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, December 21, 2022 at 6pm
Invocation to be given by Pastor Tim Boynton, Kingsburg Covenant Church, 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. Reorganization of City Council
1. City Clerk announces the results of the November 8, 2022 Kingsburg City Council Election.
2. Adopt City of Kingsburg Resolution No. 2022-069 declaring result of the November 8, 2022 City Council Election.
3. Council Members Jewel Hurtado, Vince Palomar and Michelle Roman step down.
4. City Clerk administers Oath of Office to incoming Kingsburg City Council Members David Silva, Staci Smith and Vince Palomar.
5. New Council Members take their seats on the City Council.
6. City Clerk calls for nominations for Mayor.
7. Election of Mayor
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
December 21, 2022
8. Mayor calls for nominations for Mayor Pro Tem.
9. Election of Mayor Pro Tem.
6. Adopt Resolution 2022-070 Recognizing Jewel Hurtado for her service. - Presentation by the Mayor.
7. Adopt Resolution 2022-071 Recognizing Michelle Roman for her service. - Presentation by the Mayor.
8. 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.
8.1 Approval of City Council Minutes: Approve the minutes from the November 16, 2022 and December 7, 2022 Regular Council Meetings as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
8.2 Check Register: Ratify/approve payment of bills listed on the check register for the period November 29, 2022 through December 14, 2022 as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
8.3 Approve the proposed job description and benefits for the EMT (non-safety) position. – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover
Sponsor: Administrative Services Department
8.4 Approve the proposed job description and benefits for the Payroll Specialist position and adopt Resolution 2022-073 revising the Unrepresented Management Employees Salary and Benefit – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services Department
8.5 Approve the proposed Salary Chart Effective 1/1/2023 including position updates, cost of living adjustments and off-salary chart wages – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services Department
8.6 Approve Resolution 2022-074, authorizing the connection to the City’s municipal water system to the following residence located outside the city limits, and authorize the City Manager to sign the extraterritorial water service agreement with the respective property owner of 13944 S. Academy Ave, Kingsburg, CA 93631 Fresno County– Staff Report by Public Works Director Daniel Galvez Kingsburg City Council Agenda
December 21, 2022
Sponsor: Public Works Department
8.7 Approve Resolution 2022-075, authorizing the connection to the City’s municipal water system to the following residence located outside the city limits, and authorize the City Manager to sign the extraterritorial water service agreement with the respective property owner 39802 Road 16, Kingsburg, CA 93631, Tulare County– Staff Report by Public Works Director Daniel Galvez Sponsor: Public Works Department
9. Regular Calendar
9.1 Crime Statistics Report for the Month of October 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. Public Comment
c. Council Discussion
d. Informational- No Action Necessary
10. Council Reports and Staff Communications
10.1 Community Services Commission
10.2 Public Safety Committee
10.3 Chamber of Commerce
10.4 Economic Development
10.5 Finance Committee
10.6 Planning Commission
10.7 South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)
10.8 Downtown Business Improvement District
10.9 Council of Governments
10.10 Council Member Reports
10.11City Manager’s Report
-Reminder of the cancellation of the 1/4/2023 meeting
11. Future Agenda Items:
Council Committee Assignments (1/18/2023)
Sponsor: City Manager’s Office
12. 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].
Kingsburg City Council Agenda
December 21, 2022
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 16th day of December 2022.
____________________________________
Abigail Palsgaard, City Clerk
RESOLUTION NO. 2022-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF KINGSBURG DECLARING RESULTS OF THE
NOVEMBER 8, 2022 ELECTION
WHEREAS, the General Municipal Election was consolidated with the General Election on Tuesday, November 8, 2022, and
WHEREAS, it appears that notice of said election was duly and legally given, the precincts were properly established, that election officers were appointed and election supplies furnished, and that in all respects said election was held and conducted and the votes cast thereat received and canvassed, and the returns thereof made and declared in time, form and manner as required by the general laws of the State governing elections in cities of the sixth class; and
WHEREAS, the City Council of Kingsburg met in the Council Chambers on Wednesday, December 21, 2022, to declare the results of the canvass and to install the newly elected officers; as a result the Council finds the vote to be as hereinafter stated; NOW, THEREFORE, BE IT RESOLVED that said General Consolidated Election was held and conducted in the City of Kingsburg on November 8, 2022, in time, form and manner as required by law;
City Council District 1:
That there were 6 polling places.
That the number of votes cast in the Consolidated General Election was 739.
City Council District 4:
That there were 6 polling places.
That the number of votes cast in the Consolidated General Election was 446.
City Council District 5:
That there were 6 polling places.
That the number of votes cast in the Consolidated General Election was 444.
That the names of the persons voted for, the office for which they were voted, and the number of votes given to each are as shown in Exhibit “A”, “Certificate of County Clerk to Results of the Canvass”, attached hereto and made a part hereof by reference.
RESOLVED THEREFORE, that at said General Election Staci Smith representing District 4, David Silva representing District 1 and Vince Palomar representing District 5 were elected to the office of City Council Member of the City of Kingsburg for four (4) year terms.
***********
I, Abigail Palsgaard, City Clerk if 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 21th day of December, 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Abstain: Councilmembers:
____________________
Abigail Palsgaard, City Clerk
City of Kingsburg
STATEMENT OF VOTES CAST
AT THE
CONSOLIDATED STATEWIDE GENERAL ELECTION
HELD ON
NOVEMBER8,2022
IN THE
CITY OF KINGSBURG
COUNTY OF FRESNO
STATE OF CALIFORNIA
CERTIFICATE OF COUNTY CLERK TO RESULTS OF THE CANVASS
STATE OF CALIFORNIA)
) ss.
County of Fresno )
I, JAMES A. KUS, County Clerk/Registrar of Voters of the County of Fresno, State of California, do hereby certiff that pursuant to the provisions of Section 15301 et seq of the Elections Code of the State of California, I did canvass the returns of the votes cast in the City of Kingsburg, County of Fresno, at the election held on November 8,2022, for the Local Office, submitted to the vote of the voters, and that the Statement of the Votes Cast, to which this certificate is attached, shows the whole number of votes cast in the districts and in each of the respective precincts therein, and that the totals of the respective columns and the totals shown for the offices are full, true and correct.
WITNESS my hand and Official Seal this 8th day of December, 2022.
A. KUS
County Clerk/Registrar of Voters
0. Page: 1 of B
Precinct
City
City Of Kingsburg
0000054
Vote Center'
Vote by Mail
Total,
00000ss
Vote Center
v-o]e by.Mail
Total
000005600000s7
Vote by Mail
Total
00000s8
Vote Center
vote by Mail
Total
0000060
Vote Center
yo,l: bv YSit
Total
1219/20229:42:17 AM
FRESNO COUNTT
CONSOLIDATED STATE\MIDE GENERAL ELECTION
NOVBMBER 8, 2cz2
STATEMENT OF VOTES
CITY OF KINGSBURG
Vote Center 1,419
Vote by Mail 1,419
Total 1,419
Vote Center 1,830
V.otgsCast %Tunrqnrt
93 7.44o/o
444 35.52"/o
537' 42.960/o,
126 8.46"/"
677 45.44o/"803 53.89o/o
't54'. 10.85Yo
613 43.20o/o
767 54.050/o7?9 1311.7
l:91s -" " ?6:7P""(:: 1,267 69.23/"
175 11.670/o:
739 49.270/o914 60.930/"
0 0.00% '0 0.00o/o,0 O.O0o/"
Registercd
Vo{els
1,250,1,2501,490,1,4901,4901,8391,8301,5001,5001,500
7,4937,493
City Of Kingsburg - Total 4,288' 57.23o/oCity - Total 4,288 57.23o/o Vote Center 7,493 776, 10.36%
Page: 2 of B
Precinct
Vote by Mail
Registered
Voters
7,493
Voters Cast
3,512
% Turnout
46.87o/o
1219120229:42:t7 AM
Page: 3 of B
Kingsburg City Council District No. 1 (Vote for r)
Precin€t
EEPa Egc e s City
€ity Of Kingsburg
0000055
Vote Center 125 1490 7
677 1490 57 0
Total 803 1A9o u
t2/9120229:42:17 AM -6j
oo
(9z&=
lf,E! u tuqirct J
City
City Of Kingsburg
r0000055
Vote Center.
Vote by Mail
Total:
0000060
Vote Center'
Vote by Mail
Total'
City Of Kingsburg - Total
City - Total
1??. 1!:??7: - 4:"6
18 15.13o/"
1 10 . 17 .74o/ol
00 128 17.32o/o128 17.320/o
89 74.79o/"
407 65.65"/".
"""67:Yi1"-.
496 67.120/".496 67.124/"
0000060
Vote Center
Vote by Mail
Total
City Of Kingsburg - Total
ciy: Iola"l
00 803803
44 1A941,494
000
uu
0 000
Page: 4 of B
Frceinct
00000ss0000060
city -of Kins:.|yle
City
Vote Center
votg by Mail
Total
v9t: cet:l
Vote by Mail
Total
d'
G
6 o
F
119
620
739
12, 10.080/0
103 16.61o/o t115 15.560/".115' 15.560/o115 15.560/"
0 0.00%0 0.000/60 0.00%,000 0.00%'0 0.007o
.c
{l' .i
=
ttt Z=<ft
t*-
*E
tto
O- fii, 5=
City Of Kingsburg
0i0;00
0 0
000
- Total
0 739
- Total 739
12/9120229:42:17 AM
Page: 5 of B
Kingsburg CiW Council District No. 4 (Vote for r)
Precinct
E€qE s$s e E
City Of Kingsburg
0000056
12/912022 9:42:17 AM
t
vt
oFvl
zo&UJJgT!l
Vote Center
Vote by Mail
Total
City Of Kingsburg ; Total
City - Total
1,41,9 11 b
Precinct
City
City Of Kingsburg
0000056
Vote Center
-v,or-ebJ M,?it
Total
City Of Kingsburg - Total
513', 1,419
1,419
1,4191,419
66,
777777
767767767
0000
51 35.660/o
193 35.2870
2M 35.36o/o
244 35.360/"2M 35.360/o
92 64.34o/",
354 64.720/o
446' U.Uo/o
446 M.64Y"446 64.MY"
Paqe: 5 of 8
Precinct
City
City Of Kingsburg
0000056
Vote Center
Vote by Mail
Total
City Of Kingsburg - Total
City - Total
ooo
F
Co
3 !
oOEE
5B
00n00
0.00o/o0.00%0.00%0.00o/o0.00%
143
547
690690
690
000n
0 1219120229:42:17 AM
Page: 7 of B
Kingsburg City Council District No. E (V'ote for r)
t2l9/2022 9:42:17 AM
ft€dnct
City
0000054
Vote Center 76, 100.000/o 0 0.00% 76
Total' 444 100.00o/o 0 0.00% 444
City Of Kingsburg - Total 444 100.000/o 0 0.00% 444
100.00% 0 0.00%
City
City Of Kingsburg
q EEEE, g g .38 € E e9 5
93 1,250 17
4li1 1,250 75
1,250 92
537 1,250 92
oo
ao
o
0 o
'q3
E"-oJouUz
il)
oGoF Precinct
0000054
Vote Center
Vote by Mail
Total
City Of Kingsburg - Total
City - Total . :37 . -1,2s0- s2 1 444
Page: B of 8
Precinct
City
City Of Kingsburg
0000054
Vote Center
Vote by Mail
Total
City Of Kingsburg - Total
City - Total
!
ooo
f
c0
3 0000
0 t219120229:42:17 AM
Certificate of Election
This is to certify that
DAVID M. SILVA
was elected to the office of
Kingsburg City
Member, CityCouncil District No. 1
of the County of Fresno,
State of California, at in election duly held
therein on
November 8, 2022
In Witness Whereof, I have hereunto set
my hand affixed my official seal this 8th
d,iy of Decemb er, y'022
0,
Iam A. Kus
County Clerk/Registrar of Voters
Certificate of Election
This is to certify that
STACI SMITH
was elected to the office of
Kingsburg City
Membel City Council District No. 4
of the County of Fresno,
State of California, at an election duly held
therein on
November 8, 2022
In Witness Whereof, I have hereunto set
my hand affixed my official seal this 8th
day of Decemb ery 2022
(^
|ames A. Kus
County Clerk/Registrar of Voters
Certificate of Election
This is to certify that
VINCEPALOMAR
was elected to the office of
Kingsburg City
Member, City Council District No. 5
of the County of Fresno,
State of California, at an election duly held
therein on
November 8, 2022
In Witness Whereof, I have hereunto set
my hand affixed my official seal this 8th
day of Decemb er,2022
h
Tames A. Kus
County Clerk/Registrar of Voters
RESOLUTION NO. 2022-070
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF KINGSBURG
RECOGNIZING AND HONORING
JEWEL HURTADO
FOR HER SERVICE ON THE KINGSBURG CITY COUNCIL
WHEREAS, Jewel Hurtado has well and faithfully served on the Kingsburg City Council for four years, being elected to District 1 in 2018; and WHEREAS, during Jewel’s tenure as a council member she has prioritized public safety by supporting investments at both fire stations as well as the police department, supporting the School Resource Officer and participating in ride a longs to see firsthand what the first responders experience; and WHEREAS, Jewel is most proud of the improvements at Athwal Park, a project that began during her service on the Community Services Commission and continued during her service as a council member. She worked hard to listen to her constituents and concentrate on infrastructure fixes; and
WHEREAS, Jewel is honored to have represented the City of Kingsburg and District 1, where she worked hard to forge and future partnerships with County and State officials; and
WHEREAS, during the global pandemic Jewel supported local businesses with grants, while under lockdown, she checked on neighbors, performed wellness checks and delivered food; and
WHEREAS, Jewel volunteered and helped raise funds for the Senior Center and hosted the first pride event in Kingsburg; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Kingsburg wishes to express appreciation and honor Jewel Hurtado for her service on the Kingsburg City Council these last 4 years with dedication and commitment to the betterment of the Community of Kingsburg.
*****
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 21st day of December, 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
RESOLUTION NO. 2022-071
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF KINGSBURG
RECOGNIZING AND HONORING
MICHELLE ROMAN
FOR HER SERVICE ON THE KINGSBURG CITY COUNCIL
WHEREAS, Michelle Roman has well and faithfully served on the Kingsburg City Council for eleven years, being first appointed in 2011, elected for two terms, and serving as the first female Mayor from 2016-2020; and
WHEREAS, Michelle is a trailblazer, she served as the first female Mayor Pro Tem and female Mayor for the City of Kingsburg, the first female chair for COG and Fresno County Rural Transit Agency; and
WHEREAS, Michelle started the first Fresno County Elected Women’s Dinners, where she brought together all elected women in the county for networking, fellowship and mentoring; and
WHEREAS, Michelle served as the chair of Selma, Kingsburg, Fowler, County Sanitation District (SKF) on behalf of the city. From there she was elected to serve on the Board for the Statewide California Association of Sanitation Agencies (CASA) representing the Central Valley; and
WHEREAS, Michelle worked tirelessly to complete many projects, including the skateboard park at Athwal Park, the Dala Trolley, the T-Mobile Customer Experience Center, starting the Kingsburg Youth Council, adding a youth Commissioner to our Community Services Committee, the addition of the new level 2 chargers for our downtown area, the mini mural project and creating incentives for new businesses in the city. Bringing her experience in education, Michelle also created a civics presentation for 3rd grade classrooms in Kingsburg that is now replicated in other cities. During the pandemic Michelle worked with State and County officials to get our own vaccination clinic, and wrote grants for local businesses to ensure they received grant money; and WHEREAS, under Michelle’s leadership the police department and fire department has doubled in size through the passage of Measure E, with both adding new necessary updated equipment ensuring the safety and health of Kingsburg residents; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Kingsburg wishes to express appreciation and honor Michelle Roman for her service on the Kingsburg City Council these last 11 years with dedication and commitment to the betterment of the Community of Kingsburg.
