MEETINGAGENDA
rhe city council/s"'T'"::ift;li,{;f the city of Firebaugh Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh, CA 93622
November 18, 20241 5 230 p.m.
Mayor Elsa Lopez
Mayor Pro Temp Freddy Yaldez
Council Member Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate at this meeting, please contact the Deputy City Clerk at (559) 659-2043. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk's offrce, during normal business hours.
PLEDGE OF ALLEGIANCE
APPROVAL OF'THE AGENDA
PRESENTATION
PUBLIC COMMENT
Any person or persons wishing to address the City Council on any matter that is not on the agenda may do so at this time. Individtnls must limit their comments to three minutes. Issues raised dtting Public Commenls are informational only and the Cowtcil canttol take action dt this time. All comments shottld be directed at the Mayor and not at individual Councilmembers or staffmembers.
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption ofordinances previously introduced and discussed, execution ofagreements and other similar items.
1. APPROVAL OF MINUTES - The Citv Council reeular meetins on November 4.2024.
2. RESOLUTION NO. 24.52 . A RESOLUTION OF' THE CITY COIINCII, OF' THE CITY OF'
PUBLIC HEARING
None
NEW BUSINESS
3. RESOLUTION NO. 24-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING THE RESIDENTIAL WATER DISCONTINUATION POLICY.
Recommended Action: Council receives comments and approves Res. No. 24-53.
STAFF REPORTS - Written enclosed in agenda packet.
COUNCIL MEMBERS AGENDA ITEMS
PUBLIC COMMENT ON CLOSED SESSION ITEM ONLY
CLOSED SESSION
ANNOUIICEMENT AFTER CLOSED SESSION
ADJOT]RNMENT
Certification of postine the aeenda
I declare under penalty of pet'ury that I am employed by the City of Firebaugh and that I posted this agenda on the bulletin boards at City Hall, November I 5, 2024.at 5:00 o.m. bv Rita l.ozano Deoutv Citv Clerk.
MEETING MINUTES
The City CounciVSuccessor Agency of the City of Firebaugh Vol. No.24-1I-04
Location of Meeting
Date/Time:
CALL TO ORDER
ROLL CALL
ABSENT
Andrew Firebaugh Community Center
1655 13th Street, Firebatgh, CA 93622
November 4, 2024 I 5 :30 p.m.
Meeting was called to order by Mayor Lopez at 5:30 p.m.
Mayor Elsa Lopez
Mayor Pro-Temp Freddy Valdez
Council Member Brady Jenkins
Council Member Felipe Perez
Council Member Silvia Renteria
OTHERS: City Attomey Christina Di Filippo; City Manager, Ben Gallegos, Deputy City Clerk, Rita Lozano; Finance Director, Pio Martin; Police Chief, Sal Raygoza; Public Works Director, Michael Molina; Battalion Chief, Hector Marin; City Engineer, Mario Gouveia, Emesto Martinez, Linda Espinoza, Isidro Vasquez, Veronica Navarro & others.
PLEDGE OF ALLEGIANCE Council Member Valdez led the Pledge of Allegiance.
APPROVAL OF'THE AGENDA
Council Member Jenkins moved to approve the agenda, which was seconded by Council Member Vuldez" The motion passed by a 4-0 vote.
PRESENTATION
Assessor-Recorder CPA, Mr. Paul Dictos to present the newly implemented Fresno County Property Owners Protection Alert (FCPOPA) system. Item was tabled.
Police Department Taser 7 and Axon Body Camera provide a presentation on the new equipment.
PT]BLIC COMMENT
Ernesto Martinez asked if about possible changes to the Maldonado Park future plans, and what is the city currently doing right now. Staff replied, the park is being re-planted/seeded. Resident inquired about the location of the proposed soccer field and will there be any improvements to the softball fields. Staff answered, "No, softball fields will stay the same." Linda Espinoza asked if it is possible to spruce up or add more decorations to the Christmas wreathes that are put on the streetlights. Is it just the Christmas committee that are allowed to make decisions? Community individuals would like to donate or help with the Christmas tree also. The trunk or treat turned out very well. Firebaugh Resident asked about the soccer field that is closed right now, will there be improvements to the current field because it looks at its worst. Public Works Director responded, the department leveled the field but can't keep people off it, so they are causing more ware and tear to the field. It would require people to stay off the field until February to completely repair the field, but staff continues to keep trying.
CONSENT CALENDAR
1. APPROVAL OF MINUTES - The Citv Council reeular meetine on.October 24. 2024.
Coancil Member Jenkins moved to approve the Consent Calendar, which was seconded by Council Member Valdez. The motion passed by u 4-0 vote.
