AGENDA
KINGSBURG CITY COUNCIL REGULAR MEETING
WENDNESDAY, AUGUST 21, 2024 at 6:00pm
Meeting held in the Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559)897-5821
www.cityofkingsburg-ca.gov
The Council Chamber is accessible to the physically disabled. Requests for additional accommodations for the disabled should be made 48 hours prior to the meeting by contacting the City Clerk at 559-897-6520.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate.
The meeting will be held in person. Public comment may be made in person or submitted in writing.
Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting but will be included with the meeting minutes.
Brandon Pursell, Jr., Mayor
Vince Palomar, Mayor Pro Tem Staci Smith, Council Member Laura North, Council Member David M. Silva, Council Member Invocation to be given by Pastor Mark Thompson, Kingsburg First Baptist Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.
CALL TO ORDER AND ROLL CALL
APPROVE AGENDA - To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).
PRESENTATIONS AND INFORMATIONAL REPORTS
Swearing In and Badge Pinning of Fire Department Personnel– Presentation by Fire Chief John Binaski
Swearing In and Badge Pinning of Police Department Personnel– Presentation by Police Chief Neil Dadian
Golden State Blvd. Highway Construction Update – Presentation by Terry Ogle, Executive Director of the Fresno County Transportation Authority
PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than FIVE (5) minutes. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
CONSENT CALENDAR - Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Council member requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Council member may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Council members present at introduction shall be eligible for placement on the Consent Calendar
1. Approval of City Council Minutes: Approve the minutes from the August 7, 2024 Regular Council Meeting and the August 8, 2024 Joint Workshop Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
2. Check Register: Ratify/approve payment of bills listed on the check register for the period July 30, 2024 through August 12, 2024 as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Approve an automatic aid agreement between the City of Kingsburg and City of Selma Fire Departments. - Staff Report prepared by Fire Chief John Binaski Sponsor: Fire Department
4. Waive the first reading and Introduce Ordinance 2024-04 AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG
MUNICIPAL CODE ESTABLISHING PROCEDURES FOR EXPEDITING PERMITTING
PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS and pass the Ordinance to a second reading and adoption at the City Council meeting on October 2, 2024, with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG MUNICIPAL CODE ESTABLISHING PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS”
Staff Report prepared by Building Official AJ O’Connell Sponsor: Community Development Department
5. Approve of a new lease agreement with UnWired Broadband, Inc., as prepared by the City Attorney. - Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
REGULAR CALENDAR
6. Code Enforcement Update – Presentation by Building Official AJ O’Connell Sponsor: Community Development Department
Recommendation: Informational – no action deemed necessary.
7. Kingsburg Health Care Grant – Fire Department. – Presentation by Fire Chief John Binaski Sponsor: Fire Department
Recommendation: Approve
8. November 5, 2024 City Council Election Cancelation – Presentation by City Clerk Abigail Palsgaard
Sponsor: City Clerk’s Office
Recommendation: Approve
9. Highway Safety Improvement Program Grant Application Candidate Project – Presentation by City Engineer Dave Peters
Sponsor: City Engineer’s Office
Recommendation: Approve
FUTURE AGENDA ITEMS
Council requests for future agenda items. Items require a consensus.
COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.
CITY MANAGER’S REPORT
Updates and/or reports by the City Manager.
ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING INTO CLOSED SESSION:
“CALIFORNIA GOVERNMENT CODE SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN:394-042-04
City Negotiator: Alexander Henderson
Negotiating party: Matoian
Under negotiation: Division of property”
ADJOURN OUT OF CLOSED SESSION IN TO REGULAR KINGSBURG CITY
COUNCIL MEETING
ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
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 August 2024.
____________________________________
Abigail Palsgaard, City Clerk
Golden State Boulevard Corridor
Project Update
PROMISES MADE. PROMISES KEPT.
Presented by:
Terry Ogle, Executive Director
August 21, 2024
Project Overview Map
City of Kingsburg
City of Kingsburg
City of Kingsburg
City of Kingsburg
Project Timeline
FRESNO COUNTY TRANSPORTATION AUTHORITY • MEASURE C
Cooperative Agreement with FCOG
• December 2009
Cooperative Agreement with Cities
• September 2014
FCOG Hires Mark Thomas Engr to Design
• April 2016
30% Submittal
• Submitted: March 16, 2017
• Comments Received: August 7, 2017
FCOG Agreement with UPRR
• March 2018
60% Submittal
• Submitted: December 28, 2018
• Comments Received: March 20, 2019
Project Awarded $7.27M in State LPP Funding
• Fiscal Year 2020
90% Submittal
• Submitted: February 14, 2020
• Comments Received: September 11, 2020
100% Submittal
• Submitted: March 5, 2021
• Comments Received: April 12, 2021
101% Submittal
• Draft Submitted (Phased): May 9, 2022
• Final Submitted: August 1, 2022
Bid Plans
• Signed August 29, 2022
Project Advertisement
• August 30, 2022
Bid Opening
• October 6, 2022
Notice to Proceed
• November 28, 2022
Path Forward
• In January 2023, Review comments received from UPRR triggered replacement of several warning devices and signal houses. FCTA, FCOG, Fresno County began looking at various options to reduce cost. The Project Team stopped communication with UPRR. • In October 2023, the Project Team informed the cities about a 2 crossings per City concept. • In March 2024, FCTA requested Mark Thomas to begin design work to complete overlay with the “gaps” and reinitiate coordination with UPRR to determine status of all 19 UPRR Rail Crossing locations.