*****
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 21st day of December, 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
KINGSBURG CITY COUNCIL
REGULAR MEETING MINUTES
November 16, 2022
Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburgca.gov
The Invocation was given by Mayor Pro Tem Vince Palomar, followed by the Pledge of Allegiance led by Mayor Pro Tem Vince Palomar.
6 P.M. REGULAR SESSION MEETING:
Call to Order and Roll Call: Mayor Pro Tem Vince Palomar called the regular meeting of the Kingsburg City Council to order at 6:01 pm.
Council Members Present: Jewel Hurtado, Brandon Pursell, Jr., Michelle Roman and Mayor Pro Tem Vince Palomar.
Council Members Absent: Laura North.
Approve Agenda: A motion was made by Council Member Pursell, Jr., seconded by Council Member Roman, to approve the agenda, as published. The motion carried by unanimous voice of those members present.
Presentations:
Fire Department Swearing In and Badge Pinning
Chief Perkins presented Vincent Woodley, Firefighter/EMT; Dariuss Rodriguez, Engineer; and Jeff Loyd, Engineer.
Sponsor: Fire Department
FCRTA/Kingsburg Resiliency Hub- FCRTA General Manager Moses Stites Sponsor: FCRTA
Mr. Stites discussed the upcoming project of 27 parking stalls with 15 solar panels, 2 EV charging centers and a battery energy storing system. Total project cost will be $595,000. Project location will be 1399 Marion (parking lot behind the library. There will be no out-of-pocket costs to the City. He said they have started to use electric cars for FCRTA. Council Member Pursell, Jr. asked what size are the batteries? Moses said he has not identified yet, but able to absorb the energy. Council Member Palomar asked if we could change the location. Mr. Stites said yes.
Public Comments:
Mary Quatrain, resident, is against adding sidewalks on 18th.
Ray Garza, resident, is against adding sidewalks on 18th.
John Gerard, resident, asking about his alley. Supports Chief Neil Dadian.
Joshua Smith, resident, issue that Lennar homes were built higher than his home. Has an issue with drainage into his yard.
Consent Calendar: A motion was made by Council Member Roman, seconded by Council Member Hurtado, to approve the items appearing on the Consent Calendar. The motion carried by unanimous voice vote of those members present.
Kingsburg City Council Minutes
November 16, 2022
5.1 Approval of City Council Minutes: Approve the minutes from the November 2, 2022 Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period October 25, 2022 through November 7, 2022 as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
5.3 Amend The City’s Financial Policy to Allow for Investment with California CLASS. - Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Department
5.4 Waive the second reading and adopt Ordinance No. 2022-002- Staff Report by AJ O’Connell, Building Official
Sponsor: Community Development Department
Waive the second reading and adopt Ordinance No. 2022-002, an Ordinance Of The City Of Kingsburg An Ordinance Of The City Of Kingsburg Amending Various Chapters And Sections Within Said Chapters Of Title 15 Of The Kingsburg Municipal Code And Adopting The California Code Of Regulations, Title 24, 2022 Edition, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, And 12, The 2021 International Property Maintenance Code As Amended, And The 2021 International Swimming Pool And Spa Code As Amended; Amending City Of Kingsburg Ordinance 2009-01 Section 1; And Repealing Ordinance 2020-002, Ordinance 2010-04, Ordinance 476, Ordinance 99-06 Section 4, And Ordinance 2015-09 Of The City Of Kingsburg and pass to a second reading on November 16, 2022 with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG AMENDING VARIOUS CHAPTERS AND SECTIONS WITHIN SAID CHAPTERS OF TITLE 15 OF
THE KINGSBURG MUNICIPAL CODE AND ADOPTING THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, 2022 EDITION, PARTS 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, AND 12, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED, AND THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE AS AMENDED; AMENDING CITY OF KINGSBURG ORDINANCE 2009-01 SECTION 1; AND REPEALING
ORDINANCE 2020-002, ORDINANCE 2010-04, ORDINANCE 476,
ORDINANCE 99-06 SECTION 4, AND ORDINANCE 2015-09 OF THE CITY OF KINGSBURG”
5.5 Approval of the Closure of Church Street for the Kingsburg Extravaganza Events on 12/17/2022; 1/14/2023 and 2/18/2023- Staff Report by Community Services Director Adam Castaneda.
Sponsor: Community Services Department
5.6 Approve the proposed KPOA MOU Revision for 2022-2024– Staff Report by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services Department
Kingsburg City Council Minutes
November 16, 2022
Regular Calendar
Grant Writing Consultant Discussion – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover
Sponsor: Administrative Services Department
City Manager Alexander Henderson said historically, city staff have researched and completed grant writing applications for eligible projects. While we have been successful in getting both local (Kingsburg Tri-County Healthcare) and State (Prop. 68 Park funds) grants to help improve the community, many grants are becoming more complex and time consuming to complete. Given the historic congressional funding that has been approved (Infrastructure Investment and Jobs Act & Inflation Relief Act), the Finance Committee directed staff in August to begin researching grant writing professionals that could assist the city in getting once in a lifetime funds. Two firms have submitted proposals.
Townsend Public Affairs employee Andres Rameriez said the monthly retainer will allow staff to take advantage of their services due to it not being an hourly charge. Council Member Roman asked with the $6,500 monthly fee, we are not limited at how many we apply or forced to pay a percentage of grants? You will be actively looking for grants? Mr. Rameriez said yes. Christopher Townsend said there are no hidden charges, it is all baked into the contract. Council Member Pursell, Jr. spoke about ear marks in budgets and the ability to get the right money for the right projects. Council Member Hurtado asked about local grants.
Council Member Pursell, Jr. motioned, seconded by Council Member Hurtado, to approve the agreement and authorize the city manager to execute the Townsend Public Affairs Contract. The motion carried by unanimous voice vote of those members present.
Request for Proposals – General Plan Update – Staff Report by Community Development Director Holly Owen
Sponsor: Community Development Department
Community Development Director Holly Owen said the last General Plan Update was written in 1992.
The policy document is written by the community to guide the city. Housing element will be included in this. Council Member Roman asked if we are getting funding with COG. Ms. Owen said yes, the housing element. Council Member Roman asked how is this funded. Council Member Pursell, Jr. said with ARPA funds. City Manager Henderson said we are trying to as transparent as possible.
Council Member Roman, seconded by Council Member Pursell, Jr., to accept the General Plan Update Request for Proposals and direct staff to advertise accordingly. The motion carried by unanimous voice vote of those members present.
Kingsburg Elementary Charter School District Consulting Agreement After School Recreation Program– Staff Report by Community Services Director Adam Castaneda Sponsor: Community Services Department
Community Services Director Adam Castaneda presented that the school district is getting funding for afterschool care for TK-6th grade. The expanded learning opportunity will allow schools to have free afterschool programs. Council Member Roman asked if it will be ran the same, but the school district will pay for it? Mr. Castaneda said yes. Council Member Roman asked about curriculum. Dr. Wes Sever said there will certain criteria. Council Member Palomar asked about the free cost and the possibility that the numbers will go up.
Council Member Roman motioned, seconded by Council Member Hurtado, to approve the Kingsburg Elementary Charter School District and the City of Kingsburg consulting agreement as presented and Kingsburg City Council Minutes
November 16, 2022
authorize the City Manager to execute the agreement. The motion carried by unanimous voice vote of those members present.
Crime Statistics Report for the Month of October 2022 and General Police Department UpdateCrime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.
Sponsor: Police Department
Police Chief Neil Dadian stated that the crime stats haven’t changed much. He gave an update to the murder. He spoke about ACT arrests and recruiting. There are recent promotions of Sergeants. He gave an update on training and the police department remodel. He is hoping to go live with body worn cameras by March 2023. Chief Dadian gave thanks to Public Works Director Galvez and the public works crew.
Council Reports and Staff Communications
Community Services Commission- City Manager Henderson said they met last week, updates on park projects.
Public Safety Committee- Council Member Palomar said they met Monday- discussed fund allocation body cams and possible outreach for adults about fentanyl.
Chamber of Commerce- Council Member Pursell, Jr. said they met last Tuesday, nothing to report.
Economic Development – Council Member Roman said they met and discussed mini-murals.
Finance Committee- Council Member Pursell, Jr. said they haven’t met.
Planning Commission- Community Development director said they have not met.
South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)- Council Member Hurtado said they are meeting tomorrow.
Downtown Business Improvement District- Council Member Hurtado said they haven’t met.
Council of Governments- Council Member Roman said they are meeting tomorrow.
Council Member Reports- None.
City Manager’s Report – City Manager Henderson spoke about the Santa Lucia Festival, annual awards, and Julgransfest.
Future Agenda Items:
Council Member Roman would like to follow up regarding the sidewalks on 18th Avenue. Council Member Pursell, Jr. asked for a map of properties affected and have City Engineer Peters here to discuss it.
Adjourn Regular Kingsburg City Council Meeting.
Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
KINGSBURG CITY COUNCIL
REGULAR MEETING MINUTES
WEDNESDAY, December 7, 2022
THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.
Invocation was given by Mark Thompson, Kingsburg First Baptist 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 Pro Tem Palomar called the regular meeting of the Kingsburg City Council to order at 6:03 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 Pursell, seconded by Mayor North to approve the Agenda as published. The motion carried by unanimous voice vote.
Public Comments:
Larry King, resident, just wanted to introduce himself to the council and his neighbors in Kingsburg.
Consent Calendar: Mayor North wanted to pull 5.2. She wanted to change a date on the 2023 Master Calendar because of the Rafer Johnson Promotions. A motion was made by Council Member Roman, seconded by Council Member Hurtado, to approve 5.1 appearing on the Consent Calendar. The motion carried by unanimous voice vote. A motion was made by Mayor North, seconded by Council Member Roman, to pull 5.2 appearing on the Consent Calendar. The motion carried by unanimous voice vote.
5.1 Check Register: Ratify/approve payment of bills listed on the check register for the period November 8, 2022 through November 28, 2022 as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
5.2 Approve of the 2023 Master Calendar of City Council and all other committees and commissions - Staff Report prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk
Regular Calendar
Amended Development Agreement – Stone Plaza - Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
City Manager Alexander Henderson spoke about the history of the project.
Council Member Roman expressed her concern and frustration because of the delay in the project. If the project was started earlier and on time, there will not be a need for another extension. Efren Yanez said he understands the frustration. He explained that it is not an easy project to start with, and that they are working with the City to get the best tenant. He knows it is frustrating, but he wants to thank everyone for the support, and he apologizes. He said that this is the last extension. He is hoping to be done by the first quarter of 2023. Apartments is 1st quarter, and the rest should be Kingsburg City Council Minutes
April 6, 2022
done by the end of the year. Mayor North agreed that the frustration is with all the extensions. Mr.
Yanez explained the reason for the delay. But he thinks that everyone will be happy with the progress they have made so far. Yanez Construction met all the requirements from the last agreement, except the completion date. Council Member Pursell, Jr. said that per impact fee agreement, with them waiving that fee, there is an expectation from the council that Mr. Yanez will meet the deadlines. Council continued to discuss the dates of occupancy and what happens if Mr.
Yanez does not meet the deadline again. The Council is looking for a guaranteed responsibility. Mr.
Henderson explained that there is progress in the project. Mr. Noland wanted to remind the Council that this is an amendment so there are default provisions in the original development agreement. We can add provisions to the second amendment if necessary.
A motion was made by Mayor North, seconded by Council Member Pursell, to approval of the proposed amended development agreement to construct a mixed-use residential project as prepared by the city attorney. The motion carried by unanimous voice vote.
Development Impact Fee Report for FY 2021-22 & Five Year SB1693 Report - Staff Report by Finance Director Alma Colado
Sponsor: Community Development Department
City Manager Alexander Henderson discussed the Development Impact Fees Annual Report that provides information on the amount of development impact fees collected and expended, and the interest earned on unexpended funds from July 1, 2021, through June 30, 2022 A motion was made by Council Member Roman, seconded by Council Member Hurtado, to adopt Resolution 2022-068. The motion carried by unanimous voice vote.
Council Reports and Staff Communications
Community Services Commission – Nothing to report.
Public Safety Committee - Nothing to report.
Chamber of Commerce - Nothing to report.
Economic Development – Received more information from artists regarding ideas for the murals. Will meet with artists and property owner a little later this month. Mr. Noland drafted those agreements.
Finance Committee - Nothing to report.
Planning Commission - Nothing to report.
South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA) – There is language regarding a contract from Fowler.
Downtown Business Improvement District - Nothing to report.
Council of Governments -There will be a special meeting next week.
Kingsburg City Council Minutes
April 6, 2022
Council Member Reports – Had fun in the trolley during the parade. Council Member Palomar and City Manager Henderson went to the Mathis luncheon. Council Member Roman said the Historical Park did a good job on their fundraiser and that the Julgransfest had a good turnout. The Zoo had their opening for their new office space. Hosted the Kingsburg Task Force this month. Council Member Pursell, Jr. praised the model trains at the depot.
City Manager’s Report – The Measure C Golden State Blvd project that is supposed to start in 2023 and will begin in Kingsburg. The replica of the coffee pot is up in the round about. It is yet to be painted.
Future Agenda Items:
12/21/2022 – City Council Oath of Office and Council Recognition The Kingsburg City Council adjourned out of the Regular Calendar into Closed Session at 6:44pm:
9.1 Public Employment: California Government Code Section 54957 Title: City Manager
City Council Adjourned out of Close Session into Regular Kingsburg City Council Meeting and report out of Closed Session at 6:44pm.
City Attorney Mike Noland said there was no report.
Adjourn Regular Kingsburg City Council Meeting. At 7:13 P. M. Mayor Pro Tem Palomar adjourned the meeting.