PT]BLIC }IEARING
None
a
a
City Council Minutes
November 4, 2024
NEW BUSINESS
2. RESOLUTION NO. 24-50 - A RESOLUTION OF' CTTY (-f)IIN(-TI, c)F THE CITY O['T'TRT"RAIIGH APPROVING AND AUTHORIZING EXEC ()F' AN AGRF"T"MR,NT F'(lR PROF'tr"SSIONAT, CONSULTING SERVICES WITH RETAIL STRATEGIES. LLC.
Council Member Jenkins moved to approve Resolution No. 24-50, which wss seconded by Council Member Valdez The motion passed by a 4-0 vote.
3. RESOLUTION NO. 24-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH ESTABLISHING A DECREASE FOR THE COST OF SEWER SERVICES.
Coancil Member Valdez moved to spprove Resolution No. 24-51, which was seconded by Council Member Pere& The motion passed by a 4-0 vote.
4. THE CITY COUNCIL OF TIIE CITY OF FIREBAUGH BUDGET UPDATE _ OUARTER 1 REVIEW. f nfo r matio n al lte m o n ly,
5. THE CITY COT]NCIL OF THE CITY OF FIREBAUGH CALTRANS UPDATE.
Informationul ltem only, Callrans proposed to close sections of the roads two blocks at a time over a time frame of 55 hours to complete road construction. Due to colder weather conditions project may be postponed to springtime to complete project, if necessary.
6. THE CITY COTJNCIL OF THE CITY OF'F'IREBAUGH STREET SWEEPER SCHEULDE UPDATE.
Informational Item only, Time change from 6:00 qm to 7:00 am, will post on website and inform residents.
STAFF REPORTS
Day, has about 300 kids or more attend, and were also provided hotdogs and nachos. treat and it was very successful.
class. Department was able to order a new motorcycle from Hollister which was funded through a grant The grant will fund $50,000 for overtime and $40,000 for other motorcycle expenses. Department will apply for a new grant in December.
hosting and organizing their event, city representatives are merely invited to attend and aren't participants in the planning of this event.
City Council Minutes
November 4, 2024
recall Council asked staff to flush the hydrants at a previous meeting. We stated we would once the harvest season was over. We have a fairly new crew, and they opened all of the hydrants at the same time which lowered the city's water pressure, but they were informed to open a few at a time in the future.
COI.]NCIL MEMBERS AGENDA ITEMS
None
PT]BLIC COMMENT ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
ANNOUNCEMENT AF'TER CLOSED SESSION
ADJOT]RNMENT
* Motion to adjourn @ 6:49 pm by Council Member Vsldez, second by Council Member Jenkins, motion passes by a 4-0 vote.
RESOLUTION NO.24.52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
APPROVING SEPARATION AGREEMENT BETWEEN CITY AND ANTHONY FRIAS At a regularly scheduled meeting of the City Council of the City of Firebaugh, held November 18, 2024, inthe Council Chambers at 1655 l3th Street, Firebaugh CA93622, the following resolution was adopted:
WHEREAS' Anothony Frias was a Police Officer for the City of Firebaugh; WHEREAS, Anthony Frias was terminated from his position, followed by an appeal of that decision with a full hearing in front of a third party arbite1'
WHEREAS, following the hearing with the arbiter, an agreement was reached between Anthony Frias and the City of Firebaugh through their respective legal representation for the separation of Anthony Frias from the City of Firebaugh Police Department ("Separation Agreement"); WHEREAS' the City Council desires to move forward with approval of the Separation Agreement between the City and Anthony Frias;
THEREFORE, the City Council of the City of Firebaugh hereby approves the Separation Agreement in its entirety.
The foregoing resolution was adopted by the City Council of the City of Firebaugh at a regular meeting held on November 18,2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
TIIIS SEPARATION AGREEMENT SHALL BE A CALIFORNH EVIDENCE CODE SECTION 1T52 O['T'ER OF COMPROMISE AIVD IT SHALL IIAVE NO tr'ORCE OR
EFFECT UNLESS AIYD TJNTIL DATED AND SIGNED BY ALL PARTIES SETTLEMENTAGREEMENTANDRELEASEoFCLAIMS
This Separation Agreement and General Release f'A,greement') is made and entered into by and Urt"*n Anthony F i61"tr.ployee'), and the City ofFirobaugh and its current or former officials, directors, officers, councilmembers, affiliates, &gent$, representatives, employees' sttomeys, subsidiaries, parentso divisions, branches, units, affiliated organizations, successots, prcdecessorso contractors,'assigns, insurers, and all persons acting by, through, under, or in concert with them, prri or pt trnt ico'llectivety, 'trr City'). Employee _ang the City may be referred to in this
igreemint individually as'iPartyo'or collectiveiy as "the Partieso'when the context so requires.
