffering losses which are substantially outside the commercially reasonable expectations of the parties. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Grantee may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Grantee and which is in excess of the Fee adjustment resulting from the application of the annual adjustment formula set for in subparagraph (a) above. An interim adjustment in Fees will be deemed justified if it is necessary for the Grantee to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Grantee. ln the event of such an application for an extraordinary Fee increase, it is understood that the Grantee shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (3) Franchise Fee Adjustment
The Franchise Fee adjustment shall be the pass through of one hundred percent (100%) of any increase or decrease in the Franchise Fee, and shall be effective as of the date the Franchise Fee increase or decrease is payable by the Grantee. (4) Change in Scope LevelAdjustment
The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid Waste Handling services which may be required of, or agreed to by, Grantee. 19 City shall provide Grantee ninety (90) days' notice of any requested changes in scope of this agreement. A Change in Scope Adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. ln no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. ln the event that the City Manager and the Grantee claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13-C (1) shall apply.
(5) Change in Law Adjustments
The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with material changes in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law. ln no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement. ii. ln the event that the City Manager and the Grantee claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13-C (1) shall apply.
C. Dispute Resolution Reqardino Adiustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in Section 13 above, which cannot be resolved between the Grantee and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon expert in the subject matter area of the dispute to resolve the dispute as to either or both. (i) the existence of a Change in Service Level or a Change in Law; and/or (ii) the effect on the Grantee's demonstrable costs of a Change in Service Level or a Change in Law. The decision of the expert shall be binding on the Grantee and the City. The cost of the expert shall be borne equally by the Grantee and the City and the Parties shall pay the expert(s) each party's respective share on demand by the expert(s). lf the Grantee and City cannot mutually agree upon an expert, either may petition the Superior Court of the County of Fresno to have an expert chosen by the court. The City and Grantee shall each have the right to suggest one expert to the court; the court shall choose one of the suggested experts.
(2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service LevelAdjustment or Change in Law Adjustment) 20 shall be decided by the City Manager within ten (10) working days after receipt of a written statement from the Grantee of the nature and basis of the dispute with a request that it be resolved by the City Manager. Grantee shall have the right to appeal the Manager's decision in writing to the City Council within thirty (30) days after the City Manager has given the Grantee written notice of the decision. Such appeal shall conform to the appeal provisions set forth in Section 10-A of this Agreement in respect to the form of the Notice of Appeal, the time limits for processing the appeal, and the amount of fees, if any, connected therewith. The City may consider the appeal or refer said appeal to a hearing officer as provided in Section 10-A of this Agreement.
(3) The most recent Fees approved by the City Manager in effect at the time a dispute is submitted to either the expert or City Manager, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall be determined by the expert, the City Manager, the City or a hearing officer, as appropriate.
D. Discontinuance of Service
Grantee may discontinue service for non-payment of Customer's billing (when directed by City for accounts billed by City, or in the event of non-payment by a Customer billed by Grantee), or Customer's failure to substantially comply with the requirements of the applicable provisions of state or local law which govern use, storage and collection of Solid Waste in accordance with this Agreement.
SECTION 14 - FORCE MAJEURE
Grantee shall not be in default under this Agreement in the event that the services provided by the Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as floods, earthquakes, landslides, and fires, severe weather or other catastrophic events which are beyond the reasonable control of Grantee and which Grantee could not reasonably be expected to have prevented or controlled. Catastrophic events do not include the financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee.
SECTION 15. OTHER PROVISIONS
A. lndependent Contractor
Grantee is an independent contractor and not an officer, agent, servant, or employee of City.
Grantee is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, agents, or employees shall obtain any rights to retirement or other benefits which accrue to City employees.
B. Riqht to Pass
Grantee shall have the right to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Solid Waste Handling services pursuant to its 21 Franchise Agreement, so long as it is not in receipt of a written notice revoking permission to pass.
Grantee shall have no rights greater than those then held by City.
C. Compliance with Municipal Code
Grantee shall comply with provisions of the Municipal Code that are applicable to operations hereunder, and with any and all amendments, from time to time, to such provisions during the Term of this Agreement.
D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. lf given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (ii) sent by overnight service provided proof of service is available; and (2) addressed to (i) the Grantee at its most recent address of record with City or (ii) to the Manager at the then-current address of City, as the case may be. lf given by email, such Notice shall be deemed sufficiently given if the receiving party confirms receipt. The addresses of the parties at the time of signing this Agreement are:
To City: Attn: City Manager
City of FIREBAUGH
1 133 P STREET
FIREBAUGH, CA 93622
To Grantee: Attn: Contract Administrator
Mid-Valley Disposal, LLC
15300 West Jensen Avenue
Kerman, CA 93630
Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.
E. Exhibits lncorporated
Exhibits "A" through "D" are attached to and incorporated in this Agreement by this reference as if fully set forth.
F. Laws and Licenses
City and Grantee shall, at their own separate costs, comply with all federal, State, and City laws, ordinances, rules, and regulations applicable to the performance of the services hereunder and 22 Grantee shall obtain and maintain in full force and effect throughout the term of this Agreement all licenses and permits necessary to perform the services hereunder.
G. Governinq Law
This Aoreement shall be qoverned bv the laws of the State of California. with venue in the Superior Court of the Countv of Fresno or the Federal District Court with iurisdiction over Citv.
H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree.
L Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in "portable document format" (".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.
SECTION 16 - SEVERABILITY
lf any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
SECTION 17 - ENTIRE AGREEMENT: AMENDMENT
This Agreement and its incorporated Exhibits constitute the entire agreement between the parties concerning the subject matter hereof and supersede any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the parties hereto with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except by written agreement signed by both parties hereto, Notwithstanding the forgoing, the parties acknowledge the provisions of "Chapter 6.20, Garbage and Rubbish Disposal" of the City Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Manager shall provide Notice to Grantee upon changes to the City Code that require a change in this Agreement. 23 SECTION 18 . CONSTRUCTION OF FRANCHISE
The parties hereto have negotiated this franchise at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physicalAgreement executed by the parties.
WTNESS the execution of this Agreement on the day and year written above
CITY OF FIREBAUGH MID-VALLEY DISPOSAL, LLC
Ben Gallegos, City Manager
James Sanchez, City Attorney
Approved to Form
Joseph Kalpakoff
Rita Lozano, Deputy City Clerk
Attest
President
24 EXHIBIT "A'' . PROVIDED SERVICES
This Exhibit sets forth the level of services to be provided by Grantee pursuant to its Franchise, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.
Grantee shall provide the Solid Waste Handling services in conformity with all provisions of this Agreement, including:
A. Sinqle Familv Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Grantee shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated in containers at residential units within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Grantee. Grantee shall supply containers, and shall require the use of specific containers as specified in this Exhibit "A.' Grantee may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Grantee in Exhibit'D.' Grantee shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Grantee of any Changes in Service Level.
B. Commercial. lndustrial, and Multi-Residential
(1) Multi-ResidentialWeekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at Multi-Residential Units. (2) Commercial and lndustrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.
C. Source Separated Materials - Contamination
Grantee shall conduct contamination monitoring as defined in Exhibit B of this Agreement D. Construction and Demolition Waste Temporarv Drop Box Services Grantee shall provide construction and demolition debris removal, including temporary Drop Box services using Fees reflected in Exhibit "D" unless debris is generated by a declared emergency disaster such as floods, fires, earthquake or other such occurrence as deemed meeting the criteria of disaster debris. The City may provide for Rates and services solely for the timely and efficient removal of "disaster debris" with the Grantee or other qualified public or private entity.
25 E. Special Collection Programs
The following minimum special collection programs shall apply to this Franchise Agreement:
(1) City Facilities: Grantee shall provide front load commercial service to the City at no cost for the following City-owned facilities:
i. Rodeo Grounds ii. City Hall
iii. Maldonado Park
iv. Senior Center
v. Waste Water Plant
vi. Fire Station
vii. Police Station
(2) Contractor shall participate in two (2) annual community clean-up day drop off events.
(3) Annual Leaf Pickup: Contractor will participate in a 2 month long program where residents can deliver leaves and green waste materials to a designated site where Contractor will divert for composting.
(4) lllegal Dumping: At Cities direction, Contractor agrees to provide targeted clean up of illegal dumping up to ten (10) tons annually.
(5) Christmas Trees: Grantee shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.
(6) Senior and Handicapped Service: When a Customer produces evidence that he or she is at least 65 years of age or a medical practitioner's statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, togetherwith his/her affidavit certifying that no able-bodied person under 65 years of age on the premises is available for such purposes, Grantee will provide walk-in service to such premises.
(7) Provide free special event containers for City Sponsored Events.
F. Emerqencv Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed meeting the criteria of a disaster in which debris is created, the Grantee will be given the first right of refusal in its franchise area to offer temporary bin/roll off services using Fees reflected in Exhibit "D", to transport debris to a staging area or disposalfacility designated by the Manager. (2) During any period of time that Grantee is unable to service its franchise area during such declared emergency, either for loss of transportation, lack of assistance or an 26 overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Grantee shall notify City when it regains its ability to recommence service in its franchise area and City will, within a reasonable time period, terminate any contractwith third-party entities for the same services.
(3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions.
EXHIBIT ..B''
. SB 1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under S81383, Contractor shall implement the programs identified in this Exhibit B. These programs are designed to meet the implementation and education requirements of SB1383 and help the City achieve annual diversion requirements set by CalRecycle. The City's actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City's enforcement of applicable codes, and the City's implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.
1. Collection Requirements and Gontainer Labeling
Contractor shall provide a 3-container collection program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such as hinges and wheels may be different colors.
New containers or lids placed by Contractor shall include language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited container contaminants for each container.
2. Education and Outreach
To promote public education about recycling requirements, Contractor shall create public education materials and conduct education programs and activities described in this Section.
Annual Notice: Contractor shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR Section 18985.1(a). Such mailer shall be distributed by Contractorto all Residentialand Commercial mailing addresses including individual Multi-Family Dwelling Units. Contractor shall also make this notice available in an electronic format through the Contractor's website.
lnstructional Service Guide: Contractor shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays
27 Propertv Owners and Businesses: Contractor shall annually provide Property Owners and Commercial Business owners with public education materials in electronic format for their distribution to all employees, contractors, tenants, and Customers of the properties and businesses. The Contractor's public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirement of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. ln this case, the Commercial Business or Multi-Family Property Owner may request delivery of materials by contacting the Contractor's customer service department not later than two (2) weeks in advance of the date that the materials are needed.
TechnicalAssistance Proqram: Contractor shall provide ongoing technical assistance for Commercial and Multi-family generators that are required to participate in source separated recycling under applicable laws including AB 341, AB 1826, and SB 1383 and corresponding regulations. Technical assistance may include on-site training, instructional guides, printed or electronic materials and other resources that satisfy regulation requirements.
Contamination Monitorinq: Contractor shall perform contamination inspections by utilizing on-board monitoring systems or physical container inspections. For physical container inspections, Contractor's personnel shall lift the Container lid and observe the contents.
For Collection vehicles equipped with a video camera and monitoring system, Contractor's personnel shall observe, via the hoppervideo camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle. Upon finding Prohibited Container Contaminants in a Container, Contractor shallfollow the contamination noticing procedures set forth below.
3. Waste Evaluations
Sampling Method: Contractor shall, at its sole expense, conduct waste evaluations that meet the requirements of 14 CCR Section 18984.5(c). The Contractor shall conduct waste evaluations for contaminants using the Standard-Compliance Approach or other methods approved by Cal Recycle at least twice per year and the studies shall occur in two distinct seasons of the year. Contractor shall provide adequate notice to City of when waste evaluations will occur, and City reserves the right to observe waste evaluations.
Contamination Notifications: lf the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25o/o) of the measured sample for any material stream, the Contractor shall notify City within fifteen (15) working days. Contractor may perform targeted waste audits to determine the source of contaminants and provide technical assistance to those generators or notify all generators of their obligation to properly source separate materials. The Contractor may provide this information by placing a written notice on the Generators' Containers or the gate or door of the Premises; and/or by mail, e-mail, or electronic message to the applicable Generators.
28 Contractor will coordinate with City to develop procedures regarding alleged violations of these recycling programs.
4. Procurement
At City option, Contractor agrees to make available for purchase up to 650 tons of compost or mulch annually to help City meet its procurement requirements. Contractor also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City.
5. Waivers
The City shall be responsible for granting waivers to commercial or multi-family generators that meet the de minimis requirements subject to the requirements under S81383, pursuant lo 14 CCR Section 1898411, or other requirements that may be specified by City. This includes physical space waivers where services may be impacted.
Contractor shall provide City with required generator information on services and activity that is needed as part of the waiver application. Contractor may also assist generators with waiver applications or submit on their behalf.
6. Edible Food Recovery
Contractor shall provide City with necessary data and reporting to determine which customers are considered tier 1 and tier 2 commercial edible food generators.
At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
. lnformation about the City's Edible Food Recovery program; o Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
o Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,
o lnformation about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
7. Reporting
Contractorwill provide the data or prepare reports required to meet S81383 requirements which includes:
o The number of generators that receive organic waste collection service o The number of route reviews conducted for prohibited container contaminants r The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants. r The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews o The number of commercial edible food generators located within the jurisdiction 29 30
EXHIBIT "C'' . DEFINITIONS
For the purposes of this Franchise Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:
A. AB 939. "AB 939" means the California lntegrated Waste Management Act of 1989, being Division 30 of the California Public Resources Code, commencing with Section 40000 thereof, as it may be amended from time to time.
B. AB 1826. "AB 1826' means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as'AB 1826," as amended, supplemented, superseded, and replaced from time to time
C. BULKY WASTE. "Bulky Waste" means discarded furniture (including but not limited to chairs, sofas, mattresses, and rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as "white goods"); discarded stereos, televisions, computers, VCR's, and other similar items (commonly known as "Electronic-Waste"); wood waste, tree trunks and large branches if more than six inches in diameter or four feet in length, scrap wood, rocks, sod and earth.
Bulky Waste does not include construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. ln addition, Bulky Waste does not include waste tires.
D. CHANGE lN LAW. "Change in Law" means the imposition (or removal), after the establishment of a Fee relative to a Franchise Agreement, of any duty or burden imposed upon the Grantee in the performance of the Solid Waste Handling services required of it under the Franchise Agreement which is or becomes additional to (or is subtracted from) or different from those duties required or contemplated in its Franchise Agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local law, statute, ordinance or regulation. (2) a regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a federal court interpreting federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a federal, state or local law, statute, ordinance or regulation, in a manner different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.
E. CHANGE lN LAW ADJUSTMENT. "Change in Law Adjustment" means the adjustment to Fee as determined under the provisions of Section 13-B (6) of this Agreement.
F. CHANGE lN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Grantee being different than such ownership as of the date of the approval by the City 31 of the Franchise Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Grantee on the date of the approval of the Franchise Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "lnitial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an lnitial Owner shall be considered as owned by an lnitial Owner in determining if a Change in Ownership has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock. (4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an lnitial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.
G. CHANGE lN SCOPE ADJUSTMENT. "Change in Scope Adjustment" means the adjustment to Fee as determined underthe provisions of Section 13-B (5) of this Agreement.
H. COMMERCIAL EDIBLE FOOD GENERATORS. "Commercial Edible Food Generatoi' means a Businesses identified as Tier One and Tier Two edible food generators as defined in 14 CCR Section 18982.
CONSUMER PRICE INDEX. "Consumer Price lndex" or "CPl" means the Consumer Price lndex, All ltems, Not Seasonally Adjusted, San Francisco-Oakland-Hayward, California, as published by the U. S. Department of Labor, Bureau of Labor Statistics, Series ld. CUURS49BSA0, Base Date 1982-84=100, or the most similar successor index if this index is no longer published.