Submitted by:
____________________________________
Karyl Bartel, Community Development Administrative Assistant Accounts Payable
User:
Printed:
marshaa
12/15/2022 11:03 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
82537 4419 WILL TIERSIERA FORD 11/29/2022 64,320.35
Total for 11/29/2022: 64,320.35
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 12/02/2022 1,200.00 ACH 3470 Internal Revenue Service - ACH 12/02/2022 61,737.43 ACH 3471 Employment Development Department - ACH12/02/2022 12,533.82 ACH 3472 CalPERS - ACH 12/02/2022 46,746.01
ACH 3475 Empower 12/02/2022 3,610.17
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 12/02/2022 240.46 ACH 3526 Public Employees Retirement System 457 Plan-Deferred Comp - ACH 12/02/2022 347.88 ACH 4707 ICMA-WIRE 401(A) 12/02/2022 250.00
ACH 3470 Internal Revenue Service - ACH 12/02/2022 18,252.16 ACH 3471 Employment Development Department - ACH12/02/2022 3,677.53 82538 3716 FRANCHISE TAX BOARD STATE OF CALIFORNIA 12/02/2022 100.00 Total for 12/2/2022: 148,695.46
82539 4560 4LEAF, INC. 12/09/2022 327.50
82540 3005 AFLAC 12/09/2022 766.70
82541 4545 AMAZON.COM SALES, INC. 12/09/2022 501.96
82542 3891 AMERICAN BUSINESS MACHINES 12/09/2022 15.00
82543 3018 ANDERSON STRIPING & CONSTRUCT 12/09/2022 32,269.70 82544 4628 JOSEFINO AREVALO 12/09/2022 34.00
82545 3029 AT&T CALNET 3 12/09/2022 148.19
82546 3300 AVENU INSIGHTS & ANALYTICS 12/09/2022 2,507.39 82547 3054 BSK ASSOCIATES 12/09/2022 927.00
82548 4781 BUILDER SERVICES GROUP, INC 12/09/2022 25.00 82549 3056 CAL STATE TERMITE AND PEST 12/09/2022 460.00 82550 4429 CANON FINANCIAL SERVICES, INC 12/09/2022 2,315.71 82551 3067 CARDMEMBER SERVICE 12/09/2022 1,908.69
82552 3831 ADAM CASTANEDA 12/09/2022 75.00
82553 3079 CENTRAL VALLEY SWEEPING, INC. 12/09/2022 19,912.50 82554 4777 KRISTI CHAN 12/09/2022 130.00
82555 4574 CHARLES TESTERMAN GENERAL ENGINEERING, INC. 12/09/2022 3,100.00 82556 3918 CINTAS 12/09/2022 1,058.60
82557 3822 ALMA COLADO 12/09/2022 75.00
82558 4448 CORE & MAIN 12/09/2022 1,908.70
82559 4385 CPSI 12/09/2022 6,162.25
82560 3148 DON BERRY CONSTRUCTION 12/09/2022 161,793.08 82561 3152 E C N POLYGRAPH & INVEST 12/09/2022 500.00
82562 3750 EAGLE ENGRAVING, INC. 12/09/2022 210.07
82563 4229 EBA&M CORPORATION 12/09/2022 2,470.00
82564 4615 EMERALD TEXTILES SERVICES 12/09/2022 646.01
82565 3158 ENER POWER 12/09/2022 6,774.00
82566 4568 SHAWN ERWIN 12/09/2022 140.00
82567 3693 FERGUSON ENTERPRISES, INC. 12/09/2022 2,489.61 AP Checks by Date - Summary by Check Date (12/15/2022 11:03 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
82568 3184 FRESNO CITY COLLEGE-Business Office 12/09/2022 828.00 82569 4640 FRESNO COUNTY TREASURE 12/09/2022 430.00
82570 3206 GLACIER REFRIGERATION AND AIR 12/09/2022 1,706.96 82571 4492 MONIQUE GONZALES 12/09/2022 34.00
82572 3222 HENRY SCHEIN, INC. 12/09/2022 639.59
82573 4059 KRISTIN HERNANDEZ 12/09/2022 148.00
82574 4497 ROLINDA HERNANDEZ 12/09/2022 185.00
82575 4585 ISIDRO HERRERA 12/09/2022 420.00
82576 3225 HOME DEPOT CREDIT SERVICES 12/09/2022 2,842.21 82577 3999 IRON MOUNTAIN 12/09/2022 172.18
82578 3242 JOE SAUBERT INC. 12/09/2022 1,065.04
82579 3245 J'S COMMUNICATIONS, INC. 12/09/2022 324.75
82580 3249 KAISER FOUNDATION HEALTH PLAN INC12/09/2022 5,667.33 82581 3251 KEN RISENHOOVER ROOFING 12/09/2022 24,746.00 82582 4780 KINGS MEDICAL CENTER, INC. 12/09/2022 1,032.00 82583 3253 KINGSBURG CHAMBER OF COMMERCE12/09/2022 2,500.00 82584 3254 KINGSBURG CHEVRON 12/09/2022 175.00
82585 3625 KINGSBURG MEDIA FOUNDATION 12/09/2022 2,399.98 82586 3259 KINGSBURG SUPERMARKET, INC. 12/09/2022 249.02 82587 3262 JAMES KIRK 12/09/2022 80.00
82588 3266 BRENT KROEGER 12/09/2022 34.00
82589 4783 KROEKER INC. 12/09/2022 1,600.49
82590 3269 LAW & ASSOCIATES 12/09/2022 600.00
82591 3276 LIFE ASSIST INC 12/09/2022 114.42
82592 4329 MCI COMM SERVICES 12/09/2022 34.90
82593 3293 MID VALLEY DISPOSAL 12/09/2022 1,200.00
82594 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 12/09/2022 2,169.20 82595 3307 NELSON'S ACE HARDWARE 12/09/2022 1,142.22
82596 3313 WAYNE OSBORNE 12/09/2022 185.00
82597 3611 HOLLY OWEN 12/09/2022 75.00
82598 3315 P G & E 12/09/2022 11,144.34
82599 3450 ABIGAIL PALSGAARD 12/09/2022 75.00
82600 3319 KEVIN PENDLEY 12/09/2022 215.94
82601 3327 PITNEY BOWES GLOBAL FINANCIAL SVC'S. LLC 12/09/2022 222.40 82602 3329 POLYACK MARKETING 12/09/2022 3,300.00
82603 3333 PRICE, PAIGE & COMPANY 12/09/2022 1,379.00
82604 4773 KARINA RAMIREZ 12/09/2022 2,600.00
82605 4776 CYNTHIA REYNOSO 12/09/2022 150.00
82606 4775 LINDA SALWASSER 12/09/2022 3,000.00
82607 3369 SILVAS OIL COMPANY, INC. 12/09/2022 6,653.24 82608 4262 SILVERFOX ELECTRIC, INC. 12/09/2022 878.46
82609 4779 ALISHA SLOAN 12/09/2022 130.00
82610 4142 SPARKLETTS 12/09/2022 118.42
82611 3382 SHAUN STEPHENS 12/09/2022 215.94
82612 4028 SUPERIOR POOL CARE 12/09/2022 2,600.00
82613 4778 CECILIA TAYLOR 12/09/2022 780.00
82614 4334 TELSTAR 12/09/2022 785.00
82615 4636 THE MOWERS EDGE INC 12/09/2022 3,186.57
82616 4016 ULINE Shipping Supplies Specialist 12/09/2022 906.43 82617 4774 VALLEY AIR CONDITIONING & REPAIR, INC. 12/09/2022 1,280.00 82618 3416 VERIZONWIRELESS 12/09/2022 1,259.14
82619 3419 VIKING CLEANING SERVICE 12/09/2022 3,920.00
82620 3469 WECO SUPPLY CO., INC. 12/09/2022 32.40
82621 3448 CHRISTINA WINDOVER 12/09/2022 75.00
82622 3430 WONG, ANDY & BETTY 12/09/2022 2,600.00
Total for 12/9/2022: 349,959.23
AP Checks by Date - Summary by Check Date (12/15/2022 11:03 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Report Total (96 checks): 562,975.04
AP Checks by Date - Summary by Check Date (12/15/2022 11:03 AM) Page 3
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Christina Windover, Assistant City Manager/ASD REVIEWED BY: AJH AGENDA ITEM: EMT (Non-Safety) Shift Schedule Job Description ACTION REQUESTED: ___Ordinance ___Resolution _ _Motion ____Receive/File
EXECUTIVE SUMMARY
Fire Chief Perkins is redirecting currently budgeted funding for part-time firefighters because the Fire Reserve Program has been modified to reflect modern industry standards and labor market challenges. To utilize the remaining funding most efficiently, the Chief is proposing to create full-time non-safety EMT positions. I have attached the proposed job description and benefit information to this staff report. The proposed details and benefits for this position include:
1. This is a temporary, non-permanent, full-time position. Full-time is 40 hours per week and subject to the FLSA.
2. The proposed rate is effective January 1, 2023. The proposed pay range is $4,335-$5,269 per month.
3. CalPERS participation as a non-safety miscellaneous employee.
4. An offer of medical, dental, and vision insurance.
5. Mandatory sick leave benefits (CA Healthy Families Act – 24 hours per year).
6. City paid uniform and safety equipment.
7. All other benefits will be paid or offered based on applicable law.
The creation of the position offers additional flexibility for the department to assist in meeting community needs.
The City currently has a part-time non-safety position, but is planning for the opportunity to add positions in the future as need dictates and finances allow.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the proposed job description and benefits for the EMT (non-safety) position.
POLICY ALTERNATIVE(S)
1. Council could decline to approve the proposed job description and benefits.
REASON FOR RECOMMENDATION/KEY METRIC
1. Improve Public Safety
2. Ensure Financial Stability
Meeting Date: 12/21/2022
Agenda Item: 8.3
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
BACKGROUND INFORMATION
The City of Kingsburg Personnel Manual (Section 501 Position Classification) authorizes Council to approve all new or revised job descriptions within the City’s Classification Plan. The proposed position description has been compiled based on industry standards. Having appropriate position descriptions and benefit structures ensures internal equity and aids in recruiting and selecting qualified personnel.
ATTACHED INFORMATION
1. Updated Job Description for EMT (Non-Safety) Shift Schedule.
FISCAL IMPACT:
1. Is There a Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 320 & 106 Funds
FULL-TIME EMT (NON-SAFETY)
DEFINITION
Under general supervision of their assigned supervisor to provide definitive care and treatment to persons in life-threatening medical situations; respond to both routine and emergency medical aids.
DISTINGUISHING CHARACTERISTICS
The FULL-TIME NON-SAFETY EMT responds to medical emergencies; renders aid to injured parties; operates ambulances and other related medical equipment; participates in station, equipment, and apparatus maintenance; attends training classes and drills; diagnoses medical problems and performs first-aid and resuscitator functions; and other related duties as assigned
TYPICAL DUTIES
1. Perform EMT duties and maintain EMT certification.
2. Perform competently under extreme pressure and in stressful situations.
3. Understand and act in accordance with departmental polices, rules, instructions, and written material.
4. Retain presence of mind in emergency situations.
5. Understand and carry out oral and written directions.
6. Establish effective working relationships with staff and the general public.
7. Maintain physical endurance and agility.
8. Make accurate observations and rapid judgements.
9. Demonstrate an awareness and appreciation of the cultural diversity of the community.
Knowledge of:
1. First aid methods.
2. A basic understanding of fire-based Emergency Medical Services (EMS) delivery system.
3. Cardiopulmonary Resuscitation (CPR).
4. EMT scope of practice.
5. EMS procedures and equipment.
6. English usage, spelling, grammar, and punctuation.
7. Principles and practices of customer service.
WORKING CONDITIONS
Environmental Conditions: Exposure to varying inside temperatures, correspondent with seasonal climate outside; exposure to the hazards of emergency medical services, to smoke and hazardous material fumes, to heat from fires, seasonal elements at emergency sites; exposure to communicable diseases (HIV, HBV, HCV, tuberculosis, meningococcal meningitis, various parasites, etc.)
Physical Conditions: Essential and marginal functions require maintaining physical condition necessary for minimal to frequent bending, turning, reaching, grasping, kneeling, standing, sitting, and walking; and moderate to heavy pushing, pulling, lifting, and carrying. Physical strength and agility to lift and carry heavy objects, such as a gurney while transporting patients; lift, pull and operate gurney; climb ladders and stairs; bend, stoop, kneel, and crawl in tight spaces.
MINIMUM QUALIFICATIONS
Experience: Six months of full-time field experience as an Emergency Medical Technician (EMT) is highly desirable.
Training: Equivalent to the completion of the twelve grade.
License/Certificate:
Possess and maintain, as a condition of employment, the following:
• A current State of California Class C Driver’s License with an ambulance driver’s endorsement.
• A current EMT-I certification as defined by the State of California Emergency Medical Services Authority (EMSA).
• A current Cardiopulmonary Resuscitation (CPR) certification
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Christina Windover, Administrative Services Director REVIEWED BY: AP AGENDA ITEM: Payroll Specialist Job Description
ACTION REQUESTED: ___Ordinance ___Resolution _ _Motion ____Receive/File
EXECUTIVE SUMMARY
The City of Kingsburg Personnel Manual (Section 501 Position Classification) authorizes Council to approve all new or revised job descriptions within the City’s Classification Plan. Staff is proposing a new job description for a Payroll Specialist. Currently, the responsibilities for this position are conducted by an Account Clerk; however, the proposed job description more accurately reflects the responsibilities required for the job. The position is full-time, FLSA exempt, and would be part of the Unrepresented Employees – Mid-Management group. The salary for the position will be published separately in the City’s Salary Chart.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the proposed Payroll Specialist position.
2. Adopt Resolution 2022-073, the revised Unrepresented Management Employees Salary and Benefit Resolution.
POLICY ALTERNATIVE(S)
1. Provide alternative direction to staff.
REASON FOR RECOMMENDATION/KEY METRIC
1. Ensure Financial Stability
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
BACKGROUND INFORMATION
See Executive Summary.
ATTACHED INFORMATION
1. Updated Job Description for Payroll Specialist.
2. The revised Unrepresented Management Employees Salary and Benefit Resolution redline version.
3. Resolution 2022-073- The revised Unrepresented Management Employees Salary and Benefit Resolution.
Meeting Date: 12/21/2022
Agenda Item: 8.4
FISCAL IMPACT:
1. Is There a Fiscal Impact? Yes
2. Is it Currently Budgeted? N/A
3. If Budgeted, Which Line? Varies
PAYROLL SPECIALIST
DEFINITION
Under general supervision, the PAYROLL SPECIALIST performs paraprofessional duties related to general accounting work and payroll processing; maintains City financial accounts and records and assists in the preparation of financial reports and analyses; provides responsible technical and clerical accounting support to professional staff; and performs related work as required. Receives general supervision from the Finance Director. No direct supervision of staff is exercised. May exercise technical and functional direction over assigned staff.
DISTINGUISHING CHARACTERISTICS
This is a single-position journey-level class in the paraprofessional accounting series that performs the full range of technical work related to the payroll function. Incumbents receive and review payroll records ensuing compliance with City policies, procedures, and regulations, enter payroll into computerized system, process, calculate and post a variety of payroll actions, balance and prepare payroll reports.
TYPICAL DUTIES
Duties may include, but are not limited to, the following:
1. Receives and reviews payroll records ensuring compliance with City policies, procedures, and regulations; enters payroll unto system as assigned; processes, calculates, and posts a variety of payroll actions including wage garnishments, benefits, withholding, overtime hours, and workers’ compensation pay; prepare, balance, and correct payroll reports.
2. Maintains a variety of files and records related to the City’s payroll system; makes permanent payroll employee changes to benefits, taxes, address, deductions, accruals, and adds pay; post to payroll computer system.