RECITALS
WHEREAS, Employee was formerly employed in the City's Police Departnent as a Police Offrcer;
WIIERBAS, on March 7,2022,the City served Employee with a Final Notice of Disciplinary Action and thereby terminated Employee's employment with the City effective that same day;
WIIEREAS, Employee appealed his termination according to the City's policieVproceduresn and on July 3, 2D24,Employee obtained a favorable ruling which reversed his discipline and provided the City was to pay Employee backpay for the time he was terminated between March 7,2022, and November 17,2422;
WHEREAS, the decision in favor of Employee is subject to potential reversal if the City were to succeed in obtaining a writ of mandate through a proceeding in superior court; WIIEREAS, this Agreement is intended to be a full, complete, and final settlement of each and every claim, cause of action, appeal, or liability, whether known or unknown, Employee may have or may have had against the City prior to and up through the date Employee executes this Agreement, including, but not limited to Employeens termination, his disciplinary appeal, and any other claims or potential claims by Employee arising out o{, or in any way related to Employee's employment with the City and/or separation from such employment; WHEREAS, the purpose of this Agreement is to provide Employee with consideration he would not otherwise rec€ive, an4 in return, to provide the City with the legal protection that Employee has waived his right to bring any claims or issues against the City as a result of his employment with the City or separation therefrom, or challenge his termination. Thus, the purpose of this Agreement is to settle and compromise all disputes, contoversies, and potential disputes and controversies existing between the City and Employee.
Anthony Frias Waiver & Release
llPage
NOW THERIFORE, atrd in consideration for the promises contained horein, and 9t!9r good and valuable consideration, receipt of which is acknowledged by $e -execution of this
igreement, and to avoidunnecermry fitigcion, it is agrcsd by and between the Parties as follows:
1. Recitds. The recitals set forth in this Agreement are true and conest and are hereby fully incorporated by reference into this Agreement'
Z. No Admission of Liability. This Agreement and compliance with this Agreement shall not in any way be constru€d as an admission by the CitV or Employee of the tnrth of any Al"g"tioor, or * d.i.sion of any unlawfirl acts or other liability whdsoever against each other or ri"iort any other person or entity. The City and Employee specifically disclaim any liability to' agai:"st eaoh othsr, or against any other person or ontity, on the part of themselves, any relaed pE son or any related predecessor corporation or its or their agents, representatives or successotl in interest and assigns. This Agreement cannot be used by a Party to demonsEate any admission of liability or wrongdoing by another Pa$y.
3. Settlement Amount and Payment. In consideration for Employee entering into this Agreement and fulfilling all the conditions set forth herein, the City shall pay to Employee the total sum of ninety thousand dollars ($90,000.00). The City shall cause a check to be issuod and made payable to Employee in the gross amount of ninety thousand dollars $90,000.00 less applicablo witlrholdings and employment tar(es. The City will iszue applicable W-2 Form(s) for the payment to Employee.
The City will issue the check for the sefilement payment to Employee only if and after Tony G. Carvalho of Liebert Cassidy Whitnore receives this Agreement executed by Employee.
The City will issue the check forthe settlementpaymentto Employee within 45 days after receipt ofthe executed Agreement from Employee.
The ssttlement payment r€presents ftll, find, and complete settlement ofall of Employee's claims against the City relded to his employment and the termindion of his employment and as otherwise specified in this Agreement. The settlement payment represents a settlernent of all of Employee's purported dam4ges, including afiorneys' fees and costs, allegedly incurred in connection with Employee's employment and the terminuion of his employment with the City.
Employee agrees the setlement paymont shall constitute the entirp consideration provided to him under this Agreement and he will not seek, nor is he in any way entitled to, any further compensation for any claimed damages, costs, or afiorneys' fees in connection with the matten encompassed in this Agreement or in any way related to his employment with the City or the termination of his employment with the City.
Employee acknowledges and agrees ftat the City has made no representations about the tax consequences of any amounts received by him under this Ageement. Employee agrecs to pay federal, stat€, or local taxes, if any, required by law to b€ paid with respect to this settlement exclusive ofthe employer's share ofpayroll taxes- Employee frrrther egrees to indemni$ and hold the City harmless frrom any claims, demands, deficiencies, levies, ass€ssments, executions, judgments, or rccoveries by any govemmental entity against the City for any amounts claimed due ftom Employee related to the monies paid on account ofthis Agreement and for any costs, inter€st, An&ony Frias Waiver& Release
2lP a ge
expenses, fines, penalties, attomeys' fe€s, or damages incuned or sustained by the City by Feason of Employee's failure to pay such taxes.
4. Employeenr Rclcsso of All Claims and Potential Claims. Employee rcpresents that he has not filei ariy lawsuits, complaints, slaims, applications, or charges against City with 8ny state or federal cou6 or local, rt"tr ot federal ag"n"yjor administrative or quasi-administrative hibunal or person, based on any events occurring prior to the date of execution of this Agreement.