J. CITY. "City" means the City of FIREBAUGH, State of California K. CITY SOLID WASTE DISPOSAL SYSTEM. "City Solid Waste Disposal System" means at any particular time, the then-existing Solid Waste Facilities which the City owns, leases or has a contractual right to use.
L. CUSTOMER. "Customer" means any Person receiving Solid Waste Handling services pursuant to this Agreement.
M. DESIGNATED SOURCE SEPERATED ORGANIC WASTE FACILITY: "Designated Source Separated Organic Waste Facility" means a facility identified by Contractor that meets the definition of 14 CCR Section 18982(a)(33). 32 N. DROP BOX. "Drop Box" means a steel, open-top container holding at least eight (8) cubic yards that rolls off and on a transport truck.
O. EFFECTIVE DATE. "Effective Date" means April 1st, 2022 P. ELECTRONIC WASTE. "Electronic Waste" for purposes of this Agreement means electronic waste materials generated by residential or commercial Customers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing Cathode Ray Tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.
Q. EXCLUDED WASTE. "Excluded Waste" means Hazardous Substance, Hazardous Waste, lnfectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Approved/Designated Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class lll Landfills or accepted at the Facility by permit conditions, waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in SingleFamily or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
R. FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as Exhibit "D," which provides the Fees to be paid to Grantee by City in consideration of the Solid Waste Handling services provided by Grantee hereunder. The Fees in Exhibit D include a Franchise Fee equalto 15.0%. Rates charged Customers by City may be higher than Fees paid Grantee in order to cover appropriate City costs.
S. FOOD SCRAPS. "Food Scraps" means all discarded food such as fruits, vegetables, beans, pasta, and other materials accepted at the designated organics processing facility.
T. FRANCHISE AGREEMENT. "Franchise Agreement" means the Agreement entered into between the City and the Grantee which authorizes/requires the Grantee to provide Solid Waste Handling services in a specified Franchise Area.
U. FRANCHISE FEE. "Franchise Fee" means a defined portion of revenue from rates retained by City as compensation to City for the exclusive right assigned to Grantee to provide Solid Waste Handling services within the Franchise area.
V. GRANTEE. "Grantee" means Mid-Valley Disposal, LLC, a California Limited Liability Company.
W. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.
33 X. GROSS RECEIPTS
(1) "Gross Receipts" means all monies received by Grantee for providing the Solid Waste Handling services specified in its Franchise Agreement Exhibit'D'. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Grantee that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.
Y. HAZARDOUS WASTE. "Hazardous Waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife during or as a proximate result of any disposal of such waste or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the California Health and Safety Code and Title 22 of California Code of Regulations, Section 66261.3. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitize/' shall be given the same meaning as in the California Hazardous Substances Act (Chapter 12, commencing with Section 28740.1, Division 21 of the California Health and Safety Code).
Z. MANAGER. "Manage/' means the City Manager of the City of FIREBAUGH, or designee of City Manager.
AA.MATERIALS RECOVERY FACILITY. "Materials recovery facility" or "MRF" is a facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercialor industrial Solid Waste Handling program that is approved to operate by the appropriate state and local agencies.
BB.MULTI-JURISDICTION LOAD REPORT. "Multi-Jurisdiction Load Report" means a report which sets out the amount, and place of collection, of Solid Waste delivered to the City Solid Waste Disposal System.
CC. ORGANIC MATERIAL. "Organic Material" means Green Waste and Food Waste which are specifically accepted at an organics processing facility. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Solid Waste and Recyclable Material.
DD. Organic Waste: means green waste, food waste, landscape and pruning waste, brush, and other vegetative material, either separate or comingled, that has been separated from Solid Waste at the source for collection and processing. Organic Waste shall not include materials not accepted at the Designated Organics Processing Facility.
EE. PERSON. "Person" includes, without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.
34 FF. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.
GG. PROHIBITED CONTAINER CONTAMINANTS. "Prohibited Container Contaminants" means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are acceptable to be placed in City's Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.
HH. RATES. "Rate" or "Rates" means rates charged by City of FIREBAUGH or by Grantee, as applicable, to Customers for Solid Waste Handling Services provided.
RECYCLABLE MATERIALS. "Recyclable Materials" means discarded Solid Waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.
JJ. Recyclables: Those materials that by way of collecting, sorting, cleansing, treating, and reconstituting materials would otherwise become solid waste, and by processing can be returned to the economic main stream in the form of raw materials for new, reused, or reconstituted products. Recyclables include, but are not limited to, newsprint, mixed paper, aluminum, plastics, glass, metal, card board, chip board, junk mail, magazines, newspaper, books, computer paper, and the like.
KK. RESIDUAL SOLID WASTE. "Residual Solid Waste" means the solid waste destined for disposal, transformation, further transfer/processing as defined in section 17402(a)(30) or (31) of the California Code of Regulations Title 14, Article 6, which remains after processing has taken place.
LL. SB 1383. "SB 1383" means Senate Bill 1383 of 2016 approved bythe Governoron September 19,2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
MM. SECURIry. "Security" means a corporate surety bond, a letter of credit or other security device acceptable to City, as provided in Section 9-F.
NN. SOLID WASTE. Except as provided in sub-subsections (1), (2), (3) and (4), "Solid Waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrialwastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under applicable law and regulation), dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including Recyclable Materials and Green Waste.
35 (1) "Solid Waste" does not include Hazardous Waste and does not include low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code. (2) "Solid Waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 2O of the California Health and Safety Code).
(3) Solid Waste does not include petroleum or a petroleum product orfraction thereof at reasonably detectable levels, asbestos and, with respect to a particular Solid Waste Facility, any waste or material which a regulatory agency, the Facility's solid waste facility permit or City policy, does not allow to be accepted for transfer, Processing, composting, transformation or disposal at that Facility. (4) Solid Waste does not include items which would be Recyclable Materials but for the fact that they are personally separated from other Solid Waste by the generator thereof and are donated or sold to third parties. For purposes of this section, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated Solid Waste containing such an item be deemed to be the donation or sale of such an item to a third party.
OO. SOLID WASTE FAClLlry. "Solid Waste Facility" means any facility that is designed to manage any type of Solid Waste and includes transfer, Processing, composting, transformation and disposal facilities.
PP. SOLID WASTE FAClLlry FEE. "Solid Waste Facility Fee" means the fee charged for use of a Solid Waste Facility.
QQ. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following:
the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste Facility.
RR. SPECIAL WASTES. "Special Wastes" means all the items and materials which are designated as such in a Franchise Agreement.
SS. TRANSFORMATION. "Transformation" as used in this Agreement shall have the same meaning as set forth in Public Resources Code Section 40201, as it may be amended from time to time.
36 EXHIBIT I'D" . FEES
37 RESOLUTION NO. 22-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AUTHORIZING
USE OF' EMERGENCY REMOTE TELECONFERENCING PROVISIONS
WHEREAS, the City Council of the City of Firebaugh ("City Council") is committed to open and transparent government, and full compliance with the Ralph M. Brown Act ("Brown Act"); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-I9 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 202l,the California legislature passed Assembly Bill ("A8") 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October l, 2021, it must first adopt findings in a Resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, if the state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference under 361, the City Council shall make findings in a Resolution every thirty (30) days regarding the current state of the emergency.
WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled "Proclamation of a State of Emergency," signed March 4,2020; and
WHEREAS, the California Occupational and Safety Health Administration (CalOSFlA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and WHEREAS, on October 4,2021, the City Council adopted Resolution No. 21-42 that found that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety ofattendees; and
WHEREAS, on January 3,2022 the City Council last renewed the required AB 361 findings; and WHEREAS, this Resolution is being brought at the next regular City Council meeting and is substantially compliant with the required renewed findings timeline under AB 361.
WHEREAS, the City Council is conducting its meetings through the use oftelephonic and internetbased services so that members of the public may observe and participate in meetings and offer public comment.
NOW' THEREFORE, BE IT RESOLVED, by the City Council of the City of Firebaugh as follows:
1. The City Council is conducting meetings during a state of emergency.
CaIOSHA recommends measures to promote social distancing.
The City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of members and attendees.
The actions taken by the City Council through this Resolution may be applied to all City Boards and committees governed by the Brown Act unless otherwise desired by that Body.
The City Council authorizes the City Manager or their designee(s) to take all actions necessary to conduct City Council meetings in accordance with Govemment Code section 5a953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thity (30) days from the adoption of this Resolution after which the City Council will reconsider the circumstances of the state of emergency.
Staff is directed to return no later than thirty (30) days after the adoption of this Resolution with an item for the Council to consider making the findings required by AB 361 in order to continue meeting under its provisions.
The foregoing resolution is effective upon adoption and was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 7h day of March, 2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVEI) ATTEST:
2 3
4. 5
6 Brady Jenkins, Mayor
City of Firebaugh
Rita Lozano, Deputy City Clerk
City of Firebaugh
2 RESOLUTION NO.22.08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ECM 4.SOLAR GENERATING FACILITIES AT THE LANDF'ILL/]VIAIN LIFT, DIRECTING THE CITY CLERK TO RECORD A NOTICE OF
COMPLETION WITH F'RESNO COUNTY AND AUTHORIZING THE CITY MANAGER TO
RELEASE THE FAITHFUL PERFORMANCE BOND AND LABOR & MATERIAL BOND FOR
SAID IMPROVEMENTS
WHEREAS, the City of Firebaugh approved an Agreement for ECM 4-SOLAR GENERATING FACILITIES AT THE LANDFILL/MAIN LIFT with Engie Services U.S; and WHEREAS, the Agreement was prepared to secure the faithful completion of the public improvements; and
WHEREAS, a final inspection of the public improvements was performed on November 8,2021and all resulting punch list items have been completed; and
WHEREAS, based on the recommendation from City staff, the City Council desires to accept the completed public improvements and finds the obligations from the Faithful Performance and Labor & Material bonds fulfilled; and
WHEREAS, the City Council desires to delegate authority to the City Manager to release the Faithful Performance Bond and Labor & Material Bond for said completed improvements; and WHEREAS, the City will retain the Warranty Bond to guarantee the replacement or repair of the public improvements for a period of one (l) year after final acceptance by the City Council in accordance with the Agreement; and
WHEREAS, upon approval of the final acceptance of the public improvements by the City Council, the City Clerk will record a Notice of Completion with Fresno County and the City will release the Warranty Bond upon the expiration ofone (l) calendar year after the recording date.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Firebaugh hereby:
l. Approves and accepts the completed public improvements for the ECM 4-SOLAR GENERATING FACILITIES AT THE LANDFILL/MAIN LIFT for maintenance and operation purposes.
2. Directs the City Clerk to record a Notice of Completion with Fresno County
3. Authorizes the City Manager to release the Faithful Performance Bond and Labor & Material Bonil for the Project.
4. Authorizes the City Manager to retain the Warranty Bond to guarantee the replacement or repair of the public improvements post final acceptance and to release said bond upon the expiration of one (l) calendar year after the recording date and all obligations for said bond have been fulfilled.
Page I of2
5. This resolution takes effect immediately upon adoption.
Passed and adopted this 7ft day of March2022,by the following vote AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members
Council Members
Council Members
Council Members
APPROVED:
Brady Jenkins, Mayor
.l:\rvdocs\0 1 907\00 I \res\009 I 9.ll 2.DOCX
ATTEST:
Rita Lozano, Deputy City Clerk
Page2 of2
RESOLUTION NO. 22.09
APPENDIX A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'FIREBAUGH
AUTHORIZATION THE CITY MANAGER TO EXECUTE TO THE
FRESNO-MADERA AREA AGENCY ON AGING CONTRACT,INCLUDING
AMENDMENTS AND ALL NECESSARY SUPPORTING DOCUMENTS
The governing board of the City of Firebaugh hereby authorizes Citv Manaeer to execute the contract(s) listed on Page I of this Agreement with the Fresno-Madera Area Agency on Aging (FMAAA) for the fiscal year beginning July 1, 2022, to June 30, 2023, including any subsequent amendments and all necessary supporting documents.
Signature of Chair
Brady Jenkins, Mayor
Governing Board
March 7,2022
Date
The foregoing Resolution was
City of Firebaugh held on the
approved and adopted at a regular meeting of the City Council of the 76 day of June, 2022,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
Brady Jenkins, Mayor Rita Lozano, Deputy City Clerk
STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Firebaugh Accepting Completion of Cardella Street Rehab Project, Authorizing the Deputy City Clerk to file a Notice of Completion with Fresno County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Bush Engineering, Inc.
MEETING DATE: March 7,2022
PREPARED BY: Mario Gouveia, City Engineer
RECOMMEITTDATION:
l. Accept the work as complete.
2. Authorize the Deputy City Clerk to record a Notice of Completion with Fresno County.
3. Authorize the City to make payment of retention monies to Bush Engineering, Inc. following the expiration of 35 days from the date of recordation of the Notice of Completion.
BACKGROUIT{D/DISCUSSION :
The City of Firebaugh advertised the Cardella Street Rehab project on August 4, 2021, and bids were opened on August 25,2021. Bush Engineering, Inc. submitted the lowest responsive and responsible bid and was awarded a contract for 5264,473.20.
The project's construction phase started on October 25,2021, and the major work consisted of pulverizing and paving Cardella Street, removing and replacing curb and gutter, removing and replacing sidewalk, and furnishing and installing a speed bump in the City of Firebaugh.
The Contractor completed all work within the time required in the Contract Documents. A final inspection was performed, and the work was found to be in compliance with the plans and specifications. Therefore, the work should be accepted as complete, and a Notice of Completion filed. If no claims are filed within 35 days after recordation, retention in the amount of $13,194.28 should be paid to Bush Engineering, Inc.
FISCAL IMPACT:
The final construction contract cost inclusive of all authorized work was $263,885.64. Construction of this project will be paid using Local City Funds.
A summary of contract costs are as follows:
PROJECT COST SUMMARY
Contract Amount l$ 264.413.20
Change Order No. 1 ls 14.088.60
Change Order No. 2 ls -r4.6t6.16
Change Order No. 3 (time only) ls 0.00
Actual Construction Cost ls 263.88s.64
ATTACHMENTS:
1. Resolution No. 22-10
2. Notice of Completion
Page I of I
RESOLUTION NO. 22-IO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'FIREBAUGH ACCEPTING COMPLETION
OF CARDELLA STREET REHAB PROJECT, AUTHORIZING THE DEPUTY CITY CLERKTO RECORI)
A NOTICE OF COMPLETION WITH FRESNO COUNTY AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO BUSH ENGINEERING,INC.
WHEREAS, the City advertised the Cardella Street Rehab Project on August 4,2021; and, WHEREAS, the City received and publicly opened bids on August 25,202|' and WHEREAS, the City Council awarded a contract to Bush Engineering, Inc. in the amount of $264,413.20, on September 20,20211' and
WHEREAS, the Public Works Department and City Engineer has completed a final inspection of the Project and recommend final acceptance; and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the Deputy City Clerk will record a Notice of Completion with Fresno County and the City Manager will release the retention monies due the Contractor 35 days after the recording date.
NOW' THEREFORE, BE IT RESOLVED that the City Council of the City of Firebaugh hereby:
l. Adopts a Resolution to accept the Cardella Street Rehab project as complete.
2. Authorizes the Deputy City Clerk to record a Notice of Completion with Fresno County.
3. Authorizes the City to make final payment of retention monies to Bush Engineering, Inc. 35 days after the recording date.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 7ft day of March2022,by the following vote:
AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAIN: Council Member(s)
APPROVED: ATTEST:
Brady Jenkins, Mayor Rita Lozano, Deputy City Clerk
ATTEST:
I, hereby certifu that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting ofthe City Council ofthe City of Firebaugh this 76 day of Much2022.