3. Prepares payroll and all related payroll reports including tax deposit, quarterly reports, and W-2’s; balances and prepares payroll taxes for State and Federal quarterly and annual returns.
4. Maintains, audits, verifies, and reconciles a variety of reports, journals, budgets, or related fiscal or statistical data; summarized and posts data as required.
5. Audits and verifies information, including source data as well as manual and computerproduced reports.
6. Provides information to the public or City staff that requires the use of judgment and the interpretation of rules or procedures; meets with the public to obtain data, interpret information, and answer questions; prepares correspondence independently to answer questions, request information, or provide explanations.
Payroll Specialist (continued)
7. Performs a variety of general office support work such as organizing and maintaining various files, typing correspondence, reports, forms, and specialized documents; proofreads and checks materials for accuracy completeness and compliance with City and department policies and regulations.
8. Prepares and maintains computerized financial spreadsheets on a personal computer for ledgers and statistical records; prepares reports from spreadsheets summarizing information and financial records.
9. Maintains and reconciles a variety of ledgers, reposts, and account records; examines and corrects accounting transactions to ensure accuracy.
10. Prepares a variety of routine fiscal reports, statements, and schedules; prepares new year, mid-year, and year end reports.
11. Establishes and maintains complete files and records related to assigned function.
12. Prepares and enters journal entries.
13. Acts as back up to print accounts payable checks.
14. Communicates with employees regarding payroll issues such as wage garnishments, deductions, W-4 forms, and direct deposits; assists employees by providing fiscal information, explaining procedures, and answering questions.
15. Communicates and corresponds with various government agencies regarding wage garnishments.
16. Gathers, checks, and tabulates data used in the preparation if records and reports, researches background information and account histories.
17. Enters and retrieves information using standard word processing and spreadsheet software.
18. Performs a variety of general clerical duties including typing, maintaining files, and records, processing mail and ordering supplies; distributes mail and supplies to appropriate departments.
19. Assists professional accounting staff with special projects as required.
20. Acts as a back-up at the utility payment window.
21. Performs related duties as assigned.
Payroll Specialist (continued)
MINIMUM QUALIFICATIONS
Education:
Equivalent to an Associate’s degree form an accredited college with major coursework in accounting, finance, business administration, or a closely related field is desirable.
Experience:
Two (2) years of responsible technical accounting or payroll processing experience.
Licenses/Certificates:
Possession of, or ability to obtain, an appropriate, valid California driver’s license.
Knowledge of:
Terminology and practices of financial and accounting document processing and record keeping, including payroll, accounts payable, accounts receivable and purchasing.
Basic principles and practices of fund accounting and public agency budgeting.
Record keeping, information processing requirements and rules and policies related to the production of an employee payroll.
Computerized finance systems and computer software and systems related to accounting and payroll processes.
Applicable Federal, State, and local regulations, policies and procedures of fiscal recordkeeping and accounting.
Principles and practices of auditing payroll, accounts receivable, and other accounting and finance documents.
Record keeping and filing principles and practices.
Modern office practices, methods, and computer equipment.
Computer applications related to work, including word processing and spreadsheet software.
English usage, grammar, spelling, vocabulary, and punctuation.
Techniques for providing a high level of customer service to public and City staff, in person, by email, and over the telephone.
Payroll Specialist (continued)
Ability to:
Performed detailed accounting and financial office support work accurately and in a timely manner.
Prepare financial reports and maintain ledgers and journals through the use of spread sheets and/or word processing.
Review payroll and other financial documents for completeness and accuracy.
Interpret, apply and explain a variety of Federal, State and local regulations, policies and procedures of fiscal record keeping and accounting.
Perform responsible and difficult account entry and record keeping work.
Analyze data and draw logical conclusions; identify and troubleshoot problems.
Learn prescribed formulas for calculation and reconciliation of assigned functions; perform mathematical calculations with speed and accuracy.
Perform a variety of processing/record keeping clerical functions; accurately compare, 1 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG
ESTABLISHING A SALARY & BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
WHEREAS, Section 36506 of the Government Code of the State of California provides that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive officers and employees; and
WHEREAS, the City Council has heretofore by Resolution established salary and benefit schedules for management, and all other unrepresented employees of the City (“Unrepresented Group”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kingsburg (“CITY”) as follows:
ARTICLE 1:
SECTION 1:
The Salary Chart is adopted separately which includes the salaries and ranges for all City of Kingsburg employees. The salaries or rates of compensation for the Unrepresented Group are fixed on the basis of full- time service and full-time positions, unless otherwise designated.
SECTION 2:
1. Bilingual Pay
Employees who pass a bilingual proficiency test administrated by CITY will receive two and one-half percent (2.5 %) additional pay calculated on base wages.
2. Notary Pay
Unrepresented Non-Supervisory Employees who are commissioned by the State of California as a Notary Public may receive a 2.5% of base pay incentive if need of their commission is beneficial to City business as approved by the City Manager.
3. Education Incentive Pay
Education Incentive Pay provides Unrepresented Non-Supervisory Employees a maximum of two and one-half percent (2.5%) base salary adjustment for an AA/AS Degree or five percent (5%) base salary adjustment per employee for a BA/BS Degree in job related fields as approved by the City Manager.
4. Cell Phone Stipend or City-provided Device
On approval of the City Manager, employees with duties that require the use of a cell phone may receive a $75.00 monthly stipend or a City-provided device so that a single device may be used for both personal and business purposes. The stipend will be considered non-taxable income to the employee. Employees receiving the stipend must comply with all applicable laws pertaining to the Public Records Act. 2 5. Safety Boots
On approval of the City Manager, employees whose positions require a majority of their time to be spent working where safety is a concern, may receive a reimbursement for the purchase of safety boots up to the amount as set forth in the current Kingsburg Public Service Employees Association (“KPSEA”) Memorandum of Understanding (“MOU”).
Reimbursements are made upon request and shall not occur more than once per calendar year.
6. Take Home Vehicle or Vehicle Allowance – Executive Management A. $500.00 per month in lieu of a take-home City vehicle. Per IRS regulation, the allowance will be considered taxable income to the employee and is at the discretion of the City Manager. Employees who receive a take home vehicle must be in compliance with the City of Kingsburg Take Home Vehicle Policy.
7. Salary & Stipends
Employees shall receive base wage increases in accordance with the KPSEA MOU, unless approved by a majority vote of the City Council.
SECTION 3: Benefit Schedule for Management Employees
1. Management Group Designation by Job Title
a. Executive Management
Assistant City Manager/Administrative Services Director City Clerk
Community Development Director
Community Services Director
Finance Director
Fire Chief
Public Works Director
Police Chief
The Executive Management positions are FLSA Overtime Exempt, at-will department heads appointed by the City Manager.
b. Mid-Management
Accountant*
Assistant Public Works Director
Building Official
Fire Administrative Assistant*
Management Assistant
Payroll Specialist*
Police Administrative Assistant*
Police Lieutenant
Public Works Superintendent
These positions are FLSA Overtime Exempt positions. *Non-Supervisory/ Unrepresented employees may receive Education Incentive Pay at two and onehalf percent (2.5%) base salary adjustment per employee for an AA/AS Degree or five percent (5%) base salary adjustment per employee for a BA/BS Degree. 3 2. Benefit Schedule for Management Employees:
a. Executive Management
1) Leave:
a) Administrative – 56 hours/calendar year; cannot be accumulated or carried over from calendar year-to-year.
b) Vacation – Accrual of vacation time based upon:
YEARS OF SERVICE VACATION ALLOWANCE
1-5 12 Days
6 13 Days
7 14 Days
8 15 Days
9 16 Days
10 17 Days
11 18 Days
12 19 Days
13 - 19 20 Days
20 plus 25 Days
Vacation will be accrued and credited on a bi-weekly basis when an employee is in pay status for 50% or more of the work days or shifts in a given pay period. Unrepresented Group employees shall accrue vacation in accordance with the City of Kingsburg Personnel Manual. The City Manager has the sole discretion to determine the appropriate vacation allowance based on the years of service in the public sector or related employment experience. Vacation leave accrual shall have a maximum of five hundred (500) hours. When an employee reaches this cap, there will be no vacation accrual until the vacation leave accrued is below the maximum cap. c) Sick – Accrual of sick leave time at the rate of 15 days/year. Sick leave shall have a maximum cap of eight hundred (800) hours. When an employee reaches this cap, there will be no sick accrual until the sick leave accrued is below the maximum cap.
d) Bereavement – Three days paid sick leave/year as approved by the City Manager. Additional leave can be approved by the City Manager in accordance with the Kingsburg Personnel Manual.
e) Holidays
- New Year’s Day
- Martin Luther King, Jr. Day
- Lincoln’s Birthday
- Washington’s Birthday
- Good Friday – One half day Friday before Easter
- Memorial Day
- Independence Day
- Labor Day
4 - Veteran’s Day
- Thanksgiving Day
- Friday after Thanksgiving
- Christmas Eve
- Christmas Day
- New Year’s Eve
- Employee’s Birthday - Floating Holiday (must be used
annually on a calendar basis by December 31st or lost)
Paid holidays falling on a Saturday shall be observed on the preceding Friday. Paid holidays falling on a Sunday shall be observed on the following Monday.
2) Health and Welfare
a) Medical – City shall maintain medical coverage and shall pay the average of 85% of premium plans of the employee and qualified dependent care premiums. The employee portion of the premium shall be the responsibility of the employee to pay through payroll deductions. The employee portion of the premium shall follow the KPSEA MOU.
b) Dental – City shall provide and maintain current dental coverage and benefits through an authorized provider. City will pay 100% of premium for employees & dependents who are covered under the medical plan. Employees who opt-out of the City medical plans or their dependents can elect dental insurance and pay 15% of the premium. The employee portion of the premium shall follow the KPSEA MOU.
c) Vision – City shall provide and maintain current vision coverage through an authorized provider. City will pay 100% of premium for employees & dependents. Employees who opt-out of the City medical plans or their dependents can elect vision insurance and pay 15% of the premium. The employee portion of the premium shall follow the KPSEA MOU.
d) Life ($15,000) – 100% of premium paid by City.
e) Unemployment – In accordance with State law.
f) Worker’s Compensation – In accordance with State law. g) Cash-In-Lieu of Benefits Option – Employees may voluntarily enroll in the Cash-In-Lieu of Benefits program if they have alternative medical, dental, or vision coverage not provided by the City. Employees will receive monthly in-lieu payments as taxable income and reflected in withholding contributions on their paycheck. Employees may be eligible to re-enroll in City benefit plans only during the Open Enrollment period or within 30 days of: Family Unit change due to marriage, birth, or adoption; Loss of other coverage; Court or administrative order; Reemployment after Military service. Cash-inLieu amounts will be paid in accordance with the KPSEA MOU.
Employees must re-enroll and show proof of alternative coverage annually.
5 3) Retirement
a) Social Security – In accordance with Federal law. City shall only pay 100% of the employer contribution. The employee contribution shall be deducted from the employee’s paycheck.
b) CalPERS ‘Classic’ Members – Employees defined by CalPERS as 'Classic’ members shall have a 2.0% @ Age 55 Miscellaneous and 3% @ 55 for Safety group employees tier retirement packages with the California Public Employees Retirement System (CalPERS). ‘Classic’ members shall pay 100% of the ‘employee’ member-paid pension contribution rate as a percentage of payroll, as set by CalPERS.
c) CalPERS PEPRA Members - PEPRA members shall have a 2.0% @ Age 62 miscellaneous tier and a 2.7% @ 57 for Safety PEPRA retirement package with CalPERS, and shall be responsible for payment of their member contribution rate as a percentage of payroll. CalPERS will review the member rate once a year when the actuarial valuation of the City's plan is performed. Should CalPERS revise the member contribution at any time, the City shall comply with law by adjusting contribution rates of new members. b. Mid-Management
1) Leave – Same benefits as those listed above for Executive Management, 2) Health and Welfare – Same benefits as those listed above for Executive Management.
3) Retirement – Same benefits as those listed above for Executive Management.
ARTICLE 2: The salary and benefits outlined herein shall remain in effect beginning December 21, 2022 unless modified or repealed by resolution. All prior resolutions concerning compensation or benefits for the Unrepresented Group which are in conflict herewith are hereby repealed.
This foregoing Resolution was duly passed, approved, and adopted this 21st day of December 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_________________________________
Laura North, Mayor
ATTEST:
__________________________________
Abigail Palsgaard, City Clerk
1 RESOLUTION NO. 2022-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG
ESTABLISHING A SALARY & BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
WHEREAS, Section 36506 of the Government Code of the State of California provides that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive officers and employees; and
WHEREAS, the City Council has heretofore by Resolution established salary and benefit schedules for management, and all other unrepresented employees of the City (“Unrepresented Group”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kingsburg (“CITY”) as follows:
ARTICLE 1:
SECTION 1:
The Salary Chart is adopted separately which includes the salaries and ranges for all City of Kingsburg employees. The salaries or rates of compensation for the Unrepresented Group are fixed on the basis of full- time service and full-time positions, unless otherwise designated.
SECTION 2:
1. Bilingual Pay
Employees who pass a bilingual proficiency test administrated by CITY will receive two and one-half percent (2.5 %) additional pay calculated on base wages.
2. Notary Pay
Unrepresented Non-Supervisory Employees who are commissioned by the State of California as a Notary Public may receive a 2.5% of base pay incentive if need of their commission is beneficial to City business as approved by the City Manager.
3. Education Incentive Pay
Education Incentive Pay provides Unrepresented Non-Supervisory Employees a maximum of two and one-half percent (2.5%) base salary adjustment for an AA/AS Degree or five percent (5%) base salary adjustment per employee for a BA/BS Degree in job related fields as approved by the City Manager.
4. Cell Phone Stipend or City-provided Device
On approval of the City Manager, employees with duties that require the use of a cell phone may receive a $75.00 monthly stipend or a City-provided device so that a single device may be used for both personal and business purposes. The stipend will be considered non-taxable income to the employee. Employees receiving the stipend must comply with all applicable laws pertaining to the Public Records Act. 2 5. Safety Boots
On approval of the City Manager, employees whose positions require a majority of their time to be spent working where safety is a concern, may receive a reimbursement for the purchase of safety boots up to the amount as set forth in the current Kingsburg Public Service Employees Association (“KPSEA”) Memorandum of Understanding (“MOU”).
Reimbursements are made upon request and shall not occur more than once per calendar year.
6. Take Home Vehicle or Vehicle Allowance – Executive Management A. $500.00 per month in lieu of a take-home City vehicle. Per IRS regulation, the allowance will be considered taxable income to the employee and is at the discretion of the City Manager. Employees who receive a take home vehicle must be in compliance with the City of Kingsburg Take Home Vehicle Policy.
7. Salary & Stipends
Employees shall receive base wage increases in accordance with the KPSEA MOU, unless approved by a majority vote of the City Council.