Employee agrees that, in exchange for the consideration provided herein, he shall not in the futu; htr, prttiripate in, instigati, or encourage the filing of any lawsuits, complaints, charges, or any ottrei proceedings in arry stats or federal court or before any loc-af, state or federal agency' administrative tribunal, quasi-administative tribunal or person, related in any way to alleged claim(s) that the City has violated any local, stato or federal laws, statutes, ordinancesn or regulaiions, or claim(s) the City has engaged in any tortious, other State, or other Federal violations based on alleged misconductof any kind, or based on his discipline, his employment with the City, or his separation from City service. Employee further agreT that immediately upon execuiing this Agreemenl he will withdraw in writing and cause to be dismissed with piejudicc in its/their entirety any and all lawsuits, complaints, chargesn or claims against City regardless of whether they are specifically refened to herein.
In addition to the various general releases of liability and agreements to dismiss and/or forgo any lawsuitso complaints, charges, or claims against the City, Employee understands and agrees that he is waiving any rights he has, may have had, or may have, to purcue any and all remedies available to him under any employment-rplatsd cause of action against the City relative to his employment with the City and the termination of his employment with the City, including, but not limited to, any claims for discrimination, harassment, and/or rttaliation, claims under the Ralph M. Brown Act (Gov. Code, $$ 54950, et seq.), the Fair Employment and Housing Act (Gov. Code, $$ 12900, et seq.), the Califomia Family Rights Act (Cov. Code, $ 12945.2), the Unruh and Ceorge Civil Rights Acts (Civ. Code, $$ 51, et seq.) the Califomia Labor Code and any wage orders or similar directives or authorities issued by any federal or state authority having enforcement powers, the United Sates Constitution, the California Constitution, Title VII of the Civil Rights Aot of 1964 (42 U.S.C. $$ 2000e et seq.), the POBRA (Oov. Code $$ 3300 et seq.), the Age Discrimination in Employment Act (29 U.S.C. $ 621, et seq.), the Equal Pay Act (29 U.S.C. $ 206(d)), the Fair Labor Standards Aat(29 U.S.C. $ 201, et seq.), the Family and Medical Leave Act(29 U.S.C. $ 2601, et seq.), Sections 1981-88 of Title 42 of the United States Code (48 U.S.C. $ 1981, et seq.), the Americans with Disabilities Act(42 U.S.C. $ l2l0l, et seq.), claims of retaliation or whistle-blowing (including but not limited to Califomia Labor Code $ I102.5 et seq. and Government Code $ 12653), claims for breach of any type of contract, including written, oral, or implied, breach of any covenanl promise or representation pertaining to the proposed disciplinary action, whether expressed or implied, and all other claims arising in contract, tort, or equrty or under any other statute, federal, state, or local statute related to the proposed disciplinary action arising prior to the date of execution of this Agreement, all of which are waived. It is specifically acknowledged by the Parties to this Agreement that the provisions ofrhis Agreement arc confined to tlre Parties only and are intended to definitely rcsolve all disputes between the City and Employee and bdween Employee and any and all present or Anthony Frias Waiver & Release
3lPage
former City employees and has no evidentiary impact on adminishative/civil proceedings that may be brought bythe City against present or former City employees.
This Agreement does not limit Employee's ability to bring an administrative charge with an administrative agensy, but Employee expressly waives and releases any righ! to recover any type of personat reiief iiom the'City, inctuding monetary 9*tgtt or reinstatement, in any administrative action or proceeding, whether siate or federal, and whether brought by Employee or on his behalf by an administrative agmcy, related in any way to the- matters.released herein.
Furthermore, nothing in this Agreement prohibits Employee from reporting possible violations of law or reguiations to any government agency or eniity, including but not limited to the Equal Employm'ent Oppornrnity Commission, tle California Civil Rights Depafftient" the Department of Labor and/oi in" nrp-aruttent of Justice, or making other disclosures that are protected under whistleblower provisions of law. Employee does not need prior authorization of the City to make any such *potir or disclosures and iinoi rcquired to notiff the City that he has made such reports or disclosures.
Employee hereby releases and absolutely discharges the Cityfrom any and all actions, causes of action, suits, claims, demands, damages, debts, liabilities, obligations, costs, or expenses of any naturs whatioever, in law or in equity, known or unknown, suspected or unsuspected, fixed or contingent" which Employee had or now has in any way against the City. The release in this provislon includes any .lair or action based upon any common law tort action, wrongfirl discharge, breach of contract and/or employment discrimination on the basis of race, color, sex, sexual orientation, religion" national origin, disability, or any other basis under Title VII of the Civil fughts Act, Americans with Disabilities Acq the Fair Labor Sandards Act, and Family and Medicalleave Act, all as amended, and their state and local counterparts, including but not limited to the Fair Employment and Housing Act, and any claim or action under any other federal, state, or local law, rule or regulation, including the City's personnel policies and procedures. Employee represents and warrants that Employee has not assigned any such claims or authorized any other person or entity to assert such claims on his behalf. This Agreement is binding upon Employee and any and all ofhis assigns, agents, attorneys, and successors in intcrest.