Rita Lozano, Deputy City Clerk of the City of Firebaugh Page I ofl
745.32
RECORDING REQUESTED BY
City Clerk
City of Firebaugh
WHEN RECORDED RETURN TO:
City of Firebaugh
ll33 "P" Street
Firebaugh, CA93622
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVBN:
l. That the interest ofestate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREETANDNO. CITY STATE
Ciw of Firebaush I 133 "P" Street Firebaugh CA
(ifmore than one owner ofthe interest stated, the name and address ofeach must be inserted)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 7th day of February, 2022 a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any for such work of improvement was:
Bush Inc.
(lf no contractor for work of improvement as a whole, insert "No Contractor")
6. That the real property herein referred to is situated in the City of Firebaugh, County of Fresno, State of Californi4 and is described as follows:
The major work consisted of pulverizing and paving Cardella Street, removing and replacing curb and gutter, removing and replacing sidewalk, and furnishing and installing a speed bump in the City of Firebaugh.
I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true and correct.
March 7 2022 By:
Date Signature of Owner
Ben Gallegos, City Manager
City of Firebaueh
Print Name
VERIFICATION
I understand, state:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.
Executed at Firebaugh, Califomia
This 7th day of Mwch,2022.
City of Firebaugh
Owner
Ben Gallegos, City Manager
City of Firebaugh
By
STAFF REPORT
TO Mayor and Council
Adoption of the Multi-Jurisdictional Local Roadway Safety Plan (MLRSP) March 7,2022
Mario Gouveia, City Engineer
AGENDA ITEM
MEETING DATE:
PREPARED BY
EXECUTTVE SUMMARY:
The City Council will consider adopting the MLRSP so the City of Firebaugh can continue to receive federal and state road-related funding.
BACKGROUND:
Federal regulations require that each state have a Strategic Highway Safety Plan (SHSP) that addresses the "Four E's" of traffic safety: Engineering, Enforcement, Education, and Emergency Services. California ensures compliance with this by requiring local agencies to create a Local Roadway Safety Plan (LRSP) that includes those elements.
The Fresno Council of Governments once again has taken the lead to help cities that are interested in reducing costs by pooling resources, creating an MLRSP. City Staff and Danny Reed from Gouveia Engineering met on various occasions to provide input, data, and planning for the document. The sections relevant to Firebaugh are attached for your review and reference.
Adoption of this document will allow Firebaugh to acquire certain types of funding, such as those available via the Highway Safety Improvement Program (HSIP), which the City will use for upcoming street safety projects.
STAFF RECOMMENDATION:
Adopt Resolution No. 22-11, adopting the Multi-Jurisdictional Roadway Safety Plan.
ATTACHMENT(S):
1. Resolution No. 22-11
2. MLRSP Report City of Firebaugh
Project # 725.01
MLRSP
Multijurisdictional
Local Road Safety PlanFirebaugh City CouncilPresentation March 7,2022
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Overview . What is a Local Road
Safety Plan? . Why was the LRSP
created? . What rs in the LRSP?
. What happens next?
THE LRSP
DEVELOPMENT
PROCESS
o
EstaHish
Leaderrlrip
Ernphasir
Amas
o
Analyae
Safety Data
Source. Federai nighwey Asrcit:istratiai;
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Frlorlflzeard
,0
horpwate
Sbateglec
Update
Evaluate and
ig-;
i,ldentify
Strategies
What is a Local Road Safety Plan?
Analyzes historical crash patterns and trends
ldentifies engineering, education, emergency response,
and enforcement countermeasures and strategies
I
(
ETE-l-l Prioritizes safety improvements based on crash data and stakeholder engagement Meets federal safety plan guidance and
Caltrans LRSP requirements @taw,??#ffiil
Why was the LRSP Created?
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0 10 20 g) .lO gl tril - lre a6dy!6rcilly ,Wreet fl] negionat Safety Plan - Fresno Cq-rty Study tu€a I Local Road Safe9 Plan - Unincoryordted Fresno County Studt Area I t-ocat Road Safety Plan - City Shdy Areas Otler 0tieg l,leighboring Counties Builds from the Fresno COG Regional Safety Plan Funded by Caltrans grant program @:iwz,?"#&itl ,dcsMl &{re4fy Fresno Council of Governments Regional Safety Plan and Local Road Safety Plan Study Areas Source. Fresna CAG Why was the LRSP Created? . To encourage collaboration across the region and with local safety partners . To discuss traffic safety issues and solutions . To clearly identify priorities and a plan for implementation
. To enable Firebaugh to apply for Highway
Safety lmprovement Program (HSIP) grant
funding
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What is in the LRSP?
o Vision and Goals . Safety Partners . Performance Measures . Data Summaryo Existing Roadway Safety Performance . Emphasis Areas . Strategies. Evaluation and lmplementation r.. i'isrr.r4r bJ.{!,F
c
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P€'ESTRJAN i
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ENGINgERING S]RA'EGICS
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DRIVIR BIHA
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What is in the LRSP?
Create a roadway network
that provides a comfortable
environment for all modes of
transportation within the City.
Grash Data by Severity
42 VIS on II
18"
: Fatalr Visible lnjuryr Property Damage Only
r Severe lnjuryr Complaint of Pain
What is in the LRSP?
o Firebaugh Fire Departmento Firebaugh Police
Department
$afmfo, ' Firebaugh Public Works
Fanrn.'g . ff5;Xffi:I", Dertas
Unified School District
o Fresno Council of
Governments
oq^'9s
$cHoou
esno Council
of Covernments
What is in the LRSP?
Existing Roadway Safety Performance
50 i+o troF30
lr
t20 (!
I
10 60
2016 2077
I Fatal/Severe lnjury r Other lnjury
Source. Sl/ylfRS, Tl MS, Kittelson, 2021
Year-over-Year Trends in Crash Data by Severity
0 n
201_8 2019
r Property Damage Only
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130 reported crashes in
201 5-201 I
4 fatal crashes
2 severe injury crashes
What is in the LRSP?
ffix$m*H rruffi ffimm#wffiy Snfmt-v ffimrfmn*H#.ffi ffiffi Firebaugh compared to statewide
average: . Higher share of pedestrian crashes
(3 of 4 fatal crashes involvedpedestrians) . No reported fatal or severe injurybicycle or pedestrian crashes Fatal and Severe lnjury Crash Shares by Road User Compared to Statewide Trends
60%
so%
40%
30%
20%
10%
0%
Pedestrian Bicycle
r Firebaugh Statewi
Source SitSP Sil//,rRS 7lMS, Kittelson,2A2l
Motorcycle
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rh
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: ' lvhat is in the LRSP? Crash Severity Score a 95-103th Percentile a 90-Ssih Percentile 75-90th Percentile 50-75th Percentrle 0-50th Percentlle & ii@ d .i* !j:;1'.'lii
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I
a . Firebaugh
t: a
a
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Automobile
Right of Way
Primary
Collision
Factors
Other
lmproper
Driving
U n known/Not
Reported
Rear End
Collision Types
Sideswipe Broadside
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What is in the LRSP?
Emph
A
ASIS
High priority
challenge areas
in the California
Strategic
Highway Safety
Plan
reas
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Pedestrian Grashes
Head On Grashes
Hit Object Crashes
Driver Behaviors
lmproved Data
Gollection
What is in the LRSP?
Geometric/operational changes
to a roadway, intersection, or
pedestria n/bicycle i nfrastructu re
Enqineerinq
Programs aimed at distributing
educational messages focused
on road user behavior
Education
Emerqency Services
Prog rams/policies that facil itate
coordination with
eme rge ncy/fi rst responders
P rog rams/campaig ns focused
on road user behavior through
more visible and active
enforcement
Enforcement
What is in the LRSP?
E nglneenng
Strategies . Addresses top fatal and severe injury collision types and prim ary collision factors . Utilizes Regional Cou ntermeasu res Tool box o lncludes roadway, intersectiofl, and pedestrian/bicycle treatm ents . Provides priority intersections
and segments
o Examples: street lighting,
roundabouts, enhanced
crossings
The toolbox is usedwhen considering safety
improvements and
determining which areeligible for grant funding
REGIONAL
SAFETY PLAN
a
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What is in the LRSP? . Regional campaign - Safe
Roads Save Lives . Campaign Goals
. Educate all road users on safe
behaviors
. lncrease safety for people
walking and biking
. Highlight behaviors that cause
the most crashes in Fresno
County - speeding and
distracted driving . Guidance and materials in
Regional Safety Plan
I
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11'.'
SAFE RIIADS
SAVE LIVES
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i' d* ii* ,tr :, i .,f) tr Y 1*t ;-*, 4w t'r;: :srj :a-g t"l ;- [ qJ " .- &+F #{'ffirq im* '+e*') * t t"': T, '*.9 ttd i':i-s;'t*6 {str:
Join fie in making Fresno County's
roads sater for everybody.
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Join me in making Fresno Countys
roads safer {or everybody.
76 l.r'liiililfl8
Join me in making Fresno County's
roads saler for everybody.
What is in the LRSP?
o FresnoCOG has the Safie
Roads Save Lives materials
to share with local partners
. Recommended activity:
. ldentify lead staff . Meet with advocacy groups. Work with school districts . Spread materials through social media, print materials, outdoor
advertisements, PSAs,
websites
I
,€'r.f. ot,t
I
SAFE RllADS
SAVE LIVES
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Join me in making Fresno Countys
roads sn{er tor everybody.
Emergency
Response
Strategies
What is in the LRSP?
o lnvolve emergency service
organizations in roadway safety
projects . Consider impact of roadwayprojects on response times . Coordinate to share observations and identify issues early
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What is in the LRSP? . Additional crossing guards
o Focused speed enforcement in locations with high
speed-related crash rates . "Alternative enforcement" with schools Enforcement
Strategies Crqsh dqlq con help identify priorily locqtions ond limes of doy Enforcement strolegies should be
underloken with due coution lo ovoid
inequitoble enforcemenl oclivilies
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I
o
What happens next?
o Continue to coordinate with
regional and local safety
partners
o Regularly collect and org anize
data based on the performance
measures
. Update the LRSP every three to
five years
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Performance Measures based on:
llt ilililH :l:Hitl,tiilxn.'
0 gffJ-ents made in trarric
Coord ination efforts between
stakeholders
What happens next? . ldentify countermeasures and
strategies to implement
o Explore funding opportunities . Apply for HSIP funding @lwz,?",#l,ill
Performance Measures based on:
Number of annual crashes
with key characteristics
lnvestments made in traffic
safety
llt
0 Coord ination efforts between
stakeholders
What happens next? cfYtrE f^rat{oil OR I RASE 8I' . HSIP Pedestrian Set-aside o ]l.line locations identified . Clyde Fannon / Rabe . Clyde Fannon / Sablan . Clyde Fannon / Thomas Conboy . 13th /
P . Saipan / O . Saipan / Vasquez . Sapian / Landucci . Morris Kyle / Driveways cLi'DE Fltataoil
DRIS atallAlrE
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cltDeFrsg mon$tar!
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; LA|.D0CC|OR
l;
rcRl,s XY!-E ORTDi!IIE!AYA
11,.'.... v,.. ).lmrs xn: on -lffia
Pedestrian crossing improvements . High visibility crossings . Advanced yield lines and warning signs . Median refuge areas . Stop ahead and stop bar markings
RESOLUTION NO. 22.II
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
APPROVING THE CITY OF FIREBAUGH LOCAL ROAD SAFETY PLAN INCLUDED
IN THE MULTI-JURISDICTION LOCAL ROAD SAFETY PLAN
IryHEREAS, the City of Firebaugh (City) has the authority to construct and maintain its streets and roads to provide a roadway network that serves the needs of the community through quality infrastructure and environment; and
IYHEREAS, Fresno Council of Governments (FCOG) initiated the preparation of a Multijurisdictional Local Road Safety Plan (MLRSP) to enable ten of the member agencies to prepare their first Local Road Safety Plan (LRSP); and
WHEREAS, the City has worked with the FCOG and their consultant team to develop a LRSP which analyzes historical crash patterns and trends in order to identift countermeasures to reduce the number and severity offuture crashes; and
WHEREAS, the LRSP will increase the City's eligibility for various transportation grant programs, including the Highway Safety Improvement Program (HSIP), and will provide additional guidance for the development of safer streets and roads.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Firebaugh hereby resolves as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City of Firebaugh Local Road Safety Plan is adopted and will be included in the Multijurisdictional Local Road Safety Plan.
3. This resolution is effective upon adoption.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 7ft day of March2022,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Council Member(s)
Council Member(s)
Council Member(s)
Council Member(s)
ATTEST:
1 Brady Jenkins, Mayor Rita Lozano, Deputy City Clerk
I r
I
LO
STATEMENT OF PROTECTION OF DATA FROM DISCOVERY AND ADMISSIONS:
Per Seciion l48 of Tille 23, United Stotes Code [23 U.S.C. S l4B(h) (4)] REPORTS
DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION-Notwithstcnding ony other provision of low, reports, surveys, schedules, lists. or dotc compiled or collecied for ony purpose reloting to this section, sholl not be subject io discovery or odmitted inio evidence in o Federcl or Stoie court proceeding or considered for other purposes in ony oction for domoges orising from cny occurrence oi o locotion identified or cddressed in ihe reports, surveys, schedules, lists, or other doic.
Prepored For:
Fresno Council of Governments
2035 Tulqre Sl # 201
Fresno, C493721
559.233.4148
Prepored By:
Kitlelson & Associoles, lnc.
2510 J Street, Suile 200
Sqcromento, CA 95816
916.266.2190
Projecl Monoger: Mychol Loomis, PE, TE, PTOE, RSP
Deputy Project Monoger: Motl Broughlon, RSP
Toole Design
1322 Webster Street, Suite 208
Ooklond, CA94612
510.298.O740
Projecl No.26012
TABLE OF CONTENTS
Purpose ond Scope
1 Process ...
2 Regionol Efforts...............
Vision ond Gools
Performonce Meosures.
Doto Summory ...............
Emphosis Areos...............
12 Sofety Portners......
r3
14 14
t5
IB
39 41
54 Existing Roodwoy Sofeiy Performqnce
Strolegies.
Evoluolion ond lmplementotion
Vision ond Gools 55
56 56
57 59
7B
79 92
93 93
94 94
95 98
Performonce Meosures.
Dolo Summory ...............
Existin g Roodwoy Sof ety Perf ormonce
Strotegies.
Evoluotion ond lmplementotion
4.0 City of Firebough
Vision ond Gools
Performonce Meosures.
Doto Summory ...............
Existing Roodwoy Sofety Perf ormo nce .................
Slrolegies
Evoluotion ond lmplementotion
Vision ond Gools
I t6
128
Performonce Meosures.
Dolo Summory ...............
29 30
30 3r
Existin g Roodwoy Sofety Perf ormo nce ................. 34 67 Strotegies 6B
Evoluoiion ond lmplemenloiion 90
Sofeiy Portners......
Vision ond Gools
Doto Summory
t9t
92 92
93 208
209
219
220
221
221
222
225
242
243
257
257
258
2s8
261
279
280
294
295
295
296
305
306
315
Existin g Roodwoy Sofety Perf ormonce .................
Emphosis Areos..........
Evoluotion ond lmplemenlotion
Performonce Meosures
Vision ond Gools
Dolo Summory
Emphosis Areos.
Slrotegies...
Strotegies...
Slrotegies...
Sofety Portners......
Existing Roodwoy Sofety Performonce
Evoluotion ond lmplementotion ............256
8.0 City of Mendolo
Performonce Meosures
Sofety Portners......
Vision ond Gools
Emphosis Areos.
Existing Roodwoy Sofety Performonce
Evoluqtion ond lmplementolion !...!.!..!!!...!.i.r............293 Vision ond Gools
Sofety Portners......
Performonce Meosures
Doto Summory
Emphosis Areos.
Strotegies
Evoluolion ond lmplementotion
10.0 City of Son Jooquin 316
Vision ond Gools 316
317
317
3t8
Sofety Pqrtners.
Performonce Meosures
Existing Roodwoy Sofety Performonce .....,..,...,.,.. ....319 Emphosis Areos
Strotegies...
