Financing: General Fund
Time Frame: These provisions shall take effect upon adoption of the Housing Element.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Policy 1.1, Policy 1.2
Program 7: Encourage Mixed-Use Projects and Residential Uses in Commercial Zones The City shall incentivize development of residential units in mixed-use projects and residential units in commercial zones by providing incentives, including, but not limited to:
Priority project processing
Deferral of development impact or permit fees, where possible Flexibility in development standards, such as parking, setbacks, and landscaping requirements Density and intensity bonuses
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-15 Support for infrastructure upgrades
Assist developers with securing additional financing.
Financing: General Fund
Time Frame:
Annually reach out to developers to inform them of the available incentives and obtain feedback by January 2024 on the provided incentives, review annually and amend as needed.
Implementation Responsibility: City of Firebaugh
Quantitative Objectives:
10 extremely low-income units, 20 very low-income units, and 30 lowincome units to improve access to high-resource areas for lower-income households and reduce displacement risk resulting from overpayment through increased housing mobility opportunities.
Relevant Policies: Policy 1.6
Affordable Housing Development and Preservation
Program 8: HOME Funding
Firebaugh will encourage and work with qualified housing entities to submit an application for funds under the HOME Program on behalf of the City. The City could in turn assist first-time homebuyers by deferring or reducing development impact fees. This program provides financial assistance to low- to moderate- income families for the purchase of newly constructed homes or existing homes. Other groups that could be assisted with rental housing include Extremely Low Income and disabled residents. The City Planner and City Manager will work with a qualified housing entity to identify appropriate building sites.
Financing: HOME Funds
Time Frame: Ongoing. Annually apply for funding as Notices of Funding Availability (NOFAs) are released.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
Provide financial assistance to 10 lower-income homebuyers over the next 8 years.
Relevant Policies: Policy 2.5
APPENDIX 1C: CITY OF FIREBAUGH
1C-16 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program 9: Community Development Block Grant Funding
Firebaugh will seek to annually apply for CDBG funds for rehabilitation of housing in Firebaugh. The City will aim to process eight housing rehabilitations per year under this funding.
Financing: HOME Funds
Time Frame: Ongoing. Annually apply for funding as NOFAs are released.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
Provide financial assistance to 8 lower-income households needing home rehabilitation each year over the next 8 years (64 total).
Relevant Policies: Policy 2.5
Program 10: Affordable Housing Incentives
The City continues to have needs for affordable housing for lower-income households, especially for seniors, persons with disabilities (including persons with developmental disabilities), farmworkers, female-headed and single-parent households, persons experiencing homelessness, and extremely low-income households. The City will continue to work with housing developers to expand affordable housing opportunities by doing the following:
Continue to seek partnerships and meet at least every other year with other agencies (such as the Housing Authority), housing developers, community stakeholders, and employers to discuss and pursue viable opportunities for providing affordable housing, with an emphasis on housing opportunities for very low- and extremely low-income households, as well as special-needs populations, such as seniors, persons with disabilities (including developmental disabilities), farmworkers, female-headed and single-parent households, persons experiencing homelessness, and extremely low-income households. Meet more frequently if development rates increase.
Work with public or private sponsors to identify candidate sites for new construction of housing for special needs and take all actions necessary to expedite processing of such projects. Identify candidate sites for affordable housing projects on an annual basis and proactively conduct outreach to local developers regarding these sites.
Pursue partnerships with the Central Valley Regional Center to identify funding opportunities and promote housing for persons with disabilities.
Monitor and continue to offer fee reductions and deferral of development impact fee payments to facilitate affordable housing development and special-needs projects, particularly those on infill sites. Continue to promote the State density bonus and provide streamlined processing to facilitate affordable housing development and provide for additional flexibility for affordable housing and special-needs housing through the minor deviation process. The City will promote this program by publicizing the incentives on the City’s website and by conducting pre-application consultation with developers regarding available incentives.
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-17 Examples of flexible development standards include reduced parking requirements; reduced requirements for curb, gutter, and sidewalk construction; common trenching for utilities; and reduced water and wastewater connection fees.
Provide incentives to builders to provide housing with multiple bedrooms affordable to lower- and moderateincome households, aiming for construction of at least 20 units that meet these sizes, to meet the needs of female-headed, single-parent, and large-family households of all income levels (possible incentives will include reduced setbacks, reduced parking requirements, and technical assistance with applications for funding).
Continue to streamline the environmental review process for housing developments to the extent possible, using available State categorical exemptions and federal categorical exclusions, when applicable. Monitor HCD’s website annually for NOFA and, where appropriate, prepare or support applications for funding for affordable housing for lower-income households (including extremely low-income households), such as seniors, disabled (including persons with developmental disabilities), the homeless, and those at risk of homelessness. Conduct additional developer coordination and/or funding applications, as applicable, when sites adjacent to current homeless encampments develop. Facilitate the approval process for land divisions, lot line adjustments, and/or specific plans or master plans resulting in parcel sizes that enable affordable housing development and process fee deferrals related to the subdivision for projects affordable to lower-income households. Encourage rental assistance for extra low-, very low-, and low- income households through programs provided by the Fresno County Housing Authority.
Financing: HOME, CDBG, Low-Income Housing Tax Credit (LIHTC), Multifamily Housing Revenue Bond, and other funding sources, as available.
Time Frame:
Ongoing, as projects are processed by the City. Annually apply for funding and engage with Central Valley Regional Center at least every two years. Conduct annual outreach to developers on candidate sites for affordable housing.
Annually monitor impact fees and reduce if necessary. Offer reduced or deferred fees on a case-by-case basis as projects are proposed.
Implementation
Responsibility: City of Firebaugh, Fresno County Housing Authority Quantified Objective:
Expand the City’s affordable housing inventory by 148 units over the next 8 years, 51 extremely low-income, 51 very low-income, and 46 low-income units, at least 15 of which include accessibility modifications to facilitate housing mobility for lower-income households and special-needs groups. Prioritize opportunities in higher-income areas to encourage housing mobility for lowerincome households, including the southeast area of the city.
APPENDIX 1C: CITY OF FIREBAUGH
1C-18 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Relevant Policies: Policy 1.2, Policy 2.1, Policy 2.2, Policy 2.3, Policy 2.4, Policy 2.5, Policy 2.7, Policy 4.3, Policy 4.4, Policy 5.2
Program 11: Planned Development Zone
The City of Firebaugh will continue to encourage private developers who are proposing residential development to seek a P-D (Planned Development) zone district. These districts allow for greater flexibility in residential design and better use of land. These opportunities allow the developer to potentially provide a more affordable housing product. The City will prepare an informational brochure that explains the standards and procedures for this zone.
Financing: General Funds
Time Frame: Ongoing.
Implementation
Responsibility: City of Firebaugh
Quantified Objective Expand the City’s affordable housing inventory by 30 units over the next 8 years; 5 extremely low-income, 10 very low-income, and 15 low-income units.
Relevant Policies: Policy 2.1
Program 12: Support Funding for Farmworker Housing
The farming industry is the foundation of the County’s economic base. According to the United States Department of Agriculture (USDA) 2017 Census of Agriculture, about 37,819 workers were employed in farm labor throughout the county, indicating a significant need to provide housing for farmworkers and their families, particularly during peak harvest seasons.
The City will provide technical support and offer incentives to housing developers, such as the Fresno Housing Authority and Self-Help Enterprises, in the application of funds for farmworker housing, including HCD and USDA Rural Development loans and grants and other funding sources that may become available. The City will also continue to offer incentives such as density bonuses, streamlined processing, and the minor deviation process to facilitate development of farmworker housing.
The City will also identify potential funding opportunities to provide housing vouchers or other forms of rental assistance with an emphasis on addressing housing needs during the off-season for seasonal workers.
The City will also provide information on its website related to the Low-Income Weatherization Program (LIWP) of the California Department of Community Services and Development, and specifically its Farmworker Housing Energy Efficiency & Solar PV program. This program provides eligible low-income farmworker households with solar photovoltaic (PV) systems and energy efficiency upgrades at no cost to residents.
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-19 The City will annually monitor the status of farmworker housing as part of its annual report to HCD on Housing Element progress and evaluate if City incentives are effective in facilitating the provision of farmworker housing.
The City will make necessary changes to enhance opportunities and incentives for farmworker housing development as needed.
Through proactive code enforcement the City will connect property owners of farmworker housing with regional rehabilitation resources (see Program 27), such as the Fresno County Rental Rehabilitation Program, and will apply for other grant funding such as, the Department of Labor for temporary and permanent farmworker housing, and for rehabilitation of farmworker housing.
Financing: General Fund
Time Frame:
Meet with farmworker housing developers and advocates on a biannual basis to discuss their needs and offer assistance in the form of letters of recommendation for grant applications, assistance with site identification and grant opportunities, and discuss incentives for constructing farmworker housing. Annually review the availability of funding opportunities to provide housing vouchers or other forms of rental assistance and housing rehabilitation and apply as opportunities arise. Put LIWP information on the City website by June 2024. At least twice during the planning period, identify opportunities for farmworker housing development and conduct outreach to developers about these opportunities.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
10 lower-income units set aside for farmworkers and their families to reduce displacement risk for this population. Connect at least four farmworker property owners to rehabilitation resources.
Relevant Policies: Policy 1.2, Policy 2.1, Policy 2.2, Policy 2.4, Policy 2.5, Policy 4.2, Policy
4.3 Program 13: Extremely Low-Income Households
AB 2634 requires the quantification and analysis of existing and projected housing needs of extremely low-income households. To further support the development or units affordable to extremely low-income households, such as supportive and multifamily units, the City will continue to seek and pursue State and federal funds to offer a variety of incentives or concessions, such as:
Identify a development partner such as Habitat for Humanity and/or Self Help to develop housing projects for lower-income families. The City may consider deferring or reducing processing or impact fees for qualified affordable housing projects.
APPENDIX 1C: CITY OF FIREBAUGH
1C-20 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Provide financial support annually, as available, to organizations that provide counseling, information, education, support, housing services/referrals, and/or legal advice to extremely low-income households, to mitigate risk of displacement and support housing stability for extremely low-income households, persons with disabilities, farmworkers, and persons experiencing homelessness. Expand regulatory incentives for the development of units affordable to extremely low-income households and housing for special-needs groups, including persons with disabilities (including developmental disabilities), and individuals and families in need of emergency/transitional housing.
Financing: General Fund, CDBG, HOME
Time Frame:
Ongoing; as projects are processed by the Planning Division. By December 2024, conduct outreach to potential development partners to understand funding needs, and review and prioritize local funding at least twice in the planning period, and support expediting applications on an ongoing basis.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
148 lower-income units, including 51 units for extremely low-income households to prevent displacement and provide housing mobility opportunities. Prioritize opportunities in higher-income areas to encourage housing mobility for lower-income households, including the southeast area of the city.
Relevant Policies: Policy 1.2, Policy 2.1, Policy 4.2, Policy 4.6 Program 14: Preservation of At-Risk Housing Units
Preserving the existing affordable housing stock is a cost-effective approach to providing affordable housing in Firebaugh. The City must guard against the loss of housing units available to lower-income households. As of September 2022, there are no affordable units that are considered at risk of conversion to market rate in the next 10 years. For complexes at risk of converting to market rate, the City shall:
Contact property owners of units at risk of converting to market-rate housing within one year of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing. Coordinate with owners of expiring subsidies to ensure the required notices to tenants are sent out at 3 years, 12 months, and 6 months.
Reach out to agencies interested in purchasing and/or managing at-risk units. Work with tenants to provide education regarding tenant rights and conversion procedures pursuant to California law.
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-21 Financing: General Fund, LIHTC, Multifamily Housing Revenue Bond, and other funding sources as available.
Time Frame: Annually monitor units at risk of converting; coordinate noticing as required per California law.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Policy 3.6
Program 15: Promote and Facilitate Accessory Units
An accessory dwelling unit (ADU), sometimes called a “granny flat,” is an additional self-contained living unit either attached to or detached from the primary residential unit on a single lot. It has cooking, eating, sleeping, and full sanitation facilities. ADUs can be an important source of affordable housing given that they typically are smaller and have no associated land costs. The City will encourage the construction of ADUs, particularly in predominantly single-family neighborhoods with higher median incomes to reduce concentrations of lower-income households through the following actions, which are aimed at providing an increased supply of affordable units throughout the city, thereby increasing access to resources and facilitating housing mobility opportunities for lower-income households:
Continue to implement the public education program advertising the opportunity for ADUs by updating informational handouts and brochures about ADUs that are available on the City’s website and at the public counter annually, or as needed to reflect changes in State law. Continue to provide preapproved ADU plans (three different floor plans available) free of charge. Provide informational materials on ADU opportunities to all discretionary land use applicants. At least annually, publish informational materials pertaining to ADUs through a combination of media, including the City’s social media accounts and direct mailing. By December 2024, identify incentives for construction of ADUs with new development, which may include differing collection times for impact fees for the square footage associated with the ADU.
Financing: General Fund
Time Frame: Update ADU materials annually, or as needed to reflect changes in State law, and identify incentives for construction by December 2024.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
24 ADUs, including 12 for lower-income households, 6 for moderateincome households, and 6 for above moderate-income households to improve housing mobility opportunities and reduce displacement risk.
Prioritize outreach to higher-income areas to encourage housing mobility for lower-income households, including the southeast area of the city.
APPENDIX 1C: CITY OF FIREBAUGH
1C-22 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Relevant Policies: Policy 1.3, Policy 2.1, Policy 2.6
Program 16: Replacement Units
To reduce displacement risk and in accordance with California Government Code Section 65583.2(g), the City will require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years.
This requirement applies to:
Non-vacant sites;
Vacant sites with previous residential uses that have been vacated or demolished.
Financing: General Fund
Time Frame: Ongoing, the replacement requirement will be implemented immediately and applied as applications on identified sites are received and processed.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Policy 3.3, Policy 3.6
Program 17: Housing for a Variety of Needs
The City will encourage a variety of housing types to address the housing needs of a variety of household types, sizes, and incomes. This could include duplexes, townhomes, apartment buildings, and condominiums in neighborhoods and new subdivisions and will identify innovative and alternative housing options that provide greater flexibility and affordability in the housing stock while promoting mixed-income development. This may include consideration for further reduction in regulatory barriers for community land trusts, tiny houses, microhomes, cottage homes, small-lot subdivisions, and other alternative housing types, as well as exploration of a variety of densities and housing types in all zoning districts.
The City will use the findings of this program to target development of a variety of housing types in areas of predominantly single-family development and of concentrated overpayment to reduce displacement risk, promote inclusion, and support integration of housing types based on income.
Financing: General Fund
Time Frame: Identify innovative and alternative housing options to help further housing production by December 2025; amend the Zoning Ordinance as needed.
Implementation Responsibility: City of Firebaugh
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-23 Quantified Objective:
10 lower-income units, 10 moderate-income units, and 5 above moderateincome units to reduce displacement risk for all residents and facilities in income-integrated neighborhoods. Opportunities for lower-income unit development will be prioritized in areas of moderate- and high-income opportunity, including along State Route 33 and the southeast area of city, to promote housing mobility for lower-income households.
Relevant Policies: Policy 1.2, Policy 2.1, Policy 4.4
Program 18: Environmental Hazard Mitigation
The City will investigate the availability of additional funds and programs to mitigate risks related to flooding, dam inundation, and landslides, such as funds to elevate houses above 100-year flood level, particularly for low-income households. The City will apply for funds as funding opportunities become available, at least once during the planning period.
Additionally, the City will partner with the Valley Air District to conduct outreach related to Air District grant programs for residents and multifamily housing buildings at least twice during the planning period, and as new programs are launched. Outreach will be conducted citywide.
Financing: Community Development Block Grants, CDBG Program, Technical Assistance Grants, OES Flood Mitigation Funds.
Time Frame:
Ongoing. As funds become available, the City will prioritize program outreach to areas on the city’s east and north sides, where flood risk is greatest along N Street, and west of Clyde Fannon Road. Conduct Air District program outreach at least twice during the planning period, and as new programs are launched.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Policy 1.1, Policy 3.1
Quantified Objective:
Provide at least 10 lower-income households and 5 moderate-income households with grants to implement environmental hazard mitigation repairs or upgrades.
Program 19: Local Labor Program
The City will establish and post a list of local labor unions and apprenticeship programs on the City’s website and encourage developers and contractors to hire local labor.
Financing: General Fund
APPENDIX 1C: CITY OF FIREBAUGH
1C-24 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Time Frame: Establish a list by June 2024, biannually update the list or upon requests from the local unions.
Implementation Responsibility: City of Firebaugh
Quantified Objective: Encourage and provide the opportunity for at least three residential projects to hire local union workers.
Relevant Policy: Policy 1.10
Removal of Governmental Constraints
Program 20: Marketing the City
To improve its economy, the City should consider hiring a marketing firm to promote Firebaugh and improve its economic diversification, to create new and better-paying jobs and housing opportunities.
Financing: General Funds
Time Frame: Ongoing.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Land Use Element, Issue 12, Goal I (2) Program 21: Zoning Code Amendments
The City will amend the Municipal Code to address the following development standards and barriers to specialneeds housing opportunities:
Density Bonus: Adopt a Density Bonus provision in 2023 to comply with California’s density bonus law (California Government Code Section 65915, as revised) and promote the use of density bonuses for lowerincome units by providing information through a brochure in City buildings and on the City’s website. Accessory Dwelling Units: Amend the Zoning Code to be consistent with the latest State legislation related to ADUs, ensuring that ADUs are permitted in all residential or mixed-use zones, in accordance with California Government Code Section 65852.2.
Emergency Shelters: Develop managerial standards for emergency shelters and allow sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, in compliance with Government Code Section 65583(a)(4)(A)(ii)). (AB 139), and that the standards do not require more parking for emergency shelters than is sufficient to accommodate staff working in the shelter and amend definition of emergency shelters in compliance with AB 2339 to include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-25 Low-Barrier Navigation Centers: Permit low-barrier navigation centers, defined as low-barrier, temporary service-enriched shelters to help homeless individuals and families to quickly obtain permanent housing byright in zones where mixed uses are allowed or in nonresidential zones that permit multifamily housing (Government Code Section 65662; AB 101).
Residential Care Facilities: Allow residential care facilities for six or fewer persons in accordance with Health and Safety Code Section 1568.0831, and allow residential care facilities, for seven or more persons only subject to those restrictions that apply to residential uses in the same zone, in accordance with the City’s definition of family.
Employee Housing: Clarify the definition of employee housing in the zoning code to permit employee/farmworker housing that serves six or fewer persons as a single-family structure and permit it in the same manner as other single-family structures of the same type within the same zone across all zones that allow single-family residential uses. (Health and Safety Code Sections 17021.5 and 17021.8). Transitional and Supportive Housing: Permit transitional housing and supportive housing as residential uses only subject to those restrictions that apply to other residential dwellings of the same type in the same zone, including removing limits on the number of residents served (Government Code Section 65583(a)(5)).
Additionally, allow supportive housing in multifamily and mixed-use zones (Government Code Section 65651). Definition of Family: Revise the definition of family to state “one or more persons living together in a dwelling unit.”
Height Limits: Increase height limits in the R-3 zoning district to allow for three stories.
Financing: General Fund
Time Frame:
Complete remaining Zoning Ordinance amendments by December 2024.
Annually review the effectiveness and appropriateness of the Zoning Ordinance and process any necessary amendments to remove or mitigate potential constraints to the development of housing.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Policy 1.1, Policy 2.7, Policy 5.2
Program 22: Reasonable Accommodations and Universal Design The City currently provides information to individuals with disabilities regarding reasonable accommodation policies, practices, and procedures based on the guidelines from HCD. This information is currently available through postings and pamphlets at the public counter and on the City’s website.
The City will also implement State requirements (Sections 4450 to 4460 of the California Government Code and Title 24 of the California Code of Regulations) to include accessibility in housing and public facilities for persons with disabilities:
APPENDIX 1C: CITY OF FIREBAUGH
1C-26 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Encourage housing developers to include mobility-impaired accessibility in their project designs and prioritize these types of projects to increase housing mobility opportunities for seniors and persons with disabilities. Review regulations and procedures for City-funded or operated housing programs to ensure that they do not exclude participation by persons with disabilities.
Include accessibility considerations in the preparation of the City’s capital improvement plan and the allocation of funding for capital improvements in support of housing and residential neighborhoods for persons with physical or developmental disabilities.
Financing: General Fund, SB 2 Grant Funding, LEAP Grant Funding Time Frame:
Continue to make promotional materials for the Reasonable Accommodations process available at City Hall and on the City’s website and update to include information about universal design. Continue to update biannually, or as needed.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
Assist five residents with reasonable accommodation requests to reduce displacement risk and encourage three accessible units to improve housing mobility.
Relevant Policies: Policy 4.1, Policy 4.5
Program 23: Lot Consolidation
To create additional opportunities for infill development and affordable housing, the City will help to facilitate lot consolidations to combine small lots identified as part of a larger site in the Housing Element into larger developable lots for housing. The City will meet with local developers and property owners to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and consider additional incentives brought forth by developers. As developers and owners approach the City with interest in lot consolidation for the development of affordable housing, the City could defer certain fees, allow more height or additional stories, waive lot-merger fees for certain small contiguous lots, and provide concurrent/fast tracking of project application reviews to developers who provide affordable housing. By 2026, the City will review the effectiveness of this program and revise as appropriate. The City will also evaluate grant funding for parcel assemblage land banking when it is available.
Financing: General Fund (legislative efforts); grant funding (implementation) Timeframe:
Meet with developers and property owners starting in 2024 and annually thereafter. Based on the meetings with developers and property owners, add incentives as appropriate within six months, and again each year after every annual meeting occurs. On an ongoing basis, support consolidation as applicable housing applications are received, pursue grant funding during SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-27 planning period if California legislation and/or programs enable a taxincrement or similar program that leads to funding for site assembly.
Implementation Responsibility: City of Firebaugh
Relevant Policies: Policy 1.1, Policy 1.2, Policy 1.4, Policy 1.5, Policy 2.4 Quantified Objective:
Support at least four lot consolidations during the planning period to improve housing mobility, reduce displacement risk, and increase the supply of affordable housing in higher-opportunity areas. Approve more applications to merge parcels that result in feasible sites for multifamily housing during the planning period.
Program 24: Monitoring of Planning and Development Fees The City charges various fees to review and process development applications. Such fees may add to the cost of housing development. The City will analyze housing-related development fees, particularly for multifamily housing, on an annual basis to ensure they do not unduly constrain development. As part of the analysis process, meet with multifamily developers at least once by December 2024 to request input regarding constraints associated with fees. Based on feedback received, reduce fees if found to be a constraint. Further, the City will offer deferred or reduced fees to facilitate affordable housing development, as appropriate.
Financing: General Fund
Time Frame: Meet with multifamily developers by December 2024 and revise fees, if necessary, by December 2025. Review fees annually.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
Facilitate construction of 100 multifamily units during the planning period, targeting missing-middle development in higher-resource areas and encouraging at least 50 of the units to be affordable to lower-income households. Prioritize opportunities in higher-income areas, including the southeast area of the city.
Relevant Policies: Policy 1.2, Policy 1.4
Program 25: Preliminary Applications (SB 330) and Streamlined Approval (SB 35) The City will develop a preliminary application form and procedure or will adopt the preliminary application form developed by HCD, pursuant to SB 330. The City will also establish a written policy and/or procedure, and other guidance as appropriate, to specify the SB 35 streamlining approval process and standards for eligible projects under Government Code Section 65913.4. The applications will be available on the City’s website for developers interested in pursuing the streamlined process or vesting rights.
Financing: General Fund
APPENDIX 1C: CITY OF FIREBAUGH
1C-28 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Time Frame:
Develop or adopt HCD’s SB 330 preliminary application form by December 2024. Develop an SB 35 streamlined approval process by June 2025 and implement as applications are received.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
Facilitate construction of 5 very low-income units and 5 low-income units to increase housing mobility opportunities, prioritizing new opportunities in higher-resource areas. Prioritize opportunities in higher-income areas, including the southeast area of the city.
Relevant Policies: Policy 1.4, Policy 2.3, Policy 2.4
Program 26: Objective Design Standards
The City will develop objective design guidelines and standards to provide clear and objective standards related to single-family, multifamily, and mixed-use residential developments.
Financing: General Fund
Time Frame: Adopt objective design standards by December 2025 and implement thereafter.
Implementation Responsibility: Community Development Department Quantified Objective:
25 units over the planning period; 15 of these units in higher-opportunity areas to promote access to resources and mobility for target households.
Prioritize opportunities in higher-income areas, including the southeast area of the city.
Relevant Policies: Policy 1.8, Policy 2.7
Housing Quality
Program 27: Code Enforcement
The Planning Department will continue to use code enforcement and abatement processes to bring substandard housing units and residential properties into compliance with City codes. The City will continue to apply for CDBG funding to facilitate rehabilitation projects. Targeted efforts to improve housing conditions in areas of need will facilitate place-based revitalization and assist in reducing displacement risk for residents by improving living conditions and enabling them to remain in their home and community. Additional targeting of information will be made to owners of housing that serves farmworkers to improve housing conditions for this segment of the community.
Financing: General Fund, CDBG
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-29 Time Frame:
Make informational materials on rehabilitation assistance programs available within 6 months of receiving CDBG funding, to be provided on an ongoing basis when violations are confirmed, conduct code enforcement as complaints are received.
Implementation Responsibility: City Police Department
Quantified Objective:
Reduce displacement risk and encourage place-based revitalization by facilitating rehabilitation of 5 units by providing informational materials to owners in violation of City codes on available assistance programs and annually promote available assistance programs in areas of concentrated lower-income households. Facilitate rehabilitation of an additional 3 farmworker units.
Relevant Policies: Policy 3.1, Policy 3.3
Housing Assistance
Program 28: Energy Conservation
The City will continue to promote energy conservation in housing development and rehabilitation:
Establish reduced fees for solar projects and expedited review and approval for Firebaugh residents by December 2024.
Continue to promote and support Pacific Gas and Electric Company programs that provide energy-efficiency rebates for qualifying energy-efficient upgrades by providing a link on the City website and making brochures available at City counters.
Encourage developers to be innovate in designing energy-efficient homes and improving the energy efficiency for new construction.
Financing: General Fund
Time Frame: Make information easily available on the City’s website and at public facilities by June 2025.
Implementation Responsibility: City of Firebaugh
Quantified Objective: Assist 5 low-income residents annually in need of assistance with energyefficiency improvements to reduce displacement risk due to housing costs.
Relevant Policies: Policy 6.1, Policy 6.2, Policy 6.3
APPENDIX 1C: CITY OF FIREBAUGH
1C-30 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program 29: Weatherization
Reinstate implementing weatherization programs for senior and low-income households. The rehabilitation of housing units using CDBG funds will include energy conservation improvements, including energy-efficient windows, wall insulation, weather stripping, etc.
Financing: General Fund
Time Frame: Make information easily available on the City’s website and at public facilities by June 2025.
Implementation Responsibility: City of Firebaugh
Quantified Objective:
Assist five senior or low-income residents annually in need of assistance with energy-efficiency improvements to reduce displacement risk due to housing costs.
Relevant Policies: Policy 2.5, Policy 3.2, Policy 4.1
Program 30: Housing Choice Vouchers
The Housing Choice Voucher (HCV) Program extends rental subsidies to extremely low- and very low-income households, including families, seniors, and the disabled. The program offers a voucher that pays the difference between the current fair-market rent (FMR) as established by the United States Department of Housing and Urban Development (HUD) and what a tenant can afford to pay (i.e., 30 percent of household income). The Fresno Housing Authority administers the HCV program in Fresno County. Provide a link to the Fresno Housing Authority’s HCV program webpage on the City’s website by February 2024.
Meet with the Fresno Housing Authority by June 2024 to discuss the process of developing printed informational materials, with the goal of making materials available at public counters by June 2025. Work with the Housing Authority to disseminate information to landlords and property owners on incentives for participating in the HCV program throughout the city to promote housing opportunities for all residents. Refer interested households to the Fresno Housing Authority and encourage landlords to register their properties with the Housing Authority for accepting HCVs.
Financing: HUD Section 8
Time Frame:
Provide information on the City’s website by February 2024. Meet with the Housing Authority by June 2024 and develop informational materials by June 2025. Target outreach to property owners and landlords at least annually.
Implementation Responsibility: Fresno Housing Authority SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-31 Quantified Objective:
30 lower-income units in high income areas to promote access to resources and mobility for target households. Prioritize opportunities in the southeast area of the city.
Relevant Policies: Policy 2.2
Program 31: Housing Discrimination Monitoring and Referral The Fresno Housing Authority publicizes all information related to housing opportunities, programs, fair-housing information and assistance in English, Spanish, Hmong, French, German, Chinese, Arabic, Dutch, Italian, Korean, Portuguese, and Russian. However, while all public notices and information on the Housing Authority website are translated to all of the previously mentioned languages, general circulation of information and secondary links, such as applications, are available only in English. The City will coordinate with the Housing Authority, FCOG, and other Fresno County jurisdictions to develop Spanish-language printed materials to improve accessibility to fair housing resources for residents. If additional languages become more prevalent in the county, materials will be translated into those languages as needed.
The City will also:
Establish a procedure to refer residents with fair housing questions or issues to the Fair Housing Council of Central Valley (FHC-CC), California Rural Legal Aid (CLRA), and other fair-housing organizations. Provide fair housing information on the City’s website and in printed materials available in public buildings in both English and Spanish.
Coordinate with local fair housing service providers to conduct biannual trainings for landlords and tenants on fair housing laws, rights, and responsibilities and ongoing access to legal counseling.
Financing: General Fund, grant funding
Time Frame:
Either individually or as part of the Countywide Housing Element Technical Committee (Program 1), meet annually with FC-CC to discuss fair housing issues and opportunities for education. Assist the Housing Authority to translate fair housing materials and resources into Spanish by December 2024. Make fair housing information available on the City’s website and in public buildings by June 2025. Coordinate with fair housing providers to conduct biannual trainings for landlords and property owners.
Implementation Responsibility: Community Development Division, Fresno Housing Authority Quantified Objective:
Reduce displacement risk for 20 individuals or families resulting from language barriers and 10 from discrimination by landlords or property owners.
Relevant Policies: Policy 5.1
APPENDIX 1C: CITY OF FIREBAUGH
1C-32 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program 32: Improve Access to Resources
The City shall take the following actions to improve access to resources and opportunities citywide, but with a particular emphasis on neighborhoods with a concentration of lower-income residents who often face additional barriers in accessing resources:
Work with Fresno County Rural Transit Agency (FCRTA) and other jurisdictions in the county to develop a fact sheet, or similar informational materials, of FCRTA programs to be posted on the City’s website, social media, and in public buildings by January 2026, and advertised annually in the City’s newsletter to help connect seniors and other residents to services in the city and throughout the county, with the goal of providing at least 100 residents with information about available transit resources. Prioritize projects that facilitate place-based revitalization through the City’s Capital Improvement Plan, such as projects that improve public infrastructure in deteriorating or underserved areas. At least every other year, pursue funding for projects from the Capital Improvement Plan and other budget documents with the goal of funding at least one project during the planning period. These projects may include, but are not limited to:
o Replacements to waterlines and improvements to the wastewater treatment plant. o Implementation of the Firebaugh Multi-Benefit Flood Project The City will target implementation of at least one improvement per year, as funding allows, prioritizing projects in the low-resource areas in the central areas of the city. At least every other year, review and apply for available funding opportunities to improve active transportation, transit, safe routes to school, parks and other infrastructure and community revitalization strategies. Implement projects as funds are received. The City will target at least 3-4 improvements in the planning period. Review funding opportunities on an annual basis. As funding opportunities become available, pursue partnerships with community organizations, regional programs, or local businesses such as Green Raiteros or Mid Valley Disposal to support funding applications for investment in green vehicles and infrastructure, prioritizing opportunities that would serve special needs groups and residents of low-resource areas, such as the central area of the city. Provide technical assistance and/or letter or support for at least one funding application during the planning period.
Review funding opportunities from the San Joaquin Valley Air Pollution Control District (Valley Air District) on an annual basis.
o As funding is available, pursue funding from the Valley Air District to fund projects such as:
Bike paths near schools, including schools near the high school and West Hills College campuses, the center of the city, the library, and shopping areas. Plug-in electric vehicle chargers on in City-owned land.
SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-33 o Conduct outreach to owners of multi-family housing buildings at least twice during the planning period to support interested owners with funding applications for EV charging grants from the Valley Air District. Conduct one additional round of outreach during the planning period for multifamily buildings in low-resource areas, including the central areas of the city. By December 2024, post information about flood-related resources on the City’s website and provide public notices in utility bills or other direct methods to neighborhoods at risk of flooding with the goal of connecting at least 50 households with flood risk mitigation resources. Ensure program availability and funding announcements are made available in Spanish and translation is available at public meetings on an ongoing basis.
Facilitate place-based revitalization and promote healthy environments for new housing by evaluating transitional buffers between residential and agricultural uses and highways and working with developers as projects are proposed to mitigate impacts associated with emissions from agricultural industries and traffic and facilitate access to healthy outdoor spaces. Complete this evaluation by December 2026. Include at least one project to reduce exposure to pollutants for new lower-income housing on the City’s Capital Improvement Plan within the planning period.
Meet with school district representatives by June 2025 to analyze whether housing security poses a barrier to student achievement. Work with the school district to assist in securing grant funding for teacher recruitment and retention bonuses, classroom materials, and other incentives for teachers to facilitate positive learning environments citywide. As affordable projects are completed, require developers to coordinate with the school district to conduct marketing to district households (not including projects that are exclusive to senior residents) with the goal of connecting at least 15 district households with affordable housing opportunity. If housing availability or affordability is determined to be a barrier to teacher recruitment or retention, the City will work with the district and partner jurisdictions to identify a strategy for funding teacher housing grants or otherwise making housing available at prices affordable to district teachers and apply for or support relevant funding applications at least once during the planning period.
Recruit at least two community members who are residents of affordable housing, and/or from farmworker communities to serve on local decision-making bodies such as boards, committees, or task forces as opportunities become available to promote place-based revitalization.
Financing: General Fund
Time Frame:
Develop and post FCRTA materials by January 2026. Meet with school district representatives by June 2025. Apply for funding at least every other year, implement funds as received.
Implementation Responsibility: Community Development Department, Public Works APPENDIX 1C: CITY OF FIREBAUGH
1C-34 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Quantified Objective:
Improve access to resources, facilitate place-based revitalization, and reduce displacement risk resulting from a variety of factors for at least 20 residents. Other objectives as identified in individual bullet points.
Relevant Policies: Policy 3.1, Policy 3.5, Policy 5.1, Policy 5.2 SECTION 1C-1: ACTION PLAN
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-35 Quantified Objectives
Quantified objectives estimate the number of units likely to be constructed, rehabilitated, or conserved/preserved by income level during the planning period based on optimal implementation of each program. The quantified objectives do not set a ceiling on development; rather, they set a target goal for the jurisdiction to achieve based on needs, resources, and constraints. Each quantified objective is detailed by income level, as shown in Table 1C-1.
TABLE 1C-1 QUANTIFIED OBJECTIVE SUMMARY
Program Extremely Low Very Low Low Moderate Above
Moderate
RHNA 51 51 46 66 229
New Construction
Program 7 10 20 30
Program 10 51 51 46
Program 11 10 20 30
Program 12 10
Program 13 51 51 46
Program 15 12 6 6
Program 17 10 10 5
Program 22 5
Program 24 50 50
Program 25 5 5
Program 26 5 10 10
Rehabilitation
Program 9 64
Program 27 8
Program 29 5
Conservation
Program 8 10
Program 32 5 5 10
Source: City of Firebaugh, February 2023
1. In some cases, quantified objectives overlap and therefore identify multiple strategies to achieve the RHNA.
2. Moderate- and above moderate-income unit capacity is anticipated to be met by market development trends.
APPENDIX 1C: CITY OF FIREBAUGH
1C-36 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 This page intentionally left blank.
SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-37 SECTION 1C-2: SITES INVENTORY
California law (Government Code Section 65583 (a)(3)) requires that the Housing Element contain an inventory of land suitable for residential development, including vacant sites that can be developed within the planning period and nonvacant (i.e., underutilized) sites having potential for redevelopment. State law also requires an analysis of the relationship of zoning and public facilities and services to these sites.
Regional Housing Needs Allocation
The Regional Housing Needs Allocation (RHNA) is the State of California–required process that seeks to ensure cities and counties are planning for enough housing to accommodate all economic segments of the community. The process is split into the following three steps.
1. Regional Determination: The California Department of Housing and Community Development (HCD) provides each region with a Regional Determination of housing need, which includes a total number of units split into four income categories (very low, low, moderate, and above moderate). The City of Firebaugh is in the region covered by the Fresno Council of Governments (FCOG). HCD allocated FCOG a Regional Determination of 58,298 units for the 6th cycle Housing Element (2023-2031). This is the total number of units that the cities and counties in the FCOG region must collectively plan to accommodate.
2. RHNA Methodology: Councils of Governments (COGs), including FCOG, are responsible for developing a RHNA methodology for allocating the Regional Determination to each city and county. This methodology must further specific State objectives, including, but not limited to, promoting infill, equity, and environmental protection; ensuring jobs-housing balance; and affirmatively furthering fair housing.
3. Housing Element Updates: Each city and county must then adopt a housing element that demonstrates how the jurisdiction can accommodate its assigned RHNA through its zoning. HCD reviews each jurisdiction’s housing element for compliance with State law.
The City of Firebaugh’s share of the regional housing need was determined using a methodology prepared by FCOG as part of the Regional Housing Needs Plan, adopted in October 2022. In accordance with FCOG’s Regional Housing Needs Plan, the City must plan to accommodate a total of 443 housing units between July 30, 2023, and December 31, 2031. Table 1C-2 shows the City’s RHNA by income category. Of the 443 total units, the City must plan to accommodate 102 units for very low-income households, 46 units for low-income households, 66 units for moderate-income households, and 229 units for above moderate-income households.
APPENDIX 1C: CITY OF FIREBAUGH
1C-38 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-2 REGIONAL HOUSING NEEDS ALLOCATION, 2023-2031 Income Category Allocation Percentage
Very Low* 102 23%
Low 46 10%
Moderate 66 15%
Above Moderate 229 52%
Total 443 100%
Source: FCOG, 2022.
*It is assumed that 50 percent of the very low-income units are allocated to address extremely low-income need.
Availability of Land
State Housing Element law emphasizes the importance of adequate land for housing and requires that each Housing Element “…identify adequate sites … to facilitate and encourage the development of a variety of housing types for all income levels…” (California Government Code Section 65583(c)(1)). To allow for an adequate supply of new housing, land must be zoned at a variety of densities to ensure that development is feasible for a wide range of income levels. The identified land must also have access to appropriate services and infrastructure, such as water, wastewater, and roads.
To demonstrate the City’s capacity to potentially meet its RHNA, an adequate sites inventory was conducted. The inventory must identify adequate sites that will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of housing types for households of all income levels.
Sites Identified in Previous Housing Element
Pursuant to California Government Code Section 65583.2(c), a nonvacant site identified in the previous planning period and a vacant site identified in two or more previous consecutive planning periods cannot be used to accommodate the lower-income RHNA unless the site is subject to an action in the Housing Element that requires rezoning within three years of the beginning of the planning period that will allow residential use by right for housing developments with at least 20 percent of the units affordable to lower-income households. There are 25 parcels in the inventory that were identified in two previous cycles. Two of these (sites 1 and 7) will be used to meet the lower-income RHNA. A total of 2 vacant parcels in sites 1 and 7 were counted under the City’s list of multifamily sites in the 4th and 5th cycles, and were inventoried as having sufficient density to accommodate housing for lower-income households in the 6th cycle. Therefore, the City has included Program 6, which commits the City to allowing residential use by right on sites consistent with Government Code Section 65583.2(c) for housing developments in which at least 20 percent of the units are affordable to lower-income households. These sites are identified with an asterisk in Table 1C-4.
SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-39 Zoning to Meet the RHNA
The analysis of the relationship of suitable sites to zoning provides a means for determining the realistic number of dwelling units that could actually be constructed on those sites in the current planning period. The Firebaugh Housing Element sites inventory uses the following assumptions:
Relation of density to income categories. The following assumptions were used to determine the income categories according to the allowed densities for each site:
o Lower-Income (LI) Sites. Sites at least 0.5 acres in size that allow at least 20 units per acre were inventoried as feasible for lower-income (low- and very low-income) residential development. This includes sites zoned R-3, which allows up to 29 units per acre Site 57 includes units in all three affordability categories. Site 7 falls into the lower income category. Site 1 and 54 include units in both lower-income and above moderate-income categories. Sites in commercial zones C-1, C-2, and C-3, which all allow residential uses subject to R-3 standards, were included to provide additional surplus capacity but were not counted toward the RHNA. These include sites 15, 39, 40, and 53. Commercially zoned Site 37 includes units in both lower-income and moderate-income categories, and sites 1 (which includes one commercially zoned parcel adjacent to residentially-zoned parcels) and 54 includes units in both lower and moderate-income categories.
o Moderate-Income (M) Sites. Sites of at least 0.2 acres that are zoned R-2 allow for up to 13 dwelling units per net acre. These areas were inventoried as feasible for moderate-income residential development. Typical dwelling units include small and medium-sized apartments and other attached units. Sites that are larger than 0.2 acres but smaller than 0.5 acres in size and zoned for R-3 were deemed too small to be inventoried as lower income and were instead inventoried as moderate income.
Sites 6, 9, 11, and 41 fall into the moderate income category. Site 57 includes units in all three affordability categories. Site 36 includes units in both the moderate and above-moderate categories.
Sites in commercial zones C-1, C-2, and C-3, which all allow residential uses subject to R-3 standards, were included to provide additional surplus capacity but were not counted toward the RHNA.
Commercially zoned sites in this category include 17, 18, 19, 23, 25, 29, 30 33, and 34. Commercial site 37 includes units in both lower-income and moderate-income categories. o Above Moderate-Income (AMI) Sites. Sites with zoning that allows only single-family homes at lower densities were inventoried as above moderate-income units. This includes sites zoned R-1, R-1-
4.5, and R-1-5. Sites that are smaller than 0.2 acres in size and zoned for R-3 were deemed too small to be inventoried as lower-income and were instead inventoried as above moderate-income.
Additionally, sites smaller than 0.2 acres zoned R-2 were deemed too small to be inventoried as moderate-income and were instead inventoried as above moderate-income except where part of a larger site. Sites 2 through 5, 8, 10, 12 through 14, 16, 31, 35, 42 through 52, and 56 fall into this category.
Site 36 includes units in both the moderate and above-moderate categories. Sites 1 include units in both lower-income and above moderate-income categories. Site 57 includes units in all three affordability categories. Sites in commercial zones C-1, C-2, and C-3, which all allow residential uses subject to R3 standards, were included to provide additional surplus capacity but were not counted toward the APPENDIX 1C: CITY OF FIREBAUGH
1C-40 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 RHNA. Commercially zoned sites in this category, include sites 20, 21, 22, 24, 26, 27, 28, 32, 38, and
55. Site 54 includes units in both lower and moderate-income categories.
Realistic Development Potential
In determining the realistic capacity for the City’s inventory of sites, the City considered land use controls and site improvements and assumed an 80 percent adjustment on residential sites and a 50 percent adjustment on commercial sites to reflect developable acreage due to on-site improvements, including sidewalks, utility easements, and infrastructure improvements (roadway access, water, sewer, and stormwater). All sites are served by or planned to be served by infrastructure, with no constraints identified that would reduce capacity beyond the 65 percent adjustment in residential areas or 50 percent in commercial areas that allow residential. To further determine an appropriate realistic capacity assumption, the City considered and evaluated the implementation of its current multifamily development standards (e.g., setbacks, building height, parking, density requirements, land use controls, water and wastewater access, and open space requirements), as well as project examples to determine approximate density and unit capacity so as to not over-project unit potential.
Recent multifamily project examples at affordable, market- and moderate-income rates show an average rate of 72 percent of the maximum capacity, as shown in Table 1C-3. While the La Joya Commons project developed at a relatively low percentage of the permitted density, the project has adjusted its plans to redevelop from the original 34 to 68 units, a 100 percent increase in density. Additionally, example projects from Coalinga and Kerman show that local market trends in this area of the county support a realistic capacity assumption between 60 and 69 percent.
With these recent developments in mind, the City is assuming a 65 percent realistic capacity on all residential sites in Table 1C-5.
Commercially zoned sites that are included in this discussion are not being counted to meet the RHNA, but are included as surplus properties to encourage development in these areas. While Firebaugh has not had mixed-use projects develop recently, as shown in Table 1C-4, there have been recent mixed-use projects in other communities in Fresno County. Projects in nearby Kingsburg and Reedley have all developed at more than 100 percent of the maximum permitted density. With these recent developments in mind, The City is assuming a 50 percent capacity on commercial sites that allow residential uses. The City has included Program 7 to encourage development of residential uses on commercially-zoned sites.
SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-41 TABLE 1C-3 REALISTIC CAPACITY PROJECT EXAMPLES
Project Name Affordability Acres Project Status General Plan / Zoning
Max.
Allowable
Density
Total
Project
Units
Max.
Allowable
Units
Realistic
Capacity
City of Firebaugh
La Joya Commons
(Fresno Housing
Authority)
100%
Affordable 21.4 Under Construction - 2023
Residential
Medium/R-2 10 68 214 32%
Del Rio Place Market-Rate 3.8 Under Construction –
2023 R-3 29 56 110 51%
2020 S. Landucci ModerateIncome 0.56 Constructed – 2019 Residential Medium/R-2 10 8 7 114%
Average, Firebaugh Projects Only 72%
City of Coalinga
Warthan Place Low and Very
Low 5 Approved RHD 25 81 125 65%
Pacific & Elm MultiFamily Project Low and Very
Low 5 Approved RHD 25 76 125 61%
City of Kerman
Gateway Villas Lower 4.43 Completed - 2016 HDR/R-3 24 61 106 69% Hacienda Heights Lower 5.37 Completed - 2010 HDR/SD-R-2.5 20 69 107 64% Average, All Projects 68%
Source: City of Firebaugh, 2023.
TABLE 1C-4 MIXED-USE PROJECT EXAMPLES
Project Name Affordability Acres Project Status General Plan/Zoning
Total
Project
Units
Max.
Allowable
Units*
Realistic
Capacity
City of Reedley
Reedley I MixedUse Lower
Income 4.25 Approved 2022 LI/ML 80 63 127%
City of Kingsburg
Stone Plaza Mixed
Use Project Market Rate 0.28 Under Construction
2023 CC/CC 10 6 145%
Average 127%
Source: Cities of Reedley and Kingsburg, 2023.
*Density bonus units were not included in the project.
Table 1C-5 identifies vacant sites that are presently zoned for residential uses and suitable for residential development in Firebaugh. Additional sites that allow mixed uses are included, but not counted toward the RHNA.
The locations of these sites are shown on Figure 1C-1. Based on permitted densities and the assumptions described previously, the residential sites identified in Table 1C-5 can accommodate an estimated 545 units, including 241 lower-income units, 73 moderate-income units, and 232 above moderate-income units.
APPENDIX 1C: CITY OF FIREBAUGH
1C-42 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Much of the city is within a Federal Emergency Management Agency (FEMA) flood hazard area, so accordingly, many of the sites in the City’s inventory are within a flood zone. The central area of the city is within a 1-percent annual chance flood area (FEMA category AH) and areas to the west and northwest of the city are within a moderate flood risk area (FEMA category X). The lower-risk category X flood zone includes all of the R-3 sites in the city and many surplus sites in commercial zones where residential uses are permitted. All of the city’s sites are within a dam inundation zone, as the majority of the city is covered by the inundation zone for Friant Dam. The Housing Element includes Program 18, through which to seek funds to mitigate the potential impacts of unavoidable environmental hazards.
SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-43 TABLE 1C-5 VACANT RESIDENTIAL SITES
Site
Assessor’s
Parcel
Number
Acres General Plan Designation Zoning Maximum Density per Acre Maximum Capacity Total Realistic Capacity Lower- Income Capacity Moderate- Income Capacity Above Moderate- Income Capacity Environmental Hazards 1 007-120-13* 0.12 High Density Residential R-3 29 3 2 2 Dam Inundation Zone 1 007-120-17* 0.12 High Density Residential R-3 29 3 2 2 Dam Inundation Zone 1 007-120-18* 2.24 High Density Residential R-3 29 65 42 42 Dam Inundation Zone 1 007-120-19* 0.12 High Density Residential R-3 29 3 2 2 Dam Inundation Zone 2 007-110-64* 0.19 High Density Residential R-3 29 6 4 4 Dam Inundation Zone 3 007-110-08* 0.15 High Density Residential R-3 29 4 3 3 Dam Inundation Zone 4 007-110-12* 0.14 High Density Residential R-3 29 4 3 3 Dam Inundation Zone 5 007-110-55* 0.14 High Density Residential R-3 29 4 3 3 Dam Inundation Zone 6 007-110-66* 0.23 High Density Residential R-3 29 7 4 4 Dam Inundation Zone 7 007-110-30* 0.55 High Density Residential R-3 29 16 10 10 Dam Inundation Zone 8 007-110-25* 0.15 High Density Residential R-3 29 4 3 3 Dam Inundation Zone 9 007-110-22* 0.38 High Density Residential R-3 29 11 7 7 Dam Inundation Zone 9 007-110-40* 0.44 High Density Residential R-3 29 13 8 8 Dam Inundation Zone 10 007-110-39* 0.18 High Density Residential R-3 29 5 3 3 Dam Inundation Zone 11 007-110-37* 0.35 High Density Residential R-3 29 10 7 7 Dam Inundation Zone 12 007-110-45* 0.17 High Density Residential R-3 29 5 3 3 Dam Inundation Zone 13 007-141-2S 0.27 Medium Density Residential R-1-5 8 2 1 1 Dam Inundation Zone 13 007-210-9S 0.21 Medium Density Residential R-1-5 8 2 1 1 Dam Inundation Zone 14 007-250-1S 0.13 Medium Density Residential R-1-4.25 10 1 1 1 Dam Inundation Zone 16 008-100-26* 0.44 Medium Density Residential R-2 10 4 3 3 Dam Inundation Zone 31 008-124-04* 0.33 Medium Density Residential R-2 10 3 2 2 Dam Inundation Zone, 100-Year Flood Zone 35 008-170-33 0.14 Medium Density Residential R-2 10 1 1 1 Dam Inundation Zone, 100-Year Flood Zone 36 008-170-22 0.63 Medium Density Residential R-2 10 6 4 4 Dam Inundation Zone, 100-Year Flood Zone 36 008-170-25 0.07 Medium Density Residential R-2 10 1 1 1 Dam Inundation Zone, 100-Year Flood Zone APPENDIX 1C: CITY OF FIREBAUGH
1C-44 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Site
Assessor’s
Parcel
Number
Acres General Plan Designation Zoning Maximum Density per Acre Maximum Capacity Total Realistic Capacity Lower- Income Capacity Moderate- Income Capacity Above Moderate- Income Capacity Environmental Hazards 41 007-070-75 0.66 Medium Density Residential R-2 10 7 4 4 Dam Inundation Zone, 100-Year Flood Zone 42 007-151-14 0.28 Medium Density Residential R-2 10 3 2 2 Dam Inundation Zone, 100-Year Flood Zone 43 008-200-06 0.19 Medium Density Residential R-1 6 1 1 1 Dam Inundation Zone, 100-Year Flood Zone 44 008-200-31 0.23 Medium Density Residential R-1 6 1 1 1 Dam Inundation Zone, 100-Year Flood Zone 45 007-903-9S 2.16 Medium Density Residential R-1 6 13 8 8 Dam Inundation Zone, 100-Year Flood Zone 45 008-104-7S 1.56 Medium Density Residential R-1 6 9 6 6 Dam Inundation Zone, 100-Year Flood Zone 46 008-104-5S 0.30 Medium Density Residential R-1 6 2 1 1 Dam Inundation Zone, 100-Year Flood Zone 47 008-100-7S 0.20 Medium Density Residential R-1 6 1 1 1 Dam Inundation Zone, 100-Year Flood Zone 48 007-903-7S 0.41 Medium Density Residential R-1 6 2 2 2 Dam Inundation Zone, 100-Year Flood Zone 49 007-550-9S 0.20 Medium Density Residential R-1 6 1 1 1 Dam Inundation Zone, 100-Year Flood Zone 50 007-001-1S 0.28 Medium Density Residential R-1 6 2 1 1 Dam Inundation Zone, 100-Year Flood Zone 51 007-001-5S 0.28 Medium Density Residential R-1 6 2 1 1 Dam Inundation Zone, 100-Year Flood Zone 52 007-001-6S 0.21 Medium Density Residential R-1 6 1 1 1 Dam Inundation Zone, 100-Year Flood Zone 56 007-028-ST 4.60 Medium Density Residential R-1 6 28 18 18 Dam Inundation Zone, 100-Year Flood Zone, Susceptible to Landslides 57 007-610-22 7.00
High Density Residential R-3 29 580 377 189 38 151
Dam Inundation Zone
57 007-610-17 7.50 Dam Inundation Zone, 57 007-610-15 5.5 Dam Inundation Zone SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-45 Site
Assessor’s
Parcel
Number
Acres General Plan Designation Zoning Maximum Density per Acre Maximum Capacity Total Realistic Capacity Lower- Income Capacity Moderate- Income Capacity Above Moderate- Income Capacity Environmental Hazards Lower-Income Total 241 Moderate-Income Total 73 Above Moderate-Income Total 232 Source: City of Firebaugh, 2023 * These parcels were also included in the 4th and 5th Cycle Housing Element inventories.