SECTION 3: Benefit Schedule for Management Employees
1. Management Group Designation by Job Title
a. Executive Management
Assistant City Manager/Administrative Services Director City Clerk
Community Development Director
Community Services Director
Finance Director
Fire Chief
Public Works Director
Police Chief
The Executive Management positions are FLSA Overtime Exempt, at-will department heads appointed by the City Manager.
b. Mid-Management
Accountant*
Assistant Public Works Director
Building Official
Fire Administrative Assistant*
Management Assistant
Payroll Specialist*
Police Administrative Assistant*
Police Lieutenant
Public Works Superintendent
These positions are FLSA Overtime Exempt positions. *Non-Supervisory/ Unrepresented employees may receive Education Incentive Pay at two and onehalf percent (2.5%) base salary adjustment per employee for an AA/AS Degree or five percent (5%) base salary adjustment per employee for a BA/BS Degree. 3 2. Benefit Schedule for Management Employees:
a. Executive Management
1) Leave:
a) Administrative – 56 hours/calendar year; cannot be accumulated or carried over from calendar year-to-year.
b) Vacation – Accrual of vacation time based upon:
YEARS OF SERVICE VACATION ALLOWANCE
1-5 12 Days
6 13 Days
7 14 Days
8 15 Days
9 16 Days
10 17 Days
11 18 Days
12 19 Days
13 - 19 20 Days
20 plus 25 Days
Vacation will be accrued and credited on a bi-weekly basis when an employee is in pay status for 50% or more of the work days or shifts in a given pay period. Unrepresented Group employees shall accrue vacation in accordance with the City of Kingsburg Personnel Manual. The City Manager has the sole discretion to determine the appropriate vacation allowance based on the years of service in the public sector or related employment experience. Vacation leave accrual shall have a maximum of five hundred (500) hours. When an employee reaches this cap, there will be no vacation accrual until the vacation leave accrued is below the maximum cap. c) Sick – Accrual of sick leave time at the rate of 15 days/year. Sick leave shall have a maximum cap of eight hundred (800) hours. When an employee reaches this cap, there will be no sick accrual until the sick leave accrued is below the maximum cap.
d) Bereavement – Three days paid sick leave/year as approved by the City Manager. Additional leave can be approved by the City Manager in accordance with the Kingsburg Personnel Manual.
e) Holidays
- New Year’s Day
- Martin Luther King, Jr. Day
- Lincoln’s Birthday
- Washington’s Birthday
- Good Friday – One half day Friday before Easter
- Memorial Day
- Independence Day
- Labor Day
4 - Veteran’s Day
- Thanksgiving Day
- Friday after Thanksgiving
- Christmas Eve
- Christmas Day
- New Year’s Eve
- Employee’s Birthday - Floating Holiday (must be used
annually on a calendar basis by December 31st or lost)
Paid holidays falling on a Saturday shall be observed on the preceding Friday. Paid holidays falling on a Sunday shall be observed on the following Monday.
2) Health and Welfare
a) Medical – City shall maintain medical coverage and shall pay the average of 85% of premium plans of the employee and qualified dependent care premiums. The employee portion of the premium shall be the responsibility of the employee to pay through payroll deductions. The employee portion of the premium shall follow the KPSEA MOU.
b) Dental – City shall provide and maintain current dental coverage and benefits through an authorized provider. City will pay 100% of premium for employees & dependents who are covered under the medical plan. Employees who opt-out of the City medical plans or their dependents can elect dental insurance and pay 15% of the premium. The employee portion of the premium shall follow the KPSEA MOU.
c) Vision – City shall provide and maintain current vision coverage through an authorized provider. City will pay 100% of premium for employees & dependents. Employees who opt-out of the City medical plans or their dependents can elect vision insurance and pay 15% of the premium. The employee portion of the premium shall follow the KPSEA MOU.
d) Life ($15,000) – 100% of premium paid by City.
e) Unemployment – In accordance with State law.
f) Worker’s Compensation – In accordance with State law. g) Cash-In-Lieu of Benefits Option – Employees may voluntarily enroll in the Cash-In-Lieu of Benefits program if they have alternative medical, dental, or vision coverage not provided by the City. Employees will receive monthly in-lieu payments as taxable income and reflected in withholding contributions on their paycheck. Employees may be eligible to re-enroll in City benefit plans only during the Open Enrollment period or within 30 days of: Family Unit change due to marriage, birth, or adoption; Loss of other coverage; Court or administrative order; Reemployment after Military service. Cash-inLieu amounts will be paid in accordance with the KPSEA MOU.
Employees must re-enroll and show proof of alternative coverage annually.
5 3) Retirement
a) Social Security – In accordance with Federal law. City shall only pay 100% of the employer contribution. The employee contribution shall be deducted from the employee’s paycheck.
b) CalPERS ‘Classic’ Members – Employees defined by CalPERS as 'Classic’ members shall have a 2.0% @ Age 55 Miscellaneous and 3% @ 55 for Safety group employees tier retirement packages with the California Public Employees Retirement System (CalPERS). ‘Classic’ members shall pay 100% of the ‘employee’ member-paid pension contribution rate as a percentage of payroll, as set by CalPERS.
c) CalPERS PEPRA Members - PEPRA members shall have a 2.0% @ Age 62 miscellaneous tier and a 2.7% @ 57 for Safety PEPRA retirement package with CalPERS, and shall be responsible for payment of their member contribution rate as a percentage of payroll. CalPERS will review the member rate once a year when the actuarial valuation of the City's plan is performed. Should CalPERS revise the member contribution at any time, the City shall comply with law by adjusting contribution rates of new members. b. Mid-Management
1) Leave – Same benefits as those listed above for Executive Management, 2) Health and Welfare – Same benefits as those listed above for Executive Management.
3) Retirement – Same benefits as those listed above for Executive Management.
ARTICLE 2: The salary and benefits outlined herein shall remain in effect beginning December 21, 2022 unless modified or repealed by resolution. All prior resolutions concerning compensation or benefits for the Unrepresented Group which are in conflict herewith are hereby repealed.
This foregoing Resolution was duly passed, approved, and adopted this 21st day of December, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_________________________________
Laura North, Mayor
ATTEST:
__________________________________
Abigail Palsgaard, City Clerk
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Christina Windover, Administrative Services Director REVIEWED BY: MN AGENDA ITEM: January 1, 2023 Salary Updates
ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File
EXECUTIVE SUMMARY
City Ordinance and CalPERS legislation require the governing board of all participating agencies to approve employee base wages, which are published in Salary Charts (or wage schedules). Staff is updating the Salary Chart (effective on January 1, 2023) due to scheduled cost-of-living increases previously approved by the Council in employee association contracts (MOUs), the California minimum wage increase, and new positions within the organization. Changes to the proposed Salary Chart include:
• 4% base wage increase for Kingsburg Public Service Employees Association members and nonrepresented employees excluding the City Manager. Effective the pay period that includes 1/1/23. • 2.5% base wage increase for Kingsburg Police Officers Association members • 4.5% base wage increase for Kingsburg Professional Firefighter’s Association members • Minimum wage increases to $15.50 plus addressing compaction for part-time positions by increasing the wages by $0.50.
• Removal of Administrative Assistant and Senior Citizen Coordinator from Salary Chart due to falling below the CA minimum wage and being vacant. The Administrative Assistant hourly rate would be $15.13 and the Senior Citizen Coordinator hourly rate would be $15.41. • Addition of full-time Non-Safety EMT position
• Addition of full-time Payroll Specialist position (Note: this is not a new full-time employee, just the reclassification of an existing position).
Off-Salary Chart Wages -Not Subject to CalPERS
• Pursuant to Section 1.B. of the Fourth Amendment to the First Amendment and Restated City Manager Employment Agreement dated effective October 15, 2021 by and between the City of Kingsburg and Alexander J. Henderson (“Henderson”), the City Council may elect, in its sole discretion, to provide Henderson with a merit bonus. The merit bonus shall not exceed 10% of Henderson’s base salary then in effect. The decision to provide the merit bonus and the amount of the merit bonus must be approved by a majority vote of the City Council prior to January 14 of each year during the term of Henderson’s Employment with the City. Mayor North is recommending Henderson receive a 5% merit bonus for the year 2022 in the amount of $$8,776.80 ($175,536 base salary multiplied by 5%). • Pursuant to the 2024 MOU Between the City and the Kingsburg Professional Firefighter’s Association, 2% a one-time off schedule, cash-out payment – calculated based on association members’ average base pay.
RECOMMENDED ACTION BY CITY COUNCIL
Meeting Date: 12/21/2022
Agenda Item: 8.5
1. Approve the proposed Salary Chart. The cost-of-living increases previously approved by Council in employee association MOUs and the minimum wage increases will take effect automatically.
2. Approve a 5% merit bonus for Alexander J. Henderson for the year 2022 in the amount of $8,776.80.
POLICY ALTERNATIVE(S)
1. City ordinance and CalPERS require employee wages be approved by the governing body of the agency. If Council does not approve the proposed wage increases outlined in this report, the Salary Chart will be amended to reflect Council’s direction.
2. Council could choose to approve a different amount for Alex Henderson’s merit bonus.
REASON FOR RECOMMENDATION/KEY METRIC
1. The Council has oversight on all wages associated with City positions. This is part of our financial stability initiative.
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
Council approves all Salary Charts.
BACKGROUND INFORMATION
See Executive Summary.
ATTACHED INFORMATION
1. The current October 20, 2022 Salary Chart.
2. A red-lined Salary Chart – effective on January 1, 2023 with edits (in red)
3. A revised January 1, 2023 Salary Chart, if approved by Council.
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? Varies
CITY OF KINGSBURG SALARY CHART
EFFECTIVE DATE October 19, 2022
POSITION SALARY STEPS-PAID MONTHLY UNLESS NOTED *
A B C D E
----------------- ----------------- ----------------- ----------------- ----------------- City Hall
BUILDING OFFICIAL 5413 5684 5968 6266 6580
BUILDING INSPECTOR II/CODE ENFORCEMENT 4375 4594 4823 5064 5318 BUILDING INSPECTOR I/CODE ENFORCEMENT 3650 3832 4024 4225 4437 CITY CLERK 7885 8279 8693 9127 9584
$ 94,615.00 $ 99,345.75 $ 104,313.04 $ 109,528.69 $ 115,005.12 CITY MANAGER 14628
COMMUNITY DEVELOPMENT DIRECTOR 9941 10438 10960 11508 12084 $ 119,295.00 $ 125,259.75 $ 131,522.74 $ 138,098.87 $ 145,003.82 COMMUNITY SERVICES DIRECTOR 8227 8638 9070 9524 10000
98725.0 103661.3 108844.3 114286.5 120000.9
DIRECTOR OF ADMINISTRATIVE SERVICES 10421 10942 11489 12064 12667 $ 125,055.00 $ 131,307.75 $ 137,873.14 $ 144,766.79 $ 152,005.13 FINANCE DIRECTOR-TREASURER 9941 10438 10960 11508 12084 $ 119,295.00 $ 125,259.75 $ 131,522.74 $ 138,098.87 $ 145,003.82 MANAGEMENT ASSISTANT 3938 4135 4341 4559 4786
MANAGEMENT INTERN 15/HR
NEIGHBORHOOD IMPROVEMENT OFFICER 21.25/HR
PART-TIME CITY HALL CLERK 15.19/HR
City Council
COUNCILMEMBER-MAYOR STIPEND 300
COUNCILMEMBER STIPEND 250
Fire Department
FIRE CHIEF 10970 11518 12094 12699 13334
$ 131,635.00 $ 138,216.75 $ 145,127.59 $ 152,383.97 $ 160,003.17 FIRE CAPTAIN/EMT REGULAR 5197 5456 5729 6016 6317
FIRE CAPTAIN/PARAMEDIC REGULAR 5573 5852 6145 6452 6774 ENGINEER/EMT 4405 4626 4857 5100 5355
ENGINEER/PARAMEDIC REGULAR 4715 4951 5198 5458 5731
FIREFIGHTER/PARAMEDIC REGULAR 4491 4715 4951 5198 5458
FIREFIGHTER/EMT REGULAR 4196 4405 4626 4857 5100
FIREFIGHTER/PARAMEDIC REGULAR MON-FRI 3364 3532 3708 3894 4088 PARAMEDIC REGULAR MON-FRI 3282 3446 3618 3799 3989
PARAMEDIC SHIFT SCHEDULE 4460 4683 4918 5163 5422
PARAMEDIC (NON-SAFETY) PART-TIME 20.98/HR
FIRE DEPT. ADMINISTRATIVE ASSISTANT 4230 4441 4663 4897 5141 PART-TIME FIREFIGHTER/EMT LEVEL I 15/HR
PART-TIME FIREFIGHTER/EMT LEVEL II 16/HR
PART-TIME FIREFIGHTER/EMT LEVEL III 17/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL I 16/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL II 18/HR
RESERVE FIREFIGHTER/PARAMEDIC LEVEL III 20.98/HR
RESERVE SPECIAL ASSIGNMENT 21/HR
Police Department
CHIEF OF POLICE 10970 11518 12094 12699 13334
$ 131,635.00 $ 138,216.75 $ 145,127.59 $ 152,383.97 $ 160,003.17 POLICE LIEUTENANT 8203 8613 9044 9496 9970
POLICE SERGEANT 6427 6748 7086 7440 7812
POLICE SERGEANT (Hired 1/1/15 or after) 6302 6617 6948 7295 7660 POLICE OFFICER 5036 5288 5552 5830 6121
POLICE OFFICER (Hired 1/1/15 or after) 4938 5185 5444 5716 6002 POLICE RECRUIT (Effective 10/20/2021) 21.00/HR
RECORDS SUPERVISOR 4612 4843 5085 5339 5606
POLICE DEPT. ADMINISTRATIVE ASSISTANT 4230 4441 4663 4897 5141 POLICE SERVICES TECHNICIAN 3614 3794 3984 4183 4392
POLICE RESERVE-LEVEL 1 21.00/HR
Public Works Department
PUBLIC WORKS DIRECTOR 9941 10438 10960 11508 12084
$ 119,295.00 $ 125,259.75 $ 131,522.74 $ 138,098.87 $ 145,003.82 ASSISTANT PUBLIC WORKS DIRECTOR 6697 7031 7383 7752 8140 PUBLIC WORKS SUPERINTENDENT 5277 5541 5818 6108 6414
MAINTENANCE WORKER I 3244 3406 3576 3755 3943
MAINTENANCE WORKER II/Mech/Pool 3391 3560 3739 3925 4122 MAINTENANCE WORKER III 4017 4218 4428 4650 4882
WATER OPERATOR I 3538 3715 3901 4096 4301
WATER OPERATOR II 4181 4390 4609 4840 5082
WATER OPERATOR III 5070 5324 5590 5869 6163
PART TIME PUBLIC WORKS CLERK 15/HR
PART TIME METER READER 15.00/HR
Senior Center
SENIOR CITIZEN COORDINATOR 2670 2804 2944 3091 3246
NUTRITION COORDINATOR 16.00/HR
Miscellaneous
COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT 3339 3506 3681 3865 4058 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT W/PLANNING COMMISSIO 3506 3681 3865 4059 4262 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II 3667 3850 4043 4245 4457 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II W/ PLANNING COMMIS 3849 4042 4244 4456 4679 ADMINISTRATIVE ASSISTANT 2521 2647 2780 2918 3064
ACCOUNTANT 4800 5040 5292 5557 5834
ACCOUNT CLERK I 3120 3276 3440 3612 3793
ACCOUNT CLERK II W/ACCOUNTS PAYABLE/PAYROLL 3590 3770 3958 4156 4364 ACCOUNT CLERK II 3421 3592 3771 3960 4158
ACCOUNT CLERK III 3761 3949 4146 4354 4571
RECREATION SITE SUPERVISOR 16.25/HR
RECREATION LEADER 15/HR
RECREATION LEADER/RETURN LEADER 15.75/HR
LIFEGUARD 15/HR
LIFEGUARD/RETURN GUARD 15.75/HR
LEAD GUARD 16/HR
POOL CASHIER 15.00/HR
POOL MANAGER 16.25/HR
AQUA AEROBICS INSTRUCTOR 18.00/HR
LEAD AQUA AEROBICS INSTRUCTOR 19.50/HR
* Some variation may exist between the City's official accounting system (Springbrook) and this report due to rounding.