Evoluolion ond lmplemeniotion
326
327
337
Vision ond Gools
Existing Roodwoy Sofely Performonce
Emphosis Areos..........
Evoluoiion ond lmplemeniotion
12.0 Appendices
Appendix A. Stokeholder Engogement Moteriols
Appendix B. Regionol Countermeosures Toolbox
Performonce Meosures........;.....................;........................;.....................r... 338
343
364
378
I.O INTRODUCTION
PURPOSE AND SCOPE
The Mult'rjurisdictionol Locol Rood Sofety Plon (MLRSP) wos initioted by the Fresno Councilof Governments (Fresno COG) ond completed by Kittelson & Associotes, lnc. (Kiltelson) ond Toole Design Group (TDG) to enoble ten of the COG's locoljurisdiction portners to prepore their first locol rood sofety plons. The ten porticipoting locol jurisdictions ore:
City of Clovis
City of Coolingo
City of Firebough
Fresno County (Unincorporoted)
City of Huron
City of Kermon
Cily of Mendoto
City of Oronge Cove
City of Son Jooquin
City of Selmo
The focus of the MLRSP's development is to identify the following for eoch of the locoljurisdictions:
Crosh potterns ond trends
Systemic engineering treotments to help reduce crosh risk Educotion, enforcement, ond/or emergency services strotegies to help improve roodwoy sofety High priority locotions for projects with supporting design concepts Highwoy Sofety lmprovement Progrom (HSIP) gront opplicotions to focilitote securing funding for high priority sofely projects
This document presents the locol rood sofety plons for eoch of the obove locol ogencies. The locol rood sofety plons were informed by technicol onolysis os well os input from key stokeholders ond input from lhe generol public. The following subsections describe the process used to develop the plons, the lypes of strotegies identified for eoch locologency, ond the COG's regionolefforts lo improve roodwoy sofety.
The subsequent sections of this report present eoch locoljurisdiction's locol rood sofety plon.
I
I
a
A
INTRODUCTION
PROCESS
The locol rood sofety plons included in this MLRSP were informed by o crosh doto onolysis, key ogency slokeholder input, ond brooder community input from the generol public regording roodwoy sofety concerns. The stokeholder input combined with lhe crosh onolysis were used to estoblish on understonding of existing roodwoy sofety performonce ond priority locotions for eoch locol ogency.
Bosed on existing roodwoy sofeiy performonce, multidisciplinory strotegies were identified to help improve roodwoy sofely. The following subsections discuss the stokeholder engogement octivities, summorize the doto ond onolysis opprooch used, ond identify types of strotegies to improve roodwoy sofety.
Stokeholder Engogement Activities
The locol rood sofely plons for the locoljurisdictions were developed during the COVID-19 pondemic from opproximotely April 2021 through December 2021. Given the timing of their development, slokeholders were engoged through virtuol meetings ond web-bosed inpui. Engogement wos orgonized into three sets of octivities to engoge o ronge of stokeholders over the course of the locol rood sofety plons' development. These octivities include:
r o r Locol Working Groups - Three locol working groups were formed ond comprised of one to three -Ai representotives from eoch of the ten porticipoting locol ogencies. The locolworking groups '- eoch met three times during the locolrood sofety plons' development to discuss exisling conditions findings, vision ond gools, recommendolions, ond the locol rood sofety plons themselves.
AppendixA includes the locolworking group rosters, meeting notes, ond moteriols from those meetings.
Web-Bosed Survey ond Interoclive Mop - A web-bosed survey ond interoctive mop wos used to l-'l reoch the generol public. The COG worked with locol ogencies to odvertise the survey ond n
: interoctive mop through sociol medio ond other estoblished communicotion chonnels. The web-bosed survey wos used to gother inpul regording people's generolroodwoy sofety concerns ond understond the types of issues most frequently encountered. The interoctive mop wos used to golher input on specific locotions where community members hod roodwoy sofety concerns. Appendix A includes the summory of the input received.
i) Focus Group Meelings - One focus group meeting wos conducted for eoch locol ogency. The porticiponts were invited bosed on their role in the community ond included representotives from locolschooldistricls, locol decision-mokers, city monogers, representotives from locol chomber of commerce, locol low enforcement, tronsit service providers, stote portners (e.9., Coltrons, Colifornio Highwoy Potrol), ond other octive locolcommunity members. Eoch of the ten focus group meetings discussed droft findings, shored input received from the generol public, discussed droft vision ond gools, ond presented droft priorities os well os potentiol sofety strotegies. Appendix A includes the focus group porticipont lists, meeting notes, ond meeting moteriols from eoch focus group meeting.
A 2
INTRODUCTION
Doto Summory ond Anolysis Approoch
Kiitelson worked with Fresno COG to ossemble crosh doto for eoch of the locoljurisdictions. The crosh doto wos obtoined from the Stotewide lntegroted Troffic Records System (SWITRS) dotobose ond supplemented with locotion informotion from the Tronsportotion lnjury Mopping System (TIMS) dotobose mointoined by SofeTREC of the Universiiy of Colifornio, Berkeley. Throughout this report, croshes ore ossocioted with o jurisdiction bosed on the reporting officer's ossessmenl of locotion.
The crosh dotobose represents the time period from Jonuory 1 ,2015 through December 31 ,2019 ond includes reporled croshes thot occurred on public streets within eoch locoljurisdiction. Crosh severity is coded occording to the highest degree of injury exhibited, ond the doto used for this onolysis includes the following coded severity levels (listed in descending order):
Fotol: deoth from injuries sustoined in the crosh.
Severe Injury: lnjuries include, for exomple, broken bones, severe locerotions, or other injuries thot go beyond the reporting officer's ossessment of "other visible injuries." Olher visible injury: An injury, other thon those described obove, thot is evident to observers of the scene of the crosh. For exomple, bruises or minor locerotions.
Comploint of poin: lnternol or other non-visible injuries. For exomple, o person limps or seems incoherent.
Property domoge only (PDO): No injuries sustoined.
For simplicity in presentotion, in some coses Kitielson combined croshes coded os "other visible injury" or "comploint of poin" into o single "other injury" cotegory.
The crosh doto wos used for iwo types of onolysis: (i) Descriptive onolysis to identify crosh potlerns ond trends; ond (ii) Spotiol onolysis to identify high-injury networks ond priority locotions for sofely improvements.
The doto used for the descriptive onolysis were sorted inlo jurisdictions bosed on the informotion ovoiloble in ihe SWITRS ond TIMS dotoboses. This informotion is derived from o reporting officer's judgment ond moy be inconsistent with true boundories, especiolly neor city/county borders.
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A 3
INTRODUCTION
ln the process of locoting dofo into o geogrophic informotion system (GlS) for spotiol onolysis, Kittelson reviewed the ovoiloble informotion ond relocoted some croshes to o more precise coordinote locotion. ln so doing, Kittelson relocoted some croshes to different jurisdictions thon originolly listed in the dotobose.
Thus, some disporilies in tolol crosh count by jurisdiction exist between the descdplive onolysis ond spotiol onolysis even lhough eoch is inlernolly consislenl. This subtle chonge in crosh totol per jurisdiction hos o negligible effect on overoll descriptive polterns.
DESCRIPTIVE ANALYSIS
The descriptive onolysis evoluotes the crosh doto bosed on ottributes recorded by police officers in crosh reports. The oltribules include iiems such os collision type, severily, cited primory collision foctor, weother, ond lighting. This onolysis resulfs in different chorts, tobles, ond grophs summorizing stotistics obout recurring crosh potterns ond trends in the doto. ln some instonces, o few of the locoljurisdictions hod too few reported croshes to do o descriptive onolysis. ln those instonces, Kittelson summorized key ottributes for eoch reported crosh. The overoll inlent of lhe descriptive onolysis is to identify jurisdiclion-wide trends thot moy be oddressed by systemic slrolegies or lreotments.
For eoch ogency LRSP o section is provided for descriptive dolo reloted to oll rood users, pedestrions, ond bicyclists. These sections provide relevont informotion to stotewide performonce meosure torgets which specificolly look for pedestrion- ond bicycle-involved croshes.
SPATIAL ANALYSIS
The spoliol onolysis lokes inlo considerolion lhe specific locotions the reporled croshes occurred. To oid in this onolysis, Kittelson developed o lineor referencing system of oll public roodwoys using the Fresno County roodwoy cenierline file. This dotoset wos updoted to develop o meosurement system bosed on the totol rood length (os determined by roodwoy nome) to locote croshes to o specific mile poini olong the network. This ollowed colculoting Highwoy Sofefy Monuol network screening performonce meosures using spotiol stotistics. Upon developing the roodwoy network, nodes were creoled for ollintersections ocross the region ond identified os signolized or unsignolized. Kiltelson conducted quolity conirol checks to ensure grode-seporoted crossings were oppropriotely modeled ond oddress other inconsistencies in the roodwoy ond intersection network.
Croshes were next identified os intersection or segment croshes. Bosed on Coltrons guidonce, on intersection crosh wos defined os o crosh thot occurs within 250 feet of the intersection. These croshes were spotiolly joined ond summorized in ArcGlS to colculote the totol number of croshes by severity ot eoch intersection. Where intersections were less thon 500 feet from eoch other, croshes were ossigned to the neorest of the two intersections. Croshes occurring more thon 250 feet from ony intersection were seporoted to be used in the segment onolysis discussed below.
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INTRODUCTION
ANALYSIS APPROACH
The following steps outline the bosic onolysis opprooch lo ossess countywide sofety performonce i. Estoblish the high-injury network dotobose using ihe crosh ond roodwoy network doto.
2. Evoluote the frequency ond severity of reported croshes using Equivolent Property Domoge Only (EPDO) ond Excess Predicted Averoge Crosh Frequency Using Method of Moments performonce metrics ond sliding window methodology from the Highwoy Sofefy Monuol. Kitlelson used weighting consistent with Collrons Locol Roodwoy Sofeiy Monuol crosh costs guidonce.
3. Mop resulting performonce metrics to disploy roodwoy sofety performonce for eoch locol jurisdiclion.
As o note, roodwoy segments ond intersections in the resulting high-injury network mops ore not weighted bosed on irovel volumes or demond. Field-collected troffic volumes ond trovel demond modelvolumes con be useful tools in weighing ond clossifying roods differently bosed on their volume ond demond.
However, there ore limits ond chollenges to this doto which rendered it infeosible to opply io the highinjury nelwork in o consistent monner thot would ollow for comporisons within o given jurisdiction. For exomple, consistent troffic volumes ore not ovoiloble for oll roods thot ore being onolyzed. Additionolly, Fresno COG's troveldemond model network does not cover ollroods onolyzed ond is not oble to be directly linked to the roodwoy network. Therefore, ollonolyzed roodwoy segmenls were evoluoted without odjusting for trovel volumes.
High-lnjury Nelwork
ln the existing conditions report, Kittelson identified high-injury networks for eoch locoljurisdiction. A highinjury network includes the intersections ond segments thot hove exhibited the most frequent ond/or most severe croshes within o given jurisdiction. Kittelson mopped the results of lhe onolysis ond olso presented the highest priority locotions in o toble formot.
To identify the high-injury network ond corresponding high priority locotions, Kittelson used the some opprooch recently completed for Fresno COG's RegionolSofety Plon (RSP). The following describes this opprooch which includes colculoting crosh severity scores, excess predicted overoge crosh frequency, ond the sliding window methodology.
Equivolent Property Domoge Only (EPDO) lo Generofe Crosh SeverifyScores Kittelson used EPDO score performonce meosure from the Highwoy Sofefy Monual, which ossigns weighting foclors to croshes by severity relotive to properly domoge only (PDO) croshes. The EPDO colculotion wos performed for oll public intersections ond roodwoy segments including stote highwoy focilities. The EPDO performonce meosure is described below. Moving forword throughout this document, the EPDO performonce meosure is referred to os o "crosh severity score." A 5
INTRODUCTION
The crosh severiiy score ossigns weight to individuol croshes bosed on the crosh severity ond locotion of the crosh (see toble below). Weights, provided by the 2020 Coltrons' Monuol Locol Roodwoy Sofefy, ore bosed on the cost of property-domoge-only (PDO) croshes. Eoch crosh is ossigned o score relotive to o PDO crosh, os shown in Toble l.
Toble l: Crosh Severity Scores
locolion Type
tolol Severe lnjury Comploinl of Poin
Crosh Weighting by Severity
Property Domoge
OnlY
Other Visible
lnjury
Slgnollzed lnletsecllon I 19.55 I 19.55 10.70 6.08
Unsignolized lnlerseclion 190.23 190.23 10.70 6.08
Roodwoy 164.66 164.66 10.70 6.08
Source: Colfrons, Locol Roodwoy Sofety: A monuol f or Colifornio's Locol Rood Owners /Version I .5), 2020. r.00
1.00 1.00
The weights prioritize folol ond severe injury croshes equolly to recognize thot o deoth versus o severe injury is often o function of the individuol involved or of emergency response time. Therefore, both outcomes represent locotions where the region moy wont to prioritize improvements. Crosh weights vory by locotion types becouse of the relotive costs ossocioted with the crosh severity of the locotion type.
Specificolly, unsignolized inlerseclions hove o higher cost for fotol ond severe croshes becouse fotol ond severe croshes of these locolions tend to result in more severely injured persons on overoge.
The EPDO score is colculoted by multiplying eoch crosh severity totol by its ossocioted weight ond summing the resulis, using the following formulo:
EPDO Score = (Fotolweight * # of fotol croshes) + (severe injury weight * # of severe injury croshes) + (other visible injury weight * # of other visible injury croshes) + (comploint of poin injury weight * # of comploint of poin injury weight croshes) + (property domoge only weight * # of property domoge only croshes)
The EPDO score is onnuolized by dividing the score by the number of yeors of crosh doto used in the onolysis, which in this cose is five yeors.
A 6
INTRODUCTION
Excess Predicfed Averoge Crosh Frequency Using Melhod of Momenfs Kittelson olso used the Excess Predicted Averoge Crosh Frequency Using Method of Moments performonce metrics to colculote the predicted excess crosh frequency for eoch onolysis segment ond intersection. This method identifies the extent to which o locolion is exhibiting either more croshes or fewer croshes lhon one would expect bosed on how other similor locotions ore performing.
Mothemoticolly, this method odjusts the observed crosh frequency for o site bosed on the vorionce in the crosh doto ond overoge crosh frequencies for o site's reference populotion. Reference populotions were estoblished bosed on urbon/rurol designotion, functionol clossificotion, ond troffic control (for intersections only). The odjusted observed crosh frequency is then compored to the overoge crosh frequency for lhe reference populotion to colculote the excess predicted croshes for eoch locotion.
Slrdrng Window Melhodology
Kittelson used o Python-bosed script to segment the street nelwork into one-holt (l /2) mile segments, incrementing the segments by one-quoner (1/4) of o mile. The EPDO score wos colculoted per increment of eoch segment os the script "slides" olong eoch roodwoy in the network. Croshes ossocioted with interseclions (i.e., croshes within 250 feet of the intersection) ore ignored for the segment onolysis ond onolyzed seporoiely. This melhodology helps to identify portions of roodwoys with the greotest potentiol for sofety improvements. The scores were oggregoted bosed on relotive regionol percentiles of the resulling crosh severity ond excess predicted croshes scores to mop out regionol sofety performonce ond identify high injury locotions.
Resulls
The resulls of the obove spotiol onolysis ore presented for eoch locoljurisdiction under the subsection titled "Existing Roodwoy Sofety Performonce." Grode-seporoled focilities were removed from the evoluotion os they would not be o focus for the locol ogency. The results ore o strong indicotion of which locotions ore most likely to be competitive for HSIP gront funding. The results were used to inform the selection of locotions for HSIP gront opplicotions.