APPENDIX 1C: CITY OF FIREBAUGH
1C-46 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-6 VACANT COMMERCIAL SITES THAT ALLOW RESIDENTIAL USES Site
Assessor’s
Parcel
Number
Acres General Plan Designation Zoning Maximum Density per Acre Maximum Capacity Total Realistic Capacity Lower- Income Capacity Moderate -Income Capacity Above Moderate -Income Capacity Environmental Hazards 1 (Portion) 007-120-09 2.95 Service Commercial C-3 29 86 43 43 Dam Inundation Zone 15 008-020-28 1.87 Service Commercial C-3 29 54 27 27 Dam Inundation Zone 17 008-041-06* 0.22 Service Commercial C-3 29 6 3 3 Dam Inundation Zone 18 008-043-01* 0.42 Central Commercial C-2 29 12 6 6 Dam Inundation Zone 19 008-730-3T 0.25 Central Commercial C-2 29 7 4 4 Dam Inundation Zone 20 008-073-08* 0.17 Central Commercial C-2 29 5 2 2 Dam Inundation Zone 21 008-073-09 0.08 Central Commercial C-2 29 2 1 1 Dam Inundation Zone 22 008-074-04 0.18 Central Commercial C-2 29 5 3 3 Dam Inundation Zone 22 008-074-18 0.08 Central Commercial C-2 29 2 1 1 Dam Inundation Zone 23 008-074-06* 0.25 Central Commercial C-2 29 7 4 4 Dam Inundation Zone 24 008-074-09 0.13 Central Commercial C-2 29 4 2 2 Dam Inundation Zone 25 008-741-0T 0.23 Service Commercial C-3 29 7 3 3 Dam Inundation Zone 26 008-076-05* 0.17 Central Commercial C-2 29 5 2 2 Dam Inundation Zone 27 008-076-16* 0.15 Service Commercial C-3 29 4 2 2 Dam Inundation Zone 28 008-076-27* 0.17 Central Commercial C-2 29 5 2 2 Dam Inundation Zone 29 008-132-10 0.30 Service Commercial C-3 29 9 4 4 Dam Inundation Zone, 100-Year Flood Zone 30 008-403-5T 0.44 Service Commercial C-3 29 13 6 6 Dam Inundation Zone 32 008-134-12 0.14 Service Commercial C-3 29 4 2 2 Dam Inundation Zone, 100-Year Flood Zone 33 008-160-34 0.23 Service Commercial C-3 29 7 3 3 Dam Inundation Zone, 100-Year Flood Zone 34 008-160-02 0.21 Service Commercial C-2 29 6 3 3 Dam Inundation Zone, 100-Year Flood Zone 37 007-070-80 0.94 Service Commercial C-3 29 27 14 14 Dam Inundation Zone 37 007-070-81 0.45 Service Commercial C-3 29 13 6 6 Dam Inundation Zone SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-47 Site
Assessor’s
Parcel
Number
Acres General Plan Designation Zoning Maximum Density per Acre Maximum Capacity Total Realistic Capacity Lower- Income Capacity Moderate -Income Capacity Above Moderate -Income Capacity Environmental Hazards 38 007-070-38 0.18 Service Commercial C-1 29 5 3 3 Dam Inundation Zone, 100-Year Flood Zone 39 007-070-40 0.54 Service Commercial C-1 29 16 8 8 Dam Inundation Zone, 100-Year Flood Zone 40 007-070-54 0.72 Service Commercial C-1 29 21 10 10 Dam Inundation Zone, 100-Year Flood Zone 53 007-330-02 0.80 Service Commercial C-3 29 23 12 12 Dam Inundation Zone 54 007-330-03 0.22 Service Commercial C-2 29 6 5 5 Dam Inundation Zone, 100-Year Flood Zone 54 007-330-04 0.57 Service Commercial C-2 29 16 8 8 Dam Inundation Zone, 100-Year Flood Zone 55 007-301-1T 0.14 Service Commercial C-2 29 4 2 2 Dam Inundation Zone, 100-Year Flood Zone Lower-Income Total 122 Moderate-Income Total 39 Above Moderate-Income Total 30 * These parcels were also included in the 4th and 5th Cycle Housing Element inventories. However, commercially zoned sites are included to identify additional opportunities for residential development and are not being counted toward the City’s RHNA, and therefore are not subject to affordability requirements of Government Code 65583.2(c). .
APPENDIX 1C: CITY OF FIREBAUGH
1C-48 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-1 FIREBAUGH SITES INVENTORY
SECTION 1C-2: SITES INVENTORY
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-49 Accessory Dwelling Units
California Government Code Section 65583.1(a) states that a town, city, or county may identify sites for accessory dwelling units (ADU) based on the number of ADUs developed in the prior Housing Element planning period, whether the units are permitted by right, the need for ADUs in the community, the resources or incentives available for their development, and any other relevant factors. Based on recent changes in State law reducing the time to review and approve ADU applications, requiring ADUs that meet requirements to be allowed by right, eliminating discretionary review for most ADUs, and removing other restrictions on ADUs, it is anticipated that the production of ADUs will increase in the 6th cycle Housing Element planning period.
The City did not issue any permits for ADUs during the previous planning period. However, to promote ADUs, the City has included Program 15 to comply with state law and make construction of ADUs feasible for more property owners. Based on these trends, the City anticipates that eight ADUs will be built by December 2031.
ADUs are seen as an appropriate housing type for a primary residence for low-income households. Because regional affordability analysis of ADUs was not available for Fresno County, the City relied on rental rates for one- and twobedroom units as a proxy for ADU rental rates. According to 2016-2020 American Community Survey (ACS) 5- year estimates, the median gross rent for one-bedroom units in Firebaugh is $519 per month, and for two-bedroom units it is $681 per month. As shown in Table 2-24, Fresno County Ability to Pay (2022), in Chapter 2, Regional Housing Needs Assessment, low-income households can afford between $1,091 (one-person households) and $1,558 (four-person households) in monthly housing costs without being cost burdened. Comparing rental rates with the affordability of low-income households demonstrates that ADUs are appropriate to credit toward the City’s lower-income RHNA, based on the median price of one- and two-bedroom units in Firebaugh. However, the City has decided to take a conservative approach and assume that 50 percent of ADUs will be affordable to lower-income households, 25 percent affordable to moderate-income households, and 25 percent affordable to above moderateincome households.
RHNA Summary
Table 1C-7 compares the City’s RHNA to its site inventory capacity. Accounting for the vacant site capacity and the projected ADUs, the City has a surplus capacity of 110 units. This means the City has land available to build 110 more units than assigned in the RHNA. Breaking this down by income category, the City has a surplus of 97 units in the lower-income (including extremely low-, very low-, and low-income) category, a 9-unit surplus in the moderate-income category, and a 5-unit surplus in the above moderate-income category. Sites with additional capacity for 191 units were identified in commercial zones to identify additional residential development opportunities. This capacity is not being counted toward the City’s RHNA.
APPENDIX 1C: CITY OF FIREBAUGH
1C-50 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-7 SUMMARY OF RESIDENTIAL CAPACITY COMPARED TO THE 6TH CYCLE RHNA Income
Category
2023-2031
RHNA
Vacant Residential
Sites
Capacity
(Table 1C-4)
Projected
ADUs1
Total
Capacity
Unit
Surplus2
Additional
Surplus on
Commercially
Zoned Sites3
(Table 1C-5)
Very Low 102 241 4 245 97 122
Low 46
Moderate 66 73 2 75 75 39
Above Moderate 229 232 2 234 5 30
Total 443 545 8 553 110 191
Source: City of Firebaugh, 2023.
1 Assumes the development of one ADU per year, with half of units developed for lower-income households and the remainder divided between moderate- and above moderate-income households. 2 Surplus capacity is calculated by subtracting the RHNA from the total of projected ADUs and capacity on vacant sites. 3 Additional sites were identified in commercial zones to identify additional residential development opportunities but is not being counted toward the City’s RHNA,
Adequacy of Public Facilities
The City provides water service for residents. As of August 2021, the Water Division provides potable water to 1,642 active service connections. The City also sells water to the Las Deltas Mutual Water Company, which operates a public water system outside the Firebaugh sphere of influence (SOI). The City’s average domestic water demand is 2.4 million gallons per day (MGD), with an additional 2.3 MGD average daily water use for a local tomato processing facility. To meet the increased demand projected as a result of projected population growth, the City will need to make improvements to the existing water system. However, the City has identified funding sources to finance future capital improvements. The City’s water system capacity is expected to serve the RHNA of 443 additional units.
The City also controls and administers the sewer system in the city. The system includes approximately 31 miles of sewer pipelines and 10 pump stations. Maintenance of the City sewer system is financed primarily by fixed user fees, charges for services, and connection fees as well as State or federal grants when available. The City’s wastewater treatment plant (WWTP) has a license to treat municipal wastewater at a maximum daily flow of 1.5 MGD. As of January 2022, the wastewater treatment facility discharges a monthly average flow of up to 1.1 MGD.
The system’s capacity is more than enough to accommodate the City’s RHNA of 443 units.
In accordance with the provisions of California Government Code Section 65589.7, the City will establish a procedure (Program 5) and continue to give priority for water and sewer service to qualified affordable housing projects.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-51 SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
Introduction
Assembly Bill (AB) 686 requires that all housing elements due on or after January 1, 2021, contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under California law, AFFH means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”1 California Government Code Section 65583 (10)(A)(ii) requires local jurisdictions to analyze racially or ethnically concentrated areas of poverty (R/ECAP), disparities in access to opportunity, and disproportionate housing needs, including displacement risk. Although this is the Housing Element for the City of Firebaugh, Government Code Section 65583(c)(10) requires all local jurisdictions to address patterns locally and regionally to compare conditions at the local level to the rest of the region. To that end, a Multijurisdictional Housing Element was completed for the cities of Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, San Joaquin, Sanger, Selma, and the County of Fresno, including a regional AFH and each participating jurisdiction prepared a local AFH.
This section is organized by fair housing topics. For each topic, the regional assessment is first, followed by the local assessment. Strategies to address the identified issues are included throughout the section. Through discussions with housing service providers, fair housing advocates, and preparation of this AFH, the City of Firebaugh identified factors that contribute to fair housing issues. These contributing factors are included in Table 1C-15, Factors Contributing to Fair Housing Issues, with associated actions to meaningfully affirmatively further fair housing related to these factors. Additional programs to affirmatively further fair housing are included in Section 1C-1, Action Plan.
This section also includes an analysis of the Housing Element’s sites inventory as compared with fair housing factors. The location of housing in relation to resources and opportunities is integral to addressing disparities in housing needs and opportunity and to fostering inclusive communities where all residents have access to opportunity. This is particularly important for lower-income households. AB 686 added a new requirement for housing elements to analyze the distribution of projected units by income category and access to high resource areas and other fair housing indicators compared to citywide patterns to understand how the projected locations of units will affirmatively further fair housing.
1 California Department of Housing and Community Development, Affirmatively Furthering Fair Housing: Guidance for All Public Entities and for Housing Elements (April 2021 Update), April 27, 2021, preface page, https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27-2021.pdf APPENDIX 1C: CITY OF FIREBAUGH
1C-52 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Outreach
Community Workshop
On August 18, 2022, the City of Firebaugh held an in-person Community Workshop to provide information on the Housing Element and solicit input from the community. The City notified the community of this meeting with flyers distributed in English and Spanish through the FCOG listserv of regional stakeholders and community based organizations (CBOs), contacted the Fresno County Authority to post and distribute flyers, and posted to Facebook event page with a link to English and Spanish versions of the Eventbrite registration page, which advertised that the meeting would provide Spanish language interpretation, refreshments, and activities for children.
However, despite these extensive outreach efforts to inform community members of the event, there were only three participants. Discussion focused on the challenge of many lower- and moderate-income households in need of subsidized housing not qualifying due to income limits, as well as barriers to securing funding for affordable development as the city is considered risky by lenders. Although the City of Firebaugh does have a good working relationship with the Housing Authority, Habitat for Humanity, and Self-Help Housing, it was noted that they are having difficulty attracting developers without significant incentives. The City Manager noted that a predevelopment loan source for housing projects may be a useful program to pursue.
Participants identified a need for farmworker housing, like in other agriculturally based jurisdictions, to meet the needs of fieldworkers making minimum wage, stating that the drought has impacted financial resources for farmworkers and resulted in the loss of employment opportunities as landowners are selling off farmland that is no longer profitable. Participants also stated that many farmworkers in the area are undocumented and legal face barriers to housing, such as the legal residency requirement for USDA programs. The overall shortage of market rate affordable housing and strict eligibility requirements for affordable housing resources in the city has resulted in a disproportionate need for affordable housing for lower- and moderate-income households.
Following the workshop, the City posted English and Spanish copies of the workshop presentation on the Fresno County Multijurisdictional Housing Element Update website for residents to access at their convenience. Feedback received during this workshop was used to inform this AFH as well as associated programs, as identified in Table 1C-6, Contributing Factors to Fair Housing Issues.
Study Session
A City Council study session was held virtually on September 12, 2022, to discuss the Housing Element Update and process. The study session was open to the public and held in person. Commentary was limited and no public comment related to fair housing was received at the meeting.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-53 Fair Housing Issues
Since 2017, the Tax Credit Allocation Committee (TCAC) and California Department of Housing and Community Development (HCD) have developed annual maps of access to resources, such as high-paying job opportunities; proficient schools; safe and clean neighborhoods; and other healthy economic, social, and environmental indicators to provide evidence-based research for policy recommendations. This effort has been dubbed “opportunity mapping” and is available to all jurisdictions to assess access to opportunities within their community.
The TCAC/HCD Opportunity Area Maps can help to identify areas within the community that provide strong access to opportunity for residents or, conversely, provide low access to opportunity. The information from the opportunity mapping can help to highlight the need for housing element policies and programs that would help to remediate conditions in low-resource areas and areas of high segregation and poverty and to encourage better access for lowerincome households and communities of color to housing in high-resource areas. TCAC/HCD categorized census tracts into high-, moderate-, or low-resource areas based on a composite score of economic, educational, and environmental factors that can perpetuate poverty and segregation, such as school proficiency, median income, and median housing prices. The TCAC/HCD Opportunity Area Maps use a regional index score to determine categorization as high, moderate, and low resource.
Areas designated as “highest resource” are the top 20.0 percent highest-scoring census tracts in the region. It is expected that residents in these census tracts have access to the best outcomes in terms of health, economic opportunities, and education attainment. Census tracts designated “high resource” score in the 21st to 40th percentile compared to the region. Residents of these census tracts have access to highly positive outcomes for health, economic, and education attainment. “Moderate resource” areas are in the top 30.0 percent of the remaining census tracts in the region and those designated as “moderate resource (rapidly changing)” have experienced rapid increases in key indicators of opportunity, such as increasing median income, home values, and an increase in job opportunities. Residents in these census tracts have access to either somewhat positive outcomes in terms of health, economic attainment, and education, or positive outcomes in a certain area (e.g., score high for health, education) but not all areas (e.g., may score poorly for economic attainment). Low-resource areas are those that score in the bottom 30.0 percent of census tracts and indicate a lack of access to positive outcomes and poor access to opportunities. The final designation are those areas identified as having “high segregation and poverty;” these are census tracts that have an overrepresentation of people of color compared to the county as a whole, and at least 30.0 percent of the population in these areas is below the federal poverty line ($27,750 annually for a family of four in 2022).
As seen in Figure 3-1, Regional TCAC/HCD Opportunity Areas, in Section 3: Regional Assessment of Fair Housing, most of Fresno County, particularly in the incorporated cities, is primarily a mix of low-resource or moderate-resource areas and areas of high segregation and poverty, with pockets of high-resource designations. The City of Firebaugh has been designated as a low-resource area, with a small moderate-resource area in the northern portion of the city (Figure 1C-2, Local TCAC/HCD Opportunity Map).
APPENDIX 1C: CITY OF FIREBAUGH
1C-54 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-2 LOCAL TCAC/HCD OPPORTUNITY MAP
Source: TCAC/HCD, 2021
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-55 Patterns of Integration and Segregation
At the time of this writing (Summer 2022), HCD’s AFFH Data Viewer included the 2021 TCAC/HCD Opportunity Map. Therefore, the following assessment of fair housing is based on data from 2021. However, since the time of writing, the AFFH Data Viewer was updated with the 2022 TCAC/HCD Opportunity Map followed by the subsequent 2022 COG Geography TCAC/HCD Opportunity Map, which is based on a similar formula but compares each tract to those within the COG region rather than regions defined by TCAC. In the case of Fresno County, the comparison region changed from the Central Valley Region to the boundaries of Fresno COG, resulting in internal comparisons of Fresno County cities and communities.
At the COG level, the data for Fresno County presents a potentially skewed perspective as most cities in the county have small populations, housing stocks, and employment centers compared to the cities of Fresno and Clovis. Fresno and Clovis, as the two largest cities in the county and among the largest in the region, provide access to educational and economic opportunities that are not typically found outside of large cities. Further, both, though particularly Clovis, include affluent neighborhoods that influence TCAC scores. Therefore, access to resources using this methodology appears to weigh proximity to Fresno and Clovis more heavily than local resources. For example, in the 2021 TCAC/HCD Opportunity Map, the community of Biola and the City of Kingsburg are both designated as moderate to highest resource areas based on local context. However, in the 2022 COG Geography TCAC/HCD Opportunity Map, both are designated as low resource areas. The number of jobs, school performance, environmental conditions, median incomes, and other factors that are included in the Opportunity Map methodology did not change significantly between 2021 and 2022 in these communities. The primary driver of the change in resource area designation is likely based on proximity to resources and opportunities in the major cities of Fresno County. As many communities in the county are largely rural and agricultural in nature, most local resources have more limited capacity, but do serve the local population.
Given the potential limitations of an internal comparison, FCOG opted to maintain the analysis based on a larger geographic comparison to other jurisdictions in the Central Valley Region to reflect the interconnectedness of economies in this region, and similarities between the size and nature of many communities. Further, no significant changes were made to resource designations in Firebaugh between the 2021 TCAC/HCD Opportunity Map and 2022 COG Geography TCAC/HCD Opportunity Map.
Income Distribution
The City of Firebaugh consists of a single census tract and six block groups, three of which include adjacent unincorporated county areas. State Route 33 (SR 33) runs through the city on the west side and Madera County forms the eastern boundary.
The majority of the city has been designated as low resource, with a sliver of a moderate-resource designation along the northwestern edge of the city. A designation has not been determined for the portion of the city between Cline Street to the north, 13th Street to the south, SR 33 on the west, and Madera County line on the east; however, the low scores have been identified for TCAC/HCD Economic Domain, Education Domain, and Environmental Domain, suggesting this area also has characteristics of a low-resource opportunity designation. According to 2016- 2020 American Community Survey (ACS) data presented in Figure 2-2, Local Median Income, in Section 2:
APPENDIX 1C: CITY OF FIREBAUGH
1C-56 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Housing Needs Assessment, the citywide median household income in Firebaugh is $36,411, well below the statewide median of $78,672 and the 2020 Fresno County median of $57,109.
The City of Firebaugh’s central block group containing the West Hills College – Firebaugh campus has the lowest median household income in the city, at $28,147 (Figure 1C-3, Local Median Income). The northernmost block group has a median income of $43,309, and the adjacent block group east of Clyde Fannon Road, containing the Mendoza Terrace (including Mendoza Terrace II and Mendoza Terrace Elderly) public housing development has a median household income of $31,667. The median income in the southern block group, which includes Firebaugh High School and the Las Laureles neighborhood, is the highest in the city at $56,250. Although there is land west of SR 33 in the far western block group included within the city boundaries, it primarily consists of industrial uses and the Firebaugh Airport within the city boundaries and unincorporated county acreage. Therefore, as it does not appear that residential uses are within this portion of the city limits, the median income of $43,284 for this area is assumed to reflect the residences in the unincorporated county area.
The City of Firebaugh’s residential mix is primarily single family and duplexes, at 67.6 percent of the housing stock, with 25.7 percent multifamily of three or more attached units, and mobile homes/other non-permanent units comprising 6.7 percent of the housing stock (within four mobile home parks). Residential uses in the upper portion of the city include homes on scattered agricultural parcels, single-family subdivisions, mobile homes, a multifamily complex, and a significant number of complexes operated by the Fresno Housing Authority. The southern portion of the city is made up primarily of a mix of single-family units, multifamily complexes, and mobile home parks, interspersed with commercial, industrial, and agricultural uses. Single-family homes in residential neighborhoods are typically single-story and small in scale and character, with slightly larger homes just southwest of Lake Joallan.
Commercial uses, industrial, and older residential homes are found within the western edge of the city along SR 33.
This data contributes to the City of Firebaugh’s limited TCAC/HCD resource opportunity designation, likely partially attributed to the primarily agricultural and manufacturing employment base, which typically have lower pay scales, as reflected in the relatively low median incomes in the city.
According to the 2014-2018 United States Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data, the City of Firebaugh has a higher representation of very low-income households than the countywide average rate of 12.8 percent, as shown in Table 2-9, Jurisdictions with OverRepresentation of Very Low-Income (VLI) Families (2018), of Section 2: Housing Needs Assessment.
Additionally, 30.3 percent of households make less than 30 percent of the area median income (AMI), which is considered extremely low income (Figure 1C-4, Local Poverty Rate). This is significantly higher than the state average of 9.0 percent and the Fresno County rate of 16.7 percent. The rate of poverty for the population of the entire city, which is a single census tract, is between 20.0 and 30.0 percent of the total population. The poverty rate has remained fairly stable, dropping just slightly from 30.8 percent in 2010. The median household income in the City of Firebaugh has increased slightly between 2012 and 2020. Citywide median household income in 2014 was $32,875, while in 2020, citywide median household income was $36,411. However, given the extremely low median household income in Firebaugh compared to other jurisdictions in the region and state, households likely have continued to face challenges in finding affordable housing within their incomes and completing necessary repairs to their home.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-57 FIGURE 1C-3 LOCAL MEDIAN INCOME
Source: 2015-2019 ACS
APPENDIX 1C: CITY OF FIREBAUGH
1C-58 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-4 LOCAL POVERTY RATE
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-59 Racial and Ethnic Characteristics
Firebaugh’s largest demographic group is Hispanic, comprising 92.5 percent of the city’s population, placing Firebaugh among Fresno County jurisdictions with the highest proportion of Hispanic residents, with all other nonWhite racial and ethnic groups represented by smaller populations, each comprising less than 1.0 percent of the city’s population, with White non-Hispanic residents comprising the remaining 6.2 percent.
There appears to be slightly uneven spatial distribution of demographic groups within Firebaugh (Figure 1C-5, Local Racial Demographics), with the distribution of populations of color ranging from 91.1 percent to 98.4 percent across the city, with the southernmost block group with the least diverse population at 78.5 percent nonWhite. The proportion of demographic groups in Firebaugh only changed slightly between 2010 and 2020, with the proportion of Hispanic residents increasing from 91.2 to 92.4 percent, the White non-Hispanic population decreasing from 7.5 to 6.2 percent, and all other racial/ethnic groups decreasing. A higher percentage of the City of Firebaugh’s housing stock is renter occupied, although multifamily units comprise less than 75.0 percent of the total units in the city, suggesting that a sizeable proportion of the single-family units, or mobile home stock, have been converted to rental properties. This data indicates that housing prices in Firebaugh may be more affordable than in other areas of the county and may provide opportunities for increased diversity due to affordability and rental opportunities for a range of households compared to other jurisdictions.
No portion of Firebaugh is identified as a R/ECAP, as defined by HUD, nor does the city contain any racially concentrated areas of affluence (RCAAs). A R/ECAP designation has a two-part threshold:
R/ECAPs must have a non-white population of 50 percent or more in a metropolitan or micropolitan area, or a non-white population of 20 percent or more outside of these areas. R/ECAPs must have extreme poverty, defined as census tracts with either 40 percent or more of individuals living at or below the poverty line or with a poverty rate of three or more times the average tract poverty rate for the metropolitan/micropolitan area, whichever threshold is lower.
RCAA designations are also based on two factors:
A location quotient based on the percentage of white, non-Hispanic or Latino population in the census tract compared to the average percentage of total white population for the COG region. If the median income for the census tract is greater than 1.5 times the COG median income or State median income, whichever is lower.
However, data indicates that although household income has risen slightly, the high incidence of poverty, low median household incomes, and predominance of communities of color suggests that the entirety of Firebaugh may be nearing the designation of a racially concentrated area of poverty.
APPENDIX 1C: CITY OF FIREBAUGH
1C-60 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Through Program 4, the City will provide for a variety of housing types by ensuring that adequate sites are available to meet the City’s Regional Housing Needs Allocation (RHNA) of 443 units. As part of Program 10 the City will work with housing developers to expand affordable housing opportunities throughout the city through actions such as identifying funding opportunities, offering fee reductions and development impact fee deferrals for affordable and special-needs projects, promoting incentives and the State density bonus, and identifying candidate sites for new projects. The City will encourage and support the development of housing for Extremely Low-Income Households through Program 13 of the Housing Element. The City will also encourage mixed-use projects and residential uses in commercial zones as part of Program 7. The City will also encourage and facilitate the development of Accessory Dwelling Units through Program 15, which have the potential to be a naturallyoccurring affordable housing option, and through Program 17 the City will encourage the development of a variety of housing types and sizes to accommodate the needs of a wide array of residents at different income levels.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-61 FIGURE 1C-5 LOCAL RACIAL DEMOGRAPHICS
Source: 2015-2019 ACS
APPENDIX 1C: CITY OF FIREBAUGH
1C-62 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Familial Status
Like several other jurisdictions in Fresno County, a majority of households in Firebaugh are considered family households (89.8 percent). Family households are defined by California law as a household of two or more persons, regardless of relationship status. The City of Firebaugh’s rate of single-person households is 10.2 percent of total households, compared to 29.1 percent of households in Fresno County overall, and 23.7 percent of households statewide. Seniors living alone, comprising 9.6 percent of households both county- and statewide, comprise 8.0 percent of the City of Firebaugh’s households. Overall, Firebaugh is a community of younger families, with a lower total representation of senior households in the city (15.4 percent), compared to county and state proportions, which correlates to a lower representation of seniors living alone than in other jurisdictions.
Approximately 32.2 percent of Firebaugh households are family households headed by single adults, higher than the Fresno County rate of 22.2 percent and 21.0 percent in California. Firebaugh’s proportion of single-parent, female-headed family households is 21.6 percent of total households, and 10.6 percent of households are single parent, male-headed family households. Approximately 41.0 percent of female-headed households include their own children, and 41.9 include children by marriage, adoption, or foster status. In contrast, 8.4 percent of singleparent, male-headed households include their own children, and 56.8 percent live with children by marriage, adoption, or foster status. Just under half (48.4 percent) of female-headed households with children have household incomes below the poverty line. The spatial distribution of single female-headed households with children in poverty is difficult to establish with data available only at the tract level in a single census tract jurisdiction.
However, more detailed 2015-2019 ACS median income data available through the HCD AFFH Data Viewer mapping tool provides a better picture of poverty distribution (Figure 1C-4, Local Poverty Rate).
The northwestern corner of the city has approximately 47.5 percent of households with incomes below the poverty threshold, the highest concentration in the City of Firebaugh, followed by an estimated incidence of poverty at 35.8 percent within the southern portion of the city bound by 13th Street on the north, inclusive of commercial/light industrial uses, the older central Firebaugh neighborhoods, the Firebaugh Middle School, Firebaugh High School, Hazel M. Bailey Primary School, and the Las Laureles neighborhood. The potential for a concentration of single, female-headed households in this block group is likely due to the proximity of K-12th grade educational and Dunkle Park facilities within this area. The upper central area between Clyde Fannon and the San Joaquin River Canal, in which the Mendoza Terrace Public Housing units are located, has a slightly lower incidence of poverty estimated at 32.2 percent. The central section of the city, in which the West Hills College, Coalinga – Firebaugh Campus is located, has the lowest estimated proportion of households below the poverty threshold, at 27.9 percent.
The high presence of single, female-headed households with children in Firebaugh at 21.6 percent of total households as compared to 14.2 percent of households in Fresno County and 11.3 percent in the state indicates that single-parent, female-headed households with children may have greater access to more affordable housing in the City of Firebaugh where three affordable housing complexes, public housing units, and four mobile home parks are located. Additionally, rents and housing prices in Firebaugh are among the lowest in the county, contributing to the presence of a high concentration of single-parent households, communities of color, and lower-income households.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-63 Single-person households constitute 10.2 percent of total households, compared to 29.1 percent of households in Fresno County overall, and 23.7 percent of households statewide. Slightly more single-person households are renters, at 53.3 percent, compared to 46.7 percent owners. Seniors living alone, comprising 9.6 percent of households both county- and statewide, constitute 8.0 percent of Firebaugh’s households. Of the seniors living alone, 81.1 percent are homeowners, and the remaining 18.9 percent are renters. This lower representation of seniors living alone in Firebaugh reflects the family-oriented composition of seniors in the city, comprising 10.2 percent of the population and 22.3 percent of the total households. These findings suggest that although Firebaugh may be an affordable place for senior couples to retire, or that senior couples have aged in place and remain in their homes to maintain affordability, there may not be an adequate stock of rental units accessible to seniors living alone, or that seniors who rent must compete for the rental properties in the city. Additionally, the majority of services and amenities for seniors (in particular medical providers and hospitals) are in the eastern side of Fresno County, and may be difficult to access for those that are transit-dependent or disabled.
As part of Program 17, the City will encourage the development of a variety of housing types and sizes to accommodate the needs of a wide array of residents at different income levels. Through Program 4, the City will provide for a variety of housing types by ensuring that adequate sites are available to meet the City’s Regional Housing Needs Allocation (RHNA) of 443 units. The City will also encourage mixed-use projects and residential uses in commercial zones as part of Program 7. The City will also encourage and facilitate the development of Accessory Dwelling Units through Program 15, which have the potential to be a naturally-occurring affordable housing option.
Disability Rates and Services
Persons with disabilities typically have special housing needs due to physical and/or developmental capabilities, fixed or limited incomes, and higher health costs associated with their disabilities. Seniors typically experience disabilities at higher rates. Approximately 6.6 percent of Firebaugh’s population lives with one or more types of disabilities, well below both the Fresno County average of 12.9 percent and state average of 10.7 percent, and the third-lowest rate in the county after San Joaquin and Mendota. Although there is a moderate population of senior residents (10.2 percent) in the city, only 34.2 percent of the senior population in Firebaugh experiences one or more disabilities, again the third-lowest rate in the county after San Joaquin and Mendota at 13.1 and 29.4 percent, respectively.
The spatial distribution of residents living with disabilities within a single census tract is difficult to specify given the availability of data. However, the distribution of the senior population within block groups may provide insight into which neighborhoods might have higher rates of disability. Within the central Firebaugh and Las Laureles southern block group neighborhoods, seniors comprise 13.0 percent of the population, which, assuming a disability rate of 34.2 percent, would be 4.4 percent of the population in the block group. When a similar rate of disability is applied to the senior population in the other block groups in the city, it appears that this older central area may have the highest rate of disability among seniors (Figure 1C-6, Percentage of the Population with a Disability in Firebaugh). The distribution of Firebaugh residents living with disabilities has shifted between 2014 and 2020, decreasing throughout the city. In 2014, the disability rate was 8.3 percent compared to 6.6 percent in 2020, with seniors comprising 28.9 percent of total disabilities. Further, in 2014, 37.1 percent of seniors in the city experienced APPENDIX 1C: CITY OF FIREBAUGH
1C-64 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 one or more disabilities, higher than in 2020. The decrease in the proportion of the population with disabilities may indicate that persons with disabilities are not able to locate housing with physical accommodations suitable to their individual type of disability, or access necessary resources and services in Firebaugh catering to persons with disabilities, and therefore have relocated to other areas of the county.
As shown on Table 2-33, Disability by Type (2020), in Section 2: Housing Needs Assessment, ambulatory disabilities were the most prevalent disability type, with 69.7 percent of the population with a disability reporting this challenge. The next-most common disability was independent living problems at 43.2 percent, cognitive difficulties at 31.8 percent, and self-care difficulties at 28.8 percent. Vision difficulties and hearing problems represented less than 10.0 percent of the population with a disability. While regulations adopted by the State require all ground-floor units of new apartment complexes with five or more units to be accessible to persons with disabilities, single-family units have no accessibility requirements. In a community where 61.5 percent of housing stock is made up of single-family units, with an additional 6.2 percent duplex and 15.2 percent tri-and four-plex units, the availability of homes available to meet the needs of physically disabled persons, who generally require modifications to their housing units, such as wheelchair ramps, elevators or lifts, wide doorways, accessible cabinetry, and modified fixtures and appliances, may be a significant constraint. Firebaugh also has a small population of residents with developmental disabilities (less than 1.0 percent of total population), of which, approximately 66.7 percent are under 18 years of age and live at home, with parents or a caregiver.
Residents with disabilities in Firebaugh are served by the Fresno County Senior Resource Center, which operates an Adult Protective Services program, assisting both disabled adults and seniors, with all requests for assistance.
The Fresno County Human Services System, Department of Adult Services, also provides housing and basic needs assistance to elderly persons. The Fresno/Madera Area Agency on Aging (FMAAA) provides connections to programs, services, and resources elderly residents can use to maintain and improve their quality of life as they age.
Firebaugh residents also have access to the Dial-A-Ride program, operated by the local Fresno County Rural Transit Agency (FCRTA) subsystem, which offers transportation services to the elderly (65+), disabled, low-income, and the general public. Dial-A-Ride services are wheelchair equipped and operate Monday through Friday between 8:30 a.m. and 4:15 p.m., with fares priced $1.00 one-way or $2.00 round-trip. There are licensed, no residential care facilities or elderly assisted living facilities in Firebaugh however, which may present a barrier to residents in need of ongoing support and may increase displacement risk for this population.
The City will encourage and support the development of housing for Extremely Low-Income Households, including persons with disabilities, through Program 13 of the Housing Element. Through Program 22 the City will encourage housing developers to include mobility-impaired accessibility in their project designs. Through Programs 8 and 9 the City will apply for HOME and Community Development Block Grant funding which could be used for a variety of applications, including assisting with rental housing for extremely low income and disabled residents and rehabilitating housing for lower-income households. As part of Program 10 the City will work with housing developers to expand affordable housing opportunities through actions such as identifying funding opportunities, offering fee reductions and development impact fee deferrals for affordable and special-needs projects, promoting incentives and the State density bonus, and identifying candidate sites for new projects.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-65 FIGURE 1C-6 PERCENTAGE OF THE POPULATION WITH A DISABILITY IN FIREBAUGH APPENDIX 1C: CITY OF FIREBAUGH
1C-66 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Access to Opportunity
Transit Mobility
Transit mobility refers to an individual’s ability to navigate the city and region on a daily basis to access services, employment, schools, and other resources. Indicators of transit mobility include the extent of transit routes, proximity of transit stops to affordable housing, and frequency of transit.
Firebaugh residents are primarily served by the FCRTA providing fixed-route service between Firebaugh, Mendota, Kerman, and Fresno on the Westside Line (see Figure 3-19, Fresno County Rural Transit Agency Intercounty Routes, of Section 3: Regional Assessment of Fair Housing). Buses depart from Firebaugh Senior Center on weekdays at 7:00 a.m. and 1:30 p.m., stopping in Firebaugh, Mendota, and Kerman before arriving in Fresno after approximately 70 to 75 minutes. Return service departs from Fresno at 9:40 a.m. and 4:12 p.m. Service is provided on 30-passenger, Americans with Disabilities Act (ADA) wheelchair-accessible buses. Monthly passes for general service between Firebaugh and Fresno are priced at $120.00, with discounted fares available for senior, youth, and disabled residents, at $100.00 monthly. FCRTA Westside Line service stops within Firebaugh include Firebaugh Senior Center, Family Dollar, and Sunset Place. With daily access to the City of Fresno, the FCRTA Westside Line also provides access to employment opportunities and connections to regional transit services, including Amtrak, Greyhound, and Fresno Area Express (FAX), which in turn provide connections within the metropolitan Fresno area and between Stockton, Bakersfield, and other regional hubs.
AllTransit is a transit and connectivity analytic tool developed by the Center for Neighborhood Technology for the advancement of equitable communities and urban sustainability. The tool analyzes the transit frequency, routes, and access to determine an overall transit score at the city, county, and regional levels. AllTransit scores geographic regions (e.g., cities, counties, Metropolitan Statistical Areas [MSAs]) on a scale of 0 to 10, with 10 being complete transit connectivity. Figure 1C-7, Firebaugh AllTransit Performance Score, shows Firebaugh’s AllTransit Performance score, including metrics representing average household transit access. Firebaugh’s score is 1.0, demonstrating “very low” connectivity. Table 1C-2, Fresno County Jurisdictions AllTransit Performance Scores, shows transit accessibility in Firebaugh relative to other Fresno County jurisdictions. Firebaugh’s score is consistent with most Fresno County jurisdictions, which are typified by smaller rural and semi-rural communities.
However, as described in Section 3: Regional Assessment of Fair Housing, the AllTransit methodology may not fully reflect the transit opportunities available through private service providers. Among Fresno County jurisdictions, the City of Fresno represents an outlier both in terms of population size, degree of urbanization, and transit accessibility.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-67 FIGURE 1C-7 FIREBAUGH ALLTRANSIT PERFORMANCE SCORE
Source: AllTransit.cnt.org, 2022
APPENDIX 1C: CITY OF FIREBAUGH
1C-68 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-8 FRESNO COUNTY JURISDICTIONS ALLTRANSIT PERFORMANCE SCORES Jurisdiction Score
City of Fresno 5.0
Fresno County 3.2
Reedley 2.2
Fowler 1.5
Huron 1.2
Clovis 1.1
Coalinga 1.1
Parlier 1.0
Firebaugh 1.0
Mendota 0.9
Sanger 0.9
Selma 0.7
Kingsburg 0.7
Kerman 0.1
San Joaquin 0.0
Source: AllTransit.cnt.org, 2022
Housing Mobility
As discussed in the Housing Tenure section of Section 2: Housing Needs Assessment, approximately 53.3 percent of occupied households in Firebaugh are renting, with rates of renter- and owner-occupancy evenly distributed across the city. A healthy housing market is generally considered to have a 5.0 percent vacancy rate. As shown in Section 2: Housing Needs Assessment, Table 2-18, for 2022, the California Department of Finance (DOF) reported an overall vacancy rate of 8.1 percent in Firebaugh. Vacancy data is not available by tenure through the DOF; however, the 2020 ACS 5-year estimate indicates a rental vacancy rate of 2.3 percent and an ownership unit vacancy rate of 0.0 percent, with a similar overall vacancy rate of 4.0 percent.
ACS 5-year estimate vacancy rates draw on large sample sizes and may not precisely represent vacancy on the ground. Instead, these rates are presented as general estimates, indicating approximate conditions in the local housing market.
In Firebaugh, a substantial proportion of vacant properties were categorized as being for seasonal use (either recreational or for seasonal laborers) or as “other vacant,” a category of properties that are vacant but not immediately available for rent or purchase. Properties may be categorized as “other vacant” due to one or more factors, which may include ongoing legal proceedings, active renovation or repair, abandonment, or an owner’s preference for vacancy, among other potential factors. These categories of vacancy are accounted for in the overall vacancy rate estimate but are not included in the rental and ownership vacancy rate estimates, which only consider those units immediately available for rent or purchase.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-69 Firebaugh’s low rental vacancy rate indicates a tight rental market with fewer housing mobility opportunities for current and prospective renters. Similarly, the very low ownership unit vacancy rate indicates an absence of available homes for sale in Firebaugh for prospective homebuyers.
The 2020 ACS 5-year estimate indicates that median gross rent is $655 in Firebaugh, substantially lower than the $1,029 reported for Fresno County (see Section 2: Housing Needs Assessment). However, Firebaugh’s vacancy rates and median rents make it one of Fresno County’s most affordable jurisdictions (see Section 2: Housing Needs Assessment). This suggests that residents living in Firebaugh, or seeking to live in Firebaugh, have similar mobility options overall compared to most of the region. In the census tract that includes Firebaugh, 3.7 percent of renters use Housing Choice Vouchers (HCVs); however, it should be noted that this tract includes some sparsely populated areas outside of Firebaugh’s jurisdiction. This rate is similar to that of Parlier, parts of Clovis, and the eastern half of Kerman, but generally lower than most parts of the County for which this data is available.
Median rent in Firebaugh increased by 4.5 percent between 2010 ($627) and 2020 ($655), indicating that renting costs have remained relatively stable in recent years. In addition, as found in Section 2: Housing Needs Assessment, Table 2-22, Home Sales Recorded in 2021-22, home prices in Firebaugh have decreased by 1.6 percent between 2021 and 2022. While rent is relatively affordable in Firebaugh, a shortage of available housing units both for rent and for sale may indicate limited mobility options for prospective renters and homebuyers.
The City will take a variety of strategies to promote housing mobility. The City will coordinate with the Housing Authority in Program 30 to continue the Housing Choice Voucher (HCV) program in Firebaugh and will disseminate information to landlords and property owners about the program. Through Program 8 the City will pursue HOME funding which could be used to provide financial assistance to first-time homebuyers. The City will increase the number of affordable housing opportunities overall through Program 10, through actions such as identifying funding opportunities, offering fee reductions and development impact fee deferrals for affordable and special-needs projects, promoting incentives and the State density bonus, and identifying candidate sites for new projects.
Employment Opportunities
The HUD jobs proximity index measures employment accessibility in residential neighborhoods by calculating distances to potential job locations within the area, with larger employment centers weighted more heavily, and factoring in the population size of the local workforce. According to this index, most residential areas in Firebaugh score “furthest proximity” (Figure 1C-8, Jobs Proximity Index). A small section of the city with fewer residential uses are found in block groups determined to have “closest proximity.” This may be due in part to these areas’ marginally closer proximity to SR 33. Although most of Firebaugh’s residential areas have jobs proximity index scores among the lowest of Fresno County jurisdictions, the city’s boundary does intersect tracts of both “furthest” and “closest” proximity, an inconsistency potentially indicating that Firebaugh’s actual access to employment may not be accurately reflected by the scoring index methodology.
APPENDIX 1C: CITY OF FIREBAUGH
1C-70 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Notable industries in Firebaugh include agriculture and secondary businesses (e.g., shipping and logistics) with business activities largely conducted outside of city limits. Approximately 78.4 percent of Firebaugh residents commute outside of the city for work, with 21.6 percent of residents both living and working within city limits. This figure has remained consistent over time – in 2010, 81.1 percent of Firebaugh residents commuted outside of the city for work.2
Firebaugh residents primarily work in Agriculture,
Forestry, Fishing and Hunting (27.4 percent), Manufacturing (13.6 percent), Educational Services (11.5 percent), and Health Care and Social Assistance (10.2 percent) industries.3 The distance that residents of
Firebaugh commute to reach their place of employment is relatively evenly distributed. Approximately 32.5 percent of Firebaugh residents live within 10 miles of their job, 22.1 percent live 10 to 24 miles from their job, 20.4 percent live 25 to 50 miles from their job, and 24.9 percent live more than 50 miles from their job.
Of these residents, most are commuting southeast to the City of Fresno. According to the ACS, the jobshousing ratio in Firebaugh has improved since 2010. In 2010, the ratio was 0.74, indicating a shortage of jobs for the number of housing units. By 2020, the ratio had increased to 0.96, which, while still short of fully balanced, reflects a significant improvement. However, as shown in Figure 1C-9, Zoning in Firebaugh, commercial activity within Firebaugh is focused along N Street and O Street. Given the nature of the city’s main industries though, many Firebaugh residents will likely continue to work outside of the city.
The prevalence of residential uses in Firebaugh reflects the city’s relatively low scores for HUD’s jobs proximity index.
Through Program 20 of the Housing Element the City will consider hiring a marketing firm to promote Firebaugh as a way to increase the number of local job opportunities and improve economic diversification.
2 U.S. Census Bureau, 2022, Longitudinal Employer Household Dynamics (LEHD) Origin-Destination Statistics (2002-2019). Washington, DC: U.S. Census Bureau, Longitudinal-Employer Household Dynamics Program, accessed September 2022.
3 U.S. Census Bureau, 2022, Longitudinal Employer Household Dynamics (LEHD) Origin-Destination Statistics (2002-2019). Washington, DC: U.S. Census Bureau, Longitudinal-Employer Household Dynamics Program, accessed September 2022.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-71 FIGURE 1C-8 JOBS PROXIMITY INDEX
Source: HUD, 2017
APPENDIX 1C: CITY OF FIREBAUGH
1C-72 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-9 ZONING IN FIREBAUGH
Source: City of Firebaugh, 2014; accessed October 2022 Note: The M-U-C zone is still included in the City of Firebaugh Zoning Code Map legend but no land in the city currently has this zoning designation.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-73 Educational Opportunities
Firebaugh students are served by the Firebaugh-Las Deltas Unified School District, which has six public schools reported on by the California Department of Education (CDE), including one community day school, one primary school, one intermediate (K-8) school, one middle school, one high school, and one alternative high school. Availability of performance scores for the community day school and alternative high school program is limited. These schools include El Puente High and Firebaugh Community Day School, and typically serve students who have experienced challenges in traditional school environments.
While these schools have limited data on performance scores for English language arts (ELA) and Mathematics, they offer a valuable resource for students to continue their education in a supportive environment.
Of the four schools for which ELA and mathematics performance scores were available in 2019, CDE reported that most schools in the district are below the state grade-level standards for both subjects, with the exception of the mathematics score for Hazel M. Bailey Primary school (see Table 1C-8, School Performance Scores in Firebaugh).
The proportion of each non-alternative school’s population that was considered socioeconomically disadvantaged in 2019 was generally high, ranging from 90.0 percent at Hazel M. Bailey Primary, to 93.7 percent for students at Arthur E. Mills Intermediate school, with all other schools falling between these.
Hazel M. Bailey Primary is in an area with a median household income of $56,250 and where the TCAC/HCD Educational Domain Score, or projected educational outcome, is in the 22nd percentile. Arthur E. Mills Intermediate school is in a census block group with a median income of $28,147, and a TCAC/HCD Educational score also the 22nd percentile.
In Firebaugh, the spatial distribution of schools in relation to household median income is consistent with school performance, and the relatively low ELA and math scores among all schools indicate that students generally have access to similarly performing schools. Anticipated educational outcomes, according to TCAC and HCD, does not vary throughout the city, with the entirety of Firebaugh having TCAC/HCD Educational Domain scores indicating “less positive education outcomes” (Figure 1C-10, Local TCAC/HCD Educational Domain Score). This expected educational outcome score, along with the relatively low ELA and math scores among all schools, indicates that students in different parts of Firebaugh generally have access to similarly performing schools.
The City will coordinate with the school district as part of Program 32 to analyze whether housing security poses a barrier to school performance. The City will also work with the school district to assist in securing grant funding for teacher recruitment and other incentives for teachers to facilitate positive learning environments citywide.
APPENDIX 1C: CITY OF FIREBAUGH
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-74 TABLE 1C-9 SCHOOL PERFORMANCE SCORES IN FIREBAUGH
School Name ELA Score Math Score Chronic Absenteeism Rate Suspension Rate Socioeconomically Disadvantaged Foster Youth English Learners Arthur E. Mills Intermediate -12.4 -19.9 4.7% 1.8% 93.7% 0.0% 51.4% El Puente High (Alternative) - - - 6.7% 80.0% 0.0% 80.0% Firebaugh Community Day - - - 0.0% 100.0% 0.0% 40.0% Firebaugh High -12.4 -109.4 - 6.0% 90.6% 0.0% 21.8% Firebaugh Middle -0.4 -49.0 5.5% 8.9% 91.6% 0.0% 23.7% Hazel M. Bailey Primary -8.8 +7.8 7.1% 0.0% 90.0% 0.0% 62.2% Source: California Department of Education, 2019
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-75 FIGURE 1C-10 LOCAL TCAC/HCD EDUCATIONAL DOMAIN SCORE
APPENDIX 1C: CITY OF FIREBAUGH
1C-76 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Environmental Health
The California Office of Environmental Health Hazard Assessment (OEHHA) reports CalEnviroScreen 4.0 scores for Firebaugh demonstrating relatively adverse environmental conditions citywide, with census tracts in and around Firebaugh scoring at the 89th percentile (Figure 1C-11, CalEnviroScreen Scores). In Firebaugh, residents in different parts of the jurisdiction experience the same scores, indicating that residents across the city do not have different access to environmental outcomes.
In Firebaugh, the primary indicators leading to the high scores as reported by OEHHA’s CalEnviroScreen, are, in order of significance, pesticides, groundwater threats, ozone, and drinking water contaminants.
Firebaugh is in a sparsely populated area, with few industrial uses and relatively low pollution from vehicular emissions. However, commercial agriculture occurring close to Firebaugh may contribute to adverse environmental conditions. The entirety of Firebaugh falls within the boundaries of an area considered to be a Senate Bill (SB) 535-qualifying disadvantaged community, representing the 25.0 percent of highest-scoring census tracts in CalEnviroScreen 4.0, census tracts previously identified in the top 25.0 percent in CalEnviroScreen 3.0, and census tracts with high amounts of pollution and low populations. This indicates that, as compared with statewide averages, Firebaugh represents an area of potential concern regarding fair housing and disproportionate exposure to environmental hazards and a concentration of vulnerable populations.
The FCHMP, adopted in August 2018, assessed the risk of several potential disasters, including dam and levee failure, flooding, earthquakes and liquefaction, climate change, landslides, wildfire, and more. The City of Firebaugh is downstream from the Mendota Diversion dam, which could cause flooding in the event of a failure. Additionally, the HMPC reported that due to Firebaugh’s location on the San Joaquin River and the size of the Friant Dam impoundment on Millerton Lake, the City could also be impacted in the event of a failure of that structure. The highest risk disasters for Firebaugh were deemed to be agricultural hazards, flood/levee failure, draught, and hazardous materials incident, all of which are considered to be highly likely to occur in the future.
The Federal Emergency Management Agency (FEMA) develops flood maps that identify areas with the highest risk of flooding, differentiating them by the degree of severity and frequency of flooding anticipated. In Firebaugh, most of the city has been identified as Zone AE, which covers those areas with a
1.0 percent annual chance of flooding, or as having a 0.2 percent annual chance of flooding, due to its location on the San Joaquin River (Figure 1C-12, Flood Hazard Zones). The only areas not identified as having an increased risk of flooding are downtown, along N Street, and west of Clyde Fannon Road.
Through Program 18 the City will investigate the availability of additional funds and programs to mitigate risks related to flooding, dam inundation, and landslides. The City will also support home weatherization programs as part of Program 29.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-77 FIGURE 1C-11 CALENVIROSCREEN SCORES
Source: OEHHA, 2021
APPENDIX 1C: CITY OF FIREBAUGH
1C-78 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-12 FLOOD HAZARD ZONES
Source: FEMA 2021; Fresno County, 2021; accessed November 2022 SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-79 Disproportionate Housing Need and Displacement Risk
Overcrowding
Overall, approximately 9.4 percent of households in Firebaugh are considered overcrowded, or approximately one and a half times the proportion of overcrowding in Fresno County as a whole (6.1 percent). Further, 4.9 percent of Firebaugh households are considered severely overcrowded, which is also higher than the 3.6 percent of households in Fresno County. While overcrowding is relatively similar between renter and homeowner households in Firebaugh, with 10.5 percent of renters and 8.2 percent of homeowners experiencing overcrowding, the severe overcrowding is only felt by renters. Approximately
9.3 percent of renter households in Firebaugh are severely overcrowded, indicating a possible shortage of large rental units, with multiple bedrooms, or high rental housing costs, forcing occupants to rent smaller units than are needed, or share spaces with other households or family members.
As Firebaugh is made up of a single census tract, it is not possible to identify geographic patterns of overcrowding (Figure 1C-13, Overcrowding in Firebaugh). Given the high rates of overcrowding, particularly among renters, it is likely that residents experiencing overcrowding are located throughout the city. However, Firebaugh does have the second-highest rate of severe overcrowding among renters in Fresno County, behind Mendota, indicating a significantly high need for housing options that combat overcrowding.
