Kingsburg City Council
March 16, 2022

AGENDA

KINGSBURG CITY COUNCIL

REGULAR MEETING
Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburg-ca.gov
THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.

Wednesday, March 16, 2022 at 6pm
Invocation to be given by Pastor John Palms, Kingsburg Task Force followed by the Pledge of Allegiance led by Mayor Laura North
6 P.M. REGULAR SESSION MEETING:

1. Call to Order and Roll Call

2. Approve Agenda: Action by the Council to approve the agenda or to make modifications. Items that can be added to the agenda is constrained by State law.

3. Presentations: None.

4. Public Comments: This is the time for any citizen to come forward and address the City Council on any issue within its jurisdiction that is not listed on the Agenda. A maximum of five (5) minutes is allowed for each speaker.

5. Consent Calendar: Items considered routine in nature are to be placed on the Consent Calendar.

They will be considered as one item and voted upon in one vote unless individual consideration is requested. Each vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Approval of the Consent Calendar items include recitals reading ordinance(s) by titles(s) only and adoption of recommended action(s) contained in Staff Reports.

5.1 Approval of City Council Minutes: Approve the minutes from the March 2, 2022 Regular City Council Meetings as prepared by City Clerk Abigail Palsgaard.

Sponsor: City Clerk’s Office
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
Phone (559)897-5821 Fax (559)897-5568
Mayor Laura North
Mayor Pro Tem Vince Palomar
Council Member Michelle Roman
Council Member Jewel Hurtado
Council Member Brandon Pursell, Jr.

City Manager Alexander J. Henderson
Kingsburg City Council Agenda
March 16, 2022

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period February 22, 2022 through March 7, 2022 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

5.3 Adopt Resolution 2022-019 rescinding the 39 housing unit allocations and Final Map Approval granted to TM 5073 by prior action- Community Development Director Holly Owen
Sponsor: Community Development Department

5.4 Approve the Contract between AP Triton and City of Kingsburg for the Revision of City -Wide Emergency Operations and Continuity of Operations Plan- Staff Report by Fire Chief Daniel Perkins.

Sponsor: Fire Department

5.5 Approve Easement Deed for Electrical Service to 1463 Draper Street. - Staff Report by City Engineer Dave Peters
Sponsor: City Engineer’s Office

5.6 Adopt Resolution No. 2022-020 approving the final map for Tract 6141 accepting on behalf of the public the streets and easements as offered on the map in accordance with the terms of the dedications and Authorize the City Manager to execute the Subdivision Agreement on behalf of the City, subject to review as to form by the City Attorney. – Staff Report by City Engineer Dave Peters Sponsor: City Engineer’s Office

5.7 Approve the elimination of the existing FF Reserve program and establish the Parttime firefighter EMT/Firefighter Paramedic Program.- Staff Report by Fire Chief Daniel Perkins.

Sponsor: Fire Department

6. Regular Calendar
6:05 P.M. Public Hearing

6.1 Public Hearing: 2020 Census Kingsburg City Council Redistricting- Presentation by Jeff Tilton, National Demographics Company
Sponsor: City Clerk’s Office
a. Open Public Hearing
b. Presentation by Jeff Tilton, National Demographics Company c. City Council Discussion
d. Open for Public Comment
e. Close Public Comment
f. Continued City Council Discussion
g. Close Public Hearing
h. Possible Action- Adopt Resolution 2022-021
Kingsburg City Council Agenda
March 16, 2022

6.2 Kingsburg Tri-County Hospital District Grant Policy & Grant Application Discussion- Staff Report by Community Services Director Adam Castaneda.

Sponsor: Community Services
Possible Action(s):
a. Presentation by Director of Administrative Services Christina Windover and Fire Chief Daniel Perkins
b. Council Discussion
c. Action as Deemed Necessary

6.3 Crime Statistics Report for the Month of February 2022 and General Police Department Update- Crime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.

Sponsor: Police Department
Possible Action(s):
a. Presentation by Police Chief Neil Dadian
b. Council Discussion
c. Informational- No Action Necessary

6.4 City Engineer Project Progress Report- Report by City Engineer Dave Peters Sponsor: City Engineer’s Office
Possible Action(s):
a. Presentation by City Engineer Dave Peters
b. Council Discussion
c. Informational- No Action Necessary

6.5 Solid Waste Rate Study and Prop. 218 Update
Sponsor: Public Works
Possible Action(s):
a. Presentation by Lechowicz + Tseng Municipal Consultants b. Council Discussion
c. Action As Deemed Necessary

7. Council Reports and Staff Communications

7.1 Community Services Commission

7.2 Public Safety Committee

7.3 Chamber of Commerce

7.4 Economic Development

7.5 Finance Committee

7.6 Planning Commission

7.7 South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)

7.8 Downtown Business Improvement District

7.9 Council of Governments

7.10 Council Member Reports

7.11 City Manager’s Report

8. Future Agenda Items:

None

9. The Kingsburg City Council adjourns out of the Regular Calendar into Closed Session:

Kingsburg City Council Agenda
March 16, 2022

9.1 CONFERENCE WITH LABOR NEGOTIATORS
California Government Code Section 54957.6
City Designated Representative: Alexander Henderson
Employee Organization: Public Service Employees Association (KPSEA) Employee Organization: Kingsburg Police Officer Association (KPOA) Employee Organization: Kingsburg Professional Fire Association (KPFA) Employee Organization: Non-represented Employees

10. Adjourn out of Close Session into Regular Kingsburg City Council Meeting and report out of Closed Session.

11. Adjourn Regular Kingsburg City Council Meeting.

Any writings 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 City Clerk’s office, during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.cityofkingsburg-ca.gov.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (559) 897-6520. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II].

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 11th day of March 2022.
____________________________________
Abigail Palsgaard, City Clerk

KINGSBURG CITY COUNCIL

REGULAR MEETING MINUTES
WEDNESDAY, MARCH 2, 2022 – 6:00 P. M.

THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.

Invocation was given by Pastor Ricky Chambers of the Kingsburg Community Church, followed by the Pledge of Allegiance led by Mayor Laura North
6 P.M. REGULAR SESSION MEETING
Call to Order and Roll Call: Mayor Laura North called the regular meeting of the Kingsburg City Council to order at 6:05 P. M.

Council Members Present: Jewel Hurtado, Vince Palomar, Brandon Pursell, Jr., Michelle Roman, and Mayor Laura North.

Approve Agenda: A motion was made by Council Member Hurtado, seconded by Council Member Palomar, to approve the Agenda as published. The motion carried by unanimous voice vote.

PRESENTATIONS
Swearing In of Fire Department Employee – Kingsburg Firefighter/EMT Sean Kopas was sworn sworn-in, pinned, and welcomed by the City Council.

Pinning and Swearing-In of Police Department Employees – Police Officers Gabriel Castellanos and Jordan Gong were sworn-in, pinned, and welcomed by the City Council.

Public Comments: Kelly Culver, Tulare County Board of Supervisors candidate, spoke briefly, stating that she is for people’s freedom.

Consent Calendar: A motion was made by Council Member Pursell, Jr., seconded by Council Member Hurtado, to approve the items appearing on the Consent Calendar. The motion carried by unanimous voice vote.

5.1 Approval of City Council Minutes: Approve the minutes from the February 2, 2022, and February 16, 2022, Regular City Council Meetings as prepared by City Clerk Abigail Palsgaard.

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period February 8, 2022, through February 21, 2022, as prepared by Accounts Payable Clerk Marsha Alves.

5.3 Adopt the Dress and Appearance Policy- Staff Report by Administrative Services Director Christina Windover

5.4 Approve Requested Closure of Smith Street for Bella Boots Event 3/19/2022 and 4/15/2022 - Staff Report by Community Services Director Adam Castaneda.

Kingsburg City Council Minutes
March 2, 2022

REGULAR CALENDAR
Kingsburg Tri-County Hospital District Grant Policy & Grant Application Discussion- Staff Report by Community Services Director Adam Castaneda.

Presentation by Community Services Director Adam Castaneda- Mr. Castaneda spoke about the new grant cycle, stating that the Board will focus on mental and physical health care, nutrition, exercise, and diabetes. May 1st is the deadline to apply.

Council gave direction that their priorities are the next phases of Athwal Park; grants regarding our parks and the regional sports complex; Senior Center kitchen and other things for seniors.

COVID-19 Supplemental Paid Sick Leave Extension- Administrative Services Director Christina Windover
Sponsor: Administrative Services Department
Presentation by Administrative Services Director Christina Windover. Mrs. Windover stated that on February 9, 2022, Governor Newsom reinstated 80 hours of Covid leave. There are some different regulations retro to January 1, 2022, that will be in effect until September 30, 2022. Council Member Pursell, Jr. thanked Mrs. Windover, stating that this is a lot, and it keeps on changing. He stated that Council recognizes staff’s hard work. Council Member Palomar asked if they don’t have proof, what happens? Mrs. Windover said that they will get the 40 hours, but not the additional 40 hours.

Council Reports and Staff Communications
Community Services Commission – Mayor North reported that they are not meeting this month.

Public Safety Committee – Council Member Palomar reported that they are meeting on Monday.

Chamber of Commerce – Council Member Pursell, Jr. stated that he has nothing to report.

Economic Development Committee – Council Member Roman reported that they have not met.

Finance Committee – Council Member Pursell, Jr. stated that he has nothing to report.

Planning Commission – Mayor North stated that she has nothing to report.

South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA) Council Member Hurtado stated that she has nothing to report.

Downtown Business Improvement District – Council Member Hurtado reported that the Board voted to eliminate the vehicle traffic on alleys that open onto Draper Street. They discussed a website, photographers, and the Car Show.

Council of Governments – Council Member Roman stated that she has nothing to report.

Council Member Reports – Council Member Pursell, Jr. talked about opening ceremonies for youth baseball. Council Member Roman stated that Veronica Casareso is the new SFK interim Director.

Kingsburg City Council Minutes
March 2, 2022
City Manager’s Report – City Manager Alexander Henderson spoke about State Senator Caballero’s, Senate District 12, update on the 2022 Budget Request. He gave some Grant updates stating that he has received paperwork for Prop 68 and will be submitting information. He stated that we were unsuccessful for the Clean California Grant from Caltrans. 330 projects were submitted, and they awarded 105 to all underserved communities. He spoke about an ARPA funding 3/9/2022 workshop. He stated that TMobile has live social media accounts that people can follow. We will be painting the Senior Center and banner poles downtown. We hope to have them done before the Car Show.

Mayor North asked about Linnaea Village. Mr. Henderson said that they are having PG&E delays and AT&T issues.

Future Agenda Items: None.

Adjourn Regular Kingsburg City Council Meeting. At 6:53 P. M. Mayor North adjourned the meeting.
____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:

Printed:
marshaa
3/9/2022 4:22 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 3231 ICMA RETIREMENT CORPORATION - WIRE 02/25/2022 1,283.65 ACH 3470 Internal Revenue Service - ACH 02/25/2022 59,717.93 ACH 3471 Employment Development Department - ACH02/25/2022 10,492.54 ACH 3472 CalPERS - ACH 02/25/2022 46,625.33
ACH 3475 Empower 02/25/2022 3,632.46
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 02/25/2022 240.46 ACH 3526 Public Employees Retirement System 457 Plan-Deferred Comp - ACH 02/25/2022 333.96 Total for 2/25/2022: 122,326.33
81018 4132 AVILA BEACH CIVIC ASSOCIATION 03/03/2022 910.00 Total for 3/3/2022: 910.00
81019 3005 AFLAC 03/07/2022 863.54
81020 3006 AIRGAS NCN 03/07/2022 1,081.18
81021 3565 AMAZON CAPITAL SERVICES 03/07/2022 2,387.06
81022 3891 AMERICAN BUSINESS MACHINES 03/07/2022 15.00
81023 3858 ASSOCIATED COMPRESSOR EQUIP. 03/07/2022 930.72 81024 4307 AT & T MOBILITY 03/07/2022 1,021.32
81025 3029 AT&T CALNET 3 03/07/2022 702.92
81026 3030 AT&T MOBILITY 03/07/2022 925.52
81027 3035 BAUER COMPRESSORS, INC. 03/07/2022 1,227.73
81028 3050 DAN BRADY 03/07/2022 200.00
81029 3054 BSK ASSOCIATES 03/07/2022 1,376.00
81030 3440 CALIFORNIA COMPUFORMS, INC. 03/07/2022 461.70 81031 3571 Treasurer of Central Lemoore Police Dept. CALIFORNIA LAW ENFORCEMENT ASSOC. OF RECORDS SUPER 03/07/2022 100.00 81032 4638 CALVIVA HEALTH CLAIMS 03/07/2022 212.76
81033 4429 CANON FINANCIAL SERVICES, INC 03/07/2022 432.40 81034 3831 ADAM CASTANEDA 03/07/2022 35.00
81035 3079 CENTRAL VALLEY SWEEPING, INC. 03/07/2022 18,250.00 81036 3080 CHADS AUTO GLASS 03/07/2022 274.77
81037 4546 CHICAGO TITLE COMPANY 03/07/2022 1,930.00
81038 4385 CPSI 03/07/2022 7,407.50
81039 3143 DELTA VECTOR CONTROL DIST. 03/07/2022 13.26
81040 3146 DINUBA FIRE 03/07/2022 4,252.55
81041 4639 DMV RENEWAL 03/07/2022 10.00
81042 3152 E C N POLYGRAPH & INVEST 03/07/2022 200.00
81043 3750 EAGLE ENGRAVING, INC. 03/07/2022 63.14
81044 4229 EBA&M CORPORATION 03/07/2022 2,360.00
81045 3158 ENER POWER 03/07/2022 9,493.00
81046 4072 FAHRNEY FORD SALES 03/07/2022 155.00
81047 3166 FALCON TIRE & TOWING 03/07/2022 250.00
81048 3184 FRESNO CITY COLLEGE-Business Office 03/07/2022 379.00 81049 3633 FRESNO COUNTY FIRE PROTECTION DISTRICT 03/07/2022 142,497.74 81050 3188 FRESNO COUNTY SHERIFF 03/07/2022 32.82
81051 4640 FRESNO COUNTY TREASURE 03/07/2022 182.00
AP Checks by Date - Summary by Check Date (3/9/2022 4:22 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
81052 3193 FRESNO FIRE DEPARTMENT 03/07/2022 250.00
81053 3747 C/O JOE GARZA FRESNO MADERA CO. POLICE CHIEF'S ASSOC. 03/07/2022 200.00 81054 3198 FRESNO TRUCK CENTER 03/07/2022 1,486.99
81055 4642 FIDEL R. GARCIA 03/07/2022 1,640.00
81056 4472 MIGUEL GUZMAN 03/07/2022 290.00
81057 3556 HEALTHNET MEDI-CAL 03/07/2022 179.87
81058 3222 HENRY SCHEIN, INC. 03/07/2022 1,582.90
81059 3225 HOME DEPOT CREDIT SERVICES 03/07/2022 136.68 81060 3999 IRON MOUNTAIN 03/07/2022 84.80
81061 3534 JACK'S REFRIGERATION, INC. 03/07/2022 2,101.62 81062 4555 SCOTT JAECKEL 03/07/2022 330.00
81063 3237 JC'S LAWN SERVICE 03/07/2022 5,000.00
81064 4621 JOSE'S FENCING 03/07/2022 2,385.00
81065 3250 KELLER FORD LINCOLN 03/07/2022 809.41
81066 3686 KINGSBURG AUTO CARE 03/07/2022 1,842.89
81067 3253 KINGSBURG CHAMBER OF COMMERCE03/07/2022 2,500.00 81068 3625 KINGSBURG MEDIA FOUNDATION 03/07/2022 4,013.22 81069 3269 LAW & ASSOCIATES 03/07/2022 1,200.00
81070 3271 LEAGUE OF CALIFORNIA CITIES 03/07/2022 158.88 81071 3275 LIEBERT, CASSIDY, WHITMORE 03/07/2022 998.00 81072 3277 LINCOLN AQUATICS 03/07/2022 3,329.33
81073 3278 LOGIC TREE IT SOLUTIONS 03/07/2022 1,359.00
81074 3288 MCCLASKEY, INC. 03/07/2022 5,050.00
81075 4329 MCI COMM SERVICES 03/07/2022 33.65
81076 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 03/07/2022 2,240.70 81077 3307 NELSON'S ACE HARDWARE 03/07/2022 2,099.37
81078 4583 CIERA ORTIZ 03/07/2022 566.00
81079 3315 P G & E 03/07/2022 22,933.62
81080 3450 ABIGAIL PALSGAARD 03/07/2022 35.00
81081 3319 KEVIN PENDLEY 03/07/2022 65.99
81082 3326 PITNEY BOWES 03/07/2022 222.40
81083 3329 POLYACK MARKETING 03/07/2022 3,300.00
81084 4442 PRETZER FARMS & SERVICES 03/07/2022 450.00
81085 3333 PRICE, PAIGE & COMPANY 03/07/2022 2,755.00
81086 3334 PROFESSIONAL PRINT & MAIL, INC 03/07/2022 190.22 81087 3335 PROFORCE LAW ENFORCEMENT 03/07/2022 14,689.34 81088 3340 PURCHASE POWER 03/07/2022 39.00
81089 3341 QUINN COMPANY 03/07/2022 13,443.03
81090 4587 REYES COCA COLA BOTTLING, LLC 03/07/2022 492.00 81091 3354 ROBINA WRIGHT ARCHITECT & ASSO 03/07/2022 600.00 81092 4641 S E PIPE LINE CONSTRUCTION CO. 03/07/2022 104.00 81093 3537 SECOND CHANCE ANIMAL SHELTER 03/07/2022 1,000.00 81094 3369 SILVAS OIL COMPANY, INC. 03/07/2022 10,557.08 81095 3371 SIMPLOT GROWER SOLUTIONS 03/07/2022 3,655.49 81096 4142 SPARKLETTS 03/07/2022 173.74
81097 4028 SUPERIOR POOL CARE 03/07/2022 2,600.00
81098 4273 TRUCK PRO 03/07/2022 1,938.18
81099 3416 VERIZONWIRELESS 03/07/2022 1,118.53
81100 3419 VIKING CLEANING SERVICE 03/07/2022 3,600.00
81101 3469 WECO SUPPLY CO., INC. 03/07/2022 30.24
81102 3448 CHRISTINA WINDOVER 03/07/2022 35.00
81103 3430 WONG, ANDY & BETTY 03/07/2022 2,600.00
Total for 3/7/2022: 328,219.80
AP Checks by Date - Summary by Check Date (3/9/2022 4:22 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Report Total (93 checks): 451,456.13
AP Checks by Date - Summary by Check Date (3/9/2022 4:22 PM) Page 3

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Holly Owen, Community Development Director REVIEWED BY: AP AGENDA ITEM: Rescinding Final Map Approval for TM 5073 and Expiration of Housing Units for TM 5073
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion _ _Receive/File

EXECUTIVE SUMMARY
The tentative subdivision map for the Tract 5073 (located at the northwest corner of 14th and Kamm) was approved in 2005 by the City’s Planning Commission. The Tract 5073 (“Tract”) was awarded thirty-nine (39) housing allocation units (collectively “Housing Units”) under Kingsburg Municipal Code 16.09.020, with the final units awarded by the Competitive Allocation Process (16.09.060) in 2007.