5. Waiver of Civil Code Scction 1542. Employee hereby expressly waives, to the fullest extent permitted by law, the provisions and benefits of California Civil Code Section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
's Initials
Employee acknowledges that he is aware that he may hereafter discover facts in addition to or different from those which he knows or believes to be true with respect to his employment with the City and this Agreemenf but that it is his intention to fully, finally, and forever settle and Anthony Frias Waiver & Release
4lPage
rgtease any and all disputes and differences arising from or related to his employment with the City and t*titrr*t thireftom, known or unknown, suspeotedor unsuspected, which now exist, ma! exist, or heretoforc have existed between the Parties. Employ,ee acknowledges that the releases in this Agreement given shall be in effec! and remain in effect, as firll and complete general releases arising from his emptoyment, notwithstanding the discovery or existence of any such additional facc.
6, Clty'r Confldontinl Informalion. Employee agre€s thatduring the course of employment with the City, E ployee had access to confidential and proprietary information_ ('confidential information'1'pertaining to the City, the Police Departnrenf and their operation. Employee understands thit confidential informition is considered to be secret and proprietary to the City and is a valuable asset of the City. Employee agreos not to make use whatsoever, directly or indirectly, of the City's confidential informition for Employee's personal benefit or for the benefit of any other persln, firm, corporation, or €ntlty. Empioyee confirms he did not rcmove suoh information from the City in *y fot* or medium and wiil not rcveal, disclose, identify, orotherwise provide confidential information to any other person, firnl, corporatioq or entity, including the general public, directly or indirectly.
7. No Reinstatement. Employee hereby expressly waives any and all claims now and forever that he has or may have for reinstatement to his position with the City. Employee further 8grces that he will not sebk or maintain employment, independont conftctor status, or any other business relationship with the City in any position or capacity whatsoever and that the City is entitled to rejecq witir or without cause, any application for employment or sgreement for independent contractor status or any other business relationship with the City made by Employee. Employee further agfiees that any rejection of any such application or offer made is not for a discriminatory or any other illegal purpose. Employec further agrees that this Agreement constitutes a legitimate, non-discriminatory, non-retaliatory business rcason for any and all refusals by the City to employ him at the City in any capsclty.
8. Consultetlon with Counsel. The Parties affirm tha! prior to execution of this Agreemenf they have consulted with their respective legal counseUrepresentatives conceming the terms and conditions set forth herein, and that they understand the advice provided to them.
9. No Durcss or Undue Inlluence. The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreonent and that they are voluntarily, without any durcss or undue influence on the part of or on behalf of any Party, entering into this Agreement.
t0, No Precedenl This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the City under local, state or federal law, rule, policy or agreement or to establish a precedent in this or any other matter, now or in the futur€.
It. Entire Fully-Integmted Agneement snd Admlssibility. This Agreement constitutes the fully-integrated and complete understanding between Employee and the City, and supersedes any and all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No agreements, promises, representations, or Anthony Frias Waiver & Release
SlPage
inducements made subsequent to this Ageement will be binding. unless lerc.ordei in a written document, which .pt"inLny referenc;s this Agreement and is signed by the authorized ..pr*."titfves of the Parties. The Parties acknowledge that.this Agreemgnt f.al be used as ,uidrn., in any subsequent proceeding in which either party alleges- a-breach of this Agreement or seeks to enforce its terms, provisioni, or obligations' or as compelled by law'
12. Severability, Should any of the provisions or terms of this Agrcement be.determined illegal, invalid, or unenforceable by any cburt or goventmental agency of-competentjurisdiction' "uii?ity
of the remaining parts, terms, or provisi&s will not Ue *fect* thereby, and any illegal, invalid, or unonforceabliiart, term, or provision will be deemed to not be a part ofthis Agreement'
13. Governing Law. This Agreement is entered into and will be construed in accordance with the law of the State oicaliforniai. Any action or motion to enforce the terms or conditions of this Agreement must be brought only in the County of Fresno Superior Court'
14. Afforneys' Fees. Each Party will bear its own costsn expenses' and attorneys'/repreientatives' fees incuned in connection with the proceedings and eJents resulting in and pt
".ding
this Agreemen! or in connection with any other claims made or investigated by "itft.r
prrty
"gri*nrt
the ither in any forum (civil, criminal, administrative or quasi-administrative), and each Fut{y to this Agreement e*pressly waives any claim for recovery of any such costs, expenses, or attorneys'/representatives' fees from the other Party. lS. Countorparte. This Agreement may be executed in counterparts, and when each Party has signed and delivired at least Jne such counterpar! each counterpart shall be deemed an original, u,id, ,"h.n taken together with other signed counierparts, shall constitute one Agtement, which shall be binding upon and effective as to all Parties.