CITY OF KINGSBURG SALARY CHART
EFFECTIVE DATE January 1, 2023
POSITION SALARY STEPS-PAID MONTHLY UNLESS NOTED *
A B C D E
----------------- ----------------- ----------------- ----------------- ----------------- City Hall
BUILDING OFFICIAL 5630 5911 6207 6517 6843
BUILDING INSPECTOR II/CODE ENFORCEMENT 4550 4777 5016 5267 5530 BUILDING INSPECTOR I/CODE ENFORCEMENT 3796 3986 4185 4394 4614 CITY CLERK 8200 8610 9040 9492 9967
CITY MANAGER 14628
COMMUNITY DEVELOPMENT DIRECTOR 10339 10856 11399 11969 12567 COMMUNITY SERVICES DIRECTOR 8227 8638 9070 9524 10000
ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES DIRECTOR 10838 11380 11949 12546 13174 FINANCE DIRECTOR-TREASURER 10339 10856 11399 11969 12567 MANAGEMENT ASSISTANT 4095 4300 4515 4741 4978
MANAGEMENT INTERN 15.50/HR
NEIGHBORHOOD IMPROVEMENT OFFICER 21.75/HR
PART-TIME CITY HALL CLERK 15.69/HR
City Council
COUNCILMEMBER-MAYOR STIPEND 300
COUNCILMEMBER STIPEND 250
Fire Department
FIRE CHIEF 11408 11979 12578 13207 13867
FIRE CAPTAIN/EMT REGULAR 5430 5702 5987 6286 6601
FIRE CAPTAIN/PARAMEDIC REGULAR 5824 6115 6421 6742 7079 ENGINEER/EMT 4604 4834 5076 5329 5596
ENGINEER/PARAMEDIC REGULAR 4927 5174 5432 5704 5989
FIREFIGHTER/PARAMEDIC REGULAR 4693 4927 5174 5432 5704
FIREFIGHTER/EMT REGULAR 4384 4604 4834 5076 5329
FIREFIGHTER/PARAMEDIC REGULAR MON-FRI 3515 3691 3875 4069 4272 PARAMEDIC REGULAR MON-FRI 3429 3601 3781 3970 4169
PARAMEDIC SHIFT SCHEDULE 4661 4894 5139 5396 5666
PARAMEDIC (NON-SAFETY) PART-TIME 21.48/HR
EMT (NON-SAFETY) SHIFT SCHEDULE 4335 4552 4779 5018 5269 FIRE DEPT. ADMINISTRATIVE ASSISTANT 4399 4619 4850 5092 5347 PART-TIME FIREFIGHTER/EMT LEVEL I 15.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL II 16.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL III 17.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL I 16.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL II 18.50/HR
RESERVE FIREFIGHTER/PARAMEDIC LEVEL III 21.48/HR
RESERVE SPECIAL ASSIGNMENT 21.50/HR
Police Department
CHIEF OF POLICE 11408 11979 12578 13207 13867
POLICE LIEUTENANT 8124 8531 8957 9405 9875
POLICE SERGEANT 6274 6588 6917 7263 7626
POLICE SERGEANT (Hired 1/1/15 or after) 6152 6460 6783 7122 7478 POLICE OFFICER 5162 5420 5691 5975 6274
POLICE OFFICER (Hired 1/1/15 or after) 5061 5314 5580 5859 6152 POLICE RECRUIT (Effective 10/20/2021) 21.50/HR
RECORDS SUPERVISOR 4727 4964 5212 5472 5746
POLICE DEPT. ADMINISTRATIVE ASSISTANT 4336 4552 4780 5019 5270 POLICE SERVICES TECHNICIAN 3704 3889 4084 4288 4502
POLICE RESERVE-LEVEL 1 21.50/HR
Public Works Department
PUBLIC WORKS DIRECTOR 10339 10856 11399 11969 12567
ASSISTANT PUBLIC WORKS DIRECTOR 6964 7313 7678 8062 8465 PUBLIC WORKS SUPERINTENDENT 5488 5762 6050 6353 6670
MAINTENANCE WORKER I 3374 3542 3719 3905 4101
MAINTENANCE WORKER II/Mech/Pool 3527 3703 3888 4082 4287 MAINTENANCE WORKER III 4177 4386 4606 4836 5078
WATER OPERATOR I 3680 3864 4057 4260 4473
WATER OPERATOR II 4348 4565 4794 5033 5285
WATER OPERATOR III 5273 5536 5813 6104 6409
PART TIME PUBLIC WORKS CLERK 15.50/HR
PART TIME METER READER 15.50/HR
Senior Center
SENIOR CITIZEN COORDINATOR 2670 2804 2944 3091 3246
15.41 NUTRITION COORDINATOR 16.50/HR
Miscellaneous
COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT 3472 3646 3828 4020 4221 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT W/PLANNING COMMISS 3646 3829 4020 4221 4432 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II 3814 4004 4205 4415 4636 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II W/ PLANNING COMMIS 4003 4203 4414 4634 4866 ADMINISTRATIVE ASSISTANT 2622 2753 2891 3035 3187
ACCOUNTANT 4992 5242 5504 5779 6068
PAYROLL SPECIALIST 4336 4552 4780 5019 5270
ACCOUNT CLERK I 3245 3407 3578 3756 3944
ACCOUNT CLERK II W/ACCOUNTS PAYABLE/PAYROLL 3734 3921 4117 4322 4539 ACCOUNT CLERK II 3558 3736 3922 4118 4324
ACCOUNT CLERK III 3911 4107 4312 4528 4754
RECREATION SITE SUPERVISOR 16.75/HR
RECREATION LEADER 15.50/HR
RECREATION LEADER/RETURN LEADER 16.25/HR
LIFEGUARD 15.50/HR
LIFEGUARD/RETURN GUARD 16.25/HR
LEAD GUARD 16.50/HR
POOL CASHIER 15.50/HR
POOL MANAGER 16.75/HR
AQUA AEROBICS INSTRUCTOR 18.50/HR
LEAD AQUA AEROBICS INSTRUCTOR 20.00/HR
* Some variation may exist between the City's official accounting system (Springbrook) and this report due to rounding.
CITY OF KINGSBURG SALARY CHART
EFFECTIVE DATE January 1, 2023
POSITION SALARY STEPS-PAID MONTHLY UNLESS NOTED *
A B C D E
----------------- ----------------- ----------------- ----------------- ----------------- City Hall
BUILDING OFFICIAL 5630 5911 6207 6517 6843
BUILDING INSPECTOR II/CODE ENFORCEMENT 4550 4777 5016 5267 5530 BUILDING INSPECTOR I/CODE ENFORCEMENT 3796 3986 4185 4394 4614 CITY CLERK 8200 8610 9040 9492 9967
CITY MANAGER 14628
COMMUNITY DEVELOPMENT DIRECTOR 10339 10856 11399 11969 12567 COMMUNITY SERVICES DIRECTOR 8227 8638 9070 9524 10000
ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES DIRECTOR 10838 11380 11949 12546 13174 FINANCE DIRECTOR-TREASURER 10339 10856 11399 11969 12567 MANAGEMENT ASSISTANT 4095 4300 4515 4741 4978
MANAGEMENT INTERN 15.50/HR
NEIGHBORHOOD IMPROVEMENT OFFICER 21.75/HR
PART-TIME CITY HALL CLERK 15.69/HR
City Council
COUNCILMEMBER-MAYOR STIPEND 300
COUNCILMEMBER STIPEND 250
Fire Department
FIRE CHIEF 11408 11979 12578 13207 13867
FIRE CAPTAIN/EMT REGULAR 5430 5702 5987 6286 6601
FIRE CAPTAIN/PARAMEDIC REGULAR 5824 6115 6421 6742 7079 ENGINEER/EMT 4604 4834 5076 5329 5596
ENGINEER/PARAMEDIC REGULAR 4927 5174 5432 5704 5989
FIREFIGHTER/PARAMEDIC REGULAR 4693 4927 5174 5432 5704
FIREFIGHTER/EMT REGULAR 4384 4604 4834 5076 5329
FIREFIGHTER/PARAMEDIC REGULAR MON-FRI 3515 3691 3875 4069 4272 PARAMEDIC REGULAR MON-FRI 3429 3601 3781 3970 4169
PARAMEDIC SHIFT SCHEDULE 4661 4894 5139 5396 5666
PARAMEDIC (NON-SAFETY) PART-TIME 21.48/HR
EMT (NON-SAFETY) SHIFT SCHEDULE 4335 4552 4779 5018 5269 FIRE DEPT. ADMINISTRATIVE ASSISTANT 4399 4619 4850 5092 5347 PART-TIME FIREFIGHTER/EMT LEVEL I 15.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL II 16.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL III 17.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL I 16.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL II 18.50/HR
RESERVE FIREFIGHTER/PARAMEDIC LEVEL III 21.48/HR
RESERVE SPECIAL ASSIGNMENT 21.50/HR
Police Department
CHIEF OF POLICE 11408 11979 12578 13207 13867
POLICE LIEUTENANT 8124 8531 8957 9405 9875
POLICE SERGEANT 6274 6588 6917 7263 7626
POLICE SERGEANT (Hired 1/1/15 or after) 6152 6460 6783 7122 7478 POLICE OFFICER 5162 5420 5691 5975 6274
POLICE OFFICER (Hired 1/1/15 or after) 5061 5314 5580 5859 6152 POLICE RECRUIT (Effective 10/20/2021) 21.50/HR
RECORDS SUPERVISOR 4727 4964 5212 5472 5746
POLICE DEPT. ADMINISTRATIVE ASSISTANT 4336 4552 4780 5019 5270 POLICE SERVICES TECHNICIAN 3704 3889 4084 4288 4502
POLICE RESERVE-LEVEL 1 21.50/HR
Public Works Department
PUBLIC WORKS DIRECTOR 10339 10856 11399 11969 12567
ASSISTANT PUBLIC WORKS DIRECTOR 6964 7313 7678 8062 8465 PUBLIC WORKS SUPERINTENDENT 5488 5762 6050 6353 6670
MAINTENANCE WORKER I 3374 3542 3719 3905 4101
MAINTENANCE WORKER II/Mech/Pool 3527 3703 3888 4082 4287 MAINTENANCE WORKER III 4177 4386 4606 4836 5078
WATER OPERATOR I 3680 3864 4057 4260 4473
WATER OPERATOR II 4348 4565 4794 5033 5285
WATER OPERATOR III 5273 5536 5813 6104 6409
PART TIME PUBLIC WORKS CLERK 15.50/HR
PART TIME METER READER 15.50/HR
Senior Center
NUTRITION COORDINATOR 16.50/HR
Miscellaneous
COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT 3472 3646 3828 4020 4221 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT W/PLANNING COMMISSIO 3646 3829 4020 4221 4432 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II 3814 4004 4205 4415 4636 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II W/ PLANNING COMMIS 4003 4203 4414 4634 4866 ACCOUNTANT 4992 5242 5504 5779 6068
PAYROLL SPECIALIST 4336 4552 4780 5019 5270
ACCOUNT CLERK I 3245 3407 3578 3756 3944
ACCOUNT CLERK II W/ACCOUNTS PAYABLE/PAYROLL 3734 3921 4117 4322 4539 ACCOUNT CLERK II 3558 3736 3922 4118 4324
ACCOUNT CLERK III 3911 4107 4312 4528 4754
RECREATION SITE SUPERVISOR 16.75/HR
RECREATION LEADER 15.50/HR
RECREATION LEADER/RETURN LEADER 16.25/HR
LIFEGUARD 15.50/HR
LIFEGUARD/RETURN GUARD 16.25/HR
LEAD GUARD 16.50/HR
POOL CASHIER 15.50/HR
POOL MANAGER 16.75/HR
AQUA AEROBICS INSTRUCTOR 18.50/HR
LEAD AQUA AEROBICS INSTRUCTOR 20.00/HR
* Some variation may exist between the City's official accounting system (Springbrook) and this report due to rounding.
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
AP
REPORT FROM: Daniel Galvez, Public Works Director REVIEWED BY: AP AGENDA ITEM: APPROVAL OF EXTRATERRITORIAL WATER SERVICE CONNECTION BY
THE CITY OF KINGSBURG TO ONE SINGLE FAMILY RESIDENTIAL
PROPERTY LOCATED OUTSIDE THE CITY LIMITS OF THE CITY OF
KINGSGURG
ACTION REQUESTED: ___Ordinance __√_ Resolution __√_ Motion ____Receive/File
EXECUTIVE SUMMARY
The City has received a request from a property owner to connect to the City’s municipal water system. The request involves a domestic water supply from private well to a single-family residence that has failed. The Public Works Department has confirmed the failure or imminent failure of the private well and the need for connection of the properties to the City’s municipal water system. The property is in Fresno County and outside of the city limits of the City.
The Kingsburg Municipal Code Section 13.04.050 allows the City to provide water service to properties outside the city limits of the City when approved by the City Council upon terms and conditions prescribed by the City Council. Section 13.04.060 provides that any agreement by the City to provide water service to properties outside the city limits of the City is conditioned upon the owner of the property not objecting to the annexation of the property into the City. Additionally, California Government Code Section 56133 requires the approval of the Local Agency Formation Commission (LAFCo) for the County where the property is located before the City can extend municipal water service to property located outside the city limits of the City.
The Agreement for Extension of Water Service attached as Exhibit “A” to each Resolution has been signed by the applicable property owner and identifies payment of fees by the property owner as a condition to connecting the property to the City’s municipal water system. The agreement addresses the issues and the conditions to providing the municipal water service to the properties as identified in Kingsburg Municipal Code Section 13.04.060 (No objection to annexation) and California Government Code Section 56133 (approval by LAFCo).
The municipal water system connection process is initiated with City Council’s approval of each Agreement for Extension of Water Service, and LAFCo approval. The City may commence the connection process after LAFCo approval.
Meeting Date: 12/21/2022
Agenda Item: 8.6
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve Resolution 2022-074, authorizing the connection to the City’s municipal water system to the following residence located outside the city limits, and authorize the City Manager to sign the extraterritorial water service agreement with the respective property owner:
a) 13944 S. Academy Ave, Kingsburg, CA 93631 Fresno County.