In recognition of the effects of the economic downturn, extensions to the terms of approved tentative subdivision tract maps were granted by the California legislature for approved subdivision tract map statewide. As a result of these extensions of the tentative subdivision map for the Tract, the Housing Units awarded for Tract 5073 were also extended. The initial final subdivision map for the Tract (“Initial Final Map”) was approved by Kingsburg City Council Resolution 2019-009 on January 16, 2019.

Soon after January 16, 2009, the City’s Engineer provided the owner of Tract 5073 with a Subdivision Agreement for the Tract and related documents (collectively “Subdivision Agreement”). The Subdivision Agreement identified the required offsite improvements to be constructed and installed, the cost thereof and the requirement for the posting of bonds to guaranty the installation and construction of the offsite improvements.

Kingsburg Municipal Code Section 16.24.180 (C) states the following: “When the subdivider shall have filed with the city clerk the agreement (i.e. Subdivision Agreement), bond, or made the deposit, as described under Section 16.24.190 of this code, and when such agreement and financial instrument shall have been approved by the city attorney as to form, and by the city engineer and city council as to sufficiency, the city clerk shall deliver the map duly certified to the county recorder for recordation.”
Subsequent to January 16, 2009 the owner of the Tract failed to provide the City with the signed Initial Final Map, Subdivision agreement, required bonds and the necessary fees so that the City could record the Initial Final Map and the owner of the Tract could begin development of the Tract. In the fall of 2020, the City was advised the initial owner of 5073 had sold the Tract to Nick Dhaliwal (“Current Owner”). The transfer of the Tract to the Current Owner required a re-approval of the Initial Final Map for the Tract and the submission of a revised Subdivision Agreement.

After receiving title to Tract, the Current Owner did not timely contact the City to schedule a hearing before the Council for the re-approval of the Initial Final Map and did provide the City with a signed Subdivision Agreement, required bonds and payment of required fees. On or about November 2, 2021, a letter was sent by Holly Owen, Community Developer Director for the City, to a consultant for the Current Owner of the Tract. A copy of the letter is Meeting Date: 03/16/2022
Agenda Item: 5.3

attached. The letter states that should the Initial Final Map not be re-approved and a new Subdivision Agreement executed by the Current Owner and submitted to the City with the required bonds and fees by February 1, 2022, the Housing Units awarded to the Tract would be deemed expired. Thereafter, the Current Owner contacted the City Engineer and requested a hearing be scheduled for re-approval of the Initial Final Map.

At the Council meeting held on January 19, 2022, the Initial Final Map for the Tract was re-approved (“Re-Approved Final Map”). However, as of the date of this staff report, the Current Owner has failed to provide the City with the ReApproved Final Map signed by the Current Owner, has failed to provide the City with a signed Subdivision Agreement and has failed to provide the City with the required bonds and payment of the required fees. The City Engineer’s office has made several telephone calls to the Current Owner’s consultant requesting a timeline for receiving the signed Re-Approved Final Map and signed Subdivision Agreement. Neither the Current Owner’s consultant nor the Current Owner has responded to these inquiries. Therefore, the Re-Approved Final Map has not been recorded. It is the City’s understanding the Current Owner of the Tract is attempting the sell the Tract. A sale of the Tract would require a second re-approval of the final map for the Tract. Therefore, staff is recommending that the Council adopt the attached resolution resending its approval of the Re-Approved Final Map for the Tract.

Kingsburg Municipal Code 16.09.020(D), states the following:
…Also for issued allocations to remain effective, complete development entitlement applications (including the payment of any and all required fees) for all required development entitlements must be submitted to the city within one hundred eighty (180) days after the date of issuance of the allocations and construction of off-site improvements, including, without limitation, installation of utilities and construction and installation of streets, must commence within three hundred sixty-five (365) days after the date of approval of all required development entitlements ("construction start date").

Neither owner of the Tract has taken the necessary action and executed the necessary documents (i.e. final map and subdivision agreement) in order to record a final map for the Tract and neither owner of the Tract commenced development of the Tract within three hundred sixty-five (365) days after the approval of the Initial Final Map as required by the Municipal Code Section 16.09.020(D). Also, the Current Owner of the Tract failed record the ReApproved Final Map by February 1, 2022 as required in the attached letter from Holly Owen. As a result, staff is recommending the Council adopt the attached resolution rescinding the 39 single family residential Housing Units because the Housing Units have expired.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends that Council approve Resolution 2022-_____ rescinding the 39 Housing Unit allocations because the 39 Housing Units have expired and and rescinding the Final Map Approval granted to the Tract by prior action of the Council.

POLICY ALTERNATIVE(S)

1. Council could consider an extension of time for the applicant to complete tasks.

STRATEGIC GOAL(S) MET:

1. Promote Sustainable Development

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
FISCAL IMPACT:

1. Is There A Fiscal Impact? Potentially

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A

See executive summary.

BACKGROUND INFORMATION
See executive summary.

ATTACHED INFORMATION

1. Resolution 2022-019

2. Original Resolution granting housing allocation units to TM 5073

3. Location Map for TM 5073

4. Resolution approving the Initial Final Map

5. November letter from Holly Owen

6. Resolution approving the Re-Approved of Final Map
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )
(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION NO. 2022-019

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG

RESCINDING HOUSING UNIT ALLOCATIONS
AND APPROVAL OF THE FINAL MAP FOR TRACT 5073
WHEREAS, the City Council has by prior action approved the Final Map for Tentative Subdivision Tract Map 5073 (“Tract”) and awarded 39 single family residential housing unit allocations (collectively “Housing Units”) for the Tract; and WHEREAS, since January 16, 2019 the owners of the Tract have failed to deliver to the City a signed Final Subdivision Map (“Final Map”) signed by the owner of the Tract, signed subdivision agreement, required bonds and required fees in order to begin development of the Tract in accordance with Section 16.24.180(c) of the Kingsburg Municipal Code.; and WHEREAS, the owner of the Tract has failed to commence construction of off-site improvements, including, without limitation, installation of utilities and construction and installation of streets within three hundred sixty-five (365) days after the date of approval of initial Final Map for the Tract as required by Section 16.09.020(D) of the Kingsburg Municipal Code.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council for the City of Kingsburg hereby rescinds its approval of all Final Maps for the Tract and rescinds approval and award of the 39 single family residential Housing Units for the Tract because the 39 single family residential Housing Units for the Tract have expired. ******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 16th day of March 2022, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Abstain: Councilmembers:

Abigail Palsgaard, City Clerk
City of Kingsburg
RESOLUTION NO. 2005-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HINGSBURG APPROVING VESTING TENTATIVE TRACT MAP 5073
CONSISTING OF 39 LOTS ON APPROXIMATELY
13 ACRES ON THE NORTH SIDE OF KAMM AVENUE
WEST OF 14th AVENUE AND THE GATEWAY SUBDIVISION
WHEREAS, the Kingsburg Planning Commission did hold a duly-noticed public hearing on October 13, 2005, on Tentative Tract Map 5073, a residential subdivision consisting of 39 lots on approximately 13 acres on the north side of Kamm Avenue west of 14th Avenue and the Gateway Subdivision; and
WHEREAS, this property is designated in the General Plan as LD (Low Density Residential) and, upon annexation, would be pre-zoned R-1-7, which permits single-family residential lots of at least 7,000 square feet in area, consistent with the subdivision proposal; and WHEREAS, the Kingsburg Planning Commission recommended approval of Tentative Tract Map 5073 proposed by Piara Ghuman (AKS Enterprises), subject to certain conditions; and WHEREAS, the Kingsburg City Council has considered this proposal and HEREBY RESOLVES AS FOLLOWS:

The City Council of the City of Kingsburg approves Tentative Tract Map 5073 proposed by Piara Ghuman (AKS Enterprises), subject to: successful annexation into the City and the SelmaKingsburg-Fowler County Sanitation District; pre-zoning to the R-1-7 zone district; and the following conditions:

General:

That all conditions of the applicant be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards.

2. That the applicant enter into a subdivision agreement with the City if the final map is recorded prior to completion of the off-site improvements.

That the applicant pay all fees as required by existing ordinances and schedules. The fees to be paid shall be those in effect at the time of payment.

4. That all water wells and septic systems that served the agricultural property be abandoned pursuant to City, County, and State standards.

That in conformance with the City's Growth Management System ordinance, a maximum of 25 allocations be granted for this priority project each calendar year until the project's completion; and that the number of allocations to be granted per year be specified in the Subdivision Agreement.

6. That the street names Kelly Circle and Vernon Circle be changed, if necessary, to conform to Ordinance 2004-04 adopted by the City Council July 2004.

Final Map:

7. That a rightto farm covenant be recorded prior to recordation of the final map.

Circulation:

8. A 15-foot right of way shall be provided behind the north curb face along Kamm Avenue to match the improvements to the east. The sidewalk shall be constructed with a 10-foot offset from the curb and be adjacent to a grass parkway strip similar to the improvements to the east.

Sewer:

9. That the developer extend the 10-inch oversize sewer along the project frontage from the stub-out at the western limit of the Gateway subdivision.

Grading and Drainage:

10. That a grading and drainage plan be submitted for review and approval by the City Engineer. The developer shall obtain a grading pennit for all on-site grading work.

11. That all runoff be directed to the permanent on-site drainage basin facilities as shown on the tentative map, sized for proposed Tract 5073 and the existing Gateway Tract as required by the Storm Drain Master Plan. Percolation and soils tests be required for the drainage basin.

12. That the developer obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide for the mitigation of soil erosion from the project site during the construction and warranty periods and be submitted to the City prior to the start of construction.

13. That as part of the mitigation measures for soil erosion; the developer shall be responsible for street sweeping during the one-year warranty period.

Aesthetics:

14. That a landscape and irrigation plan be submitted for review and approval by the Planning Director and City Engineer for the areas along Kamm Avenue.

15. That a landscape and irrigation plan be submitted for review and approval by the City Engineer for the areas around and within the permanent park/ponding basin.

16. That the developer provide and install street trees with root barriers to City Standards for each lot at a location along the front property line.

Utilities:

17. All existing overhead utilities adjacent to the subdivision shall be undergrounded.

18. That the developer provide a street light plan for review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction.

Streetlights shall be provided by the developer and maintained by the City pursuant to PG&E rate schedule LS2C.

19. Developer shall work with PG&E for the preparation of a utility plan, subject to the review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. All work shall be completed such that no street surface need be reopened for service.

Irrigation:

20. That any litigation pipelines maintained by CID be relocated outside of the street right of way, except at street crossings. Any irrigation lines that must remain in service shall be reconstructed with rubber gasket reinforced concrete pipe.

21. That all abandoned irrigation lines serving the property be removed.

I, Susan Bauch, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 21st thy of December, 2005, by the following vote:

Ayes: Councilmembers: Blayney, Kruper, Karstetter, Smith, and Mayor Bergstrom Noes: Councilmembers: None

Absent: Councihnembers: None
Abstain: Cotmcilmembers: None
2 Sus Bauch, City Clerk
City of Kingsburg

Peters Engineering Group
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )
(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION NO. 2019-009

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG
APPROVING TRACT 5073
WHEREAS, the Subdivision Agreement for Tract 5073, has been approved and executed by the developer, Pama-Ghuman Family Trust; and
WHEREAS, all required City fees have been paid and bonds furnished to guarantee the construction and warranty of the required subdivision improvements; and WHEREAS, the presence of the City Engineer’s and Planning Commission Secretary’s signatures on the final tract map indicates that the final map substantially conforms to the tentative tract map previously approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council of the City of Kingsburg hereby approves the Final Map for Tract 5073, subject to final approval by the City Engineer, with any and all conditions which were imposed at the time of approval of the tentative map and;
BE IT FURTHER RESOLVED:

That the City Council of the City of Kingsburg hereby authorizes the City Manager to execute the Subdivision Agreement for Tract 5073, on behalf of the City, subject to review as to form by the City Attorney, and review as to content by the City Engineer. ******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 16th day of January 2019, by the following vote:

Ayes: Councilmembers: Palomar, Dix and Mayor Roman
Noes: Councilmembers: None

Absent: Councilmembers: Hurtado and North
Abstain: Councilmembers: None
Abigail Palsgaard, City Clerk
City of Kingsburg
Property Owner of Tract Map 5073
c/o Dale G Mell & Associates
2090 North Winery Avenue
Fresno, CA 93703
To the owner of Tract Map 5073;
The final subdivision map for Tract 5073 (“Tract”) was approved by Kingsburg City Council Resolution 2019-009 on January 16, 2019, over two and a half years ago. The owner of the subdivision has not commenced development of the Tract since approval of the final subdivision map. It is our understanding the owner of the Tract has not provided the Kingsburg City Engineer with the necessary documents to record the final subdivision map and has not signed and returned the Subdivision Agreement for the Tract previously provided to the owner by the Kingsburg City Engineer.

After the tentative subdivision map for the Tract was approved by the City’s Planning Commission, the Tract was awarded thirty-nine (39) housing allocation units (collectively “Housing Units”) under Kingsburg Municipal Code 16.09.020, with the final units awarded by the Competitive Allocation Process (16.09.060) in 2007.

Kingsburg Municipal Code 16.09.020(D), states the following:

After allocations are issued as provided in this chapter, all development entitlements (i.e., parcel maps, subdivision maps, environmental review, etc.) associated with said allocations are required by the city or applicable law, rule or regulation must be approved by the city in order to use the issued allocations. If any required development entitlements are denied, or expire, the issued allocations related thereto shall automatically expire. The city will not accept any application for development entitlements unless allocations have been approved and issued for said development entitlements. Also for issued allocations to remain effective, complete development entitlement applications (including the payment of any and all required fees) for all required development entitlements must be submitted to the city within one hundred eighty (180) days after the date of issuance of the allocations and construction of off-site improvements, including, without limitation, installation of utilities and construction and installation of streets, must commence within three hundred sixty-five City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
(559) 897-5328 Fax: (559) 897-6558
Holly Owen
Community Development
Director
Edward Jakubowski
Building Official
Alexander J. Henderson
City Manager
Madelyn Ramirez
Neighborhood Improvement
Officer
(365) days after the date of approval of all required development entitlements ("construction start date"). No fees paid by an applicant to the city as part of the entitlement process will be reimbursed by the city should the applicant fail to satisfy the requirements of this chapter.

The approval of the final subdivision map by the City Council on January 16, 2019 is the required development entitlement referenced in Municipal Code Section

16.09.020(D) which allows the owner of the Tract to proceed with development of the Tract (after recordation of the final subdivision map; execution of the subdivision agreement and issuance of the necessary permits). However, the owner of the Tract did not commence development of the subdivision within three hundred sixty-five (365) days after the approval of the final subdivision map as required by the Municipal Code Section 16.09.020(D).

If the final subdivision map for Tract is not recorded and a Subdivision Agreement for the Tract is not executed by the owner of the Tract and returned to the Kingsburg City Engineer prior to January 31, 2022, the Housing Units previously awarded to the Tract shall be deemed expired and the owner of the Tract will be required to make a new submission for housing allocations to be awarded before building permits for the Tract will be issued. If the final subdivision map is recorded and the Subdivision Agreement is executed by the owner of the Tract prior to January 31, 2022, the owner of the Tract will have 365 days to commence development of the subdivision as required by Municipal Code Section 16.09.020(D).

If you have any questions about this determination, please don’t hesitate to contact me.

Sincerely,
Holly Owen
Community Development Director
City of Kingsburg
(559) 897-5328
cc: Don Cheney
1700 Jensen Avenue, Suite #102
Sanger, CA 93657
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )
(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION NO. 2022-008

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG
APPROVING TRACT 5073
WHEREAS, the Subdivision Agreement for Tract 5073, has been approved and executed by the developer, Nachtar Singh Dhaliwal; and
WHEREAS, all required City fees have been paid and bonds furnished to guarantee the construction and warranty of the required subdivision improvements; and WHEREAS, the presence of the City Engineer’s and Planning Commission Secretary’s signatures on the final tract map indicates that the final map substantially conforms to the tentative tract map previously approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council of the City of Kingsburg hereby approves the Final Map for Tract 5073, subject to final approval by the City Engineer, with all conditions which were imposed at the time of approval of the tentative map; and
BE IT FURTHER RESOLVED:

That the City Council of the City of Kingsburg hereby authorizes the City Manager to execute the Subdivision Agreement for Tract 5073, on behalf of the City, subject to review as to form by the City Attorney, and review as to content by the City Engineer. ******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 19th day of January 2022, by the following vote:

Ayes: Councilmembers: Hurtado, Palomar, Pursell, Jr., Roman and Mayor North.

Noes: Councilmembers: None.

Absent: Councilmembers: None.

Abstain: Councilmembers: None.

Abigail Palsgaard, City Clerk
City of Kingsburg

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Daniel Perkins, Fire Chief REVIEWED BY: AP AGENDA ITEM: Revision of City -Wide Emergency Operations and Continuity of Operations Plan
ACTION REQUESTED: ___Ordinance ____Resolution √ Motion ______Receive/File

EXECUTIVE SUMMARY
The City of Kingsburg is mandated through Federal law to update the City-Wide Emergency Operations Plan (EOP) every 10 years. The Current Plan is due for immediate revision as it was last updated 12/15/2010. One of the Fire Department’s tasks is to facilitate the revision. A Request for Proposal (RFP) was posted with three vendors submitting RFP’s. One vendor was chosen utilizing a scoring rubric chiefly due to: their economy of scale, ability to produce effective plans as well as familiarity and experience throughout the nation as well as California. The Vendor, AP Triton, would develop the plan as well as train all members of City Staff utilizing mock Emergency Exercises to ensure an effective and workable plan has been developed. The EOP to include a Continuity of Operations Plan will be completed and all training administered before the end of September, 2022.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the Contract between AP Triton and City of Kingsburg

POLICY ALTERNATIVE(S)

1. Council could choose to not support the signing of the contracts; however, this would cause an inability of the city to apply for further federally funded grants as well as make the city noncompliant with federally required Emergency Operations Plans.

REASON FOR RECOMMENDATION/KEY METRIC

1. To enter into an agreement with AP Triton for the development of a City-wide Emergency Operations Plan.

FINANCIAL INFORMATION
Meeting Date: 03/16/2022
Agenda Item: 5.4
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? Multiple GL’s

FINANCIAL SUMMARY
The cost of the contract to complete the work is $64, 852 for 472 personnel hours to complete the project including 118 hours of direct training and 44 hours of implementation and presentation to stakeholders.

PRIOR ACTION/REVIEW
This had been completed in the past by KFD staff however due to the growth and complexity of the requirements a consulting firm was thought to be best to complete a more comprehensive lasting document.

BACKGROUND INFORMATION
These agreements are required as a matter of federal law and are considered essential to the inner workings of a city during disasters and states of emergency.