Despite the high rates of overcrowding in 2020, they have decreased since 2010. In 2010, 12.9 percent of all households in Firebaugh were overcrowded, compared to 9.4 percent in 2020. In contrast, the rate of severe overcrowding has increased from 2.3 percent in 2010 to 4.9 percent in 2020. The decrease in overcrowding has benefited renters exclusively, with renter overcrowding decreasing from 25.0 percent to
10.5 percent of renters, while homeowner overcrowding has increased from 2.5 percent to 8.2 percent. In contrast, renter households have also been exclusively impacted by the increase in severe overcrowding, increasing from 1.0 percent of renters in 2010 to 9.3 percent in 2020, while homeowner severe overcrowding decreased from 3.9 percent to 0.0 percent. The transition from overcrowding to severe overcrowding among renters may indicate that affordable, suitably sized housing units have become harder to secure, either due to availability, cost, or both.
APPENDIX 1C: CITY OF FIREBAUGH
1C-80 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-13 OVERCROWDING IN FIREBAUGH
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-81 Overpayment
In Firebaugh, 24.4 percent of households are cost burdened (spending 30 percent or more of their income on housing costs), and 12.4 percent are severely cost-burdened (spending 50 percent or more of their income on housing costs), for a total of 36.8 percent of all households (Table 1C-9, Cost Burden in Firebaugh, 2010-2018). Of these households, approximately 53.2 percent are renters. In total, 34.2 percent of renters are cost burdened, and 18.1 percent are severely cost burdened, compared to 12.6 percent and 5.6 percent of homeowners, respectively. As discussed previously, Firebaugh consists of a single census tract, so geographic patterns of overpayment, or geographic comparisons between tenures, cannot be discerned (Figure 1C-14, Percentage of Renters Overpaying, and Figure 1C-15, Percentage of Homeowners Overpaying). However, Figure 1C-15, Percentage of Homeowners Overpaying, shows that overpayment among this tenure is similar in Firebaugh compared to surrounding areas, including Dos Palos to the north and most of Madera to the east, and lower than Mendota to the south. In contrast, Figure 1C14, Percentage of Renters Overpaying, demonstrates that overpayment in Firebaugh is higher than neighboring census tracts, though, as with homeowners, is similar to Dos Palos and Madera, and higher than most of Mendota.
TABLE 1C-10 COST BURDEN IN FIREBAUGH, 2010-2018
Household Type
Cost Burdened Severely Cost Burdened
2010 2018 Percentage
Change 2010 2018 Percentage Change
All Households 27.3% 24.4% -2.9% 14.2% 12.4% -1.8%
Renters 27.3% 34.2% 6.9% 14.8% 18.1% 3.3%
Homeowners 26.9% 12.6% -14.3% 13.4% 5.6% -7.8%
Lower-Income Households 33.3% 40.7% 7.4% 19.4% 22.2% 2.8% Renters 31.1% 42.0% 10.9% 17.5% 22.3% 4.8%
Homeowners 36.9% 38.2% 1.3% 22.5% 20.0% -2.5%
Moderate-Income Households 16.7% 4.0% -12.7% 0.0% 0.0% 0.0% Renters 11.8% 0.0% -11.8% 0.0% 0.0% 0.0%
Homeowners 15.4% 5.4% -10.0% 0.0% 0.0% 0.0%
Above Moderate-Income
Households 9.2% 1.5% -7.7% 0.0% 0.0% 0.0%
Renters 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Homeowners 11.5% 1.9% -9.6% 0.0% 0.0% 0.0%
Sources: CHAS 2006-2010 and 2014-2018
APPENDIX 1C: CITY OF FIREBAUGH
1C-82 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-14 PERCENTAGE OF RENTERS OVERPAYING
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-83 FIGURE 1C-15 PERCENTAGE OF HOMEOWNERS OVERPAYING
APPENDIX 1C: CITY OF FIREBAUGH
1C-84 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 As discussed in the Overpayment section of Section 2: Housing Needs Assessment, overpayment often impacts lower-income households at a higher rate due to financial constraints. As such, these households are most at risk of displacement due to overpayment resulting from more limited flexibility in responding to changes in income or rent. In Firebaugh, 40.7 percent of all lower-income households are cost burdened, and 22.2 percent are severely cost burden, for a total of 62.9 percent of lower-income households experiencing some degree of cost burden (Table 1C-9, Cost Burden in Firebaugh, 2010-2018). Further, both lower-income homeowners and renters are impacted by housing costs at similar rates, with 64.3 percent of lower-income renters and 58.2 percent of homeowners experiencing some degree of cost burden.
In contrast, only 4.0 percent of moderate-income households and 1.5 percent of above moderate-income households experience cost burden, and none experience severe cost burden.
Since 2010, overpayment rates have decreased for moderate- and above moderate-income households, across tenures, as seen in Table 1C-9. However, lower-income renters have experienced a 10.9 percentage point increase in severe overpayment and lower-income homeowners have experienced a 1.3 percentage point increase in overpayment, thus influencing the percentage change for all households. According to the ACS, the median home value in Firebaugh in 2010 was $170,500. By 2020, this had increased to $178,800, for an annual average increase of approximately 0.5 percent. While median gross rent data is not available from 2010, it decreased from $679 in 2015 to $655 in 2020, for an annual average decrease of 0.7 percent.
Housing costs in Firebaugh have remained fairly stable over recent years, particularly when compared to elsewhere in Fresno County and the region. As such, it is assumed that housing costs do not increase displacement risk for residents of Firebaugh. However, overpayment is still present despite small increases in housing costs.
The City will coordinate with the Housing Authority in Program 30 to continue the Housing Choice Voucher (HCV) program in Firebaugh and will disseminate information to landlords and property owners about the program. Through Program 8 the City will pursue HOME funding which could be used to provide financial assistance to first-time homebuyers.
Substandard Housing Conditions
Approximately 45.2 percent of Firebaugh’s housing units are over 30 years old, and just 13.8 percent are over 50 years old, suggesting that Firebaugh’s housing stock is relatively new (Table 2-19, Age of Housing Stock [2020], in Section 2: Housing Needs Assessment). However, while less than half of the housing stock, older units are generally more frequently subject to maintenance issues than newer housing stock. Even units that are not urgently in need of repair may benefit from energy-efficiency improvements to reduce energy usage and related climate impacts. The City’s oldest housing is largely concentrated in the center of the city between N Street and the San Joaquin River, and from 8th Street to 16th Street. In this area, homes were generally built between the 1930s and 1950s, while in other neighborhoods, the homes are typically newer, larger units. However, as nearly all of Firebaugh is considered low resource by TCAC, and the median income is at or below the state median, households throughout the budget range may not have the financial capacity to complete needed repairs on aging homes.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-85 Another measure of substandard housing conditions is the presence of kitchen and plumbing facilities.
However, the 2015-2019 ACS estimated that there are no units, either owner- or renter-occupied, that are lacking a complete kitchen or plumbing that are indicators of habitability and condition.
Through Program 27 the City will continue to use code enforcement and abatement processes to bring substandard housing units and residential properties into compliance with City codes, and will provide information about rehabilitation assistance programs. The City will pursue CDBG funds to provide rehabilitation assistance funding as part of Program 9 and will include weatherization improvements in these projects as part of Program 29.
Homelessness
In January 2022, the Fresno-Madera Continuum of Care (FMCoC) published its Homeless Census and Survey Report (Point-in-Time [PIT]) count, which estimated 3,938 persons experiencing homelessness in Fresno County. Of that number, 1,728 persons were sheltered homeless and 2,210 were unsheltered homeless (Table 2-35, Total Unsheltered and Sheltered Homeless Count: Fresno County [2022] in Section 2: Housing Needs Assessment). Of this population, 3,397 individuals were counted in the City of Fresno and the remaining 541 were in the remainder of the county.
Throughout the FMCoC area, which includes Madera County, approximately 60.0 percent of the homeless population identified as male, 29.0 percent as female, and 1.0 percent as transgender. Approximately half of the population identified as Hispanic, 6.0 percent identified as Native American or Alaska Native, 3.7 percent as Asian, 15.6 percent as Black or African American, 0.8 percent as Native Hawaiian or Pacific Islander, 60.6 percent as White, and 12.8 percent as multi-racial or belonging to another race. Additionally, 205 people, or 4.9 percent of the homeless population, were veterans, 15.0 percent were survivors of domestic violence, and 19.0 percent had a serious mental illness. While the age of homeless persons was reported generally, it did not identify the senior population. The PIT report does not distinguish the characteristics of the homeless population in Fresno County, so it is assumed that these statistics generally represent the Fresno County population. Further, the 2022 PIT does not identify the locations of those individuals in the remainder of the county. However, in 2021, the County of Fresno released a Homelessness Update that identified 3 homeless persons in the City of Firebaugh, approximately 1.5 percent of the homeless population in the “rural informal county,” which includes the cities of Coalinga, Firebaugh, Fowler, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, and Selma, and the unincorporated communities of Raisin City and West Park. According to the Firebaugh Police Department, the City has approximately four homeless community members as of March 2024.
These residents tend to live in areas long the river, on the city’s north side, though they do not stay on a fixed site. Some sites along the river are in close proximity to spaces such as parks and services for families such as Head Start buildings. The river is also only a short distance from super markets located along N Street.
APPENDIX 1C: CITY OF FIREBAUGH
1C-86 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Table 1C-10, Demographic Characteristics of Homeless Population, 2022, identifies the proportion of each of the protected characteristics identified in the 2022 PIT compared to the proportion of each Fresno County jurisdictions’ population, to identify whether any protected classes are disproportionately represented as part of the homeless population. The percentages for a protected characteristic population in bold are overrepresented in the homeless population compared to that jurisdiction’s total population. It is worth noting that, given the small size of the homeless population in Firebaugh, it is unlikely that all protected characteristics are represented. However, without data available at the jurisdiction level, it is assumed that the percentages of each protected class apply to the local homeless population.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-87 TABLE 1C-11 DEMOGRAPHIC CHARACTERISTICS OF THE HOMELESS POPULATION, 2022 Jurisdiction Veteran Mental Disability Hispanic Native American/Alaska Native Asian Black/African American Native Hawaiian/Pacific Islander White Other/Multiple Races Total Homeless 4.9% 19.0% 50.0% 6.0% 3.7% 15.6% 0.8% 60.6% 12.8% Clovis 7.0% 4.7% 32.7% 0.2% 10.7% 2.6% 0.2% 49.5% 4.0% Coalinga 4.4% 5.1% 62.0% 2.0% 1.9% 2.9% 0.5% 28.2% 2.6% Firebaugh 1.3% 2.2% 94.1% 0.0% 0.1% 0.0% 0.0% 5.8% 0.1% Fowler 6.4% 3.9% 65.2% 0.3% 9.9% 0.4% 0.0% 19.8% 4.4% Fresno 5.1% 6.3% 49.7% 0.5% 14.0% 6.9% 0.1% 26.1% 2.7% Huron 1.1% 1.8% 94.5% 1.8% 0.0% 0.3% 0.0% 3.4% 0.0% Kerman 3.9% 5.7% 81.7% 0.0% 4.4% 0.3% 0.0% 12.0% 1.4% Kingsburg 7.0% 4.0% 47.7% 0.0% 7.9% 0.3% 0.0% 41.0% 2.7% Mendota 0.5% 2.2% 96.0% 0.1% 0.0% 0.0% 0.0% 3.6% 0.3% Orange Cove 7.0% 2.6% 95.3% 0.0% 0.0% 1.2% 0.3% 3.0% 0.1% Parlier 1.1% 2.4% 97.7% 0.0% 0.2% 0.0% 0.0% 1.8% 0.2% Reedley 4.1% 4.0% 79.3% 0.2% 2.3% 1.5% 0.1% 14.2% 2.4% Sanger 3.6% 3.6% 80.5% 0.5% 3.0% 0.0% 0.3% 15.0% 0.7% San Joaquin 0.8% 1.5% 97.5% 0.0% 0.0% 1.0% 0.0% 1.5% 0.0% Selma 3.6% 3.5% 85.0% 0.1% 1.8% 0.9% 0.0% 10.7% 1.6% Unincorporated County 5.7% 4.8% 47.7% 0.6% 7.5% 2.0% 0.1% 39.6% 2.5% Sources: FCOG Data Packet, 2022; Fresno/Madera Continuum of Care, 2022; 2016-2020 ACS APPENDIX 1C: CITY OF FIREBAUGH
1C-88 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 As seen in Table 1C-10, Demographic Characteristics of Homeless Population, 2022, all protected characteristics are overrepresented in the majority of Fresno County jurisdictions, with individuals with mental disabilities and residents that identify as Native American, Alaska Native, Black, African American, Native Hawaiian, Pacific Islander, White, or Other/Multiple Races being overrepresented in all Fresno County jurisdictions. Homelessness is often a cross-jurisdictional issue; therefore, the City participates in, and offers, several homelessness resources and programs that are available regionally, identified in Table 1C-11, Services to Address Homelessness.
TABLE 1C-12 SERVICES TO ADDRESS HOMELESSNESS
Service/Resource Description Operator Location
Multi-Agency Access
Program (MAP Point)
Traveling food truck and fixed locations
that provide linkage to government
resources and services (housing,
behavioral health, physical health, food
linkages, and transportation) at no cost to
all residents of Fresno County
Fresno County
Department of Behavioral
Health (funding)/ Kings
View Corporation
(operation)
Countywide
Physical locations:
Firebaugh, Fowler,
Fresno, Huron,
Kerman, Mendota,
Parlier, and Reedley
Fresno County
Behavioral Health
WARM Line
Available during weekday business hours
for non-emergency emotional and coping
support for residents throughout the
county
Fresno County
Department of Behavioral
Health
Countywide
Multi-Agency Response
to Community
Homelessness
(MARCH)
Countywide collaboration to address
homelessness through coordination of
resources regionally and crossjurisdictionally, engagement of the community, attracting private funding to
support community-specific programs, and
inclusion of rural representatives selected
by FCOG
FCOG/Jurisdictions Countywide
Turning Point of Central
California
Mental health services including a fullservice partnership program Contracted by Fresno
County Department of
Behavioral Health
Countywide
Fresno County
Department of Social
Services Homeless
Assistance
Temporary housing, permanent housing,
or arrears payments for families eligible
for CalWorks once during a 12-month
period
Fresno County
Department of Social
Services
Countywide
Catholic Charities
Clothing, shelter, diapers, a food pantry,
rent and mortgage assistance, DMV ID
vouchers, application assistance for
CalFresh and food stamps, application
assistance for PG&E discounts, assistance
with immigration services, and senior
companionship assistance. Also has a
Rural Outreach Program to serve residents
throughout the region and work with
migrant farmworkers.
Catholic Charities
Countywide
Physical location:
City of Fresno
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-89 Service/Resource Description Operator Location
Emergency Housing
Voucher
Assist persons experiencing, at-risk of
becoming, or recently homeless and those
fleeing domestic violence, dating violence,
sexual assault, stalking, or human
trafficking
Fresno Housing and
FMCoC Countywide
United Way
Emergency informational services to
connect persons in need with Homeless
Prevention Programs, food and shelter
assistance, help with landlord-tenant
issues, legal services referrals, and more
United Way Countywide
Groceries2Go
Provides grocery boxes of shelf-stable
food items through an appointment-based
system.
Central California Food
Bank Countywide
CalFresh Enrollment
Assistance
Application assistance and assistance
navigating the CalFresh process.
Central California Food
Bank Countywide
Fresh Produce
Distribution
Mobile Pantry Program and Neighborhood
Markets operating out of self-contained
vehicles that travel to rural and remote
areas throughout the county. A schedule of
distribution locations is available online.
Central California Food
Bank Countywide
Senior Hunger Program Food boxes to senior-serving partners tailored to the dietary needs of seniors.
Central California Food
Bank Countywide
Partner Feeding Sites
Provides food to over 220 sites including
churches, community centers, and other
organizations to feed hungry residents in
local neighborhoods
Central California Food
Bank Countywide
USDA Partnership Distribute food acquired by the USDA to 47 organizations in Fresno County.
Central California Food
Bank Countywide
Fresno County Food
Map
Online service mapping locations of
feeding sites, food banks, etc. Fresno County Countywide Projects for Assistance
in Transition from
Homelessness (PATH)
Street outreach for people experiencing or
at risk of homelessness and referrals to
housing resources, medical care, mental
health counseling, and social services.
Fresno County
Department of Behavioral
Health (funding)/ Kings
View Corporation
(operation)
Countywide
Emergency shelters also include Marjaree Mason Center, Fresno Rescue Mission, Evangel Home Inc., and Plaza Terrace.
Through Program 3 the City will address ongoing homeness issues by cooperating with neighboring cities, the County, and other agencies in the development of programs aimed at providing homeless shelters and related services. As part of the zoning code amendments that will be made through Program 21, the City will permit lowbarrier navigation standards and permit transitional and supportive housing in a manner that complies with State law.
APPENDIX 1C: CITY OF FIREBAUGH
1C-90 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Farmworkers
As discussed in the Regional Assessment of Fair Housing, farmworkers are considered a special needs group because they traditionally earn low wages and often migrate between farms, resulting in many farmworkers living in overcrowded and substandard housing conditions. Although Fresno County’s overall economy has historically been largely based on agricultural operations, the number of farmworkers living in each of the jurisdictions in the county in more recent years varies depending on location, size, and diversification of their individual economic base. Further, prior to the COVID-19 pandemic, the industry started shifting toward recruiting and employing H2A visa workers, many of whom are from Mexico and Central America. However, farmworkers are essential to Fresno County’s and Firebaugh’s economies as well as to local and national food supplies, and their needs for safe and affordable housing resources must be addressed.
The 2017 Census of Agriculture identifies 106 farm operations within the 93622 zip code, which includes Firebaugh. However, this zip code includes land in unincorporated Fresno County to the north and south of Firebaugh, as well as land within Madera and Merced counties to the north. There are also 136 farm operations in the 93620 zip code in Merced County north of Firebaugh. It is likely that some portion of the farm operations in these zip codes, particularly in the areas closest to Firebaugh, employ farmworkers that reside or use resources in the city.
According to the 2016-2020 ACS, 40.7 percent of Firebaugh’s labor force is employed in agriculture, forestry, fishing and hunting, and mining, lower than the cities of Huron, Mendota, San Joaquin, and Orange Cove, yet above most jurisdictions in the eastern portion of Fresno County (see Table 2-39, Estimated Farmworkers 2020, in the HNA). Although other jurisdictions with lower proportions of employees in these occupations may have larger numbers of farm laborers, the concentration of persons employed as farmworkers in Firebaugh is significant. While it is possible that not all these workers are engaged in farm labor, the data allow comparisons between jurisdictions and to gauge segments of the population at risk of overpayment, overcrowding, substandard housing conditions, or displacement.
Based on the most recent (2022) farmworker employment figures collected by the California Employment Development Department (EDD, there are 96,300 farmworkers employed throughout the county, yet farmworker housing facilities for only 2,540 occupants were contracted by H2-A employers and farm operators according to the HCD Employee Housing Facilities Permit Services database. Although this is equivalent to only about 2.6 percent of farmworker employment countywide, it is important because H2-A workers must be provided with housing accommodations. The seasonal and often migrant nature of farm labor, and accounting for undocumented workers, suggest that this data may underrepresent the actual farmworker population, because undocumented residents do not often participate in traditional data collection.
The COVID Farmworker Survey, Phase 1 Report, by the California Institute for Rural Studies, published in February 2021, estimates that undocumented workers comprise approximately 50 percent of workers statewide.
They are predominantly Mexican, and the majority are Mixteco and Trique, indigenous non-Spanish-speaking people. According to the article “In the Valley of Fear,” published in December 2018 on workingimmigrants.com, SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-91 most of the farmworkers in the San Joaquin Valley have been working the fields for at least a decade and have established families in the vicinity of their workplace.
Between September 2021 and January 2022, Fresno County conducted a Farmworker Survey and a Farmworker Employer Survey. A second round of each survey was conducted between February 2022 and July 2022. In total, the County surveyed 240 farmworkers and 170 farm employers. Only one respondent to the Fresno County Farmworkers Survey reported residing in Firebaugh, on a H-2A visa. Countywide, 37.0 percent of the respondents reported being citizens, 38.2 percent reported being permanent residents, 16.0 percent identified their status as undocumented workers, 6.3 percent did not respond, and 1.3 percent had H-2A visa status. Due to the small representation of respondents residing in or near Firebaugh, a definitive determination of the proportion of undocumented workers cannot be made; therefore, the representation of undocumented workers throughout Fresno County as reported by the farmworkers survey may be applicable to the farmworker population in Firebaugh and surrounding communities.
According to the EDD, the most recent data from 2014 measured median wage for farmworkers at $13.44 per hour or approximately $25,804 per year for full-time work, which is considered extremely low income, correlating with the 2019 poverty threshold of $25,750. Seasonal workers without a year-round income could have lower incomes.
The median income in Firebaugh is $36,411, and 30.3 percent of the population lives below the poverty threshold.
While 92.5 percent of the households in the city are Hispanic, 91.4 percent of the total households in poverty in the city are Hispanic households. The findings from the Fresno County Farmworker Survey indicate that 99.6 percent of farmworkers surveyed countywide are Hispanic. When the ACS 2016-2020 data that 40.7 percent of the labor force in Firebaugh is employed in agriculture is combined with the above poverty and EDD wage data, it suggests that a majority of the labor force employed in agricultural industries are Hispanic (see HNA Table 2 10, Employment by Industry), and it is likely that many of these workers have incomes below the poverty threshold.
To meet the housing needs of the farmworker population in Firebaugh, as shown by Table 1C-12, Farmworker Housing Facilities in Firebaugh, the HCD Employee Housing Facilities Permit Services database identifies 50 units of employer-provided farm housing with total capacity for 139 workers in Firebaugh. However, though these units are listed as being in Firebaugh, 25 units are not physically within the city boundaries, but in the 93622 zip code. An additional 535 units are provided for H-2A workers as a requirement of the H-2A visa contracts. According to the 2021 TCAC/HCD mapping, these facilities are all in low resource areas, limiting access to resources and amenities while contributing to the concentration of lower income households and populations of color.
APPENDIX 1C: CITY OF FIREBAUGH
1C-92 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-13 FARMWORKER HOUSING RESOURCES IN FIREBAUGH
Name of Facility Location # of
Rooms
Maximum
Occupancy
On-Site Farmworker Housing Facilities
Growers Co.
Maldonado Plaza 1779 Thomas Conboy Ave-Firebaugh 25 100 Vaquero Farms, Inc. 431 North Fairfax-Unincorporated County 5 5 Panoche Water District 52027 W. Althea-Unincorporated County 5 5 Davis Farms 7300, 7320, 7352 Jerrold Avenue and 29478,39500, 39544, 39550 West Bullard Ave.- Unincorporated County 7 21
J & J Farms 36245 W. Ashlan – Unincorporated County 8 8 Subtotal 50 139
H-2A Visa Farmworker Housing Facilities
Motel 33 445 N. Street - Firebaugh 27 81
Peri & Sons
Maldonado Plaza
Peri & Sons Farms
Ranch Nuevo
1779 Thomas Conboy Ave4885 W. Nees Ave
Same – Unincorporated County
39 42
48 236
84 96
Best Western Apricot Inn 46290 West Panoche Rd – Unincorporated County 19 38 Subtotal 175 535
Total 225 674
Source: HCD Employee Housing Facilities Permit Services database, January 2023.
Note: Facilities reported in operation as of 12/31/2022.
Overall, farmworker housing is available for 674 farmworkers in the Firebaugh area, resulting in a shortfall of units for almost 400 farmworkers, and likely their families, counted in the 2016-2020 ACS. Given the shortage of farmworker housing, many farmworkers are likely forced to pay market rate for housing or find other options, such as sleeping in vehicles or garages. In addition, with the exception of Maldonado Plaza, the majority of farm labor housing is dormitory or hotel room style and generally not suitable for families. Farmworkers that are citizens and permanent residents may have access to the additional 340 affordable multifamily housing opportunities in Firebaugh, but they must compete with other lower-income households for the limited number of units. For undocumented workers, options are more limited, and a large number of farmworkers, even permanent residents, may live in spaces not intended for habitation, such as shacks, outbuildings and sheds, and converted garages, often in severely overcrowded conditions.
Permanent resident farmworker households are included in ACS estimates and therefore part of CHAS housing need estimates. Consequently, the housing needs of lower-income farmworkers are not differentiated from other lower-income households experiencing overpayment, overcrowding, and substandard housing. With more than onethird of the labor force in Firebaugh reported to be employed in agricultural-related operations, farmworkers may SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-93 comprise a large proportion of extremely low- and very low-income households experiencing one or more of these housing problems. Based on the Fresno County Farmworker Survey, 81.7 percent of respondents from throughout the county reported incomes below $2,500 per month, which corresponds to an extremely low-income household of four. The one respondent of the Fresno County Farmworker Survey from Firebaugh had an income below $2,500 per month; it is likely that farmworkers earn similar wages countywide and those local to Firebaugh would have similar challenges securing affordable housing.
Based on socioeconomic and demographic characteristics of the farmworker population in Fresno County, it is likely that many farmworkers in Firebaugh reside in the older neighborhoods with a median income of $28,147 and
27.9 percent poverty rate, including the area north of 15th Street, south of Cline Street, and east of N Street (SR 33), and in the neighborhood that includes Maldonado Plaza and Motel 33.
Citizens, noncitizens with permanent status and H-2A visa workers are eligible for public housing, HCVs, USDA rural rental assistance, and Section 8 project based rental assistance. Section 214 of the Housing and Community Development Act of 1980, as amended, makes certain categories of noncitizens eligible for assistance, including most categories of immigrants, but excludes unauthorized immigrants (e.g., undocumented) and those in temporary status (e.g., tourists and students). Section 214 applies to specific programs—primarily federal rental assistance programs administered by HUD and the USDA—including Public Housing, Housing Choice Voucher, Section 8 project-based rental assistance programs, and rural rental assistance. Undocumented residents are subject to eligibility requirements based on whether Section 214-covered programs are administered by HUD or USDA, which implement different regulatory treatment for mixed-status households based on householder status. For HUD Section 214 projects, an ineligible noncitizen may reside with family members who are eligible to qualify for affordable housing (such as an undocumented single-parent with U.S. citizen children or an undocumented worker married to an eligible householder), although Section 8 benefits are prorated depending on the number of undocumented household members. For USDA Section 214 projects, an undocumented householder would not be eligible to participate in the Housing Choice Voucher program, and therefore would not qualify to live in any of the USDA-assisted affordable multifamily housing complexes (Firebaugh Garden and Maldonado Plaza Farmworkers Apartments), yet a family with an eligible householder that includes undocumented household members (such as a U.S. citizen householder married to an undocumented worker) would qualify to reside in these properties and receive full HCV assistance benefits. This population of assistance-ineligible householders is at higher risk of overpayment, overcrowding, and displacement, compounded by the legal complexities of eligibility and language barriers.
Similar to most jurisdictions in Fresno County, the majority of the residential opportunities in Firebaugh are singlefamily units, which comprise 61.5 percent of the housing stock. However, 40.7 percent of multifamily units and
58.4 percent of duplex units in the city are deed restricted or subsidized as affordable units. Firebaugh also has a high proportion of mobile homes (5.3 percent of the housing stock), which are naturally more affordable than singlefamily residential units and may serve as a valuable housing resource for workers unable to qualify for market rate or affordable rental housing, or other accommodations. Further, 1.4 percent of the dwellings in the city are RVs, vans, or portable trailers. The previous housing conditions analysis indicates that the homes in the lowest income, APPENDIX 1C: CITY OF FIREBAUGH
1C-94 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 central neighborhoods of Firebaugh have smaller, older units interspersed with nonresidential uses, many of which appear to require maintenance or rehabilitation.
The high renter rate in single-family neighborhoods may support the findings of the Farmworker Survey, where respondents countywide indicated their preference for single-family units regardless of owner or renter status.
According to the Fresno County Farmworkers Survey, 95.6 percent of renters responded that they desired to be homeowners. Further, 78.4 percent of the farmworker renter households consisted of three or more persons, of which 93.6 percent had resided in the U.S. for 10 or more years, 3.7 percent less than 10 years, and 2.7 did not respond. The prevalence of households with three or more persons, coupled with the longevity in the U.S. of the majority of the renters and the preference for single family unit type further substantiate the need for housing to accommodate families. However, the lower proportion of owner-occupied housing units suggests that the cost of homeownership, with a median priced home over $300,000, (see Table 2-22, Home Sales Recorded in 2021-22, in the HNA) is more than the majority of households in the city, including farmworkers, can pay based on the 2016- 2020 ACS employment by industry count, and representational incomes reported in the Fresno County Farmworker Survey and EDD reporting.
The Farmworker Survey found that the average household size among farmworkers was 3.9 persons, similar to the average household size in Firebaugh (3.8 persons). In Firebaugh the average household size in the low resource and undetermined resource areas of the city range between 3.2 persons in the older central core area to 4.2 persons in the block group with affordable public housing, affordable multifamily complexes, and Maldonado Plaza.
Homeowner households have a larger household size (3.6 persons per household) than renters (2.5 persons per household). In Firebaugh, 38.0 percent of rental units have three or more bedrooms, but 87.1 percent of singlefamily homes have three or more bedrooms, which can better accommodate large households without overcrowding and support the larger household size among homeowners.
The rate of overcrowding citywide is 15.3 percent, almost double the statewide average, suggesting that farmworker households and other large households may face challenges finding adequately sized units, resulting in households sharing a dwelling or multiple family members sharing rooms. Survey results indicated that 58.4 percent of the farmworkers on a countywide basis were living in overcrowded conditions, with renter households finding units large enough to accommodate household size more of a challenge. Based on this, it is likely that farmworker renter households would have difficulty finding appropriately sized affordable housing in Firebaugh.
In response to the observed need for continued support and housing resources for local farmworkers, the City has included Program 12 to offer technical support in applications for funding construction of farmworker housing.
Displacement Risk
The Urban Displacement Project, a joint research and action initiative of the University of California, Berkeley, and the University of Toronto, analyzes income patterns and housing availability to determine the level of displacement risk at the census-tract level. Levels of displacement risk range from “probable displacement” to “extreme displacement,” with four total levels of displacement risk, if displacement risk is present. All of Firebaugh has been identified to have a “probable displacement” risk level, likely based on the concentration of lower-income SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-95 households (Figure 1C-16, Elevated Displacement Risk). Although Firebaugh meets three of the conditions below, the Urban Displacement Project has not identified any areas within Firebaugh as “vulnerable” compared to elsewhere in the county (Figure 1C-17, Vulnerable Communities Designation). Vulnerability is defined as areas in which the share of very low-income residents is above 20.0 percent (21.1 percent in Firebaugh), and the tract meets at least two of the following criteria:
Share of renters is above 40.0 percent,
Share of people of color is above 50.0 percent,
Share of very low-income households that are severely rent burdened households is above the county median, or
They or areas in close proximity have been experiencing displacement pressures.
The Urban Displacement Project defines displacement pressures as a percentage change in rent greater than the county median for rent increases. The elevated displacement risk, but no vulnerability designation, is likely reflective of a combination of median incomes and housing costs. The ACS estimates that, since 2014, the median income in Firebaugh has increased by 2.7 percent. In contrast, as found in the analysis of overpayment, for-sale home costs have increased by an average of just 0.5 percent annually since 2014, and rental costs have increased by an average of just 0.7 percent annually since 2015. Firebaugh is the only community in Fresno County in which the increase in wages exceeds the increase in both home values and rents, suggesting that the community is not more vulnerable to displacement than any other community, proportionally. However, Firebaugh remains one of the lowest-income communities in the region, which poses a barrier to mobility for residents. In comparison, countywide, median incomes have increased by approximately 4.4 percent annually and rents have increased by 3.2 percent on average. While Zillow does not report countywide home values, the ACS estimates that these have increased by 3.9 percent annually, on average. This suggests that housing costs have remained relatively stable in Firebaugh compared to the region.
APPENDIX 1C: CITY OF FIREBAUGH
1C-96 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-16 ELEVATED DISPLACEMENT RISK
Source: City of Firebaugh, 2023; UC Berkeley Urban Displacement Project, 2022 SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-97 FIGURE 1C-17 VULNERABLE COMMUNITIES DESIGNATION
APPENDIX 1C: CITY OF FIREBAUGH
1C-98 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Other Relevant Factors
In addition to the indicators analyzed previously, there are several other factors that can influence housing mobility and access to opportunity in a jurisdiction. For example, historical development patterns may have resulted in neighborhoods that are largely or exclusively made up of single-family homes, or historical discrimination may have influenced a city’s racial and ethnic composition. Further, given current market trends, newer market-rate neighborhoods may not be financially accessible to lower-income households without overpayment or overcrowding. Other factors may include public and private investment, local regulatory or economic development plans, and historical policies. Those factors that are considered relevant vary between jurisdictions and are described at the local level herein.
Land Use and Zoning Patterns
According to the 2016-2020 ACS, 61.5 percent of the housing stock in the City of Firebaugh is single-family units, inclusive of single-family attached units, indicating a smaller proportion of single-family units relative to other Fresno County jurisdictions. Duplex, triplex, and fourplex unit types make up approximately 21.4 percent of the City of Firebaugh’s housing units. Conversely, only 10.5 percent of the housing stock consists of multifamily units in structures of five or more units, which is slightly lower than the rate of multifamily housing of this size in Coalinga, and slightly higher than the rate in Kerman. Mobile homes comprise 5.3 percent of the housing stock, with the majority of the units in the Firebaugh Hacienda Mobile Home Park. The remainder of the housing stock consists of boats, recreational vehicles (RVs), and other vehicles, at 1.4 percent.
While in most communities single-family zoning can create desirable places to live, higher entry costs associated with this housing type can pose a barrier to access for lower- and moderate-income households, restricting access to economic, educational, and other opportunities that are available in higher-resource communities. However, in the City of Firebaugh, the existing single-family residential areas are designated low resource by TCAC/HCD metrics. Although market values of homes in the City of Firebaugh are lower than in many of the other jurisdictions in Fresno County, and historically have provided opportunities for home ownership for lower-income households, in the current market, the average single-family home price has risen to over $300,000 for smaller, older homes in the vicinity of the central commercial area (Table 2-22, Home Sales Recorded in 2021-22, in Section 2: Housing Needs Assessment). Based on data presented in Table 2-24, Fresno County Ability to Pay, 2022 in the Housing Needs Assessment, even the average home in the City of Firebaugh would likely cost more than most lower-income households’ ability to pay. Given that 21.4 percent of the population has incomes below 50.0 percent of the AMI, the findings that 62.0 percent of lower-income households report overpaying for housing reflect the trends of rising home prices.
Affordable housing development typically requires high-density zones to support construction; therefore, zones limited to single dwelling units on each lot do not support affordable development. However, multifamily zones are scattered throughout the city rather than being concentrated in one area, with R-1 and R-2 designations directly adjacent to one another in the majority of older neighborhoods in the central portion of the city and in the vicinity of the community college. Additionally, redevelopment efforts in the central commercial core include the potential for mixed-use development with residential units and creative alley-facing dwelling unit configurations As shown SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-99 in Figure 1C-18, Zoning in Firebaugh, there are two zones for multifamily housing, R-2 and R-3. The R-2 lowdensity multifamily zones are primarily found adjacent to commercial zones in the central area of the city on the west side of SR 33 and adjacent to the Firebaugh Middle School and Mills School sites, in census tracts designated on TCAC/HCD Opportunity Area maps as low resource, while the central commercial area has no TCAC/HCD resource designation. The majority of high-density residential zoning is within the northern half of the city. North of Cline Street is a large R-3 site where the three affordable housing complexes, Firebaugh Garden, Mendota Village, and San Joaquin Vista Apartments, are located within a TCAC/HCD low-resource designation. R-2 and R3 zones also surround Maldonado Park; the R-2 zoned neighborhood adjacent to the Maldonado Park has been developed with the Mendoza Terrace and Firebaugh Elderly City of Fresno Housing Authority public housing multiplexes, also within the TCAC/HCD low-resource designation. R-3 zones are primarily adjacent to SR 33 and along the Southern Pacific Railroad, interspersed with commercial and mobile home park zones, up to the northern border of the city, and a large R-2 neighborhood west of Clyde Fannon Road are TCAC/HCD-designated moderate resource, most likely due to proximity to SR 33 and commercial businesses and services.
While lower-density multifamily housing types and the majority of affordable housing complexes, which tend to be more affordable, are largely limited to low-resource areas of the city, the highest-density zones, and the majority of mobile home park designations are sited adjacent to major transportation routes and general commercial zones, yet have higher TCAC/HCD resource opportunity designations.
As part of Program 10 the City will work with housing developers to expand affordable housing opportunities throughout the City through actions such as identifying funding opportunities, offering fee reductions and development impact fee deferrals for affordable and special-needs projects, promoting incentives and the State density bonus, and identifying candidate sites for new projects. The City will also incentivize mixed-use projects and residential uses in commercial zones as part of Program 7. The City will encourage and support the development of housing for Extremely Low-Income Households through Program 13 of the Housing Element. The City will also encourage and facilitate the development of Accessory Dwelling Units through Program 15, which have the potential to be a naturally-occurring affordable housing option located in higher opportunity areas. Through Program 4, the City will provide for a variety of housing types by ensuring that adequate sites are available to meet the City’s Regional Housing Needs Allocation (RHNA) of 443 units.
Historical Development Patterns
The San Joaquin River played a major role in the settling of the valley. Prior to the establishment of the railroad and associated building of bridges, the San Joaquin River was the major thoroughfare to upstream communities.
Ferries were the only means for gold miners and settlers to cross the river heading to gold country in the northwest.
In 1854, the City of Firebaugh was established by Andrew Firebaugh as a trading post and ferry crossing on the San Joaquin River. Today, Firebaugh is one of the oldest towns on the west side of SR 99. Originally named Firebaugh’s Ferry, it also served as a station stop on the Butterfield Overland Stage Route. Firebaugh was also responsible for constructing a toll road between Pacheco Pass and Bell Station in Santa Clara County, which ran parallel to the present SR 33 (also merges with SR 152 which links SR 99 to Interstate 5) and served as a major transportation route between the San Joaquin Valley and the Santa Clara Valley to the west.
APPENDIX 1C: CITY OF FIREBAUGH
1C-100 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Incorporated in 1914, Firebaugh has grown from a ferry crossing to a small agricultural city, although the city’s economy relies primarily on the industrial and manufacturing aspect of agricultural production. While packaging and distribution facilities draw employees from surrounding communities, the city has not had adequate housing resources to support the employment base despite available vacant land. The City of Firebaugh does not have a recent history of exclusionary zoning or discriminatory policies. Currently, two development companies, Arroyo Seco in Santa Barbara, and Cen-Cal General Construction in Fresno, are beginning to construct houses in Firebaugh, while the City is working with potential developers to increase the supply of multifamily units. In 2019, an article in The Business 30th Anniversary Journal, entitled Firebaugh: Overlooked Town has Big Things Coming Its Way, written by Donald Promnitz, reported that many of the out-of-town employees working in Firebaugh are beginning to express intent to live in the city if housing mobility opportunities are available, suggesting a need for new housing.
Public Investment Patterns
Public and private investment typically includes construction, maintenance, and improvements to public facilities, including infrastructure, acquisition of land, and major equipment. Historically, investment in the City of Firebaugh has been prioritized based on need and available funding, which has prevented disinvestment in any particular area of the city. However, major infrastructure or facilities in need of improvement are identified for investment in the City’s Annual Budget. Capital improvements are funded from a variety of sources that can each be used for specific purposes. These funds are allocated to improve roadways and other transportation infrastructure, complete Central Firebaugh Revitalization Plan improvements identified in the 2035 General Plan, and other projects, including:
Central Commercial Area Roadway Improvements. The City will complete street paving on 14th Street, J Street, and 10th Street, beautification project on O Street from 14th to 10th Street, and alley paving in downtown to support intensification of commercial and residential uses recommended by the Central Firebaugh Revitalization Plan, promote place-based revitalization, and improve circulation and safety in older residential neighborhoods.
Dunkle Park Renovations. The City will facilitate improvements to Dunkle Park playground and the basketball area to upgrade recreation amenities for residents and increase access to outdoor recreation and healthy spaces.
Highway 33 (SR 33) Improvement Projects. The City has identified funding to pave Highway 33 from Morris Kyle Drive to Douglas Avenue and implement bridge repair and improvement projects on Highway 33. The goal of this project is to improve vehicular access to commercial services, recreation facilities, and employment opportunities in commercial and business areas, as well as upgrading access to neighborhoods within the city. School Site Sidewalk Repairs. To improve community safety and access to educational resources, the City will complete sidewalk repairs around the schools.
Infrastructure Installation for Industrial Project: To provide a shovel-ready site to increase employment opportunities for residents, the City will install water, sewer, and storm drainage infrastructure to 40 acres of industrially zoned land near Tomatek at the intersection of Highway 33 and Bullard. Habitat for Humanity Affordable Housing. To increase the supply of affordable housing choices, the City facilitated the transfer of property deed for affordable San Joaquin Vista Apartments at 500 P Street, in proximity to services and amenities, with access to West Hills College Firebaugh.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-101 West Hills College Firebaugh Center. The West Hills Community College District completed a new, threeacre campus in downtown Firebaugh, following an allocation of $44 million in state funds for the project in 2021. The goal of the project was to improve access to educational opportunities for students by replacing the original building and improving the site with amenities, new roadways, and landscaping. Veterans of Foreign Wars (VFW) Hall Completion. The City completed construction of a new VFW hall for community events on the corner of P Street and 13th Street in June 2021. The goal of the project was to replace the outdated structure and further contribute to place-based revitalization of the downtown, while providing residents increased access to amenities.
Police and Fire Station Upgrading. The City is completing new police and fire stations in Courthouse Park.
These projects will move both departments from older, outdated buildings to larger structures (in the case of the Fire Department a new building).
Priority is based on projects that will result in the greatest community benefit, mitigate existing issues, and address public demand and need, focusing on creating a more viable mixed-use downtown area integrating creative residential housing opportunities, and establishing a gateway to the city.
Local Knowledge
The Central Firebaugh Revitalization Plan, adopted in 2006, illustrates that new commercial development in Firebaugh may capture some of the retail “leakage” that currently occurs, with the objective of providing a significant opportunity for increased vitality and viability of O Street businesses. The creation of a distinct, walkable central city core is intended to increase the desirability of the city to attract new businesses and residential developers and improve access to resources for current and future residents. The focus was ensuring that new development will be designed and strategically positioned to complement, rather than compete with, the existing O Street environment, which is not only the location of scattered commercial business and services, but also an existing resource for more affordable rental and ownership housing neighborhoods. The City’s design consultant, Opticos Design, explored the potential long-term creation of a new mixed-use center at the intersection of Highway 33 and 12th Street, which could combine new retail, civic, office, and housing development organized around a public plaza that would provide O Street with a strong southern anchor and provide the community with a “front door” image that would be unique and positive.
It was envisioned that current underutilized and vacant land along the east side of O Street between 11th and 12th Streets could, in the future, be developed with a new City Hall or other civic use, providing a strong visual backdrop to the public plaza. Along its northern and southern sides, new, two- to three-story, mixed-use buildings could house ground-floor retail with housing and offices above. The plan recommended that in the short term, the City should focus on making physical street improvements to O Street that can make the street more appealing to shoppers, particularly between 9th Street and 12th Street. Several of the recommended improvements to promote accessibility were included in previous Capital Improvement Programs (CIPs) and included:
SR 33 sidewalk upgrades
SR 33 bike lane installation
SR 33 landscaping and lighting improvements
APPENDIX 1C: CITY OF FIREBAUGH
1C-102 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Downtown streetscape improvements
Riverfront improvements
Bike route completion
Safe routes to school program
Pedestrian trails
The longer-term benefits of implementation of the place-making objectives of the Downtown Revitalization Plan, and subsequent improvements, including integration of affordable and market-rate housing into the fabric of the downtown would contribute toward increasing access to resource opportunities on a citywide basis, thereby improving low-resource designated residential neighborhoods to moderate-resource areas. Additionally, the City is promoting the attraction of industrial businesses by providing water, sewer, and storm drainage infrastructure to 40 acres of industrially zoned land near Tomatek at the intersection of Highway 33 and Bullard Avenue.
Enforcement and Outreach Capacity
Compliance with Fair Housing Laws
In addition to assessing demographic characteristics as indicators of fair housing, jurisdictions must identify how they currently comply with fair housing laws or identify programs to become in compliance. The City of Firebaugh enforces fair housing and complies with fair housing laws and regulations through a twofold process: review of local policies and codes for compliance with state law, and referral of fair housing complaints to appropriate agencies. The following identify how the City complies with the following fair housing laws:
Density Bonus Law (Government Code Section 65915). The City has included Program 21 to amend the density bonus ordinance to allow up to a 50.0 percent increase in project density depending on the proportion of units that are dedicated as affordable, and up to 80.0 percent for projects that are completely affordable, in compliance with state law.
No-Net-Loss (Government Code Section 65863). The City has identified a surplus of sites available to meet the Regional Housing Needs Assessment allocation. In total, the City’s surplus unit capacity is 110, composed of 97 lower-income units, 9 moderate-income units, and 5 above moderate-income units. Housing Accountability Act (HAA) (Government Code Section 65589.5). The City does not condition the approval of housing development projects for very low-, low-, or moderate-income households or emergency shelters, unless specific written findings are made.
Senate Bill 35 (Government Code Section 65913.4). The City will comply with SB 35 by establishing a written policy or procedure, as well as other guidance as appropriate, to streamline the approval process and standards for eligible projects by September 2023 (Program 25). Senate Bill 330 (Government Code Section 65589.5). The City complies with SB 330, relying on regulations set forth in the law for processing preliminary application for housing development projects, conducting no more than five hearings for housing projects that comply with objective general plan and development standards, and making a decision on a residential project within 90 days after certification of an environmental impact report or 60 days after adoption of a mitigated negative declaration or an environmental report for an SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-103 affordable housing project. The City has included Program 25 to formalize this process by establishing a written procedure to be made available on the City’s website and at public counters. California Fair Employment and Housing Act (FEHA) and Federal Fair Housing Act. The City provides protections to residents through referrals to legal assistance organizations, such as Fair Housing Council of Central California and California Rural Legal Assistance (CRLA) and has included Program 31 to meet with local fair housing and legal aid organizations, and other interested cities in Fresno County, to develop materials or biannual training for landlords on fair housing rights and responsibilities with the intent of reducing, or eliminating, discrimination.
Review Processes (Government Code Section 65008). The City reviews affordable development projects in the same manner as market-rate developments, except in cases where affordable housing projects are eligible for preferential treatment, including, but not limited to, on residential sites subject to AB 1397. Assembly Bill 686 (Government Code Section 8899.50). The City has completed this AFH and identified programs to address identified fair housing issues in Table 1C-15, Factors Contributing to Fair Housing Issues.
Equal Access (Government Code Section 11135 et seq.). The City offers translation services for all public meetings and offers accessibility accommodations to ensure equal access to all programs and activities operated, administered, or funded with financial assistance from the state, regardless of membership or perceived membership in a protected class.
Fair Housing Outreach
Regional outreach efforts for the Multi-Jurisdictional Housing Element included interviewing Fair Housing of Central California (FHCC) for feedback on housing need, fair housing concerns, and opportunities to affirmatively further fair housing throughout the county. FHCC is a non-profit, civil rights organization dedicated to the elimination of discrimination in housing and the expansion of housing opportunities for all persons. They accomplish this through advocacy, assistance for victims of discrimination, and enforcement of fair housing laws.
In response to the request for input, FHCC noted that the most common fair housing issues reported throughout Fresno County are discrimination on the bases of disability and race. Further, they expressed concern about the aging multifamily housing stock becoming uninhabitable due to physical conditions. However, given the shortage of affordable housing in the region, FHCC noted that many units that have already physically deteriorated are still occupied, posing a risk to occupants. Discrimination by landlords or agents as well as deliberate segregation has resulted in fair housing concerns, particularly for protected and special needs populations, such as persons with disabilities and lower-income households.
FHCC emphasized a need for more government involvement in enforcement of fair housing laws. Currently, affordable housing options are often concentrated in specific neighborhoods. When developers are encouraged to continue to build affordable units in these areas as a result of zoning or other government regulations, this results in either intentional or unintentional segregation based on income. When asked about opportunities for local governments to actively improve outreach regarding fair housing and to combat existing issues, FHCC identified several opportunities including local rent controls to manage affordability and reduce displacement risk, code APPENDIX 1C: CITY OF FIREBAUGH
1C-104 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 enforcement to ensure a safe and habitable housing stock, funding fair housing groups such as FHCC to enforce fair housing laws, and adjusting regulations or encouraging development of a variety of unit types and sizes throughout the jurisdiction to promote mobility and integration.
In response to the feedback received, the City has included Program 31 to improve fair housing outreach capacity and multilingual accessibility to all public resources, information, and meetings, including fair housing resources.
This program also includes steps to establish a procedure to connect residents with fair housing organizations, make information readily available and accessible on the City’s website and in public buildings, and conduct biannual trainings for landlords on fair housing laws, rights, and responsibilities.
Discrimination Cases
In its 2020 Annual Report, the California Civil Rights Department (previously Department of Fair Employment and Housing) reported that it received nine housing complaints from residents of Fresno County, approximately 1.0 percent of the total number of housing cases in the state that year (880). As part of the Fair Housing Assistance Program (FHAP), the Civil Rights Department also dual-files fair housing cases with HUD’s Region IX Office of Fair Housing and Equal Opportunity (FHEO), reporting them by the origin of the issue.
HUD FHEO reported that there were no cases filed by residents of the City of Firebaugh between January 2013 and April 2021. However, one inquiry was made, though the claimant did not report a basis for discrimination as part of the inquiry and it was therefore not pursued further. While there were no cases in Firebaugh, this does not necessarily mean that there is no discrimination. In some cases, residents may be hesitant to report discrimination, such as in the case of undocumented residents that fear retaliation, or may not be aware of fair housing legal assistance available to them.
Through Program 31 the City will provide fair housing materials in print and online in both English and Spanish and will establish a procedure to refer residents with fair housing questions to the Fair Housing Council of Central Valley (FHC-CC), California Rural Legal Aid (CLRA), and other fair-housing organizations. The City will also coordinate with local service to providers to conduct biannual trainings for landlords and tenants on fair housing laws, rights, and responsibilities. The City will also continue to participate in the countywide Housing Element Technical Committee to collaborate on addressing regional issues such as fair housing (Program 1).
Sites Analysis
The location of housing in relation to resources and opportunities is integral to addressing disparities in housing needs and opportunity and to fostering inclusive communities where all residents have access to opportunity. This is particularly important for lower-income households. AB 686 added a new requirement for housing elements to analyze the location of lower-income sites in relation to areas of high opportunity.
Table 1C-14, RHNA Capacity by Block Groups and Census Tract 84.01 in Firebaugh, presents the RHNA capacity and additional commercially-zoned site capacity by block groups within the single census tract in the city, with the existing conditions of each block group for median income, non-White population, TCAC/HCD resource designations, and jobs proximity index at the block group level. The remaining fair housing indicators are reported SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-105 at the tract level; therefore, all of the unit capacity has been identified with a disability rate of 8.3 percent, a low/moderate-income rate of 69.4 percent, the census tract layer poverty rate is 27.7 percent, an overcrowding rate of 16.3 percent, a 50.5 percent renter overpayment rate, and 30.6 percent homeowner overpayment rate. All block groups qualify as a disadvantaged community with a CalEnviroScreen score in the 90.4th percentile, with characteristics of vulnerability to displacement and disproportionate housing need.
Figure 1C-18, Block Groups Within Census Tract 84.01 in Firebaugh, shows the location of the six block groups in the city. Census tract 84.01 includes land in the city as well as land in the adjacent unincorporated county to the north, west, and south. As shown, only moderate- and above moderate-income sites are identified in the two block groups (2 and 3) within the main portion of the city. The two block groups on the western side of the city (4 and 6) include individual sites at each income level, as well as a mixed lower- and moderate-income site and a mixed lower- and above moderate-income site in block group 4. Mixed-income sites that include all three income categories are identified in block group 5 in the northeastern portion of the city. Block group 1, the furthest east, identifies only a single infill above moderate-income site, and therefore is not discussed in detail.