POLICY ALTERNATIVE(S)
1. Council could choose to deny the connection to the City municipal water system
REASON FOR RECOMMENDATION/ STRATEGIC GOAL
1. Ensure Financial Stability
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
1. None
BACKGROUND INFORMATION
See Executive Summary.
ATTACHED INFORMATION
1. Map of Property Requesting Water Service
2. Resolution 2022-074, authorizing Connection of City Water Services to 13944 S. Academy Ave, Kingsburg, CA 93631, Fresno County
3. Extraterritorial Water Service Agreement
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes, but is offset by fees, see Exhibit “B” of Agreement
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
RESOLUTION NO. 2022-074
A RESOLUTION APPROVING AN AGREEMENT FOR EXTENSION OF WATER
SERVICE AND APPLICATION BY THE CITY OF KINGSBURG
TO THE FRESNO LOCAL AGENCY FORMATION COMMISSION
SEEKING APPROVAL OF AN EXTENSION OF CITY WATER SERVICES WHEREAS, the City of Kingsburg (“City”) desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for the proposed extension of potable municipal water service beyond the City’s corporate city limits; and WHEREAS, the City has received a request for an extension of City water service for domestic water use to be connected to serve the property owned by Paul Delgado located at 13944 S. Academy Ave Kingsburg, California (Assessor’s Parcel Number 393-270-05) (“Property”); and
WHEREAS, Paul Delgado has executed an Agreement For Extension of Water Service dated December 21, 2022 (“Agreement”), a copy of which is which is attached hereto as Exhibit “A” and by this reference incorporated herein, agreeing to the terms and conditions under which the City will extend municipal water service to the Property; and WHEREAS, the legal description of the boundaries of the Property is set forth in Exhibit “B” attached hereto and by this reference incorporated herein; and WHEREAS, the Property is located within, and the extension of municipal water service to the Property is consistent with, the sphere of influence of the City of Kingsburg; and WHEREAS, the reason for this proposed extension of municipal water service to the Property is as follows: The domestic water well located on the Property has failed, causing a cessation of domestic potable water to the single family residence located on the Property; and WHEREAS, the City Council finds the extension of municipal water service to the Property in accordance with the provisions of the Agreement is not subject to the California Environmental Quality Act (“CEQA”) because there is no possibility that the extension of municipal water service to the Property may have a significant effect on the environment.
Therefore, the General Exemption under CEQA Guideline 15061 is applicable to the extension of municipal water service to the Property in accordance with the Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council for the City of Kingsburg approves the Agreement and the extension of municipal water service to the Property and authorizes the City Manager of the City of Kingsburg to execute the Agreement on behalf of the City; and
RESOLVED FURTHER: The City Council of the City of Kingsburg adopts and approves the City’s Application to the Fresno Local Agency Formation Commission (“LAFCo”) requesting LAFCo initiate proceedings for the extension of City municipal water service to the Property described in Exhibit “B” hereto in the manner provided by the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000. * * * * * * * * * * * * * * * * *
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing Resolution 2022-074 was adopted at a regular meeting of the Kingsburg City Council held on the 21th day of December, 2022, by the following vote:
Ayes: Councilmember(s): None
Noes: Councilmember(s): None.
Absent: Councilmember(s): None.
Abstain: Councilmember(s): None.
_____________________________
Abigail Palsgaard, City Clerk
City of Kingsburg
EXHIBIT “A”
AGREEMENT FOR EXTENSION OF WATER SERVICE
EXHIBIT “B”
LEGAL DESCRIPTION OF THE PROPERTY
APN: 393-270-05
North 106.3 feet of the South 232.6 feet of the West 400 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of Section 14, Township 16 South, Range 22 East, Mount Diablo Base and Meridian, Fresno County, State of California.
Draft: 12/5/22
Recording Requested By
CITY OF KINGSBURG
When Recorded Mail To:
City Clerk
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
(Space Above This Line for Recorder's Use)
AGREEMENT FOR EXTENSION
OF WATER SERVICE
THIS AGREEMENT FOR EXTENSION OF WATER SERVICE (“Agreement”) is made and entered into this ____________ day of ________, 20__, by and between THE CITY OF KINGSBURG, a Charter City of the State of California (“City”), and Paul Delgado (“Owner”).
RECITALS
A. Owner owns certain real property located in Fresno County, California and comprising approximately 2.550 acres and having an Assessor’s Parcel Number 393-270-05 commonly known as 13944 S. Academy Ave. Kingsburg, California and more particularly described in Exhibit “A” which is attached hereto and made a part hereof (“Owner’s Property”).
Owner’s Property is located approximately 115 feet from City’s city limit boundary.
B. The domestic water well located on Owners’ Property is dry. As a result, Owner has requested the City provide water to Owner’s Property through the City’s municipal water system. City has agreed to provide Owner’s Property with water through the City municipal water system, in accordance with the provisions of Sections 13.04.050 and 13.04.060 of the Kingsburg Municipal Code and the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and intending to be legally bound, the parties hereto, agree as follows:
1. Connection to City’s Municipal Water System. Owner represents and warrants to City that:
(a) Owner has been advised the water well on Owner’s Property is dryand redevelopment of the well or the drilling of a new well on Owner’s Property will cost substantially more than the cost of connecting Owner’s Property to the City’s municipal water system. (b) Based upon Owner’s representations and warranties and conditioned upon Owner’s full and complete performance of all of the terms and conditions of this Agreement, and subject to the terms and conditions of this Agreement, City agrees to provide Owner’s Property with water from the City’s municipal water system.
2 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
2. Connection to City Municipal Water Service. Attached hereto and made a part hereof and identified as Exhibit “B” is the cost estimate prepared by the City which identifies all necessary improvements that must be constructed and installed in order to connect the Owner’s Property to the City’s municipal water system and all City connection costs and fees Owner must pay to the City (“Estimated Connection Costs”). As set forth in Exhibit “B,” the Estimated Connection Cost is approximately Two Thousand Four Hundred Seventy-Dollars ($2,470.00) plus an Encroachment Permit Fee. Owner acknowledges and agrees this is only an estimate of costs and fees and the actual Connection Costs could exceed of this initial cost estimate. On the date of Owner’s execution of this Agreement, Owner shall pay to the City by way of cash or cashier’s check the full amount of the Estimated Connection Costs other than the Encroachment Permit Fee. On the date of City’s issuance to Owner or Owner’s contractor of an Encroachment Permit, Owner shall pay to the City by way of cash or cashier’s check the full amount of the Encroachment Permit Fee as calculated by the City in accordance with the provisions of Exhibit “B” to this Agreement. Owner agrees, within five (5) days after the date of written request therefore, to pay to the City any additional amounts identified in said written notice to pay the actual and total Connection Costs. City will have no obligation to proceed with connecting Owner’s Property to the City municipal water system until it receives the full amount of the Estimated Connection Costs and thereafter until it receives any additional funds to pay in full the actual and total Connection Costs. The Owner will be solely responsible for the installation of any and all pipeline and other improvements to transport water from the water meter to the Owner’s residence and other locations on the Owner’s Property. As part of the necessary improvements to be constructed and installed in order to connect the Owner’s Property to the City’s municipal water system, Owner shall do the following at Owner’s sole cost and expense: (i) install a reduced backflow prevention assembly in accordance with all the requirements of Chapter 13.16 of the Kingsburg Municipal Code; and (ii) any and all wells (except wells used exclusively for agricultural purposes and not for domestic purposes) located on Owner’s Property shall be abandoned and capped by a California licensed and certified contractor in accordance with applicable law.
3. Continuing Obligations and Responsibilities of Owner. Owner: (i) agrees to pay to City any and all fees for water supplied by City to Owner’s Property after the Owner’s Property is connected to the City’s municipal water system. Owner acknowledges and agrees the water service fee paid by Owner is a higher water service fee than paid by residents of living within the City limits of the City and Owner agrees the water service fee charged Owner is required to pay the City the cost of providing water to Owner’s Property; (ii) Owner waives any right to object and will not object in the future to paying a higher water service fee than paid by residents living within the City limits of the City; (ii) Owner agrees to maintain its water service account with the City in a current status; (iii) Owner shall conduct regular testing of the backflow prevention assembly pursuant to a schedule established by the City’s Department of Public Works The Owner shall provide written evidence and results of testing of the backflow prevention assembly on an annual basis, or on another schedule established by the City’s Department of Public Works; and (iv) Owner agrees to and shall abide by all the provisions of Chapter 13.04 of the Kingsburg Municipal Code and any revisions or amendments to Chapter 13.04 and any changes, revisions or amendments to City water service fees and City water service policies and procedures. Owner acknowledges and agrees that should it fail to perform all of its obligations and responsibilities under this Agreement, including, without limitation, Owner’s duties and responsibilities under this Section 3, the City shall have the right to discontinue water service to Owner’s Property as provided in the Kingsburg Municipal Code.
4. Consent to Annexation. In further consideration of the City’s agreement to provide water from the City’s municipal water system to Owner’s Property in accordance with the 3 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
terms and conditions of this Agreement, Owner agrees not to oppose or protest, in any way, the annexation of Owner’s Property to the City. Owner also agrees to pay all applicable fees and charges including, without limitation, sewer connection charges and fees the City or any other governmental agency may require at the time of annexation of Owner’s Property to the City and to dedicate, at no cost to the City, any right of way along the Owner’s Property to the extent required by the City. Owner acknowledges and agrees that should Owner oppose or protest, in any way, the Owner’s annexation of Owner’s Property to City, the City shall have the right to discontinue water service to Owner’s Property in accordance with Section 13.04.060 of the Kingsburg Municipal Code.
5. Approval by Kingsburg City Council and Local Area Formation Commission.
This Agreement is of no force or effect and the City has no obligation to connect Owner’s Property to the City’s municipal water system until this Agreement and the connection of Owner’s Property to the City’s municipal water system is approved by the Kingsburg City Council and by the Local Area Formation Commission of the County where the Owner’s Property is located.
6. Covenants Running with the Land. Owner acknowledges and agrees all of Owner’s covenants, agreements, promises, representations and warranties as set forth in this Agreement are covenants running with Owner’s Property as defined in the applicable provisions of Sections 1457, et seq. of the California Civil Code. Owner’s covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with Owners’ Property and shall be binding on Owner and Owner’s successors and assigns and all parties and persons holding title to Owner’s property in the future.
7. 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.
8. 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.
9. 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 said 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 is not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.
10. 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.
11. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto. 4 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
12. Time of the Essence. Time is of the essence of this Agreement and each provision of this Agreement.
13. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.
“CITY”
THE CITY OF KINGSBURG,
a Charter City of the State of California
By:
Alexander J. Henderson, City Manager
“OWNER”
__________________________________
Print Name
__________________________________
___________________________________
Print Name
5 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On ___________, 20__, before me, the undersigned a Notary Public in and for said State, personally appeared ALEXANDER J. HENDERSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________
Notary Public (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ___________ )
On ___________, 20__, before me, the undersigned a Notary Public in and for said State, personally appeared ________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________
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.
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.
6 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
Notary Public(Seal)
7 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
EXHIBIT “A”
OWNER’S PROPERTY
APN: 393-270-05
North 106.3 feet of the South 232.6 feet of the West 400 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of Section 14, Township 16 South, Range 22 East, Mount Diablo Base and Meridian, Fresno County, State of California. 8 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3-13944 S. Academy Water Service Agreement.docx
EXHIBIT “B”
ESTIMATED CONNECTION COSTS
1. City of Kingsburg Water Facilities Connection Impact Fee ($1700.00)
2. City of Kingsburg Encroachment Permit Fee (5% of valuation of project cost occurring in the City Right of Way), will require estimate from Licensed Plumbing Contractor
3. Nonrefundable deposit of $500.00 to cover the cost of City of Kingsburg Staff Research and Document Preparation @$95.00/hour. If the nonrefundable deposit amount exceeds the amount needed to pay the cost of City of Kingsburg Staff Research/Document Preparation, the balance remaining to be credited to the City Water Facilities Connection Impact fee.
4. Licensed Plumbing Contractor required to hot tap, trench, install one inch service and set meter at Owners’s cost.
5. Licensed Plumbing Contractor to install a reduced pressure backflow assembly at Owner’s cost.
6. Licensed and certified Contractor to cap and abandon all wells located on Owner’s Property used for domestic water purposes, at Owner’s cost.
7. Inspection/Supervision of hot tap, meter setting by City Staff, 72 hour notice required:
Inspection/Supervision charge $50.00/hour, estimated City inspection and supervision time:
- 1 hour meter setting supervision ($50.00)
- 2 hours hot tap supervision ($100.00)
8. LAFCo administrative fee ($121.00), to be paid separately to Fresno County LAFCo Costs to be paid by applicant to City upon Owner’s execution of the Agreement:
$1700.00 Water Facilities Connection Impact Fee
$500.00 City of Kingsburg Staff Research and Document Preparation $150.00 City of Kingsburg Public Works Staff Time-Supervision and Inspection $121.00 LAFCo Administrative Fee, check made payable to Fresno County LAFCo. 1) Payment to City of Kingsburg at time of Owner’s execution of the Agreement: $2471.00 2) Payment to City of Kingsburg on the date of Issuance of Encroachment Permit:
5% of Valuation of project cost occurring in City Right of Way. 3) Any additional fees, charges, permits as required by Fresno County or LAFCO will be the sole responsibility of the Property owner at 13944 S. Academy.
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Daniel Galvez, Public Works Director REVIEWED BY: AP AGENDA ITEM: APPROVAL OF EXTRATERRITORIAL WATER SERVICE CONNECTION BY
THE CITY OF KINGSBURG TO ONE SINGLE FAMILY RESIDENTIAL
PROPERTY LOCATED OUTSIDE THE CITY LIMITS OF THE CITY OF
KINGSGURG
ACTION REQUESTED:___Ordinance __√_ Resolution __√_ Motion ____Receive/File
EXECUTIVE SUMMARY
The City has received a request from a property owner to connect to the City’s municipal water system. The request involves a domestic water supply from private well to a single-family residence that has failed. The Public Works Department has confirmed the failure or imminent failure of the private well and the need for connection of the properties to the City’s municipal water system. The property is in Tulare County and outside of the city limits of the City.
The Kingsburg Municipal Code Section 13.04.050 allows the City to provide water service to properties outside the city limits of the City when approved by the City Council upon terms and conditions prescribed by the City Council. Section 13.04.060 provides that any agreement by the City to provide water service to properties outside the city limits of the City is conditioned upon the owner of the property not objecting to the annexation of the property into the City. Additionally, California Government Code Section 56133 requires the approval of the Local Agency Formation Commission (LAFCo) for the County where the property is located before the City can extend municipal water service to property located outside the city limits of the City.
The Agreement for Extension of Water Service attached as Exhibit “A” to each Resolution has been signed by the applicable property owner, and identifies payment of fees by the property owner as a condition to connecting the property to the City’s municipal water system. The agreement addresses the issues and the conditions to providing the municipal water service to the properties as identified in Kingsburg Municipal Code Section 13.04.060 (No objection to annexation) and California Government Code Section 56133 (approval by LAFCo).