ATTACHMENTS

1. Financial proposal from AP triton
February 2022
VISION  INNOVATION  SOLUTIONS
Kingsburg Fire
Department
Kingsburg, CA
Proposal to update & revise the

CITY OF KINGSBURG
Emergency Operations Plan
& Develop a Comprehensive
Continuity of Operations Plan
1 Emergency Operations Plan & Continuity of Operations Plan Update City of Kingsburg Contents
Project Fee Proposal ..............................................................................................................................2 About AP Triton........................................................................................................................................3 Contact Information...........................................................................................................................3 About AP Triton....................................................................................................................................3 Triton’s Approach to Projects ............................................................................................................3 Best Practices & National Standards ................................................................................................4 Conflict of Interest Statement............................................................................................................4 © Copyright 2020–2021 AP Triton, LLC. All rights reserved. 2 Emergency Operations Plan & Continuity of Operations Plan Update City of Kingsburg Project Fee Proposal
AP Triton, LLC presents the following formal cost proposal for the project outlined in the Scope of Work. The fee is inclusive of expenses:

Project Section Fees & Expenses
Section 1: Project Initiation—18 hours $2,767
Section 2: Emergency Operations Plan—132 hours $16,900
Section 3: Continuity of Operations Plan (COOP)—80 hours $10,000 Section 4: Functional Annexes—80 hours $10,000
Section 5: Training and Tabletop Exercise—118 hours $20,777 Section 6: Development, Review, & Presentation of the EOP—44 hours $4,408 Proposed Project Fee (will not exceed): $64,852
Payment Schedule & Invoicing
▪ 10% payment due upon signing of the contract
▪ Monthly invoicing thereafter as work progresses
▪ Additional hours will be billed at a rate of $190/hour for the Senior Project Manager and $135/hour for consultants plus any additional travel expenses Cost Quotation Information
▪ The bid quotation is valid for 90 days
▪ Triton Federal Employer Identification Number: 47-2170685 3 Emergency Operations Plan & Continuity of Operations Plan Update City of Kingsburg About AP Triton
Contact Information
T The headquarters of AP Triton, LLC is located in Sheridan, Wyoming. Consultants and other subject matter experts (SME) are located throughout the United States. ▪ Address: 1309 Coffeen Avenue, Suite 3178, Sheridan, WY 82801 ▪ Phone: 833.251.5824 (toll free)
▪ E-Mail: [email protected]
▪ Website: www.aptriton.com
About AP Triton
Established in 2014, AP Triton has a wide range of experience in the fire service, emergency medical services, special events and filming, fire prevention, and life-safety programs. Our consultants have conducted numerous studies involving Master Plans, Community Risk Assessments/Standards of Cover, Strategic Plans, Fire Department Consolidation Studies, EMS Systems Analyses, Staffing Studies, Agency Evaluations, Fire Station Location, and Engineering Studies, as well as other unique Fire Service and EMS studies.

AP Triton was founded on the need to provide innovative solutions to public safety departments. For too many agencies, creative thinking is not part of the status quo. AP Triton is able to bring our experience to enable long-term, creative, and sustainable solutions specialized to your local issues. With decades of experience in public safety departments of all sizes, AP Triton is well suited to update the City of Kingsburg’s Emergency Operations Plan and Continuity of Operations Plan to best serve its patrons today and into the future.

Triton’s Approach to Projects
Triton’s approach to projects represents our complete understanding of your expectations.

Our experience in working with fire departments, fire districts, and EMS organizations, as well as other emergency services agencies, includes a wide variety of communities throughout the United States. Key elements of Triton’s methodology include:
▪ A complete understanding of the project background, goals, and objectives, as well as the complex issues that must be addressed.
▪ A comprehensive, well-designed, and practical scope of work (SOW) and workplan that enables substantial input from key stakeholders, leadership, and other individuals. 4 Emergency Operations Plan & Continuity of Operations Plan Update City of Kingsburg ▪ Use of state-of-the-art GIS mapping, computer modeling, and data analysis tools, webbased communications technology, and many other sophisticated tools and technologies.
▪ Triton’s project methodology is augmented by the utilization of web-based and other communication technologies. We will utilize the Dropbox application to create a secure online project site that enables the client and project team members to collaborate and communicate throughout every phase of the project. In addition, Triton utilizes GoToMeeting conferencing software to assist with client communications and various presentations.
▪ Utilization of experienced subject matter experts (SME) in emergency management, the fire service, EMS, and other related emergency services disciplines, as well as individuals with expertise in GIS and data analysis.
▪ Commitment to successfully complete our projects and deliverables within the time requested and in a manner that would meet or exceed expectations. ▪ High-quality printed and bound reports, with contents and recommendations that will easily enable the client, key stakeholders, and community members to understand.

Best Practices & National Standards
Based on the type of project and study requirements, Triton will refer to and utilize current industry best practices, along with relevant national standards promulgated by a wide variety of associations and organizations that develop consensus standards for the fire service, EMS, communications, and other related services. These may include the Federal Emergency Management Agency (FEMA), National Fire Protection Association (NFPA), Center for Public Safety Excellence (CPSE), Commission on Accreditation of Ambulance Services (CAAS), and other organizations.

Conflict of Interest Statement
Triton has neither directly nor indirectly entered into any agreement, participated in any collusion or collusion activity, or otherwise taken any action which in any way restricts or restrains the competitive nature of this solicitation including, but not limited to, the prior discussion of terms, conditions, pricing, or other offer parameters required by this solicitation.

Triton is not presently suspended or otherwise prohibited by any government from participation in this solicitation or any other contract to follow thereafter. Neither Triton nor anyone associated with Triton has any potential conflict of interest because of or due to any other clients, contracts, or property interests in this solicitation or the resulting project. If a conflict of interest is identified in the provision of services, Triton will immediately notify the client in writing. 2022-03-02
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PROFESSIONAL SERVICES AGREEMENT
AP Triton, LLC
This Agreement (“Agreement”), dated as of MARCH ___, 2022 is by and between CITY OF KINGSBURG, a Charter City (“CLIENT”), and AP Triton, LLC, a Wyoming limited liability company (“CONSULTANT”), hereinafter collectively referred to as the “Parties.” The Agreement will be effective upon the date of final execution by all parties.

1. HEADINGS
Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.

2. ATTACHMENTS
Attachments 1 and 2 are attached hereto and included by reference and made a part of this Agreement.

3. CONSULTANT’S SCOPE OF SERVICES AND CLIENT RESPONSIBILITIES CONSULTANT agrees to perform all services described in Attachment 1, Scope of Work (collectively “Services”), for payment pursuant to Attachment 2, in accordance with the terms and conditions of this Agreement. CLIENT shall provide complete, accurate, and timely information regarding Services and CLIENT’S requirements and shall designate by name a representative authorized to act on its behalf. CLIENT shall examine documents or other instruments submitted by CONSULTANT and shall promptly render any decisions necessary in order to avoid unreasonable delay. CLIENT shall provide any additional materials, other than those CONSULTANT is responsible to provide, that are reasonably necessary to complete the Scope of Work. CLIENT shall provide reasonable access to any locations under the control of CLIENT required for CONSULTANT to perform the Services hereunder. Any additional requirements agreed to by the Parties in writing will be identified in Attachment 1.

4. TERM
This Agreement shall terminate upon completion of the Scope of Work as described in Attachment 1, unless extended by mutual Agreement of the Parties in writing or terminated in accordance with Section 16.

5. PAYMENT
For all Services performed in accordance with the Agreement, payment shall be made to CONSULTANT as provided in Attachment 2.

6. INDEPENDENT CONTRACTOR
No relationship of employer and employee is created by this Agreement. It is understood and agreed that CONSULTANT is, at all times, an independent contractor and can perform work for others. CONSULTANT is not the agent or employee of the CLIENT in any capacity whatsoever and CLIENT shall not be liable in any manner for any acts or omissions by CONSULTANT or for any obligations or liabilities incurred by CONSULTANT, its employees, agents or contractors.

Neither CONSULTANT nor its employees shall have any claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal lime off, health 2022-03-02
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insurance medical care, hospital care, retirement benefits, social security, disability, workers' compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.

CONSULTANT shall be solely liable for, and obligated to pay directly, all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities and worker’s compensation insurance which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents, or employees, and CONSULTANT agrees to indemnify and hold CLIENT harmless from any and all liability which CLIENT may incur because of CONSULTANT's failure to pay such amounts.

In carrying out the work contemplated herein, CONSULTANT shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of CLIENT.

7. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall , hold harmless, defend and indemnify the CITY and its officials, officers, employees and representatives from and against any and all claims, losses, damages, lawsuits, liabilities and expenses, including but not limited to attorneys' fees, including but not limited to those attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, which arises out of or is any way connected with or arising from the CONSULTANT’s performance or failure of performance of this Agreement (collectively "Liabilities") to the extent caused by such CONSULTANT or CONSULTANT’s members, managers, employees, agents and contractors, except where such Liabilities are caused by the sole negligence or willful misconduct of CLIENT or its employees, agents or contractors .

To the fullest extent permitted by law, CLIENT shall hold harmless, defend and indemnify the CONSULTANT and its members, managers, employees and representatives from and against any and all claims, losses, damages, lawsuits, liabilities and expenses, including but not limited to attorneys' fees, including but not limited to those attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, which arises out of or is any way connected with or arising from the CLIENT’s performance or failure of performance of this Agreement (collectively "Liabilities") to the extent caused by such CLIENT or CONSULTANT’s employees, agents and contractors, except where such Liabilities are caused by the sole negligence or willful misconduct of CONSULTANT or its members, managers, employees, agents and contractors.

8. INSURANCE
CONSULTANT shall maintain at all times during the performance of this Agreement a commercial general liability insurance policy with a minimum occurrence coverage in the amount of $1,000,000; an automobile liability insurance policy in the minimum amount of $1,000,000; and, if any licensed professional performs services under this Agreement , a professional liability insurance policy in the minimum amount of $1,000,000 to cover any 2022-03-02
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claims arising out of CONSULTANT's performance of Services under this Agreement and CONSULTANT’s obligation of indemnity under Section 7 of this Agreement. All insurance shall name the CLIENT, its officials, officers, agents, volunteers, and employees (if any) as additional insureds and shall provide primary coverage with respect to the CLIENT.

All insurance policies shall: 1) provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said policies except upon thirty (30) days written notice to the CLIENT’S representative as shown in Section 22 Notices; 2) be evidenced by the original Certificate of Insurance and the insurance carrier’s standard form endorsement evidencing the required coverage; and 3) be approved as to form and sufficiency by the CLIENT.

CONSULTANT shall promptly forward all insurance documents to the CLIENT.

9. CONFORMITY WITH LAW AND SAFETY
In performing services under this Agreement, CONSULTANT shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the Scope of Services provided by CONSULTANT. CONSULTANT has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required of CONSULTANT to lawfully and competently perform the Services.

10. TRAVEL EXPENSES
CONSULTANT shall be allowed and compensated for reasonable travel expenses to carry out the work of the CLIENT if approved in advance by the CLIENT in accordance with Attachment 2.

11. TAXES
Payment of all applicable federal, state and local taxes shall be the sole responsibility of the CONSULTANT.

12. ACCESS AND RETENTION OF RECORDS
CONSULTANT agrees to provide the CLIENT and its designees access to all of the CONSULTANT’s records related to this Agreement and the Scope of Services and that the CONSULTANT shall maintain its records related to this Agreement and Scope of Services for a period of not less than five (5) years after the final payment to the CONSULTANT is made by the CLIENT.

13. CONFLICT OF INTEREST
CONSULTANT covenants that CONSULTANT presently has no interest, and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of Services required under this Agreement, including but not limited to any provision of services to any federal, state or local regulatory or other public agency which has any interest adverse or potentially adverse to the CLIENT, as determined in the reasonable judgment of the CLIENT. Entering into this Agreement does not preclude CONSULTANT from working for others as long as CONSULTANT ensures that such work does not constitute a conflict of interest. Further CONSULTANT warrants and represents to CLIENT that it has not paid nor has it agreed to pay any entity or person any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result from the award or making of this Agreement. 2022-03-02
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14. CONFIDENTIALITY
CONSULTANT agrees that any information and documents, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for the CLIENT will be kept confidential and not be disclosed to any other person or entity except as required by law. CONSULTANT agrees to immediately notify the CLIENT if CONSULTANT is requested to disclose to others any information or documents made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement.

15. USE OF CLIENT PROPERTY
CONSULTANT shall not use CLIENT property (including equipment, instruments, and supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

16. TERMINATION
Either party may terminate this Agreement for default upon five (5) days written notice to the other if the other party has materially failed to fulfill any of its obligations under this Agreement in the manner and within the time periods required by this Agreement.

CLIENT has and reserves the right to terminate this Agreement at its convenience and without cause upon thirty (30) days written notice to CONSULTANT. In the event that the CLIENT should terminate this Agreement for its convenience, CONSULTANT shall be entitled to payment for Services performed by CONSULTANT prior to the effective date of said termination, including travel, accrued as of the date of the termination, which payment shall be in accordance the terms set forth in Attachment 2.

17. CHOICE OF LAW
CONSULTANT and CLIENT agree this Agreement will be construed and governed by the laws of the State of California and if a dispute arises in the performance of this Agreement the laws of the State of California will govern.

18. ENTIRE AGREEMENT
This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between CLIENT and CONSULTANT relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments.

This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the Parties and sets forth the entire understanding of the Parties regarding the subject matter thereof.

This Agreement and all related obligations and Services hereunder are intended for the sole benefit of CLIENT and CONSULTANT and are not intended to create any third-party rights or benefits.

19. MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both Parties.
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20. SEVERABILITY
If any part of this Agreement or the application thereof is declared to be invalid for any reason, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are deemed severable.

21. SUCCESSORS AND ASSIGNS
This Agreement is binding upon and inures to the benefit of the successor, and assigns of each party to this agreement, provided, however, that CONSULTANT shall not assign or transfer by operation of law or otherwise any or all rights, burdens, duties, or obligations without prior written consent of the CLIENT which consent can be withheld in the sole discretion of CLIENT. Any attempted assignment without such consent shall be invalid.

22. NOTICES
All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:

Personal delivery: When personally delivered to the recipient, notices are effective on delivery.

First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox.

Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL Worldwide Express) with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.

Addresses for purpose of giving notice are as follows:

To: CLIENT: City of Kingsburg
Attn: Daniel Perkins, Fire Chief
1401 Draper
Kingsburg, CA 93631
To: CONSULTANT: AP Triton Consulting, LLC
Attn: Kurt P. Henke
1309 Coffeen Avenue, Suite 3178
Sheridan WY 82801
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
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Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.

23. SIGNATORIES
By signing this agreement, signatories warrant and represent that they have executed this Agreement in their authorized capacity.24. EQUAL OPPORTUNITY

EMPLOYMENT
CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age, or sexual orientation.

Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s programs or guidelines currently in effect or hereinafter enacted regarding equal opportunity employment.

25. ATTORNEY FEES
If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California for any proceeding arising hereunder.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year written.

CLIENT CONSULTANT
City of Kingsburg AP Triton, LLC

By: _________________________ By: _________________________ Signature Signature
Name: Alexander J. Henderson Name: Kurt P. Henke
Title: City Manager Title: Principal / Managing Partner Date: ________________ Date: ________________
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ATTACHMENT 1
Scope of Services
AP Triton, LLC will provide technical expertise to update and revise the City of Kingsburg’s Emergency Operations Plan and develop a comprehensive Continuity of Operations Plan.

Section One—Project Initiation
Task 1-A: Project Initiation & Development of a Work Plan Triton will meet virtually with the City of Kingsburg’s project team and/or liaisons. The purpose will be to develop a complete understanding of the organization’s background, goals, and expectations for the project.

Triton’s Senior Project Manager will develop and refine a proposed work plan that will guide the Project Team. This work plan will be developed identifying:
▪ Project team members responsible for each task
▪ Major tasks to be performed
▪ Resources to be utilized
▪ Methods for evaluating study results
▪ Any potential constraints or issues related to accomplishing specific tasks The benefits of this process will be to develop working relationships between the Triton Project Team and the City of Kingsburg Project Team, determine communications processes, and identify logistical needs for the project.

Task 1-B: Procurement of Information & Data
Triton will request pertinent information and data from the City of Kingsburg and any other agencies as necessary. This information is critical and will be used extensively in the various analyses and development of the plans. Thoroughly researched and relevant studies will be included during Triton’s review. The documents and information relevant to this project will include, but not be limited to, the following:
▪ Any current documentation developed by the City for its existing EOP ▪ Community Comprehensive Plans, and current and future land use documents, if available
▪ Current Hazard Mitigation Plan
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▪ Previous or current studies or research
▪ Local census and demographic data
▪ Zoning maps and zoning codes
▪ Dataset of local target hazards, multistory buildings, large structures, etc. ▪ Any other documents and records necessary for the successful completion of the project
Task 1-C: Stakeholder Input & Field Work
The Triton Project Team will conduct on-site interviews and gather information from key personnel and stakeholders from each of the agencies (taking into account current allowable social distancing protocols*). Some information may be acquired through the use of electronic forms and/or virtual interviews. Individuals will include, but not be limited to:
▪ Kingsburg Fire Department
▪ Kingsburg Police Department
▪ City of Kingsburg staff
▪ Fresno, Kings, and Tulare County Emergency Management ▪ Selma-Kingsburg-Fowler County Sanitation District
▪ Kingsburg Elementary Charter School District
▪ Kingsburg Joint Union High School district
▪ Fresno County Fire Protection District
▪ Cities of Selma, Laton, Reedley, Dinuba, Sanger, and Fowler Fire Departments ▪ American Ambulance of Fresno and King Counties
▪ Central California Emergency Medical Services Authority ▪ Fresno County Health Department – Hazardous Materials Unit and U.S. Coast Guard
▪ Representatives of Cal OES Region V
▪ FEMA
From these interviews, Triton will obtain additional information and perspective on the operational, economic, and policy issues facing the organization. 2022-03-02
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*Depending on the status of the COVID-19 Pandemic and any travel or other restrictions, distance interviews may be necessary using remote conferencing technology.

Section Two—Emergency Operations Plan
Triton will develop specific steps to avoid risk and resume operations after a catastrophic natural disaster or national emergency, technological or biological emergency. Steps to include but not be limited to:
▪ Prevention: Property and lives protection by identifying and deterring an incident from occurring.
▪ Mitigation: Reduce the chance of an emergency happening or reduce the damagingeffects of unavoidable emergencies.
▪ Preparedness & Training: City of Kingsburg’s ability to respond when a disaster occurs.
▪ Response: Emergency plans that enable efficient coordination of resources and response action to carry out immediately before, during, and after a hazard impact with the focus on saving lives, reducing economic loss, and alleviating suffering. ▪ Recovery: This starts after the immediate threat to human life has subsided to bring the affected area back to a degree of normalcy.
▪ Identification: Set forth lines of authority and organizational relationships and show how all actions will be coordinated. And identify personnel, equipment, facilities, supplies, and other resources available—within the jurisdiction or by agreement with other jurisdictions--for use during response and recovery operations
Triton will use the following steps from the Federal Emergency Management Agency’s Developing and Maintaining Emergency Operations Plans Comprehensive Preparedness Guide 101 (CPG version 3.0) to update and revise the City of Kingsburg’s existing EOP.