APPENDIX 1C: CITY OF FIREBAUGH
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SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-107 TABLE 1C-14 RHNA CAPACITY BY BLOCK GROUPS AND CENSUS TRACT 84.01 IN FIREBAUGH Census
Tract/
Block Group
Existing
Households
RHNA Capacity
AFFH Indicators
Integration and Segregation Access to Opportunity Displacement Risk Low Mod. Above Mod. Median Income Poverty Rate
Low- to
ModerateIncome
Population
Non-White
Population
Disability
Rate
R/ECAP
Status
Resource
Designation
Jobs
Proximity
Index
CalEnviro
Screen
Percentile
OverCrowding
Rate
Renter
OverPayment
Rate
Homeowner
Over-Payment
Rate
% Renter
Households
84.01/1 715 0 0 1 $31,667 32.2% 69.4% 98.4% 8.3% No Low 1 90.4 16.3% 50.5% 30.6% 58.5% 84.01/2 190 0 16 22 $28,147 32.3% 69.4% 91.1% 8.3% No N/A 1 90.4 16.3% 50.5% 30.6% 73.2% 84.01/3 427 0 10 46 $56,250 9.2% 69.4% 78.5% 8.3% No Low 1 90.4 16.3% 50.5% 30.6% 24.1% 84.01/4 324 52 21 11 $37,197 43.7% 69.4% 95.8% 8.3% No Low 2 90.4 16.3% 50.5% 30.6% 52.2% 84.01/5 287 189 38 153 $43,718 43.7% 69.4% 91.2% 8.3% No Low 85 90.4 16.3% 50.5% 30.6% 40.2% 84.01/6 255 122 26 28 $43,309 43.7% 69.4% 95.5% 8.3% No Moderate 1 90.4 16.3% 50.5% 30.6% 41.2% APPENDIX 1C: CITY OF FIREBAUGH
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SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-109 FIGURE 1C-18 BLOCK GROUPS WITHIN CENSUS TRACT 84.01 IN FIREBAUGH APPENDIX 1C: CITY OF FIREBAUGH
1C-110 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 The highest proportion of unit capacity, 51.7 percent, is identified in block group 5. This block group encompasses the northern portion of the city, which is primarily undeveloped vacant land with one residential neighborhood and a subdivision in the development phase, and large expanses of unincorporated county to the north and west of the San Joaquin Valley Railroad. This block group was designated by TCAC/HCD as low resource in 2021. Within this block group, 52.1 percent of lower-income, 34.2 percent of moderate-income, and 58.6 percent of above moderate-income unit capacity is identified within three mixed-income parcels. In this block group, the median income is $43,718, and 91.2 percent of the population is non-White, and predominantly Hispanic. More detailed income data at the block group level (ACS 2014-2018) provides additional insight into the area, suggesting that the poverty rate in this block group may be lower than the 27.7 percent census tract rate. Renters represent 40.2 percent of the block group, as compared to the overall tract rate of 53.7 percent. This portion of the city also has the highest proximity to jobs, falling in the 85th percentile. The unit capacity will facilitate mixed-income and integrated, diverse neighborhoods in an area where only single-family units have been constructed as of 2022, help combat patterns of concentrated poverty in other portions of the city with housing mobility opportunities for all income levels, and foster improved access to resources and opportunities for lower-income households.
Just over one-quarter of the unit capacity (23.9 percent) to meet the RHNA is identified in block group 6 in the northwestern corner of the city, bounded by SR 33 on the west and Clyde Fannin Road to the east/southeast. This area has a moderate resource designation within the 2021 TCAC/HCD opportunity areas scale. This area is a mix of scattered single-family residential uses, vacant sites, a mobile home park, and commercial/light industrial uses.
While the rates of residents with a disability, residents with low or moderate income, household overcrowding, and renter and homeowner housing cost overpayment are the same as in other block groups in the city, this block group has a comparable median income to the adjacent block group 5, at $43,409. Block group 6 has a predominantly non-White population rate at 95.5 percent, a predominance of owner-occupied households, with a rental rate of 41.2 percent, and an estimated poverty rate below 20.0 percent. Sites on the north side of the city are estimated to provide
30.0 percent of the lower-income unit capacity, which will foster improved housing mobility and access to opportunities for lower-income residents. The additional housing stock will provide mobility options for existing and future moderate- and higher-income households in a moderate-resource designated area, as well as fostering a more income-integrated neighborhood in the northwestern corner of the city as this area develops.
South of the central downtown area, 11.4 percent of the total unit capacity is identified in block group 4, including land at the northern and southern ends of the block group between the San Joaquin Valley Railroad to the west and SR 33, and a single residential neighborhood bounded by Saipan Avenue to the north, Morris Kyle Drive to the south, and Landucci Drive to the west. The block group is designated a low-resource opportunity area according to TCAC/HCD (2021). Land uses include a mix of older, small single-family homes and small multifamily units, a mobile home park, light industrial uses, storage yards, and vacant parcels. While the proportion of seniors citywide is 10.2 percent, 20.9 percent of the residents in this area are seniors, suggesting a proportion of the residents may have aged in place, as the greater part of the homes in this neighborhood were constructed in the 1970s. With a larger proportion of seniors, there is the possibility that a higher proportion of persons with a disability associated with age may reside in this block group. The median income is $37,197 and the rate of the population with low to moderate incomes is reflective of the overall rate of these income levels in the census tract, although the poverty rate is below the citywide average of 30.3 percent. The population across the block group is predominantly non- SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-111 White, with 95.8 percent of residents identifying as non-White. The rate of cost-burdened households and overcrowding is only available at the tract level, and renters comprise 52.2 percent of the residents, comparable to the citywide rate of 53.3 percent. In block group 4, the City has identified capacity on small infill sites, including
14.3 percent of lower-income unit capacity on sites for small multifamily projects, 18.9 percent of moderate-income capacity, and 4.2 percent of above moderate-income capacity. The inclusion of moderate-income unit capacity fosters housing mobility opportunities for “missing middle income” households, which is in proximity to lowerincome housing, facilitating a more income-integrated neighborhood. The lower-income unit capacity in this area, while providing mobility opportunities, also helps reduce the higher concentrations of poverty in other parts of the city. CalEnviroScreen scores this tract as a disadvantaged community, likely due to adjacency surrounding agricultural operations, major transportation corridors and railroad lines, and the nearby Firebaugh Airport.
Block group 3 has the highest median income in the city ($56,250), correlating with the newer single-family Las Laureles neighborhood in the southern end of the city, older residential neighborhoods with varying sizes and price ranges of homes and lots along the eastern edge of the city in the vicinity of the San Joaquin River, three educational facilities, and older residential adjacent to the commercial uses along SR 33 (N Street). The block group is bounded by 13th Street to the north. The population is more diverse in this block group; 76.0 percent of the residents are Hispanic, and 21.5 percent are White non-Hispanic, and the remainder are primarily Asian residents. Residents of this area are predominantly homeowners, with a rate of 24.1 percent for renters, and a generally lower proportion of households in poverty than the tract-level rate. The City has identified 7.6 percent of the unit capacity in this block group, including 17.6 percent of above moderate-income unit capacity on infill sites in the Las Laureles neighborhood and along the river, and 9.0 percent of moderate-income unit capacity. The inclusion of additional above moderate-income housing provides options for existing and future higher-income households, while the moderate-income units facilitate mobility opportunities for middle-income households off SR 33 in the commercial portion of the block group, providing access to business, services, and transit opportunities. No lower-income units were identified.
The remainder of the unit capacity, 5.2 percent, has been identified in block group 2, which is bounded on the west by SR 33, on the east by the San Joaquin River, the south by 13th Street, and the north by the Poso Canal. There is no 2021 resource designation for this block group, although the 2022 COG based update, which designates the resource indicator at the census tract level as discussed previously, assigns this area as low resource. The downtown commercial core is within this block group, as well as older, scattered residential and small multifamily units, Firebaugh Gateway affordable multifamily complex, and a mobile home park. This block group has the lowest median income in the city, at $28,147, a poverty rate reflective of the citywide poverty rate, and 90.0 percent of the residents are Hispanic, with a total non-White population of 91.1 percent. However, the rate of renter households is
73.2 percent, suggesting that there may be a concentration of cost-burdened renter households in this area.
Moderate-income and the majority of above moderate-income unit capacity is identified on infill sites along SR 33, with a small infill pocket of above moderate-income adjacent to the river to foster mixed-income neighborhoods and higher-income housing mobility opportunities. No lower-income unit capacity is identified in this area.
APPENDIX 1C: CITY OF FIREBAUGH
1C-112 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Less than one percent of households are located in block group 1, consisting of a single unit inventoried in the above-moderate category (0.4 percent of above moderate capacity). This block group is centrally located in the city, and was identified as a low resource area by TCAC. The block group has a median income of $31,667. Similar to other tracts in the city, more than 90 percent of residents in the block group identify as a race and ethnic group other than White/not Hispanic or Latino.
The City has included Program 17 to support construction of higher-density housing in areas with access to opportunities and encourage integration of a variety of unit types to facilitate mixed-income neighborhoods, combat patterns of income segregation, and provide housing mobility opportunities for a range of households. The distribution of sites identified in Section 1C-2 is based on the availability of sites and potential for development during the planning period.
The following sites inventory discussion includes an analysis of the number of projected units by income category, and total RHNA capacity to further assess the potential impacts of the sites inventory to affirmatively further fair housing.
Potential Effect on Patterns of Integration and Segregation TCAC Resource Category
Figure 1C-19, Percentage of Unit Capacity by TCAC Resource Category, presents the breakdown of unit capacity in Firebaugh by resource opportunity designation. The majority of the total unit capacity (70.9 percent) identified to meet the RHNA is in low-resource areas, 23.9 percent is in the moderate-resource designation, and 5.2 percent is undefined. Because there are no High Resource areas or Areas of High Segregation and Poverty designated in the city, nor areas considered a R/ECAP, they are not reflected on Figure 1C-19.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-113 FIGURE 1C-19 PERCENTAGE OF UNIT CAPACITY BY TCAC RESOURCE CATEGORY Source: 2021 TCAC/HCD Opportunity Map and City of Firebaugh 2023 Firebaugh is designated by TCAC/HCD as moderate resource at the northern entry of the city off SR 33 along the northwestern edge of the city. It should be noted that the 2021 TCAC/HCD resource categories were developed based on a comparison of indicators between jurisdictions in the San Joaquin Valley region, many of which are lower-income communities with higher rates of poverty. Therefore, while tracts may be designated moderate resource, this is in the context of opportunities and potential outcomes in the entire San Joaquin Valley region.
Opportunity for all of the unit capacity has been identified on vacant sites with no residential units, therefore not risking displacement of existing residents.
As discussed in the block group/tract analysis, 23.9 percent of the site potential is identified within the moderate resource area in block group 6 in the northwestern corner of the city, with an economic outcome score in the 65th percentile, and education score in the 16th percentile. Lower-income unit capacity (33.6 percent of lower-income unit capacity) reduces the concentration of lower-income and segregated populations in the central block group 1 area where the majority of affordable housing and dedicated farmworker housing are located, thereby helping to reduce potential for displacement of cost-burdened and/or overcrowded households, and provides housing mobility opportunities for lower-income households in a moderate-resource area. Construction of 23.4 percent of moderateincome and 10.7 percent of above moderate-income unit capacity fosters income integration and housing opportunities for higher-income households, which may potentially improve the economic and educational outcome indicators in this area.
33.6%
23.4%
10.7%
23.9%
66.4%
62.2%
80.8%
70.9%
0.0%
14.4%
8.4%
5.2%
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% Lower-Income Capacity
Moderate-Income Capacity
Above Moderate-Income Capacity
Total RHNA Capacity
Moderate Resource Low Resource Missing/Insufficient Data APPENDIX 1C: CITY OF FIREBAUGH
1C-114 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 The remainder of the site capacity is identified in areas designated by the 2021 TCAC/HCD methodology as low resource, or areas where no designation data is available. While the economic scores vary among the block groups from a low of 25th percentile in the southern block group to 31st percentile in both the western and northeastern portions of the city, the educational outcome scores remain the same all areas of the city. The inclusion of 62.2 percent of moderate- and 80.8 percent of above moderate-income unit capacity in lower-resource neighborhoods, particularly on mixed-income sites in developing northern areas, fosters the potential to increase both the economic outcome and educational attainment scores. The 33.6 percent of lower-income unit potential in low resource areas increases housing supply to meet demand and reduce displacement risk for lower-income households in the central portions of the city, particularly block group 1.
Income
Firebaugh is a community with a limited range of household income levels. The lowest-income neighborhoods (with a median income of $28,147) are found in the central block group, which contains commercial uses, the West Hills College Coalinga–Firebaugh, the Firebaugh Gateway affordable housing complex, and the Plantation Mobile Home Park. This suggests that lower-income households may locate in these areas to access these more affordable housing options. The block group to the southwest of the downtown has a median income of $37,197, encompassing commercial, industrial, and older residential uses. Both of these neighborhoods fall within the very low-income category based on 2020 state income limits for Fresno County.
The remainder of the city falls within the low-income category. The northernmost block group has a median income of $43,309. The adjacent block group east of Clyde Fannon Road, where the Mendoza Terrace public housing development is located, has a median household income of $31,667, although only a single unit is identified in this neighborhood. The highest median household income ($56,250) is found in the southern Las Laureles neighborhood.
As shown in Figure 1C-20, Percentage of Unit Capacity by Median Income, 16.8 percent of unit capacity has been identified on sites within very low-income neighborhoods in the central downtown/West Hills College block group, and the western portion of the city between the San Joaquin Valley Railroad and SR 33, with the remainder in low-income neighborhoods throughout the city. Potential for 14.3 percent of lower-income unit capacity is identified on infill sites for small multifamily projects in the very low-income block group 4 on the western edge of the city. The lower-income unit capacity, while providing housing mobility opportunities, reduces potential for displacement of households in poverty and allows them to remain within their neighborhoods, and also helps reduce the conditions of overcrowding and cost burden in other parts of the city.
In addition, 33.3 percent of moderate-income capacity and 13.2 percent of above moderate-income capacity is identified in this area of the city, potentially stimulating place-based revitalization in this industrial and older residential neighborhood and facilitating more income-integrated neighborhoods. The inclusion of higher-income unit capacity fosters housing mobility opportunities for moderate- and higher-income households in proximity to lower-income housing, facilitating a more income-integrated neighborhood.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-115 The majority of lower-income unit capacity (85.7 percent) is identified on sites within low-income areas, including sites at the northern entry to the city and within mixed-income sites in the developing northern section of the city.
The inclusion of 66.7 percent of moderate-income unit capacity and 86.8 percent of above moderate-income unit capacity in these low-income areas fosters income integration and may help facilitate place-based revitalization, while the inclusion of lower-income unit capacity increases lower-income housing stock and housing mobility opportunities for lower-income households, a portion of which are in a moderate-resource designation.
FIGURE 1C-20 PERCENTAGE OF UNIT CAPACITY BY MEDIAN INCOME Source: 2020 HCD State Income Limits, 2015-2019 ACS, City of Firebaugh 2023 Poverty
At the census tract level, the entire city has a poverty rate of 27.7 percent. The majority of unit capacity is identified in the two northern block groups and the western side of the city, providing approximately 81.0 percent of unit capacity. Poverty rates are estimated to be the highest in the city, although a significant portion of this area is outside of the city in the unincorporated county.
To increase lower-income housing stock to address the need for affordable housing so that cost-burdened and overcrowded households can remain in their neighborhoods as well as encourage housing mobility opportunities and promoting reduction of concentrations of poverty in other areas of the city, 33.6 percent of the lower-income unit potential is identified in Block Group 6 and 52.1 percent in Block Group 5 at the western edge of the city. In addition to these lower-income units, 57.7 percent of moderate-income units and 69.3 percent of above moderateincome units are projected in these higher poverty neighborhoods to affirmatively further fair housing through integrated-income development.
14.3%
33.3%
13.2%
16.8%
85.7%
66.7%
86.8%
83.2%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Lower-Income Capacity
Moderate-Income Capacity
Above Moderate-Income Capacity
Total RHNA Capacity
$26,200 to $37,750 (Very Low-Income) $37,751 to $60,400 (Low-Income) APPENDIX 1C: CITY OF FIREBAUGH
1C-116 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 The City has included Program 15 to actively promote construction of ADUs in higher median income areas and monitor affordability of new ADUs to lower- and moderate-income households. The combination of this program and facilitating the development of high-density housing in income-integrated developments, along primary commercial corridors and at the northern edge of the city will help ameliorate concentrations of poverty. The development of these sites will make Firebaugh more accessible to lower-income households, particularly the significant population of farmworker households, while simultaneously increasing housing mobility opportunities accommodating a wider range of incomes.
Race
Overall, communities of color residents comprise 93.8 percent of the city’s population, with Hispanic residents comprising 92.5 percent. As shown on Figure 1C-5, Local Racial Demographics, the distribution of populations of color ranges from 91.1 percent to 98.4 percent across the city, with the southernmost Las Laureles neighborhood with at the lowest percentage of residents of color, at 78.5 percent non-White. Figure 1C-21, Percentage Unit Capacity by Distribution of Non-White Population, indicates that 92.4 percent of the total unit capacity has been identified on sites in areas where the distribution of non-White households is over 90.0 percent, with the remainder in the southern portion of the city with the more diverse population.
All lower-income unit capacity been identified in areas in the northern portion of the city where 91.2 to 98.4 percent of the population identifies as non-White. This includes a neighborhood at the northern entrance to the city along the SR 33 commercial corridor, and east of the currently developed area in mixed-income sites, increasing housing resources with access to transit, and anticipated commercial uses and services. This will also increase lower-income housing mobility opportunities for residents who may otherwise be priced out and are vulnerable to displacement in their own neighborhoods.
FIGURE 1C-21 PERCENTAGE UNIT CAPACITY BY DISTRIBUTION OF NON-WHITE
POPULATION
Source: 2015-2019 ACS, City of Firebaugh 2023
9.0%
17.6%
7.6%
100.0%
91.0%
82.4%
92.4%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Lower-Income Capacity
Moderate-Income Capacity
Above Moderate-Income Capacity
Total RHNA Capacity
70.0 to 79.9 Percent 90.0 to 99.9 Percent
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-117 The majority of moderate-income unit capacity (91.0 percent) and above moderate-income unit capacity (82.4 percent) is identified in neighborhoods where over 90.0 percent of the population identifies as non-White. This unit potential will provide additional housing mobility opportunities for moderate-income households and facilitate more income-integrated neighborhoods in conjunction with additional lower-income unit potential in close proximity, or co-sited as a mixed lower-, moderate-, and above moderate-income site.
Additional capacity for moderate (9.0 percent) and above moderate-income (17.6 percent) units is distributed among areas with 78.4 percent non-White population and higher incomes in the southern Las Laureles subdivision and along the eastern edge of the city in the vicinity of the San Joaquin River, providing housing mobility opportunities for missing middle income households and higher-income current and future residents.
Disability
Approximately 6.6 percent of Firebaugh’s population lives with one or more types of disability. Although there is not a large population of senior residents (10.2 percent) in the city, only 34.2 percent of the senior population in Firebaugh experiences one or more disabilities. The spatial distribution of residents living with disabilities within a single census tract is difficult to specify given the availability of data. However, 20.9 percent of the residents in the western-most block group and 20.8 percent in the central block group 2 are seniors, suggesting there is the possibility that a higher proportion of persons with a disability associated with age may reside in these areas.
Locating units affordable to lower- and moderate-income residents in and around major commercial centers will help to improve access for and accommodate the needs of persons living with disabilities, who often benefit from close access to services and amenities as well as proximity to transit routes.
Unit capacity (11.4 percent of all units) has been identified on the southwest side of the city and5.2 percent of the total in the central West Hills College/downtown area with the highest proportion of seniors and potential persons with disabilities. This includes a combined 12.6 percent of the above moderate-income unit capacity, 33.3 percent of moderate-income unit capacity, and 14.3 percent of lower-income unit capacity. These units would provide additional, affordable, accessible housing supply and mobility opportunities for persons with disabilities in locations close to commercial uses, services, and bus stops along SR 33.
The City has identified the greatest proportion of unit capacity on the north side of the city (23.9 percent) and adjacent areas to the west (51.7 percent) in close proximity to SR 33. Many units in the RHNA inventory and the list of commercial sites identified for surplus capacity are sited in such a way as to encourage income-integrated neighborhoods adjacent to commercial opportunities to enhance accessibility for persons with disabilities.
Familial Status
Although the majority of households in the city are married-couple families, 21.6 percent of total households are single-parent, female-headed households, of which, 41.0 percent have their own children, and 10.6 percent of households are single-parent, male-headed family households. The rate of female-headed households in the city with household incomes below the poverty line is 48.4 percent, which suggests that single-parent, female-headed households may have more limited access to housing. The spatial distribution of single female-headed households APPENDIX 1C: CITY OF FIREBAUGH
1C-118 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 with children in poverty is difficult to establish with data available only at the tract level in a single census tract jurisdiction, but citywide, between 20.0 and 40.0 percent of children reside in a single-parent, female-headed household.
The availability of 75.6 percent of the total unit capacity in the northern end of the city in block groups 5 and 6, including 85.7 percent of lower-income unit potential, increases the opportunities for female-headed households currently experiencing overpayment and/or overcrowding to acquire affordable and adequately sized housing with access to resources to help prevent displacement. The identification of 14.3 percent of the lower-income unit capacity on the southwest side in block group 4 increases the opportunities for female-headed households with children to obtain housing in an area in proximity to educational facilities, commercial areas, and bus stops.
Additionally, moderate- and above moderate-income unit capacity will increase housing mobility opportunities for higher-income single, female-headed households, as well as all other household types, to find appropriate units within Firebaugh. Overall, female-headed households or other single-parent households of any economic status will have access to new housing opportunities, as will persons living alone, seniors, and lower-income families.
Potential Effect on Access to Opportunity
Job and Transit Proximity
With the exception of block group 5 in the northwestern corner of the city, all residential areas in Firebaugh score “furthest proximity,” with scores in the 1st and 2nd percentile according to HUD Jobs Proximity Index scores, which measure employment accessibility in residential neighborhoods (100 being the highest and 0 being the lowest). This is likely due to a lack of a large downtown commercial core and the estimated farmworker population residing in the city who work primarily within farm operations in the unincorporated county. Block group 5, which is largely undeveloped and includes unincorporated land to the north, west, and south of the city, ranks in the 85th percentile, possibly associated with proximity to destinations of farmworkers residing with Firebaugh.
As shown on Figure 1C-22, Percentage of Unit Capacity by Jobs Proximity Index Scores, 51.7 percent of the unit capacity is sited in areas with the highest jobs proximity index score (block group 5), including 58.6 percent of above moderate-income unit capacity, 34.2 percent of moderate-income unit capacity, and 52.1 percent of lowerincome unit capacity on mixed-income sites with close access to SR 33. This can provide housing mobility opportunities for all income levels, close proximity to employment opportunities along SR 33 and in the central commercial area, and access to employment opportunities in the surrounding unincorporated area. Additional unit potential (11.4 percent of all units) is in the southwest corner of the city with a jobs proximity score in the 2nd percentile, although the sites have direct access to SR 33, providing 14.3 percent of lower-income, 18.9 percent of moderate-income, and 4.2 percent of above moderate-income unit capacity in the vicinity of commercial uses. This also provides affordable housing opportunities for farmworkers and other lower-income households as well as housing opportunities for higher-income commuters.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-119 The remaining portions of the city, which have jobs proximity scores in the 1st percentile, also provide access to employment opportunities along the SR 33 commercial corridor, as well as five bus stops that connect to the transit system in Fresno County with access to jobs outside the city. Development of these sites will help to further improve the jobs-housing ratio, with residential development in and near commercial and transit corridors as well as incomeintegrated and mixed-income development, thus improving jobs proximity for city residents.
FIGURE 1C-22 PERCENTAGE OF UNIT CAPACITY BY JOBS PROXIMITY INDEX SCORES Source: HUD 2020, City of Firebaugh 2023
Environmental Health
CalEnviroScreen 4.0 scores for Firebaugh demonstrate adverse environmental conditions citywide, with scores in the 90th percentile (Figure 1C-11, CalEnviroScreen Scores). In Firebaugh, the entire city is considered an SB 535–qualifying disadvantaged community because its CalEnviroScreen scores are in the 75th percentile or greater.
Disadvantaged communities are areas of potential concern regarding fair housing, including disproportionate exposure to environmental hazards and a concentration of vulnerable populations. Commercial agriculture close to Firebaugh may contribute to these adverse environmental conditions. Population indicators that contribute to a population in a census tract being considered “vulnerable,” such as unemployment, linguistic isolation, education, and health factors, may vary between block groups and neighborhoods in the city, although at the tract layer the differences are not identified. Therefore, it is possible that not all areas of the city contain similar concentrations of vulnerable populations.
33.6%
46.8%
37.2%
36.9%
14.3%
18.9%
4.2%
11.4%
52.1%
34.2%
58.6%
51.7%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Lower-Income Capacity
Moderate-Income Capacity
Above Moderate-Income Capacity
Total RHNA Capacity
1st percentile 2nd percentile 85th percentile
APPENDIX 1C: CITY OF FIREBAUGH
1C-120 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 All of the sites inventory capacity has been identified in neighborhoods scoring above the 90th percentile. Many of these sites have been identified along SR 33, the major circulation corridor, in the vicinity of the airfield, around the edges of the city adjacent to agricultural uses, or in the vicinity of industrial or other nonresidential uses, which suggests that these factors may influence the environmental pollution scores. In the southern block group, which has the highest income in the city, a relatively low estimated poverty rate, the lowest proportion of Hispanic residents in the city, and homeowners are the predominant tenure, the population factors that contribute to the overall percentile score may indicate a less environmentally vulnerable community. Site capacity for above moderate-income (9.0 percent) and moderate-income units (17.6 percent) has been identified in this area, which might experience less environmental vulnerability than can be determined at the overall tract level.
However, development potential throughout the community is envisioned to improve environmental conditions through incorporation of outdoor spaces and transitional buffers and screening between residential and nonresidential uses where appropriate, thus promoting environmental sustainability. Additionally, investment in the older residential areas through development of vacant infill sites will help facilitate place-based revitalization and will increase the supply of housing for all income levels in areas where residents are susceptible to displacement due to lower incomes and housing costs. At the same time, it will encourage income integration between and within new development sites. Unit capacity identified in the northwestern block group provides housing mobility opportunities in the moderate resource area of the city, including siting lower-income unit capacity in the vicinity of moderate- and above moderate-income unit capacity for increased neighborhood income integration potential, whereas all additional site capacity will facilitate housing mobility opportunities.
Potential Effect on Displacement Risk
Overcrowding
The total overcrowding rate in Firebaugh is 15.3 percent, and 4.9 percent of Firebaugh households are considered severely overcrowded. Overcrowding is defined as a household having more than one person per room, not bathrooms, porches, balconies, foyers, halls, or half-rooms. Overcrowding is slightly higher among renters (10.5 percent) compared to homeowners (8.2 percent), with 9.3 percent of renter households experiencing severe overcrowding. This indicates a possible shortage of large rental units with multiple bedrooms, or high rental housing costs that force occupants to either rent smaller units than are needed or share spaces with other households or family members. Homeowner households have a larger household size (3.6 persons per household) than renters (2.5 persons per household). As previously discussed, overcrowding is particularly prevalent among farmworker households and Hispanic households. In Firebaugh, the average household size for Hispanic renters is 3.4 persons and Hispanic homeowners is 3.7 persons, compared to White non-Hispanic households with an average size of 2.1 persons in renter households and homeowners with an average of 2.5 persons. Average household size in the city ranges between 3.2 persons in the downtown area with smaller, older housing stock to 4.2 persons in the block group with affordable Fresno Housing Authority public housing, affordable multifamily complexes, and Maldonado Plaza farmworker housing. Higher concentrations of overcrowding may be partially attributed to increasing housing costs, a shortage of available rentals, high proportions of renters with lower incomes, higher rates of poverty, and familial status, compounded by distribution of populations of color, which may result in overpayment or the necessity to double up families in a unit, or share space with other unrelated persons.
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-121 Unit capacity for 9.0 percent of moderate-income unit capacity and 17.6 percent of above moderate-income unit capacity has been identified in the southern block group where homeowner tenure predominates and average household size is 3.5 persons per dwelling. This is lower than the citywide average of 3.8 persons per dwelling.
Based on the low proportion of renter households in these neighborhoods, it is likely that there is a lower rate of overcrowding, and, with the higher incomes and estimated lower rates of poverty in this block group, it may be less of a challenge for households to find housing within their ability to pay that accommodates their household size.
Although unit capacity has not been identified in the block group with the largest household sizes, a predominance of renter households, high rate of poverty and a concentration of affordable housing stock, the lower-income unit potential identified in the northern and western block groups in the city will provide additional affordable housing mobility opportunities at a range of sizes to alleviate concentrations of overcrowding within the respective neighborhoods as well as in the central portions of the city. The remainder of the moderate- and above moderateincome unit capacity will facilitate housing opportunities for higher-income households and ease pressure on the housing stock, thus potentially reducing displacement risk and overcrowding for these households.
Overpayment
In Firebaugh, 24.4 percent of households are cost burdened, and 12.4 percent are severely cost-burdened, for a total of 36.8 percent of all households (Table 1C-9, Cost Burden in Firebaugh, 2010-2018). Of these households, approximately 53.2 percent are renters. In total, 34.2 percent of renters are cost burdened, and 18.1 percent are severely cost burdened, compared to 12.6 percent and 5.6 percent of homeowners, respectively. Lower- and moderate-income households are most at risk of displacement due to overpayment. As discussed previously, Firebaugh consists of a single census tract, so geographic patterns of overpayment, or geographic comparisons between tenures, cannot be specifically discerned within the city.
However, it is likely that the rate of renter overpayment may be higher in areas of the city with a greater distribution of renter households, lower incomes, and higher rates of persons in poverty. As all students in Firebaugh attend the same schools, and as the whole city has a less positive TCAC/HCD anticipated educational outcome score, determining areas of the city with higher incidence of socioeconomically disadvantaged students is not feasible.
Special-needs populations, including female-headed households, large families, persons with disabilities, and seniors often fall into the lower-income category and may be particularly at risk of displacement when housing opportunities at affordable costs, sizes, or access to resources are not available.
Overall, slightly over one-half of households in the city are renters, of which, 50.5 percent are cost burdened. The Downtown/West Hills College area has the highest proportion of renter households (73.2 percent) and the lowest median income, suggesting that a concentration of cost-burdened renters may reside in that area. Lower-income unit capacity is not identified in this block group, so as to not further the concentration of cost-burdened renters.
However, 85.7 percent of lower-income unit capacity has been identified in the developing northern portions of the city in mixed-income sites or in close proximity to proposed higher-income unit capacity to facilitate income integrated neighborhoods. This increases the supply of lower- and moderate-income units in the northeastern side of the city, which is predominantly newer single-family subdivisions, with the majority of lower-income units in close proximity to proposed commercial uses along SR 33. These units will help to alleviate conditions that APPENDIX 1C: CITY OF FIREBAUGH
1C-122 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 contribute to overpayment by reducing the gap between supply and demand for this type of housing, help deconcentrate renter overpayment in the central city area, provide housing mobility opportunities for lower- and moderate-income households, and facilitate income-integration with the inclusion of 69.3 percent of the above moderate-income unit capacity.
Approximately 14.3 percent of lower-income unit capacity and 18.9 percent of moderate-income unit capacity is identified along SR 33 and to the west of the highway where 52.2 percent of households are renters, and have very low income according to 2020 HCD State income limits. In addition,4.2 percent of above moderate-income unit capacity is identified on scattered infill sites. The inclusion of additional affordable housing stock in this area will provide housing mobility opportunities for lower-income households and contribute to the reduction of households at risk of displacement throughout the city, and increase accessibility to commercial uses, transit stops, and services along SR 33 and within the commercial center of the city.
Homeowners comprise just under one-half of households in Firebaugh, and the rate of homeowner overpayment at the tract level in Firebaugh is 30.6 percent, indicating a need for additional housing stock affordable to a variety of potential homeowners. In the southern block group, three-quarters of the households are homeowners, with more positive quality of life indicators than other areas of the city. Therefore, the identification of 17.6 percent of above moderate-income and 9.0 percent of moderate-income units will provide homeownership mobility opportunities for middle and higher-income households seeking to relocate within, or from outside the city, to Firebaugh.
Homeownership is also the predominant tenure in the northeastern block group, which includes one single-family subdivision and no multifamily stock, and a low median income, although higher than the central and western areas of the city. The existing homes in this neighborhood, based on a Zillow.com survey (June 2023) range in sales price between $225,000 and $250,000, which, as presented by Table 2-24 in the Housing Needs Assessment, is affordable to low-income households. Therefore, it is likely that the rate of homeowner overpayment in this neighborhood would not exceed and may be below the tract level rate, although the available housing stock is limited; therefore, potential low-income homeowners might have a difficult time securing a home in this area. However, the new subdivision currently under construction adjacent to this existing resource of affordable single-family housing is available at a higher market price affordable only to moderate-income households without overpayment.
Similar conditions exist in the northwestern block group, where homeownership is also the predominant tenure.
These units are priced above $300,000 and would also be affordable only to moderate-income households. The remainder of the potential owner-occupied units include mobile homes and scattered older units on large lots in various maintenance conditions. However, the presence of this higher priced housing stock, while limiting the stock of units affordable to lower-income households, provides much-needed middle-income housing. The market scan did not find units within the affordability range for above moderate-income households, but higher-income households have the ability to purchase less expensive housing. To provide housing stock and housing mobility opportunities for all income levels, 75.6 percent of the unit capacity has been identified within the northern block groups, including 85.7 percent of lower-income, 57.7 percent of moderate-income, and 69.3 percent of above moderate-income units within a mixed-income neighborhood at the entrance to the city and income-integrated sites with all three levels of affordability in the northeastern area. The inclusion of the moderate- and above moderate- SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-123 income unit potential may also contribute to improving the TCAC/HCD economic outcome and anticipated educational potential scores.
The Downtown/West Hills College area has the lowest proportion of homeowner (26.8 percent) households and the lowest median income, suggesting that although limited, a concentration of cost-burdened homeowners may reside in that area. Because the area has a lower median income, a higher rate of extremely low-income households, and a higher proportion of senior households that may be on fixed incomes, the central core area may have the highest need for affordable ownership stock. Lower-income unit capacity is not identified in this area so as to not further the concentration of extremely low-income households, renter households, and to foster more income-integrated neighborhoods, but5.2 percent of the unit capacity, including 14.4 percent of above moderate- and 8.4 percent of moderate-income unit capacity is located in this area of the city in proximity to commercial and service uses.
Just under 50.0 percent of the residents in block group 4 are homeowners, the majority of whom reside in the Beehive Drive/Cardella Street neighborhood, where older units (built in the 1970s) are affordable to households in the low-income range. However, the median income in this area falls within the very low-income category.
Therefore, it is possible that a higher proportion of residents in this area are overpaying for housing than the rate citywide. The identification of lower- (14.3 percent) and moderate-income (18.9 percent) housing unit capacity in the western area can help de-concentrate rates of overpayment in this neighborhood while providing housing mobility opportunities for all lower and moderate-income households experiencing overpayment and risk of displacement. Above moderate-income unit capacity throughout the city facilitates more income-integrated neighborhoods and provides additional housing stock for above moderate-income households, which may alleviate some homeowner overpayment among higher-income households.
Disaster-Driven Displacement Risk
In Firebaugh, there are a few areas within the older central portion of the city and residential areas in the vicinity of the San Joaquin River that have heightened flood risk, Zone AE (Figure 1C-23, Flood Hazard Zones), including much of the east side of the city south of 13th Street and east of SR 33. Although the Las Laureles neighborhood is excluded from the Zone AE designation, the older residential areas in the western block group where much of the affordable single-family and small multifamily units are located and the upper portion of block group 5 with homes in the moderate-and above moderate-income range all falls within the AE Zone. According to the Fresno County Hazard Mitigation Plan (FCHMP), a total of 464 developed parcels are within the 100-year floodplain.
As shown in Figure 2C-22, Percentage of Unit Capacity Within 100-Year Flood Zone, 13.9 percent of the total unit capacity is in areas identified by FEMA as subject to flooding during a 100-year flood event, including 7.2 percent of lower-income unit capacity, 17.1 percent of moderate-income unit capacity, and 21.8 percent of above moderate-income unit capacity.
APPENDIX 1C: CITY OF FIREBAUGH
1C-124 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 FIGURE 1C-23 PERCENTAGE OF UNIT CAPACITY WITHIN 100-YEAR FLOOD ZONE Source: FEMA
Contributing Factors
Through discussions with stakeholders, fair housing advocates, and this assessment of fair housing issues, the City identified factors that contribute to fair housing issues, as shown in Table 1C-15, Factors Contributing to Fair Housing Issues. While there are several strategies identified to address the fair housing issues, the most pressing issues are the concentration of lower-income households resulting in the R/ECAP designation and exposure of these households to negative conditions such as flood and pollution. While Firebaugh offers valuable affordable housing opportunities that may draw lower-income households to the community, residents face barriers to accessing educational and economic opportunities that present a fair housing concern compared to the region. Prioritized contributing factors are bolded in Table 1C-15 and associated actions to meaningfully affirmatively further fair housing related to these factors are bold and italicized. Additional programs to affirmatively further fair housing are included in Section 1C-1, Action Plan.
92.8%
82.9%
78.2%
86.1%
7.2%
17.1%
21.8%
13.9%
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% Lower-Income Capacity
Moderate-Income Capacity
Above Moderate-Income Capacity
Total RHNA Capacity
No Yes
SECTION 1C-3: LOCAL ASSESSMENT OF FAIR HOUSING
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-125 TABLE 1C-15 FACTORS CONTRIBUTING TO FAIR HOUSING ISSUES AFH Identified Fair Housing
Issue
Contributing Factor Meaningful Actions
High rate of overpayment,
particularly among renters, and
high rates of overcrowding.
High risk of displacement
throughout the city.
Low income levels throughout
the city compared to the cost
of rental housing.
Limited availability of
affordable housing.
Program 4 – Provision of Adequate Sites
Program 7 – Encourage Mixed-Use Projects and
Residential Units in Commercial Zones
Program 10 – Affordable Housing Incentives
Program 13 – Extremely Low-Income Households
Program 14 - Preservation of At-Risk Housing
Units
Program 15 – Encourage and Facilitate Accessory
Units
Program 17 – Housing for a Variety of Needs
Program 30 – Housing Choice Vouchers
Flood risk for some households Floodplain in the southeast area of the city.
Program 18 – Environmental Hazard Mitigation
Program 29 - Weatherization
Limited access to services and
resources
Limited transit connectivity
Distance to a range of job
types
Low school performance
scores
Program 32 – Improve Access to Resources
Displacement risk for persons
with disabilities
Shortage of supportive units
Limited transit connectivity
Program 4 – Provision of Adequate Sites
Program 7 – Encourage Mixed-Use Projects and
Residential Units in Commercial Zones
Program 10 – Affordable Housing Incentives
Program 13 – Extremely Low-Income Households
Program 14 - Preservation of At-Risk Housing
Units
Program 15 – Encourage and Facilitate Accessory
Units
Program 17 – Housing for a Variety of Needs
Program 30 – Housing Choice Vouchers
Program 32 – Improve Access to Resources
APPENDIX 1C: CITY OF FIREBAUGH
1C-126 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 This page intentionally left blank.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-127 SECTION 1C-4: CONSTRAINTS
Land Use Controls
Analysis
General Plan
Land use controls are basically minimum standards in the City's Zoning and Subdivision Ordinances. Zoning is essentially a means of ensuring that the land uses of a community are properly situated in relation to one another, providing adequate space for each type of development. The 2030 Firebaugh General Plan includes four land use designations that allow residential development (see Table 1C-16).
TABLE 1C-16 GENERAL PLAN LAND USE DESIGNATIONS
Designation Maximum Density Typical Uses Compatible Zoning Residential Designations
Rural Residential 2 du/acre Limited to lands where it is advantageous to keep residential densities very low to
protect resources or to reduce exposure of
higher population concentrations to
potential impacts, such as flooding.
U-R, PD
Low Density 6 du/acre, or 21
persons/acre
Reserved for single-family residential
developments and other complementary
uses that are typically associated with
single-family neighborhoods, such as
churches, day-care centers, community
centers, parks, and schools.
R-1, PD
Medium Density 10 du/acre, or 35
persons/acre
Medium-density development could
encompass a mix of single-family and
small-scale multifamily uses, including
duplex, tri-plex, and four-plex units and
mobile home parks. This designation shall
generally be located in areas of the
community that are free from conflicting
land uses, such as industrial and
commercial uses that may generate noise,
hazards, and odors. Distance from
Firebaugh Airport is also a critical issue.
Designations near State Highway 33 and
the Union Pacific Railroad should
generally be avoided.
R-1, R-1-4.5, R-1-5,
R-2, PD
High Density 23 du/acre, or 79
persons/acre
Provide attractive multiple-family
residential neighborhoods. Dwellings
should be designed to have the appearance
of single-family homes, with useable front
porches, parking to the rear, and ample
landscaping along shady, tree-lined streets.
R-2, R-3, PD
APPENDIX 1C: CITY OF FIREBAUGH
1C-128 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Designation Maximum Density Typical Uses Compatible Zoning Commercial General Consistent with
Standards in the R-3
Zone.
Provide for shopping centers, highway
commercial uses, retail uses, and offices.
C-1
Central Commercial Consistent with
Standards in the R-3
Zone.
Intended to protect and foster downtown
Firebaugh by strengthening the
“downtown” atmosphere.
C-2
Commercial Service Consistent with
Standards in the R-3
Zone.
Provides for uses that include a mix of
retail and service-oriented commercial
uses. In particular, uses such as auto repair
should be directed into this category.
C-3
Source: City of Firebaugh Zoning Ordinance, 2022.
Conclusion
The General Plan land use designations offer a range of housing densities in the community.
Recommended Action
None required.
Zoning Ordinance
Analysis
The City’s Zoning Ordinance contains the following zoning districts that allow for residential development (see Table 1C-17).
TABLE 1C-17 ZONING DISTRICTS PERMITTING RESIDENTIAL DEVELOPMENT Zoning District Minimum Lot Size Purpose
RA (Rural Residential) Established but not currently defined in the Zoning Code.
R-1 (Single-Family
Residential) 1 du/6,500 sf of lot area Provide living areas that are generally limited to lowdensity concentrations of single-family dwellings.
R-1-5 (Single-Family
Residential) 1 du/5,000 sf of lot area
R-1-4.25 (Single-Family
Residential) 1 du/4,250 sf of lot area
R-1 (TN) (Single-Family
Residential, Traditional
Neighborhoods Development)
1 du/6,500 sf of lot area
The purpose of the R-1 (TN) districts is to provide livable and pedestrian-oriented residential areas that are generally limited to low-density concentrations of single-family
dwellings. A key feature of the Traditional Neighborhood Zones is the review of architectural character of new
dwellings and emphasis on careful design to encourage a pedestrian-friendly neighborhood environment.
R-1-5 (TN) (Single-Family
Residential, Traditional
Neighborhoods Development)
1 du/5,000 sf of lot area
R-1-4.25 (TN) (Single-Family
Residential, Traditional
Neighborhoods Development)
1 du/4,250 sf of lot area
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-129 Zoning District Minimum Lot Size Purpose
R-2 (Low-Density MultipleFamily Residential) 1 du/3,250 sf of lot area The purpose of the R-2 and R-3 districts is to provide living areas that are limited to medium- and high-density concentrations of multifamily dwellings as well as other uses suitable to the intent of the zone. R-3 (Medium-High-Density Multiple-Family Residential)
1 du/1,500 sf of lot area
C-1 (Neighborhood
Commercial)
1 du/1,500 sf of lot area,
subject to standards of the
R-3 Zone
The purpose of the Neighborhood Commercial district is
to provide for the development of small-scale, lowintensity commercial uses that serve the daily needs of residential neighborhoods that are in close proximity to the shopping center. The design of neighborhood commercial
centers shall be of a scale and design that is compatible with the surrounding residential neighborhoods. In
addition, the design of the center should provide for
pedestrian access from surrounding neighborhoods.
C-2 (Central Commercial) 1 du/1,500 sf of lot area,
subject to standards of the
R-3 Zone
The C-2 district is intended to help strengthen the vitality and character of Firebaugh's downtown commercial
district by establishing an appropriate list of permitted uses and regulating the size and location of buildings, parking lots, landscaping, and other improvements in a
manner that promotes a vibrant, pedestrian-oriented
shopping environment.
C-3 (General Commercial) 1 du/1,500 sf of lot area,
subject to standards of the
R-3 Zone
The purpose of the General Commercial district is to
provide for a wide variety of commercial and service
businesses that cater to the daily needs of Firebaugh and the surrounding area. New development in this zone will occur in buildings and complexes that exhibit high
standards of design, including sites with generous amounts of landscaping; screening of outdoor storage, repair, and assembling areas from the public's view; and where the
impact of noise, vibrations, and light on surrounding
properties are minimized.
MHP (Mobile Home Park) 1 mobile home/2,400 sf of
lot area
The purpose of this section of the Municipal Code is to establish standards for the development of mobile home
parks in Firebaugh. Firebaugh's housing element
acknowledges that these developments are a valuable
source of housing for the elderly and households in the lower- to moderate-income categories. Further, the higher densities of mobile home parks can help to conserve
valuable farmland.
UR (Urban Reserve) 1 single-family dwelling,
not more than one dwelling
per lot, subject to standards
of the R-1 Zone
The purpose of the Urban Reserve (UR) district is to
reserve, in a substantially undeveloped state, areas planned for future urban use where, because the areas currently lack public facilities or services or because the need for urban expansion within them is not immediate, it is
preferable to prevent the development of uses or structures that might be premature or conflict with the future planned urban use of the areas.
PD (Planned Development
Overlay)
Varies The purpose of the Planned Development (PD) overlay district is to promote development designs that respond to significant planning-related issues facing Valley cities, including the need to protect air quality, reduce
urbanization of agricultural land, housing affordability, APPENDIX 1C: CITY OF FIREBAUGH
1C-130 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Zoning District Minimum Lot Size Purpose
traffic, aesthetics, and the desire to promote more livable neighborhoods. The PD overlay district can be combined
with any single-family, multifamily, commercial, or
industrial district identified in the zoning ordinance.
Source: City of Firebaugh Zoning Ordinance, 2016.
Conclusion
The City’s Zoning Ordinance provides for a range of housing options.
Recommended Action
None required.
Residential Development Standards
Analysis
Table 1C-18 lists and describes the residential development standards required in Firebaugh. These development standards are typical and consistent with standards established in surrounding communities. Zoning and development standards are posted on the City’s website, pursuant to Gov. Code Section 65940.1 subd. (a)(1)(B)).
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-131 TABLE 1C-18 RESIDENTIAL DEVELOPMENT STANDARDS
Zoning District Minimum Lot Size Density Height (ft.) Coverage Minimum Lot
Dimensions (ft.) Minimum Setbacks (ft.)
Width Depth Front Rear Side
R-1 6,500 sf 6 du/ac 25 n/a 60 100 20 10 n/a R-1-5 5,000 sf 8 du/ac 25 n/a 50 90 20 10 n/a R-1-4.25 4,250 sf 10 du/ac 25 n/a 40 n/a 10 10 n/a R-1 (TN) 6,500 sf 6 du/ac 25 n/a 60 100 15 10 n/a R-1-5 (TN) 5,000 sf 8 du/ac 25 n/a 50 90 15 10 n/a R-1-4.25 (TN) 4,250 sf 10 du/ac 25 n/a 40 n/a 10 10 n/a R-2 6,500 sf. 1du/3,250 sf of lot area 25 50% 65 100 15 10 5 R-3 7,500 sf. 1 du/1,500 sf of lot area or 20 du/ac 4 25 80% 65 100 15 10 5 C-1 No requirement 1 du/1,500 sf of lot area, subject to standards of the R-3 Zone 35 n/a n/a No requirement 10 No requirement No requirement C-2 No requirement 1 du/1,500 sf of lot area, subject to standards of the R-3 Zone 35 n/a n/a No requirement At least 1/2 of property line must abut building wall No requirement No requirement C-3 No requirement 1 du/1,500 sf of lot area, subject to standards of the R-3 Zone 35 n/a n/a No requirement 10 No requirement No requirement MHP Mobile Home Park 1 ½ ac 1 mobile home/2,400 sf of lot area 25 75%
n/a n/a 15 15 15
Mobile Home 1,500 sf 12 n/a 10 10 5
Source: City of Firebaugh, March 2023. 4 Residential development on parcels larger than 3/4 acre shall have a minimum density of 20 units per acre to ensure affordability, consistent with state affordability standards, unless it can be demonstrated that affordability can be achieved with a lesser density.
APPENDIX 1C: CITY OF FIREBAUGH
1C-132 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Parking
Table 1C-19 summarizes the residential parking requirements in Firebaugh.
TABLE 1C-19 RESIDENTIAL PARKING STANDARDS, FIREBAUGH
Type of Residential Development Required Parking Spaces Single-family residence 2 covered spaces/unit
Second unit 1 uncovered space/unit
Condominium 1 BR 1 covered space/unit
2+ BR 2 covered spaces/unit
Multiple family 1.5 spaces/unit, half of which should be covered (parking is inclusive of guest parking)
Mobile home park 2 covered spaces/unit
1 supplemental space for boats, travel trailers, and other vehicles for each 10 mobile home lots.
1 guest space for every 2 mobile home sites.
Emergency Shelter 1 space/10 beds
Transitional/Supportive Housing 1 space/bedroom plus 1 space/employee Single-room Occupancy 1 space/bedroom plus 1 space/employee Group Care Housing 2 stalls/client
Source: Firebaugh Zoning Ordinance, 2016.
Open Space and Park Requirements
The City requires open space to be set aside in the Mobile Home Park zone.
Conclusion
The development standards are typical for most Central Valley communities and do not pose any potential constraints to the development of affordable housing in Firebaugh.
Recommended Action
None required.
Typical Densities for Development
Firebaugh is a small rural city in Fresno County with the cities of Mendota to the south and Dos Palos to the north.
The city of Madera is to the east of Firebaugh. Due to the distance to the nearest cities, outward growth in Firebaugh is not constrained by their proximity. Single-family residential areas vary in density from 4 to 8 units per acre.
Multifamily densities are typically between 10 and 25 units per acre depending on the land use designation. In the previous planning period, no sites identified to accommodate the lower-income RHNA in the inventory were SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-133 developed below the minimum allowable density of the zone in which they were located, and the City did not receive any requests to develop below the assumed capacity in the sites inventory.
Cumulative Impact of Development Standards
The City evaluated the cumulative impact of its land use controls that limit sites’ building envelope (setbacks, private open space, and parking) and lot coverage restrictions as potential constraints to development. The first step in the analysis was to determine the allowable building footprint given the site size and the maximum lot coverage permitted. The next step was to determine the maximum allowed developable space given the lot coverage and setback and parking requirements. Occupiable area on the second floor, and additional floors, was set equal to the first floor building footprint, based on the smaller of either the maximum lot coverage or the remaining lot area once setbacks and parking spaces were subtracted. Average unit size was calculated by dividing the total occupiable building area by the permitted number of units (site acreage * density). Density bonus units are not factored into the calculations.
Current development standards for zones allowing single-family residential uses were applied to example inventory sites, and zones allowing multifamily housing were analyzed using both example sites from the inventory and hypothetical one-acre sites. Based on this evaluation, none of the land use controls in conventional single-family residential zoning districts would prevent an applicant from reaching the approximate maximum densities, or otherwise constrain housing development.
As shown in Table 1C-20 Cumulative Impacts Analysis, Multifamily Zones, while the hypothetical one-acre site in the R-2 zone (3,250 square foot lot area per unit; maximum 13 units per acre) was able to reach the maximum permitted density, for a project to reach the maximum permitted density per acre on Site 42, the project would need to have a project of 3.65 units. A project with four units would require a larger lot than Site 42 based on the 3,250 square foot minimum lot size per unit indicated in the development standards. However, the difference of a fractional unit is not considered to indicate a constraint to development in this scenario. Additionally, with current development standards, this site is able to exceed the capacity estimated in the inventory. The setbacks, parking, and parking requirements were not found to be a constraint to development. Average unit sizes in both R-2 scenarios were sufficient to accommodate a wide range of unit sizes.
In the R-3 zone (1,500 square foot lot area per unit; maximum 29 units per acre), the City analyzed development feasibility on Site 5, on a site of approximately 6,100 square feet, and on a hypothetical one-acre site. Both the hypothetical and inventory sites in the R-3 were able to reach the maximum permitted density. Development standards for residential projects in the C-1, C-2, and C-3 zone are also subject to the development standards for the R-3 zone. Average unit sizes in both R-3 scenarios were sufficient to accommodate a wide range of unit sizes.
While building heights, setbacks, parking, and open space requirements were not found to be a constraint to development, to allow for flexibility in the R-3, the City will increase the height limit to allow for a three stories (Program 21).