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INTRODUCTION
Strotegy Types
Strotegies to improve roodwoy sofety were identified for eoch locol ogency bosed on thot ogency's existing roodwoy sofely performonce ond the concerns identified by stokeholders os well os the generol public. The sofety strotegies identify engineering strotegies (i.e., countermeosures), educotion, emergency services, ond enforcement strotegies thot con be used to reduce the risk of troffic fotolities ond injuries on public roodwoys. The following briefly describes eoch type of strotegy. Eoch ogency's locol rood sofety plon describes specific strotegies oligned with the locol ogency's emphosis oreos for rood sofety improvement.
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ENGINEERING STRATEGIES
1|l- Engineering strotegies to improve roodwoy sofety ore often referred to os countermeosures. !] Countermeosures ore generolly geomelric or operotionolchonges to o roodwoy, intersection, or roodside (oreo immediotely odjocent to the roodwoy) thot reduce the likelihood of o crosh occurring ond/or reduce the likelihood of someone being killed or hurt if o crosh does occur The Fresno COG 2021 Regionol Sofety Plon (RSP) includes o Countermeosures Toolbox, which is provided in Appendix B of this MLRSP. The toolbox is o resource for locol ogencies within the region. lt is orgonized to help identify countermeosures thot hove been found to be effective of reducing crosh risk. The engineering strotegies included ore likely to be eligible for gront funding through Coltrons' HSIP.
Specific to eoch locol ogency's rood sofety plon, counfermeosures were prioritized bosed on the top three collision lypes ond lop three primory collision foctors. The Fresno COG RSP Countermeosure Toolbox ond Coltrons' Monuol Locol Roodwoy Sofety were used to identify which collision types ond primory collision foctors o countermeosure is most effective of oddressing. Using this informotion, countermeosures were prioritized os follows:
lf the collision type or primory collision foctor wos listed in the Top 3 Fotol/Severe lnjury list for o jurisdiction, lhen the countermeosure wos given high priority. lf the collision type or primory collision foctor wos listed in the Top 3 Overoll list for o jurisdiction (but not the Top 3 Fotol/Severe lnjury list), then the countermeosure wos given o medium priority. lf the collision type or primory collision foctor wos not listed os Top 3 for o jurisdiction, then the countermeosure wos given o low pdority.
A B
INTRODUCTION
For countermeosures thot oddress night croshes, the following prioritizotion process wos used:
lf the proportion of fotol/severe injury croshes thot occurred of night in o jurisdiclion were greoter thon the counlywide proporiion of fotoUsevere croshes thot occuned of night (44 percent), then the countermeosure wos given high priority.
lf the proportion of fotol/severe injury croshes thot occurred of night in o jurisdiction were less thon the countywide proportion of fotol/severe croshes thol occurred of night, but greoter thon the counlywide proportion of totol croshes thot occurred of nighi (32 percent), then the countermeosure wos given medium priority.
lf the proportion of fotol/severe injury croshes thot occurred of night in o jurisdiciion were less thon lhe countywide proportion of tolol croshes thot occuned of night, then the countermeosure wos given o low priority.
For countermeosures thot oddress croshes involving pedestrions ond bicyclisls, the collision types, primory collision foctors, ond pedestrion octions thot were ossocioted with pedestrion ond bicycle involved croshes informed countermeosure priorities. The following were olso considered:
lf pedestrion ond bicycle involved croshes in o jurisdiciion exceeds stotewide overoge shown in the SHSP, then the countermeosure wos given high prioilty. lf pedestrion ond bicycle involved croshes in o jurisdiction do not exceed stotewide overoge shown in the SHSP, then the countermeosure wos given medium or low priodty.
Additionolfoctors, such os lond use context (urbon vs. rurol lond uses), estimoted omount of crosh reduction, ond funding eligibility were olso used to prioritize potentiol countermeosures for o given jurisdiction.
A 9
INTRODUCTION
EDUCATION STRATEGIES
Educotion strotegies tend to refer to progroms oimed of distributing educotionol messoges ond moteriols to the generol public or specific groups within the brooder populotion to bring oworeness to the need for chonges in rood user behovior. These strotegies focus on educoting or shoring informotion thot encouroges sofe choices on the beholf of oll rood users. lmplementing these strolegies often requires inler- ond intro-ogency coordinotion to ochieve the desired outcomes of the progrom. Portners most frequenlly involved in developing ond employing educotion strotegies include public works deportment or division, tronsportotion deporlment or division, schools ond school districts, communily groups or communily ceniers, public informotion offices of locologencies, ond locol low enforcement ogencies. A tronsportolion sofety educotion progrom wos creoled os port of the Fresno COG's 2021 Regionol Sofety Plon development. The COG's intent is to coordinote with locol ogencies ocross the Counly in deploying ond using educotion moteriols. Eoch locologency's locolrood sofety plon discusses opportunities to moke ihe most of ihot educotion progrom os well os other reloted educotion strotegies.
\ . EMERGENCY SERVICES STRATEGIES
Emergency services strotegies ore progroms ond/or policies thot focilitote coordinotion with emergency/first responders to improve roodwoy sofety. These lypes of strotegies con include:
Agreements for enhonced informotion shoring to better understond severity ouicomes from croshes.
Enhonced communicotion ond coordinotion to help optimize response times to/from incidents ond medicolcore.
lncreosed troumo troining for first responders porticulorly in rurol oreos where trovel to o hospitol will toke longer so stobilizoiion ond treotment of the site of the crosh is more criticol. lncreosed troining opportunities for the generol public to ossist victims of the scene of o crosh.
These types of strotegies ore often coordinoted of o regionol level given the overlop in services ond coveroge ocross multiple locol boundories. Eoch locol ogency's locolrood sofety plon highlights strotegies thot could be beneficiol to coordinote with the COG ond others regording emergency services lhi
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A l0
INTRODUCTION
.. EN FORCEM ENT STRATEGIES
G, Enforcement strolegies include progroms or compoigns specificolly focused on chonging -
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rood user behovior through more visible ond octive enforcement of existing troffic lows.
Typicolly, the effectiveness of enforcement strotegies is temporol, meoning they ore effeclive of chonging behovior for o discrete period of time, typicolly during ond shortly ofter the increosed enforcement octivities.
lf enforcement strotegies ore to improve overollsofely in o community, troffic lows must be opplied equitobly ond with sensitivity toword communities where there moy be limited ropport with low enforcement. Enforcement sirotegies should be undertoken with due coution to ovoid inequitoble enforcement octivities ond evoluoted to determine the strotegy's impoct. The following considerotions con help leod fo more successful outcomes for roodwoy sofety enforcement strotegies:
Appropriotely troin police officers ond periodicolly refresh police officers' troining reloted to enforcement octivities.
lncorporote sociol equity considerotions in comero plocement for outomoted enforcement, such os red-light-running comeros.
Dedicote o portion of enforcement revenue to outreoch ond engogement with community groups obout roodwoy sofety.
Toilor enforcement compoigns to suit the needs of different neighborhoods ond demogrophics ond incorporote educotion os port of those compoigns.
Conduct enforcement with stoff support ond oworeness of the couris.
Use wornings ond flyers before moving on to issuing citotions.
Crosh doto con help identify priority intersections ond/or rood segments ond the times of doy when certoin behoviors moy be more prevolent. This informotion con inform ond help officers choose the mosl oppropriole type of enforcement strotegy for o given locotion ond time period. The COG or locol ogency stoff con olso help monitor the impoct of the enforcement strotegy by coordinoting with the respective ogency's police deportment to obtoin ond onolyze enforcement records ond evoluote effectiveness ond equity considerotions.
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A ll
INTRODUCTION
REGIONAL EFFORTS
The Fresno COG is committed to integroting sofety into its tronsportotion plonning ond funding processes.
As port of thot commitment, the COG hos developed o RegionolSofety Plon over the course of 2021. The RegionolSofety Plon sets forth o roodwoy sofety vision for ihe entire counly ond provides informotion ond strolegies to help the COG ond its member ogencies moke decisions thot will improve roodwoy sofely through projects, policies, progroms, ond funding decisions. lt wos developed in portnership with COG member ogencies through engogement with o RegionolSofety Steering Committee. ln oddition to providing o regionol ossessment of roodwoy sofety, the RegionolSofety Plon pinpoinls oreos where regionwide coordinotion on educotion, enforcemeni, dolo collection, doto mointenonce, ond other strotegies con benefit eoch locologency's progress towords ochieving their locolroodwoy sofety vision ond gools. The RegionolSofely Plon is olso o resource for locol ogencies to:
Gouge how their roodwoy sofety performonce compores to regionoltrends ldentify systemic engineering countermeosures from the RegionolSofety Plon's Countermeosure Toolbox thot con be opplied to locolions within their jurisdiction Obtoin educotionol moteriols thot ore reody for use ond con be distributed in vorious forums to promote sofer behovior on the region's roodwoys
Gother informotion on woys to coordinote further with locol ond stote low enforcement ldentify potentiol funding sources for improvements the locol ogencies hove identified Gother informotion thot con be used in support of gront funding pursuits The content of the RegionolSofety Plon wos used to help inform the ten locol rood sofety plons included in this document. Future updotes to these or other locol rood sofety plons within the region con olso drow from the informotion in the RegionolSofety Plon.
A 12
4.0 CITY OF FIREBAUGH
The City of Flrebough hos on opproximote populotion of Z,9B0.zr The overoge doily vehicle miles troveled is 33,939, ond the City mointoins opproximotely 22IoIol roodwoy centerline miles. The moin orteriol roodwoys thol connect the City to other jurisdictions include N Street, which runs northwest to southeost, l2th Street/W Nees Avenue, which runs west from N Streel, ond l3th Sireet, which runs eost from N Street.
Bosed on the review of crosh doto conducted os port of the LRSP, pedestrions ore overrepresented in fotol ond severe injury croshes. The three collision lypes reported in fotolond severe injury croshes were vehicle-pedeslrion, heod on, ond hit object croshes. The primory collision foctors reported for fotol ond severe injury croshes include pedeslrion viololion ond olher improper driving. Among oll reported croshes, the most commonly reported primory collision foctor is qulomobile righl of woy. High priorily countermeosures to oddress these collision types ond primory collision foctors ore shown in Toble 23. The LRSP provides potentiol engineering, educotion, emergency services, ond enforcement strotegies toilored to Firebough's crosh history ond locol priorities, os well os performonce meosures to evoluote progress.
VISION AND GOALS
The City's vision for roodwoy sofety is:
Creqle q roqdwqy network thot provides q comforlqble environmenl for qll modes of lronsporlqlion within the City.
The City's gools in support of the vision ore:
L Hove zero fotol ond severe injury croshes on the City roodwoysby 2026.
2. Systemicolly implement sofety countermeosures proven to reduce fotol ond severe croshes ocross the City's public roodwoys.
3. Enhonce pedestrion focilities ond crossings within the City limits ond colloborote with Colirons on modificotions proposed to stote route roodwoys within the City limits.
4. Porticipote in regionol octivilies to promote roodwoy sofety os o priority investment. 2t 2O18 populolion. Source: Colifornio Depcrtment of Finonce C-
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93 CITY OF FIREBAUGH
SAFETY PARTNERS
A voriely of ogency stoff ond community portners were involved throughout the development of this LRSP ond ployed on integrolrole in identifying priorities, providing locolconlext, ond reviewing the existing conditions onolysis. Mony of the strotegies identified in this plon will require coordinotion with these portners ond their support of the City's effort to creote o culture of roodwoy sofety. Firebough's gools reflect the importonce of porticipoting in regionol octivities to promote roodwoy sofety. While odditionol portners moy be identified in the future, lhose involved in development of the LRSP include:
Firebough Fire Deportment
Firebough Police Deportment
Firebough Public Works Deportment
Firebough-Los Deltos Unified School
District
I Fresno Council of Governments
PERFORMANCE MEASURES
Performonce meosures ore used to trock progress ond o key element of moking doto-informed decisions.
Performonce meosures thot support lhe City's vision, gools, ond emphosis oreos include:
Annuol number of croshes (city-wide ond of eoch of the top twenty priority locotions) Annuol number of fotol ond severe injury croshes (city-wide ond of eoch of the top twenty priority locolions)
Annuol number of pedestrion ond bicycle croshes (city-wide ond of eoch of the top twenty priority locotions)
Annuol number of heod on croshes (city-wide)
Annuol number of hil object croshes (city-wide)
Annuol number of croshes of intersections (city-wide)
lnvestments mode in roodwoy sofety countermeosures (e.9. dollors spent, gronts pursued, portnerships developed)
lnvestments mode in educotion ond enforcement strotegies (e.9. dollors spent, gronts pursued, portnerships developed)
Coordinotion with other locol ogencies ond/or sofety porlners (e.9. meetings held, projects pursued)
Coordinotion on crosh doto processes ond reporting (e.9. meetings held, chonges mode) As port of plon implementotion, the City will identify o process for onnuolly trocking these performonce meosures to support future updotes to this roodwoy sofety plon.
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A 94
CITY OF FIREBAUGH
DATA SUMMARY
The primory doto sets used to inform the technicol onolyses for the City's locol rood sofety plon were crosh doto ond roodwoy network informotion. As noted below, future updotes could incorporote troffic volume doto if widely ovoiloble for locotions ocross the City. ln oddition, feedbock from o publicly ovoiloble survey wos documented for considerotion in identifying issues ond improvement strotegies.
Public Survey Feedbock
Toole Design Group worked with Fresno COG to develop on online survey ond interoctive webmop to provide the opportunity for public engogement on the LRSP. The goolwos to collect both generol ond geogrophicolly specific feedbock on sofety problems, desired sofety improvements in jurisdictions thot ore port of the MLRSP, os well os voluntory demogrophic informotion for Title lV reporting. Both octivities were open from August 16,2021 to September 20,2021 ond sought public feedbock on spotiol potterns of lroffic sofety concerns ond desired improvements.
As the primory open public engogement opportunity during MLRSP development, the survey ond interoctive webmop served o cruciolrole in illuminoting the community's troffic sofety concerns ond desired troffic sofety improvements. Below is o summory of key findings from the online survey ond interoctive webmop specific to Firebough. More informotion on the methodology ond overollfindings of the survey ore provided in Appendix A.
il
PEOPLE
RESPONDED
2 LOCATIONS
IDENTIFIED
WHERE PARTICIPANIS
WORK AND LIVE
MOST COMMON
SAFETY CONCERNS
Speeding or oggressive
driving
Croshes or neor misses
hoppen here
Lock of sofe ploces lo
wolk, bike, orwoit for
the bus
Live in
Firebough ond
work/study
outside of
Firebough
36%
Work/siudy in
Firebough ond
live outside of
Firebough
e%
Live ond
work/study in
Firebough
5s%
a
I
a
a
The survey osked respondents to provide input on the top rood sofety improvements needed in their communities. While lhe survey prompted poriiciponts to pick three improvements, some selected more thon lhree responses. A totol of 35 responses were received for Firebough from l1 porticiponts, with the most common desired improvement lypes including:
o Mointenonce of existing roods ond streets (Z responses) A 95
I
CITY OF FIREBAUGH
o Pedestrion crossing improvements (5 responses)
o Troffic signols (5 responses)
o Rurolrood improvements to prevent run-off-rood croshes (4 responses) o Speed enforcement (4 responses)
Porticiponts dropped points in the webmop in specific locotions ocross Fresno County where they experienced rood sofety concerns. When leoving o point, porticiponts could select from o list of troffic sofety concerns ond the kinds of trovelimpocted, with the obility to select os mony responses os opplicoble. A text box gove porticiponts the option to note whot they think would moke the locotion sofer. A lotol of 2locotions were noted in Firebough, noling the following troffic sofety concerns:
o Speeding or oggressive driving (2 responses)
o Croshes or neor misses hoppen here (l response)
o Lock of sofe ploces to wolk, bike, or woit for the bus (l response) The survey osked porticiponts where they live ond work or study, with the option to select from o list of jurisdictions or outside of Fresno County. The porticiponts who selected Firebough included:
o 6 who live ond work/siudy in Firebough
o 4 who live in Firebough ond work/study outside of Firebough o I who works/studies in Firebough ond lives outside of Firebough Crosh Doto
Kittelson worked with Fresno COG to ossemble crosh doto for the City of Firebough using the Stotewide lntegroted Troffic Records System (SWITRS) dotobose, supplemented with locotion informotion from the Tronsportotion lnjury Mopping System (TIMS) dotobose mointoined by SofeTREC ol the University of Colifornio, Berkeley. Throughout this report, croshes ore ossocioted with o jurisdiction bosed on the reporting officer's ossessment of locotion.