Triton will address the following types of disasters and emergency incidents to include, but not limited to:
▪ Biological/Hazardous Materials
▪ Disease/Virus Infections
▪ Chemical/Hazardous Material Spill
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▪ High Pressure Gas Pipelines—within or city adjacent
▪ Natural Disasters (Earthquakes, Wildfires, Floods, Tornados, etc.) ▪ Homeland Security
▪ New trends in domestic/foreign terrorist activities
▪ Cyber Attack/Ransomware
▪ Active Shooter(s)
▪ Bomb(s)
▪ Aircraft Crash
▪ Train Wreck
▪ Large-Scale Automobile Accidents (fog or non-fog-related) ▪ Blackouts (prolonged-planned power outages)
Task 2-A: Risk Assessment
Triton will conduct a risk assessment of the City of Kingsburg to determine existing hazards based on current conditions and data. Including:
▪ Community demographics
▪ Area covered by the EOP
▪ Any unusual geographical features
▪ Include the Threat Hazard Identification from the City of Kingsburg Hazard Mitigation Plan in the EOP
▪ Identify specific hazards and threats likely to impact the City of Kingsburg as part of the EOP
▪ Determine the City of Kingsburg’s capabilities and limits in preparing and responding to hazards and their dependency on other jurisdictions for critical resources
▪ Review the current mitigation efforts
Task 2-B: Concept of Operations
Triton will provide information on how the City of Kingsburg will accomplish a mission or objectives that meet a completion of a specific task. This includes:
▪ Providing a well-defined methodology using goals and objectives to execute the plan
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▪ Providing information on how first responders interface with the City of Kingsburg’s EOC
▪ Utilizing CPG 101’s Concept of Operation’s checklist to develop a thorough plan used during an activation
▪ EOC decision points and activation levels
Task 2-C: Organization and Assignment of Responsibilities Triton will develop an organizational structure and assignment of roles and responsibilities to provide a process for implementation during an event including, but not limited to:
▪ Identify and outline the responsibilities assigned to each role in the EOP and how they protect and restore critical infrastructure
▪ Address how the City of Kingsburg will integrate and manage unaffiliated volunteers during emergency operations
▪ Identify and describe all mutual aid agreements
▪ Describe how the current list of NIMS-type resources and credentialed staff and how rosters, SOP/SOGs, and checklists are maintained for each assigned task specifically addressing:
 Emergency Operations Center Director
 Public Information Officer
 Liaison Officer(s)
 Safety Officer
 Operations Section
 Planning Section, including the use of potential Planning/Ops position  Finance Section
 Logistics Section
▪ Develop a matrix summarizing which City department is the primary lead compared to their secondary support role for each defined response function ▪ Describe the City of Kingsburg’s policies for public safety enforcement ▪ Develop Emergency Support Functions and Recovery Support Functions using the Incident Command System
▪ Develop EOC Standard Operating Guidelines
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Task 2-D: Direction, Control, and Coordination
Triton will develop a framework for direction, control, and coordination, and information collection, analysis, and dissemination, to include, but not limited to:
▪ Identify who has tactical and operational control of response assets ▪ Discuss multi-jurisdictional coordination systems and processes for an event Task 2-E: Information Collection, Analysis, and Dissemination ▪ Describe how the Planning Section coordinates with the EOC or fusion center and development of an Incident Action Plan
▪ Describe dissemination methods during an event to include verbal and electronic protocols
▪ Describe how critical information is collected and disseminated based on priorities for short- and long-term events
▪ Describe how to collect, analyze, and share information regarding the community lifelines and the general public
▪ Describe long-term information collection, analysis, and dissemination strategies ▪ Describe collaboration with the public for collection, analysis, and dissemination of information, and includes all elements of the whole community and sector-specific watch programs
Task 2-F: Communication and Coordination
Triton will develop communication protocols and coordination processes for use during an event, including the following components:
▪ Describe how the City of Kingsburg’s communication processes integrate with the county, state, and national communication networks
▪ Identify and summarize separate interoperable communications plans that provide public information and warnings
Task 2-G: Administration, Finance, and Logistics
Triton will develop the general support requirements and availability or services and support for the many types of emergencies to include, but not be limited to:
▪ Administration
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 Develop a system for incident documentation before and during the recovery phase
 Develop a list of required reports such as damage assessment and cost recovery and how to create a system to maintain historical records permanently  Develop an after-action report
▪ Finance
 Identify the various programs that the City of Kingsburg can use to recover costs to include the general public
 Identify and describe how operational costs are documented during response and recovery
 Develop and describe pre- and post-declaration funding and eligible reimbursement for the Public Assistance Program
▪ Logistics
 Identify and describe how the City of Kingsburg identifies resources needed based on the hazard
 Resource requests and coordination and process
 Summarize local specialized capabilities and shortcomings and how children, people with disabilities, and others with access and functional needs are served  Identify all NGOs, private agencies, or companies that can support The City of Kingsburg to include any MOAs, MOUs, or contracts currently in place Task 2-H: Plan Development and Maintenance
Triton will develop an overall approach to continually maintain the EOP to include, but not limited to:
▪ Describe the planning process and how planners coordinate development and revisions of the EOP to specific positions
▪ Develop a training program, evaluating, reviewing, and updating the EOP on a defined periodic basis and how to document when the plan is changed ▪ Summarize how other jurisdictions review and coordinate the plan and are consistent with other local and regional EOPs
▪ Describe how the City of Kingsburg and other agencies each provide equitable treatment in the community
▪ Identify how the plan is distributed and how the public can access the plan 2022-03-02
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Task 2-I: Authorities and References
Triton will review all documents that provide the legal basis for emergency operations and activities to include, but not be limited to:
▪ Develop any forms needed to meet legal requirements, including a Disaster Declaration Form
▪ Acronyms and definitions
▪ Index
Section Three—Continuity of Operations Plan (COOP)
Triton will develop specific steps to ensure that critical city business functions are available to residents, customers, government agents, regulators, and other entities that must have access to those functions during a disaster recovery period. Steps to include but are not limited to:
▪ Prevention: Identification and specific actions to protect and ensure availability of Kingsburg’s critical municipal functions and any deterrents to prevent unavailability. ▪ Mitigation: Reduce the chance of the unavailability of municipal functions or reducethe damaging effects of unavoidable emergencies.
▪ Preparedness & Training: Kingsburg’s ability to respond when a disaster occurs and the training of staff.
▪ Response: Plans that enable efficient coordination of resources and response action tocarry out immediately before, during, and after the Emergency Operations Plan has begun with the focus on municipal functionality. ▪ Recovery: Starts after the Emergency Operations Plan has begun and life/safety matters have been stabilized with the goal to bring the affected area back to a degree of normalcy.

Task 3-A: Identify Essential Functions
Triton will engage the community and the City of Kingsburg to identify the essential functions needed to provide services during an event where a COOP is required. ▪ Conduct a risk assessment that identifies the threats and hazards Kingsburg faces, how the threats and hazards affect the community, the likelihood of occurrence, and the overall risk value of the threats and hazards.
▪ Conduct a business process analysis to identify and document activities and tasks performed by the City.
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▪ Conduct a business impact analysis to identify the vulnerability of essential functions, the impact if the essential functions are disrupted, and the timeframe for unacceptable loss of functions and critical assets.
▪ Identify and prioritize essential functions that must continue to operate during an emergency to include how quickly a task or activity is resumed, the impacts of not resuming the tasks or functions, and the organizational leadership’s preference and discretion.

Task 3-B: Identify Mitigation Options
Triton will identify options to manage risks to include, but not limited to, implementing structural changes, hardening infrastructure, creating redundancy, and geographical dispersion of Kingsburg’s daily operations.
▪ Identify alternate locations where the essential functions can continue ▪ Identify what functions can be performed by telework
▪ Develop a devolution plan that transfers statutory authority to other designated agencies or staff to maintain essential function
▪ Identify and determine if mutual aid agreements are available to assist Kingsburg to maintain essential functions
Task 3-C: Identify Key Elements
Triton will identify the key elements Kingsburg needs to implement their COOP ▪ Employees
 Human Resources
 Orders of Succession
 Delegations of Authority
▪ Technology
 Essential Records
 Critical Systems
Task 3-D: Plan and Implement Options and Elements
Triton will develop a COOP implementation plan for Kingsburg to resume essential functions quickly when changing from normal operations. The continuity phases will include:
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▪ Readiness and Preparedness
 Development, review, revision of plans, to include reconstitution and recovery plan
 Testing, training, and exercise activities
 Risk management includes identifying mitigation strategies  Incorporate readiness postures and preparedness measures into daily activities  Provision of guidance to all staff
▪ Activation: Triton will develop an activation plan and procedures to implement its essential functions to include:
 Occurrence of an incident or the threat of an occurrence  Determining when to activate the COOP when normal operations are impacted  Alerting and notifying personnel, devolution and mutual aid partners, alternate operating facilities, subordinate and headquarters organizations, all employees, and other stakeholders
 Implementing continuity strategies, such as relocating to alternate locations, devolving, or activating mutual aid agreements
▪ Operations: Triton will develop a plan for the essential function to continue to include:
 Perform essential function
 Accounting got personnel, including identifying available leadership  Establishing communication with internal and external stakeholders, including the media and public
 Provide guidance to all personnel
 Preparing for recovery
▪ Reconstitution: Triton will develop a process to return to normal operations to include:
 Assessing facilities to determine if it needs to be repaired or replaced  Assessing the status of personnel and their availability to return to work for normal operations
 Verify all systems at each facility is operable and able to perform all functions to provide essential services
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 Implementation of a priority-based approach to reestablish essential functions at an alternate facility while continuing non-essential functions at the primary until transitioning from one location to another
 Supervision of the return of operations, personnel, records, and equipment to their primary or new facility
Section Four—Functional Annexes
Triton will develop functional annexes describing the City of Kingsburg’s policies, processes, roles, responsibilities, and other partner organizations before, during, and after an emergency.

Task 4-A: Develop Functional Annexes
Triton will review and develop the following annexes, but not limited to those listed in FEMA CPG 101:
▪ Basic Plan—Organized by ESF/RSF
▪ Primary and support annexes to include
 Functional Annexes
 Hazard/Threat Specific Annexes
 Human-Caused Incidents
 Natural Hazards
 Technological Hazards
 Others as appropriate for the jurisdiction, such as major planned events ▪ Other concepts such as Community Lifelines that bring together similar groups to support response planning and operations and during the recovery process Section Five—Training and Tabletop Exercise
Triton will develop and conduct training on the new EOP and COOP. The training is designed to orientate employees and stakeholders to the plans and how they interact during an event.

Task 5-A: Develop and Facilitate a Virtual Seminar for New EOP and COOP Triton will develop and facilitate a virtual seminar for participants that provides an overview of the new EOP and COOP.

Task 5-B: Provide Training by Function Areas
Triton will provide training for the personnel involved with the EOP and how the different functions interact during an activation. Triton will utilize the planning team, including City 2022-03-02
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of Kingsburg officials, to assist in the development of the EOP training program. The training class will be conducted on-site unless COVID-19 restrictions prohibit this option.

The training will utilize the updated EOP to review and train staff in the functional areas. ▪ Provide specific training for Command, Operations, Logistics, Finance, and Admin Support before the tabletop exercises
Task 5-C: Develop Tabletop Exercise of the New EOP
Triton will develop a tabletop exercise using resources and metrics as outlined in the Homeland Security Exercise and Evaluation Program (HSEEP) and based on the specific needs of Teton County, utilizing an experienced team of subject matter experts:
▪ Provide 2–4-hour tabletop exercises
▪ Develop and provide a summary of each exercise planning meeting and distribute electronic copies within 10 business days following each exercise planning meeting ▪ Develop and provide electronic copies of the exercise situation manual for the Exercise Planning Team and provide electronic copies for each position in the tabletop exercise
▪ Develop and deliver an action/improvement plan document based on outcomes from the tabletop exercise within 15 days of the exercise Task 5-D: Facilitation of EOP Tabletop Exercise
Triton will provide the logistical support for the tabletop to allow all senior City of Kingsburg officials to participate.
▪ Provide three facilitators for the tabletop exercise of the new EOP ▪ Utilize administrative staff from the City of Kingsburg to scribe during the exercise to assist facilitators
▪ The tabletop exercise will be conducted in-person with City of Kingsburg staff unless prohibited by COVID-19 restrictions
Section Six—Development, Review, & Presentation of the EOP Task 6-A: Development & Review of the Draft Report
Triton will develop and produce an electronic version of the draft written report for technical review by the City of Kingsburg representatives. This feedback is an essential aspect of this project, and Triton will provide adequate opportunities for review and discussion of the draft report before finalization. The report will include:
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▪ Clearly designated recommendations
▪ Detailed narrative analysis of each report element written and presented in sections with explanatory support to ensure an understanding by all readers ▪ Charts, graphs, GIS maps and analyses, and diagrams, where appropriate Task 6-B: Publication of the Final Plans
Following a final technical review and approval by the City of Kingsburg, Triton will provide a total of ten printed and bound copies and an electronic version (PDF format) of the report.

Task 6-C: Presentation of the Final Plans
Triton will conduct a final presentation of the report to representatives of the City of Kingsburg and any other individuals or groups as requested. The presentation will include:
▪ A summary of the nature of the report, methods of analysis, primary findings, and critical recommendations
▪ An audio-visual presentation of the study
▪ A review and explanation of charts, graphs, diagrams, and maps, where appropriate
▪ Opportunity for questions and answers
All presentation materials, files, graphics, and written material will be provided to the City of Kingsburg after the presentation(s).
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ATTACHMENT 2
Payment Terms
The Client agrees to pay Consultant an amount not to exceed sixty-four thousand eight hundred fifty-two dollars ($64,852) for services performed pursuant to the Scope of Services (Attachment 1). Upon execution of the Agreement, the Client agrees to pay 10% ($6,485.20). Subsequent payments will be based on monthly invoicing as work progresses.

Any alteration or deviation from the described work that involves extra costs will only be performed by Consultant after written request by the Client. The parties must agree in writing upon any extra charges billed at the following rates:
$190/hour for Senior Project Manager
$135/hour for other consultants
Any additional travel expenses
Contact information for billing purposes is as follows:

CLIENT: City of Kingsburg
Attn: Daniel Perkins, Fire Chief
1401 Draper
Kingsburg, CA 93631
Phone: 559.897.6531
Email: [email protected]

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AP AGENDA ITEM: PGE Easement at 1463 Draper Street– Magosh Brewery ACTION REQUESTED: ___Ordinance ____Resolution __√__ Motion Receive/File

EXECUTIVE SUMMARY
In 2018, the City approved Site Plan Review 2018-03 for establishment of a microbrewery at 1463 Draper Street. The project requires an upgraded electrical service which will include a new underground electrical feed from the alley behind the property. The electrical feed alignment crosses a corner of the City’s adjacent parking lot prior to connection to the new electrical service enclosure at the rear of the building.

Pacific Gas & Electric (PGE) is requesting an easement be granted from the City to PGE such that the electrical service line can be installed and maintained thereafter. The easement would not restrict use of the City’s property and will allow for the successful completion of the project.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve Easement Deed for electrical service to 1463 Draper Street.

POLICY ALTERNATIVE(S)
The Council could choose to deny the request for granting of the easement.

REASON FOR RECOMMENDATION/KEY METRIC
Increase Retail Opportunities.

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHMENTS

1. Easement Deed
Meeting Date: 03/16/2022
Agenda Item: 5.5
FISCAL IMPACT:

1. Is There A Fiscal Impact? No.

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2216-22- EASEMENT DEED

CITY OF KINGSBURG,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Kingsburg, County of Fresno, State of California, described as follows:
(APN 396-071-06T)
The southeasterly 10 feet of Lot 23 and Lots 24 through 26 of Block G as shown upon the map entitled “Amended Plat of Kingsburg” filed for record April 3, 1888 in Book 3 of Plats at page 59, Fresno County Records; excepting therefrom the southeasterly 2 ½ feet of the northeasterly 100’ of said Lot 26.

The easement area is described as follows:

The parcel of land outlined by heavy dashed lines on the print of Grantee's Drawing No. 35074082-2 attached hereto and made a part hereof.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Utility Distribution Easement (02/2020)
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “A”, attached hereto and made a part hereof.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

CITY OF KINGSBURG
By_________________________________
Name:

Title:

By__________________________________
Name:

Title:

I hereby certify that a resolution was adopted on
the _______day of _____________20___, by the
_______________________________________
authorizing the foregoing grant of easement.

By_____________________________________
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”

GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.

Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.

By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.

Attach to LD: 2216-22-
Area, Region or Location: 4
Land Service Office: Fresno
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.16.22.26.44
FERC License Number: N/A
PG&E Drawing Number: 35074082-2
Plat No.: 1622262
LD of Affected Documents: N/A
LD of Cross Referenced Documents: 2216-22-0451
Type of interest: Electric Underground Easements (4), Utility Easement (86) SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35074082, OPER#: 1110
JCN: N/A
County: Fresno
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: JJWm
Checked By: M5Cf

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AP AGENDA ITEM: Final Tract Map 6141
ACTION REQUESTED: ___Ordinance __√__Resolution __√__ Motion Receive/File

EXECUTIVE SUMMARY
The applicant, Joseph Crown Construction and Development Inc., a California Corporation, is proposing to develop a 44-lot residential subdivision west of 10th Avenue and south of Kamm Avenue. Prior to beginning the construction of the project, the City Council must approve the final subdivision map and authorize the City Manager to enter into the subdivision agreement.

A tentative subdivision map was approved by the City of Kingsburg for this project in March 2018. The applicant has complied with the conditions of approval of the tentative tract map and has paid development fees in accordance with City fee resolutions.

The subdivision is zoned residential and complies the North Kingsburg Specific Plan and the City’s General Plan.

RECOMMENDED ACTION BY CITY COUNCIL

1. Adopt resolution No. 2022-020 approving the final map for Tract 6141 accepting on behalf of the public the streets and easements as offered on the map in accordance with the terms of the dedications.

2. Authorize the City Manager to execute the Subdivision Agreement on behalf of the City, subject to review as to form by the City Attorney.

POLICY ALTERNATIVE(S)
Council could choose to deny approval of the final map if findings could be made that the map is not in substantial conformance with the tentative map or the conditions of approval of the tentative map.

REASON FOR RECOMMENDATION/KEY METRIC
Staff has determined that the map is in substantial conformance with the tentative map and the conditions of approval.

FINANCIAL INFORMATION
Meeting Date: 03/16/ 2022
Agenda Item: 5.6
FISCAL IMPACT:

1. Is There A Fiscal Impact? No.

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

FINANCIAL SUMMARY
None.

PRIOR ACTION/REVIEW
Tentative Tract Map 6141 was previously approved by the City Council.

BACKGROUND INFORMATION
The applicant, Joseph Crown Construction and Development Inc., a California Corporation, is proposing to develop a 44-lot residential subdivision located west of 10th Avenue and south of Kamm Avenue. Prior to beginning the construction of the project, the City Council must approve the final subdivision map and authorize the City Manager to enter into the subdivision agreement.

A tentative subdivision map was approved by the City of Kingsburg for this project in March 2018. The applicant has complied with the conditions of approval of the approved tentative map. A subdivision agreement has been prepared for the development because the off-site improvements have not yet been constructed. The subdivision agreement requires that the applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which they have done. The subdivision agreement also sets forth the development fees that the applicant must pay the City prior to the delivery of the final map to the County Recorder.

The applicant has submitted the public improvement plans and the final map to the City, which have been reviewed and approved by the City Engineer. The Council must accept the final map unless they can site deficiencies in the final documents.

The applicant has paid development fees as described above and in accordance with City fee resolutions. These fees will provide for review costs by the City and other capital improvement requirements.

The subdivision is zoned residential, and complies with the North Kingsburg Specific Plan and the City’s General Plan.