APPENDIX 1C: CITY OF FIREBAUGH
1C-134 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-20 CUMULATIVE IMPACTS ANALYSIS, MULTIFAMILY ZONES Zone R-2 R-3 and Commercial Zones
Site One-Acre
Hypothetical Site 42
One-Acre
Hypothetical Site 5
Area (SF) 43,560 12,197 43,560 6,100
Minimum Lot Area Per Unit (SF) 3,250 3,250 1,500 1,500
Minimum Lot Area Based on Number
of Units (SF) 42,250 9,750 43,500 6,000
Lot Coverage Maximum 50% 50% 80% 80%
Maximum Building Footprint Using
Maximum Lot Coverage (SF) 21,780 6,099 34,848 4,880
Site Area After Setbacks Removed (SF) 36,365 10,367 36,365 5,795 Parking Spaces per Unit 1.5 1.5 1.5 1.5
Area Required for Parking
(Assumes 200 sf per unit) 3,900 900 8,700 1,200
Remaining Site Area After Setbacks and
Parking Removed (SF) 32,465 9,467 27,665 4,595
Maximum First Floor Area (SF) 21,780 6,099 27,665 4,595 Maximum Number of Stories 2 2 2 2
Maximum Building Square Footage 43,560 12,197 55,330 9,190 Units on Lot 13 3 29 4
Average Unit Size (SF) 3,351 4,066 1,908 2,298
Maximum Density Achievable
(Dwelling Units per Acre) 13 11 29 29
Density Permitted
(Dwelling Units per Acre) 13 13 29 29
Source: City of Firebaugh Municipal Code, 2023
Growth Management
Analysis
The City of Firebaugh does not have a Growth Management Ordinance. Action plans in the City’s Land Use Element recommend the use of existing roadways. ditches, railroads, creeks, and other physical features to separate urban uses from existing agricultural operations as well as using open space to separate development from agricultural lands.
Recommended Action
None required.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-135 Density Bonus
Analysis
As required by Government Code Section 65915, the City of Firebaugh maintains and administers a Density Bonus Ordinance to offer density bonuses and other incentives or concessions for the development of affordable housing.
The density bonus is an increase over the otherwise maximum allowable residential density under the General Plan land use designation and zone. Density bonus percentages may range from 5 to 35 percent, depending on the percentage of low-income, very low-income, moderate-income, or large family housing units proposed for construction by a housing developer.
Government Code Section 65915 indicates that when an applicant seeks a density bonus for a housing development, the density bonus requirements are triggered when the residential development sets aside at least 10 percent of the total units as affordable to low-income households; at least 5 percent of the total units as affordable to very lowincome households; or at least 10 percent of the total units as affordable to moderate-income households in a common interest for-sale development. Further, a density bonus request may be made when at least 10 percent of the units are designed as large family household units or all units are reserved for senior citizens, or for a mobile home park restricted to senior citizen residents. Finally, a density bonus can be requested when a developer of affordable housing provides a site of at least one acre for the development of housing for target groups.
Development concessions or incentives that may be provided by the City of Firebaugh include a reduction in site development standards; a modification of zoning code requirements (including a reduction in setbacks, square footage requirements, or parking spaces or architectural design requirements that exceed the minimum building standards); approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if such nonresidential uses are compatible with the project; or other regulatory incentives or concessions proposed by the developer or the City of Firebaugh that result in identifiable cost reductions. The number of incentives will be based on the following project affordability factors:
1. For projects with at least 5 percent very low-income, 10 percent lower-income, 10 percent moderate-income, or 10 percent large family units, one incentive or concession is required.
2. For projects with at least 10 percent very low-income, 20 percent lower-income, 20 percent moderate-income, or 20 percent large-family units, two incentives or concessions are required.
3. For projects with at least 15 percent very low-income, 30 percent lower-income, 30 percent moderate-income, or 30 percent large-family units, three incentives or concessions are required.
Conclusion
Firebaugh’s Density Bonus Ordinance is outdated and does not comply with current State law, which requires a density bonus up to 80 percent. In addition, the current ordinance does not provide a density bonus for a development with childcare facilities.
APPENDIX 1C: CITY OF FIREBAUGH
1C-136 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Recommended Action
The Housing Element includes Program 21 to update the density bonus ordinance to comply with State law.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-137 Zoning for a Variety of Housing Types Analysis Chapter 25 of the City of Firebaugh Municipal Code describes the City’s regulations for residential development. Table 1C-21 summarizes the housing types permitted and conditionally permitted under the Zoning Ordinance.
TABLE 1C-21 RESIDENTIAL USES PERMITTED BY ZONE, FIREBAUGH District Name R-1, R-1-5, R-1-4.25 R-1 (TN), R-1-5 (TN), R-1-4.25 (TN) R-2 R-3 Mobile Home Park (MHP) UR C-1 C-2 C-3 Single-Family Dwelling P P P P C Multifamily P P P Mobile Home P P P P C Mobile Home Park C Employee Housing1 (6 or fewer) P P P P P Emergency Shelter C P Transitional Housing P2 P2 P P Supportive Housing P3 P3 P P Single Room Occupancy P P Licensed senior-care housing facilities C C Licensed group care home (6 or fewer) P P Licensed residential care facility (6 or fewer) P P Licensed residential care facility (more than 6) C C Accessory Dwelling Units P P P P Source: City of Firebaugh Municipal Code, 2020. ADU ordinance, 2022. P: Permitted, C: Conditional Use Permit. 1Employee housing, subject to the issuance of a permit by the State of California Department of Housing and Community Development as provided in California Health and Safety Code Sections 17021.5 and 17030. The permit shall be prominently displayed in the housing unit and shall be provided to any peace officer, City inspector or State inspector, upon demand.
2Transitional housing permitted for six or fewer persons. 3 Supportive housing permitted for six or fewer persons.
APPENDIX 1C: CITY OF FIREBAUGH
1C-138 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Multifamily
The City of Firebaugh Zoning Code permits multifamily housing in the R-2 and R-3 districts to provide living areas within Firebaugh where development is consistent with the Firebaugh General Plan and is limited to medium- and high-density concentrations of multifamily dwellings along with other uses suitable to the intent of the zone. The City provides regulations for multifamily housing that are designed to promote the following principles. A suitable environment for family life, recognizing that a significant part of the multifamily population is adult, including senior citizens.
Space for community facilities, including parks, schools, churches, and other facilities that will complement the residential environment.
Attractive and unique development projects that encompass well-designed buildings with ample landscape and off-street parking.
The conservation of valuable resources ranging from water to energy. Housing that is affordable to low- and moderate-income households and to households that have special housing needs.
Mobile Homes
The City defines a mobile home as a structure built on a permanent chassis and designed to be used as a singlefamily dwelling unit with or without a foundation. California Government Code Section 65852.3 requires jurisdictions to treat mobile or manufactured homes on a permanent foundation for permanent occupancy the same as single-family dwellings. They may not be excluded from lots zoned for single-family dwellings and are subject to the same rules as site-built homes, except for certain architectural requirements. Further, a jurisdiction may not require an administrative permit, planning or development process, or requirement that is not imposed on a conventional single-family dwelling.
In compliance with State law, the City’s Zoning Ordinance expressly permits mobile homes in all zones allowing single-family dwelling. Mobile homes are permitted by right in the R-1 zones, R-1 (TN) zones, and R-2 and R-3 zones. A mobile home park is permitted with a conditional use permit in the Mobile Home Park (MHP) zone. As defined by the City Zoning Code, a mobile home park includes three or more mobile homes or mobile home sites and may contain accessory facilities, administrative offices, and other accessory structures associated with mobile home parks.
The MHP zone allows a mobile home for every 2,400 square feet of lot area. For mobile home parks, 5 percent of the gross area of any mobile home park shall be designated open space. Other special requirements for the MHP zone are listed below.
Each mobile home shall be connected to City water and sewer service. Each mobile home pad shall consist of a base material adequate to support a mobile home.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-139 All tongues and tow bars shall be removed once a mobile home is fixed to the lot. All mobile homes shall be fitted with skirting, extending from the floor level of the mobile home to the ground. An on-site manager shall be required for all mobile home parks containing 16 or more mobile home units.
Farmworker/Employee Housing
The City’s agricultural uses, especially fruit trees and vineyards, may use seasonal labor. The American Community Survey (ACS), 2015-2020 (5-year estimates), estimates that there were 1,021 agriculture jobs in Firebaugh in 2020 (see Table 2-10 in the Regional Housing Needs Assessment). Since the ACS (2015-2020) indicates a high number of agricultural jobs in Firebaugh, there is potential demand for seasonal farm worker housing because Firebaugh is surrounded by agricultural land. By the nature of the profession, it is difficult to determine the number of seasonal farm laborers that may be working in the agricultural areas surrounding the city.
The City permits employee housing for up to six persons per dwelling in the R-1 (Single-Family Residential) zones, R-1 (Traditional Neighborhood) zones, and R-2 and R-3 zones, subject to density standards of the particular zone.
The City also permits employee housing for up to 12 units or 36 beds in the UR (Urban Reserve) zone. Additionally, the City permits agricultural uses in industrial zones M-1 and M-2 and the Urban Reserve zone, but does not permit employee housing in the industrial zones.
Emergency Shelters
The Zoning Code currently permits emergency shelters by right without a conditional use permit in the R-3 zone.
Emergency shelters are permitted with a conditional use permit in the R-2 zone. In accordance with Assembly Bill (AB) 2339 (2022), the Housing Element must identify potential sites for emergency shelters within zones that allow residential uses by right. There are 18 potential vacant sites with a total of 8.61 acres in the R-3 zone, listed in Table 1C-22, that could provide a year-round shelter. The R-3 zone is close to services, including grocery stores and medical facilities, and has access to transportation.
TABLE 1C-22 POTENTIAL EMERGENCY SHELTER SITES, R-3 ZONING APN Acreage
00711045 0.17
00711037 0.35
00711039 0.18
00711022 0.38
00711040 0.44
00711025 0.15
00711030 0.55
00711066 0.23
00711055 0.14
00711012 0.14
APPENDIX 1C: CITY OF FIREBAUGH
1C-140 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 APN Acreage
00711008 0.15
00711064 0.19
00712009 2.95
00712013 0.12
00712017 0.12
00712018 2.24
00712019 0.12
00711045 0.17
Total 8.61
Source: County of Fresno, 2022 and City of Firebaugh, 2023.
Low Barrier Navigation Centers
The City’s Zoning Code does not currently include a provision for Low Barrier Navigation Centers.
Transitional and Supportive Housing
The City permits transitional and supportive housing in all residential districts. Transitional and supportive housing are permitted by right for six or fewer persons in the R-1 and R-1 (TN) zones. The R-2 and R-3 zones also permit transitional and supportive housing by right.
Single Room Occupancy Units
The City defines supportive housing as housing with no limit on length of stay; that is occupied by the target population as defined in Subdivision (d) of Section 53260 of the Health and Safety Code; and that is linked to onsite or off-site services that assist the supportive housing resident to retaining the housing, improve his or her health status, and maximize his or her ability to live and, when possible, work in the community. This housing may include apartments, single-room occupancy residences (SRO), or single-family homes.
State law requires supportive housing be permitted by right in multifamily zones and mixed-use and nonresidential zones allowing multifamily. The City permits SROs by right in the R-2 and R-3 zones; therefore, the City makes adequate provisions for SRO units.
Residential Care Facilities
The City permits licensed residential care facilities for six or fewer residents by-right in residential zones R-1 and R-1 (TN). Licensed residential care facilities for seven or more residents are permitted with a conditional use permit in the R-1 and R-1 (TN) zones. In addition, a licensed group care home for six or fewer residents are permitted by right in the R-2 and R-3 zones.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-141 Accessory Dwelling Unit
State legislation requires jurisdictions to allow accessory dwelling units (ADUs) that meet certain standards by right anywhere that single-family or multifamily uses are allowed.
The City defines a second residential unit as a second dwelling unit that may be a site-built structure or a manufactured home as defined by Section 18007 of the Health and Safety Code, provided that mobile homes, trailers, and recreational vehicles are not permitted to be used as a second dwelling unit. One second dwelling unit may be established as an addition to an existing residential dwelling unit or as a separate, freestanding dwelling unit, consistent with development standards of the zone in which the unit is located and with the requirements of the ADU subsection of the Municipal Code.
The City permits ADUs by right in the R-1 and R-1 (TN) zones but does not allow ADUs on lots zoned R-1-4.5 or R-1-5 or any other zone district. The Zoning Code does not comply with State law and will be updated to permit ADUs in the R-1-4.5 and R-1-5 zones and in residential and commercial zones R-2, R-3, C-1, C-2, and C-3, which permit multifamily and mixed use by right.
A second dwelling unit in the City of Firebaugh must comply with the following development standards:
1. Minimum lot size: A second dwelling unit shall be permitted only on a properly zoned lot that contains at least 6,500 square feet.
2. Yards: A second dwelling unit shall comply with yard requirements of the R-1 Zone, as listed in Section 25-15, R-1 Zone: Conventional Single-Family Residential Zones.
3. Space between buildings: A second detached dwelling unit shall be located no closer than 10 feet to any other residential building on the same parcel, and not less than 6 feet from any accessory building.
4. Building height: No second dwelling unit shall have a height greater than two stories, not to exceed 25 feet.
5. Lot coverage: The total lot coverage by a second dwelling unit and all other buildings and structures shall not exceed 30 percent of the total lot area.
6. Unit size: The increased living area of a second dwelling unit that is attached to the primary dwelling shall not exceed 30 percent of the existing living area of the primary dwelling. A second unit that is detached from the primary dwelling shall not exceed 1,300 square feet of floor area.
7. Parking: There shall be one paved on-site parking space for a second dwelling unit. The space shall be a minimum of 9 feet wide and 20 feet deep and constructed to City standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the second dwelling unit may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to APPENDIX 1C: CITY OF FIREBAUGH
1C-142 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 accommodate a second unit, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two parking spaces side by side; however, said parking space may be located within required side or rear yards. There shall be no conversion of a garage of a primary dwelling unit into a second dwelling unit unless all parking requirements are otherwise met for the primary dwelling unit.
8. Architectural appearance: The second dwelling unit's scale, appearance, and character shall be similar to and compatible in design with the primary dwelling unit in terms of siding materials and color, window types, roofing pitch, and materials. Further, the second dwelling unit shall be clearly subordinate to the primary dwelling unit by size, location, and appearance. If attached to the primary dwelling unit, a second dwelling unit shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.
9. Building Code: A second dwelling unit shall be subject to all applicable building, fire, health, and safety codes.
10. Occupancy: The owner of the subject property at the time of the application and all future owners of the property shall reside in one of the dwelling units. A covenant, in a form approved by the City Attorney, running with the land between the City and the applicant shall be recorded with the Fresno County Recorder's Office prior to the issuance of any building permits, requiring that the primary or proposed second dwelling unit shall be occupied by the owner of the property.
11. Access: In order to preclude the appearance of a duplex unit, access to the second dwelling unit shall be by an exterior doorway on the side or rear of the second dwelling unit. In no case shall the entrance be visible from a public street right-of-way.
12. Utilities: A second dwelling unit shall be provided with water, sewer, and other utilities as determined by the building official.
13. Existing dwellings: Any second dwelling unit existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the second dwelling unit meets the standards of this subsection or the second dwelling unit qualifies as a permitted nonconforming use under Section 25-61, Nonconforming Uses and Structures, of the Municipal Code.
Conclusion
The City provides zoning for a variety of housing types; however, the Zoning Ordinance needs to be amended to fully comply with State law requirements for all housing types, including employee housing, standards for emergency shelters, low barrier navigation centers, transitional and supportive housing, residential care facilities, and ADUs.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-143 Recommended Action
The Housing Element includes Program 21 to amend the Zoning Ordinance to address development standards and barriers for special-needs housing:
Employee and Farmworker Housing: Clarify the definition of employee housing in the zoning code to permit farmworker housing that serves six or fewer persons as a single-family structure and permit it in the same manner as other single-family structures of the same type in the same zone across all zones that allow singlefamily residential uses. Emergency Shelters: Develop managerial standards for emergency shelters pursuant to Government Code Section 65583(a)(4)(A).
Low-Barrier Navigation Centers: Permit low-barrier navigation centers by right in zones where mixed uses are allowed or in nonresidential zones that permit multifamily housing (Government Code Section 65662). Transitional and Supportive Housing: Permit the transitional and supportive housing types pursuant to Government Code Section 65583 to be treated as residential uses and subject only to restrictions that apply to other residential uses of the same type in the same zone. Additionally, allow supportive housing in multifamily and mixed-use zones (Government Code Section 65651 [AB 2162]). Residential Care Facilities/Group Homes: Allow residential care facilities and group homes for six or fewer persons in accordance with Health and Safety Code Section 1568.0831, and allow residential care facilities, regardless of size, in all zones that permit residential uses of the same type, in accordance with the City’s definition of family.
Accessory Dwelling Units: Allow ADUs pursuant to subdivision (e) of Government Code section 65852.2 in any residential or mixed-use zone, including C-1, C-2, C-3, and UR, in compliance with Government Code Section 65852.2(a)(1).To ensure development standards are not a constraint to the development of ADUs, the City will also amend the development standards in accordance with Government Code Sections 8899.50, 65583(c)(10), and 65583.2(a).
On- and Off-Site Improvement Standards
Analysis
The City of Firebaugh requires that developers complete certain site improvements in conjunction with new housing development. The following improvements may be required for residential projects, as determined by the Planning Commission according to Chapter 25 of the Municipal Code. Applicants shall dedicate necessary right-of-way along residential projects adequate to facilitate the installation of roadway improvements consistent with Firebaugh's Circulation Element and Improvements Manual.
APPENDIX 1C: CITY OF FIREBAUGH
1C-144 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Applicants shall install roadway improvements, including curbs, gutters, sidewalks and street paveout along residential projects that are consistent with Firebaugh's Circulation Element and Improvements Manual. These improvements may extend off site for purposes of ensuring safe traffic circulation, effective storm drainage, or pedestrian safety.
Applicants shall install non-roadway improvements within the roadway right-of-way, including street signs, street lights, street trees and bus stops.
Local streets make up the majority of the residential street network in Firebaugh, rather than major and secondary arterial and collector streets. The City’s standards for local street right-of-way is 56 feet, with a curb-to-curb pavement width of 36 feet. For local streets, right-of-way width can be reduced to 52 feet on blocks that are less than 600 feet in length. In addition, lanes (also called “alleys”) are permitted within in new residential subdivisions.
These feature a right-of-way of 28 feet, with a curb-to-curb pavement width of 20 feet. This reduces the cost of street infrastructure and provides more buildable area in a residential neighborhood.
Additionally, based on conversations with local developers, costs are fairly minimal representing less than 10 percent of the overall project cost and do not impact feasibility of the project. However, reducing or eliminating off site construction costs could help financial gaps for affordable projects. The City has included Program 10 to monitor on- and off-site construction fees and on a case-by-case basis work with developers of affordable projects to reduce fees where possible.
Conclusion
Required improvements for residential subdivisions are considered within accepted norms and do not add significantly to cost or adversely affect the ability to supply housing. These off-site standards do not act as an impediment to the production of housing for lower-income households. From the City’s vantage point, these improvements are necessary to ensure that Firebaugh is built in a manner that benefits residents of the subdivision and the city as a whole.
Recommended Action
None required.
Fees and Exactions
Analysis
Planning Fees
Although planning processing fees contribute to the total cost of housing development, and therefore the cost of housing, they generally are not considered a significant cost factor. The City of Firebaugh collects processing fees for several different types of planning permits, including subdivision maps, annexations, conditional use permits, site plan review, environmental review, general plan amendments, zone changes, variances, and others. The fees have been calculated so as to reimburse the City for its actual processing costs and have also been evaluated in SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-145 comparison to fees charged by neighboring jurisdictions. Fees are listed on individual application forms, which are available on the City’s website.
Analysis shows that Firebaugh's planning fees are comparable with neighboring cities. Firebaugh’s current planning fees are detailed in Table 1C-23.
TABLE 1C-23 FIREBAUGH PLANNING FEES
Category Fee
Site Plan Review $1700
Conditional Use Permit $1765
Variance $960
Minor Deviation $85
Tentative Subdivision Map $5010
Final Subdivision Map $3595
Tentative Parcel Map $2060
Final Parcel Map $2750
Lot Line Adjustment $1685
Lot Merger $1510
Zone Change $1865
General Plan Amendment $1470
Annexation $3800
Negative Declaration $2555
EIR $550 deposit plus actual cost
Source: City of Firebaugh Application Forms. Current as of February 2023.
Development Impact Fees
Development impact and building permit fees typically constitute a larger percentage of housing costs than do the planning permit fees discussed above. Development impact and building permit fees pay the capital costs of public facilities that serve a project, such as:
Water
Sanitary sewer
Storm drainage
Parks
Public safety
APPENDIX 1C: CITY OF FIREBAUGH
1C-146 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 In addition, regional impact fees are assessed by the Firebaugh-Las Deltas Unified School District to provide for the construction of new educational facilities, and by the Fresno County Joint Powers Authority and Fresno County Council of Governments. These fees are beyond the control of the City.
Firebaugh most recently updated its impact fees in 2021. The current fee list is shown in Table 1C-24 and displays fees for both single- and multifamily development. A schedule of these fees is posted on the City’s website.
TABLE 1C-24 DEVELOPMENT IMPACT FEES FOR SINGLE- AND MULTIFAMILY RESIDENTIAL
DEVELOPMENT
Traffic Fire Police Storm
Drain Wastewater Water Parks & Rec. Admin. Total Fees
Single-Family
Residential $1,007 $951 $740 $895 $1,847 $1,571 $4,133 $334 $11,479 Multifamily
Residential $584 $761 $592 $716 $1,477 $1,257 $3,607 $261 $8,955 Source: City of Firebaugh, March 2023.
Developers are also required to pay impacts fees to the Firebaugh-Las Deltas Unified School District for the construction of educational facilities. The School district’s fee for residential development is currently $4.08 per square foot. All cities in Fresno County are also required to levee the Fresno County Council of Government’s Regional Transportation Mitigation Fees against new development. This fee is $1,637 for market-rate single-family homes, $818 for affordable single-family homes, $1,150 for market-rate multifamily units, and $575 for affordable multifamily units. The Fresno County Joint Powers Agency requires an additional regional transportation mitigation fee of $2,118 per unit for single-family dwellings and $1,642 for multifamily units. These impact fees are regional in nature; as such, they do not create a unique barrier to development in Firebaugh.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-147 Fees for a Typical Single-Family Dwelling
The total planning and impact fees for a typical single family dwelling are shown in Table 1C-25 below.
TABLE 1C-25 FEES FOR TYPICAL SINGLE FAMILY UNITS
Single Family Unit Amount
City and Regional Impact Fees Per Unit
$11,479 (city impact fees)
$4.78 per square foot (Firebaugh/Las Deltas Unified School District) $2,118 per unit (Fresno County Joint Powers Agency impact fee) Total Fees Per Unit $23,157
Source: City of Firebaugh, 2023. Assumes a 2,000 square foot house.
Fees for a Typical Multi Family Dwelling
The total planning and impact fees for a typical multi family dwelling in a typical apartment complex are shown in Table 1C-26 below.
TABLE 1C-26 FEES FOR TYPICAL MULTIFAMILY UNITS
Multi Family Unit Amount
Planning Fees for Project $890
City and Regional Impact Fees Per Unit
$8,955 (city impact fees)
$4.78 per square foot (Firebaugh/Las Deltas Unified School District) $1,642 per unit (Fresno County Joint Powers Agency impact fee) Total Fees Per Unit $96,637
Source: City of Firebaugh, 2023. Assumes a 20-unit building.
Conclusion
City development impact fees are an estimated 7 to 9 percent of the total development costs for both single-family and multifamily development. These fees are similar to or lower than many other communities in the region. The City makes every effort to work with developers to offset the cost of fees.
Recommended Action
None required.
Processing and Permit Procedures
Analysis
Firebaugh provides in-house building inspection services and contracts with consultants for planning and engineering services. The City also retains a consultant for grant writing services, assisting with the pursuit of critical funding for housing and public works projects.
APPENDIX 1C: CITY OF FIREBAUGH
1C-148 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Because of the limited number of planning and development requests that are typically submitted to Firebaugh, processing of these applications usually begins within days of receiving the application. A typical single-family residential subdivision will require about six months to process, from submittal of application to filing of final subdivision map with the Fresno County Recorders Office. Each processing phase of a typical residential subdivision is listed in Table 1C-27 with the amount of time required to process each phase. Subdivision applications that require an annexation typically add three months to the processing time.
TABLE 1C-27 TYPICAL RESIDENTIAL SUBDIVISION PROCESSING
Processing and Permit Procedures Timing
Applicant submits residential subdivision with processing fee and forms filled out, including environmental assessment form. -
Review application for completeness. 2 weeks
Prepare and circulate environmental analysis. 6 to 8 weeks* Prepare report to Planning Commission on subdivision and environmental document. 1 week* Prepare and publish public hearing notices. 2 weeks*
Planning Commission meets on subdivision. -
Prepare City Council staff report/resolutions/environmental document. 1 week.
Schedule City Council for approval of subdivision and environmental document (including publishing public hearing notices). 3 weeks* City Council hearing on subdivision. 4 weeks
Applicant's engineer prepares improvement plans and final subdivision map. 4 weeks City Engineer reviews improvement plans and final subdivision map. 4 weeks Prepare final subdivision staff report for City Council. 2 weeks* City Council approves final subdivision map. 8 weeks after tentative map approval
City records final subdivision map with county recorder's office. 1 week Source: City of Firebaugh, 2023
* Asterisks denote tasks that typically overlap with other tasks.
Multifamily residential developments proposed in Firebaugh require Site Plan Review. This typically involves review and action by the Planning Commission—a public hearing is not required. For a Site Plan Review, the processing procedures and timelines usually required are shown in Table 1C-28.
TABLE 1C-28 TYPICAL MULTIFAMILY PROCESSING AND PERMIT PROCEDURES Processing and Permit Procedures Timing
Applicant submits application with processing fee and forms filled out. - Review application for completeness. 1 week
Prepare staff report. 2 weeks
Planning Commission holds meeting for Site Plan Review. Any decision of the Planning Commission may be appealed to the City Council. 4 weeks Source: City of Firebaugh, 2023
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-149 Firebaugh’s Site Plan Review process for multifamily residential development is very straightforward; it is not considered a constraint to new development. The City reviews applications to ensure that projects meet basic zoning standards (listed in Table 1C-18, including setbacks, parking, and landscaping) and right-of-way improvements (including curb, gutters, sidewalks, and lighting), and that infrastructure is available (water, sewer and storm drainage improvements). If a project does not meet basic standards, the applicant is informed and instructed to revise plans accordingly (or where applicable, to apply for a Variance to adjust the subject standard).
Site Plan/Design Review Process
Certain development applications in the City of Firebaugh are subject to a design review process, as defined in Chapter 25 of the City’s Zoning Code. The purpose of the site plan/design review process is to enable the Planning Commission to make a finding that the proposed development is in conformity with the intent and provisions of the Zoning Code and to guide the building department in the issuance of building permits. The site plan/design review process is intended to ensure that development constructed in Firebaugh meets good urban design standards; does not have an adverse impact on neighboring properties; does not impact the public health, safety, and welfare; and produces a development that will enhance the image and marketability of Firebaugh. Single-family dwellings are not subject to design review.
Upon submission of an application for a site plan/design review permit, the Planning Department prepares a report that must make findings that:
a. The location of the proposed use is in accordance with the purpose and objectives of the Zoning Code and the purposes of the district in which the subject site is located. b. The design of buildings and other improvements complies with applicable design guidelines for the zone in which the project is located.
c. The location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience, or welfare, or be materially injurious to properties or improvements in the vicinity.
d. The proposed use will not have a significant impact on the environment. e. The proposed use will comply with applicable provisions in this ordinance. f. The proposed use is consistent with the Firebaugh General Plan. g. The site for the proposed use is adequate in size, shape, and location to accommodate the use for which it is proposed.
This report is reviewed by the Planning Commission, which then takes action to approve, approve with conditions, or deny the site plan/design review permit based on the finding.
APPENDIX 1C: CITY OF FIREBAUGH
1C-150 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Senate Bill 330
The City does not currently have a process in place to address SB 330.
Senate Bill 35
The City does not currently have a process in place to address SB 35.
Annexation Process
Lands outside Firebaugh City limits but within the Sphere of Influence are typically designated for future development by the Land Use Element of the Firebaugh General Plan. This includes residential development. At an appropriate time, these lands may be considered for annexation into the City. Annexations typically involve several levels of government review, including the City, the County, and Fresno Local Agency Formation Commission (LAFCo).
In Fresno County, cities have a Memorandum of Understanding with the County (and LAFCo) that includes standards for annexation. One of the key standards is that a site proposed to be annexed must have an approved project on at least half of its acreage. For example, a 40-acre site proposed for annexation must have a development project that has received approval from the City on at least 20 acres—such as a tentative subdivision map, site plan review, or conditional use permit. This requirement has been thought to pose a constraint to development in the past, but negotiations among the cities and County have not resulted in any amendments to the policy. The policy has a number of benefits, including that it precludes the premature consumption of agricultural lands. The City of Firebaugh has not experienced difficulties with the annexation process.
Conclusion
As a small city with limited development, Firebaugh does not experience the backlogs in development that are typical in many larger jurisdictions. Small projects, such as single-family units, may receive over-the-counter approval with a simple site plan. Review and approval timelines at the City are relatively rapid, and processing timelines are not generally considered a constraint to development in the city. The City does not currently have a process in place to address SB 330 or SB 35.
Recommended Action
The City has included Program 25 to establish an application process related to SB 330 and SB 35 and will make the preliminary application available on the City’s website. Through Program 26 the City will develop objective design guidelines and standards to provide clear and objective standards related to single-family, multifamily, and mixed-use residential developments.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-151 Building Codes
Analysis
Building codes regulate the physical construction of dwellings and include, for example, the plumbing, electrical, and mechanical codes. Firebaugh follows the 2022 California Building Code (CBC) as established by State law and as such, has little control over State standards. There have been no local amendments to the UBC.
Building codes are enforced by the Firebaugh Building Department through plan check and inspections. Inspections normally occur as a result of building permits for new construction, remodels or rehabilitations. Other inspections may result from requests from individuals for assessments of building quality or from enforcement complaints or when the inspector notices construction occurring without permits. The City has its own in-house building department processing and inspection staff—a switch from recent years when the City contracted for building services. However, the City still contracts for plan checking services.
Conclusion
The City has not made any local amendments to the Code that would impact the cost of housing.
Recommended Action
None required.
Constraints on Housing for Persons with Disabilities
Analysis
California Building Code
As previously stated, the City follows the 2019 California Building Code. The code provides the minimum standards for accessibility. There are currently no amendments to the Building Codes that would diminish the ability to accommodate persons with disabilities or affect accessibility.
Definition of Family
Section 25-67.3 of the Firebaugh Zoning Ordinance defines family as:
One person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.
Zoning and Land Use Policies
Separation Requirements. The City’s municipal code does not impose any separation requirements.
Site Planning Requirements. The City’s municipal code does not impose site planning requirements for supportive housing and community care facilities.
APPENDIX 1C: CITY OF FIREBAUGH
1C-152 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Reasonable Accommodation
The City of Firebaugh administers the Reasonable Accommodation Ordinance, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing. The Ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations. An application for reasonable accommodation is made to the Planning Department, and the Planning Director can approve, approve with conditions, or deny the application.
Reasonable accommodation applications are processed as an administrative matter. Following a decision by the Planning Director, an administrative resolution is prepared that outlines the findings and conditions of the decision.
The decision shall be made within 30 days of receiving the application. The Planning Director shall render a decision based on the following findings.
a. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws. b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.
c. Whether the requested accommodation would impose an undue financial or administrative burden on the City.
d. Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning or building program.
e. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with these findings, including the following:
1. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval.
2. Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists.
3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists.
5. Measures to reduce the impact on surrounding uses.
6. Measures in consideration of the physical attributes of the property and structures.
7. Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district.
8. Other conditions necessary to protect the public health, safety, and welfare.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-153 Conclusion
The City’s Reasonable Accommodation procedure does not present a barrier to development or to the provision of housing for persons with disabilities.
Recommended Action
Through Program 22 the City will encourage the inclusion of mobility-impaired accessibility features into housing developments and will advertise the reasonable accommodations process. The City will also update its current definition of family as part of Program 21.
At-Risk Analysis
As required by California Government Code Section 65583, the Housing Element must analyze the extent to which below-market rate units are at risk of converting to market-rate housing. If there are at-risk units, the element should include programs to encourage preservation of these units or to replace any that are converted to market rate. The units to be considered are any units that were constructed using federal assistance programs, state or local mortgage revenue bonds, redevelopment tax increments, in-lieu fees or an inclusionary housing ordinance, or density bonuses.
Housing is considered “at risk” if it is eligible to be converted to market-rate housing due to: (1) the termination of a rental subsidy contract, (2) mortgage prepayment, or (3) the expiration of affordability restrictions. The time period applicable in making this determination is the 10-year period following the last mandated update of the Housing Element, which, in the case of all Fresno County jurisdictions, is December 31, 2023. As shown in Table 1C-29, there are 158 assisted affordable units in Firebaugh as of September 2022, and none are at risk of expiring in the next 10 years. None of the units receiving government subsidies in Firebaugh were listed as having submitted a notice of their intent to convert their subsidized units to market rate through the California Department of Housing and Community Development.
TABLE 1C-29 ASSISTED HOUSING DEVELOPMENTS, FIREBAUGH
Name Address Population
Served
Funding
Source
# of
Units
# of
Affordable
Units
Affordable
Units
Expiration
Risk Level
San Joaquin Vista
Apartments
500 P
Street
Large
Family LIHTC 48 47 2053 Not at risk
Firebaugh Garden
Apartments and Mendota
Village Apartments (Site 1)
600 P
Street
Large
Family
LIHTC,
USDA 84 82 2072 Not at risk
Firebaugh Gateway 1264 P
Street Senior LIHTC 30 29 2069 Not at risk
Total 162 158
Total At Risk -- 0
Source: California Housing Partnership, 2022.
APPENDIX 1C: CITY OF FIREBAUGH
1C-154 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Though no units are considered to be at risk during the next ten years, should one of the above affordable projects convert affordable units to market-rate unexpectedly through termination of a rent subsidy contract or mortgage prepayment, there would be three methods to preserve the at-risk units: acquisition and rehabilitation, replacement, or a rent subsidy.
Acquisition and Preservation
The factors that must be used to determine the cost of preserving low-income housing include property acquisition, rehabilitation, and financing. Actual acquisition costs depend on several variables, such as condition, size, location, existing financing, and availability of financing (governmental and market). Looking at multifamily buildings throughout Fresno County, prices ranged from $120,000 per unit for a 10-unit complex in Fresno to just over $258,000 per unit for a 6-unit complex in Clovis. Based on these estimates, replacing the smallest of the three assisted projects by acquiring 29 new units could cost between $3.5 million and $7.5 million. Additionally, if the property needs significant rehabilitation or financing is difficult to obtain, it is important to consider these factors in the cost analysis.
Replacement
While recent construction cost estimates in Firebaugh were not available, a developer working in Kerman estimated that new construction projects cost approximately $240 per square foot, not including the costs of buying land or providing off-street parking. For a 1,000-square-foot unit, this would be a cost of $240,000.
To replace the 29 units in the smallest of the three assisted projects in Firebaugh, construction would cost an estimated $7 million plus the cost of land, parking, and other soft costs.
Rent Subsidy
Housing affordability can also be preserved by seeking alternative means of subsidizing rents, such as Tenant Protection Vouchers, a subset of the HCV program described previously. Under HCVs, HUD pays the difference between what tenants can pay (defined as 30 percent of household income) and what HUD estimates as the fairmarket rent on the unit. Based on HUD’s 2022 fair-market rents, the subsidy needed to preserve a one-bedroom unit at an affordable rent for a three-person household with an extremely low-income would be an estimated $328 per month, or $3,939 per year. For 30 years, the subsidy would be about $118,170 for a three-person household.
Subsidizing every assisted unit in the smallest of the assisted buildings at an extremely low-income rent for 30 years would cost between an estimated $8.3 million.
The subsidy needed to preserve a one-bedroom unit at an affordable rent for a three-person household with a very low-income would be an estimated $27 per month or $318 per year. For 30 years, the subsidy would be about $9,540 for a three-person household. Subsidizing every assisted unit in the smallest of the assisted buildings at a very lowincome rent for 30 years would cost approximately $276,660. Based on 2022 household income limits, a threeperson household in the low-income range would not require subsidy to afford the fair-market rent.
SECTION 1C-4: CONSTAINTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-155 Conclusion
Though no units are considered at risk during the next ten years, rent subsidy would potentially present the most cost-effective means of preserving affordability.
APPENDIX 1C: CITY OF FIREBAUGH
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SECTION 1C-5: REVIEW OF PAST ACCOMPLISHMENTS
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California Government Code Section 65588 says,
Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal. (2) The effectiveness of the housing element in attainment of the community’s housing goals and objectives. (3) The progress of the city, county, or city and county in implementation of the housing element. (4) The effectiveness of the housing element goals, policies, and related actions to meet the community’s needs, pursuant to paragraph (7) of subdivision (a) of Section 65583.
Progress Toward the RHNA
Each jurisdiction in California is responsible for accommodating its share of the region’s housing needs. The process of determining each jurisdiction’s share of housing needs is called the Regional Housing Needs Assessment (RHNA). The RHNA projection period for the previous Housing Element was from December 31, 2015, to December 31, 2023. The City of Firebaugh was assigned a RHNA of 712 units, divided into four income categories:
128 very low income (less than 50 percent of the area median income [AMI]) 169 low income (50 to 80 percent of the AMI)
204 moderate income (80 to 120 percent of the AMI)
211 above moderate income (greater than 120 percent of the AMI) Table 1C-30 summarizes the City’s accomplishment in meeting the RHNA during the 5th cycle RHNA projection period.
TABLE 1C-30 UNITS BUILT DURING 2015-2023 RHNA PROJECTION PERIOD, FIREBAUGH Income Category 2015–2023
RHNA
2015–2022
Building Permits Issued
Percentage of RHNA
Accomplished
Very Low 128 0 0%
Low 169 2 1%
Moderate 204 5 2%
Above Moderate 211 41 19%
Total 712 48 7%
Source: City of Firebaugh, 2023.
APPENDIX 1C: CITY OF FIREBAUGH
1C-158 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Effectiveness of Programs Addressing Special Housing Needs California Government Code Section 65588 requires that local governments review the effectiveness of the housing element goals, policies, and related actions to meet the community’s special housing needs. Special needs populations include farmworkers, large families, female-headed single parent households, people experiencing homelessness, persons with disabilities, seniors, households with extremely low incomes. As shown in the Review of Previous 2015-2023 Housing Element Programs matrix (Table 1C-31), the City made a diligent, consistent effort to achieve its housing goals that address special housing needs through the implementation of policies and programs from the 5th cycle Housing Element. The following is a summary of the effectiveness of programs for special housing needs:
The Countywide Housing Element Technical Committee has developed a directory of services and resources for lower-income households is available in the region and is updated annually. The directory is available on City/County websites and at City/county Offices.
Fresno County and the cities within the County have been working together to review and revise the standards for annexation contained in the Memorandum of Understanding between the County and the Cities. The City continues to promote the Reasonable Accommodations Ordinance for persons with disabilities. The City permits improvements that serve persons with a disability that might otherwise require a variance.
Improvements may include carports, garages, wheelchair ramps, ramp railings, porches, etc. The City continues to promote the no-cost permit through distribution of a brochure made available at City Hall and on the City’s website.
The City requires that all ground-floor multifamily housing meet state and federal accessibility requirements through its Site Plan Review and building permit processes. The Rio Villas senior apartments (completed in 2017) features 30 handicap-accessible senior apartments. In 2019, the City approved the 56-unit Del Rio Place apartments. Compliance with all state and federal accessibility requirements was confirmed through the review process.
The City completed and adopted a new zoning ordinance in 2016. Updates included an updated definition of “family,” as well as updated uses for transitional housing and supportive housing. In 2017. the City partnered with the Housing Authority to complete the 30-unit Rio Villas senior housing. In 2019, the City approved a 131-lot subdivision, Greystone Estates, that offers seven different floor plans, including homes with four and five bedrooms, suitable for large family households. In 2020, the City approved the complete redevelopment of the Firebaugh Family Apartments from the existing 34 units to 68 units. Of these, 51 units are deed-restricted for very low-income households and 16 units are for low-income households. All 28 ground-floor units are adaptable for disabled individuals. The Department of Behavioral Health partnered with the Fresno Housing Authority in 2020 to apply for "No Place Like Home" funds.
SECTION 1C-5: REVIEW OF PAST ACCOMPLISHMENTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-159 The Fresno County Housing Authority, with which the City frequently partners, operates the 98-unit Maldonado Plaza, one of the few farmworker housing complexes in Fresno County. The City is currently in negotiations with Habitat for Humanity to complete 11 lots in the partially developed San Joaquin Villas single-family residential Planned Unit Development on N. Dos Palos Road in order to develop additional units on a parcel to the south.
The City continued to work with the Housing Authority to assist with their rental programs by providing referrals for interested individuals.
The city prioritizes water and sewer service to qualified affordable housing projects, consistent with SB 1087.
Implementation of Housing Element Programs
Table 1C-31 summarizes the programs from the 2015-2023 Housing Element. To the degree that such programs are recommended to be continued in the current Housing Element, these programs are reorganized and presented in Section 1C-1, Action Plan.
.
APPENDIX 1C: CITY OF FIREBAUGH
1C-160 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 TABLE 1C-31 EVALUATION OF 2015–2023 HOUSING ELEMENT
Program Implementation Status Recommendation
A1. HOME Funding. Firebaugh will encourage and work with qualified housing entities to submit an application for funds under the HOME Program on behalf of the City. The City could in turn assist first-time homebuyers by deferring or reducing development impact fees. This program provides financial assistance to low- to moderateincome families for the purchase of newly constructed homes or existing homes. Other groups that could be assisted with rental housing include Extremely Low Income and disabled residents. The City Planner and City Manager will work with a qualified housing entity to identify appropriate building sites.
The City was awarded HOME funds in 2020. However, no applications for funding were received by the City during the planning period. The City will continue to market the program and does so typically with announcements on the City’s website and by working with local developers.
Continued as Program 8.
A2. In-Fill Development. Firebaugh will promote the development of affordable housing units on “in-fill” residential lots, some of which may have originally contained dilapidated homes that have been demolished. The City Planner and Building Department will identify appropriate lots for this program. To promote such development, the City may consider deferring or reducing impact fees for affordable units.
To ensure a variety of housing types, the City approved an 8-unit multifamily complex on Landucci Drive that was completed in 2018. In 2019, the City approved a multifamily residential complex on an infill site (Del Rio Place, 56 units). However, no reduction of impact fees was requested. In 2020, the City approved the redevelopment of the 34-unit Firebaugh Family Housing project (owned by the Housing Authority) into a 68-unit project. The City maintains a map for interested parties showing available sites for housing projects.
Deleted.
A3. Planned Development Zone. The City of Firebaugh will continue to encourage private developers who are proposing residential development to seek a P-D (Planned Development) zone district. These districts allow for greater flexibility in residential design and better utilization of land. These opportunities allow the developer to potentially provide a more affordable housing product. The City will prepare an informational brochure that explains the standards and procedures for this zone.
No projects were proposed during the planning period that expressed a desire to utilize the PD zone. The City has not yet prepared or distributed a brochure regarding the Planned Development zone.
Continued as Program 11.
A4. Density Bonus. The City of Firebaugh will encourage developers to apply for a density bonus for qualified projects. The City adopted its own density bonus ordinance in 2015 but prior to that processed density bonus applications through the State’s density bonus law. The ordinance provides that a density bonus may be granted for projects that agree to limit residency to qualified households, including lowincome and the elderly. In addition to granting a density bonus of up to 35 percent, the City must also grant at least one additional development standard concession – such as reduced building setbacks, for instance.
In 2020, the City approved a 26% density bonus for the Firebaugh Family Housing project, proposed by the Fresno Housing Authority. The project was approved to redevelop an existing 34-unit Housing Authority project constructed during the 1970s into a new project with 68 units. The density bonus provided 14 more units than allowed by the zoning of the site. The City has not yet prepared or distributed a brochure regarding the density bonus ordinance.
Modified, part of Program 21.
SECTION 1C-5: REVIEW OF PAST ACCOMPLISHMENTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-161 Program Implementation Status Recommendation
The City will also prepare a brochure that explains the development bonus ordinance. A5. Housing Authority. The City of Firebaugh will support the Fresno County Housing Authority's implementation of the conventional Public Housing Rental Program and the Section 8 Existing Program, which provides rent subsidies directly to participating landlords, and will support that Agency's attempts to secure additional funding for expanded programs. As noted previously the City recently approved a 30-unit senior housing project proposed by the Housing Authority. Currently, the Housing Authority manages 152 dwelling units in addition to privately-owned Section 8 housing units in Firebaugh.
The City supports activities of the Housing Authority (which operates 152 units in Firebaugh) on an ongoing basis. In 2019, the City approved a permit for a 56-unit multifamily residential complex, Del Rio Place, that may offer units to Section 8 voucher holders.
Continued as Program 30.
A6. Farmworker Housing. The City will seek to identify a development partner for a farmworker housing project to develop affordable housing for farmworkers. The City will support the project by expediting approval and consideration of deferral or reduction of impact fees will be given. Granting of a density bonus (under the City’s density bonus ordinance) could also help improve the feasibility of this type of development.
The City has not been able to identify a partner for the construction of farmworker housing due to limited staffing. However, the Housing Authority operates the 98-unit Maldonado Plaza, one of the few farmworker housing complexes in Fresno County.
Continued as Program 12.
A7. Large Family Households. As noted in Chapter 5, Firebaugh has a high number of large family households – signifying a potential overcrowding problem. The City will encourage residential developers to consider including four or more bedrooms in future development projects to address this need. As an incentive, the City may consider deferring or reducing development impact fees for these projects.
In 2019, the City approved a 131-lot subdivision, Greystone Estates, that offers seven different floor plans, including homes with four and five bedrooms. As of 2020, the subdivision was under construction, and construction of many homes has been completed.
Deleted.
A8. Special Housing Opportunities. The City will seek to identify a development partner such as Habitat for Humanity and/or Self Help to develop housing projects for lower income families. The City may consider deferring or reducing processing or impact fees for qualified affordable housing projects.
The City partnered with the Housing Authority in 2017 to complete the 30-unit Rio Villas senior housing. The City is currently in negotiations with Habitat for Humanity to complete 11 lots in the partially developed San Joaquin Villas singlefamily residential Planned Unit Development on N. Dos Palos Road to develop additional units on a parcel to the south.
Modified, part of Program 13.
APPENDIX 1C: CITY OF FIREBAUGH
1C-162 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program Implementation Status Recommendation
B1. Promote the City’s Reasonable Accommodations Ordinance for Persons with Disabilities. Firebaugh adopted a “Reasonable Accommodations Ordinance” (as a result of the previous Housing Element) to permit improvements that serve persons with a disability, that might otherwise require a Variance - including carports, garages, wheelchair ramps, ramp railings, porches (that encroach into setback areas) and others. The City will promote this no-cost permit through preparation of a brochure and on the City’s website.
The City has prepared promotional materials for the Reasonable Accommodations process and makes them available at City Hall and on the City's website.
Modified, continued as Program 22.
B2. Zoning Ordinance Update. The City will complete a comprehensive update (and amendment) of its Zoning Code during 2016. The Zoning Ordinance incorporates all of the housing-related zoning amendments contained in the 2009 Housing Element action plan. A draft of the update has been prepared and is currently being reviewed by legal counsel.
The City completed and adopted a new zoning ordinance in 2016. Updates included: An updated definition of “family,” updated uses for transitional housing and supportive housing, increased minimum density in R-3, and classified multifamily residential and mixed-use development as permitted uses in all commercial zones.
Modified, part of Program 21.
B3. Increase Height Limit in R-3 zone. Multi family development in Firebaugh is currently limited to two stories in height – primarily due to the limitations of the City’s firefighting equipment. This could be an impediment to the development of affordable housing. The City will pursue funding for acquisition of a ladder truck that allows construction of at least three story structures. If successful the City will also amend its Zoning Ordinance to allow three story residential buildings.
The City determined it is not feasible to increase multifamily height standards due to limitations of the City’s current firefighting vehicles. The purchase of a ladder truck to access taller buildings is prohibitively expensive for Firebaugh. In addition, it has been shown that two-story multifamily units are affordable for Firebaugh households. In 2017, a 30-unit senior housing project (Rio Villas) was built in downtown Firebaugh as a twostory project. Additionally, the Fresno County Housing Authority has received approval to completely rebuild one of its projects (Firebaugh Family Housing) as an affordable two-story project.
Deleted. The city’s current standards allow for maximum density and affordability to be achieved.
B4. Amend the Definition of “Family.” The Firebaugh Zoning Ordinance’s current definition is overly-restrictive and not consistent with State law, and therefore the definition of the term “family” needs to be amended. The City will incorporate this amendment into the comprehensive zoning ordinance update that is currently under way. A suggested definition is as follows: One person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.
An updated definition of the term "family" was adopted along with the comprehensive zoning ordinance update in 2016.
Modified, part of Program 21.
SECTION 1C-5: REVIEW OF PAST ACCOMPLISHMENTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-163 Program Implementation Status Recommendation
B5. Add Transitional and Supportive Housing as permitted uses in all residential zones. Firebaugh currently allows transitional and supportive housing in the R-3 and C-3 zones but state law requires that it be allowed in all residential zones, only subject to zoning standards that apply to other residential uses in that zone. Accordingly the City will need to amend the zoning ordinance to allow transitional and supportive housing in the R-1 and R-2 zones. The City will incorporate these amendments into the comprehensive zoning ordinance update that is currently under way.
The uses for transitional housing and supportive housing were adopted along with the comprehensive zoning ordinance update in 2016.
Modified, part of Program 21.
B6. Ensure General Plan Consistency. Whenever a General Plan element is being amended (to add new policies or new land use designations, for example) the Planning Department shall include an analysis of whether the amendment is consistent with policies of the Housing Element.
Though no instances of amendments have arisen during the planning period, the City continues to ensure that any General Plan amendments are consistent with the Housing Element.
Deleted. This is an ongoing process for the City.
B7. Minimum Density for the R-3 Zone. The City shall amend the Zoning Ordinance to specify a minimum density of 20 units per acre for the R-3 zone on lots that are large enough to accommodate at least sixteen dwellings.
A minimum density of 20 units per acre for the R-3 zone was adopted along with the comprehensive zoning ordinance update in 2016.
Deleted.
C1. Planned Development Zone. Firebaugh will encourage private developers who are proposing residential development to seek a P-D (Planned Development) overlay district. Planned Development standards allow for greater flexibility in residential design and more efficient utilization of land. These opportunities allow the developer to potentially provide a more affordable housing product. Within the past five years the City has successfully facilitated the approval of over 760 lots within P-D zoned subdivisions.
No Planned Development projects were proposed during the planning period, though the City has facilitated this type of project in the past, including the San Joaquin Villas (21 lots), and Valle Del Sol (187 lots).
Continued as Program 11.
C2. HOME Program Funding. The City of Firebaugh and the Firebaugh Redevelopment Agency will continue to implement the first time home buyer program with HOME funds and other identified sources (including a portion of the Redevelopment Agency’s annual 20 percent set aside funds). This program serves those households who are otherwise excluded from the market-rate purchase of a home within the community (households earning less than 80% of the area median income). Buyers will be first-time home buyers (not having owned a home for the previous three years). Financial participation in these programs will include assistance with down payment costs, closing costs and other secondary financing mechanisms. The City will market this program utilizing English and Spanish language brochures.
The City received HOME funding from the State in 2020 but no applications were received for the program during the planning period. The City maintains brochures and flyers on housing programs at Firebaugh City Hall. These materials are available in English and Spanish.
Continued as Program 8.
APPENDIX 1C: CITY OF FIREBAUGH
1C-164 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program Implementation Status Recommendation
C3. 2030 General Plan Implementation. The City shall implement policies in the 2030 General Plan that will lead to diversification of Firebaugh’s economy – thereby creating more opportunities for the establishment of moderate and above moderate-income housing.
The City has implemented several action plans in the General Plan and other strategies: The City obtained funding for sewer line replacement, upgraded treatment capacity of the wastewater treatment plant, and construction of a new fire station. Most recently, the City witnessed new retail commercial development along State Highway 33. Due to funding constraints, the City has not been able to hire a marketing consultant to promote the City. However, Firebaugh participates with the Fresno County Economic Development Commission to promote the City. The City continued to work with Habitat for Humanity to finish a 21-lot Planned Unit Development (San Joaquin Villas) and continues to support processing West Hills College campus redevelopment.
Deleted. This is reported annually in the City’s Annual Progress Report.
C4. Marketing the City. To improve its economy the City should consider hiring a marketing firm to promote Firebaugh and improve its economic diversification, to create new and better paying jobs and housing opportunities.
Due to funding constraints, the City has not been able to hire a marketing consultant to promote the City. However, Firebaugh participates with the Fresno County Economic Development Commission to promote the City.
Continued as Program 20.
D1. Project Review. The City of Firebaugh shall facilitate residential development that is well-designed and maintained, attractive and affordable. Affordable housing units will be accomplished through increased unit densities; attractive design through architectural review through the city’s site plan review process and proper maintenance, through conditions such as maintenance agreements and landscaping and lighting districts.
This action plan is implemented with each development project that is submitted to the City. Because Firebaugh is a small city, it does not have multiple layers of bureaucratic review, which hamper projects in other cities. In 2019, the City processed three major residential developments: Del Rio Estates (33 single-family residential lots); Del Rio Place (56 multifamily residential units); and Greystone Estates (131 single-family residential lots). During 2021 the City processed a complete redevelopment of the Housing Authority's Firebaugh Family Housing complex that will transform it from 34 units to 68 units.