The crosh dotobose represents the time period from Jonuory I ,2015 through December 3l , 2019 ond includes reported croshes thot occurred on public streets. Within the ossembled regionolcrosh dotobose, o totol of 130 reported croshes ore locoted in City of Firebough. Crosh severity is coded occording to the highest degree of injury exhibited, ond the doto used for this onolysis includes the following coded severity levels (listed in descending order):
Fotol: deoth from injuries sustoined in the crosh.
Severe lnjury: lnjuries include, for exomple, broken bones, severe locerolions, or other injuries thot go beyond the reporting officer's ossessment of "other visible injuries." Other visible injury: An injury, other thon those described obove, thot is evident to observers of the scene of the crosh. For exomple, bruises or minor locerotions.
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CITY OF FIREBAUGH
Comploint of poin: lnternol or other non-visible injuries. For exomple, o person limps or seems incoherent.
Property domoge only (PDO): No injuries sustoined.
Roodwoy Network Doto
Kitlelson developed o lineor referencing system of oll public roodwoys using the Fresno County roodwoy centerline file. This dotoset wos updoted to develop o meosurement system bosed on the totol rood length (os determined by roodwoy nome) to locote croshes lo o specific mile point olong the network.
The moster roodwoy nelwork for the County wos used to spotiolly onolyze ond prioritize specific locotions within eoch locol jurisdiction.
Troffic Volume Doto
Troffic volume doto wos not consistently ovoiloble of o sufficient levelto be oble to incorporote into the sofety onolysis. Future updoles to the City's locol rood sofety plon could incorporote troffic volume doto, if ovoiloble, to understond how crosh frequency, severity, ond lype vory of different levels of troffic.
A 97
CITY OF FIREBAUGH
EXISTING ROADWAY SAFETY PERFORMANCE
The findings in this section ore bosed on the crosh dotobose, which includes reported croshes from Jonuory l, 2015 through December 31 ,2019. lt is orgonized os follows:
AllRood Users
o Severity by Rood User
o Yeor, Month, ond Weother
o Collision Type
o Locotion, Collision Type, ond Severity
o Primory Collision Focfor
o Lighting
o Time of Doy
Pedestrion-involved Croshes
o Yeor ond Month
o Pedestrion Action ond Locotion
o Lighting
Bicyclistinvolved Croshes
o Collision Type
o Primory Collision Foctor
o Lighting
A 98
CITY OF FIREBAUGH
All Rood Users
This section includes onolysis ond findings for oll reporled croshes. Subsequent sections focus exclusively on croshes involving pedestrions ond bicyclists.
SEVERITY BY ROAD USER
Toble 20 presents reported croshes, orgonized by severity level ond rood user There were seven reported pedestrion croshes, of which three were fotol.
There wos one reported bicycle crosh in the City of Firebough.
Most reported croshes were property domoge only (PDO)-75 percent of totol reported croshes.
Tqble 20; Crosh Severity by Rood User lnvolved
I
Folol
(% ol column)
Severe lnjury
(% ol column)
Visible lnjury
(% of column)
Comploinl ol
Poin
(% ol column)
Property
Domoge Only
(% of column)
lolol
(% of column) Rood Users lnvolved
Pedestrion lnvolved
Bicycle lnvolved
Vehicle Only or VehicleFixed Object
Reported Croshes
Severity Shore of Reported
Croshes
Source: SWIIRS, TIMS, Kittelson, 202 1
3 (75%l
o lo%l
1 (25%l
4 (100%l
3%
o lo%)
0lo%)
2 (100%)
2(100%l
L/O
1111%l
0 (o%l
I lge%l
e 1100%l
7%
2I1%)
1(6%)
15 (83%)
r8 (r00%l
14%
1 (1%l
0lo%l
e6 (ee%l
97 (100Vol
75%
7l5%l
I l1%l
122 (e4%l
r30 (r00%)
10070
Colifornio's Strotegic Highwoy Sofety Plon (SHSP) includes 16 chollenge oreos to focus stotewide resources ond efforts. Three such chollenge oreos were croshes involving pedestrions, bicyclists, ond motorcyclists.
The SHSP onolyzed the shore of fotol ond severe injury croshes involving eoch of these rood users. Figure 42 compores crosh trends in the City of Firebough to the stotewide trends reported in lhe SHSP.
City of Firebough hos one reported bicycle crosh reported os o "comploint of poin" ond no reported motorcycle croshes.
Pedestrion croshes represent three of six fotol/severe injury croshes (50 percent) in Firebough, o higher shore thon the stotewide overoge reflected in the SHSP.
A 99
o
o
a/,
,n
o
U
CITY OF FIREBAUGH
Figure 42: Folql ond Severe lnjury Crosh Shores by Rood User Compored lo Stolewide Trends 60%
s0%
40%
30%
10%
0%
Pedeslrion Bicycle
Stoiewide Averoge
Motorcycle
r Firebough
YEAR, MONTH, AND WEATHER
Figure 43 shows yeor-over-yeor trends in the doto by severity. There ore no reported croshes in the doto for the yeor 2015 ond two fotol/severe croshes reported for lhe yeor of 2016. From the yeors 2017 lo 2019 the overoge onnuol number is 26 croshes o yeor. There oppeors to be o downword irend in reported croshes beiween 2017 ond 2019. A lock of reporting could contribute to the obsence of croshes f or onolysis in 2015 ond the count observed in 2O16 (os well the totols in the other yeors shown).
Figure 43: Yeqr-over-Yesr Trends in Crosh Doto by Severity 60 50
Source: SHSP, SWIIRS, TIMS, Kittelson,202l
dao c
o
OJU
o
L
.c tO 6
I
U IU
0 itFgffirtEffintf,ilrr
201 6 2017
* Foiol/Severe lnjury r Other Injury
Source: SWIRT TIMS, Kittelson, 202 I .
Noie: "Ofher injury" includes "Other visrble injury" ond "Complaint of poin" croshes.
A
201 B
Property Domoge Only
2019
100
CITY OF FIREBAUGH
Figure 44 presents the totol croshes by month ond severity for the crosh dotobose. On overoge, l2 croshes occurred per month. Fluctuotions from o single month lo the next tend to represent lhe degree of rondomness in crosh occurrence ond ore rtot necessorily indicotive of on overoll trend. The number of croshes in September, October, ond November eoch exceed the monthly overoge.
Figure 44: Croshes by Monlh ond Severity
18 to
t4
U
E
o
D
E
o
L
.cvl
o
U
z
0 8
6 4
0 ,ot\ .od ,."" C $dtt y,qN $'o{ r.€ t',t- or+ ^.t "6o* rat art F" ."ot oo' +dt ""* r Folol/Severe lnjury r Olher lnjury r PDO
Source: SWIRS, TIMS, Kittelson, 2021
Note: "Ofherrnjury" includes "Ofhervisible injvry" ond "Complaint of poin" croshes. property damoge only.
A r0l
CITY OF FIREBAUGH
Figure 45 illustrotes croshes by month ond weother conditions. The most common weother condition, cleor weother, is not shown in the chort below to highlight weother's foctor on crosh trends. . One crosh wos recorded to hove occurred in foggy conditions, in Jonuory. . Croshes occurring in cloudy conditions peok between October ond Morch (peoking of three croshes, or 27 percent of croshes in Morch) ond ore lowest during the months of April to September.
. No reported croshes occurred during roiny conditions.
Figure 45: Croshes by Month qnd Weqlher Condilion
30%
o
.c
o
o
=
lt
Q
o
,E
,
o
U
o
o
o
v,
zJ /o
20%
ts%
t0%
Eo7
0%
Jon Feb Mqr Apr Moy Jun Jul
.+-Cloudy =l-Fog
Aug Sep Oct Nov Dec
Source: SWffRS, TIMS, Killelson, 202 I
Nofe: Only selecf condilions shown to improve legibility for less frequenl weother condifions.
A 102
CITY OF FIREBAUGH
COLLISION TYPT
Reported collision type gives on indicotion of the movements mosf frequently involved in croshes ond in severe outcomes. Figure 46 presents croshes by type ond severity.
Among totol reported croshes, the top three most frequent collision types ore reor end (38 percent), sideswipe (22percent), ond broodside (9 percent). These three collision types occount tor 69 percent of reported croshes in the City.
Among fotol ond severe injury croshes, three ore vehicle/pedeslrion croshes (three of six for 50 percent).22 Among the remoining three, one eoch wos heod on, hil object, ond not stoted.
Figure 46: Croshes by Collision Type ond Severity
0% J/o
Crosh Shore
10% ts% 20% 30% )Fq 40%
Reor End
Sideswipe
Broodside
Hit Object
Heod-On
Vehicle/Pedeslri
0n
Oiher
Overturned
* Folol/Severe Injury I Other Injury , PDO
Source: SWffRS, TI MS, Kiltelson, 202 1 .
Noie: "Oiher hjury" includes "Oiher visible injury" ond "Comploint of poin" croshes. "PDO" = properly domoge only. 22 Two croshes involving pedestrions were originolly coded in lhe doto os heod on croshes. Kittelson recoded the collision lype for these two to vehicle/pedeslrion, given thot the other informotion ovoiloble in the doto indicoted eoch collision involved one motor vehicle ond one pedestrion.
A 103
CITY OF FIREBAUGH
PRIMARY COLLISION FACTOR
Reporting officers identify o primory collision foctor (PCF) for eoch collision. lt is up to the officer's judgement ond informoiion ovoiloble of ihe scene for them to select the foctor thot is most relevont.
Officers select one from omong o list of PCFs bosed on Colifornio Vehicle Code (CVC) ond rood user behovior. Figure 47 presents lhe most frequently cited PCFs.
Among totolreported croshes, the three most frequently reported PCFs ore outomobile right of woy23 (15 percent), other improper drivingtez+ (1 5 percent), ond unknown/not reporied (13 percent). These three occount for 43 percenl of reported croshes.
Among the six reported fotol/severe injury croshes, three of the croshes hod reported PCFs of pedestrion viololionzs (three of six for 50 percent). Two croshes hod unknown or unreported PCFs, ond the remoining one hod o PCF of olher improper drivingz+.
Figure 47: Collision by Reported PCF qnd Severity
I
o% s%
Crosh Shore
10% ts%
PDO
20% 2s% 30%
Auiomobile Right of *ou I', '
olher lmproper Driving f ,
UnknownI,",-:, l
Following Too Closely I . :
Driving or Bicycling Under the lnfluence of Alcohol or Drug l]':,', '. ,
lmProPerTurning lt'i'' ' j
Unsofe Speed f' ,,,,
j
Unsofe Storling or Bocking l,i::,.:: .. I
Pedeslrion Violotion I
Iroffic Signols ond Signs 1,..^ :,
,
Other Hozordous Violoilon I .,
,, i
Wrong Side of nooO I i
Olher Thon Driver (or Pedestrion) !
lmproper eossing I l
. Fotol/Severe lnjury r Other lnjury
Source: SWffRS, TIMS, Kiltelson, 202 1 .
Nofe: "Other rnjury" inclvdes "Ofher visible injury" ond "Comploint of poin" croshes. "PDO" = property domoge only 2s Reported PCF bosed on CVC violotion indicoting o driver turning foiled to yield right-of-woy to oncoming troffic. 24 Reported PCF bosed on CVC viololion indicoling driving from o direcl course wilhout reosonoble sofety or not signoling oppropriotely.
2s Reported PCF bosed on CVC viololion indicoting o pedestrion foilure to yield the right of woy 1o other vehicles.
A ro4
CITY OF FIREBAUGH
LIGHTING
Figure 48 shows citywide croshes by reported lighting condition ond severity.
Croshes ihot occurred in doylight conditions moke up72 percent of totolreported croshes ond occount for one of the five fotol/severe injury croshes.
The remoining four fotol/severe injury croshes occurred in the dork with streetlights (three croshes) ond in dusk/down conditions (one crosh).
Figure 48: Crqshes by Llghtlng ond Severily
I
AA7 10% 20% 50% 60%
Crosh Shore
30% 40%
Doylight
Dork - Street Lights
70% 80%
Dusk-Down f
Dork- No street Lishts
t
r Folousevere lnjury r Oiher lnjury r PDO
Source: SWIRS, TIMS, Kittelson, 202 1
Note: "Ofherrnjury" includes "Ofhervrbible injury" ond "Comploint of poin" croshes. rppQ" =prop€rty domoge only A 105
CITY OF FIREBAUGH
TIME OF DAY
Figure 49 shows croshes by time of doy. A higher shore of croshes occurred during the ofternoon with the highest portion occurring in the 5 PM to 6 PM hour.
Figure 49: Crosh Shore by Time of Doy
14% 13%
12%
t0% 9%
td
2y 2% 2%
(,
oB%
vt
.c.tl g6%
U
6%
il
4% 4%
0% lli lii
Source: SWffRS, TIMS, Kittelson, 202 1
ll ,.::
opo ieo .'s .s po ,s 69o 1.9o os qgoS$os O$+s+tt"$gf .19o*t"*..tt*tt*so*so*lo Hour
A r06
CITY OF FIREBAUGH
Pedestrions
This section focuses exclusively on croshes involving pedestrions. Toble 2l shows the distribution of pedestrion croshes by severity. Of the seven reported pedestrion croshes, 43 percent were fotol or resulted in o severe injury. Reported pedestrion croshes moke up 50 percent of ollreported fotol/severe croshes, compored to 5 percent of totol reported croshes.
Tqble 2l: Pedeslriqn lnvolved Crqshes by Severity
Pedestrion lnvolved 3 (43%l
Source: SWIIRS, TIMS, Kttelson,202l .
0 (0%) 1(14%l 2 (2e%l 1(14%) 7 (100%l
SEVERITY AND MONTH
The reported pedestrion croshes were generolly dispersed throughout the l2 months. October recorded the most reporled pedesirion croshes, with three croshes.
Jonuory hod one fotol pedestrion crosh.
Morch hod one injury pedeslrion crosh.
Moy hod one property domoge only pedestrion crosh.
Seplember hod one injury pedestrion crosh.
Oclober hod o totol of three pedestrion croshes: two fotolond one injury.
PEDESTRIAN ACTION AND LOCATION
For pedestrion croshes, doto ore coded occording to the reporting officer's judgment obout the pedestrion's oction ond locoiion preceding the crosh.
Two fotol croshes occurred os pedestrions were "crossing not in crosswolk." One fotol crosh, one injury crosh, ond one PDO crosh occurred with the pedestrion ociion "crossing in crosswolk of interseclion" reported.
The pedestrion oction "in rood, including shoulder" wos reported in two injury croshes.
LIGHTING
Two fotol croshes occurred in the dork with streetlights ond one fotol crosh occurred during dusk - down.
One injury crosh occurred in the dork with no streetlights. The remoining two injury croshes ond PDO crosh occurred during doylighi.
I
Folol
(% of Totol)
Severe lnjury
(% of Totol)
Visible lnjury
(% ol Totol)
Comploinl of
Poin
(% of Totol)
Property
Domoge Only
(% ol Totol)
Totol
A t07
CITY OF FIREBAUGH
Bicyclists
One bicycle crosh, resulting in injury, wos reported between 2015 ond 201g. The crosh wos reported os o vehicle/pedeslrion collision with o primory contributing foctor of olher thon driver (or pedestrion), with the bicyclist coded os of foult.za The crosh wos reported to hove occurred in dusk conditions oround 5 PM.