ATTACHED INFORMATION:
• Resolution No. 2022-020
• Final Map 6141
• Subdivision Agreement
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )
(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION NO. 2022-020

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG
APPROVING TRACT 6141
WHEREAS, the Subdivision Agreement for Tract 6141, has been approved and executed by the developer, Joseph Crown Construction and Development Inc., a California Corporation and WHEREAS, all required City fees have been paid and bonds furnished to guarantee the construction and warranty of the required subdivision improvements; and WHEREAS, the presence of the City Engineer’s and Planning Commission Secretary’s signatures on the final tract map indicates that the final map substantially conforms to the tentative tract map previously approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council of the City of Kingsburg hereby approves the Final Map for Tract 6141, subject to final approval by the City Engineer, with any and all conditions which were imposed at the time of approval of the tentative map and;
BE IT FURTHER RESOLVED:

That the City Council of the City of Kingsburg hereby authorizes the City Manager to execute the Subdivision Agreement for Tract 6141, on behalf of the City, subject to review as to form by the City Attorney, and review as to content by the City Engineer. ******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 16th day of March 2022, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Abstain: Councilmembers:

Abigail Palsgaard, City Clerk
City of Kingsburg

Sudivision Agreement 6141 Page 1

CITY OF KINGSBURG

SUBDIVISION AGREEMENT
TRACT NO. 6141
THIS SUBDIVISION AGREEMENT ("AGREEMENT") is made and entered into this ____ day of _________, 2022, by and between Joseph Crown Construction and Development Inc., A California Corporation ("SUBDIVIDER"), and the City of Kingsburg, a Charter City ("CITY").

RECITALS
A. The SUBDIVIDER has presented to the CITY a final map of the proposed subdivision of certain real property located within the city limits of the CITY, and more particularly described in the Final Map and identified as Tract No. 6141 ("Subdivision"). The real property is to be developed pursuant to approved improvement plans for Tract 6141 by the City Engineer. SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon and to otherwise approve the Final Map in order that the same may be recorded as required by law.

B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of the streets and public improvements and easements as delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires and deems as necessary for the public use that any and all streets, public improvements and easements delineated and shown on the Final Map shall be improved by the construction thereof and the installation of the improvements specified in this Agreement.

C. Certain public improvements are required to be made by SUBDIVIDER in accordance with the approved tentative map of the Subdivision and have not yet been completed Section 66462 of the California Government Code provides, as a condition precedent to the approval of the Final Map, that the City shall require the SUBDIVIDER to enter into an agreement to complete said public improvements.

D. Section 16 of the Kingsburg Municipal Code, requires the SUBDIVIDER to enter into an agreement with the CITY to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with Section 16 inclusive of the Kingsburg Municipal Code, which Sections by this reference are incorporated into this Agreement made a part hereof.

NOW THEREFORE, it is hereby agreed as follows:

1. Improvements. SUBDIVIDER shall construct and install all public improvements in the Subdivision as identified in the approved improvement plans by the City Engineer and as specified on the Final Map in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the tentative map of the Subdivision, the Kingsburg Municipal Code, all applicable laws, codes and regulations as determined by the City Engineer and the terms and conditions of this Agreement (collectively “Work”). In accordance with Section 16 of the Kingsburg Municipal Code, all of the Improvements shall be completed no later than twelve (12) months after the recording of the Final Map and commencement of construction.

The SUBDIVIDER shall notify the City Engineer in writing two weeks (14 calendar days) prior to the commencement of construction activities. The City Engineer will then document in writing

the beginning of the construction period. Request to extend the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of said twelve (12) month period and shall include facts to support the extension of time for completion as required by the City Engineer. Only the City Council shall have the authority to extend such time period. The extension period shall not exceed three (3) months.

Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required Work has been completed, the City Engineer shall inspect such Work and, if the Work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Kingsburg Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the public improvements are ready for acceptance by the CITY.

2. Inspection. The CITY shall inspect all work in accordance with Section 16 of the Kingsburg Municipal Code, including the SUBDIVIDER'S conformance with the CITY’s standard specifications and any and all applicable conditions, standards or requirements, including, without limitation, all conditions, standards or requirements identified at the preconstruction conference held prior to commencing the Work.

As part of the inspection process, SUBDIVIDER shall retain, at its sole cost and expense, a materials testing company to perform any testing or retesting of the Work as required by the City’s Department of Public Works and/or Building Official. The materials testing firm must be approved by the CITY before any testing or retesting begins. The City's Inspector shall designate the locations for compaction tests, and shall observe all testing procedures. In addition to street areas, compaction testing shall be performed in building pad areas.

The SUBDIVIDER’S Engineer shall check the grade of all streets prior to surfacing and shall, prior to surfacing, provide written confirmation to the City’s Department of Public Works that the street grades conform to the approved grades. In the case of asphalt concrete surfacing, the SUBDIVIDER’S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at the time all surfacing is performed.

SUBDIVIDER shall construct all required improvements in accordance with the applicable improvement plans and specifications. Where concrete curbs and gutters are required and where driveway approaches are not constructed at the time curbs and gutters are constructed, the curb and gutter shall be continuous.

CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIVIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify, in writing, that all corrections have been completed and request a final inspection. Upon finding that all items have been corrected and receipt of as-built improvement plans, the Subdivision shall be placed on the City Council agenda for acceptance.

The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibility of correcting any deficiency not shown on the deficiency list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for improvements constructed after the stated date of completion, the SUBDIVIDER must pay said additional fees and costs prior to acceptance by the City Council of the improvements.

3. Costs and Fees. The SUBDIVIDER shall be responsible for all costs and expenses associated with the Work, including, without limitation, the costs identified in the Improvement Cost Estimate attached hereto and made a part hereof and identified as Exhibit "A" to this Agreement. SUBDIVIDER agrees to all amounts identified on Exhibit “A” and agrees to pay when due, all amounts identified on Exhibit “A”, including, without limitation, all CITY engineering and inspection fees.

4. Security. SUBDIVIDER agrees to furnish security, which complies with Section 66499 et. seq. of the California Government Code, and in such amounts as are required by the CITY, to guarantee the faithful performance of this Agreement including, without limitation, the construction of the Improvements and completion of the Work, and to guarantee payment to contractors, subcontractors, laborers, material men and other persons involved in the performance of the Work. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may be released in whole or in part in the following manner:
(a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual items of the Improvements and Work, may be released, or the required surety amounts may be reduced, as work is satisfactorily completed and accepted by the CITY.
(b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials, or equipment, may be released if claims including, without limitation, stop notices, have not been filed.
(c) Twenty-Five percent (25%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion for the SUBDIVISION has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than twenty-five percent (25%) of the Improvement Cost Estimate identified in Exhibit "A" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion for the Subdivision.

In accordance with Section 16 of the Kingsburg Municipal Code, the SUBDIVIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are not part of the Improvement Cost Estimate set forth in Exhibit "A".

No final map shall be signed by the City Engineer or recorded until all improvement securities required by Section 16 of the Kingsburg Municipal Code and this Agreement have been received and approved by the CITY. The form of securities shall be one or the combination of forms as approved by the CITY.

5. Liability. As a condition precedent, and prior to commencement of the Work to be performed pursuant to this Agreement, SUBDIVIDER shall furnish the CITY with a certificate of insurance with a separate endorsement evidencing the following insurance coverages:

Commercial and general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Such insurance shall include products/completed operations liability, owners and contractors protective blanket contractual

liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents and Peters Engineering Group as additional insureds; and be primary with respect to any insurance or self-insurance programs maintained by the CITY, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors of the SUBDIVIDER, and arising out of or in any way connected with the Work which is the subject of this Agreement. Such policy or policies of insurance shall specifically provide that the CITY shall receive at least thirty (30) days prior to written notice of any cancellation of such policy or policies. Any such notice shall be sent to the attention of the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the Work which is the subject of this Agreement, whether liability is attributable to the SUBDIVIDER or to the passive or active negligence of the CITY. The insurance shall be in effect on the date of this Agreement and shall expire no sooner than one year after the date of recordation of the Notice of Completion for the Subdivision. The cost of providing all required insurance shall be borne solely by the SUBDIVIDER.

All such insurance shall provide coverage for SUBDIVIDER’s obligations of indemnification as set forth in paragraph 6 of this Agreement.

The expiration or proposed cancellation of any such insurance polity or policies, for any reason whatsoever, shall constitute a material breach of this Agreement.

6. Indemnification. SUBDIVIDER hereby agrees to and shall protect, indemnify, defend and hold harmless the CITY and all officials, officers, agent, representatives and employees and Peters Engineering Group from and against any and all liability, loss, claims, expenses, or damages of whatsoever kind or character, including attorneys fees and costs of all types, in any way arising out of, or in any way related, directly or indirectly to the Work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIVIDER, SUBDIVIDER'S independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the CITY or its officials, officers, employees, contractors, representatives, and agents while acting within the scope of their duties and regarding, in any way, the Work to be performed pursuant to this Agreement. These indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there is insurance policies covering the applicable damages, claims, or liability.

This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction of the Improvements and completion of the Work.

SUBDIVIDER agrees that the use of any and all public streets and improvements, which are part of the Subdivision, shall be, at all times prior to the final acceptance by the CITY, the sole and exclusive risk of the SUBDIVIDER.

7. Permits and Compliance. Should SUBDIVIDER be required to perform any Work within any public rights-of-way or easements, which are located beyond the Subdivision limits, including work located adjacent to said subdivision, SUBDIVIDER shall satisfy any and all requirements necessary to obtain an encroachment permit from the CITY or any other agency.

The SUBDIVIDER shall install underground, all gas main services, telephone, cable television, and electrical lines, and all electrical transformers, splice boxes, pull boxes, and other existing facilities providing service to within the limits of this Subdivision.

SUBDIVIDER agrees to make all financial arrangements with Pacific Gas and Electric, Southern California Gas, Comcast Cable, AT&T, and any other applicable utility company, to guarantee the installation of all utilities and services to the Subdivision. Copies of all agreements and written evidence of these financial arrangements shall be furnished to the CITY along with a composite underground utility plan prior to beginning construction of the Improvements related to the subdivision.

SUBDIVIDER shall make arrangements for the relocation of all overhead and underground public utility facilities along the frontages or that interfere with the construction of the Improvements or is required as a condition of approval. The SUBDIVIDER shall be responsible for the full cost of relocating such utilities and facilities.

The SUBDIVIDER shall repair any damage to public streets or other public property or improvements, which results from, or is incidental to, the construction of the Improvements, or in lieu of making such repairs, the SUBDIVIDER shall pay to the CITY the full cost of such repairs.

Building permits for individual lots of the Subdivision will be issued in accordance to

16.42.040 of the Municipal Code
In accordance with Section 16 of the Kingsburg Municipal Code, construction methods and materials for all Improvements shall conform to the standard plans and specifications of the CITY. Construction shall not commence until required improvements plans have been approved by the City Engineer and payment of all fees have been received by the CITY.

The Improvements shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other applicable codes, rules or regulations of the CITY and the State of California.

The SUBDIVIDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. If in the opinion of the City Engineer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by the City Engineer.

The SUBDIVIDER shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act ("OSHA"). On site inspection of the work will be requested of OSHA officials and all work subject to this Agreement shall immediately stop if, in the opinion of the City Engineer, any such work is being performed in violation of OSHA, or when appropriate safety measures are not being utilized for the Work.

SUBDIVIDER shall be responsible for obtaining an NPDES permit for construction sites in excess of one acre, and shall develop a dust control plan and erosion control plan to mitigate soil migration from the Subdivision. SUBDIVIDER shall be responsible for soil and erosion control throughout the one-year warranty period called for in this Agreement. The SUBDIVIDER shall sweep the streets and alleys within the subdivision periodically throughout the one-year warranty period, at a minimum frequency of once per month.

The SUBDIVIDER and its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the Work, and for any and all work or labor associated therewith and for all amounts due under the worker's compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of California or the United States with respect to such work or labor, including, without limitation, as required by Section 3200 of the California Labor Code and Section 4200 of the California Government Code.

The SUBDIVIDER shall provide and plant one street tree per lot at a location approved by the City’s Building Official. The trees shall be planted at the time the dwelling unit on the lot is occupied and shall be selected from a street tree list provided by the CITY. Trees shall be furnished with root barriers and watered via a City approved irrigation system for each lot.

The SUBDIVIDER shall install streetlights in the Subdivision. A streetlight plan shall be submitted to the City Engineer for review and approval. Streetlights shall be furnished and installed in accordance with CITY, PG&E and Caltrans’ standards. The street lighting system shall become the property of the CITY upon completion and acceptance of the work, without further consideration to SUBDIVIDER. SUBDIVIDER’S contract with PG&E (“PG&E” Contract”) for the furnishing of electrical power to the Subdivision shall specifically state that all streetlights shall become the property of the City. Each street light shall be furnished with an electrical pull box and grounding rod. The SUBDIVIDER shall number the street light poles in accordance with PG&E requirements. The PG&E Contract shall identify a maintenance rate schedule for the streetlights of LS2C. All street light boxes shall be equipped with an approved anti-theft device.

Fencing improvements shall be constructed in accordance with City Standards, with appropriate fencing offsets to be provided for sanitation and garbage collection service to each lot, including allowance for approved number and/or style of garbage cans, green waste, and recycling containers. Fencing improvements shall be constructed in such a manner as to eliminate any dirt strip between the fence and the adjacent alley. Where framing improvements face the alley, the SUBDIVIDER shall construct a concrete mow strip in accordance with City standards between the fence and the alley paving.

The SUBDIVIDER shall furnish to the CITY a set of reproducible as-built plans for all street improvements (“Street Plans”). The Street Plans shall be original ink on vellum or mylar media.

The Street Plans shall include the location of all underground utilities, finished grades for all curb returns and building pads. The SUBDIVIDER'S engineer shall provide a copy of the tract, in digitized format (AutoCAD 2021 or equivalent format as approved by the City Engineer) to the City prior to final acceptance of the Improvements and Work by the City.

Prior to commencement of any work within the right-of-way not included in the improvement plans, or any work performed within an existing maintained road, a permit must be obtained from the City Public Works Department. Said permit may, amongst other things, specify alternate schedules for completion of the work within existing rights-of-way. The purpose of these alternate schedules shall be to minimize the impacts on adjacent residents and traffic during the construction period. The conditions of the permit may require the contractor to provide written notification to the adjacent property owners about the work, including a listing of emergency telephone numbers.

In the event an extension is granted to the time within which all work is to be completed on this subdivision as provided herein, the SUBDIVIDER hereby agrees that he will comply with all the applicable improvement standards in effect at the time of said extension.

The grading on the lots shall conform to the grades shown on the Grading Plan and Improvement Plans. SUBDIVIDER shall hold the CITY harmless from any damages that may result from flooding of any structures on the finished lots.

Prior to the acceptance of the work and release of the security on this tract, the SUBDIVIDER shall provide to the CITY a certification from his engineer that all work performed within this tract conforms with the approved plans and the recommendations contained in the Project Geotechnical/Soils Report. A certification shall also be furnished by the SUBDIVIDER’S Engineer that all utility trenches have been uniformly compacted to the percentages specified in the City Standards.

The SUBDIVIDER shall cause to be placed by authorized persons all survey monuments and lot corners as shown on the final map prior to acceptance of the subdivision by the CITY. A deposit shall be provided to the City to guarantee this installation.

Prior to the acceptance of the Work and release of the security, the SUBDIVIDER shall provide to the CITY a certification from its engineer that all work and the construction and installation of all Improvements conform with the approved plans for the Subdivision and the recommendations contained in the Preliminary Soils Reports. A certification shall also be furnished by the SUBDIVIDER’S engineer that all utility trenches have been uniformly compacted to the percentages specified in the City Standards.

8. Other Conditions. The SUBDIVIDER shall annex the Subdivision to the City’s Lighting and Landscape Maintenance District for the provision of maintenance of the street lights and landscaping within the public right-of-way. The SUBDIVIDER shall provide a signed and notarized covenant and consent for annexation of the Subdivision to the Lighting and Landscape Maintenance District. The SUBDIVIDER shall notify every potential buyer of lots within the Subdivision that the Subdivision is part of a Lighting and Landscape Maintenance District. The SUBDIVIDER shall provide the City with a signed copy of such notice indicating acceptance of the notice by the buyer.

9. Scheduling. It shall be the responsibility of the SUBDIVIDER to coordinate all Work performed by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability of one contractor or subcontractor operation delays another. In no case shall representatives of the CITY be placed in the position of making decisions that are the responsibility of the SUBDIVIDER. It shall further be the responsibility of the SUBDIVIDER to give the City Engineer written notice not less than fourteen (14) calendar days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Engineer may cause delay for which the SUBDIVIDER shall be solely responsible.

10. Soil and Dust Control Provisions. The SUBDIVIDER is responsible for arrangement for and payment of all CITY required soil tests at locations as determined by the City Engineer. Payment for said tests shall be made directly by the SUBDIVIDER to the certified testing firm of the SUBDIVIDER'S choice.

Adequate dust control shall be maintained by the SUBDIVIDER on all streets and areas, including, without limitation, undeveloped lots within the Subdivision and all streets outside of the Subdivision, from the time Work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision.

Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets, or other areas of the Subdivision, the City Engineer shall give notice to the SUBDIVIDER to comply with these provisions, or, at the election of the City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personal of the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees to pay to CITY, upon receipt of the billing therefore, the entire cost to the CITY of such dust control.

When the surfacing on any existing street is disturbed, SUBDIVIDER shall immediately replace the surfacing with temporary surfacing and permanently pave the existing street within fourteen (14) calendar days thereafter. All streets shall be maintained in a safe and passable condition at all times between the commencement of construction of Improvements and final completion thereof.

11. Reimbursement. If the City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or Development Impact Fee credit because of the construction of certain Improvements or the oversizing thereof, SUBDIVIDER must request payment of the cash reimbursement or preparation of a reimbursement agreement, whichever is applicable, or the Development Impact Fee credit. Such request must be made in writing and received by the City Engineer prior to the date of final acceptance of all Improvements by Kingsburg City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIVIDER forever waives it’s right to request and receive any reimbursement, reimbursement agreement or Development Impact Fee credit.

All such requests for reimbursement shall be prepared and submitted in accordance with City requirements and include the following:
i. One complete copy of all awarded bid for Work that is the subject of SUBDIVIDER’s reimbursement request, together with a copy of any other unsuccessful bids the SUBDIVIDER received (the SUBDIVIDER is not required to obtain more than one bid) and documentation sufficient, as determined by the CITY, to demonstrate that the unit costs for both reimbursable and nonreimbursable work items of similar scope are identical; ii. Completed "Requested Reimbursement Schedule";
iii. Completed, reproducible as-built drawings;
iv. Certification, signed by the SUBDIVIDER, its engineer, and its contractor attesting that the Work and Improvements are complete and that no future reimbursement claims will be forthcoming; and

v. If the awarded bid was significantly higher than the customary unit cost for a specific item or at the request of the City, the developer shall submit a written narrative explaining why the awarded bid was used and why the SUBDIVIDER should be reimbursed at a rate higher than the customary rate.

Tract 6141 includes the following improvements that will be eligible for reimbursement after construction of the improvements and dedication of property on which those improvements have been constructed.
i. Park Improvements (infrastructure only).

12. Prevailing Wage Laws, Rules and Regulations. SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations applicable to the Subdivision, the Work and the Improvements. Unless otherwise advised in writing by the CITY, SUBDIVIDER shall be solely responsible for making any and all decisions regarding the payment of prevailing wages for any portion or aspect of the Subdivision, Work or Improvements, including, without limitation, any form of reimbursement by the CITY to the SUBDIVIDER or any contractor. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against SUBDIVIDER, any contractor, or the CITY as a result of failure to pay prevailing wages.