Delete. This is an ongoing process for the City.
D2. Community Development Block Grant Funding. Firebaugh will seek to annually apply for CDBG funds for rehabilitation of housing in Firebaugh. The City will aim to process 5 housing rehabilitations per year under this funding.
The City did not obtain CDBG funding for housing programs during the planning period; therefore, no assistance was provided using this source.
Continued as Program 9.
SECTION 1C-5: REVIEW OF PAST ACCOMPLISHMENTS
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D3. Code Enforcement. Firebaugh will seek to re-establish a code enforcement officer to improve housing conditions in the community. To make the position more affordable, the City will consider sharing the code enforcement officer with neighboring communities (Mendota and Dos Palos).
The City has a full-time code enforcement officer in the Police Department. The City does not maintain statistics on code enforcement cases specifically related to housing issues.
Modified, continued as Program 27.
D4. Community Clean Ups. Firebaugh will continue its semi-annual community cleanup events, where residents are allowed to set out items for disposal or recycling.
The City continues its semi-annual community cleanup events, where residents are allowed to set out items for disposal or recycling.
Deleted.
D5. Redevelopment. The City should consider re-establishing a redevelopment program, as provided for in AB 2 and SB 107 (see right). Such a program would provide important financing tools to allow the City to promote the development of affordable housing and also public works programs.
The City has lacked the resources to establish a redevelopment program and is unlikely to qualify to do so under existing redevelopment law. The City has not received HOME funding since 2012. The City has received CDBG funding nearly every year, but this has been directed toward infrastructure projects. The City has not received LEAP or REAP funding, but it has benefited from LEAP funding received by the Fresno Council of Governments—specifically, a program to promote the construction of accessory dwelling units by offering construction plans to Firebaugh residents at no cost, and also conceptual planning for affordable housing in the downtown area.
Deleted.
E1. Monitor Land Supply. Monitor residential land development and demand, in the context of lands designated for residential development on the Land Use Map of the Firebaugh General Plan. Make adjustments to the map accordingly, as demand warrants, to ensure that an adequate supply of land exists for future residential development.
The City Planner regularly tallies the amount of undeveloped, available land for residential development. Information is not available online but is provided upon request.
Modified, continued as Program 4.
E2. 2030 General Plan Implementation. Implement the 2030 General Plan Update particularly as it pertains to housing programs.
The City has implemented several action plans in the General Plan and other strategies: The City obtained funding for sewer line replacement, upgraded treatment capacity of the wastewater treatment plant, and construction of a new fire station. Most recently the City has witnessed new retail commercial development along State Highway 33. Firebaugh participates with the Fresno County Economic Development Commission to promote the City. The City continued to work with Habitat for Humanity to finish a 21-lot Deleted. This is reported annually on the City’s Annual Progress Report.
APPENDIX 1C: CITY OF FIREBAUGH
1C-166 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program Implementation Status Recommendation
Planned Unit Development (San Joaquin Villas) and continues to support processing West Hills College campus redevelopment.
E3. Utility Master Plans. A review of each of Firebaugh's utility master plans should be conducted over the next five years. These master plan reviews should provide a five-year capital improvement program for each infrastructure system and a mechanism for financing these improvements consistent with AB 1600.
The City has received CDBG funding to prepare studies of the sewer and storm drainage master plans to ensure they can accommodate long-term growth and development. Work is currently proceeding on these studies.
Modified, continued as Program 5.
E4. Utility Priority. The city will give priority for water and sewer service to qualified affordable housing projects, consistent with SB 1087.
The City relied on this policy within the context of the Housing Element, though this did not come up during the 5th cycle Housing Element period.
Modified, continued as Program 5.
E5. Impact Fee Review. The city will review (and update as necessary) its utility impact fees. The fees were last updated in 2006.
The City adopted a new impact fee schedule in 2017. Modified, continued as Program 24.
F1. 2030 General Plan Implementation. Implement policies of the 2030 General Plan update and amend sections of the Firebaugh Zoning and Subdivision Ordinances to promote energy conservation. Specifically, amend sections of the ordinances that refer to solar orientation, planting of street trees, width of streets, and minimizing the use of cul-de-sac streets.
The City continued to implement energy-conservation policies of the General Plan with each new development project, such as requiring shade trees along new streets and design/layout for optimum solar orientation for new developments. Most recently this was accomplished with the 131-lot Greystone Estates subdivision. In the Greystone Estates subdivision, the developer was required to establish street trees for shading and cooling purposes, and most streets in the development were oriented eastwest to optimize active and passive solar energy opportunities.
Deleted.
F2. Weatherization Program. Reinstate implementing weatherization programs for senior and low income households. The rehabilitation of housing units using CDBG funds will include energy conservation improvements, including energy efficient windows, wall insulation, weather stripping, etc.
During the 5th cycle planning period, no weatherization projects were funded.
Continued as Program 29.
F3. Fees for Solar Systems. Adopt reduced building permit fees for the installation of residential solar power systems Due to severe budget constraints, the City has postponed offering fee reductions for solar systems.
Deleted.
G1. Rental Assistance. Firebaugh will encourage rental assistance for extra low-, very low- and low- income households through programs provided by the Fresno County Housing Authority.
The City continued to work with the Housing Authority to assist with their rental programs by providing referrals for interested individuals. In 2020, the City approved the complete redevelopment of the Firebaugh Family Apartments from the existing 34 units to 68 units. Of these, 51 units are deed-restricted for very low-income households and 16 units are for low-income households. The remaining unit is for the site manager.
Modified, part of Program 30.
SECTION 1C-5: REVIEW OF PAST ACCOMPLISHMENTS
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-167 Program Implementation Status Recommendation
G2. Housing Information. Firebaugh will prepare and update a newsletter and brochure detailing equal housing opportunity programs. Consideration will be given to including these brochures in monthly utility bills. This information will also be added to the City’s website and made available at various locations such as City Hall, the Post Office, Library, Community Center, Senior Citizen’s center and other appropriate locations. Information shall be prepared in English and Spanish. Individuals with questions or complaints will be referred to the appropriate department as follows: Code Enforcement and building code issues: Firebaugh Building Department
Planning and zoning issues: Firebaugh Planning Department Landlord issues and complaints: California Department of Fair Employment & Housing
Section 8 and Housing Authority Units: Fresno Housing Authority Completed. The City offers housing information brochures in English and Spanish. These materials are available in the lobby at Firebaugh City Hall.
Deleted.
G3. Accessibility. Firebaugh, through its Site Plan Review and building permit processes will require that all ground floor multifamily housing units meet accessibility requirements of state and federal housing requirements.
The City implements this action plan with all new multifamily development projects. The Rio Villas senior apartments (completed in 2017) features 30 handicap-accessible senior apartments. This two-story project features elevators so that second-floor units are handicap-accessible. In 2019, the City approved the 56-unit Del Rio Place apartments. All 28 groundfloor units are adaptable for disabled individuals.
Deleted. This is an ongoing process for the City.
G4. Promote the Reasonable Accommodations Ordinance. The Planning and Building Department will continue to promote the City’s newly-adopted reasonable accommodations ordinance through the creation of promotional materials – brochures, flyers and on the City’s website.
The City adopted a Reasonable Accommodations ordinance in 2009 and has informational handouts to explain the ordinance. Handouts about the ordinance in English and Spanish are available at City Hall.
Modified, part of Program 22.
G5. Public Participation. The City will continue to implement programs of information and involvement to ensure that all segments of Firebaugh’s population has the opportunity to know and participate in housing programs. These strategies will include the following: a. Make the Housing Element available in electronic form on the City’s website
b. Prepare a written (and on-line) brochure that explains the City’s housing programs and policies. The brochure should be made available in English and Spanish. c. Continue to publicize meetings and events concerning housing.
The Housing Element is posted on the City’s website, and the City has available brochures and other printed materials on housing programs, including hard copy and digital versions.
Deleted.
APPENDIX 1C: CITY OF FIREBAUGH
1C-168 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Program Implementation Status Recommendation
H1. Conversion Monitoring. The City will closely monitor notices of the potential conversion of existing affordable housing projects to market-rate rents, and will undertake actions (as feasible) to try to preserve the affordability of such units. There is one development (Firebaugh Gardens Apartments) whose affordability restrictions may expire in 10 years. The City will also notify tenants of projects for which a notice of conversion has been received. The City will notify appropriate state and federal housing agencies that administer rentrestricted units in Firebaugh that it wishes to receive notices of potential conversion of units to market-rate rents. Entities that have indicated interest in participating in affordability programs are listed in Table 5-5 of Chapter 5.
The City continues to monitor notices of conversion. No conversion notices appeared during the planning period.
According to information in the Housing Element, the Firebaugh Garden Apartments was the next assisted project scheduled to convert to market-rate housing (in 2025). This project sought a continuation of subsidies to preserve its affordability, and the City assisted with this process by reviewing and assisting with renewal applications in a timely manner.
Modified, continued as Program 14.
SECTION 1C-6: PUBLIC OUTREACH AND ENGAGEMENT
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-169 APPENDIX 1C-6: PUBLIC OUTREACH AND ENGAGEMENT
State law requires cities and counties to make a diligent effort to achieve participation from all segments of the community in preparing a Housing Element. Section 65583[c][6] of the California Government Code specifically requires that “[t]he local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the program shall describe this effort.” The diligent effort required means that local jurisdictions must do more than issue the customary public notices and conduct standard public hearings prior to adopting a Housing Element. State law requires cities and counties to take active steps to inform, involve, and solicit input from the public, particularly low-income and racial and ethnic households that might otherwise not participate in the process. Spanish-language materials were available, and Spanish translation was made available by request.
To meet the requirements of state law, the City of Firebaugh completed the public outreach at both the local level and as part of the regional Fresno County Multi-Jurisdictional Housing Element effort to encourage community involvement. These efforts included:
Regional Project Website
Stakeholder Consultations and Focus Groups
Study Sessions with Planning Commissions, City Councils, and the County Board of Supervisors Community Workshops
Community Survey
Regional efforts included three sets of community workshops, consultations, and a community survey, all of which are discussed in detail in Appendix 1: Regional Housing Element Public Outreach.
Joint Planning Commission/City Council Study Session
On September 12, 2022, a Joint Planning Commission/City Council Study Session was held to introduce the 2023- 2031 Housing Element update and to review new State laws. The public was also invited to attend and participate in this virtual event. Staff presented an overview of the Housing Element update process and the required contents of the element, discussed early strategies and possible sites to meet the City’s RHNA, reviewed new state laws, and solicited feedback from the City Council, Planning Commission, and community members on these strategies and other housing needs in Firebaugh. Both the City Council and Planning Commission had no questions at the time of the presentation. No public comments or questions were received during the study session.
Community Workshop
A community workshop was held on August 18, 2022, from 1:00 to 2:30 pm. To invite the community to the event, the following outreach efforts were conducted:
Flyers in English and Spanish were distributed through the Fresno COG email list and list of regional stakeholders and CBOs.
APPENDIX 1C: CITY OF FIREBAUGH
1C-170 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Eventbrite registration pages were created in both English and Spanish along with a Facebook event. o The Eventbrite and Facebook pages advertised that Spanish language interpretation, refreshments, and activities for kids would be provided.
o The Facebook event was posted to City’s Facebook Page. Flyers were sent out through the Fresno Housing Authority to send to residents of affordable housing.
In the presentation, members of the public were introduced to the process of developing the Housing Element both for the region and for the city of Firebaugh. They were also given information about current housing conditions in the region and in Firebaugh and were invited to participate in a discussion about local housing needs. The discussion was prompted by the following questions:
What do you think are the most critical housing issues in your community? What do you think are the housing types most needed in the community? When assessing new housing development that might be built in the next 8 to 10 years, what should be the community’s most important consideration?
Is there anything else that you can share regarding additional housing opportunities in the community? Any suggestions for soliciting additional Housing Element feedback? Three community members attended the workshop. Participants noted that increased demand for housing in Firebaugh during the COVID-19 pandemic drove prices up. About five families moved to Firebaugh from the Bay Area during the last several years.
Mary Ayala, Habitat for Humanity Mortgage Loan Officer, noted that she has been having trouble getting families to qualify for their projects because they are making just above the income limits. Mary noted it is very difficult for affordable housing developers to compete for federal and state funding in the area. In particular, Habitat for Humanity is having a difficult time funding a particular project because it is considered “at risk” by lenders, so Habitat is having to front the money. She added that many farmworkers are impacted by the drought and many are undocumented and legal face barriers to housing like the legal residency requirement for USDA programs.
Ben Gallegos, City Manager, noted that they have to waive impact fees for market rate housing to compete with other areas. They have difficulty in getting developers to come to Firebaugh, but Firebaugh does have a good working relationship with the Housing Authority, Habitat for Humanity, and Self-Help Housing. Ben noted that a predevelopment loan source for housing projects may be useful. Residents are facing other high costs of living like high PG&E utilities. Ben noted that there are many farmers in the west of Firebaugh who are selling their land to housing developers at very high prices and that this cost is then passed on to the homebuyer.
Felipe Perez, mayor pro tem council member, mentioned that there are a lot of fieldworkers making minimum wage that are in need of incentives and subsidies to find housing.
SECTION 1C-6: PUBLIC OUTREACH AND ENGAGEMENT
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-171 The discussion also included conversation about a demand for housing units with three to four bedrooms and housing and programs that serve moderate-income families.
Stakeholder Interviews
Throughout the summer and fall of 2022, several interviews were conducted with stakeholders who work in areas such as housing, homelessness, and other social services in Firebaugh and throughout the Fresno County area.
Summaries of their responses are below.
BIA of Fresno/Madera Counties
The president of the Building Industry Association of Fresno/Madera Counties (BIA), Mike Prandini, was interviewed in November 2022. The BIA is an industry organization that represents builders, developers, subcontractors, and affiliated businesses in the residential, commercial, and industrial building industry throughout the region.
The current shortage of housing has created demand, which can be a positive for BIA’s members. Most jurisdictions have sufficient available land to build new housing. Kingsburg was identified as an outlier in this, as they have a growth limitation ordinance, so the two builders that work in the area have been able to work but at a slower pace.
The statewide move to require all-electric utilities rather than gas is a concern. For market-rate housing, the State’s vehicle miles traveled (VMT) regulations are a large barrier, as transit isn’t reliable, and a car is necessary to get around. Builders have to pay a fee to get around the cost of mitigating car miles unless City Councils can make a finding of an unavoidable impact. For affordable housing, the prevailing wage requirements are a barrier to development due to the increased cost. Infrastructure costs also affect both types of projects. Streamlining tools help with increasing costs, but not enough. A lack of local water access is also a barrier to development. He expressed concern that the State assigned the RHNA without this in mind. There may not be enough water access to support the housing development that the State is looking to see. To incorporate this feedback, the City has included Program 5, through which the City will review its utility master plans to ensure that water and wastewater infrastructure systems are sufficient to provide service to housing in the city by providing a capital improvement program and financing mechanism for each system.
In his experience, single-family homes are in greatest demand. There is a lot of demand for low-income housing projects, but these aren’t financially viable for developers without government subsidy. However, including government subsidy in projects increases the overall cost to build, as it triggers prevailing-wage requirements. A recent affordable development in the City of Fresno cost around $400,000 per unit to build. Condo-style projects are also a possibility, but in his experience, they don’t tend to be successful in this region. To keep prices within reach of local residents, recent projects have needed to be built at higher densities. A typical project is between 8 and 15 units per acre on small lots, with single-family homes built as two-story structures in order to reach 1,200 or 1,300 square feet. Developers need to build higher-density projects to spread out the cost of infrastructure among a larger number of units. To incorporate this feedback, the City has included Program 10, through which the City will pursue funding to incentivize the development of affordable housing. Demand isn’t as high in smaller communities as it is in the cities of Fresno and Clovis. These cities have better access to jobs, education, and medical centers. VMT mitigation costs increase in communities that are far from these economic centers, so it’s less of an APPENDIX 1C: CITY OF FIREBAUGH
1C-172 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 issue in closer communities like Sanger, Reedley, Kingsburg, Fowler, and Kerman. Coalinga is too far away from the economic center of the region, which causes challenges. Many residents of Mendota and San Joaquin have incomes that are too low to afford development at its current costs. He indicated that more downpayment assistance and maintenance programs are needed throughout the region. Fresno Housing Authority has some, but they’re limited.
Fair Housing of Central California
A representative of Fair Housing of Central California (FHCCC) was interviewed on September 27, 2022. The organization works to eliminate housing discrimination and expand housing opportunities to all persons. The FHCCC receives any fair housing complaints and tracks them by location, zip code, gender, race or ethnicity, and type of complaint. The most common fair housing issue that clients report is discrimination related to disability or race. She expressed concern that fair housing practices are not really embraced by local government, and that cities should avoid promoting the development of new housing in neighborhoods where segregation is deliberately continued by landlords and real estate agents. Her clients prefer decent, affordable, and accessible housing, but as the cost of purchasing a home increases, opportunities decline. She feels there is adequate rental housing in the community, including for seniors and persons with disabilities, but affordability and accessibility remain barriers.
In order to incorporate this feedback, the City has included Program 22, through which the City will encourage housing developers to include mobility-impaired accessibility in their project designs and prioritize these types of projects to increase housing mobility opportunities for seniors and persons with disabilities. Additionally, the City has included Program 31, through which it will establish a procedure to refer residents with fair housing questions or issues to the Fair Housing Council of Central Valley (FHC-CC), California Rural Legal Aid (CLRA), and other fair housing organizations, and will provide fair housing information on the City’s website and in printed materials available in public buildings in both English and Spanish.
Fresno Madera Continuum of Care
As a representative for the Fresno Madera Continuum of Care (CoC), Laura Moreno was interviewed in October 2022. Ms. Moreno is a program manager for Fresno County’s Department of Social Services (DSS). The CoC does not provide direct services, but instead is a collaborative of agencies that work together to provide homeless services. At present, there is insufficient low-income housing for those who are homeless. Many people in the region are on a fixed income, including disability or social security, and cannot afford housing. To incorporate this feedback, the City has included Program 13, through which the City will seek and pursue state and federal funding to offer incentives and concessions to developers in order to encourage the development of housing affordable to those with extremely low incomes, including by identifying a development partner such as Habitat for Humanity and/or Self Help Enterprises to develop housing projects for lower-income families.
SECTION 1C-6: PUBLIC OUTREACH AND ENGAGEMENT
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-173 Law Office of Patience Milrod
Fresno-area civil rights attorney Patience Milrod was interviewed on October 31, 2022. While Ms. Milrod supports the continued attention to inclusionary housing, she has concerns about the passive language of “facilitate” and “encourage” that has been common in past Housing Elements. She identified code enforcement as a strategy for improving housing quality that could be strengthened. At present, rents are increasing while the quality of housing is decreasing and there isn’t a lot of energy locally to correct that imbalance. This particularly hurts lower-income households. With more aggressive code enforcement in place, she suggested that some landlords may decide that the cost of maintaining their property isn’t worthwhile and may choose to sell to a community land trust or Habitat for Humanity rather than entering receivership. She would like to see that as a specific goal. To address issues of substandard housing identified by Ms. Milrod, the City has included Program 27, through which the City Code Enforcement Division will continue to use code enforcement and substandard abatement processes to bring substandard housing units and residential properties into compliance with City codes. The City will also continue to apply for CDBG funding to facilitate rehabilitation projects as part of Program 9. Ms. Milrod indicated that biggest barrier to finding affordable, decent housing in the region was that lower-cost housing tends to also be low quality or ill maintained. However, she cautioned that the supply problem won’t be solved with suburban or exurban single-family dwelling units. There’s also local disinclination to build lower-income housing in areas of opportunity. She suggested that cities should ask for affordability covenants in perpetuity and highlighted the land trust model as a way to enable that. To incorporate this feedback, the City has included community land trusts as a possible housing strategy that will be considered as part of Program 17.
Central Valley Urban Institute
On September 07, 2022, Eric Payne, the executive director of the Central Valley Urban Institute (CVUI), was interviewed. The CVUI is an advocacy organization working throughout the Fresno area. He indicated that there may be opportunities to increase affordable housing stock production, particularly in infill areas and brownfields, as well as to increase homeownership through programs like the downpayment assistance program. However, he expressed concerns about high building costs, lack of financing, and poor leadership in the area. Community members would like to see intergenerational housing, middle-income housing, and “missing-middle” sized housing as well as housing to end homelessness, particularly among college-aged youth. At present, he does not believe that there are adequate opportunities for homeownership or adequate rental housing. The largest barriers are access to credit, lack of financial education, and existing housing cost burden. There is a lack of investment in programs that serve low- to moderate-income communities. To incorporate this feedback, the City has included Program 17, through which the City will encourage a variety of housing types, which could include “missing-middle” housing types such as duplexes and townhomes. Additionally, the City has included Programs 10 and 13, through which it will provide incentives and financial support for the development new affordable housing that serves lowerincome households.
APPENDIX 1C: CITY OF FIREBAUGH
1C-174 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Resources for Independence Central Valley
On November 1, 2022, a representative from the organization Resources for Independence Central Valley was interviewed. The representative expressed concern about laws in the City of Fresno that prevent homeless community members from camping or living in their cars. Homelessness is increasing, but the City is investing resources in enforcing these laws rather than providing assistance. There is funding to move homeless people around, but not to improve anyone’s living situation. Access to Section 8 can be a challenge, as the waiting list can be four or five years long. Through Program 30, the City will work to encourage the property owners/managers of at least 30 units to accept HCVs during the planning period.
Additionally, rental housing can require incomes of two to three times the rent, which can be a barrier to some who need to access rental housing. For those who may be able to access housing, some landlords levy additional fees during the application process that can present a prohibitive cost. Credit checks are becoming a barrier for residents to get into housing. Community members with disabilities can experience additional challenges trying to find homes that have necessary accessibility features. Homeowners with disabilities end up needing to make expensive home improvements in order to make their homes accessible for themselves. For renters, these improvements may be more challenging to implement, and those who use service or support animals may experience discrimination against pets. There isn’t enough higher-density housing, housing near transit or major transportation corridors, or housing in good repair. To address this feedback, the City has included Program 22, through which the City will encourage housing developers to include mobility-impaired accessibility in their project designs and prioritize these types of projects to increase housing mobility opportunities for seniors and persons with disabilities.
Llaves de tu Casa Iniciativa
As a follow-up to the regionwide stakeholder focus groups held in October and November 2022, a collection of members from the Llaves de tu Casa Iniciativa (LDTC) met on December 13, 2022, to respond to several stakeholder interview questions. The initiative is a financial education program open to all County of Fresno residents but with a focus on increasing Latino homeownership rates. Eight initiative members represented organizations and companies, including Envision Fresno (Mirna Garcia), Self Help Enterprises (Rick Gonzales, Alicia Bohigian), CORE Home Loans (Pablo Estrada), Union Bank (Reyes Ruiz), the California Association of Realtors (Sabrina Brown), and the National Association of Hispanic Realtors (Aldiva Rubalcava, Lucy Sandoval).
The group collectively serves Fresno County, and members also serve other counties in the Central Valley.
The opportunities for future housing in the region that the initiative members identified included LTDC’s ability to provide homeownership education virtually and in partnership with other local organizations. There has been a lack of financial literacy in the community along with challenges in using technology and language barriers.
The initiative members expressed concerns about affordability, including the location of affordable housing in undesirable areas. Upzoning single-family zoning would create more opportunities for the development of multifamily housing in more desirable locations. Some funding is only available in certain areas, which can exacerbate existing patterns of segregation and close proximity to industrial uses. They also expressed concern about investors displacing community members in order to establish short-term rentals while community members SECTION 1C-6: PUBLIC OUTREACH AND ENGAGEMENT
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-175 live in hotels. The State’s mandate to install solar panels on new homes was also cited as an additional cost that will drive up the buyers’ or renters’ cost.
The gap between ownership housing affordability and program income limits was identified as a barrier to accessing housing. Moderate-income households earn too much to qualify for housing assistance, but those who qualify aren’t able to afford the housing available. In addition to a lack of multifamily rental housing, there aren’t many condo buildings in the region, which could present another affordable homeownership strategy. The establishment of land trusts was also identified as a potential strategy for increasing affordability, as well as donations of land from municipalities. To incorporate this feedback, the City has included community land trusts as a possible housing strategy that will be considered as part of Program 17.
Self Help Enterprises has partnered with the City of Clovis on their recent accessory dwelling unit program and has partnered with Salt + Light to develop tiny homes for transitional housing.
Fresno Housing Authority
Two representatives from the Fresno Housing Authority, Doreen Eley and Michael Duarte, were interviewed on January 11, 2023. The Fresno Housing Authority currently has housing projects in every jurisdiction participating in the Multi-Jurisdictional Housing Element except for Coalinga. The City of Fresno has a separate Housing Authority.
The representatives noted that there is tremendous demand for housing in all communities in Fresno County. The last time the Section 8 waiting list opened they received more than 50,000 applications. Recently, when a 60-unit development in Clovis opened, they received more than 10,000 applications. When a project in downtown Fresno opened, they received 4,000 applications within a two-week period. Rents are high, which is challenging for residents but good for developers. The region needs more housing opportunities for people experiencing homelessness. To incorporate this feedback, the City has included Program 13, through which the City will continue to seek and pursue state and federal funds to offer a variety of incentives or concessions to encourage the development of housing affordable to extremely low-income households.
In rural and unincorporated communities, lack of water and sewer capacity is a major concern. The Housing Authority can’t build housing in areas with no services.
For local developers, state funding and streamlining programs trigger skilled, trained, and prevailing wage requirements, which can be a barrier. Entitlement processing timelines are a barrier to development for the Housing Authority. The representatives gave the example of a recent project in San Joaquin where streamlined initiatives were used, but the project still took a year to finish the project review process. Many communities don’t have much staff capacity and have part-time consultants to complete the work.
There is also a lack of capacity among agencies that provide services in rural and unincorporated areas. This is especially challenging for special needs populations that need mental health services. There is a countywide Department of Behavioral Health, but no offices in smaller cities. The representatives gave the example of a APPENDIX 1C: CITY OF FIREBAUGH
1C-176 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 Homekey project in Huron that the Housing Authority wanted to assist with, but there were no service providers available to serve the project.
While there is a lot of interest within the community for homeownership opportunities, more funding is available for multifamily rental projects. The Housing Authority is more focused on rental projects and arriving at deeper affordability levels.
The Housing Authority is following the State’s lead in providing housing in high opportunity areas. There are lots of incentives to do this to compete for tax credits and other state funding programs. The representatives mentioned that they are trying to balance this need by also working to improve the lower-resource areas where folks are already living along with disadvantaged communities like Del Ray and Lenar.
The COVID-19 pandemic brought challenges for many residents of Housing Authority projects. There were increases in domestic violence, and it was challenging for property managers to enforce rules.
Noticing of Study Sessions and Community Workshops
Notice of the Joint Study Session was made available as part of the City’s standard meeting notice process for City Council and Planning Commission meetings.
The Community Workshop was advertised to members of the public through multiple information channels. Flyers in English and Spanish were distributed through the Fresno COG email list and list of regional stakeholders and CBOs. Flyers were also sent to the Fresno Housing Authority for them to post and distribute.
Noticing of the Draft Housing Element
Per California Government Code Section 65585, the draft Housing Element was made available for public comment for 30 days, from September 22, 2023. The draft was made available on the City’s website and was noticed to residents through the same methods as the Planning Commission and City Council meetings. Additional direct noticing was sent to local housing advocate groups and other stakeholders.
Comment Letter
Self-Help Enterprises (SHE) provided a comment letter to several Fresno COG jurisdictions with numerous broadly applicable recommendations. Although the letter was not directly send to the City of Firebaugh, the City has taken these recommendations into consideration. SHE urges its service area members, including the City of Firebaugh, to prioritize high-potential sites that unlock access to opportunity and not just basic shelter. As shown in Figure 1C2 Local TCAC/HCD Opportunity Map, sites counted towards each RHNA income category are distributed across the City; however, no areas of the city are considered high- or highest-opportunity areas. SHE encourages the City to streamline approvals and create financial incentives (including fee waivers or deferrals) for 100 percent affordable housing. Per Programs 7, 10, 12, 13, 15, 23, and 25 the City will continue to use streamlined approvals and offer incentives (including fee waivers or deferrals) to facilitate lot consolidations and lot splits, and to encourage affordable housing, housing for farmworkers and ADUs. SHE encourages jurisdictions to add a program to revise their zoning ordinance to add a manufactured home on a permanent foundation to be allowed in all zones SECTION 1C-6: PUBLIC OUTREACH AND ENGAGEMENT
FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 1C-177 that allow single-family residences, which Firebaugh already allows as such. SHE calls for a collaborative effort and the City of Firebaugh stands ready to partner with SHE as opportunities arise.
The City will continue to consider public comments through the Housing Element update process.
APPENDIX 1C: CITY OF FIREBAUGH
1C-178 FRESNO MULTI-JURISDICTIONAL HOUSING ELEMENT | JUNE 2024 This page intentionally left blank.
A Regional Plan for Addressing Housing Needs
Fresno County Coalinga Firebaugh Fowler Fresno City Huron Kerman Kingsburg Mendota Orange Cove Parlier Reedley San Joaquin Sanger Selma ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE PLACEWORKS.COM
ORDINANCE NO. 24-02
ORDINANCE OF THE CITY OF FIREBAUGH CALLING FOR A SPECIAL
ELECTION CONSOLIDATING IT WITH A STATEWIDE ELECTION, AND
SUBMITTING FOR RATIFICATION OR REJECTION THE QUESTION OF
WHETHER TO MAKE THE OFFICE OF CITY CLERK APPOINTIVE
Pursuant to the provisions of California Govemment Code sections 36508 and 36509 and California Elections Code section23302, the city Council of the City of Firebaugh does hereby ordain:
SECTION l: The City Council of the City of Firebaugh hereby calls for a special election to be held for the purpose of submitting to the electors of the City of Firebaugh the question of whether the elective office of City Clerk shall be appointed by the City Council and hereby consolidates aid special election with the statewide primary election to be held on the 5th day of November, 2024.
SECTION 2: The question of whether the elective offices of City Clerk shall be appointed by the City Council shall be and the same hereby is ordered submitted to the electors of the City of Firebaugh at said special election and said question shall be printed on the election ballot in the following form:
"Shall the office of City Clerk be appointive?"
The words "yes" and "no" shall be so printed on the
ballots that the electors may express their choice.
SECTION 3: If a majority of the votes cast on the question is for it, the Firebaugh Municipal Code shall hereby be amended by adding sections 2-16 thereto to read as follows *2-16 City Clerk
2-16.I Appointment.
The City Clerk shall be appointed by the City Council.
2-16.2 Compensation.
The City Clerk shall receive such compensation as the City Council shall determine." SECTION 4: This ordinance shall be published at least three times in a newspaper of general circulation published and circulated in the City of Firebaugh with the hrst publication hereof occurring within seven (7) days of passage hereof and the last day of publication hereof being not less than seventy-four (74) days prior to the date of said election.
The foregoing ordinance was introduced by the City Council of the City of Firebaugh, California, at aregtlar meeting held on this 1't day of Ju|y,2024, and was passed and adopted by the City Council on this _ day of
-,
2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
MEASURE TO BE VOTED ON
Notice is hereby given that the following measure is to be voted on at the municipal election to be held in the City of Firebaugh, on Tuesday, the 5th day of November, 2024.
The proposed measure would change the City Clerk's position from an elected position to an appointed position. Currently, the City Clerk position is elected by the public. State law allows the City Clerk to be appointed by the Council instead of elected. Historically, there have been few to no candidates that run for office of City Clerk, so the City Council will at times, appoint someone to the position. The City Clerk is responsible for keeping an accurate record of Council meetings, maintaining and keeping ordinances, acts as the custodian of the city seal and other duties as required by the Government Code and Firebaugh Municipal Code. The current City Clerk is an employee who is performing the duties at no extra cost to the City. Voting yes on the measure means the City Clerk would be appointed by the City Council permanently and no one will have to run for the seat. Voting no on the measure means that the City Clerk would remain an elected position.
ORDINANCE NO. 24.03
ORDINANCE OF THE CITY OF FIREBAUGH CALLING FOR A SPECIAI,
ELECTION CONSOLIDATING IT WITH A STATEWIDE ELECTIONO AND
SUBMITTING FOR RATIFICATION OR REJECTION THE QUESTION OF
WHETHER TO MAKE THE OFFICE OF CITY TREASURER APPOINTIVE Pursuant to the provisions of California Government Code sections 36508 and 36509 and California Elections Code section23302, the city Council of the City of Firebaugh does hereby ordain:
SECTION 1: The City Council of the City of Firebaugh hereby calls for a special election to be held for the purpose of submitting to the electors of the City of Firebaugh the question of whether the elective office of City Treasurer shall be appointed by the City Council and hereby consolidates aid special election with the statewide primary election to be held on the 5th day of November, 2024.
SECTION 2: The question of whether the elective offices of City Treasurer shall be appointed by the City Council shall be and the same hereby is ordered submitted to the electors of the City of Firebaugh at said special election and said question shall be printed on the election ballot in the following form:
"Shall the office of City Treasurer be appointive?"
The words "yes" and "no" shall be so printed on the
ballots that the electors may express their choice.
SECTION 3: If a majority of the votes cast on the question is for it, the Firebaugh Municipal Code shall hereby be amended by adding section 2-17 thereto to read as follows:
"2-17 City Treasurer
2-17.I Appointment.
The City Treasurer shall be appointed by the City Council. 2-17.2 Compensation.
The City Treasurer shall receive such compensation as the City Council shall determine." SECTION 4: This ordinance shall be published at least three times in a newspaper of general circulation published and circulated in the City of Firebaugh with the first publication hereof occurring within seven (7) days of passage hereof and the last day of publication hereof being not less than seventy-four (74) days prior to the date of said election.
The foregoing ordinance was introduced by the City Council of the City of Firebaugh, California, at aregalar meeting held on this I't day of Ju|y,2024, and was passed and adopted by the City Council on this _ day of
_, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
MEASURE TO BE VOTED ON
Notice is hereby given that the following measure is to be voted on at the special municipal election to be held in the City of Firebaugh, on Tuesday, the 5th day of November, 2024.
The proposed measure would change the City Treasurer's position from an elected position to an appointed position. Currently, the City Treasurer position is elected by the public. State law allows the City Treasurer to be appointed by the Council instead of elected. Historically, there have been few to no candidates that run for office of City Treasurer, so the City Council will at times, appoint someone to the position. The City Treasurer is responsible for complying with all laws governing the deposit and securing of public F dt and the handling of trust funds in his possession as required by the Government Code. The current City Treasurer is an employee who is performing the duties at no extra cost to the City. Voting yes on the measure means the City Treasurer would be appointed by the City Council permanently and no one will have to run for the seat. Voting no on the measure means that the City Treasurer would remain an elected position.
RESOLUTION NO.24-35
A RESOLUTION OF TIIE CITY COUNCL OF'THE CITY OF FIREBAUGH AMENDING RESOLUTTON NO. 24-19, SECTION 1, THE HOLDTNG OF A GENERAL MII|{ICIPAL ELECTION TO BE HELD IN SAID CITY ON TIIESDAY NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OF'f,'ICERS OF SAID CITY
WIIEREAS, the next Statewide General Election to be held in the County of Fresno will take place on November 5,2024; and
WIIEREAS, the City Council of the City of Firebaugh passed Resolution No. 24-19 on May 6,2024 for the election of certain officers of said city and requesting the board of supervisors of the county of Fresno to consolidate and canvass the general municipal election to be held on November 5,2024 with the statewide general election to be held on that date.
NOW, THEREFORE, BE IT RESOLVED that Resolution No.24-34 supersedes Section 1 of Resolution No.24-19
Section 1 is hereby amended as follows:
SECTION 1. A General Municipal Election is called and ordered for the City of Firebaugh to be held on November 5,2024, for the pulpose of the election of (3) Council Members of the City Council to represent the City of Firebaugh each for a four year term. Additionally, a General Municipal Election is called and orderedfor the City of Firebaugh to be held on November 5, 2024,for the purpose of the electionfor two (2) measures calling for the positions of City Clerk and City Treasurer to be appointed positions by the City Council for two (2) year terms, rather than elected positions, THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED by the City Council of the City of Firebaugh at a regular meeting of the City Council held on July 1, 2024,by the followingvote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Elsa Lopez, Mayor
City of Firebaugh
Rita Lozano, Deputy City Clerk
City of Firebaugh
RESOLUTIONNO. 24-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING RESOLUTION NO. 24.17 RELATING TO THE MUNICIPAL ELECTION oN NOVEMBER 5,2024, LOCAL BALLOT MEASURE TRANSTTTONING THE OFFTCE OF TIIE CITY CLERK FROM AN ELECTED POSITION TO AN APPOINTED POSITION.
WHEREAS, the next Statewide General Election to be held in the County of Fresno will take place onNovember 5,2024; and
WHEREAS, the City Council of the City of Firebaugh passed Resolution No. 24-17 on May 6, 2024 for the purpose of submitting to the voters a ballot measure to approve transition the position of the City Clerk from an elected position to an appointed position. and canvass the general municipal election to be held on November 5,2024 with the statewide general election to be held on that date.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 24-36 supersedes Section 1 of Resolution No. 24-17.
Section 1 is hereby amended as follows:
1. Call for Election. The City Council hereby calls a municipal election on November 5,2024, for the purpose of submitting to the voters a ballot measure to approve transition the position of the City Clerk from an elected position to an appointed position/ar a term of two years.
THE FOREGOING RESOLUTION WAS APPROVED AI\D ADOPTED by the City Council of the City of Firebaugh at a regular meeting of the City Council held on July 1 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
RESOLUTION NO. 24-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING RESOLUTION NO. 24.16 RELATING TO THE MUNICIPAL ELECTTON ON NOVEMBER 5, 2024, LOCAL BALLOT MEASURE
TRANSITIONING THE OFFICE OF THE CITY TREASURER FROM
AN ELECTED POSITION TO AN APPOINTED POSITION.
WHEREAS, the next Statewide General Election to be held in the County of Fresno will take place on November 5,2024; and
WHEREAS, the City Council of the City of Firebaugh passed Resolution No. 24-16 on May 6, 2024, for the purpose of submitting to the voters a ballot measure to approve transition the position of the City Treasurer from an elected position to an appointed position. and canvass the general municipal election to be held on November 5,2024, with the statewide general election to be held on that date.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 24-37 supersedes Section I of Resolution No. 24-16.
Section 1 is hereby amended as follows:
1. Call for Election. The City Council hereby calls a municipal election on November 5,2024, for the purpose of submitting to the voters a ballot measure to approve transition the position of the City Treasurer from an elected position to an appointed position.,far a terrn of two years.
THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED by the City Council of the City of Firebaugh at a regular meeting of the City Council held on July l, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
RESOLUTION NO. 24-22
A RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF FIREBAUGH APPROVING AMENDMENTS TO THE PERSONNEL RT]LES OF THE CITY OF'FIREBAUGH WHEREAS, the City Council of the City of Firebaugh and its employee unions have reviewed the contents of the personnel policies and procedures for City employees of the City of Firebaugh entitled the "Personnel Rules of the City of Firebaugh"; and
WIIEREAS, the City Council found and determined that the adoption of these Personnel Rules, on June 19,2017 were in the best interests of the City of Firebaugh and its employees; and WHEREAS, several minor changes are required to be made to these Personnel Rules.
NOW, THEREFORE, BE IT RESOLVED BY THE COTNCIL OF THE CITY OF FIREBAUGH, CALIFORNIA as follows:
The Personnel Rules of the City of Firebaugh are hereby amended in the following Rules as follows:
I. PERSONNEL SYSTEM
A. Adoption of Personnel System
In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the Personnel Rules of the City of Firebaugh (hereafter referred to as "Personnel Rules"), are hereby adopted.
C. Competitive Service
The provisions of the Personnel Rules adopted herein shall apply to all officers, positions and employees in the service of the City of Firebaugh, except the Personnel Rules I, II, V, VI and VII of these Rules shall not, unless otherwise and specifically described, apply to the following:
1. Elective Officers
b. City Treasurer
3. Management Employees:
e. Fire Chief; and
D. Status of Present Employees
Any person holding a position included in the competitive service who, on the effective date of these Personnel Rules, shall have served continuously in such position or in some other position in the competitive service for a period exceeding the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without a qualiSring test, and shall thereafter be subject in all respects to the provisions of these Rules.
G. Independent Contracts for Special Service
The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical, expert, professional or other services which City employees are not qualified or available to perform. The City Council may contract with any qualified person or public or private agency for the performance of such services.
II. PERSONNEL RECRUITMENT AND TERMS OF EMPLOYMENT
B. RecruitmentPractices
5. Disqualification
c. The applicant was under the influence of controlled substances or alcohol at the time of examination; and/or
6. Applicants with Felony or Misdemeanor Convictions
The City will not conduct any background checks into criminal history of any applicants unless and until that applicant has received a conditional offer of employment. If the City issues a conditional offer of employment, this means that the City has determined that this individual meets the minimum employment qualifications for the position.
Once a conditional offer of employment is made, the City may conduct a criminal background check. Convictions, including pleas of guilty and nolo contendre, of any felony or a misdemeanor involving moral turpitude or unfitness for employment may disqualiff an applicant for employment or be grounds for removing the name of an eligible candidate from any employment list. Other Convictions may disqualify an applicant, depending on the job being applied for and factual circumstances of the crime committed.
If there is something discovered about the applicants criminal history, either by individual's disclosure or discovery through the background check, the City shall then conduct an individualized, case-by-case analysis of the facts of each applicant's criminal history before making a decision regarding their employment.
C. Appointment
3. Regular Appointment and Probationary Period
b. Length of Probationary Period
All regular and promotional appointments shall be tentative and subject to a probationary period ofone (1) year ofactual service. Leaves ofabsence or assignments out ofclass, for any reason, shall not be counted toward the completion of the probationary period and the probationary period shall be extended by the number of hours of such leaves or assignments. The Personnel Officer, at their discretion, may extend such a probationary period up to six (6) additional months of actual service.
IV. PAID AND T]NPAID TIME OT'T'WORK
E. Administrative Leave
2. ReliefofDuty
The Personnel Officer may place an employee on administrative leave with full pay and benefits for an indeterminate period when circumstances exist such that the public interest requires that the employee be relieved from active duty and/or an investigation is taking place.
Such relief of duty shall not constitute punitive or disciplinary action. During the period of relief of duty, the employee may be required to regularly report to the department director or his designee in a manner described in writing by the department director to the employee.
H. Bereavement Leave
In the event of a death in a regular full-time employee's immediate family, that employee may have up to five (5) working days, with pay, to handle family affairs and to attend the funeral. "Immediate Family" is defined as father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, daughter-in-law, son- in-law, grandparents, grandchildren, stepfather, stepmother, and stepchild.
J. California Family Riehts Act (CRFA Leave)
The City will provide up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons in a l2-month period rolling backwards upon approval of the Personnel Officer. Employees are eligible for this leave under California Family Rights Act (CFRA) if they have been employed by the City for at least one year, have worked I,250 hours in the previous 12 months, and meet other eligibility requirements prescribed by law.
Leave may be taken for one or more of the following reasons:
. Your serious health condition that makes you unable to perform your job; . To care for your family member who has a serious health condition. For purposes of CFRA leave, a "family member" includes your:
. Spouse;
. Parent;
. Child of any age;
. Registered domestic partner;
. Grandparent;
. Grandchild;
. Sibling;
. Parent-in-law;
. One "designated person" - defined as any individual related by blood or whose association with employee is the equivalent of a family relationship. . The birth of your child, or placement of a child with you for adoption or foster care;
. Because ofa qualifying exigency related to covered active duty or a call to covered active duty of your spouse, registered domestic partner, child, or parent in the Armed Forces of the United States. (See Quali$'ing Exigencies Related to Active Duty below.)
Please note that incapacity due to pregnancy, prenatal medical care or childbirth is not an eligible reason for CFRA leave.
Qualifring Exigencies Related to Active Duty
. Eligible employees whose spouse, domestic partner, child, or parent is on covered active duty or call to covered active-duty status may use their l2-week leave entitlement for certain qualifying exigencies. Qualifuing exigencies may include, but are not necessarily limited to, attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable." The City may require medical certification to support a request for leave because of a serious health condition and may require a second or third opinion (at the employer's expense) and a return-to-work report from the employee's health care provider if leave is taken for the employee's own serious health condition. Paid leave shall run concunently with family and medical care leave before unpaid leave will be allowed.
The City will maintain the employees' health coverage during the period of CFRA leave to the extent it would otherwise, had the employee been continuously employed. Upon return from leave, an employee will be restored to his original or equivalent position with equivalent pay, benefits, and other employment terms, provided he meets the eligibility requirements prescribed herein and by law. The use of CFRA leave will not result in any loss of employment benefit that accrued prior to the start of an employee's leave.
V. DISCIPLINARY ACTIONS
C. Disciplinary Policv and Procedure
4. Evidentiary Appeal
b. Representation. The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of their choosing, including other City employees, with the exception of supervisory, management, and confidential employees. c. Failure of Employee to Appear. Failure of the appellant to personally appear at the hearing without providing reasonable notice of inability to atte,nd, shall be deemed a withdrawal of his appeal and the Final Notice of Discipline shall be final.
VII. EMPLOYEE GRIEVANCES
E. Procedures
l. Step One - Immediate Supervisor
a. The employee shall file a completed written grievance form to his supervisor within ten (10) calendar days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance.
5. Step Three - Binding Arbitration
a. If the response at Step Two does not resolve the grievance, the grievant and Union may jointly request that the matter be submitted to binding arbitration. Such request shall be made in writing to the City Manager within five (5) calendar days of the grievant's receipt of the Step Two response. An arbitrator may be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator within a reasonable time, as determined by the City, they shall make a join request to the State Mediation & Conciliation Service for a list of seven (7) arbitrators who have had experience in the municipal sector.
The parties shall select the arbitrator by alternately striking names from said list until one name remains; such person shall then become the arbitrator. The first party to strike a name shall be determined by the toss of a coin.
V[I. PREVENTION OF HARASSMENT
A. Purpose
1. Policy Statement
2. Definitions
b. Harassment
a
The City has zero tolerance for any conduct that violates this policy. Conduct need not arise to the level of a violation of law to violate this policy. A single act can violate this policy and provide grounds for discipline or other appropriate sanctions, up to and including discharge.
The City will take appropriate preventative, corrective and/or disciplinary action in response to behavior that violates this division or the rights and privileges it is designed to protect. a
a
a
Harassment can include any form or combination of verbal, physical, visual, or environmental conduct. It need not be explicit or specifically directed at the victim.
Sexually harassing conduct can occur between people of the same or different genders.
Prohibited Harassment included but is not limited to:
Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, posts or messages; Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
. Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;
a Retaliation for reporting or threatening to report harassment; and Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by company policy.
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.
Prohibited harassment is not just sexual harassment but harassment based on any protected category.
3. Supervisor-Subordinate Relationships
Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. Employees engaged in such a relationship must immediately report their relationship to the Personnel Officer. The employees in said relationship may continue their employment but not in a supervisor- subordinate role. The employees shall have first right to determine which of them will be transferred to an open position, if any exists, for which they meet the minimum qualifications. The City may unilaterally transfer one of the employees if one does not volunteer within frve (5) calendar days of reporting the relationship.
Failure to comply with this reporting requirement shall be grounds for discipline, including dismissal.
4. Responsibilitv
b. All employees shall promptly report any conduct which violates this policy to their immediate supervisor, manager, any department head, the Personnel Officer, or appropriate authority figure. This includes any instances of discriminatory harassment which they directly observe, whether or not the conduct is reported by the employee who is the object of such conduct.
B. Investisation of Complaint
1. Informal resolution
Whenever possible, employees who believe that they are experiencing discrimination and/or harassment are encouraged to inform the individualthat his behavior is unwelcome, offensive, unprofessional or highly inappropriate. If this does not resolve the concem or if an employee feels uncomfortable, threatened, or has difficulty expressing his concern, informal assistance or counseling should be sought from a supervisor. No employee is required to attempt informal resolution before filing a complaint.
3. Option to Report to Outside Administrative Agencies
An individual has the option to report harassment, discrimination, or retaliation to the U.S.
Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD) . These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the govemment section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers.
a
5. Documentation
The City Clerk shall maintain a complaint file containing copies of investigation files. The information contained in this file is confidential and privileged, subject to disclosure only under appropriate legal measures. Department heads may review investigation files concerning their departments only with the prior approval of the City Manager. In cases of confrmed claims resulting in discipline, the personnel file of the disciplined employee will contain appropriate documentation relating to the disciplinary actions taken. In cases of unsubstantiated and unfounded claims not resulting in discipline, the investigation file will be maintained for four (4) yean.
IX. SUBS ARI]SE POLICY AND TESTING
C. Employee Requirements
1. Employees shall not report to work or be on duty, nor be subject to call-in, while under the influence of or in possession of alcoholic beverages, illegal drugs or other substances while on City property and wherever City business is performed. An employee is on duty during working hours, including breaks, during meal periods.
6. An employee must immediately submit to an alcohol or drug test, other than such that tests for the presence of non-psychoactive cannabis metabolites, by a City-selected physician or laboratory when there exists reasonable cause to suspect that the employee is or was impaired or under the influence of drugs or alcoholic beverages while on City duty.
D. Procedures
1. Drug and Alcohol Testine
Nothing in this section applies to the use of any testing that identifies non-psychoactive metabolites found in cannabis. Such testing procedures will not be employed for employment decisions, including hiring, firing, or any disciplinary measures.
XI. MISCELLAI\EOUS
C. Right to Search Citv Property. Employees and Proper Use of City Equipment Employees have no reasonable expectation of privacy in the workplace as it pertains to City Property and Equipment. Therefore, to the fullest extent allowed under the law, the City will search and inspect its facilities, employees and the personal property of employees as necessary to insure the City's interests are protected. Situations in which this may arise include suspicion of employee theft, incidents of violence or threats of violence, when an employee is suspected of the use, sale, or distribution of drugs, improper or illegal use of City facilities, misuse of City technology such as the Internet, e-mail or voicemail and other situations in which the City believes a search and inspection is appropriate.
(Paragraph 5 and 6 of section C)
Employees have no reasonable expectation of privacy as to any information or file maintained in or on City property or transmitted or stored through the City's computer systems, voicemail, email, or other technical resources. All bills and other documentation related to the use of the City's equipment or property are the property of the City and may be reviewed and used for purposes that the City considers appropriate.
Although employee may be provided a password, the City retains the right to review the entire contents of employee's computer at any time. Do not share password with other employees.
Passwords are used to track computer use. Failure to follow this policy may lead to discipline including termination.
E. Incompatible or Conflictins Employment Activities
1. Purpose
The purpose of this provision is to implement the provisions of Govemment Code $ 1126 relating to inconsistent, incompatible, and conflicting employment by City employees. It is not the intent or purpose of this policy to restrict, limit or interfere with employees' right to outside employment. It is intended only to prevent outside employment that is inconsistent and incompatible with City employment.
*< * {< * * * * * * {< rF *< * :& *
The foregoing Resolution was approved and adopted at aregalar meeting of the City Council of the City of Firebaugh held on the I'tday of July, 2024,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
APPROVED:
Council Member(s)
Council Member(s)
Council Member(s)
Council Member(s)
Elsa Lopez, Mayor
ATTEST:
Rita Lozano, Deputy City Clerk
PERSONNEL RULES OF THE
CITY OF FIREBAUGH
Updated May 2024
TABLE OF CONTENTS
I. PERSONNEL SYSTEM
A. Adoption of Personnel System
B. Administration
C. Competitive Service
D. Status of Present Employees
E. Violations of Rules
F. SupersedingProvisions
G. Contracts for Special Services
II. PERSONNEL RECRUITMENT TERMS OF'EMPLOYMENT
A. Equal Opportunity Employer
B. RecruitmentPractices
C. Appointment
III. CHANGES IN EMPLOYMENT STATUS
A. Transfer
B. Promotion
C. Demotion
D. Reinstatement
E. Resignation
F. Report of Change-of-Status
5 10
18 IV. 20
A.
B.
c.
D.
E.
PAID AND UNPAID TIME OFF WORK
Affendance
Vacations
Holidays
Sick Leave
Administrative Leave
1. Exempt Employees
2. ReliefofDuty
PERSi]:NFI, RUI.FS {)F 'IIIF {-''TY OF FIRFB,+I,CiI
A lvlFli DF.D .,\\rD AD()PTF[) JU\F l. 21124
,)
F. Jury Duty
G. Voting
H. Bereavement Leave
I. Personal Leave Without Pay
J. California Family Rights Act (CRFA Leave) Family and Medical Care Leave K. Pregnancy Disability Leave
L. Military Leave
M. Time Off for Victim Crimes or Domestic Abuse
N. Workers' Compensation
O. Disability Accommodation and Fitness-for-Duty Examinations V. DISCPLINARY ACTIONS
A. Types of Disciplinary Actions
B. Grounds for Disciplinary Action
C. Disciplinary Policy and Procedure
28 VI. 33
A.