PLEASE READ THIS DOCUMENT CAREFULLY. THIS SETTLEMENT AGREEMENT AND
GENERAL RELEASE INCLUDES A RELEASE BY EMPLOYEE OF ALL KNOWN AND UNKNOWN CLAIMS.
{-
s
Dated: l0 -
t{ ' 2.0 2{ Signed
Salvador Raygoza
Police Chief
City of Firebaugh
Anthony Frias Waiver & Release
6lPage
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
Mayor Elsa Lopez and Council Members
Pio Martin, Finance Director
November 18,2024
Resolution No. 24-53
RECOMMENDATION:
Staff recommends approval of Resolution No. 24-53.
BACKGROUND AND STATUS:
On March 16, 2020, City Council approved Resolution No. 20-ll - Residential Water Discontinuation Policy,5-0 vote. Resolution No. 24-53 will amend Res.20-11. Senate Bill 3 (2023) amended the Water Shutoff Protection Act to expand its applicability to smaller community water systems, including those with fewer than200 service connections, effective August 1,2024.
Also mandates that community water systems must offer alternative payment plans to all customers, regardless of their medical or financial circumstances, and provide such plans in a manner compliant with the updated law.
REFERENCE MATERIALS ATTACHED :
Resolution No. 24-53
Residential Water Discontinuation Policy (Exhibt 1)
Resident's One-Time Defened Payment
Resident's Bill Review and Appeal Form
Resident's Right to Request an Alternative Payment Plan Resident's Right to Become a customer
FISCAL IMPACT:
Uncertain of budget impact, depends on the number of residents that opt-in to programs mention in the resolution.
RESOLUTION NO. 24-53
A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING
THE RESIDENTIAL WATER DISCONTINUATION POLICY
WHEREAS, on January 7, 2019, the State of California's Water Shutoff Protection Act ("Act") became effective;
WHEREAS, the Act requires all community water systems to adopt a policy regarding the discontinuation of residential water service for nonpayment; WHEREAS, the City of Firebaugh, in compliance with the Act, wishes to adopt the residential water shutoff policy for nonpayment attached hereto as Exhibit l; WHEREAS, Senate Bill 3 (2023) amended the Water Shutoff Protection Act to expand its applicability to smaller community water systems, including those with fewer than 200 service connections effective August l, 2024;
WHEREAS, Senate Bill 3 (2023) also mandates that community water systems must offer alternative payment plans to all customers, regardless of their medical or financial circumstances, and provide such plans in a manner compliant with the updated law;
NOW THEREFORE' IT IS HEREBY RESOLVED by the City Council of the City of Firebaugh that:
l. The City of Firebaugh's Water Discontinuation Policy shall apply to all community water systems, including those with fewer than 200 service connections.
2. The policy shall offer alternative payment plan options, defered payment schedules, and other payment affangements to all customers, regardless of their financial or medical status.
3. The policy shall be made available in English and any language spoken by at least 10% of the residents in the service area, as well as in any of the languages listed in Civil Code Section 1632 upon customer request.
4. The City shall ensure that tenants of individually metered residences receive written notice of their right to become direct customers of the City without being held responsible for the delinquent amounts owed by the account holder.
5. The City shall report annually to the State Water Resources Control Board on the number of water shutoffs due to nonpayment and post this information on the City's website.
6. The City of Firebaugh's Water Discontinuation Policy is hereby approved and is eflective immediately.
Passed and adopted at a Regular Meeting of the City Council of the City of Firebaugh held on November 1 8, 2024,by the following votes:
AYES:
NOES:
ABSTAINING:
ABSENT:
APPROVED ATTEST:
Elsa Lopez, Mayor Rita Lozano, City Clerk
Resolution 24-53
EXHIBIT 1
City of Firebaueh's Residential Water Discontinuation Policy (Chanees) I. Purpose
The purpose of this document is to outline the Residential Water Service Discontinuation Policy ("Policy") for the City of Firebaugh ("City"). The Policy sets for"th the principles and objectives that should guide the City's decisions regarding the discontinuation of residential water service. The primary objectives of this Policy are to: establish timelines for discontinuation of water service, identiff notice requirements, establish payment arangement options for those seeking to avoid discontinuation, establish a formalized mechanism for customers to appeal or review bills, establish reconnection fee exceptions, and identify notice requirements pertaining to residential tenants/occupants.
This Policy has been developed in accordance with California Health and Safety Code Sections 116900- 116926, as amended by SB 3 (2023), as well as the guidance set forth in the City's Municipal Code sections 15-1.1 through 15-1.11. It applies to all community water systems in Firebaugh, including those with fewer than 200 service connections.
This Policy applies only to the discontinuation of residential water service for nonpayment and does not cover other types of terminations, such as unauthorized actions by customers or service terminations due to health and safety concerns.