Priority Locotions
Kittelson identified priority intersections ond segments in Firebough using the onnuolized crosh severity scores ond excess predicted croshes described in the Doto Summory ond Anolysis Approoch sections (see the lntroduction).
For intersection locotions, the crosh severity scores ronged from zero (no reported croshes during the five yeors) to 43.12. Figure 50 shows the results of the crosh severity scoring. Figure 5l shows excess predicied crosh scores by percentiles for intersection locotions. For the holf-mile roodwoy segments, the crosh severity scores ronged from zero to 33.13. Crosh severily score results for roodwoy segmenls ore shown in Figure 52. Excess predicted crosh score results ore shown in Figure 53. lntersections or segments shown os not folling within one of the percentile breoks indicotes there were no reported croshes of thot locotion.
Toble 22 presents the lop twenty locotions with the highest crosh severity scores. loble 22.Iop 20 locqlions bosed on Crqsh Severity Score Crosh
Severity
Score
Totol
Number ot
Closhes
Olher
Visible
lnjury
Type
PDO
Severity
# Iocolion
Foiol Severe
lnjury
Comploinl
ol Poin
4 I
3 9
3 5
3 0
n
0 0
3 0
4 I
0 2
0 0
0 0
0 I
I
0 I
0 0
I
0 0
I
I
0 0
0 7
2 2
2 7
l0
7 7
4 1
2 3
4 5
6 7
I
9 N ST & SAIPAN AVE
N ST & NINTH ST
THIRTEENTH ST FROM P ST TO CW
LIMITS
N ST FROM SEIERRA AVE TO
NORTH OF SIERRA AVE
THIRTEENTHST&NST
TWELFTHST&NST
N ST & CLYDE FANNON RD
N ST & ELEVENTH ST
TWELFTHST&MST
Unsignolized
Unsignolized
Segment
Segment
Signol
Signol
Unslgnolized
Unsignolized
Unsignolized
43.12 38.25
33.1 3
33.1 3
28.16 25.71
5.47 4.36
2.74 20 Olher informotion ovoiloble obout ihis collision does not indicote thot o pedeslrion wos involved. The reporting officer moy hove been imprecise in coding the collision type or on error moy hove been mode in entering doto from the collision report inlo the dolobose.
A l0B
CITY OF FIREBAUGH
rn N STREET FROM CLYDE FANNON
RD TO CORDEL AVE
II CLINEST& RST
12 THIRTEENTH ST & P ST
13 SAN DIEGO AVE & BULLARD AVE
14 N ST & FOURTEENTH ST
WASHOE AVE FROM NORTH OF
15 BULLARD AVE TO SOUTH OF NEES
AVE
N ST FROM MORRIS KYLE DR TO ro
OTY LTMTTS (souTH)
17 THIRTEENTH ST & O ST
18 O ST & SIXTEENTH ST
19 DOS PALOS RD & SIERRA AVE
4A REV KANTOR ST FROM CLYDE
'v FANNoN RD To zozAYA sT
Nofe: PDO = Property Domoge Only
Segment
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Segment
Segment
Unsignolized
Unsignolized
Unsignolized
Segment
2.54 2.43
2.42 2.34
2.34 2
0 6
0 2
0 0
n
I
U
0 I
I
0 0
U
0 0
0 0
0 0
0 0
3 2
7 2
2 2.34
0 U
2 2
6 2.34
2.22 2.14
1.52 1.62
a
3 0
0 0
0 0
0 0
0 0
0 A
0 2
2 Crosh
Severily
Score
Totol
Number ol
Croshes
Olher
Visible
lnjury
PDO lnjury
Severily
# Locolion Type Severe Folol Comploinl
of Poin
A 109
!{r i .'i.
e
3 ',i;!::-r. .ii
.1,:,
.
,rl'.'-'
.t. :,)--: :,
.'',..;l!
: 'i f,.::-,.'
w6uiiioavi.',r
Cnlh Severlty Scole 75€0th Perentlle -r City Llmlb
5o-75th Pe@ntile + County Bounddry
ffidh Pemntle
o. '-l"r*o
Frgure 5C
lnterssction Grash Severity Scores
Jurisdiction Results: Firebaugh Kr|I:5til?J! Fresno Council of Governments \*,.
?
t
I
Erce!3 Expsc-t3d Frcqu3ncy . 75-9oth Perenflte city Ltmtb 0 0t5Mile6 o 95-1ooth Percentile
90-951h Pe16ntile
Krr=Isb,t?A
5$75th Perentlle i. County gounOary
0-50th Pe@ntile
Excess Predicted Averags Crash Frequency Using Method of Momonts JuriEdiction Rosults: Firebaugh
Frosno Council of Governments
srllhlt.
%oo
?,oono
Cn3h Severlty Scotea
-
75-9oth Perentile cily Llmits
-
95-100th Per@ntilo
-
5o-751h perenflte f q6gnly g6s166ry
-
90-95th Perentile - -. 0-5frh Percenille
Firebaugh
0 06M le3 o
l<fl115H?J!
Figure 52
Roadway Crash Severity Scores
Jurisdiction Results: Firsbaugh
Fresno Council of Governments
Exc€!3 El9ected Frcquency
-
75-90th Pe@ntlle clty Limib
-
50-75th Per6ntile t: County Boundrry
o
-
95-'l00th Percenille
-
9G95lh Perentlle
KTLTJSbi?A
-
G50th Percentile Figure 53
Roadway Excess Predicted Average Crash Frequency Using Mothod of Mom€nts Ju.isdiction Rosults: Firobaugh
Fresno Council of Governments
CITY OF FIREBAUGH
EMPHASIS AREAS
Bosed on key trends in the crosh doto, emphosis oreos for the City of Firebough include pedestrion croshes, heod on croshes, ond hit object croshes. The primory collision foctors of outomobile right of woy ond other improper driving ore the most commonly cited overoll ond omong fotol ond serve injury croshes. Therefore, strotegies oimed of encouroging sofe driver behoviors is included os on emphosis oreo. ln oddition, the doto review suggests thol the crosh doto ovoiloble for the City moy be incomplete, which limits the obility to systemoticolly identify locotions for improvement. Eoch of these oreos is further discussed below.
Pedestrion Croshes
Pedestrion croshes were identified os o focus oreo given the ovenepresentotion of pedestrions in fotol croshes. Holf of the six fotol croshes involve o pedestrion, two of which were reported to occur when o pedestrion wos "crossing not in o crosswolk" ond one of which occuned when o pedeslrion wos reported os "crossing in crosswolk of iniersection." This suggests opportunities for improvements to pedestrion infrostructure.
Pedestrions ore identified os one of the six high priority chollenge oreos in the Colifornio SHSP. The high priority oreos represent "the greotest opporlunity to reduce fotolities ond serious injuries ocross the stoie" (Coltrons SHSP).
Heod on Croshes
Heod on croshes were selected os on emphosis oreo os one of the two severe injury croshes ond two of the 27 other injury croshes were clossified os o heod on croshes. As discussed below under Engineering Strotegies, countermeosures ore ovoiloble torgeted of heod on croshes.
The Colifornio SHSP includes lone deportures os one of the six high priorities in Colifornio. As indicoted in the Coltrons SHSP, "the Lone Deportures Chollenge Areo includes heod-on, hit object, ond overlurned croshes. This includes instonces where o vehicle runs off the rood or crosses into the opposing lone prior to the crosh." These croshes ore o high priority due to their severity level.
A 114
CITY OF FIREBAUGH
Hit Object Croshes
Hit object croshes were selecled os on emphosis oreo due to the severity of the croshes. One of the ten hit object croshes resulted in o fotolity ond one in other injury. A voriety of roodwoy countermeosures ore ovoiloble torgeted of ond reducing hit object croshes. As discussed below under Engineering Strolegies, countermeosures ore ovoiloble torgeted oi hit object croshes.
As indicoted under heod on croshes discussion, the Colifornio SHSP includes lone deportures - which includes hit object croshes - os one of the six high priorities in Colifornio.
Driver Behoviors
The primory collision foctors of outomobile right of woy ond other improper driving were cited in one of the two severe croshes ond seven of lhe 27 olher injury croshes. These primory collision foctors reference o CVC violotion where o driver turning foiled to yield rightof-woy to oncoming troffic or drove from o stroight course without reosonoble sofety or signoling property. The mojoriiy of croshes with these PCFs were clossified os reor end or sideswipe. A combinotion of engineering, educotion ond enforcement strotegies oimed of encouroging sofe driver behoviors con be utilized. Eoch of these oreos is further discussed below.
lmproved Dqto Collection
lmproved crosh doto collection is identified os on emphosis oreo os o lock of reporting could contribuie to the obsence of croshes for onolysis in 2015 ond potenliolly missing doto for 2016 through 2019. High quolity doto is on essentiol component of ochieving Firebough's gools. nomely being oble io systemoticolly implement sofety countermeosures.
A I t5
CITY OF FIREBAUGH
STRATEGIES
The following subsections present engineering, educotion, emergency services, ond enforcement strotegies to help improve roodwoy sofety within the City of Firebough.
A EngineeringStrotegies
-fl v'
n- The three fotol ond severe injury collision types reported in Firebough were vehicleV pedeslrion, heod on, ond hit object croshes. The fotolond severe injury primory collision foctors reported were pedeslrion violotion ond other improper driving, ond oulomobile rlghl of woy wos the most frequenlly reported primory collision foctor. High priorily countermeosures to oddress these collision types ond primory collision foctors ore shown in Toble 23.
Iqble 23. High Priority Counlermeqsures
Counlermeosure Nome ID Croshes Addressed
Roodwoy
Counlermeosures
lnlerseclion
Counlermeosures
Street Lighting
Remove or Relocote Fixed Objects Outside of Cleor
Recovery Zone
lnstoll Guordroils
Rood Diet
Widen Shoulder
lnstoll/Upgrode Signs with New Fluorescent Sheeting
lnstoll Dynomic/Vorioble Speed Worning Sings
lnstoll Edgelines ond Centerlines
lnstoll Centerline Rumble Strips/Stripes
lnstoll Edgeline Rumble Strips/Slripes
lnsioll Dynomic Regulotory Speed Worning Signs
Add lniersection Lighting ot lnterseciions
No Right-Turn on Red
RI
R2
R4
R14
Rt5
R22
R26
R28
R30
R3r
n/o
st /NSl
n/o
N54/NS5
R34PB
R35PB
Croshes ot night
Hit object
Hit object
Hit object
Hit object
Hit object
Hit object
Hit object
Heod on
Hit object
Hit object
Croshes ot night
Vehicle-pedesirion, pedestrion
violotion
Alt
Pedeslrion violotion
Vehicle-pedesirion, pedestrion
violotion
Vehicle-pedeshion, pedestrion
violotion
Convert lnierseciion io Roundobout
lnstoll Sidewolk/Pothwoy
lnstoll/Upgrode Pedeslrion Crossing with Enhonced
Feotures Pedeslrlon/Bicycle
Counlermeqsures lnstoll Rqised Medions (or Refuge lslonds) lnstoll/Upgrode Pedestrion Crossing ot Unconkolled
Locotions (with Enhonced Sofeiy Feotures)
Nole: Ihe lD number references lhe Coltrons Monuol Locol Rood Sofefy NSI 9PB
NS21 PB Vehicle-pedesirion
Appendix B contoins the regionol Countermeosures Toolboxwhich includes more detoiled informotion regording the countermeosures listed obove.
A l16
CITY OF FIREBAUGH
The following figures ond tobles provide doto on collision types ond foctors for the intersections ond roodwoys with the highest crosh scores. The locotions with the highest crosh scores moy be top priorilies for implementing countermeosures ond pursuing gronts. Firebough con use the informotion obout collision type ond foctors to identify potentiol countermeosures to opply, using the informotion in Toble 23.
Figure 54 ond Figure 55 presenl the top priority intersections ond breokdown of the top collision types ond primory collision foctors, respectively. Figure 56 ond Figure 57 present the top priority roodwoys ond breokdown of the top collision lypes ond primory collision foctors, respectively.
A 117
n-(!{{.
Colllsion Type
a Vehlcl+Peddldan
a Head on
a Hiloblect
t< KITTELSON& ASSOCIATES
City Umib
L,: countBoundery
: - ;1"""",t
Figu.e 54
Top Fatal/Severe lnjury lntersoction Collision Types
Jurisdiction Results: Firebaugh
Fresno Council of Government3
' ,, .t,
'r.
:.,'')':,
z
i
Pdmrry Collblon F!6toE city Limns
a ped6trlan violation -l county Boundary
a Automoblle Rlght ofWay
a otherlmproperoriving
t< KITTELSON& ASSOCIATES
ot-r-*lt"t"""()
.9_.e 55
Top Fatalrsevere lnjury lntersection Primary Collision Factors ,"gj;oJe'n:}ff :?'$IJfi :'ix',!
j
;
Collirion Typ6 : ' ciry Ltmib
a Head on ill countyeounoary
a Httoblect
-
Priority RoeduF
Krr.Is5i?J!
o
Fis!re 56
Top Fatal/Ssvere lnjury Roedway Collision Types
Jurisdiction Results: Firebaugh
Fresno Council of GovernmenG
3 Prlmrry Colllslon Facto6 : cit Limits
a OtherlmproperDriving j,il CountygounOary
-
Pdodty RoadEyE
Krr;:5ff.I
o
Frgu€ 57
Top Fatal/Severe lnjury Roadway Primary Collision Factors Jurisdiction ResulG: Firobaugh
Fresno Council of Governments
CITY OF FIREBAUGH
Toble 24 ond Toble 25 provide informotion for the top 46 intersection locotions (bosed on crosh severily score), including controltype (signolized or unsignolized), crosh severily score, ond totol number of croshes by collision type or primory collision foctor.