The municipal water system connection process is initiated with City Council’s approval of each Agreement for Extension of Water Service, and LAFCo approval. The City may commence the connection process after LAFCo approval.
Meeting Date: 12/21/2022
Agenda Item: 8.7
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve Resolution 2022-075, authorizing the connection to the City’s municipal water system to the following residence located outside the city limits, and authorize the City Manager to sign the extraterritorial water service agreement with the respective property owner a) 39802 Road 16, Kingsburg, CA 93631 Tulare County
POLICY ALTERNATIVE(S)
1. Council could choose to deny connection to the City’s municipal water system
REASON FOR RECOMMENDATION/ STRATEGIC GOAL
1. The infrastructure exists to fulfill this request.
2. For connection to commence, Council must approve the Agreements for Extension of Water Service and forward the Agreement to the Tulare County LAFCo for approval.
3. For connection to commence, the property owner must pay the fees as specified in Exhibit “B” of the Agreement for Extension of Water Service.
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
1. None
BACKGROUND INFORMATION
See Executive Summary.
ATTACHED INFORMATION
1. Map of Property Requesting Water Service
2. Resolution 2022-075, authorizing Connection of City Water Services to 39802 Road 16, Kingsburg, CA 93631, Tulare County
3. Extraterritorial Water Service Agreement
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes, but is offset by fees, see Exhibit “B” of Agreement
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
RESOLUTION NO. 2022-075
A RESOLUTION APPROVING AN AGREEMENT FOR EXTENSION OF WATER
SERVICE AND APPLICATION BY THE CITY OF KINGSBURG
TO THE TULARE LOCAL AGENCY FORMATION COMMISSION
SEEKING APPROVAL OF AN EXTENSION OF CITY WATER SERVICES WHEREAS, the City of Kingsburg (“City”) desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for the proposed extension of potable municipal water service beyond the City’s corporate city limits; and WHEREAS, the City has received a request for an extension of City water service for domestic water use to be connected to serve the property owned by Michael Sweeney located at 39805 Road 16 6th Kingsburg, California (Assessor’s Parcel Number 028-110-027(“Property”); and WHEREAS, Michael Sweeny has executed an Agreement For Extension of Water Service dated December 21, 2022 (“Agreement”), a copy of which is which is attached hereto as Exhibit “A” and by this reference incorporated herein, agreeing to the terms and conditions under which the City will extend municipal water service to the Property; and WHEREAS, the legal description of the boundaries of the Property is set forth in Exhibit “B” attached hereto and by this reference incorporated herein; and WHEREAS, the Property is located within, and the extension of municipal water service to the Property is consistent with, the sphere of influence of the City of Kingsburg; and WHEREAS, the reason for this proposed extension of municipal water service to the Property is as follows: The domestic water well located on the property has failed, causing a cessation of domestic potable water to the single family residence located on the Property; and WHEREAS, the City Council finds the extension of municipal water service to the Property in accordance with the provisions of the Agreement is not subject to the California Environmental Quality Act (“CEQA”) because there is no possibility that the extension of municipal water service to the Property may have a significant effect on the environment. Therefore, the General Exemption under CEQA Guideline 15061 is applicable to the extension of municipal water service to the Property in accordance with the Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council for the City of Kingsburg approves the Agreement and the extension of municipal water service to the Property and authorizes the City Manager of the City of Kingsburg to execute the Agreement on behalf of the City; and
RESOLVED FURTHER: The City Council of the City of Kingsburg adopts and approves the City’s Application to the Tulare Local Agency Formation Commission (“LAFCo”) requesting LAFCo initiate proceedings for the extension of City municipal water service to the Property described in Exhibit “B” hereto in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
* * * * * * * * * * * * * * * * *
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing Resolution 2022-075 was adopted at a regular meeting of the Kingsburg City Council held on the 21th day of December, 2022, by the following vote:
Ayes: Councilmember(s): None
Noes: Councilmember(s): None.
Absent: Councilmember(s): None.
Abstain: Councilmember(s): None.
_____________________________
Abigail Palsgaard, City Clerk
City of Kingsburg
EXHIBIT “A”
AGREEMENT FOR EXTENSION OF WATER SERVICE
EXHIBIT “B”
LEGAL DESCRIPTION OF THE PROPERTY
APN: 028-110-027
The South half of the South half of the West half of Lot 125 of Kingsburg Colony, in the County of Tulare, State of California, as per map recorded in Book 5, Page 31 of Maps, Tulare County Records.
Recording Requested By
CITY OF KINGSBURG
When Recorded Mail To:
City Clerk
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
(Space Above This Line for Recorder's Use)
AGREEMENT FOR EXTENSION
OF WATER SERVICE
THIS AGREEMENT FOR EXTENSION OF WATER SERVICE (“Agreement”) is made and entered into this ________ day of ________, 20__, by and between THE CITY OF KINGSBURG, a Charter City of the State of California (“City”), and Michael Sweeny Owner”).
RECITALS
A. Owner owns certain real property located in Tulare County, California and comprising approximately 2.31 acres and having an Assessor’s Parcel Number 028-110-027 and commonly known as 39802 Road 16, Kingsburg, California and more particularly described in Exhibit “A” which is attached hereto and made a part hereof (“Owner’s Property”). Owner’s Property is located approximately 700 feet from City’s city limit boundary.
B. The domestic water well located on Owners’ Property is Dry. As a result, Owner has requested the City provide water to Owner’s Property through the City’s municipal water system. City has agreed to provide Owner’s Property with water through the City municipal water system, in accordance with the provisions of Sections 13.04.050 and 13.04.060 of the Kingsburg Municipal Code and the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and intending to be legally bound, the parties hereto, agree as follows:
1. Connection to City’s Municipal Water System. Owner represents and warrants to City that:
(a) Owner has been advised the water well on Owner’s Property is dry and redevelopment of the well or the drilling of a new well on Owner’s Property will cost substantially more than the cost of connecting Owner’s Property to the City’s municipal water system. (b) Based upon Owner’s representations and warranties and conditioned upon Owner’s full and complete performance of all of the terms and conditions of this Agreement, and subject to the terms and conditions of this Agreement, City agrees to provide Owner’s Property with water from the City’s municipal water system.
2 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
2. Connection to City Municipal Water Service. Attached hereto and made a part hereof and identified as Exhibit “B” is the cost estimate prepared by the City which identifies all necessary improvements that must be constructed and installed in order to connect the Owner’s Property to the City’s municipal water system and all City connection costs and fees Owner must pay to the City (“Estimated Connection Costs”). As set forth in Exhibit “B,” the Estimated Connection Cost is approximately Two Thousand Four Hundred Seventy-One Dollars ($2,471.00) plus an Encroachment Permit Fee. Owner acknowledges and agrees this is only an estimate of costs and fees and the actual Connection Costs could exceed of this initial cost estimate. On the date of Owner’s execution of this Agreement, Owner shall pay to the City by way of cash or cashier’s check the full amount of the Estimated Connection Costs other than the Encroachment Permit Fee. On the date of City’s issuance to Owner or Owner’s contractor of an Encroachment Permit, Owner shall pay to the City by way of cash or cashier’s check the full amount of the Encroachment Permit Fee as calculated by the City in accordance with the provisions of Exhibit “B” to this Agreement. Owner agrees, within five (5) days after the date of written request therefore, to pay to the City any additional amounts identified in said written notice to pay the actual and total Connection Costs. City will have no obligation to proceed with connecting Owner’s Property to the City municipal water system until it receives the full amount of the Estimated Connection Costs and thereafter until it receives any additional funds to pay in full the actual and total Connection Costs. The Owner will be solely responsible for the installation of any and all pipeline and other improvements to transport water from the water meter to the Owner’s residence and other locations on the Owner’s Property. As part of the necessary improvements to be constructed and installed in order to connect the Owner’s Property to the City’s municipal water system, Owner shall do the following at Owner’s sole cost and expense: (i) install a reduced backflow prevention assembly in accordance with all the requirements of Chapter 13.16 of the Kingsburg Municipal Code; and (ii) any and all wells (except wells used exclusively for agricultural purposes and not for domestic purposes) located on Owner’s Property shall be abandoned and capped by a California licensed and certified contractor in accordance with applicable law.
3. Continuing Obligations and Responsibilities of Owner. Owner: (i) agrees to pay to City any and all fees for water supplied by City to Owner’s Property after the Owner’s Property is connected to the City’s municipal water system. Owner acknowledges and agrees the water service fee paid by Owner is a higher water service fee than paid by residents of living within the City limits of the City and Owner agrees the water service fee charged Owner is required to pay the City the cost of providing water to Owner’s Property; (ii) Owner waives any right to object and will not object in the future to paying a higher water service fee than paid by residents living within the City limits of the City; (ii) Owner agrees to maintain its water service account with the City in a current status; (iii) Owner shall conduct regular testing of the backflow prevention assembly pursuant to a schedule established by the City’s Department of Public Works The Owner shall provide written evidence and results of testing of the backflow prevention assembly on an annual basis, or on another schedule established by the City’s Department of Public Works; and (iv) Owner agrees to and shall abide by all the provisions of Chapter 13.04 of the Kingsburg Municipal Code and any revisions or amendments to Chapter 13.04 and any changes, revisions or amendments to City water service fees and City water service policies and procedures. Owner acknowledges and agrees that should it fail to perform all of its obligations and responsibilities under this Agreement, including, without limitation, Owner’s duties and responsibilities under this Section 3, the City shall have the right to discontinue water service to Owner’s Property as provided in the Kingsburg Municipal Code.
4. Consent to Annexation. In further consideration of the City’s agreement to provide water from the City’s municipal water system to Owner’s Property in accordance with the 3 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
terms and conditions of this Agreement, Owner agrees not to oppose or protest, in any way, the annexation of Owner’s Property to the City. Owner also agrees to pay all applicable fees and charges including, without limitation, sewer connection charges and fees the City or any other governmental agency may require at the time of annexation of Owner’s Property to the City and to dedicate, at no cost to the City, any right of way along the Owner’s Property to the extent required by the City. Owner acknowledges and agrees that should Owner oppose or protest, in any way, the Owner’s annexation of Owner’s Property to City, the City shall have the right to discontinue water service to Owner’s Property in accordance with Section 13.04.060 of the Kingsburg Municipal Code.
5. Approval by Kingsburg City Council and Local Area Formation Commission.
This Agreement is of no force or effect and the City has no obligation to connect Owner’s Property to the City’s municipal water system until this Agreement and the connection of Owner’s Property to the City’s municipal water system is approved by the Kingsburg City Council and by the Local Area Formation Commission of the County where the Owner’s Property is located.
6. Covenants Running with the Land. Owner acknowledges and agrees all of Owner’s covenants, agreements, promises, representations and warranties as set forth in this Agreement are covenants running with Owner’s Property as defined in the applicable provisions of Sections 1457, et seq. of the California Civil Code. Owner’s covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with Owners’ Property and shall be binding on Owner and Owner’s successors and assigns and all parties and persons holding title to Owner’s property in the future.
7. 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.
8. 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.
9. 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 said 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 is not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.
10. 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.
11. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto. 4 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
12. Time of the Essence. Time is of the essence of this Agreement and each provision of this Agreement.
13. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.
“CITY”
THE CITY OF KINGSBURG,
a Charter City of the State of California
By:
Alexander J. Henderson, City Manager
“OWNER”
__________________________________
Print Name
__________________________________
___________________________________
Print Name
5 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On ___________, 2022, before me, the undersigned a Notary Public in and for said State, personally appeared ALEXANDER J. HENDERSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________
Notary Public (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ___________ )
On ___________, 2022, before me, the undersigned a Notary Public in and for said State, personally appeared ________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________
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.
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.
6 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
Notary Public(Seal)
7 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
EXHIBIT “A”
OWNER’S PROPERTY
APN: 028-110-027
The South half of the South half of the West half of Lot 125 of Kingsburg Colony, in the County of Tulare, State of California, as per map recorded in Book 5, Page 31 of Maps , Tulare County Records.
8 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
EXHIBIT “B”
ESTIMATED CONNECTION COSTS
1. City of Kingsburg Water Facilities Connection Impact Fee ($1700.00)
2. City of Kingsburg Encroachment Permit Fee (5% of valuation of project cost occurring in the City Right of Way), will require estimate from Licensed Plumbing Contractor
3. Nonrefundable deposit of $500.00 to cover the cost of City of Kingsburg Staff Research and Document Preparation @$95.00/hour. If the nonrefundable deposit amount exceeds the amount needed to pay the cost of City of Kingsburg Staff Research/Document Preparation, the balance remaining to be credited to the City Water Facilities Connection Impact fee.
4. Licensed Plumbing Contractor required to hot tap, trench, install one inch service and set meter at Owners’ cost.
5. Licensed Plumbing Contractor to install a reduced pressure backflow assembly at Owner’s cost.
6. Licensed and certified Contractor to cap and abandon all wells located on Owner’s Property used for domestic water purposes, at Owner’s cost.
7. Inspection/Supervision of hot tap, meter setting by City Staff, 72-hour notice required:
Inspection/Supervision charge $50.00/hour, estimated City inspection and supervision time:
- 1 hour meter setting supervision ($50.00)
- 2 hours hot tap supervision ($100.00)
8. LAFCo administrative fee ($121.00), to be paid separately to Tulare County LAFCo Costs to be paid by applicant to City upon Owner’s execution of the Agreement:
$1700.00 Water Facilities Connection Impact Fee
$500.00 City of Kingsburg Staff Research and Document Preparation $150.00 City of Kingsburg Public Works Staff Time-Supervision and Inspection $121.00 LAFCo Administrative Fee, check made payable to Tulare County LAFCo. 1) Payment to City of Kingsburg at time of Owner’s execution of the Agreement: $2471.00 2) Payment to City of Kingsburg on the date of Issuance of Encroachment Permit:
5% of Valuation of project cost occurring in City Right of Way. 3) Any additional fees, charges, permits as required by Tulare County or LAFCO will be the sole responsibility of the Property owner at 39802 Road 16 Kingsburg, CA 93631. 9 \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2022\2022.12.21 Council Staff Reports\Att 3- 39802 Road 16 Out of City Water Service Agreement.docx
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Neil Dadian, Chief of Police REVIEWED BY: AP AGENDA ITEM: Surplus PD vehicles donated to Clovis PD for training ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
Two decommissioned and surplus Kingsburg Police Department vehicles were donated to the Clovis Police Department. Both vehicles were obsolete Ford Crown Victoria patrol cars. Clovis PD will up-fit the vehicles and use them for PIT training. PIT training with the Clovis and the Kingsburg Police Departments are planned for the future.
Unit 21 Ford Crown Victoria 2005 2FAFP71W35X140463 1212369 Unit 23 Ford Crown Victoria 2007 2FAHP71W87X117160 1267237
RECOMMENDED ACTION BY CITY COUNCIL
1. Receive and file. For informational purposes only.
POLICY ALTERNATIVE(S)
1. N/A
STRATEGIC GOAL(S) MET:
1. Improve Public Safety.
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
None.
Meeting Date: 12/21/2022
Agenda Item: 9.1
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A