SUBDIVIDER shall defend, indemnify and hold harmless the CITY, its officials, officers, employees, representatives, agents, attorneys, and Peters Engineering Group from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney’s fees arising out of, resulting from or in any way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, the Work or the Improvements.

SUBDIVIDER’s obligation to defend, indemnify and hold the CITY harmless specifically includes, but is not limited to, any suit or administrative action against the CITY which claims a violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements.

SUBDIVIDER’s obligations to defend, indemnify and hold the CITY, its officials, officers, employees, representatives, agents, attorneys, and Peters Engineering Group harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any judgments or awards against the CITY for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements and costs of any settlement representing damages, litigation costs and attorney’s fees to be paid to other parties arising out of any such proceeding or suit.

The CITY may, at any time, require the SUBDIVIDER to reimburse the CITY for costs that have been, or which the CITY reasonably anticipates will be, incurred by the CITY during the course of any action. SUBDIVIDER shall reimburse the CITY within thirty (30) days of receipt of an itemized written invoice from the CITY. Failure of the SUBDIVIDER to timely reimburse the CITY shall be considered a material breach of this Agreement. All of the provisions of this paragraph 12 shall survive the completion of construction of the Improvements and completion of the Work.

13. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set

forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promises shall be valid or binding.

14. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

15. Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California for any proceeding arising hereunder.

16. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by SUBDIVIDER without the express prior written consent of CITY, which consent may be withheld in the sole and absolute discretion of CITY.

17. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.

18. Time of the Essence. Time is of the essence of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the ___ day of _______________, 2022.

CITY OF KINGSBURG SUBDIVIDER
KINGSBURG CITY MANAGER Joseph Crown Construction and
Development Inc.

A California Corporation
By: __________________________ By:

Alex Henderson Joseph Crown, President
APPROVED AS TO CONTENT: ATTEST:

By: By:

David Peters, PE Abigail Palsgaard
City Engineer, City of Kingsburg City Clerk, City of Kingsburg

EXHIBIT "A"

IMPROVEMENT COST ESTIMATE
Estimated construction costs used in this Agreement are increased for projected inflation computed to the estimated mid-point of construction.

ESTIMATED

CONSTRUCTION COST
Site Preparation / Miscellaneous
Construction of all rough grading, fencing, and wall improvements as shown on the approved improvement plans and in accordance with City Standards and Specifications. $ 495,200
Sanitary Sewer System
Construction of all sanitary sewerage facilities as shown on the approved improvement plans in accordance with City Standards and Specifications. $ 110,260
Storm Drainage System
Construction of underground cross drains, storm sewerage conductor, $ 116,505 and disposal facilities as shown on the approved improvement plan in accordance with City Standards and Specifications.

Water System
Install all water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $ 206,168
Dry Utilities
Install all gas, electric, telephone, cable, street lights, and other dry utilities as shown on the approved Improvement Plans in accordance with City and Utility Standards and Specifications. $ 263,000 Street & Alley Construction
Construct Type "B" asphalt concrete surfacing, Class 2
aggregate base, curb and gutter, sidewalk, wheelchair ramps, drive approaches, and valley gutter as shown on the approved
Improvement Plans in accordance with City Standards and Specifications. $ 1,019,966
Total Estimate Construction Costs = $ 2,211,099

SECURITY REQUIREMENTS
Performance $ 2,211,099
Labor and Material $ 1,105,550
Warranty $ 552,775
Monumentation Security $ 10,000
Subdivision Fee Schedule.

Fees are subject to change based on current fee schedule at the time of fee payment.

Charges payable prior to time of approval of Final Map and acceptance of Subdivision Agreement by the City Council. Fees Based on 20.62 Acres / 44 SFU.

Final Tract Map Fee ($1,200 + $25/lot) $ 2,300.00
Plan Check & Inspection Fee 1 $ 66,333.00
Storm Drainage Fees ($3,656/Acre) $ 75,386.72
Capital Facilities Fees* ($11,018.25/SFU) $ 484,803.00
Rec Area Acquisition & Improvement* ($1,428/SFU) $ 62,832.00 Sewer Connection Fee* ($/1,141SFU) $ 50,204.00
SUBTOTAL $ 741,858.72
Less Previously Paid Fees $ 0.00
Less Fees Requested for Deferral $ 597,839.00
BALANCE DUE $ 144,019.72
Notes:
1 Fee shown is an additional deposit based upon an estimate. Actual fee to be calculated after subdivision is constructed and prior to acceptance by City Council. Surplus fee deposit will be refunded. In the event initial deposit does not cover the calculated fee, an additional deposit will be required prior to acceptance of the subdivision improvements. * Fee’s may be deferred until time of issuance of Building Permit

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Daniel Perkins, Fire Chief REVIEWED BY: AP AGENDA ITEM: Proposed Changes for Fire Department Reserve Program ACTION REQUESTED: ___Ordinance ____Resolution √ Motion ______Receive/File

EXECUTIVE SUMMARY
To continue the efforts of the Fire Department to provide the best services possible to the community it has become necessary to eliminate the existing Firefighter Reserve Program and replace it with a newer updated version of supplemental staffing: The Kingsburg Fire Department Part-time Firefighter EMT/ Firefighter Paramedic program.

This replacement program better defines the jobs, requirements, hiring, staffing, and training as well as specific items pertinent to a more well-rounded program wherein Part-time employees best serve the current and anticipated needs of the community. The new Part-time Firefighter program aligns the region’s newly trained workforce streams of emergency responders coming from the area’s community colleges- ready to work. This has been proven to be a successful formula for both attracting and maintaining the newest “best-of-the-best” employees at KFD.

Additional changes from the old to new program include:
• removing longevity pay
• placing employees on shifts rather than “working when available,” • providing more flexibility to utilize personnel to best meet the needs of the citizens through broader definitions of assigned work.
• The new program provides for better trained Part-time employees by means of incentivizing certifications that expand emergency response capabilities and service levels for the Kingsburg community.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends the elimination of the existing FF Reserve program and establishing the Part-time firefighter EMT/Firefighter Paramedic Program.

POLICY ALTERNATIVE(S)

1. Not Adopting the recommended actions could prohibit the department from efficiently staffing.

REASON FOR RECOMMENDATION/KEY METRIC

1. Improve Public Safety

2. Ensure Financial Stability
Meeting Date: 03/16/2022
Agenda Item: 5.7

FINANCIAL INFORMATION

FINANCIAL SUMMARY
The current program is budgeted and the positions were identified in the latest salary schedule update.

PRIOR ACTION/REVIEW
N/A

BACKGROUND INFORMATION
Upon my arrival in June of 2019, the old reserve program had many members who either did not attend training, did not respond to calls, and/or did not have current up-to-date certifications for the work that they were performing. Additionally, as a means to retain members a longevity pay portion had been enacted that incentivized the volunteer employee to remain “on the books” to receive the significant longevity pay-outs. The old program was allowed to diminish through new requirements to “perform as agreed” and with these accountability factors in place many old reserves exited the program. Those that stayed were encouraged and rapidly became more attractive long-term candidates with several becoming new Full-time employees.

ATTACHMENTS

1. Old Reserve Program outline

2. New Part-Time Firefighter EMT / Firefighter Paramedic program plan FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 106 & 320 Funds

KINGSBURG FIRE DEPARTMENT

RESERVE FIREFIGHTER PROGRAM
Effective Date: April 1, 2019
Mission:

The Kingsburg Fire Department Reserve Firefighter Program’s primary mission is to:
• Provide the Kingsburg Fire Department and citizens of Kingsburg with supplemental staffing for emergency response and related activities.
• Provide an opportunity to mentor, develop, and prepare candidates who wish to pursue a career in the fire and emergency services.
• Set the highest standard possible in the fire and emergency services through commitment, professionalism and cooperation.

Program Description:

The Reserve Firefighter Program is a part time, at will, paid position with the City of Kingsburg Fire Department. The program is designed to provide supplemental staffing for the department. The program is divided into three levels, each with varying levels of training and certification requirements.

Job Description:

Under general supervision of a Fire Captain, the Reserve Firefighter responds to alarms, rescue and other emergency calls, assists in protecting life and property endangered by fire or other hazards, administers first aid, and participates in fire prevention activities based on his or her skill level. The Reserve Firefighter also participates in regular training, drills and related activities, assists in maintenance of fire stations, apparatus, and equipment, may participate in scheduled public education activities, and performs other duties as assigned.

Minimum Applicant Requirements:

1. Must be at least 18 years of age by date of appointment.

2. High school diploma or equivalent (GED).

3. Firefighter I (FFI) certification or completion of a fire academy with FFI eligibility.

4. Emergency Medical Technician (EMT) with local accreditation.

5. Candidate Physical Abilities Test (CPAT) within the last 12 months prior to appointment.

6. Must possess a valid California State Motor Vehicle Operator’s License by the date of appointment.

7. Clean DMV record with no major violations (DUI, Hit and Run, etc.) and no more than one minor violation during the last 12 months.

Application Process:

1. Submit completed application to Human Resources with Department of Motor Vehicle (DMV) printout.

2. Possess a valid California class C driver’s license.

3. Participate in and pass an oral board interview.

4. Complete Live Scan fingerprint check.

5. Complete and pass a comprehensive background check.

6. Complete and pass medical examination and drug test.

Schedule:

Reserve Firefighters are required to work a minimum of one, 12 hour shift, per month with a minimum of 144 hours and a maximum of 960 hours per fiscal year (July 1st – June 30th). Once 960 hours is reached, the Reserve Firefighter will no longer be able to work until the hours reset to zero on July 1st of the next fiscal year.

Physical:

Must be physically and mentally fit for duty. Applicant must pass physical evaluation by JobCare and be able to complete physical activities during probation. Must possess the strength and stamina to lift and carry equipment and patient weighing up to 165 pounds and be able to operate in a self-contained breathing apparatus.

Reserve Positions:

All candidates must complete a 24 hour Reserve Firefighter Orientation Academy which consists of three (3) Saturday sessions followed by a skills evaluation. Candidates must achieve a passing score on the skills evaluation to become eligible as a Reserve Firefighter.

All reserves will serve a one-year probationary period in which they will be required to complete a Kingsburg Reserve Firefighter Task Book. Failure to complete the assigned task book within the 12-month probationary period will result in expulsion from the Reserve Firefighter Program.

The Firefighter Reserve Program consists of three levels. In order to advance to the next level, a reserve must pass a skills evaluation and a written test. Each reserve will be evaluated on their job performance annually and must remain proficient at their designated level to remain in the program.

Level I
Level I Reserves perform as an entry-level firefighter and must possess a valid EMT-1 card.

Level I Reserves must earn than FF1 certificate within the first 18 months of hire or face expulsion from the reserve program.

Level I Reserves must possess or obtain ambulance drivers certificate within the first 12 months or face expulsion from the program.

Level II
Level II Reserves are those who have a FFI certificate and EMT license, making them eligible to work on any of the designated apparatus per their skill level.

Level III
Level III Reserves are those who have a FF1 certificate (or higher) and a paramedic license making them eligible to function at the highest designated skill level.

Reserves will never promote higher then Level III firefighter and will not drive fire engines or trucks regardless of experience and/or training. A reserve may pick up a 24 hour shift for a fulltime firefighter only if fulltime personnel cannot fill the position. Reserve firefighters can only pick up a fulltime shift 24 hours prior to the scheduled shift, however can be bumped within 12 hours of working this shift by a fulltime employee. Once the 12 hour is exceeded the reserve will be locked in for the shift.

Legacy Firefighters
Legacy firefighters are Reserve Firefighters hired prior to 2019 who have been active in the Kingsburg Reserve Firefighter Program, however don’t meet the current standard as a reserve firefighter. Legacy firefighters are permitted to serve in the capacity commensurate with their level of training and certification.

Compensation:

1. Reserve Firefighters hourly rate is commensurate with their level of training and certification.

2. Reserve Firefighters will be compensated on an hourly rate during peak-hour shifts (Monday -Friday 08:00hrs – 20:00hrs less holidays)

3. Only two (2) Reserve Firefighters shall be compensated per-peak hour shift, however there must be at least (2) reserve firefighters working to receive the hourly rate. Reserve firefighters must be working with a fulltime employee of the fire department when staffing an ambulance. If a reserve is working on a engine he/she will be paid per call and will be acting no higher then a Level III firefighter.

4. Reserves working during non-peak hours and/or weekends will be compensated per call unless working a special assignment at the discretion of the fire chief.

5. Legacy Firefighters shall be compensated on a per call basis and are not counted for peak-hour staffing.

6. Calls that occur in the same hour will not constitute addition pay for that hour.

7. All Level I Reserves will start at the state minimum wage ($12.00) per call/per hour. Reserves will receive a $1.00 per hour rate increase for each advanced level upon earning the required certification(s) and successfully passing the written and skills testing.

Longevity Pay:

Reserve Firefighters are eligible for a longevity payment at the following service levels:
• After 5 consecutive years of service = $500
• After 10 consecutive years of service = $1000
• After 15 consecutive years of service - $1500
• After 20 consecutive years of service - $2000
Training requirements:

The mission of the Reserve Firefighter Program is to provide an increased level of trained personnel to supplement on-duty staffing; therefore all reserves must successfully complete a minimum required training level each year.

Training will be conducted on shift and two Saturday’s a year. Reserves must complete a minimum of four hours of training per month which must be documented by the on duty Captain.

Reserves will be paid for training at their regular compensatory rate for the Saturday training sessions.

Failure to meet this standard will result in expulsion from the Reserve Firefighter Program.

Training Exception:

Reserves who are employed full time at another fire department may submit documentation of up to 24 hours of outside training for approval by the Captain or designee to be counted towards the minimum training requirements.

The remaining 24 hours of training MUST be performed with the Kingsburg Fire Department. Any submission not approved by the Captain or designee within the designated reporting period will not be applied towards the minimum training requirements. Failure to meet the minimum annual training requirements will result in immediate expulsion from the reserve program.

Uniform:

The department will provide one tee shirt, one Class B shirt, and one pair of uniform pants on initial hire, as approved by the Fire Chief.

All reserves will be responsible for purchasing department approved uniform belt and station boots.

Department uniforms and equipment are to be worn/used on duty only and as directed by the on duty Captain or designee.

KINGSBURG FIRE DEPARTMENT

BINDING CONTRACT

FOR RESERVE FIREFIGHTER REIMBURSEMENT OF EQUIPMENT AND TRAINING EXPENSES WHEREAS, the Applicant identified below acknowledges that the City of Kingsburg will incur substantial expenses in the process of training and equipping the undersigned to be a reserve firefighter with Kingsburg Fire Department; and, WHEREAS, it is acknowledged by the undersigned that these Kingsburg Fire Department expenditures are expected to be recaptured through services provided by the Applicant with Kingsburg Fire Department after completion of said training and probationary service that the City will suffer substantial detriment if the undersigned should leave employment during a period of twenty-four (24) months following the completion of all required training and probationary service.

NOW, THEREFORE, it is hereby agreed as follows:

1. Upon completion of probationary service, I agree to serve as a reserve firefighter for a minimum of 24 months and maintain my certifications and qualifications. Failure to do so, will result in the termination of my employment.

2. Reimbursement Obligation. I, ___________________________ in consideration of the agreement by the Kingsburg Fire Department, to hire me and to provide me with formal training, uniforms and equipment, do hereby agree to reimburse the Department for all training and equipment costs, as explained below, if I should voluntarily leave employment with the Department at any time during the period of my employment within twenty-four (24) months following completion of the probationary service period.

3. Calculation of Amount of Reimbursement Required. The reimbursement obligation shall consist of the following expenditures incurred by the Department during the training and probationary service period: the sum of all uniforms and equipment and all other training expenses as delineated by the Department. All uniforms (Less department identifiers) and equipment that require reimbursement shall become the property of applicant.

4. Credit for Continuous Employment. Credit for services rendered will be given against the reimbursement obligation for each one (1) month of continuous full-time employment subsequent to the completion of the entire required probationary period. Any absence(s) from work due to illness(es), non-duty related injury(ies), or other causes for a period of greater than two (2) weeks shall be excluded from the period of services for which credit shall be given.

5. Terms of Reimbursement Payments. Complete payment of the reimbursement obligation, minus credit for continuous employment, is immediately due and payable at the time of resignation. The Applicant further agrees that in the event the Department incurs legal fees, court costs, attorney fees, or other costs of collection in an effort to collect any delinquent sums owing pursuant to this Contract, the Applicant shall pay such expenses in addition to the portion of reimbursement obligation due.

6. Condition of Employment. The Applicant acknowledges by his/her signature below that he/she has received a copy of this Contract. This Contract has been explained to the Applicant in detail, and the Applicant understands the terms of the Contract. The Applicant also understands that he/she has the right to review this document with an attorney of his/her own choosing prior to signing same. The Applicant further understands that this Contract is a condition of employment with the Department; that no employment will be offered to him/her should he/she elect not to abide by its terms or execute same; and that this agreement in no way guarantees applicant any right of continued employment.

7. Savings Clause. The Applicant agrees that should any paragraph, clause, phrase, or sentence within this Contract be declared to be null, void, illegal, invalid, or otherwise unenforceable, the remainder of this Contract shall remain binding upon the Applicant, and the remaining portions of the Contract shall remain and continue in full force and effect.

DATED this ____ day of ____________, 20__. ________________________________ Applicant Signature
1 KINGSBURG FIRE DEPARTMENT

PART-TIME FIREFIGHTER-EMT /FIREFIGHTER PARAMEDIC PROGRAM Mission: the Kingsburg Fire Department Part-Time Firefighter Program’s primary mission is to:
• Provide the Kingsburg Fire Department and citizens of Kingsburg with supplemental staffing for emergency response and related activities.
• Provide an opportunity to mentor, develop, and prepare candidates who wish to pursue a career in fire and emergency services.
• Set the highest standard possible in fire and emergency services through commitment, professionalism, and cooperation.

Program Description:

The Part-Time Firefighter EMT/Firefighter Paramedic Program is a part time, at will, paid position with the City of Kingsburg Fire Department. The program is designed to provide supplemental staffing for the department. The program is divided into Three levels and two types of employees: Part-Time Firefighter EMT and Part-Time Firefighter Paramedic, each with varying levels of training and certification requirements.

Job Description:

Under general supervision of a Fire Captain, or other assigned supervisor the Part-Time Firefighter EMT or Paramedic responds to alarms, rescue and other emergency calls, may be required to drive emergency ambulance apparatus and or department utility and support vehicles in both non-emergency and emergency situations, assists in protecting life and property endangered by fire or other hazards, administers Basic Life Support and or Advanced Life Support and participates in fire prevention activities based on his or her skill and certification level. The Part-Time Firefighter EMT or Paramedic also participates in regular training, drills, and related activities, assists in maintenance of fire stations, apparatus, and equipment, may participate in public education activities community risk reduction efforts, and performs other duties as assigned.

Minimum Applicant Requirements:

1. Must be at least 18 years of age by date of appointment.

2. High school diploma or equivalent (GED).

3. Firefighter I or Firefighter 2 certification or completion of a fire academy with FFI eligibility and /or CSFM reciprocity within 5 years of application.

4. Emergency Medical Technician (EMT) or Paramedic (EMT-P) with local accreditation.

5. Candidate Physical Abilities Test (CPAT) within the last 12 months prior to appointment.

6. Must possess a valid California State Motor Vehicle Operator’s License by the date of appointment.

Commented [RH1]: Added EMT/Firefighter Paramedic
2 7. Clean DMV record with no major violations (DUI, Hit and Run, etc.) and no more than one minor violation during the last 12 months.