II. Standard Discontinuation Timeline
An account shall be deemed delinquent if payment for service has not been received by the due date indicated on the utility bill, or by the last business day of the month of service. A customer will receive a written notice of their delinquent payment on the last business day of that month. Customers will be subject to discontinuation after their payment has been delinquent for sixty (60) days. Customers will be notified via written notice of their impending discontinuation of at least seven (7) business days before discontinuation for lack of payment.
If a customer is eligible, they must be offered a deferred payment or altemative payment plan before discontinuation of service.
Notices will be mailed to the residence to which residential seruice is provided. If the account holder does not live at the residence where service is provided, a notice will also be mailed to the billing address of the account holder. In that situation, the notice mailed to the residence where service is being provided will be addressed to "Occupant."
If a written notice is returned as undeliverable, the City must make a good faith effort to contact the customer or an adult occupant of the residence by telephone. If contact cannot be made, the City must visit the residence and leave or make arrangements for the placement of a notice of imminent discontinuation in a conspicuous place at the property.
In addition, the City will make a reasonable, good-faith effort to inform tenants/occupants, by means of a written notice, when the water service is in arrears and subject to disconnection at least ten (10) days before water service is shut off The written notice will advise the tenanVoccupant that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address. This notice must also be mailed to the properly address and addressed to "Occupant," regardless of whether the account holder lives at the property.
Resolution 24-53
IIL Written Notice Requirements
The written notice of delinquency must include the following:
r Customer name and address
o Amount of delinquency
o Date by which payment or arrangement for payment is required to avoid discontinuation of residential service
o Process to apply for an extension of tirne to pay the delinquent charges o Process by which the customer may request a defened payment or payment arrangement o Procedure to petition for bill review and appeal
o Description of the customer's right to request an alternative payment plan If a customer's service is discontinued for non-payment, the City will provide information to the customer on how to restore service to their property.
IV. Deferred Payments and Alternative Payment Arangements Circumstances may arise when customers are unable to make a scheduled residential water service payment.
In such circumstances, they may request to defer payment or set up a payment arrangement. The City of Firebaugh must ofler deferred payment plans or alternative payment arrangements to all customers who are unable to pay their water bills, regardless of financial or medical status. The City may offer either of the following:
Deferred payment - customers may be granted a one-time deferral of the entire statement balance; Payment anangement - customers may be granted the opportunity to pay the statement balance over an extended period. This will be done over weekly, bi-weekly, or monthly installments.
These options will be available to customers once per twelve (12)-month period. Customers shall fill out and sign any affangement in a form prescribed by the City. It should be noted that, while a customer is paying a particular billing-cycle balance on either deferred payment or payment arrangement, they must stay current on both the arrangement and the current services.
V. Appeals and Continuation of Service
Any customer wishing to appeal their bill or notice of discontinuation for residential water service shall direct such appeals, in writing, to the City Clerk at 1133 "P" Street, Firebaugh, CA93622. Appeals of bills must be received no later than the billing due date of the bill being appealed. Appeals of discontinuation of residential water service must be received no later than five (5) business days prior to the water shutoff date. The scope of the appeal shall be limited to a particular bill that is due, or the discontinuation of service notice.
City staffwill review the written appeal and contact the customer to discuss all circumstances surrounding the appeal. Once all facts and circumstances have been discussed and reviewed, the decision of the City will be made and thereafter communicated to the customer. Discontinuation of residential water service will not occur while an appeal is pending. Howeveq adjustments to the billing can either decrease or increase the amount, and all amounts due from the billing cycle will be due immediately upon the completion of the appeal process, or subject to such terms of an alternate payment affangement should the parties agree as such. The appeal does not toll the number of days a residential water customer is delinquent on their bill.
Resolution 24-53
VI. Reconnection Service Fees
If water services have been disconnected for failure to pay a utility bill as set forth in this Policy, the entire amount of the water bill and all fines and penalties provided by Municipal Code section 15-1.16(b) and hereunder, shall be paid in full before water service is restored:
1. To turn on water during operational hours, fifty dollars ($50.00);
2. Afee of twenty-five dollars ($25.00) shall be charged on all returned checks in payment of utility charges; and
3. In addition to any other fees or charges provided in this section, any customer requesting a turn-on of water on any Saturday, Sunday, legal holiday, or before the hour of 8:00 a.m. or after the hour of 1:00 p.m. of any day shall pay an additionalcharge of one hundred fifty dollars ($150.00) for such turn-on.
4. Customers who meet certain financial requirements (below 200Yo of the federal poverty level) may be entitled to a waiver of reconnection fees and a waiver of interest charges on delinquent bills once every 12 months. https://aspe.hhs.gov/topics/poverly-economic-rnobility/poverty-guidelines VII. Annual Reporting
The City of Firebaugh shall report annually to the State Water Resources Control Board on the number of residential water shutoffs due to nonpayment. This information shall be made publicly available on the City's website or provided upon request.