B.
C.
D.
E.
F.
G.
LAYOFF PROCEDURES
Notification
Order of Layoff
Vacancy and Demotion
Bumping Rights
Re-employment List
Duration
Re-employment After Layoff
VII. EMPLOYEE GRIEVANCES
A. Purpose
B. Grievance Defined
C. General Provisions
D. Representations Rights
E. Procedures
35 Pt-R:.i0\),r:L ll.l-,Ltrs ilF lltE ('lT'1 {..}[: F]RI-ltA1,Gli Al/L'.\DF.D A\l) t\DOPTFt) Jl,\F \.'10|!4 3
V[I. PREVENTION HARASSMENT
A. Purpose
B. Investigation of Complaint
C. Mandatory Training
IX. SUBSTAI{CE ABUSE ICY AND TESTING
A. Purpose
B. Application
C. Employee Requirements
D. Procedures
X. SAFETY
A. General Employee Safety
B. Reporting Safety Issues
XL MISCELLANEOUS
A. Personnel Records
B. Internet, Electronic mail, Telephone, and Voicemail Use C. Right To Search City Property, Employees and Proper Use of City Equipment D. Dress And Grooming Code
E. Inconsistent, Incompatible or Conflicting Employment Activities F. Employee Political Activities
G. Gifts or Gratuities
H. Compensation
XII. EMPLOYER-EMPLOYEE RELATIONS
A. General
B. Representation Proceedings
C. Administration
D. Impasse Procedures
XIII. ACKNOWLEDGEMENT
4t
45 50
57 65
78 PFltlio\),F.I . R{-:t.Frl {-)F l-l lF. CITY rjF FlRF13At,CIl rt\4F:\DBf) Alrll ADOP IFI) Jl-\:F ] 2024
4 I. PERSONNEL SYSTEM
A. Adoption of Personnel System
In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the Personnel Rules of the City of Firebaugh (hereafter referred to as "Personnel Rules"), are hereby adopted.
1. Definitions
The terms used to administer the Personnel Rules are defined as follows a. "Advancement" means a salary increase within the limits of a pay range established for a class.
b. "Allocation" means the assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.
c. "Anniversary date" means the first day of employment with the City of Firebaugh. d. "City ClerV' means the elected or appointed public officer, deputy or designee charged with recording the official proceedings and vital statistics of the City. e. "Cla.gs" means positions sufficiently similar in duties, authority, and responsibilities that permit grouping under a common title, and the application of common standards, including but not limited to selection, transfer, demotion, and salary. f. " Competitive service" means all positions of employment in the service of the City except those excluded by the Personnel Rules or by resolution of the City Council.
This provision shall not be construed as a waiver of any rights under the MeyersMilias-Brown Act. g. "Deys" means calendar days, unless otherwise stated
h. "Demotion" means the movement of an employee from one class to another class having a lower maximum base rate of pay.
"Disciplinary action" means punitive action against a regular employee as described in these Personnel Rules and shall not include any counseling or performance evaluation.
j. "Eligible" means a person whose name appears on an employment list. k. "Employment List" means
l)!rRiit-l\i'il:1. Fi!-[-l-:5Ol; j ]lL.IlI y O, l iRl:lJl,l-;tllt .,\vl ) ';lrL l) u\:,1) ,'\ jX)t) l 1-l,l ,l!,\ii: :. )it),4 "Open employment list" means a list of names of persons who have taken an open-competitive examination for a class in the competitive service and have qualified.
" Promotional employment list" means a list of names of persons who have taken a promotional examination for a class in the competitive service and have qualified.
1. "Examination" means:
"Open-competitive examinatioin " means an examination for a particular class that is open to all persons meeting the qualifications for the class whether or not they are employed by the City.
"Promotional examination" means an examination for a particular class that is open only to employees meeting the qualifications for the class. "Continuous examination" means an open-competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than six (6) months.
m. "Grievance" means a claimed violation of certain rules or provisions as defined in Section VII of the Personnel Rules.
n. "Lay-o.f' means the separation of employees from the active workforce due to lack of work or funds or to the abolition of positions by the City Council. o. "Management Employees" means the positions described in the Personnel Rules. p. "Personnel Officer" means the City Manager, or his or her designee, who have the final authority to appoint to or remove persons from positions of employment in the City.
q. "Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person. " Probationary employee" means an employee who has been appointed to a position but has not completed the probationary period.
"Probationary period" means a one (1) year period of actual service to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. r
S.
t'liR.SC)\\irL- R.l,LL:l Ol' lHl- Clty tl] I lilll,itAl,{i}{ i,lril:..ji)i l.) r\".r1) ,\l)OP li-l,l .|l-\lr .t ')ii').4 0 u.
t. "Promotion" means the movement of an employee from one class to another class having a higher maximum base rate of pay.
"Provisional appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class on a provisional basis for a limited or definite duration.
Provisional employees do not hold regular status in their position and may be dismissed from employment at any time without cause, right to appeal, or grievance. v. " Re-Employment" means restoration without examination of a former regular, nonprobationary employee to the same or a lower classification in which the employee previously served prior to layoff or demotion.
w. "Regular employee" means an employee in the competitive service who has successfully completed the probationary period and has been retained as provided in these Rules.
X. "Reinstatement" means the restoration without examination of a former regular employee, or probationary employee who has completed at least six (6) months of the probationary period, to a classification in which the employee formerly served as a regular non-probationary employee.
y. "Relief of duty" means the temporary non-punitive assignment of an employee to a status of leave with pay.
z. "suspension" means the temporary separation from service of an employee without pay for disciplinary purposes.
aa. "Temporary employee" means an employee who is appointed to an authorized position for a limited period of time, not to exceed one (1) year. bb. "Transfer" means a change of an employee from one position to another position in the same class or in a comparable class.
B. Administration
The City Manager shall administer the Personnel Rules and shall hold the position of Personnel Officer. He may delegate the appointing authority and the duties granted herein to any other officer or employee of the City. The City Manager shall have the following duties and responsibilities:
1. To act as the appointing authority for the City except where the City Council has the authority to appoint by resolution, or otherwise;
2. To administer the provisions of the Personnel Rules not specifically reserved to the City Council;
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3. To prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan, subject to approval by the Council;
4. To prepare or cause to be prepared a plan for compensation of all classifications in the competitive service, subject to approval by the Council;
5. To have the authority to discipline employees in accordance with these Personnel Rules; and
6. To provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications; therefore, the conducting and grading of tests; the certification of lists of persons eligible for appointment in the competitive service; and the performing of any other duty that may be required to administer the Personnel Rules.
C. Competitive Service
The provisions of the Personnel Rules adopted herein shall apply to all officers, positions, and employees in the service of the City of Firebaugh, except the Personnel Rules I, II, V, VI and VII of these Rules shall not, unless otherwise and specifically described, apply to the following:
1. Elective Officers
a. City Clerk;
b. City Treasurer
2. Contract Employees:
a. City Manager;
3. Management Employees:
a. Finance Director;
b. Deputy City Clerk;
c. Public Works Director;
d. Chief of Police;
e. Fire Chief; and
f. Such other personnel as may be designated by the City Council
4. Middle Management Employees
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5. Persons engaged under contract to supply expert, professional, technical, or other serylces.
6. Volunteer personnel.
7. City officers and offrcials appointed directly by the City Council, including appointive boards and commissions.
8. Emergency employees hired to meet the immediate requirements of an emergency condition, such as an extraordinary fire, flood, or earthquake, which threatens life or property.
9. Employees other than those listed elsewhere in this section who are not regular employees of the City.
10. Any non-permanent position primarily funded under a State or Federal employment training program This provision shall not be construed to include other personnel hired under Federal or State subsidy programs.
I 1. Probationary employees
12. Employees not included in the competitive service under this section are at-will employees and shall serve at the pleasure of the Personnel Officer, including but not limited to those positions listed in this section and all part-time, provisional, or temporary employees.
D. Status of Present Employees
Any person holding a position included in the competitive service who, on the effective date of these Personnel Rules, shall have served continuously in such position or in some other position in the competitive service for a period exceeding the probationary period prescribed in the rules for their class, shall assume regular status in the competitive service in the position held on such effective date without a qualifliing test, and shall thereafter be subject in all respects to the provisions of these Rules.
Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.
E. Violations of Rules
Violations of the provisions of these Rules shall be grounds for rejection, suspension, demotion, dismissal, or other disciplinary action as described in Rule V. i'LilSf,i:l\lll- lil,l hS Ol IHL. f, IIY a)ir t liiJ,l9"\(-;{ill r\yi fr\,1Jj:l) A'..1i ril.)Ol''l !,.1).ll-\,L .j. )l]')-rt F. SupersedingProvisions
Memorandums of Understanding (MOU's) between the City and an exclusively recognized employee organization, which contains provisions contrary to or inconsistent with any of these Personnel Rules, shall be deemed to supersede these Rules.
G. Independent Contracts for Special Service
The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical, expert, professional or other services which City employees are not qualified or available to perform. The City Council may contract with any qualified person or public or private agency for the performance of such services.
II. PERSONNEL RECRUITMENT AND TERMS OF'E,MPLOYMENT
A. Equal Opportunity Employer
The City is committed to the goal of equal opportunity employment. It is the policy of the City to ensure that the application of these Personnel Rules, and the recruitment, employment, training, advancement,layoff, pay, termination, and all otherpersonnel actions for all positions, classes and individual employees shall be on the basis of qualifications and performance without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any other status protected by law, except where a bona fide occupational qualification exists.
B. RecruitmentPractices
Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. These procedures shall apply to the City Manager, Management Employees, and Middle Management Employees, as those personnel classifications are defined Rule I, Section C.
1. Appointments and Promotions
All appointments and promotions to positions in the competitive service shall be made according to merit and fitness and from eligible lists to be established in accordance with these Personnel Rules. In the absence of persons eligible in such manner, provisional or temporary appointments may be made.
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2. Announcement
All examinations for classes in the competitive service shall be publicized by such methods as the Personnel Officer deems appropriate. Special recruiting shall be conducted, if necessary, to ensure that all segments of the community are aware of the forthcoming examinations. The announcements shall specifu the title and pay of the class for which the examination is announced, the nature of the work to be performed, minimum and desirable qualifications, the time and manner of making application, and other pertinent information.
3. Application Forms
Written applications for employment shall be made on official application forms available in, or as otherwise prescribed on the examination announcement, including any online/electronic application procedures. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one (l) or more examining physicians, references, and fingerprints. All applications must be signed by the applicant, which may include the use of an esi gnature for an online/el ectroni c application.
The completed application shall be received by the City on or before the announced final filing date and time. An oral or written indication of interest in employment is not an application.
4. Citizenship of Applicants
Employment is open to all qualified persons authorized to work in the United States.
Authorization will be determined upon applicant's completion and submission of Department of Homeland Security, U.S. Citizenship, and Immigration Services Form I9. Applicants who fail to complete and submit Form I-9 will not be employed by the City.
5. Disqualification
Incomplete applications may be rejected or returned to the applicant for additional information or completion, at the Personnel Officer's discretion, providing the time limit for receiving applications has not expired. The Personnel Officer may reject any application, eitherbefore or after an examination, whose appointment is deemed contrary to the best interests of the City. Reasons for rejecting an application or applicant may include, but shall not be limited to, the following:
a. The applicant does not possess any of the minimum qualifications required for the position;
b. The applicant is incapable of performing the essential job functions and duties of the position, with or without reasonable accommodation, to which the applicant seeks appointment;
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c. The applicant was under the influence of controlled substances or alcohol at the time of examination; and/or
d. The applicant has made any false statement of any material fact or practiced or attempted to practice any deception or fraud in an application or examination, or in securing eligibility for appointment.
6. Applicants with Felonv or Misdemeanor Convictions
The City will not conduct any background checks into criminal history of any applicants unless and until that applicant has received a conditional offer of employment. If the City issues a conditional offer of employment, it means that the City has determined that this individual meets the minimum employment qualifications for the position.
Once a conditional offer of employment is made, the City may conduct a criminal background check. Convictions, including pleas of guilty and nolo contendre, of any felony or a misdemeanor involving moral turpitude or unfitness for employment may disqualiff an applicant for employment or be grounds for removing the name of an eligible candidate from any employment list. Other Convictions may disqualifu an applicant, depending on the job being applied for and factual circumstances of the crime committed.
If there is something discovered about the applicant's criminal history, either by individual's disclosure or discovery through the background check, the City shall then conduct an individualized, case-by-case analysis ofthe facts of each applicant's criminal history before making a decision regarding their employment.
This section shall not apply to positions for which the City is required by law to conduct a conviction history background check or to those who work for a criminal justice agency, including but not limited to applicants for job positions within the Police Department.
7. Examination Process
The selection techniques used in the examination process shall be impartial and related to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection technique which will test fairly the qualifications of candidates such as but necessarily limited to, achievement and aptitude tests, other written tests, personal interviews performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, successful completion ofprescribed training, personal background and references, or any combination of these or other tests. The probationary period shall be considered as a portion of the examination process.
Examination shall be designed to provide equal opportunity to all applicants by being based on an analysis of the essential requirement of the class, covering only factors related to such requirements.
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The Personnel Officer shall schedule examinations as they deem necessary, whether or not a vacancy currently exists. The Personnel Officer shall speciff, according to their sole discretion, whether the examination shall be open, promotional, or continuous.
8. Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service require. Promotion examinations may include any of the selection techniques mentioned in the Personnel Rules (II, B7), or any combination of them. Only regular employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations.
9. Continuous Examination
Open-competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in the Personnel Rules (II, B13-15).
10. Conduct of Examination
The City may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed. The Personnel Officer shall arrange for the use of public buildings and equipment for the conduct of examinations.
11. Notification of Examination Results and Review sflape{q Each applicant in an examination shall be given written notice of the results thereof.
Such notice shall be limited to advising the applicant he "passed" or "failed" a specific part or all of the process. Specific numerical scores or standing on eligibility lists need not be provided to applicants.
All applicants may inspect their own test answer sheet within five (5) working days after the notification of examination results. Any error in computation, if called to the attention of the Personnel Officer within this shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made.
Inspection of test papers or booklets shall be at such time and place and under such conditions of supervision as the Personnel Officer may require. Applicants will not be permitted to copy examination items.
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12. Pre-Employment and Promotional Medical Examinations The Personnel Officer may order a medical examination after a conditional offer of employment is made, including a physical or psychological examination, to determine whether an applicant for appointment or promotion has the physical or mental qualifications to perform the duties of their position, or can perform a job function without posing a direct threat to health or safety. Any such medical examinations will only be conducted where it is job-related and consistent with business necessity and is consistently applied to all appointments to that job position. Such examination shall be at the City's expense.
No appointment to the position will be made until the Personnel Officer has received the results of the medical examination to either clear the employee to work with no restrictions or to identiff any work restrictions related to the job. If the applicant has any work restrictions following the medical examination, the City will engage the applicant in a disability interactive process to determine if it can reasonably accommodate the applicant's work restrictions. To the extent that the City initially determines that it cannot reasonably accommodate the applicant's work restrictions, the City will provide the applicant an opportunity to provide additional medical information on their work restrictions to review further before finalizing any decision that it cannot reasonably accommodate the work restrictions.
13. Employment Lists
As soon as possible after the completion of an examination, the Personnel Officer may prepare and maintain an employment list consisting of the names of applicants who qualified in the examination.
14. Duration of Lists
Employment lists shall remain in effect for six (6) months, unless exhausted, abolished or extended by the Personnel Officer. The City has no obligation to select or interview applicants who are on an Employment List. Employment Lists are maintained for convenience only. Employment Lists do not create any rights or responsibilities on behalf of the City.
15. Removal of Names from List
The name of any person appearing on an employment, re-employment or promotional list shall be removed by the Personnel Officer if the eligible person requests in writing that their name be removed, or if that person fails to respond to a notice of certification mailed to the last designated address. The Personnel Officer may remove the name of any eligible person if that person has previously been rejected for the same position or promotion three (3) times during the life of the list. The person affected shall be notified of the removal of the name by notice mailed to the last known address. The names of persons on promotional employment lists who resign from City employment shall automatically be dropped from such lists.
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16. Tvpes of Appointment
All vacancies in the competitive service may be filled by transfer, demotion, reemployment, reinstatement or from eligible applicants certified by the Personnel Officer from an appropriate employment list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be made in accordance with these Personnel Rules.
17. Notice to Personnel Officer
If a vacancy in the competitive service is to be filled, the Personnel Officer shall be notified. If there is no re-employment list available for the class, the Personnel Officer shall have the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open employment list.
18. Certification of Elieible
If the Personnel Officer does not consider it in the City's best interest to fill the vacancy by reinstatement, transfer, or demotion, or if it is not possible to fill the vacancy by reemployment, certification shall be made from an appropriate employment list, provided eligible persons are available.
When the Personnel Officer determines avacancy should be filled by appointment from a promotional employment list or from an open employment list, he should certifu from the specified list the names of all individuals willing to accept appointment. Whenever there are fewer than three (3) names of individuals willing to accept appointment on a promotional employment list or on an open employment list, the Personnel Officer may make an appointment from among such eligible persons or may hold a new examination and establish a new employment list.
C. Appointment
After interview and investigation, the Personnel Officer, or their designee, shall make appointments from among those certified. The person accepting appointment shall report to the Personnel Officer, or the Personnel Officer's designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the Personnel Officer shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment.
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In the absence of there being names of individuals willing to accept appointment from appropriate employment lists, the Personnel Officer may provisionally appoint a person meeting the minimum training and experience qualifications for the position. The Personnel Officer may make such appointments when the demands of the service are such that it is not practicable to give advance notice of pending or anticipated vacancies, including but not limited to a period of suspension of an employee or pending final action on disciplinary proceedings, and it is not practical to delay appointment until a new employment list can be prepared and certified.
A provisional appointee shall not accrue any benefits, including but not limited to sick or vacation leave, medical, disability or life insurance or retirement.
If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee shall be counted as time toward the fulfillment of the required probationary period. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any open-competitive promotional lists, for services rendered under a provisional appointment.
A provisional employee seryes at-will and may be removed at any time without the right ofappeal or hearing.
2. Temporary Employees. Student Interns
From time to time the City has a need for the employment of persons to fill temporary andlor seasonal work assignments. The cost and administrative delay inherent in testing persons to fill such short-term positions is out of proportion to the positions and incompatible with the need to expeditiously fill such positions in time for the employee to perform the temporary work assignment. The City may be offered an opportunity to hire students who work as part of their course of study. It is in the interest of the City and in the efficient administration of City services that management filI temporary positions and employ student interns with a minimum of administrative expense and delay.
The Personnel Officer may approve the appointment of temporary employees for a period not to exceed one (1) year. There will be no exceptions to allow any temporary employee to work beyond the one-year limitation.
The Personnel Officer may authoize department heads to employ high school and college students to work as interns for up to one thousand (1,000) hours. Interns are defined as persons regularly enrolled at Firebaugh High School, or in an accredited college or university whose course of study is related to the activities of City government. i)lr'l{5(-}\;,",rt. Rl,i i:li Lii IHL ill ly {)l'i lRlrltA{,(i;r1 ;\t,li.:\ii,;l-: i) 4.'.i) 'il){ji).i l:l-} lt-1.}. J. :!r.,:i i i"' The procedures utilized by department heads for the employment of temporary employees and student interns shall be carefully scrutinized by the Personnel Officer to ensure that the process is fair and complies with Personnel Rules and City policies.
Personal favoritism andlor prejudice for or against any person are strictly prohibited.
Temporary employees and student intems employed under this rule shall serve at-will and are not considered part of the competitive service; they may be removed from City service at any time without the right of appeal or hearing. If eventually hired as a fuIltime employee, they shall not receive any special credit in any qualification for employment, in any examination or employment list for services rendered under a provisional appointment. They shall receive no employee benefits, including but not limited to such as sick leave, vacation, health plan, or retirement, other than as provided pursuant to Healthy Workplace/Healthy Families Act of 2014 Paid Sick Leave.
3. Rezular Appointment and Probationary Period
a. Objective of Probationary Period
The City attempts to hire the most qualified employees for each position. To ensure this, the City provides for a probationary period of employment for the employee to assess the City and the job content, and for the City to evaluate the new employee and their job performance.
b. Length of Probationary Period
All regular and promotional appointments shall be tentative and subject to a probationary period of one (1) year of actual service. Leaves of absence or assignments out of class, for any reason, shall not be counted toward the completion of the probationary period and the probationary period shall be extended by the number of hours of such leaves or assignments. The Personnel Officer, at their discretion, may extend such probationary period up to six (6) additional months of actual service.
c. Probationary Rejection of Regular Appointment Employee During the probationary period, an employee on regular appointment may be terminated at any time by the Personnel Officer with or without notice, with or without cause and without the right of appeal. Notification of rejection by the Personnel Officer shall be sent to probationer in writing. d. Probationary Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted, unless the employee is discharged from service in the manner provided in these Personnel Rules for positions in the competitive service, in which event he shall have the right of appeal as set forth in these Rules. If there is no vacancy in such a position the employee may request in writing to be placed on a re-employment list.
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4. Oath of Office
Every employee, before entering upon the duties of employment, shall take and subscribe to the Oath of Office required by the provisions of Article 20, Section 3, of the California Constitution.
In the case of temporary employment, the oath shall be effective for all successive periods of employment which commence within one (1) calendar year from the date of subscribing to the oath or affirmation.
No compensation or reimbursement for expenses incurred shall be paid to any employee of the City unless such employee has taken and subscribed to the oath or affirmation required by this section.
5. Appointment of Relatives
Neither the City Council, Personnel Officer, nor his or her designee shall appoint to a salaried position any person who is a relative by blood or marriage within the third degree of any one or more members of the City Council or Personnel Officer.
No full-time, part-time, provisional, or temporary employees shall be assigned to any position in a department where another employee of the department is a relative by blood or marriage within the third degree. The Personnel Officer may, in their sole discretion, make an exception to this Rule when doing so is in the interest of the City.
Without exception, full-time, part-time, provisional, or temporary employees who are relatives by blood or marriage shall not be placed in such a position as to supervise/evaluate or be supervised/evaluated by a relative within the third degree.
As determined by the Personnel Officer, no full-time, part-time, provisional, or temporary employees shall be placed into any position that would compromise the internal control environment by virtue of any relationship through blood or marriage to another employee.
The phrase "within the third degree" shall include, but is not limited to, spouses, parents, children, grandparents, siblings, grandchildren, great-grandparents, uncles and aunts, nieces and nephews, great-grandchildren, and similar relationships by affinity. jll lt!O\\lri. ii.l,i LS Ot IHt- all y {)}'l'lR!:.li.1l..tll1 :rl;l !r l,i)i.i) A',I),'\lX)PlI:L).1i.-:iL j. ?(-)'i1l lil
ilI. CHANGES IN EMPLOYMENT STATUS
A. Transfer
All transfers are subject to the discretion of the Personnel Officer. No person shall be transferred to a position for which that person does not possess the minimum qualifications.
The Personnel Officer or their designee may transfer an employee at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications.
If the transfer involves a change from one department to another, both department directors must consent thereto unless the Personnel Officer orders the transfer. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, or for disciplinary action, each of which may be accomplished only as provided in these Rules.
B. Promotion
Insofar as consistent with the best interests of the City and subject to the discretion of the Personnel Officer, all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and promotional list is established. Probationary employees shall not be eligible for promotion under a promotional list.
The Personnel Officer may determine that the best interest of the City require that avacancy be filled by an open competitive examination instead of promotional examination. In such event, the Personnel Officer shall arrange for an open competitive examination and for the preparation and certification of an open competitive employment list.
C. Demotion
The Personnel Officer may demote an employee whose ability to perform the required duties falls below standard or for disciplinary purposes. Upon request of the employee, and with the consent of the Personnel Officer, an employee may be permitted to voluntarily demote to a vacant position in the same department. No employee shall be demoted to a position for which he does not possess the minimum qualifications. Disciplinary and voluntary demotions shall be in accordance with these Personnel Rules.
All employees who are demoted will be paid at the same rate of pay as prior to demotion if, and only if, the rate of pay is within the range of the lower position. If this is not the case, the rate of pay shall be within the salary range of the lower position which is closest to the rate of pay prior to demotion, but no employee shall be paid more than they were prior to demotion.
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D. Reinstatement
With the approval of the Personnel Officer, a former regular employee or probationary employee who has completed at least six (6) months of probationary service, and who has resigned with a good record, may be reinstated within two (2) years of the effective date of resignation, to a vacant position in the same or comparable class. Upon reinstatement, the employee shall serve a new probationary period prescribed for the class. No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits except on the specific recommendation of the Personnel Officer at the time of reinstatement.
The employee will receive a new anniversary date which will be the first date of employment upon reinstatement.
E. Resignation
An employee wishing to leave the competitive service in good standing shall file with the Personnel Officer a written resignation stating the effective date and reasons for leaving at least two (2) weeks before the planned separation date, unless such time limit is waived by the Personnel Officer at their discretion. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded to the Personnel Officer.
Failure to give notice as required by this Rule shall be cause for denying future employment by the City. A resignation becomes final and cannot be withdrawn once it is received by the Personnel Officer, which shall be considered accepted upon receipt unless employee is notified otherwise in writing.
F. Report of Change of Status
Every appointment, transfer, promotion, demotion, change of salary rate, or any other temporary or perrnanent change in status of employees shall be reported to the Personnel Officer in such a manner as he or she may prescribe.
IV. PAID AND UNPAID TIME OFF'WORK
A. Attendance
Employees shall be in attendance at their work in accordance with the Rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees who shall be reported to the Personnel Officer in the form and on the dates he shall specifi.
An employee who is unexpectedly unable to report for work as scheduled must notiff their immediate supervisor or designee no later than the scheduled work time and report their expected time of arrival or absence. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of, any form of accrued or unpaid leave time will be grounds for discipline, up to and including termination. j)i lt'i(-Jr:l"l:1. ltl-i i:ti ol I ttL al I Y {)li l.iiiL:lJ:t i,lilH n'j"'lL.r,iiLJi,\'.l),\.iXil) l lr.i-i.Jl.'.i: i )rj1.ri ) t):
B.V
All regular and full-time employees are eligible for paid vacation; which shall be negotiated and agreed to in all Memorandums of Understanding (MOU's) for each City employee bargaining group and are not included in these Personnel Rules.
Vacations may be taken at any time during the year but should be scheduled to avoid conflicts with other employees' vacations and with busy periods of the year. Specific vacation dates should be approved by the employee's supervisor at least fourteen (14) days prior to the anticipated vacation.
C. Holidays
A11 regular and full-time employees are eligible for holiday pay. Observed paid holidays shall be negotiated and agreed to in all Memorandums of Understanding (MOU's) for each City Employee bargaining group and are not included in these Personnel Rules.
If a holiday falls on a weekend, the holiday will be observed on the closes Friday or Monday or on the customary day.
D. Sick Leave
All regular full-time employees earn sick leave at a rate negotiated and agreed to in all Memorandums of Understanding (MOU's) for each City employee bargaining group and is not included in these Personnel Rules.
E. AdministrativeLeave
1. Exempt Employees
Those employees who are exempt from the Fair Labor Standards Act may receive up to eighty (80) hours of administrative leave each fiscal year. Those employees may opt to be paid for up to eighty (80) hours of administrative leave each fiscal year.
Administrative Leave cannot be carried over from one year to another.
2. ReliefofDuty
The Personnel Officer may place an employee on administrative leave with full pay and benefits for an indeterminate period when circumstances exist such that the public interest requires that the employee be relieved from active duty and/or an investigation is taking place. Such relief of duty shall not constitute punitive or disciplinary action.
During the period of relief of duty, the employee may be required to regularly report to the department director or their designee in a manner described in writing by the department director to the employee.
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F. Jurv Dutv
Every regular full+ime employee of the City who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to their supervisor, shall receive time off for the period of actual service required. The employee shall receive their normal pay during the period ofjury duty. The time spent on jury duty is not work time for pulposes of calculating overtime compensation.
G. Votine
The City's policy is to encourage its employees to participate in the election of government leaders. Therefore, adequate time off is allowed at the beginning or end of the workday to exercise this right, as long as employees request this time off from their supervisors and give adequate notice.
H. Bere t f ,eave
In the event of a death in a regular full-time employee's immediate family, that employee may have up to five (5) working days. The bereavement may be unpaid. However, ABI949, would authorize an employee to use certain other leave balances available to the employee, including accrued vacation, sick or other paid leaves for paid bereavement leave to handle family affairs and to attend the funeral. "Immediate Family" is defined as father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, daughter-in-law, son-in-law, grandparents, grandchildren, stepfather, stepmother, and stepchild. AB1949 I. Personal Leave Without Pay
The Personnel Officer, in their unrestricted discretion, fr&y grant a regular or probationary employee leave of absence without pay or seniority for not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. An employee is not entitled to a leave of absence as a matter of right. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to retum to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall cause the employee to be deemed to be discharged. The depositing in the United States mail of a first-class letter, postage prepaid, addressed to the employee's last known address, shall constitute reasonable notice to the employee that their leave of absence has expired, and he must return to duty.
J California Familv Act (CRFA Leave)
The City will provide up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons in a l2-month period rolling backwards upon approval of the Personnel Officer. Employees are eligible for this leave under the California Family Rights Act (CFRA) if they have been employed by the City for at least one year, have worked 1,250 hours in the previous 12 months, and meet other eligibility requirements prescribed by law.
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. Spouse;
. Parent;
. Child of any age;
. Registered domestic partner;
. Grandparent;
. Grandchild;
'Sibling;
. Parent-in-law;
. One "designated person" - defined as any individual related by blood or whose association with employee is the equivalent of a family relationship. . The birth of your child, or placement of a child with you for adoption or foster care.
. Because of a qualifuing exigency related to covered active duty or a call to covered active duty of your spouse, registered domestic partner, child, or parent in the Armed Forces of the United States. (See Qualiffing Exigencies Related to Active Duty below.)
Please note that incapacity due to pregnancy, prenatal medical care or childbirth is not an eligible reason for CFRA leave.
Qualifuing Exigencies Related to Active Duty
. Eligible employees whose spouse, domestic partner, child, or parent is on covered active duty or call to covered active-duty status may use their 12-week leave entitlement for certain qualitring exigencies. Qualifuing exigencies may include, but are not necessarily limited to, attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefi ngs.
The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable." The City may require medical certification to support a request for leave because of a serious health condition and may require a second or third opinion (at the employer's expense) and a return-to-work report from the employee's health care provider if leave is taken for the employee's own serious health condition. Paid leave shall run concurrently with family and medical care leave before unpaid leave will be allowed.
The City will maintain the employees' health coverage during the period of CFRA leave to the extent it would otherwise had the employee been continuously employed. Upon return from leave, an employee will be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms, provided he meets the eligibility requirements prescribed herein and by law. The use of CFRA leave will not result in any loss of employment benefit that accrued prior to the start of an employee's leave.
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An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four (4) months.
1. Notice and Certifisation Requirements
a. Except in an emergency, requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's supervisor or Department Head before the leave begins. The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth, or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work. b. All planned leaves must be confirmed in writing and have an agreed-upon specific date of return, with the written confirmation submitted to the Department Head prior to being taken. Requests for an extension of leave must be submitted in writing to the Department Head prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four (4) months.
2. Compensation During Leave
Pregnancy disability leaves are without pay. However, the employee may first use accrued sick leave, vacation leave, and then any other accrued paid time off during the leave.
3. Benefits During Leave
a. An employee on pregnancy disability leave may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty, if: (1) the employee is eligible for concurrent family and medical care leave as described by these Personnel Rules, and (2) the employee has not already exhausted their group health insurance coverage benefit in accordance with State and Federal law. The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave. b. An employee on pregnancy disability leave who is not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA (Consolidated Omnibus Budget Reconciliation Act) guidelines by making monthly premium payments to the City. c. Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave.
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4. Reinstatement
Upon the expiration of pregnancy leave and the City's receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position, so long as it was not eliminated for a legitimate business reason during the leave. b. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position.
c. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identiff potential reasonable accommodations.
d. An employee who fails to return to work after the termination of her leave loses her reinstatement rights.
L. Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law.
An employee requesting leave for this purpose shall provide the department head, whenever possible, with a copy of the military orders speciffing the dates, site and pu{pose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modiff the employee's work schedule to accommodate the request for leave.
M. Time Off for Victims of t Crimes or Domestic Abuse
The City provides time off for victims of a violent crime, domestic violence, sexual assault, or stalking in accordance with state law. Employees may take time off to: (1) appear in court to comply with a subpoena or other court order as a witness to any judicial proceeding; (2) seek medical or psychological assistance; or (3) participate in safety planning to protect against further assaults. The City shall also provide reasonable accommodations for victims of domestic violence, sexual assault or stalking who request an accommodation for their safety while at work.
An affected employee must give the City reasonable notice that he is required to be absent for the purpose stated above. In cases ofunscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance or circumstance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the employee uses vacation or compensatory time off.
a.
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N. Workers' Compensation
If an employee has been injured on the job, he is eligible for Workers' Compensation Benefits.
l. Notification and Medical Care
The City has several obligations to injured employees. Once it has been determined that an employee's illness or injury is work-related and the claim has been accepted, the City is responsible for providing whatever medical services are necessary to cure or relieve from the effects of the injury. These services will normally be provided at no cost to employees unless there is some dispute over whether they are necessary.
If an employee has suffered a work-related injury, he should advise their supervisor immediately. If medical attention is required, the supervisor will arrange for the employee to be taken to the doctor. Normally, employee will be treated at one of several occupational medical clinics that treat City employees.
If an employee wishes to be treated by their personal physician, the employee must advise the City before the need for medical treatment arises. If the injury is serious, the employee will be taken to the nearest emergency medical care facility where necessary care will be provided.
2. Temporary Disability and Injury Pay
Once the claim is accepted, the employee will also be compensated for any time lost from work due to their injury. The first three (3) calendar days following an on-the-job injury will be charged to sick leave or leave without pay. This is referenced as the "waiting period." On the fourth day following the injury, employee would begin to receive the legally required percentage of average weekly wages (averaged over the past year). If hospitalized because of the injury or if off for more than fourteen (14) days, there is no waiting period and employee would be paid Temporary Disability pay for those first three days.
3. Permanent Disability
If the injury is serious enough to cause an employee any permanent disability, he will also be compensated for it. Permanent disability awards are not "damages," such as those which are awarded in civil cases. These awards are meant to compensate for your reduced ability to compete in the labor market. The amount of a permanent disability award is based on the type and severity of the injury, occupation, and age at the time of the injury. If the treating doctor indicates that there is some degree of permanent disability, a claims examiner will contact the employee to explain the procedure of evaluating and rating the disability.
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4. Vocational Rehabilitation
If an employee is unable to return to their usual and customary job, he or she may be eligible for vocational rehabilitation services. If off work for a total of ninety (90) days because of an industrial injury, employee will be contacted by a rehabilitation representative who will explain the benefits to which employee may be entitled to. The City is required by State law to provide employee with this explanation of potential eligibility for these benefits, and employee will not be forced to resign, retire, or change jobs unless the doctor indicates that there is some medical necessity to do so.
If an employee needs vocational rehabilitation services, every reasonable effort will be made to return them to suitable gainful employment as soon as possible. Employee will be assigned to a vocational rehabilitation counselor who will research the possibilities of job modifrcations or alternative job assignments with the City. If it is not possible for employee to remain with the City, training or job placement services that make the best possible use of employee's knowledge, skills and aptitude will be provided.
5. The Leeal Process
It isn't necessary to have an attorney represent an employee in a Workers' Compensation case. However, employees always have the right to hire private counsel in these matters.
Fees for these services are usually deducted from the employee's permanent disability award.
6. Police Offrcer Industrial Iniuries
Police Officers who are disabled temporarily or perrnanently by injury or illness occurring in the course and scope of employment shall be provided compensation and benefits in accordance with Labor Code section 4850.
o. Dis atlilitv Accommodations tr'itn ess-for-Du tv Examin ations
1. Reasonable Accommodations. The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act.
An employee who desires reasonable accommodation in order to perform essential job functions should make such a request, preferably in writing, to the Personnel Officer.
The request must identiff the job-related functions at issue and the desired accommodations.
2. Fitness-for-Duty Examinations. The City Manager or their designee may require an employee to submit to a fitness-for-duty examination to determine if the employee is able to perform the essential functions of their job when there is significant evidence: l) the employee appears to be unable to perform or has difficulty performing one or more essential functions of their job; and2) there is reason to question the employee's ability to safely or efficiently complete work duties.
t)1 |i-:t.l]r\ j:l- lll,l.L:li Ol llllr ( llY {ll'il}(l li:\1,{r!1 .\:,1 1:r;1)i l) u\':l),'il){)i}Ji ll.ii-)'l: .:) )i)').4 L) a. A City-selected health care provider will examine the employee at City expense. The City will provide the heath care provider with a letter requesting a fitness-for-duty examination limited to the employee's job-related functional limitations and a written description of the essential functions of the employee's job. The health care provider will examine the employee and provide the City with non-confidential information regarding whether the employee is fit to perform essential job functions and if the employee's continued employment poses a threat to the health and safety of themselves or others. Should the health care provider exceed the scope of the City's request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the non- confidential fitness-for-duty information that the City has requested. b. The City may require an employee to undergo an examination by a City-designated physician, psychiatrist, or psychologist, andlor submit a certificate of employability from the treating physician before retuming to work after taking any leave due to injury or illness.
3. Determination. After receipt of reasonable documentation, the City may meet with the employee to fully consider all feasible potential reasonable accommodations. The purpose of the discussions will be in good faith to fully discuss all feasible potential reasonable accommodations. After the discussions, the City will determine, in its sole discretion, whether reasonable accommodation can be made and the type of accommodation to provide. The City will not provide accommodation that would pose an undue hardship upon City finances or operations, or that would endanger the health and safety of the employee or others. Employees unable to perform the essential functions of their position, with or without reasonable accommodation, may be subject to separation of employment.
V. DISCIPLINARYACTIONS
A. Tvpes of Disciplinary Actions
Neither employee evaluations nor informal counseling memorandums shall be considered disciplinary or punitive in nature. They may not be appealed under this Rule.
However, unsuccessful counseling may be referenced in a separate subsequent disciplinary action.
l. Oral Reprimand
A formal discussion with an employee about performance or conduct problems. This action shall be summarized in writing by the department director or supervisor. The employee may respond in writing to such reprimand. The employee shall not otherwise be entitled to appeal from an oral reprimand. Oral reprimands and employee responses shall not be placed in the employee's personnel file, however, the fact that an employee previously received an oral reprimand for similar inappropriate conduct may be referenced in future reprimands. l)irl(ii{.J\\iii. tj"{.'L.l-:i ()l iflL: a!Iy ill l lilIrltr!.t,{.:i l r.','1 i.. :.iI )I:.l-.r,,i'.. I ),'\J,){ }f,' j l rl_) .1 I _ i j . j .lij r:1
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2. Written Reprimand
A written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee with a copy filed in the employee's personnel file. Within five (5) working days following service of the written reprimand, the employee may file a written response, the original being directed to the department head or supervisor and a copy filed in the employee's personnel file. A written reprimand may not be appealed under this policy.
3. Minor Disciplinary Suspension
An involuntary absence without pay for a period of fewer than five (5) working days.
4. Maior Disciplinary Suspension
An involuntary absence without pay for a period of five (5) or more working days but not exceeding thirty (30) working days.
5. Disciplinary Salary Reduction
A reduction in pay from the employee's current step within a pay range to a lower step within that same pay range.
6. Disciplinarv Demotion
Reduction from a position in one class to a position in another class having a lower salary range.
7. Dismissal
Permanent discharge or removal from City service.
B. Grounds for linarv Acfion
The following list of grounds for disciplinary action is not intended, nor is it a comprehensive and complete list of all grounds for disciplinary action. Any inappropriate conduct by a City employee will be grounds for disciplinary action. These include, but are not limited to:
1. Incompetence or inefficiency in the performance of the duties of one's position.
2. Insubordination, including refusal to accept assignment or direction from an authorized supervisor or City management.
3. Neglect of duty
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4. Unsatisfactory job performance, or refusal or inability to improve such perfbrmance in accordance with written or verbal direction.
5. Absence without authorized leave.
6. Excessive absenteeism or tardiness, as defined by the employee's department director, the Rules, or Memorandum of Understanding.
7. Dishonesty.
8. Theft.
9. Fraud in securing or retaining employment.
10. Discourteous treatment or offensive conduct toward or around members of the public or other employees, including fighting, using profane or abusive or threatening language toward others, or gossiping.
11. Failure to cooperate with employee's supervisor or fellow employees
12. Drinking alcoholic beverages or consuming other intoxicants on the job or reporting for work while under the influence of alcohol or other intoxicants.
13. Use of unlawful narcotics or drugs.
14. Malfeasance or misconduct, which shall include, but shall not be limited to, conviction, plea of guilty, or no contest of any felony, or damaging City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct.
15. Violation of any City rules, regulation, ordinance, resolution, or policy or departmental rule.
16. Unapproved outside employment or activity while on City time or City business, or that violates the City's policies, or other enterprise that constitutes a conflict of interest with service to the City.
17. Mishandling of public funds.
18. Falsiffing or altering any City record.
19. Any conduct unbecoming an employee of the City of Firebaugh that causes discredit to the City or results in the impairment or disruption of City service.
20. Unjustified and repeated abuse of sick or other leave.
21. Failure to comply with safety procedures.
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22.Failwe to follow defined job duties and procedures.
23. Misuse or destruction of City equipment or property.
24. Sleeping on the job.
25. Acceptance of gifts or gratuities in connection with or relating to employee's job duties.
26. Discrimination, including harassment, against other employees or members of the public on the basis of any legally protected classification.
27 . Taking retaliatory action against a person engaged in protected conduct.
C. Disciplinarv Policv and Procedure
The following procedures apply to regular employees who are subjected to disciplinary salary reduction, major disciplinary suspension, demotion, or dismissal. For purposes of this section, these disciplinary actions will be referred to as "major disciplinary action." The disciplinary notice or appellate procedures shall not be applicable to those positions which may be deemed exempt by Council resolution, Personnel Rules Section I(C), or to probationary employees.
1. Proposed Notice of Discipline - Procedure
If the City proposes a major disciplinary action, the employee shall be served with a written notice of the proposed disciplinary action. Such notice shall:
a. State the charges and specifications against the employee. b. Include all information relied upon in making the decision to propose disciplinary action.
c. Advise the employee of any rights to respond to the proposed discipline, either orally or in writing, state that the employee's response will be considered before the proposed disciplinary order goes into effect including a pre-disciplinary "Skelly" conference prior to the imposition of the proposed discipline.
2. Employee Response and Skelly Conference
The Notice of Proposed Discipline will include a date for the pre-disciplinary Skelly conference that will be overseen by the department head or their designee. The Skelly conference is an informal meeting, not a formal or adversary hearing; the employee shall not be entitled to cross- examination. The employee shall have the right of representation at the Skelly conference, if so requested. The department head may, after consideration of all information received, decide to sustain, modiSr, or reject the proposed disciplinary action.
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Service of an order for disciplinary action or any notice required to be given to an employee will be deemed sufficient and complete when delivered in person to the employee to whom it is directed, or when it is sent by certified mail, postage prepaid, to the last known address of the employee.
The City shall not provide a pre-disciplinary Skelly conference to regular employees subjected to a minor disciplinary suspension. However, such employees may request a similar conference during the minor disciplinary suspension or within a reasonable time thereafter.
3. Final Notice of Discioline
If a major disciplinary action is imposed, a written statement shall be given to the employee of the following:
a. The level of discipline, if any, to be imposed, as well as the charges and a summary of facts on which the disciplinary action is based.
b. The effective date(s) of the disciplinary action.
c. A copy of all written materials, reports, or documents upon which the discipline is based.
d. Any rights of appeal.
4. Evidentiary Appeal
The appeal procedure described herein shall apply to a disciplinary action of regular employees resulting in a disciplinary salary reduction, major disciplinary suspension, demotion, or dismissal. It shall not be applicable to those positions which may be deemed exempt by Council resolution, Personnel Rules, or to probationary employees. It shall also not apply to counseling or oral reprimands, written reprimands, or minor disciplinary suspensions.
Regular employees shall have the right of appeal from such disciplinary actions as described in this section. Such an appeal must be filed with the City Clerk within ten (10) calendar days following receipt of a Final Notice of Discipline. The appeal must be in writing and must set forth the grounds or basis for the appeal. If the employee involved does not file said appeal, the City's decision shall be final and take effect as prescribed. a. Hearing. Upon receipt of a written appeal from an affected employee, the City Clerk shall arrange for a hearing as provided in this section. Said hearing shall be conducted within a reasonable time after receipt of a timely written appeal, as determined by the City. The City Clerk shall arrange for the selection of a Hearing Officer to conduct the hearing and issue a decision.
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b. Representation. The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of their choosing, including other City employees, with the exception of supervisory, management, and confidential employees.
c. Failure of Employee to Appear. Failure of the appellant to personally appear at the hearing without providing reasonable notice of inability to attend, shall be deemed a withdrawal of their appeal and the Final Notice of Discipline shall be final. d. Decision. The Hearing Officer shall render a decision no later than thirty (30) calendar days after (1) the conclusion of the hearing and the briefs, if any, have been submitted, or (2) receipt of the official hearing transcript, unless otherwise agreed upon by both parties. The Hearing Officer's decision shall be final and conclusive.
A copy of such decision, along with a proof of service of mailing, shall be forwarded to each of the parties' representatives. Copies shall also be distributed to the City Clerk.
The Hearing Officer may sustain, reject, or modiff any or all of the charges filed against the employee. If the disciplinary action is reversed or modified by the Hearing Officer, they may determine whether the employee is to be compensated in all or in part for the time lost on or after the date the disciplinary action went into effect.
The cost of the Hearing Officer and other mutually incurred costs shall be bome equally by the parties which shall be paid on or before the date of the appeal hearing.
Failure to pay half of the mutually incurred costs may prevent the hearing from occurring. Pursuant to Code of Civil Procedure Section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Fresno.
VI. LAYOF'F PROCEDURES
Whenever, in the judgment of the Personnel Officer, it becomes necessary to abolish any position of employment, the employee holding such position may be laid off or demoted without disciplinary action and without the right of appeal.
A. Notification
Employees to be laid off shall be given, whenever possible, prior notice of at least thirty (30) calendar days.
B. Order Lavoff
In each class of position, employees may be laid off according to employment status in the following order: temporary, provisional, probationary, andregular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined the Personnel Officer
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Seniority is defined as the length of full-time service at or above a classification within the department. Employees who received "improvement- needed" or worse on their last written evaluation shall be subject to layoffs before those who received a higher rating.
Whenever the Personnel Offrcer believes that the best interest of the City requires the retention of employees with special qualifications, characteristics, skills or fitness for the work, the Personnel Officer may grant an exception to the order of layoff.
C. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the workforce, the Personnel Officer shall first demote the employee to be laid off to a vacarcy, if any, in a lower class for which the employee is qualified. All persons to be demoted shall have their names placed on the re-employment list.
D. Bumpins Rights
An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in the same class or in a lower class in which the affected employee once had permanent status.
In order to bump down to a former or lower class, an employee must request displacement action in writing to the Personnel Officer within five (5) working days of receipt of notice of layoff. Notice of layoff shall include a notice of the rights set forth in these Rules.
Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
Employees retreating to a lower, or similar, class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or the class series.
There shall be no interdepartmental displacement rights.
E. Re-employment List
Regular, non-probationary employees laid off or demoted in accordance with these Rules shall be entered upon a re-employment list. Lists from different departments shall be combined into a single list. The Personnel Officer shall review such list for former employees in the same or lower classification as that in which avacancy arises. The City is not required to interview or hire from the re- employment list. The re-employment list does not create any benefit or rights to laid off, regular, non-probationary employees on said list. nrf(ilcr.r;1.!:l- til,L t-ii ill !lli { !I\'{li'1 !itJ:1t.,\l,ilH _'r :,,1 l . :. i.ii .l ) .rul, j,\
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F. Duration
Names of persons laid off shall be carried on a re-employment list for six (6) months, except that persons appointed to permanent positions at the same level from which they were laid off shall, upon such appointment, be dropped from the list. Persons who refuse reemployment shall be dropped from the list. Persons re- employed in a lower class or on a temporary basis, shall be continued on the list for the higher position for one (1) year. The Personnel Officer may extend the duration of a re-employment list.
G. Re-employment After Lavoff
Employees rehired to City service from a re-employment list shall retain all benefits, accumulated leave, and seniority rights that such employees enjoyed prior to being laid off.
VII. EMPLOYEEGRIEVANCES
A. Purpose
The purpose of this section is to provide a just and equitable method for the resolution of grievances without fear of coercion or reprisal.
B. Grievance Defined
Subject to the exclusions listed in this Policy, a "gnevance" is a claimed violation of a specific provision of these Personnel Rules or a Memorandum of Understanding (MOU) and is not subject to any other City dispute resolution process or procedure that is provided by statute, ordinance, resolution, or agreement.
'l'hp fnllnurino matters are excl"rlorl f.^- +hp rlpfi +;^6 ^Tt(M:o',onno))
1. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meeting, and conferring process or matter within the scope of representation;
2. Requests for changes in the content of employee evaluations or perforrnance reviews, oral or written warnings, reprimands, or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase;
4. Challenges to any disciplinary action;
5. Challenges to examinations or appointment to positions;
6. Management of the City generally;
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7. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs;
8. Methods of financing;
9. Determination of or change in facilities, equipment, methods, technology, means or size of the work force;
10. Determination of or of or change in the location, number of locations, relocations and types of operations, processes, or materials to be used in carrying out City functions;
11. Determination of work assignments and schedules;
12. Determination of productivity or performance programs and standards;
13. Detemination of standards, policies, and procedures for selection, training, and promotion of employees; and
14. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities.
C. General Provisions
1. No retribution or prejudice shall be suffered by any employee making use of the grievance procedure.
2. The time limits established herein may be extended by mutual written agreement between the grievant and management.
3. If management, at any step of the procedure, fails to respond within the prescribed time limit specified, the grievant may process the grievances to the next step.
4. If the grievant, at any step of the procedure fails to appeal management's decision on the grievance within the prescribed time limit specified, such decision shall be deemed accepted and shall not be subject to further appeal or consideration.
5. By mutual written agreement, a grievance may revert to a prior level of reconsideration.
6. The grievant shall be present at all conferences in the grievance procedure
7. All communications, notices and papers required to be in writing shall be served personally or by United States mail. For mailed notices and papers, the postmark shall be within the prescribed time limits.
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8. Management shall inform the grievant of any limitation on the authority of the management representative to fully resolve the grievance.
9. All employees have the right to consult with their supervisor, their department head, or the Personnel Officer without prejudice, concerning the manner, form andlor procedure for filing a grievance.
10. Failure of the grievant to complete any step on the grievance procedure will bar fuither consideration of the grievance.
11. The grievance procedure shall not be used in addition to, or as a substitute for, the disciplinary procedure, the unfair labor relations practice procedure, or the impasse procedure, when any ofsuch procedures are or could reasonably have been available in the exercise of reasonable diligence.
12. Gievances may be filed by an exclusively recognized employee organization.
13. If the grievance is against the employee's supervisor or department head, the employee may apply to the City Manager in writing for permission to commence the Grievance Procedure at the step immediately above the supervisor alleged to be the subject of the grievance. The City Manager (or the City Council, in the event the grievance is against the City Manager) shall permit this modification of the grievance procedure upon their determination that there are special circumstances that prevent the employee from obtaining full and fair consideration of the grievance by the employee's supervisor or department head.
D. Representation Rishts
1. The employee has the right to the assistance of a representative of their choice in the investigation, preparation, and presentation of a grievance.
2. Representation may occur at any stage of the grievance procedure provided, however, that prior to calling for representation at Step One - Intermediate Supervisor of the procedure, the employee shall informally discuss their grievance with their supervisor.
Upon conclusion of such discussion, and in accordance with the below procedures, the employee may file a formal grievance within ten (10) calendar days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance in order to have the assistance of a representative at that Step. 3, If the employee elects another employee as his or her representative, such representative shall not be released during working hours without the approval of his or her supervisor.
4. The supervisor shall grant the representative a reasonable amount of time during work hours to assist the grievant, provided such would not unreasonably interfere with or delay City work.
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5. Grievance conferences between management and grievant will normally be conducted during regular working hours at a mutually convenient time.
6. The investigation of a grievance during working hours by an employee and their representative, if any, shall be in accordance with the following:
a. Prior to entering any job site, the grievant and representative shall obtain the approval of the job site supervisor.
b. There shall be no solicitation of grievances or employee organization membership. c. The investigation shall be conducted expeditiously and in a reasonable amount of time, with due regard for the work requirements of the City. d. Where the investigation commences prior to the end of the regular workday, time spent after the close of the regular workday shall be on the representative's and the employee's own time.
e. Entry to a City job site will not be permitted if it would unreasonably interfere with or delay City work.
f. All safety regulations relating to the presence or conduct of persons at the job site shall be followed.