Application Process:

1. Submit completed application to Human Resources with Department of Motor Vehicle (DMV) printout.

2. Possess a valid California class C driver’s license.

3. Complete Live Scan fingerprint check.

4. Complete and pass a comprehensive background check.

5. Complete and pass medical examination and drug test.

6. Driver Operator 1A completion preferred.

Selection process:

Successfully complete and pass with a minimum cumulative 80% score:
• A Firefighter/EMT or Firefighter/Paramedic written exam • A Firefighter practical/aptitude test
• An oral board interview with additional points given to those who have successfully completed Firefighter Internships at KFD through cooperative agreements with local community colleges.

Schedule:

Part-Time Firefighters are scheduled to work by the staffing officer(s) and shall be assigned as best as possible to a particular shift or time period that best suits the city’s staffing needs.

Monthly staffing for the Part-Time Firefighter program will be assigned out as far as is practicable and to the best of the department’s abilities allowing for staffing shortages, vacation relief, sick calls, or unforeseen emergencies. *
Most often the Part-Time Firefighter EMT or Firefighter Paramedic will be assigned a 12-hour shift with some limited ability to work a 24-hour shift as the need of the department dictates. The primary mission being to assist staffing the City’s Transport Paramedic Ambulances; However, this does not preclude the assignment to include specialized projects (i.e., hydrants, fire prevention inspections and other duties within the scope of the Purview of the Kingsburg Fire Department and the training of the employee).

Part-Time Firefighter EMT or Firefighter Paramedics are assigned through means of Plan-it or other electronic means to work a minimum of one, 12-hour shift, per month and a minimum of 144 hours per year with a maximum of 24 hours per week* and a maximum of 960 hours per fiscal year (July 1st – June 30th).

Once 960 hours is reached, the Part-Time Firefighter EMT or Firefighter Paramedic will no longer be able to work until the hours reset to zero on July 1st of the next fiscal year. 3 *Emergencies may provide for exigent circumstances requiring greater than 24-hour periods assigned to calls or remaining on duty.

Staffing:

Part-Time Firefighter EMTs or Paramedic Firefighters will be utilized to support departmental efforts to meet the demands of emergency and non-emergency efforts of the department.

Part-Time Firefighter EMTs or Paramedic Firefighters may be scheduled to work in the operations, administration, or community risk reduction divisions at any point in time and with minimal advanced notice.

Only Level II or Level III Part-Time Firefighter EMT or Paramedics are eligible to work in -lieu of other staff members in like positions. This can ONLY occur after all means to hire full time permanent members for required minimums have been exhausted and all paid personnel have refused the open available shift(s). Once scheduled, a Part-Time Firefighter EMT or Paramedic can be “Bumped” by a FullTime departmental member 24 hours prior to the beginning of the shift. After the 24 hour “window” has passed the Part-Time Firefighter EMT or Paramedic has been locked into the staffing position.

At no time shall the Part-Time Firefighter EMT or Paramedic Firefighter replace full-time permanent employees.

Physical:

Must be physically and mentally fit for duty. Applicant must pass physical evaluation by the city’s identified facility or provider and be able to complete physical activities as assigned. Must possess the strength and stamina to lift and carry equipment and patient weighing up to 165 pounds and be able to operate in a self-contained breathing apparatus working in arduous conditions in lowlight, confined spaces, at heights all in extreme weather conditions. Additionally, the Part-Time Firefighter EMT or Paramedic must possess the ability to legally drive a wide variety of emergency vehicles in both emergency and non -emergency conditions and situations.

Part-Time Firefighter EMT or Paramedic Positions:

All candidates must complete a 24-hour minimum Part-Time Firefighter EMT or Paramedic Firefighter orientation which consists of a minimum of three 8-hour sessions followed by a skills evaluation.

Candidates must achieve a passing score on the skills evaluation to become eligible as a Part-Time Firefighter EMT or Firefighter Paramedic.

All Part-Time Firefighter EMT or Firefighter Paramedics will serve a one-year probationary period in which they will be required to complete a Kingsburg Part-Time Firefighter EMT or Firefighter Paramedic Task Book. Failure to complete the assigned task book within the 12-month probationary period will result in removal from the Part-Time Firefighter EMT or Firefighter Paramedic Program. 4 The Part-Time Firefighter EMT or Firefighter Paramedic Program consists of 3 levels. To advance to the next level, The Firefighter EMT/ Firefighter Paramedic must successfully have completed the requirements for each of the levels below. Each Part-Time Firefighter EMT /Firefighter Paramedic will be evaluated on their job performance annually and must remain proficient at their designated level to remain in the program.

A Part-Time Firefighter EMT or Firefighter Paramedic may be eligible, dependent upon their experience and their certifications, to move to level II or III after successful completion of their probationary year.

Most typically, new Part-Time Firefighter EMT or Paramedic Firefighters will begin at Level I.

Level I
Level I Part-Time Firefighter EMT or Firefighter Paramedics performs as an entry-level firefighter and must possess a valid EMT-1 or Paramedic card. As well as all the following:
• Successfully complete the task book portion of the CSFM FF1 certificate within the first 12 months to remain in the program.

Level I Part-Time Firefighter EMT or Firefighter Paramedic must possess or obtain ambulance drivers certificate within the first 12 months of employment.

Level I Part-Time Firefighter EMT or Firefighter Paramedic must possess or obtain Driver Operator 1A certificate within the first twelve months of employment.

Level II
Level II Part-Time Firefighter EMT or Firefighter Paramedic are those who have successfully completed all requirements of level I and currently possess:
• CSFM FFII certificate,
• Driver Operator 1A, 1B, 1C and 1D making them eligible to operate any of the designated apparatus per their skill level.

Level III
Level III Part-Time Firefighter EMT or Firefighter Paramedic are those who have all the required certifications listed above for levels I and II as well as certifications in any one or a combination of the following areas:

Community Risk Reduction: CSFM Inspector I and 2, or Plans Examiner Rescue: CSFM- Confined Space Tech., and Trench Rescue Tech, and Rope Rescue Tech, Hazardous Materials: CSTI HazMat Tech or Haz Mat Specialist Instructor: CSFM Instructor 1 or Instructor 2.
5 Compensation:

1. Part-Time Firefighter EMT or Paramedic Firefighter hourly rate is commensurate with their level of training and certification.

2. All Level I Part-Time Firefighter EMTs will start at the state minimum wage ($15.00 HR)

3. All Level I Part-Time Firefighter Paramedics will start at ($16.00 HR)

4. All Level II Part-Time Firefighter EMTs will start at ($16.00 HR)

5. All Level II Part-Time Firefighter Paramedics will start at ($18.00 HR)

6. All Level III Part-Time Firefighter EMTs will start at ($17.00 HR)

7. All Level III Part-Time Firefighter Paramedics will start at ($20.98 HR) Training requirements:

The mission of the Part-Time Firefighter EMT / Firefighter Paramedic Program is to provide an increased level of trained personnel to supplement on-duty staffing; therefore, all Part-Time Firefighter EMT / Paramedic must successfully complete a minimum required training level each year. Training will be conducted on duty, with additional opportunities to make up mandated training also offered. Part-Time Firefighter EMT / Firefighter Paramedics must complete a minimum of four hours of training per month which must be documented by the on-duty Captain.

Part-Time Firefighter EMT / Firefighter Paramedics will be paid for training at their regular compensatory rate for any other training sessions they are directed or required to attend.

Failure to meet this standard will result in removal from the Part-Time Firefighter EMT / Firefighter Paramedic Program.

Required certifications SHALL be the responsibility of the employee and are NOT reimbursable by the City.

Longevity:

A Part-Time Firefighter EMT or Paramedic Firefighter employed with the department for a period of 2 years in good standing, with the permission of the Fire Chief, is eligible for reimbursement for their required certifications.

Training Exception:

Part-Time Firefighter EMT / Firefighter Paramedics who are employed full time at another fire department may submit documentation of up to 24 hours of outside training for approval by the Captain or designee to be counted towards the minimum training requirements. The remaining 24 hours of training MUST be performed with the Kingsburg Fire Department. Any submission not approved by the Captain or designee within the designated reporting period will not be applied Commented [RH2]: Do you want the same pay for these
2 positions?
6 towards the minimum training requirements. Failure to meet the minimum annual training requirements will result in immediate suspension or removal from the program.

Uniform:

The department will provide one t- shirt, one Class B shirt, and one pair of uniform pants, one belt and one pair of station safety/ duty boots up to a maximum of $250, on initial hire. Replacement of uniform items will be on an as needed basis as approved by the Fire Chief.

Identification of personnel as Part-Time Firefighter EMT / Paramedic SHALL be by means of the identifier “RESERVE” placed on all fire department station wear as well as PPE. Identification of the “PARAMEDIC”, SHALL be by means of helmet identifiers as well as station wear bearing “RESERVE/ PARAMEDIC”.

Department uniforms and equipment are to be worn/used on duty only and as directed by the onduty Captain or Fire Chief.

Commented [RH3]: Are we going to increase budget for
these positions? PPE, name badges, name plates, etc. We order a lot of various name tags (engraved or Velcro) for the various PPEs. We know it cost $1,000 for the initial uniform.

Even if its $500, the additional PPE and training
requirements to be added to our budget. Including
EMT/Medic recertifications (if applicable).

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY: AH AGENDA ITEM: Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. The redistricting process for the City of Kingsburg must be completed by April 17, 2021.

This is the 4th and final public hearing for the redrawing of our district map. After review of submitted maps and direction from the last public hearing on February 16, 2022, Council will be considering draft maps NDC 201 and NDC 202 as they comply with the laws of the Fair Maps Act.

Staff is recommending that the Council select a final map and determine the election sequence.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends Council select a final map and determine the election sequence.

2. Adopt Resolution 2022-021.

POLICY ALTERNATIVE(S)

1. N/A
STRATEGIC GOAL(S) MET:

1. Improve Community Communication.

FINANCIAL INFORMATION
Meeting Date: 03/16/2022
Agenda Item: 6.1
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? N/A

PRIOR ACTION/REVIEW
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. The redistricting process for the City of Kingsburg must be completed by April 17, 2021.

The City adopted its current district boundaries on May 16, 2018, based on 2010 census data as required by law.

The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Act, the council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities / 21621(c) for charter cities):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024

2. Respect voters’ choices / continuity in office

3. Future population growth

ATTACHED INFORMATION

1. NDC Presentation

2. Resolution 2022-021
City of Kingsburg
Redistricting Draft Maps
March 16, 2022 Dr. Jeff Tilton, Senior Consultant
National Demographics Corporation
Redistricting Process
March 16, 2022 2
Step Description
Two Initial Hearings
September 1 & October 6
• Held prior to release of draft maps
• Education and to solicit input on the communities in the Districts Census Data Releases • Census Bureau releases official 2020 Census population data – Aug. 12 • California’s official ‘prisoner-adjusted’ 2020 redistricting data – Sept. 20, 27 Draft Map Hearing
February 16, 2022
• Discuss and revise the draft maps; discuss the election sequence Draft Map Hearing
March 16, 2022
• Discuss and select final map; discuss and determine election sequence • Adoption of Resolution 2022-021
• Equal Population
• Federal Voting
Rights Act
• No Racial
Gerrymandering
• Minimize voters shifted
to different election years
• Respect voters’ choices /
continuity in office
• Future population growth
• Preserving the core of
existing districts

1. Federal Laws 2. California Criteria for
Cities

1. Geographically contiguous

2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)

3. Other Traditional
Redistricting Principles
Redistricting Rules and Goals
March 16, 2022 3
Prohibited: “Shall not favor or discriminate against a political party.” Neighborhoods/Communities of Interest
Neighborhoods

1. What is your neighborhood?

2. What are its geographic
boundaries?
In the absence of public testimony, planning
records and other similar documents may
provide definition.

March 16, 2022 4
Communities of Interest

1. What defines your community?

2. Would this community benefit
from being “included within a
single district for purposes of its
effective and fair
representation”?
Communities of Interest may not include
relationships with political parties, incumbents,
or political candidates.

The Draft Maps
March 16, 2022 5
Plan Dev. Contig? Pairings LCVAP D1 LCVAP D2 LCVAP D3 LCVAP D4 LCVAP D5 Public 101 9.06% Y None 54% 23% 30% 32% 52%
Public 102 12.48% N
Public 103 8.50% Y D1 = 2 22% 23% 43% 49% 35%
Public 104 5.76% Y None 54% 30% 23% 37% 52%
Public 105 16.75% Y
NDC 201 6.36% Y None 53% 29% 23% 36% 52%
NDC 202 7.13% Y None 53% 29% 23% 36% 52%
March 16, 2022 6

COUNCIL

ADVANCED
Deviation:

6.36%
Two Latino
CVAP Districts
(D1 and D5)
No Council
Members
paired
March 16, 2022 7

COUNCIL

ADVANCED
Deviation:

7.13%
Two Latino
CVAP Districts
(D1 and D5)
No Council
Members
paired
March 16, 2022 8

PUBLIC HEARING / ACTION
Deviation: 6.36%
2 L/CVAP Districts (D1, D5)
No Council Members paired
Deviation: 7.13%
2 L/CVAP Districts (D1, D5)
No Council Members paired
1 RESOLUTION NO. 2022-021

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF KINGSBURG, CALIFORNIA, ADJUSTING

THE BOUNDARIES OF THE CITY COUNCIL

DISTRICTS IN ACCORDANCE WITH CALIFORNIA
ELECTIONS CODE SECTIONS 21601-21609 AND
SECTIONS 2.04.300-2.02.320 OF CHAPTER 2.04
OF TITLE 2 OF THE KINGSBURG MUNICIPAL
CODE
WHEREAS, in May, 2018, the City Council for the City of Kingsburg adopted Ordinance 2018-003 adding Sections 2.04.300, 2.04-310 and 2.04-320 to Chapter 2.04 of Title 2 of the Kingsburg Municipal Code creating a By-District Electoral System; and WHEREAS, California Elections Code § 21601 requires each city that uses bydistrict elections to readjust those district boundaries in the year following the release of a new Census, to ensure compliance with constitutional equal population requirements; and
WHEREAS, the existing Council districts have a "total deviation" of population between the districts of 15.22% based on the 2020 Census; and WHEREAS, the United States Supreme Court has held that a "total deviation" exceeding 10% is presumptively unconstitutional; and
WHEREAS, state law has incorporated that standard; and
WHEREAS, changes in the Council districts are therefore required to bring the districts back into balance; and
WHEREAS, the City has retained an experienced redistricting/demographic consulting firm, National Demographics Corporation, to advise it on the process of readjusting Council district boundaries; and
WHEREAS, on September 1, 2021, the Council approved a detailed timeline and work plan for the redistricting process; and
WHEREAS, the City has maintained a detailed redistricting website as required by law at: https://www.cityofkingsburg-ca.gov/415/2022-Redistricting-of-Council-Districts; and
WHEREAS, the City has provided materials in Spanish, and has provided translation services upon request, as required by law; and 2 WHEREAS, the City has engaged in good-faith public outreach to community groups and other interested parties as required by law; and WHEREAS, the City has made available to the public paper and online mapping tools to permit them to submit draft maps if so desired; and WHEREAS, on September 1, 2021, the Council conducted a duly noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts; and
WHEREAS, the Census Bureau belatedly released the 2020 redistricting data files on August 12, 2021; and
WHEREAS, the California Statewide Database released an "adjusted" version of the Census redistricting data on September 21, 2021, as required by law, and a corrected version of those adjusted data on September 27, 2021; and WHEREAS, on October 6, 2021, the Council conducted a second duly noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts; and
WHEREAS, on February 9, 2022, the City's demographic consultant presented an initial set of five public draft maps (Public 101, Public 102, Public 103, Public 104 and Public 105) and two consultant drawn draft council district maps (NDC 201 and NDC 202), prepared according to the criteria set forth in state law; and WHEREAS, On February 16, 2022, the Council conducted a third duly held public hearing regarding the draft maps. The City’s demographic consultant advised the Council that the populations in the proposed districts of draft maps NDC 201, NDC 202, Public 101, and Public 104 were substantially equal in compliance with legal requirements but the proposed districts of drafts maps Public 102, Public 103 and Public 105 were not. At the conclusion of the public hearing, the Council requested that Draft Map NDC 201 and Draft Map NDC 202 be brought back to the Council for further consideration, narrowing down the number draft maps to be considered by the Council. , The Council also decided it would review any other public maps that are submitted by March 2, 2022 at the next scheduled Public Hearing on March 16, 2022; and WHEREAS, on March 16, 2002, the Council conducted a fourth duly-noticed public hearing The City’s demographic consultant made another presentation to the Council regarding Draft Map NDC 201 and Draft Map NDC 202. The demographic consultant also advised the Council no other public maps were submitted on or before March 2, 2022. ; and
WHEREAS, the Council has considered all public comments on the proposed council district plans; and
3 WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and Drafts NDC 201 and NDC 202 comply with Section 2 of the Voting Rights Act; and WHEREAS, Draft Maps NDC 201 and NDC 202 as drawn are geographically contiguous; and
WHEREAS, Draft Maps NDC 201 and NDC 202 seek to minimize the division of communities of interest and neighborhoods to the extent possible; and WHEREAS, Draft Maps NDC 201 and NDC 202 use easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and
WHEREAS, Draft Maps NDC 201 and NDC 202 are drawn to encourage geographical compactness to the extent practicable; and WHEREAS, the Council believes that the districts contained in proposed Draft Map___, incorporated herein, best reflect these criteria and best serve the interests of the City and the public at large;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AS FOLLOWS:

SECTION 1. All of the recitals set forth above are true and correct, and the City Council so finds and determines.

SECTION 2. Pursuant to California Elections Code section 21601 and Municipal Code Sections 2.204-300-2.204.320, the City Council prefers the district boundaries in proposed Draft Map ___, attached hereto as Exhibit "A" and incorporated herein by this reference; believes that its adoption would be serve the public interest of the City's residents and voters; and by this Resolution hereby adopts the district boundaries in that Draft Map ___ for use at the City's November 2022 election and subsequent elections until a further re-alignment is required pursuant to Elections Code § 21601 and Municipal Code Sections 2.204.300-2.204-320, following the release of the 2030 Census.

SECTION 3. That the City Manager and/or his designee shall take all actions necessary to notify the Fresno County Registrar's Office of the Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new lines.

SECTION 4. Because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this 4 Resolution, which anomalies are not revealed until implementation begins, the City Manager and/or her designee is authorized to make technical revisions to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution, and shall advise the Council of any such revisions that are found to be required in plan implementation by the County Registrar's Office.

SECTION 5. The City Manager shall consult with legal counsel to resolve any legal issues necessary to give effect to this Resolution.

SECTION 6. To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Resolution shall prevail with respect to the subject matter thereof.

SECTION 7. In interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Kingsburg hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. The City Clerk is directed to cause a copy of this Resolution to be published in the official newspaper at least once within fifteen (15) days after its approval by the Council.