Tqble 24. Priority lnlerseclions wiih Collision Type bosed on Top 3 FotollSevere lnjury Collision lypes Crosh
Severity
Score
Tolol
Number of
Croshes
Vehicle/
Ped
Collision Type
# Locotion Conlrol Type
Heod On Hit Objecl Other
1 2
3 4
5 6
7 I
?
l0
ll
12 l3
14 l5
l6
17 r8
It
20 21
22 23
24 25
26 27
N ST & SAIPAN AVE
N ST & NINTH ST
THIRTEENTHST&NST
TWELFTHST&NST
N ST & CLYDE FANNON RD
N ST & ELEVENTH ST
TWELFTHST&MST
CLINEST&RST
THIRTEENTHST&PST
SAN DIEGO AVE & BULLARD
AVE
N ST & FOURTEENTH ST
THIRTEENTHST&OST
O ST & SIXTEENTH ST
DOS PALOS RD & SIERRA AVE
FIFTEENTHST&RST
P ST & CLINE ST
CLYDE FANNON RD &
MENDOZA DR
ELEVENTHST&PST
N ST & EIGHTH ST
SAIPANAVE&OST
N ST & FIFTEENTH ST
YIPST&PST
CLYDE FANNON RD & P ST
N ST & MORRIS KYLE DR
ALDER WAY & OAK ST
HELM CANAL RD & BIRCH DR
HELM CANAL RD & POPLAR
SAIPAN AVE & CORREGIDOR
AVE
SAIPAN AVE & GREENACRE
ST
SIXTEENTHST&QST
THIRTEENTHST&MST
Unsignolized
Unsignolized
Signol
Signol
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
43.12 38.25
28.16 25.71
5.47 4.36
2.74 2.43
2.42 2.34
2.34 2.22
2.14 1.62
1.22 1.22
1.22 0.60
0.60 0.40
0.40 0.40
0.40 0.40
0.20 0.20
0.20 0.20
0.20 0.20
0,20
7 2
7 l0
7 7
4 2
7 2
2 6
I
3 I
I
I
3 3
2 2
z
2 2
I
1 1
0 2 5
6 I
6 7
4 0
0 0
0 0
0 0
0 (
0 2
E
0 3
2 0
0 0
0 0
0 0 0
2 2
2 2
0 0
n
0 0
U
0 0
0 0
0 U
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
U
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 U
2 0
0 0 0
0 28
29 30
3l
A
0 U
0 U
0 0
0 122
CITY OF FIREBAUGH
32 FOURTEENTH ST & O ST Unsignolized 0.20 I 0
33 FOURTEENTH ST & P ST Unsignolized 0.20 I 0
34 TWELFTH ST & P ST Unsignolized 0.20 I 0
35 ELEVENTH ST & O ST Unsignolized O.2O I 0
36 TENTH ST & O ST Unsignolized O.2O I 0
37 NINTH ST & O ST Unsignolized 0.20 I 0
38 NINTH ST & P ST Unsignolized 0.20 I 0
39 EIGHTH ST & P ST Unsignolized 0.20 I 0
40 SEVENTH ST & P SI Unsignolized 0.20 I 0
41 N ST & YIP ST Unsignolized 0.20 I 0
42 CLINE ST & Q ST Unsignolized 0.20 I 0
43 CLINE ST & T ST Unsignolized 0.20 I 0
44 ZOTAYA ST & ALLARDT DR Unsignolized 0.20 I 0
45 ALLARDT DR & MENDOZA DR Unsignolized 0.20 I 0
46 9lt-?'-lo^foN RD & Unsisnotized o.2o I o
BORBOA LN
Nofe: Other croshes include oll croshes lhol ore not coded os one of lhe top lhree colllsion lypes Tqble 25. Priority lnlerseclions wilh Primory Collision Fqclor bqsed on Top 3 Fqtal/Severe lnjury Primory Collision Foclors 0 0
U
0 0
0 I
0 I
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
I
I
I
I
0 Crosh
Severity
Score
Tolol
Number of
Croshes
Vehicle/
Ped
Collision Type
# locotion Conirol Type
Heod On Hit Object Olher
Crosh
Severity
Score
Tolol
Number of
Croshes
Olher
lmproper
Driving
Primory Collision Foctor
Auto ROW
# locotion Type
Olher Pedestrion
Viololion
I
2 3
4 5
6 7
8 I
l0
ll
12 r3
14 l5
l6
N ST & SAIPAN AVE
N ST & NINTH ST
THIRTEENTHST&NST
TWELFTHST&NST
N ST & CLYDE FANNON RD
N ST & ELEVENTH ST
TWELFTHST&MST
CLINEST&RST
THIRTEENTHST&PST
SAN DIEGO AVE & BULLARD
AVE
N ST & FOURTEENTH ST
THIRTEENTHST&OST
O ST & SIXTEENTH ST
DOS PALOS RD & SIERRA AVE
FIFTEENTHST&RST
P ST & CLINE ST
Unsignolized
Unsignolized
Signol
Signol
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
Unsignolized
43.12 38.25
28.16 25.71
5.47 4.36
2] 4
2.43 2.42
2.34 2.34
2.22 2.14
1.62 1.22
1.22 7
2 7
l0
7 7
4 2
7 2
2 6
1 2
l
1 (
2 6
7 7
2 2
4 2
2 4
0 a
I
I
I
0 I
2 0
lt
I
0 3
U
U
2 0
0 0
tt
0 0
2 4
4 0
0 0
0 2
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
A 123
17 r8
l9
20 21
22 23
24 25
26 27
28 29
30 3l
32 33
34 35
36 37
38 39
40 41
42 43
4 45
46 Nofe:
CITY OF FIREBAUGH
CLYDE FANNON RD &
MENDOZA DR
ELEVENTHST&PST
N ST & EIGHTH ST
SAIPANAVE&OST
N ST & FIFTEENTH ST
YIPST&PST
CLYDE FANNON RD & P ST
N ST & MORRIS KYLE DR
ALDER WAY & OAK ST
HELM CANAL RD & BIRCH DR
HELM CANAL RD & POPLAR
SAIPAN AVE & CORREGIDOR
AVE
SAIPAN AVE & GREENACRE ST
SIXTEENTHST&GST
THIRTEENTHST&MST
FOURTEENTHST&OST
FOURTEENTHST&PST
TWELFTHST&PST
ELEVENTHST&OST
TENTHST&OST
NINTHST&OST
NINTHST&PST
EIGHTHST&PST
SEVENTHST&PST
NST&YIPST
CLINEST&QST
CLINEST&TST
ZOZAYA ST & ALLARDT DR
ALLARDT DR & MENDOZA DR
CLYDE FANNON RD &
BORBOA LN
Olher croshes include oll croshes
Unsignolized
- 1.22 I 0 0
Unsignolized0.603OO
Unsignolized0.603Ol
UnsignolizedO.4O2O0
Unsignolized0.402O0
Unsignolized0.402O0
UnsignolizedO.4O2O0
UnsignolizedO.4O2Ot
UnsignolizedO.20 IOO
UnsignolizedO.2OlOO
Unsignolized v.zO 100
Unsignolizedo.2oroo
Unsignolized O.2O 't O O
UnsignolizedO.2OiOt
UnsignolizedO.2OlOO
UnsignolizedO.2OlO0
UnsignolizedO.2OlOO
UnsignolizedO.2OtO0
UnsignolizedO.2OtOO
UnsignolizedO.2OlOO
UnsignolizedO.2Ol0O
Unsignolized O.2O 'l O O
UnsignolizedO.2OlOO
UnsignolizedO.2OlO0
Unsignolized0.20 IOO
UnsignolizedO.2OtOO
UnsignolizedO.2OlOO
UnsignolizedO.20tO0
UnsignolizedO.2OlOO
Unsignolized 'o.20 101
thot ore not coded os one of fhe top three primory collision fociors 0 2
2 a
2 2
2 2
0 0
0 0
0 0
0 0
,|
0 0
0 0
I
0 0
0 0
0 I
0 0
0 0
0 0
0 Crosh
Severity
Score
Tolol
Number of
Croshes
Olher
lmproper
Driving
Primory Collision Foctor
Iocolion
Aulo ROW
# Tvpe
Other Pedeshion
Viololion
A 124
CITY OF FIREBAUGH
Toble 26 ond Toble 27 provide informotion for ihe top ten roodwoy segments (bosed on crosh severity score), including roodwoy clossificotion, crosh severity score, ond totol number of croshes by collision type or primory collision foctor.
Tqble 26. Priority Roodwoys Segmenls wilh Collision Type bosed on Top 3 Folol/Severe lnjury Collision Types Crosh
Severily
Score
Tolol
Number of
Croshes
Collision Type
Vehicle/ Heod
Ped On
# locolion Clossilicoiion Hit Other
I Thirieenih St (west of Q St to city limits)
2 SR 33 {south of N St to Sieno Ave)*
3 SR 33 (south of N St io Sieno Ave)*
"
SR 33 {south of Cordel Ave to north of ' Clyde Fonnon Rd)* .
SR 33 (Monis Kyle Dr to north of city
- limits)*
, N Woshoe Ave (soulh of W Nees Ave o to norih of W Bullord Ave) - Rev Kontor St (Clyde Fonnon Rd to t
zozoyo St)
^ Conegidor Ave (Soipon Ave to o Cordello Si)
9 Mendozo Dr (Clyde Fonnon Rd io
. Menodzo Dr)
l0 Monis Kyle Dr (N St to Londucci Dr)
Arteriol/Collector
Arteriql/Collector
Arteriol/Collector
Arteriol/Collecior
Arteriol/Collector
Arteriol/Collector
Locol
Locol
Locol
Locol
33.r 3
33.r 3
32.93 2.54
2.34 2.34
1.62 0.40
0.20 0.20
2 2
3 2
2 0
0 0
0 n
0 0
0 0
0 0
U
0 0
0 0
0 U
0 0
0 U
0 U
0 2
2 2
3 2
3 * Roodwoysegmenf is on ol-grode Collronsfocilily.
Nofe: Other croshes include oll croshes lhot ore nol coded os one of ihe top three colision iypes Toble 27. Priority Roodwoys Segmenls wilh Primory Collision Fqclors bosed on Top 3 folol/Severe lnjury Primory Collision Fqclors
I Thirieenth St (west of Q St to city limits) Arteriol/ Collector 33.13 2 O 0 2 SR 33 (south of N St to Sieno Ave)* Arteriol/ Collector 33.1 3 2 0 0 3 SR 33 (south of N St to Sieno Ave)* Arteriol/ Collector 32.93 I 0 0 4 sj 33 (south of cordel Ave to north of Arterior/ coilector 2.s4 3 o o ' Clyde Fonnon Rd)* ' sR 33 (Monis Kvle Dr to north of ciiy Arterior/ coilector 2.34 2 o o " riritt)*
, N Woshoe Ave (south of W Nees Ave 6 to noJn J * UrfnrO Or.) --- Arteriol/ Collector 2.34 2 O 0 z lou KonJor St (Clyde Fonnon Rd to Locor 1.62 3 o 0
Lozoyo stl
- Conegidor Ave (Soipon Ave to 8 ailili,t ' Locol 0.40 2 o 0 ,
Mendozo Dr.(Clyde Fonnon Rd to Locol O.2O I O 0 Menoozo url l0 Monis Kyle Dr (N St to Londucci Dr) Locol O.2O I 0 0 * Roodwoysegmenl is on ot-grode Collronsfocilily.
Nofe: Ofher croshes include oll croshes thot ore nol coded os one of the top three primory colfi'sion fociors A
0 2
I
0 3
2 2
2 0
U
0 0
0 0
0 Crosh
Severity
Score
Totol
Number ol
Croshes
Ped
Violo
tion
Primory Collision Foctor
Clossificotion Olher # Iocotion Olher
Auto ROW lmproper
125
CITY OF FIREBAUGH
Educotion Strotegies
Emphosis oreos for Firebough include pedestrion croshes ond driver behoviors, which con serve os focus oreos for educotion strotegies. Holf the six reported fotol croshes involved pedestrions ond the primory collision foctors of outomobile right of woy ond other improper driving were cited in one of the two severe croshes ond seven of the 27 olher injury croshes. These primory collision foctors reference o CVC violotion where o driver turning foiled to yield right-of-woy to oncoming troffic or drove from o stroight course without reosonoble sofely or signoling property.
The Sofe Roods Sove Lives compoign is o morketing effort led by the Fresno COG, with the gools of:
lhi
Educote ollrood users on sofe lronsportotion behoviors
lncreose sofety for people wolking ond biking
Highlight behoviors thol couse the most croshes in
Fresno Couniy-speeding ond distrocted driving
I
?
I
SAFE RIIADS
SAVE LIVES
The compoign lncludes bronding, sociol medio strotegies, print moteriols, rodio ond video resources, school resources, ond o compoign website. Firebough moy find these moteriols helpful, especiolly those reloted to pedestrion sofely including speeding ond wotching out for pedestrions.
The following octivities ore recommended for Firebough os they move forword on implementing the Sofe Roods Sove Lives compoign:
ldentify stoff oppropriote to ottend o presentotion by Fresno COG stoff obout the Sofe Roods Sove Lives compoign. Appropriote stoff members include stoff ossocioted with tronsportotion engineering ond plonning, communicotions, troffic enforcement, schooltronsportotion, ond other jurisdictionol stoff who work with the roodwoy system.
Work with schools to distribute print moteriols ond offer school-reloted tronsportotion resources.
Ensure thot schoolcommunicotions ore in both English ond Sponish.
Work with public informotion or communicotions stoff to spreod Sofe Roods Sove Lives moteriols throughout Firebough lhrough the following chonnels:
o Repost ond link to Fresno COG posts thot refer to the Sofe Roods Sove Lives compoign. o Hove print moteriols (flyers, bumper stickers, pins, ond postcords) ovoiloble of events ond community festivols.
o Work with lhe Fresno COG to identify o rodio stotion to oir o Sofe Roods Sove Lives rodio public service onnouncement (PSA).
o Hove o direct link to Sofe Roods Sove Lives compoign website on lhe City's website.
I
A 126
CITY OF FIREBAUGH
Emergency Services
Emergency service orgonizotions depend on sofe roodwoys ond efficient communicotion processes to reoch ond effectively respond to emergencies. Eoch type of emergency services orgonizotion thot serves Firebough - low enforcement, fire, emergency medicol services (EMS), Colifornio Highwoy Potrol - work independently ond colloborotively io develop procedures thot ollow them to respond to incidents in their own jurisdictions os well os support others os needed. The following recommendotions moy help improve emergency services response os the vorious orgonizotions updote procedures ond policies ond continue to portner on roodwoy sofety efforts:
All roodwoy sofety projects should be velted by emergency service orgonizotions to ensure thot their design does not homper occess.
As new emergency service ond response procedures ore developed, roodwoy sofety improvement opportunities should be identified ond implicotions of chonges to response limes should be considered.
Firebough stoff should porticipote in periodic coordinotion colls between emergency response ogencies to gother ond shore recent observotions obout croshes ond hot spots, to understond emergent sofety issues thot moy not hove led to policy reports or yet be ovoiloble through stotewide crosh reporiing systems.
{=]nf,],.j"':::::"s con incrude prosroms or compoisns specirico,y rocused on -
chonging rood user behovior through more visible ond octive enforcement of existing troffic lows, os well os focusing enforcement in oreos thot hove hisioricolly been shown io hove higherthon-overoge crosh rotes. Typicolly, the effectiveness of enforcement strotegies is temporol, meoning they ore effective of chonging behovior for o discrete period of time - during ond shortly ofter the increosed enforcement octivities.
The following enforcement strotegies should be considered for Firebough:
Add odditionol crossing guords of high-concern locolions. Troin community members if needed.
Focus speed enforcement efforts of locotions with high speed-reloted crosh rotes.
Work with schools to conduct "olternotive enforcemeni," such os hoving students write "tickets" thot they hond to community members to highlighl positive ond negotive behoviors on the roodwoys.
The effectiveness of eoch strotegy should be meosured ond evoluoted, considering the number of stoff hours ond omount of resources needed. The results should be reviewed ond used to refine future enforcement octivities.
I
A 127
CITY OF FIREBAUGH
Enforcement strotegies should be undertoken with due coution to ovoid inequiioble enforcement octivities ond evoluoled to determine the strotegy's impoct. More detoils obout equitoble enforcement con be found on poge 8 (lntroduction).
EVALUATION AND IMPLEMENTATION
A key port of ochieving the City's vision is consistently evoluoting roodwoy sofety performonce ond trocking progress towords the City's gools. The City will develop o process to regulorly collect doto ond informotion oround the performonce meosures thot con be used to ossess chonges city-wide ond of the top priorily locotions.
As feosible, it is recommended thot the City of Firebough updote this LRSP every three to five yeors using updoted crosh doto ond the performonce meosures. Comporing the performonce meosures reloled to investments mode with the crosh doto should provide o cleor indicolion of the impoct of lhe City's ond sofely portner's efforts. Future LRSPs moy provide new emphosis oreos ond top priority locolions thot reflect progress mode ond new priorities bosed on trends in the doto.
Activities for implementing the plon include:
ldentifying countermeosures ond strotegies for priority locotions bosed on the crosh doto.
Utilizing the Fresno COG Regionol Sofety Plon to implement regionol strotegies ond shore best proctices.
Exploring funding opportunities to implement priority strotegies. ldentifying key octiviiies to support the regionolSofe Roods Sove Lives compoign. ldentifying enforcement sirotegies to implement ond evoluote.
Regulorly coordinoting with sofety portner ogencies to ossess progress, identify opportunities to implement countermeosures ond strotegies, ond identify opportunities for ciiizen involvemeni.
Regulorly collecting ond orgonizing doto to support evoluotion of the LRSP.
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A 128