E. Procedures
1. Informal Resolution
Employees who believe they have a bona fide complaint within the scope of these procedures shall promptly inform and discuss the issue with their immediate supervisor as designated by the department head or their designee to, in good faith, clariff the matter expeditiously and informally resolve the matter. If the informal discussion does not resolve the problem to the employee's satisfaction, and if the complaint constitutes a grievance as herein defined, the employee may file a formal grievance in accordance with the following procedure.
2. Step One - Immediate Supervisor
a. The employee shall file a completed written grievance form to their supervisor within ten (10) calendar days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. b. The supervisor shall, within five (5) calendar days after receipt of the grievance, have a discussion with the employee concerning the grievance.
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c. The supervisor shall, within five (5) calendar days of the grievance conference, render a written decision to the employee with a copy of the original grievance.
3. Step Two - Department Head
a. Within five (5) calendar days of receipt of the decision ofthe supervisor, the grievant, if he wishes to appeal the decision, shall submit an appeal to the department head.
The appeal shall be submitted in writing, in conformity with the procedures stated therein and shall include the supervisor's response, if any. b. The department head or their designee shall, within five (5) calendar days of receipt of the appeal, schedule a conference at a mutually-agreeable time. A representative of the grievant andlor management may attend this conference in accordance with the Personnel Rules (VII, D).
c. The department head or their designee shall, within five (5) calendar days of the conference, render a written decision to the grievant with a copy of the original grievance.
4. Step Three - Citli Manager
a. Within five (5) calendar days of receipt of the written decision from the department head or their designee, the grievant, if he or she wishes to appeal the decision, shall submit an appeal to the City Manager. The appeal shall be submitted in writing, in conformity with the procedures stated therein and shall include the original grievance and management's responses, if any.
b. The City Manager or their designee shall, within seven (7) calendar days of receipt of the appeal schedule a conference at a mutually-agreeable time. A representative of the grievant andlor management may attend this conference in accordance with the Personnel Rules (VII, D).
c. The City Manager or their designee shall, within seven (7) calendar days of the conference, render a written decision to the grievant with a copy of all appeal documents.
d. The City Manager may, at their option, render a written decision based on the documents submitted for their review without the conference within the time frame set forth above. If he or she does so, the grievant may discuss this decision with the City Manager at a mutually convenient time, provided the grievant requests such a meeting within seven (7) calendar days of receipt of the City Manager's decision. e. Grievances shall be appealable in accordance with the procedures set forth in Step Four.
f. Nothing in this section shall prohibit, by written agreement, a more expeditious of the
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5. Step Three - Bindine Arbitraiioq
a. If the response at Step Two does not resolve the grievance, the grievant and Union may jointly request that the matter be submitted to binding arbitration. Such request shall be made in writing to the City Manager within five (5) calendar days of the grievant's receipt of the Step Two response. An arbitrator may be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator within a reasonable time, as determined by the City, they shall make a join request to the State Mediation & Conciliation Service for a list of seven (7) arbitrators who have had experience in the municipal sector. The parties shall select the arbitrator by alternately striking names from said list until one name remains; such person shall then become the arbitrator. The first party to strike a name shall be determined by the toss of a coin.
b. The arbitrator selected shall hold a hearing as expeditiously as possible at a time and at aplace convenient to the parties, and shall be bound by the following:
1) The arbitrator shall be bound by the language of the MOU, as well as the City's and departmental rules and regulations consistent therewith in considering any issue properly before them.
2) The arbitrator shall expressly confine themselves to the precise issues submitted to them and shall have no authority to consider other issues not submitted to them. 3) The arbitrator shall be bound by applicable Federal, State, and local law 4) In disputes involving the interpretation of the MOU, the arbitrator will only interpret the MOU and will not have the power to add to, delete from, or amend any part of the parties' Agreement. Additionally, the arbitrator may not recommend changes in established wages or benefits, nor recommend the payment of back wages or benefits to a date prior to thirty (30) days before the grievance was timely filed.
c. The arbitrator's decision shall be final and binding on the City, the Union, and the grievant. All fees and costs of the arbitrator and court reporter, if any, shall be borne by the losing party. The Union has the authority to settle grievances at any step in the process on behalf of members of the bargaining unit. j)l:.li.lji.r'.ill:l- R1,l lr!; i)l lllL.{ llY{)l'i li(ir.ii,'\. l.ilii .^.".'1i.)'.I)lrI),il.i),'!'l)Ol'.1 l:.il.i!-"'I'J')i:).n .\! )
V[I. PREVENTION OF HARASSMENT
A. Purpose
Every employee is entitled to a work environment free from discriminatory harassment or retaliation. This policy prohibits harassment and discrimination on the basis of any of the following protected classifications: actual or perceived race, religious creed, color, sex (including gender, gender identity, gender expression, and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation, military and veteran status or any other protected classification.
Retaliation, including any threats to engage in unfair immigration-related practices, against any individual for making a complaint of discriminatory harassment or for participating in a harassment investigation, or for exercising a right protected by State labor or employment laws or any applicable ordinance is prohibited.
1. Policy Statement
The City has zero tolerance for any conduct that violates this policy. Conduct need not arise to the level of a violation of law to violate this policy. A single act can violate this policy and provide grounds for discipline or other appropriate sanctions, up to and including discharge. The City will take appropriate preventative, corrective and/or disciplinary action in response to behavior that violates this division or the rights and privileges it is designed to protect.
2. Definitions
a. Discrimination
Treating any individual differently because of the individual's protected classification as described above by this policy.
b. Harassment
Harassment can include any form or combination of verbal, physical, visual, or environmental conduct. It need not be explicit or specifically directed at the victim.
Sexually harassing conduct can occur between people of the same or different genders. Prohibited Harassment included but is not limited to:
Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, posts, or messages; Visual displays such as derogatory and/or sexually oriented posters, photography, cartoons, drawings, or gestures;
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a Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race, or any other protected basis;
Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in retum for sexual favors;
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Retaliation for reporting or threatening to report harassment; and Communication via electronic media of any type that includes any conduct that is prohibited by state andlor federal law or by company policy.
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.
Prohibited harassment is not just sexual harassment but harassment based on any protected category.
c. Discrimination/harassment does not include the following:
1) Bona fide acts or omissions based solely upon bona fide occupational qualifications under Equal Employment Opportunity Commission and California Fair Employment and Housing Commission guidelines.
2) Bona fide requests or demands by a supervisor that an employee improve their work quality or output, that the employee report to the job site on time, that the employee comply with City or departmental rules or regulations, or any other appropriate work-related communications between supervisor and employee.
3. Supervisor-Subordinate Relationships
Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. Employees engaged in such a relationship must immediately report their relationship to the Personnel Officer. The employees in said relationship may continue their employment but not in a supervisor- subordinate role. The employees shall have first right to determine which of them will be transferred to an open position, if any exists, for which they meet the minimum qualifications. The City may unilaterally transfer one of the employees if one does not volunteer within five (5) calendar days of reporting the relationship. Failure to comply with this reporting requirement shall be grounds for discipline, including dismissal. a
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4. Responsibilitlu
a. This division applies to all City personnel. Each department head is responsible for ensuring that the work environment is free from all types of unlawful discrimination, including sexual harassment. Supervisors are responsible for taking prompt, appropriate action within their work units to avoid and minimize the incidence of discrimination.
b. All employees shall promptly report any conduct which violates this policy to their immediate supervisor, manager, any department head, the Personnel Officer, or appropriate authority figure. This includes any instances of discriminatory harassment which they directly observe whether or not the conduct is reported by the employee who is the object of such conduct.
Under no circumstances shall employees who believe they are victims of such conduct be required to first report that harassment to a supervisor or other authority figure if that figure is the individual who has harassed the employee. Employees may, without following the departmental chain of command, file a complaint directly with the department head or City Manager.
All employees shall cooperate with any investigation of any alleged discriminatory harassment conducted by the City or its agents.
c. Any supervisors receiving information regarding violation(s) of this policy shall immediately notifu the City Manager. All supervisors shall maintain confidentiality to the extent possible in communicating or investigating any claims of alleged discrimination or harassment.
B. Investigation of Complaint
1. Informal resolution
Whenever possible, employees who believe that they are experiencing discrimination andlor harassment are encouraged to inform the individual who's behavior is unwelcome, offensive, unprofessional, or highly inappropriate. If this does not resolve the concern or if an employee feels uncomfortable, threatened, or has difficulty expressing their concem, informal assistance or counseling should be sought from a supervisor. No employee is required to attempt informal resolution before filing a complaint.
2. Formal investigation
Upon receipt of any written or oral complaint, the department head shall initiate a formal investigation after consultation with the City Manager, who shall conduct or authorize an investigation. The investigator will have full authority to investigate all aspects of the complaint. The investigative authority includes accessibility to records and cooperation of all employees involved. No influence will be used to suppress any complaint and the i'l-ll iio'"r \ l:.i. ttl.: L.iis Ot I tlL'. {. t I y ali' 1' lR l r li.,\ t;tlil ,,\'vll.\iIil ii ;r.,I),ii)Ol'}'I I:i,).1l,lri..i .10.14 4l
investigation will be conducted in a manner that ensures, to the extent possible, the privacy of the parties involved.
The investigator shall report in writing the findings of fact to the City Manager, who will determine whether the policy has been violated and inform the complainant of the general investigation conclusion(s) when the investigation has concluded, in consultation with the City Attorney.
Disciplinary action shall be decided in accordance with City policy and after consultation between the City Attorney and the City Manager.
3. Option to Report to Outside Administrative Agencies
An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the govemment section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers.
4. False or Comolaints
If it is determined that the reporting party knowingly or maliciously filed a false complaint or that the act reported did not in fact occur, the City may issue appropriate discipline.
5. Documentation
The City Clerk shall maintain a complaint file containing copies of investigation files.
The information contained in this file is confidential and privileged, subject to disclosure only under appropriate legal measures. Department heads may review investigation files conceming their departments only with the prior approval of the City Manager. In cases of confirmed claims resulting in discipline, the personnel file of the disciplined employee will contain appropriate documentation relating to the disciplinary actions taken. In cases of unsubstantiated and unfounded claims not resulting in discipline, the investigation file will be maintained for four (4) years.
C. Mandatorv Training
As part of its commitment to ensuring a work environment free from harassment and discrimination, the City requires that all of its employees receive training in this policy at least once every two (2) years. The City Clerk will schedule training sessions to ensure that employees are able to schedule the mandatory training. Attendance at the training will be documented.
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IX T E ABUSE POLICY
A. Purpose
Substance abuse causes job related accidents, absenteeism, substandard performance, poor employee morale and impairs the City's reputation. This policy is intended to eliminate substance abuse in the workplace. It is not intended to intrude into the private lives of City employees. The City's concem is that employees be able to perform their duties safely and efficiently at work. The use of performance-impairing or unlawful drugs and alcoholic beverages on the job, and the influence of those substances on employees during working hours are inconsistent with that objective.
B. Application
1. This policy applies to all employees and applicants for employment with the City. It applies to all alcoholic beverages and to all substances, drugs, and medications, legal or illegal, which could impair an employee's ability to effectively and safely perform their job or other City-related business.
2. The City follows the Federal Department of Transportation's mandatory drug and alcohol testing policies for positions requiring a Commercial Driver's License. Covered employees, employed in any capacity, who operate a commercial vehicle or who have a CDL or CDP (Permit) are subject to the requirements contained in this policy as well as all legally- mandated policies.
3. For the purpose of enforcing this policy and maintaining an alcohol, drug and controlledsubstance free workplace, the City reserves the right to search all work areas and property to which the City maintains full or joint control with the employees, including but not limited to City vehicles desks, lockers, file cabinets, furniture, or storage areas. No employee has any expectation of privacy in any City building, property, or communications system. Such searches may be conducted when the City has reasonable grounds to conclude that there has been a violation of this policy and in accordance with the Personnel Rules (Xl, C (Miscellaneous, Right to Search City Property)).
C. Emplovee Requirements
l. Employees shall not report to work or be on duty, nor be subject to call-in, while under the influence of or in possession of alcoholic beverages, illegal drugs, or other substances while on City property and wherever City business is performed. An employee is on duty during working hours, including breaks, during meal periods.
2. The City Manager may grant special permission for City employees to use or possess alcoholic beverages in appropriate circumstances such as during community celebrations, staff parties or special events.
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3. Employees shall not, directly or through a third party, manufacture, distribute, dispense, sell, or provide, alcohol or any drugs in both City workplaces or wherever City business is performed while either or both employees are on duty.
4. City employees shall not be barred by this policy from properly performing their job functions. Accordingly, other employees who come into possession of alcoholic beverages andlor unlawful drugs as part of their official duties shall not be in violation of this policy.
5. Employees must notify their supervisor before beginning work when taking any medication or drugs, prescription or non-prescription, which could interfere with the safe and effective performance of their duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely or effectively perform their duties while using prescribed medications, a medical clearance from a qualified physician may be required.
6. An employee must immediately submit to an alcohol or drug test, other than such that tests for the presence of non-psychoactive cannabis metabolites, by a City-selected physician or laboratory when there exists reasonable cause to suspect that the employee is or was impaired or under the influence of drugs or alcoholic beverages while on City duty.
7. An employee must provide, within twenty-four Q\ hours of request by their supervisor, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug/alcohol test is positive. The prescription must be in the employee's name.
8. Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.
9. The City will provide reasonable opportunities of rehabilitation to employees with a drug or alcohol problem in accordance with federal and/or state law.
10. The City has established a voluntary Employee Assistance Program (EAP) to assist employees who voluntarily seek help for alcohol or drug related problems. Employees should contact their supervisors or the EAP for information concerning this Program.
D. Procedures
1. Drus and Alcohol Testing
Nothing in this section applies to the use of any testing that identifies non-psychoactive metabolites found in cannabis. Such testing procedures will not be employed for employment decisions, including hiring, firing, or any disciplinary measures. i>l:RSCli:-.1't- t{l,1.1.!i Ol lFtl. i li :'t)i'I }!{}:li.'\t.tlH ,\iil l-'; l )L i r 1\.'.,1 i,'\J,rail' l l :l) ] { -'' } : i. ii.) 1,4 ,Iit
a. Pre-Employment Drug Tests
1) Generally, no drug test will be conducted before making a conditional offer of employment to the applicant. However, pre-employment testing for illegal drug use may be permitted in cases where (1) there is a special need (e.g., safetysensitive positions or positions supervising children) to justifu the test, and (2) all applicants for the position are required to test.
2) Before a drug test is administered to an employee or applicant with a conditional offer for City employment, he will be asked to sign a consent form authoizing the clinic or laboratory to obtain a blood andlor urine specimen and to release the results of the test to the Personnel Officer and to the appropriate department head.
The consent form shall provide space for the employee or job applicant to indicate their current or recent use of prescription or over-the-counter medication.
3) A job applicant who refuses to consent to a drug and/or alcohol test after he receives a conditional offer of employment will be denied employment with the City and will be removed from the appropriate eligibility list. 4) A positive test from a drug andlor alcohol analysis may result in the applicant not being hired where the applicant's use of unlawful drugs and/or alcohol could reasonably affect job performance.
5) If a drug screen is positive for prescription drugs at the pre- employment physical, the applicant must provide, within twenty-four Q$ hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name, or if the applicant does not provide adequate verification, the Personnel Officer may decide not to hire the applicant.
b. Drug and Alcohol Tests During Employment
l) Reasonable Suspicion. Supervisors, department heads or management may require a drug or alcohol test when he has a reasonable suspicion that the employee is under the influence alcohol, illegal drugs, or controlled substances while on City duty. "Reasonable suspicion" is based on objective factors that lead a reasonable person to suspect that an employee is under the influence of drugs or alcohol at work.
Any of the following, alone or in combination, may constitute reasonable susplcron:
(i) Appearance;
(ii) Sluned speech;
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(iii)Alcoholic odor on breath;
(iv)Unsteady walking and movements;
(v) Bizane or extremely unusual behavior; or
(vi)Possession of alcohol or unauthorized drugs while on duty 2) Post-Accident Testing. The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the "reasonable suspicion" factors described above are present. c. In the event a supervisor reasonably suspects that an employee is or was under the influence of alcoholic beverages or performance impairing drugs while on City duty, the following procedures shall be followed:
1) Supervisor shall notif,i the department head and/or City Manager, or their designees, of their reasonable suspicion. If the department head or City Manager concurs that there is reasonable suspicion of a violation of this policy, the City Manager may notiff the appropriate law enforcement agency. 2) The department head shall immediately notiSr the employee of their suspictons and advise that they may have a representative present during the drug/alcohol test. The department head shall document in a written report specific facts constituting their reasonable suspicion, and all other facts from the initiation of procedures until such time as the employes can be safely transported home. The delay in the employee securing representation shall not exceed fifteen (15) minutes from the time the employee is ordered to submit to the drug/alcohol test.
The employee shall be permitted an additional period of time, not to exceed fifteen (15) minutes, in which to confer with their representative. 3) The employee will be offered an opportunity to give an explanation of their condition, such as reaction to a prescribed drug, fatigue, etc. This shall be recorded in the written report.
4) The supervisor shall sign and date the written report and the employee shall be provided with a copy of the written report upon its completion. d. An employee who refuses to consent to a drug and/or alcohol test when there is reasonable suspicion of drug or alcohol use in violation of this policy, shall be subject to disciplinary action up to and including termination. The reason(s) for the refusal shall be considered in determining the appropriate disciplinary action. l']l:R.''i[]\).rl,l.i- Rl-l L:i Ot ltll: {. Il Y {)l'} lltLli.\t.i ill .'\'.,1 Ll.l)l t) r\lil).'\i.:[]l) ll: l-),Il-'.i:.1 -iil24 1i3
e. An employee reasonably believed to be under the influence of alcoholic beverage or performance impairing drugs while on City duty, such that there is a question regarding an employee's ability to safely or effectively perform their duties, shall be prevented from engaging in fuither work, and shall be detained for a reasonable time until he can be safely transported from the work site.
f. Positive Results for Drue and Alcohol Tests During Emplowqeq! 1) A positive result from a drug and/or alcohol analysis showing use of unlawful, or performance impairing drugs or alcohol may result in disciplinary action up to and including discharge. Upon the request of the employee who tested positive on the drug or alcohol analysis, the City Manager may, at their discretion, order and authorize a retest of such employee.
2) If the drug screen is positive for prescription drugs, the employee must provide, within twenty-four (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If the employee provides bona fide verification and the prescription drug affects their ability to perform their essential functions, the City will engage in the disability interactive process to determine if it can reasonably accommodate the disability. (Rule IV, N) If the employee does not provide adequate verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified their supervisor of their on-the-job use of such prescription or performance impairing drug, the employee will be subject to disciplinary action, up to and including discharge.
2. Confidentiality
Laboratory reports and test results shall not appear in the employee's general personnel folder. Information of this nature will be contained in a separate confidential medical file that will be securely kept under the control of the Personnel Officer or their designee.
The report or test results may be disclosed to City management on a strictly need-toknow basis and to the tested employee upon request.
Disclosures, without employee consent, may also occur when:
a. the information is compelled by law or by judicial or administrative process; b. the information has been placed at issue in a formal dispute between the City and the employee;
c. the information is to be used in administering an employee benefit plan; or d. the information is needed by medical personnel for the diagnosis for treatment of the employee who is unable to authorize disclosure.
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X. SAFETY
A. General Employee Safety
The City is committed to the safety and health of all employees and recognizes the need to comply with regulations governing injury and accident prevention and employee safety.
Maintaining a safe work environment, however, requires the continuous cooperation of all employees.
If an employee is in doubt about how to safely perform a job, it is their responsibility to ask a supervisor for assistance. Any suspected unsafe conditions and all injuries that occur on the job must be reported immediately. Compliance with these safety rules is considered a condition of employment. Therefore, it is a requirement that each supervisor makes the safety of employees an integral part of their regular management functions. It is the responsibility of each employee to accept and follow established safety regulations and procedures. Failure to follow these rules will be considered serious and result in disciplinary action.
B. Reporting SafeW Issues
All accidents, injuries, potential safety hazards, safety suggestions and health and safety related issues must be reported immediately to the employee's supervisor and outside emergency response agencies, if needed. If an injury does not require medical attention, documentation must still be completed in case medical treatment is later needed and to insure that any existing safety hazards are coffected. The Employee's Claim for Workers' Compensation Benefits Form must be completed in all cases in which an injury requiring medical attention has occurred.
Federal law (Occupational Safety and Health Administration) requires that the City keeps records of all illnesses and accidents that occur during the workday. California State Worker's Compensation Act also requires that any workplace illness or injury, no matter how slight, is reported by an employee.
1. Enterine and the Premises
Employee will be advised about the proper entrances and exits for employees, as well as unauthorized areas, if any. Unescorted or unauthorized visitors in City facilities are prohibited. If an employee is expecting visitors, such as clients, customers, or friends, he should notifu the supervisor.
2. Security Checks
The City may exercise its rights to inspect all packages and parcels entering and leaving its premises.
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3. Safety Rules
Safety is to be given primary importance in every aspect of planning and performing all City activities. Protection against industrial injury and illness, as well as minimizing the potential loss of production is the City's goal. Safety rules and procedures may be posted from time to time on City premises.
4. Working Safely
Employees should start work on any machine only after safety procedures and requirements have been explained and immediately report any suspected hazards and all accidents to the supervisor.
5. Liftins
Employees should ask for assistance when lifting heavy objects or moving heavy fumiture.
a. Rules for lifting. Employees should:
1) Take abalanced stance, feetplaced shoulder-width apart. When lifting something from the floor, squat close to the load.
2) Keep back in its neutral or straight position. Tuck in chin so head and neck continue the straight back line.
3) Grip the object with whole hand, rather than only with fingers. Draw the object close, holding elbows close to body to keep the load and body weight centered. 4) Lift by straightening legs. Allow leg muscles, not back muscles, do the work.
Tighten stomach muscles to help support back. Maintain neutral back position while lifting.
5) Never twist when lifting. When tuming with a load, turn body, feet first. 6) Never carry aload that blocks vision.
7) To set something down, use the same body mechanics used for lifting.
6. Materials Handling
Do not throw objects. Always carry orpass them. Use flammable items, such as cleaning fluids, with caution. Also, stack materials only to safe heights and observe the following rules for material storage:
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a. Store heavy objects on lower shelves.
b. Try to store materials inside cabinets, files, and lockers c. Aisles, corners, and passageways must remain unobstructed. d. Fire equipment, extinguishers, fire door exits, and sprinkler heads should remain unobstructed. Materials should be at least l8 inches minimum away from sprinkler heads.
7. Trash Disposal
Keep sharp objects and dangerous substances out of the trash can. Items that require special handling should be disposed of in approved containers.
8. Cleanine Up
To prevent slips and tripping, clean up spills and pick up debris immediately.
9. Preventing Falls
To prevent slips and tripping, clean up spills and pick up debris immediately.
10. Slips and Falls
a. All pathways should be clear of objects.
b. Do not leave files and desk drawers open. Close drawers completely after every use. c. Make sure that shoes are appropriate for your work area. Non-slip shoes should be wom at all times.
d. Secure electrical cords and wires away from walkways. e. Always use a stepladder for overhead reaching. Chairs should never be used as ladders.
f. Clean up spills immediately. Do not wait for someone else to do it. g. Pick up objects co-workers may have left on the floor. h. Report loose carpeting or damaged flooring.
i. Never carry anything that obscures vision.
j. Avoid excessive bending, twisting, and leaning backward while seated. i'LP-.SO',:"1:1. lil.I t:S Llt' iliL. aiI y Ol'l'IRLii'''tt,ilH '\ Ul )al)l'l) r\l,i) r\l)Oi) ll:i).li-
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11. Falline Objects
Store objects and tools where they won't fall. Do not store heavy objects or glass on high shelves.
12. Work Areas
Keep cabinet doors and file and desk drawers closed when not in use. Remove or pad torn, sharp corners and edges. Keep drawers closed. Open only one drawer at a time.
13. Ladder Safety
a. Never use a substitute for a ladder (i.e. chair, desk, boxes, etc.) b. Know what type of ladder to use for a particular use. c. Inspect your ladder for existing condition.
d. Set up the ladder properly. Do not lean ladders up against other objects. Extend the legs of the ladders out fully.
e. Climb the ladder properly.
f. Carry the ladder correctly. Watch for others and objects in the walkway.
14. ElectricalHazards
a. Never put a finger or anything other than an electrical plug in an outlet. b. Pull by the plug, not the cord, when unplugging an appliance. c. Do not use an electrical appliance when wet, have wet hands or are standing in water d. Limit the number of appliances plugged into each outlet. e. Be alert for damaged plugs and cords. Do not touch them! f. Do not place electric cords so that they run through doorways or under carpets.
15. Fire Extinzuishers
Know where fire extinguishers are located and how to use them.
16. Report Injuries
Immediately report all injuries, no matter how slight, to the supervisor.
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17. Ask Questions
If in doubt regarding the safe way to perform a task, do not proceed until a supervisor is consulted. Employees will not be asked to perform any task that may be dangerous to their health, safety, or security. If a task may be dangerous, inform the supervisor at once.
18. Weapons
The City believes it is important to establish a clear policy that addresses weapons in the workplace. Specifically, the City prohibits all persons who enter City property from carrying a handgun, firearm, knife or any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm regardless of whether the person is licensed to carry the weapon.
The only exception to this policy will be police officers, security guards or other persons who have been given written consent by the City to carry aweapon on the property' Any employee disregarding this policy will be subject to immediate discipline, up to and including termination.
19. Fire Prevention
Know the location of the fire extinguisher(s) and make sure they are kept clear at all times. Notiff supervisor if an extinguisher is used or if the seal is broken. Extinguishers that are rated ABC can be used for paper, wood, or electrical fires. Make sure all flammable liquids, such as alcohol, are stored in approved and appropriately labeled safety cans and are not exposed to any ignition source.
If aware of a fire, employee should
a. Dial 911 or the local fire department.
b. If possible, immediately contact the supervisor. Evacuate all employees from the atea.
c. If the fire is small and contained, locate the nearest fire extinguisher. This should only be attempted by employees who are knowledgeable in the correct use of fire extinguishers.
d. If the fire is out of control, leave the area immediately. No attempt should be made to fight the fire.
e. When the fire department arrives, direct the crew to the fire. Do not re-enter the building until directed to do so by the fire department. 1'li!{!iaj\\L:1. Ri.!.'r.5; {Jl' l llir. f'{ i Y i)l' I }}{trJJ,\,l,alFl ,\1,i]:.l.l rl,li A:,1) ,rJiOP I lrl,) .1{.',i .i iii 14 i4
20. Emereencli Evacuation
If advised to evacuate the building, employee should:
a. Stop all work immediately.
b. Contact outside emergency response agencies, if needed c. Shut off all electrical equipment and machines, if possible d. Walk to the nearest exit, including emergency exit doors. e. Exit quickly, but do not run. Do not stop for personal belongings. f. Proceed in an orderly fashion to a parking lot near the building. Be present and accounted for during roll call.
g. Do not re-enter the building until instructed to do so.
21. Housekeeping
Neatness and good housekeeping are signs of efficiency. Employees are expected to keep work area neat and orderly at all times-as a required safety precaution.
If liquid is spilled, clean it up immediately. Do not leave tools, materials, or other objects on the floor that may cause others to trip or fall. Keep aisles, stairways, exits, electrical panels, fire extinguishers, and doorways clear at all times.
Easily accessible trash receptacles and recycling containers are located throughout the work area. Please put all litter and recyclable materials in the appropriate receptacles and containers. Always be aware of good health and safety standards, including fire and loss prevention.
Please report to supervisor immediately anything that needs repairing or replacing
22. Offrce Safety
Office areas present their own safety hazards. Please be sure to:
a. Leave desk, file or cabinet drawers firmly closed when not in use. b. Open only a single drawer of a filing cabinet at a time. c. Arrange office space to avoid tripping hazards, such as telephone cords or calculator electrical cords.
Pl-i{.!iJl',)" Jr t- Rl - l .t-.! []lr i til i- 1 I \' {ii' I I tt L li'\l,iilt ,'\],ii:.',i;lr1i /\r'.!) /\.1)()i' I i,ll.J{- .1:.'i )i.).>,4 d. Remember to lift things carefully and to use proper lifting techniques.
23. Property and Equipment Care
It is the employee's responsibility to understand the machines needed to perform their duties. Good care of any machine used during the course of employment, as well as the conservative use of supplies, will benefit the employee and the City. If an employee notices a machine is not working properly or in any way appears unsafe, they should notifu the supervisor immediately so that repairs or adjustments may be made. Under no circumstances should an employee start or operate a machine deemed unsafe, nor should an employee adjust or modif' the safeguards provided.
Employee should not attempt to use any machine or equipment they do not know how to operate, or if the employee has not completed training on the proper use of the machine or equipment.
24. Restricted Areas
In the interest of safety and security, certain portions of the City's facilities may be restricted to authorized personnel only. Such areas will be clearly marked. Some areas may be designated no smoking areas as well.
25. Safetlz Rules When Operating Machines and Equipment When operating machines and equipment, please be sure to follow these procedures:
a. Make sure machine guards are in place while machines are in operation. b. Remove loose clothing, jewelry, or rings before operating machinery c. Wear steel toe shoes and prescription eye protection to start the job, if required.
Required personal protective equipment, except for prescription glasses and steel-toed shoes, will be issued by supervisors.
The City will continue to provide a clean, safe, and healthy place to work and will provide the best equipment possible. Employees are expected to work safely, to observe all safety rules and to keep the premises clean and neat. Carelessly endangering oneself or others may lead to disciplinary action, including possible termination.
26. Security
Maintaining the security of the City's buildings and vehicles is every employee's responsibility. Develop habits that insure security as a matter of course. jrlrk.!:aili,'il:[. Rl,LI-:1 ail iHL CIlY t)]i l;!ltLrLt,\,i,llf l .:'..\1l:,."l.tl:i),\'.i),'\lX:ll' t l"1.).iI- .ir. .i .10),1 :;,i
Always keep cash properly secured, know the location of all alarms and fire extinguishers, and be familiar with the proper procedure for using them, should the need arise, and when leaving the City's premises, make sure that all entrances are properly locked and secured.
27. Smokine
No smoking is allowed in or on City property.
All employees are expected to abide by this policy while at work.
XI. MISCELLANEOUS
A. Personnel Records
The Personnel Officer shall maintain a service or personnel record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent by the Personnel Officer.
B. Internet. Electronic Mail. Telenhone and Voicemail flse
1. Internet Use
Internet and World Wide Web access has been provided to City employees for the benefit of the City and its customers/citizens. This access enables employees to connect to information and other resources around the world. A11 employees are required to maintain and enhance the City's public image, and to use the Internet in a productive manner. The following guidelines have been established for using the Internet and the City's electronic mail system.
2. Acceptable Uses of the lnternet
Employees accessing the Internet, World Wide Web andlor the City's own electronic mail system are representing the City when doing so. Accordingly, all such communications should be for professional, business reasons and should not be for personal use. Each employee is responsible for ensuring that they use their Internet access privilege in an effective, ethical, and lawful manner. "Chat rooms" may only be used to conduct official City business, or to gain technical or analytical advice.
3. Unacceptable Uses of the Internet
The Internet, World Wide Web and/or the City's electronic mail system should not be used for personal gain or advancement of individual views. Solicitation of non-City business, or any use of the Internet for personal gain, is strictly prohibited. Use of the l)l:R.':'irrr\h1- lil,l l:l! ol il{l- altY'{li i'lfli llr\i-r 'Fl .\'"4Lr';I)Li),'"!l;1,) '\IiOP.! LLi.i!- \l i ,l0).4
Internet must not disrupt the operation of the City network or the networks of other users and must not interfere with an employee's productivity. Copyrighted materials belonging to entities other than this City may not be transmitted by employees on the Internet. One copy of copyrighted material may be downloaded for an employee's personal use in research if pre-approved by the City Manager. Employees are not permitted to copy, transfer, rename, add, or delete information or programs belonging to other users unless given express permission to do so by the owner of such information or programs. Failure to observe copyright or license agreements may result in disciplinary action from the City including termination or legal action by the copyright owner.
In addition, any employee accessing Internet sites containing pornography, racial or ethnic hate propaganda or other similarly inappropriate websites unrelated to employment will be subject to immediate discipline, including termination. Employees may not use the City's computer system and Internet access for "shopping." All computer and Internet use may be reviewed by the City from time to time for all users to insure that the City's computer systems are not being used in an inappropriate manner.
4. E-Mail. Telephone (includins cell phone) and Voicemail Use Electronic mail (e-mail), telephone (including cell phone) and voicemail may be used for non-confidential business contacts. The City's e- mail/telephone and voicemail systems are available to assist in the conduct of the City's business. These systems, including the equipment and the data stored in the system, are and remain at all times the property of the City. As such, all messages (including texts) created, sent, received, or stored in the system are and remain the property of the City. Therefore, should employee send or receive "personal" messages in violation of this policy; the City may review and copy any and all such messages.
Messages should be limited to the conduct of business at the City. Telephone, voicemail and e-mail may not be used for the conduct of personal matters except in very limited circumstances and with the approval of the employee's supervisor.
The City reserves the right to retrieve and review any message composed, sent, or received. Even when a message is deleted or erased, it is still possible to recreate the message; therefore, ultimate privacy of messages cannot be ensured to anyone, and the City reserves the right to review deleted messages. While voicemail and e-mail may accommodate the use of passwords for security, confidentiality cannot be guaranteed.
Messages may be reviewed by someone other than the intended recipient. Furthermore, although employees may be granted the use of a "password," it is not for the protection of employee's privacy but is for the protection of the City so that someone other than the intended recipient does not review the messages. All passwords must be made known to the City and the City will at all times have the ability to review e-mail, telephone, and voicemail messages regardless of an employee's use of a personal password because the system may need to be accessed by the City when employee is absent. !)l :R l:if)r.-\l f . ll1. l .l:.::i {)li I HL. i l i \,' { )l' } iii Jr.1ir\ 1,i iH .'\,\.rll:...!ri: | ) /\'.Ii l,l )()l)'I i.I] .JI- ..l: i.,iii1.4 rti
Messages may not contain content that may reasonably be considered offensive, disruptive, or illegal. Harassment of any kind, as defined by the Personnel Rules, through the use of E-mail or voicemail is prohibited.
Employees learning of any misuse of the telephone, voicemail or e-mail system or violations of this policy shall notiSz their supervisor or the City Manager immediately.
As appropriate, the City will investigate the matter. Employees found to have misused the City's telephonic andlor electronic resources will be disciplined up to and including termination.
Internet use, use of personal e-mail, telephone andlor voicemail which in the sole discretion of the City is determined to be excessive, disruptive, or an inappropriate use of City time and resources is prohibited and may lead to discipline up to and including discharge.
C. Right to Search CiW PronerW. Emplovees and Proper Use of Citv Equipment Employees have no reasonable expectation of privacy in the workplace as it pertains to City Property and Equipment. Therefore, to the fullest extent allowed under the law, the City will search and inspect its facilities, employees, and the personal property of employees as necessary to ensure the City's interests are protected. Situations in which there may arise include suspicion of employee theft, incidents of violence or threats of violence, when an employee is suspected of the use, sale, or distribution of drugs, improper or illegal use of City facilities, misuse of City technology such as the Internet, e-mail or voicemail and other situations in which the City believes a search and inspection is appropriate.
All City property, including, but not limited to, desks, storage areas, work areas or offices, lockers, file cabinets, credenzas, computer systems, office telephones, cellular telephones, modems, facsimile machines, duplicating machines, and vehicles, must be used properly and maintained in good working order. Employees who lose, steal, or misuse the City property may be personally liable for replacing or fixing the item and may be subject to discipline, up to and including discharge.
The City reserves the right, at all times and without prior notice, to inspect and search all City property for the purpose of determining whether this policy or any of its policies have been violated, or when an inspection and investigation is necessary for purposes of promoting safety in the workplace or compliance with state and federal laws. These inspections may be conducted during or outside of business hours and in the presence or absence of the employee.
In addition, in order to ensure the safety and security of employees and citizens, and to protect the City's interests, the City reserves the right to question and inspect any employee or other individual entering onto or leaving its premises. The City also may request employees' consent while on the job or on the City's premises to agree to a reasonable inspection of their personal property andlor persons. The individual may be requested to j)l:RSf..)\i .lri.1il-l l:.lii (i! ]1il-. i ily Oi: !Ji{l l:i.r'ri.i.ltl ,'\:.'ii .l.ii:l) r'i .,Ii .i!)()i)'! i.ii.i!-\.i .i ,lii',l/l ',i)
self-inspect their personal property or person by displaying the contents of any packages in the presence of a representative of the City, typically a management employee of the same gender. Refusal to submit to a lawful search may be gtounds for discipline up to and including termination.
Employees have no reasonable expectation of privacy as to any information or file maintained in or on City property or transmitted or stored through the City's computer systems, voicemail, e-mail, or other technical resources. All bills and other documentation related to the use of the City's equipment or property are the property of the City and may be reviewed and used for purposes that the City considers appropriate.
Although employee may be provided a password, the City retains the right to review the entire contents of employee's computer at any time. Do not share password with other employees. Passwords are used to track computer use. Failure to follow this policy may lead to discipline including termination.
Employees may access only files or programs, whether computerized or not, that they have permission to use. Computer software is protected from unauthorized copying and use by federal and state law; unauthorized copying or use of computer software exposes both the City and the individual employee to substantial fines and/or imprisonment. Therefore, employees may not load personal software onto the City's computer system and may not copy software from the City for personal use. All employees must contact the City Manager to install any software on the City's computer system. Unauthorized review, duplication, dissemination, removal, installation, damage, or alteration of files, passwords, computer systems or programs, or other property of the City, or improper use of information obtained by unauthoized means, may be grounds for disciplinary action up to and including termination.
Messages stored andlor transmitted by voicemail or e-mail must not contain content that may reasonably be considered offensive or disruptive to any employee. Offensive content would include, but not be limited to, sexual comments or images, racial slurs, gender-specific comments or any comments or images that would offend someone on the basis of age, sexual orientation, religious or political beliefs, national origin, or disability.
D. Dress and Groomine Code
l. Groomins Guidelines
a. Hair
Employees must be neat, clean, and well-groomed in a business- like style. Hair color must be appropriate for the professional setting. Long hair must be kept in a neat hairstyle. Hair adornments should be small and professional. Facial hair must be clean and neat.
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b. Personal Hygiene
Employees are expected to maintain a high standard of cleanliness, regular bathing, oral hygiene, and use ofdeodorant.
c. Make-U
Should be simple and appropriate for the business setting. Heavily applied dramatic eye make-up or unusual lipstick colors are unacceptable. d. Jewelry
Must be simple and appropriate for the business setting. Visible body piercing, with the exception of ears, is not permitted. Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer. e. Perfume or Cologne
Should be lightly applied.
f. Fingernails
Must be kept clean, and neatly trimmed. Length should not interfere with performing ofjob duties. Style and polish must be appropriate for the business setting. g. Other
No tattoos or other artificial markings are allowed anywhere on the head, face, or neck. Any visible tattoos cannot be obscene, sexually explicit, discriminatory, extremist, or gang related. No visible tattoos shall be greater than 4 by 6 inches. Any non- conforming tattoos must be covered with clothing or a bandage while at work.
2. Dress Guidelines for Office Staff
a. Tee Shirts
Tee shirts are not allowed.
b. Slacks
Must be full length. Dress or casual slacks must be appropriate for the business setting. Leggings, knit stretch pants and jeans are unacceptable. Cropped pants and shorter suits are acceptable; however, hosiery is preferred. j)l- i{Si.j}jl"Ll- tti.Ll;5 Ot I l'{'L {- l I Y {)}' I llilrlJr\{-t iH .r,''.,i i :1. t lL ! ) A t., l-),'\,_r()P i Ll ) .l { - ... L .i l,i1l4 31 c. Hemlines
Are to be worn at a professional length, no higher than 4" above the knee. d. Necklines
Must be for the business setting. Plunging necklines, which reveal cleavage or undergarments, are not permitted. No backless tops or dresses. Sleeveless tops or dresses can be worn with a jacket.
e. Midriff
Clothing must be worn so that the midriff is covered
f. Undergarments
Color of undergarments must be inconspicuous, conventional usage only. Sheer clothing, which allows undergarments to show through, is not acceptable.
Undergarments should be appropriate to the cut of clothing being worn so it is not visible.
g. Shoes
Shoes must always be well maintained and appropriate for the business setting.
Backless, strapless, or thong-type shoes are not permitted at any time. h. Belts
Must be worn at a conventional length and coordinate with clothing. i. Ties
Must be appropriate for the business setting.
Fit
Clothing must be fitted in a traditional and professional manner. Excessively long or baggy clothing or tight, revealing clothing is not permitted. k. Casual Dress Day
Friday may be a casual dress day subject to either Department or City Manager approval. Casual dress does not include T-shirts, tank tops, shorts, revealing clothing, "beach-type" shoes, or sportswear (for example, jogging or gym clothes). j
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3. If employees have a question about how the above policies apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
E. Inconsistent. Incompatible or Conflicting Emplovment Activities
1. Purpose
The purpose of this provision is to implement the provisions of Government Code $ 1 126 relating to inconsistent, incompatible, and conflicting employment by City employees.
It is not the intent or purpose of this policy to restrict, limit or interfere with employees' right to outside employment. It is intended only to prevent outside employment that is inconsistent and incompatible with City employment.
2. Policy
a. Employees of the City shall not engage in any employment, activity or enterprise for compensation that is inconsistent, incompatible, in conflict with, or inimical to their duties as an employee of the City.
b. No employee of the City shall perform any work, service, or counsel for compensation (except as provided in Government Code $ $ 1 128 afi II29) outside of their employment with the City, where any part of their efforts will be subject to approval by any officer, employee, board, or commission of the City. c. Each department head, subject to the City Manager's approval, may determine the consistency or inconsistency of outside employments, activities, or enterprises with City employment. Authorization to engage in outside employment or activities for compensation is subject to revocation by the department head or City Manager without cause. Outside employment, activity, or enterprise shall be prohibited:
1) If it involves the use, for private gain or advantage, or City time, facilities, equipment or supplies, or the City badge, uniform, prestige or influence of employee's City office or position;
2) If it involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of their employment with the City or as a part of their duties as an employee of the City;
3) If it involves the performance of an act in other than their capacity as an employee of this City, which actmay later be subject, directly, or indirectly, to the control, inspection, review, audit or enforcement of any officer or other employee of the City; or
l,!_ilifi,::i,i:1. lit-i. l:li ol lrlL {. llli {)J'IliiLJ.t.\tr{-ll{ ,\.tli l.lrt jr.i',.1),\;)()i,'! 1..1).ii_t.,1..j 2{t.t4 4) If it involves time demands as would render performance of their duties as an employee of the City less efficient.
d. No City-owned equipment, vehicles, tools, supplies, or any other item shall be used by any employee while the employee is engaged in any outside employment or activity, or for personal use.
3. Procedures
All employees of the City shall, within thirty (30) days of beginning arry outside employment and annually, on April 1, submit a written statement to the Personnel Officer outlining and describing in full, all outside employment engaged in by such employee.
Such statement shall include the name and address of the employees outside place of employment, the name of the employee's supervisor at such outside place of employment, a job description for such employee's position at such outside place of employment, and the number of hours spent at such employment each month. The Personnel Officer may require the employee to provide further and additional appointing information relative to such employees outside employment.
Violation of any of the provisions of this policy shall be grounds for disciplinary action, including dismissal from the City service.
F. Emplovee Political Activities
The City Prohibits:
1. Employees and officers from engaging in political activities during work hours;
2. Employees and officers from participating in political activities of any kind while in uniform;
3. Political campaigning in City buildings or on premises adjacent to City buildings; and
4. An employee or officer from using their office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate. All other political activities of City employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law.
G. Gifts or Gratuities
1. No City officer or employee shall solicit or accept any gifts or gratuities in connection with or relating to employee's job duties or services rendered.
2. Gifts, rewards, or awards may be provided by the City to City employees for workrelated recognition, making special contributions, or achieving major milestones such as years of service, promotion, departure, or retirement. The expense for such gifts or 1'l:P':;fi\\L: i- iii,l i::i O1 iHL. i'i IY Olr l illl it,'\l;{.iH .\i:j j_ .l.ii rj /\'.i) '.JJ{il i}_l).1i_ .i:_ j" i0:].l t:4
awards must follow prescribed accounting or procurement procedures. The Internal Revenue Service classifies many awards to staff as taxable income subject to W-2 reporting and tax withholding. All monetary awards, gifts, or cash equivalents, including but not limited to certificates or cards, may be subject to personal income tax.
H. Compensation
Employees should consult their Memorandum of Understanding (MOU) for guidance on salary or compensation.
xII. EMPLOYER.EMPLOYEE REI,ATIONS
A. General
1. Statement of Pumose
These Rules implement Chapter 10, division 4,Title I of the Government Code of the State of California (Sections 3500 et seq.) entitled "Local Public Employee Organizations," by providing orderly procedures for the administration of employeremployee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions, and rules which establish and regulate the civil service system, or which provide for other methods of administering employer-employee relations.
It is the purpose of these Rules to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law.
Nothing in these Rules shall be construed to restrict any legal or inherent exclusive City tights with respect to matters of general legislative or managerial policy, which include among others:
a. The exclusive right to determine the mission of its constituent departments, commissions, and boards;
b. Set standards ofservice;
c. Determine the procedures and standards of selection for employment; d. Direct its employees;
e. Take disciplinary action;
f. Relieve its employees from duty because of lack of work or for other lawful reasons; g. Maintain the efficiency of governmental operations;
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i. Subcontract work;
j. Maintain the efficiency of governmental operations;
k. Determine the methods, means and personnel by which govemment operations are to be conducted;
l. Take all necessary actions to carry out its mission in emergencies; and m. Exercise complete control and discretion over its organization and the technology of performing its work.
2. Definitions
As used in these Rules, the following terms shall have the meanings indicated:
a. "Appropriate unit" means a unit of employee classes or positions, established under the following Representation Proceedings hereof.
b. "Confidential employee" means an employee who, in the course of their duties, has access to information relating to the City's administration of employer-employee relations.
c. "Consult/Consultation in Good Faitlx" means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange ofproposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to the following Impasse Procedures hereof.
d. "Day" means calendar day unless expressly stated otherwise e. "Employee relations fficer" means the City Manager or their duly authorized representative.
f. "Exclusively Recognized Employee Organization" means an employee otganization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to the Representation Proceedings hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
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Such recognition status may only be challenged by another employee organization as set forth in the procedures for Decertification of Exclusively Recognized Employee Organization.
g. "Impasse" means that the representatives of the City and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. h. "Management employee" means an employee having responsibility for formulating, administering, or managing the implementation of City policies and programs. "Proof of employee support" means:
An authorization card recently signed and personally dated by an employee, provided that the card is not subsequently revoked in writing by the employee;
A verified authoization petition or petitions recently signed and personally dated by an employee; or
Employee dues deduction authorization,using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one (l) employee organization for the account of any one (l) employee shall not be considered as proof of employee support for any employee organization. The only authoization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee.
j. "Recently signed" shall mean within ninety (90) days prior to the filing of such proof of support.
k. "supervisory employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. l. Terms not defined herein shall have the meanings as set forth in the MMBA. a
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B. Representation Proceedings
1. Recosnition Petition -
hv F,mnlovee C)rsanization
An employee organization that seeks to be formally acknowledged as the exclusively recognized employee organization representing the employees in an appropriate unit shall file a petition with the employee relations officer containing the following information and documentation:
a. Name and address of the employee organization
b. Names and titles of its officers.
c. Names of employee organization representatives who are authorized to speak on behalf of the organizatron.
d. A statement that the employee organization has, as one of its pimary pu{poses, representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter of or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization and if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and by-laws. g. A designation of those persons, not exceeding two (2) innumber, and their addresses to whom a notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any pufpose.
h. A statement that the employee organizatron has no restriction on membership based on race, color, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.
The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish thata majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the employee relations officer or to a mutually agreed upon disinterested third party.
k. A request that the employee relations officer formally acknowledge the petitioner as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
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l. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct, and complete under penalty of perjury by the duly authorized officer(s) of the employee organization executing it.
2. Citv Response
Upon receipt of the petition, the employee relations officer shall determine whether:
a. There has been compliance with the requirements of the recognition petition; and b. The proposed representation unit is an appropriate unit in accordance with Section XII B (7) of these Rules.
If an affirmative determination is made by the employee relations officer on the foregoing two (2) matters, he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on such request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the employee relations officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such a determination in accordance with Section XII B (10) of these Rules.
3. Open Period for Challensins Petition
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all, the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent (30%) and otherwise in the same form and manner as set forth in Section XII B (1) of these Rules. If such challenging petition seeks establishment of an overlapping unit, the employee relations officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard.
Thereafter, the employee relations officer shall determine the appropriate unit or units in accordance with the standards in Section II B (7) of these Rules. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the employee relations officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section XII B (10) of these Rules.
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4. Grantine Recoenition Without an Election
If the Petition is in order, and the proof of support shows thatamajority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the employee relations officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the employee relations officer shall formally acknowledge the petitioning employee organization as the exclusive recognized employee organization for the designated unit.
5. Election Procedure
Where recognition is not granted pursuant to Section XII B (a) of these Rules, the employee relations officer shall arrange for a secret ballot election to be conducted by a party agreed to by the employee relations officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of these Rules. All employee organizatrons that have duly submitted petitions that have been determined to be in conforlnance with Section XII B (Representation Proceedings) shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City.
Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election.
An employee organization shall be formally acknowledged as the exclusively recognized employee organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two (2) choices receiving the largest number of valid votes cast, the rules governing an initial election being applicable to a runoff election.
There shall be no more than one (1) valid election under these Rules pursuant to any petition in a twelve (12) month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the State Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
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6. Procedure for Decertification of Exclusivelv Recosnized Orsanization A decertification petition alleging that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the employee relations officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a memorandum of understanding then having been in effect less than three (3) years, whichever occurs later. A decertification petition may be filed by two (2) or more employees or their representative or an employee organization and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct, and complete:
a. The name, address and telephone number of the petitioner and a designated representative authorizedto receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent exclusively recognized employee organization sought to be decertified as the representative of that unit.
c. An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit and the relevant and material facts relating thereto.
d. Proof of employee support that at least thirty percent (30%) of the employees in the established appropriate unit no longer desire to be represented by the incumbent exclusively recognized employee organization. Such proof shall be submitted for confirmation to the employee relations officer or to a mutually agteed upon disinterested third party within the time limits specified in the first paragraph of this section.
An employee organization ffi&y, in satisfaction of the decertification petition requirements hereunder, file a petition in the form of a recognition petition that evidences proof of employee support of at least thirty percent (30%) and otherwise confirms to the requirements of Section XII B (1) of these Rules.
The employee relations officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of these Rules (Representation Proceedings). If their determination is in the negative, he or she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section XII B (10) of these Rules. If the determination of the employee relations officer is in the affirmative, or if their negative determination is reversed on appeal, he shall give written notice of such decertification PJ-ItSONNL,L RliL.l.-S Ol;'l t{L [1 l y Ol'l'lRJ:ii,'\L,illl ,\,i'l l-.lr I ) L I ) r\\ I ),\1,)() t'}' I i- I) -l I - \ l: 3 ) {,i.i. ',, I
or recognition petition to the incumbent exclusively recognized employee organization and to unit employees.
The employee relations officer shall thereupon alrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question ofrepresentation. Such an election shall be conducted in conformance with Section XII B (7) of these Rules.
During the "open period" specified in these Rules, the employee relations officer may on their own motion, when he has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent exclusively recognized employee organization, give notice to that organization and all unit employees that he will arrange for an election to determine that issue. In such event, any other employee organization may, within fifteen (15) days of such notice, file a recognition petition, which the employee relations officer shall act on in accordance with these Rules.
If a different employee organization is formally acknowledged as the exclusively recognized employee organization, such organization shall be bound by all the terms and conditions of any memorandum of understanding then in effect for its remaining term.
7. Policv and Standards for of Aonrooriate Units
The policy objectives for determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations.
These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
a. History of representation in the City and similar employment; except that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
b. Consistency with the organizational patterns of the City. c. Effect of differing legally mandating impasse resolution procedures d. Number of employees and classifications and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
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e. Effect on the classification structure and impact on the stability of the employeremployee relationship of dividing a single or related classifications among two or more units.
Notwithstanding the foregoing provisions, above managerial and confidential responsibilities, as defined in Section XII A (2) of these Rules, are determining factors in establishing appropriate units hereunder, and therefore such managerial and confidential employees may only be included in units that do not include non-managerial and non-confidential employees. Managerial and confidential employees may not represent any employee organization that represents other employees.
Peace Officers have the right to be represented in separate units composed solely of such peace officers.