I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 16th day of March, 2022, by the following vote:

Ayes: Council Member(s):

Noes: Council Member(s):

Absent: Council Member(s):

Abstain: Council Member(s):
____________________________
Abigail Palsgaard, City Clerk
City of Kingsburg
5 Exhibit A to Resolution No. 2022-021
(Map of City Council Districts – 2020 Census)

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AP AGENDA ITEM: Kingsburg Tri-County Health Care District Grant Cycle ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File

EXECUTIVE SUMMARY
The Kingsburg Tri-County Health Care District provides grants to various public and private organizations that provide health related services to the Kingsburg community and surrounding area. Grants are awarded for any purpose allowed by state law, including to aid in the operation of free clinics, health education programs, wellness and prevention programs, rehabilitation, and any other health care which is necessary for the maintenance of good physical and mental health in the Kingsburg community and surrounding area. Each year in January the Board approves a list of needed health services and programs which grant applicants can focus upon in applying for grant funding. This year, preference will be given to projects that address the following: mental and physical health care, nutrition, exercise, and diabetes. May 1 is the deadline to submit grant applications and June 1 is when grant awards will be announced unless the Board acts to set a different schedule or to extend the time within which to act on applications.

The City of Kingsburg has partnered with the District on multiple projects over the last several years for the purchase of public safety equipment and public recreation improvements. A few examples include; Kingsburg Fire Department - Paramedic Ambulance Personnel 2021 $377,400.00 Kingsburg Fire Department - New Ambulance -2020 $359,000.00 Kingsburg Fire Department - Public Access AED/CPR Program -2020 $103,550.00 Kingsburg Fire Department - Ambulance Equipment Program -2020 $202,051.00 Kingsburg Community Services – Crandell Swim Complex Project – 2019 $434,937.00 Kingsburg Community Services – Athwal Park Improvements Phase I – 2019 $600,000.00 Kingsburg Fire Department - Autoload Cots and ECG Monitors – 2018 $126,505.00 Kingsburg Police Department - Patrol Vehicle and Officer First Aid Kits – 2018 $6,007.70 Kingsburg Fire Department - New Ambulance – 2017 $250,000.00 Staff has developed a list of two potential projects to submit for the 2022 grant application cycle and is seeking Council approval to request grant funds from the Kingsburg Tri-County Health Care District (KTCHCD) during this upcoming cycle.

1. Kingsburg Community Services Department – Senior Center Kitchen Renovation

2. Kingsburg Fire Department – Utility Terrain Vehicle & Outreach/Wellness Programs Kingsburg Community Services Department
Project Name: Senior Center Kitchen Renovation
Total Grant Request: $212,568.00
Meeting Date: 03/16/2022
Agenda Item: 6.2

Project Description:

The Kingsburg Community Services Department is seeking permission from the City Council to submit an application to the KTCHCD for a kitchen renovation project that will address fire safety and Fresno County Health Department compliance. The Kingsburg Senior Center currently has an inadequate kitchen space that does not meet current fire safety or health department codes. The Community Services Department in partnership with Kingsburg Senior Citizens Inc. would like to update kitchen appliances and bring the kitchen space up to fire safety compliance.

Before the Covid-19 pandemic, city staff provided meals to seniors with permission from the Fresno County Health Department under the condition no meals were prepared on site. The Fresno Madera Agency on Aging (FMAAA) delivered prepared meals to the senior center for distribution under an annual contract with the City. In March of 2020 FMAAA suspended all contracts and city staff began operating a hot meal program to support home bound and low-income seniors. The Covid Emergency Meal Program was established and has since provided over 65,000 meals to Kingsburg seniors. Though this is an amazing accomplishment, the kitchen is still flagged for being out of compliance and a potential safety hazard.

The FMAAA is working on reinstating municipal contracts starting in the summer of 2022 but the need for a compliant and safe kitchen is still required. With the help of the Kingsburg Fire Department, a comprehensive plan was drafted to address the needs of the senior center while remaining fiscally responsible. City staff feels that this plan will ensure the longevity of the senior center and the wellbeing of our senior population.

The KTCHCD grant application states the district cannot provide funding for capital improvement projects unless the property is government owned. The project, if approved, will be managed by City Staff and would bring the senior center into compliance with health and safety codes.

The project as proposed is set to include the following:
• Exterior & Interior Fire Door Upgrade
• Roll-Up Server Window/Door
• Service Panel & Electrical Upgrades
• Plumbing System Improvements
• Fire Sprinkler & Alarm System
• Mechanical & HVAC (Duct & Vent Upgrades)
• Three Compartment Kitchen Sink
• Range Hood & Ducting
• Range & Oven Unit
The kitchen renovation project has been under architectural review and the most cost-efficient route toward project completion has been determined. The City Engineer and Fire Chief have determined that the proposed kitchen upgrades will save thousands in pre-construction and demolition costs. If the grant request is accepted by the KTCHCD, the Kingsburg Senior Center will be one step closer to receiving a full structural makeover. With City support and grant funding, the senior center has recently undergone improvement projects to include; • New commercial flooring
• Solar panel installation
• ADA self-operating doors
• Commercial window treatments
• Electric car charging station (staff use only)
The Kingsburg Senior Citizens Inc. looks forward to partnering with the City on this and many other senior center improvements.

Kingsburg Fire Department
Project Name: Utility Terrain Vehicle & Outreach/Wellness Programs Total Grant Request: $195,000.00
Utility Terrain Vehicle:

The Kingsburg Fire Department, in its continued efforts to best reach and provide cutting edge life- saving resources to all persons who, live, work, visit, recreate or pass-thru our Tri-County community via our many roads, water ways and railways, is requesting funding for an all -purpose medical Utility Terrain Vehicle. This vehicle as well as the support equipment and emergency response gear required to be carried on the vehicle for optimal utilization will have a tremendous impact upon the ability of the Kingsburg Fire department to access hard-toreach areas along Hwy. 99 Kings River estuary, Union Pacific Railroad rights-of-way, Large public gatherings in our Down town area, parks as well as sporting events throughout the community where a full size ambulance cannot make access and delays crucial care to the sick and injured. Total cost of request: $125,000.

Community Wellness and Outreach:

The Kingsburg Fire Department to best continue to impact the physical and mental health and wellness of the greater Tri County area we serve is requesting funds to provide Outreach and Wellness programs to the community in the following areas:
• PUBLIC AED/ CPR courses
• PUBLIC Smoke and Carbon Monoxide detection outreach program • PUBLIC Outreach for Mental and Physical Wellness
• Healthcare Workers Physical and Mental Wellness program These programs have proven to be of great value in preventing morbidity, increasing awareness of public issues regarding health, engendering general good health and healthy habits throughout communities as well as decreasing healthcare costs where they have been enacted. Total cost of request: $70,000

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff is seeking approval from the council on submitting applications for the two proposed projects.

POLICY ALTERNATIVE(S)

1. The council could modify direction with regards to submitting for the grant.

STRATEGIC INITIATIVE

1. Provide Recreation Opportunities for All Ages.

2. Improve Public Safety

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
On March 2, 2022, a presentation was given to the City Council as an introduction to the KTCHCD grant cycle and staff’s desire to submit grant requests for 2022.

ATTACHED INFORMATION
None
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A
City of Kingsburg
Senior Center Kitchen Remoidel
3/16/2022
No. Item Description Quantity Unit Unit Cost Cost
1 Mobilization 1 LS $15,000.00 $15,000
2 Demolition 1 LS $5,000.00 $5,000
3 Exterior Door Upgrades 1 LS $6,000.00 $6,000
4 Interior Fire Door Upgrade 1 LS $4,500.00 $4,500
5 Roll-Up Servery Window Door 1 LS $3,500.00 $3,500
6 Service Panel & Electrical Upgrades 1 LS $6,000.00 $6,000 7 Plumbing System Improvements 1 LS $2,000.00 $2,000
8 Fire Sprinkler System 1 LS $30,000.00 $30,000
9 Fire Alarm System 1 LS $15,000.00 $15,000
10 Mechanical & HVAC (Duct & Vent Upgrades) 1 LS $3,500.00 $3,500 11 Wall Finishes (Tile Replacement) 375 SF $24.00 $9,000 12 Wall Covering / Painting 800 SF $11.00 $8,800
13 Kitchen Sink (3 bay) 1 EA $5,500.00 $5,500
14 Range Hood & Ducting 1 EA $16,000.00 $16,000
15 Range 1 EA $12,000.00 $12,000
16 Miscellaneous Small Equipement 1 LS $4,500.00 $4,500 17 Miscellaneous Facilities and Operations 1 LS $10,000.00 $10,000 Total Construction Cost $156,300
Contingency = $15,630
Architectural Design = $18,756
Permitting = $3,126
Bidding & Award = $3,126
Construction Inspection $15,630
GRAND TOTAL = $212,568
C:\Users\Abigail.palsgaard\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\07G4LUN3\Senior Center Kitchen Remodel Cost Estimate 3-10-22 2 of 3

Family Room
Presented
by
Barbara Taylor
Police Volunteer

\\10.249.10.1\chusers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.03.16 Council Staff Reports\3-10-22 report.doc Page 1 of 4

CAPITAL IMPROVEMENT PROJECTS
I. Madsen Avenue Bike Path Phase 2
The project involves extending the existing Madsen Ave trail from Stroud Avenue to Kamm Avenue. The design and right-of-way phases of the project are complete. Construction is scheduled for Spring 2022.

II. Bethel / Sierra Roundabout
The project will construct a single lane roundabout at the intersection of Bethel / Sierra. The design phase of the project is nearly complete. Right-of-way acquisition and annexation activities have been completed. Construction is anticipated to begin in Spring 2022.

III. Mehlert Street Reconstruction
This project has been completed.

IV. 18th Avenue Sidewalks – Phase 1
The project includes constructing sidewalks along the west side of 18th Avenue between Tulare Street and Stroud Avenue. The project is in the design and right of way phase. Construction is anticipated to begin in Summer 2022.

V. 18th Avenue Sidewalks – Phase 2
The project includes constructing sidewalks along the west side of 18th Avenue between Stroud Avenue and Klepper Avenue. The project is in the design phase.

Construction is anticipated to begin in Spring 2023.

CITY OF KINGSBURG

ENGINEERING PROGRESS REPORT
March 10, 2022
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VI. Madsen Avenue Street Reconstruction
The project reconstructed Madsen Avenue between Sierra Street and Stroud Avenue. Construction has recently been completed.

VII. 12th Avenue Sidewalks
The project will construct new sidewalks on 12th Avenue between Stroud Avenue and Aslan Way adjacent to Rafer Johnson Junior High School. The project is in the design phase and construction is anticipated in Spring 2022.

VIII. 2022 Streets Project
The project will rehabilitate pavements on the following streets:
• 7th Street – Mehlert to Roosevelt
• Ventura Street – 10th Ave to 18th Ave
• Nevada Street – 6th Ave Drive to 10th Ave
The project is completing the design phase and is expected to be constructed in Spring 2022.

PLANNING & DEVELOPMENT PROJECTS
IX. Development Projects
The City Engineer is performing engineering review and/or inspection of the following entitlement projects:
a) Hash Residential Development – City Engineer is working with the developer to complete Phase 3 (final) of the project which includes a neighborhood park.
b) Linnea Villas Senior Housing Project –The City Engineer is managing construction of the off-site infrastructure improvements related to the new senior housing project at Madsen Avenue / Sierra Street. Construction is anticipated to be completed in December April 2022.
c) TTM 6151 – The infrastructure is substantially complete with the exception of the neighborhood park.
d) TTM 6167 – The Final Map and Improvement plans are nearly complete and some preliminary infrastructure work has begun.
e) Stone Hotel Site – A new mixed-use development has been approved for the old Stone Hotel site at California & Draper Streets. The City Engineer is supporting construction efforts related to on-site and off-site infrastructure improvements.
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f) Tract 6141 - The Final Map and improvement plans have been completed.

Infrastructure improvements are expected to begin in Spring 2022. g) T-Mobile Call Center – The City Engineer is performing final inspection services related to off-site parking lot and utility improvements. h) Valley Health Team – The City Engineer is performing construction support and inspection services for site improvements related to the project.
i) 1401 Simpson Street Office Building – The City Engineer is performing construction support and inspection services for site improvements related to the project.
j) Sinclair Gas Station – The City Engineer is reviewing a Site Plan Review application for redevelopment of the gas station located in the northwest corner of Simpson Street / Sierra Street.
k) Rafer Johnson Drive / Sierra Street Gas Station - The City Engineer is reviewing improvement plans related to on-site and off-site infrastructure improvements.
l) Packaging Corporation of America (PCA) Rail Dock Expansion - The City Engineer is reviewing improvement plans related to on-site and offsite infrastructure improvements. m) HB Rentals (Kingsburg Business Park) - The City Engineer is reviewing improvement plans related to on-site and off-site infrastructure improvements.
n) Proposed Truck Wash / Repair (Simpson/Bethel) - The City Engineer is reviewing a Site Plan Review application for redevelopment of the project located in the southwest quadrant of Simpson Street / Bethel Avenue.

OTHER PROJECTS
X. PG&E Rule 20A Undergrounding Projects
The City Engineer is working with PGE to complete the 10th Avenue (Draper Street to Roosevelt Street) undergrounding project within the City of Kingsburg.

XI. Improvement Standards Update
The City Engineer is working with the Public Works Director to update the City’s Improvement Standards. It is expected that the revised standards will be presented to the Council in April 2022.

XII. Water Model Update
The City Engineer is working with the Public Works Director to prepare a water model update for the City’s domestic water distribution system. It is expected \\10.249.10.1\chusers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.03.16 Council Staff Reports\3-10-22 report.doc Page 4 of 4
that updated model and report will be presented to the Council in April 2022.

XIII. PD Station Remodel
The City Engineer is assisting with architectural design of a remodel to the Police Station Headquarters.

XIV. Golden State Blvd Reconstruction
The project proposes to reconstruct Golden State Boulevard within the entire limits of Kingsburg. The project design and construction phases are being led by the FCOG and Fresno County. The City Engineer is providing design review, right of way acquisition, and related coordination services related to the project.

Construction work is expected to begin in Spring 2023 and be completed by winter 2025.

XV. Traffic Safety Projects
The City Engineer’s office is pursuing traffic safety projects at the following locations.
• Pedestrian ‘scramble” at the intersection of 18th / Sierra and installation of rectangular rapid flashing beacon systems at several crosswalks along Sierra Street between 16th Avenue and Madsen Avenue.

GRANT APPLICATIONS
XVI. Submitted Applications
The City Engineer has recently submitted the following grant applications:
• Transit Oriented Development Grant (Fresno COG) – Downtown Strategic Plan Infrastructure Improvements.

XVII. Future Applications
The City Engineer is working on preparing the following grant applications:
• Active Transportation Program (State)
Solid Waste Rate Study
Informational Session
City Council Workshop
March 16, 2022
Alison Lechowicz
Project Manager

CITY OF KINGSBURG
Background
 Solid Waste Rates
 Rates have not increased since 2009
 Contract with Mid Valley Disposal began in 2014
 Mid Valley Disposal increases rates charged to City annually  Solid Waste Fund is an Enterprise Fund
 Fund is operating in a deficit and is self-supported from rates and charges  Separate from General Fund
 No tax revenue received
 Rate study will cover a 5-year period and determine solid waste and street sweeping rates
2 Proposition 218
 Adopted by California voters in 1996 and added Articles 13C and 13D to the California Constitution
 Governs how property-related charges are adopted (also applies to water and sewer rates)
 Rates must be based on the reasonable cost of service  Rates must proportionally recover costs based on how customers take service  Covers rates over a maximum 5-year period
 Procedural requirements:
 Conduct a rate study
 Mail a notice to property owners
 Hold a public hearing a minimum of 45 days after notice is mailed  Rates cannot be adopted if more than 50% of ratepayers submit written protests 3 Current Residential Monthly Rates
4 RESIDENTIAL REFUSE
Single Family Residential
One 96 Gallon Barrel $25.10
Two 96 Gallon Barrels $34.25
1 Yard Bin $52.35
Additional Green Waste Container $11.60
Senior Citizen Residential
64 Gallon Container $24.10
Mobile Homes $18.20
Multi-Family
Base Rate $25.10
Granny Flat $44.85
Locking Devices $25.00

RESIDENTIAL RECYCLING
96 Gallon Container $2.50
Multi Family 96 Gallon Container
(each) $5.00
3 Yard Bin (each) $46.00
5 Current Commercial Monthly Rates
6 Commercial Refuse Pickups per Week
Container Size 1 2 3 4 5 6
96 Gallon $19.55 $34.50 $51.75 N/A N/A N/A
1 Yard Bin $57.35 $95.00 $120.00 $172.35 $189.65 $248.50 2 Yard Bin $76.30 $103.45 $162.55 $221.30 $280.55 $339.55 3 Yard Bin $118.45 $148.90 $228.85 $311.10 $378.80 $472.30 4 Yard Bin $143.75 $194.20 $262.65 $355.00 $479.60 $647.85 6 Yard Bin $155.40 $311.20 $458.28 $605.35 $756.80 $908.20 6 Yard Compactor $310.80 $622.40 $916.55 $1,210.70 $1,515.95 $1,816.45 Commercial Recycling Pickups per Week
Container Size 1 2 3
64 Gallon $4.00 N/A N/A
96 Gallon $5.75 N/A N/A
1 Yard Bin $34.50 $69.00 $103.50
2 Yard Bin $43.70 $100.50 $131.10
3 Yard Bin $52.90 $121.70 $158.70
4 Yard Bin $67.85 $135.70 $203.55
6 Yard Bin $97.75 $195.50 $293.25
Organics Pickups per Week
Container Size 1 2 3
96 Gallon $4.60 $9.20 $13.80
Why Rate Increases Are Needed
 Fund the cost of providing service
 Keep up with Mid Valley Disposal Rates (adjusted each year based on CPI)  Operating & Maintenance costs – City staffing and admin  Additional street sweeping costs – new areas served; change in disposal of refuse  Reverse operating deficit
 Internal loan repayment of past deficit spending
 Meet Fund Reserve targets
 Operating Reserve Target = 15% of annual operating costs  Comply with new legislation (SB 1383)
7 Solid Waste Net Revenues
8 FY 17/18
ACTUAL
FY 18/19
ACTUAL
FY 19/20
ACTUAL
FY 20/21

PROJECTED
FY 21/22

PROPOSED
Total Revenues $ 1,909,680 $ 1,858,470 $ 1,921,866 $ 1,916,000 $ 1,919,000 Total Expenses $ 1,924,290 $ 1,986,773 $ 1,967,169 $ 1,933,631 $ 1,972,115 Net Revenues $ (14,610) $ (128,810) $ (45,810) $ (17,631) $ (53,115) 9 SB 1383
 California’s Mandatory Recycling & Organics Law
 The City must provide organics collection services to all residents and businesses  City must conduct education and outreach
 City must establish an ordinance requiring everyone to subscribe to organic waste collection  City must monitor compliance and conduct enforcement
 City can work with Mid Valley Disposal in achieving compliance  Key Dates for Implementation:
 January 1, 2022: Regulations took effect
 2 years for education and compliance
 January 1, 2024: Enforcement begins
 January 1, 2025: Statewide 75% reduction in organic waste and recovery of 20% of edible food waste for food donation
10 Rate Study Schedule
 March – informational session with City Council; continue to gather cost information from Mid Valley Disposal and the street sweeping contractor  April – finalize rate analysis and draft report
 May – Present final recommendations to City Council
 June – Conduct ratepayer outreach; print and mail Proposition 218 notices to ratepayers
 July – Part of 45-day Prop 218 waiting period; continue ratepayer outreach  August – Conduct Proposition 218 hearing
 September – Implement new rates absent a majority protest 11 Questions?
12