Resolution 24-53
Resident's One-time Deferred Payment
As a Residents of the City of Firebaugh, you have the right to request one-time deferred payment if you are unable to pay your full water and sewer bill by the due date.
Residents Name
Location Address:
Mailing Address:
Account Numbe
Effective Date
Reasons for Requesting an Alternative Payment Plan:
n tf you are experiencing financial difficulties that are preventing you from making the full balance payment, you may be eligible for a payment plan. n Unexpected events such as medical bills, job loss, or natural disasters can make it difficult to meet your financial obligations.
n There may be other circumstances that warrant a request for an alternative payment plan, such as a recent move or a change in income.
Late Fees and lnterest: Be aware that there may be late fees or interest charges associated with delayed payment.
Service Disconnection: lf you fail to make payments according to the agreed-upon plan, your service may be subject to disconnection.
Negotiation: The City of Firebaugh may be willing to negotiate the terms of the payment plan to accommodate your specific needs.
By understanding your rights and following the appropriate steps, you can increase your chances of successfully obtaining an alternative payment plan that works for you.
Resident Signature Date
City of Firebaugh Signature Date
Resident's Bill Review and Appeal Form
Residents Na
Location Address
Mailing Address:
Account N
Clearly state the reason(s) why you believe the bill is incorrect or unfair. Please be specific and provide a ny supporting documentation.
n - lncorrect Charges
n - overcharge
n - Other -(Please Specify)
By understanding your rights and following the appropriate steps, you can increase your chances of successfully obtaining an alternative payment plan that works for you.
Resident Signature Date
City of Firebaugh Signature Date
Resident's Right to Request an Alternative Payment Plan As a resident of the City of Firebaugh, you have the right to request an alternative payment plan if you are unable to pay your full water and sewer bill by the due date. This right is typically outlined in the terms and conditions of your service agreement.
Reasons for Requesting an Alternative Payment Plan:
o Financial Hardship: lf you are experiencing financial difficulties that are preventing you from making the full balance payment, you may be eligible for a payment plan. r Unexpected Expenses: Unexpected events such as medical bills, job loss, or natural disasters can make it difficult to meet your financial obligations. r Other Circumstances: There may be other circumstances that warrant a request for an alternative payment plan, such as a recent move or a change in income.
How to Request an Alternative Payment Plan:
t. Contact the City of Firebaugh: Reach out to the Utility Service department 559-659-2043, email Marlim Contreras mcontreras(ofirebaugh.org , or in person.
2. Explain Your Situation: Clearly state the reasons for your request and provide any supporting documentation, if applicable.
3. Propose a Payment Plan: Suggest a payment plan that you believe is feasible for you, such as dividing the outstanding balance into smaller, more manageable payments.
I mportant Considerations:
o Late Fees and lnterest: Be aware that there may be late fees or interest charges associated with a delayed payment.
. Service Disconnection: lf you fail to make payments according to the agreed-upon plan, your service may be subject to disconnection.
. Negotiation: The City of Firebaugh may be willing to negotiate the terms of the payment plan to accommodate your specific needs.
By understanding your rights and following the appropriate steps, you can increase your chances of successfully obtaining an alternative payment plan that works for you. lDatel
Dear [Tenant's Name],
IMailing Address]
[City, State, Zip]
Please be advised that as a tenant/occupant residing at [Property Address], you'have the right to become a customer of the City of Firebaugh for water, sewer, and garbage services. This means you may request to have these services transferred to your name, separate from your landlord's account.
To initiate the transfer process, please contact the City of Firebaugh Utilities Department at 559-659-2043 or email Marlim Contreras at [email protected] . You will need to provide the following information:
o Your name and contact information
o The property address
o The current landlord's name and contact information
. A copy of your lease agreement or rental agreement
e A Deposit of 580.00
The City of Firebaugh will review your request and provide you with any necessary forms or instructions to complete the transfer process.
Please note that there may be fees or deposits associated with establishing a new account. For more i nformatio n, please co ntact M a rl im Contreras.
Thank you for your attention to this matter
Sincerely,
Pio Martin,
Finance Director
City of Firebaugh
a
City of Firebaugh Fire Department
StsII Report
1920
To:
From:
CC:
Date:
Mayor and City Council Members
Hector Marin, Fire Battalion Chief
Ben Gallegos, City Manager
November 18,2024 - CouncilMeeting
Our Fire Department personnel have risen in recent months. We have recruited three members of our community to join our department. Even though we are a tiny group, these three people have expressed a desire to contribute to their community. I would like to welcome Marc Alonzo, David Aguilar and Ruben Rangel to our department. With these additions, our membership has increased to 20 Volunteer Fire Fighters and 7 Cadets.