• On March 25, 2024, Mark Thomas held coordination meeting with UPRR to determine status and begin updating plans and providing submittals to UPRR for review and approval. • On May 17, 2024, Mark Thomas submitted revised plans to Fresno County for change order to current construction contract. On June 17, 2024, Fresno County send comments back to Mark Thomas.
FRESNO COUNTY TRANSPORTATION AUTHORITY • MEASURE C
Path Forward
• In June 2024, Fresno County informs FCTA and FCOG that the cost of the change order exceeds 10% of the original contract amount, therefore this work will be required to be a separate bid package.
• Currently, Mark Thomas is working on updating the plans to create a separate bid package.
It is anticipated this will be completed in October/November 2024. • Anticipated construction bid in December 2024/January 2025 timeframe • Anticipated start of construction in February/March/April timeframe (weather pending) • UPRR Crossing Locations Status: All crossing locations are with UPRR for review except for the 5-rail crossing within the City of Fowler which have traffic signals.
FRESNO COUNTY TRANSPORTATION AUTHORITY • MEASURE C
Status of the Transportation Infrastructure
ASCE’s 2021 Report Card for America’s Infrastructure:
America’s roads are critical for moving an ever-increasing number of people and goods. However, these vital lifelines are frequently underfunded, and over 40% of the system is now in poor or mediocre condition. As the backlog of rehabilitation needs grows, motorists are forced to pay over $1,200 every year in wasted time and fuel. Additionally, while traffic fatalities have been on the decline, over 36,000 people are still dying on the nation’s roads every year, and the number of pedestrian fatalities is on the rise.
Our nation’s highways and roads move 72%, or
nearly $17 trillion, of the nation’s goods;
43% of our public roadways
are in poor or mediocre condition.
Status of US Transportation Infrastructure
Public investment in US infrastructure as a share of the Gross Domestic Product (GDP) has fallen more than 40 %
since the 1960s. The World Economic Forum now ranks
the United States 13th when it comes to the overall quality of infrastructure.
Examples of our nation’s fragile and aging infrastructure:
More than 45,000 US Bridges and 1 in 5 miles of roads are in poor condition.
There is a water main break every two minutes, and an
estimated 6 billion gallons of treated water lost each
day in the U.S.
There are 30,000 miles of inventoried levees across the U.S., and an additional 10,000 miles of levees whose
location and condition are unknown.
HISTORY
1970’S & 1980’S: LIMITED INFRASTRUCTURE FUNDING
Incomplete
Freeway System
Congested Streets,
Roads and Highways
Pavement Deterioration,
Potholes & Other
Pavement Failures
Deficient
Structures
FRESNO COUNTY TRANSPORTATION AUTHORITY • MEASURE C
What is Measure C?
MEASURE C Update
PROMISES MADE. PROMISES KEPT.
Adopted in 1986 and renewed in 2006, Measure C has transformed the transportation landscape in the Fresno-Clovis Metro area as well as Fresno County. Measure C has been widely successful due to its focus on transportation needs in Fresno County. MC has a great story to tell. Measure C has improved our freeway system, our local city streets and county roads, and our local and rural transit services. Under the current measure, annually 35% of Measure C revenues goes directly to local agencies for road maintenance/street repair. Over the past 37 years, Fresno County has been able to leverage over $8 billion for transportation because Measure C has been able to provide matching funds.
VOTERS APPROVE
MEASURE C
EXTENSION
WITH 78% VOTE
NOVEMBER 2006
24% 34.6%
1.5%
3.5%
6% 30.4%
Total
Regional $1.2 Billion Public Transit
Local
Transportation
Regional
Transportation
Alternative
Transportation
Environmental
Transportation
Administration
and Planning
FRESNO COUNTY TRANSPORTATION AUTHORITY • MEASURE C
City of Kingsburg
Measure C Update
PROMISES MADE. PROMISES KEPT.
Measure C Regional Projects
State Route 201 (Sierra St) from SR 99 to Tulare Co. $5.8M (2000) Mountain View Ave from Bethel Ave to Tulare Co. $18.5M (2015) Golden State Boulevard Corridor Improvement Project (ongoing) Phase 1, 2 and 3 $25M, Trail $2.56M
Measure C Pass-Through Totals for City of Kingsburg since 2007 Street Maintenance $2.61M ($230K 2022/23FY)
Flexible Funding $2.52M ($222K 2022/23FY)
Pedestrians/Trails $421K ($43K 2022/23FY)
Bicycles $115K ($11K 2022/23FY)
ADA $80K ($5K 2022/23FY)
Totals $5.75M ($511K 2022/23FY)
Who can tell what Measure C is?
MEASURE C
PROMISES MADE. PROMISES KEPT.
Update on Measure C. Where we are and what is ahead of us? Set to expire in 2027, FCTA and FCOG will begin efforts to place a Measure C renewal on the ballot in November 2026.
A second renewal of Measure C has the potential to raise from $2.8 billion to $5 billion, depending on duration and escalation rates. MC3 would continue the region’s commitment to improving air quality, delivering road and street repair and maintenance, controlling congestion, and providing mobility to all Fresno County residents through the programs it funds.
PRESENTED BY:
Terry Ogle, Executive Director
[email protected] 559.600.3282
THANK YOU
KINGSBURG CITY COUNCIL
REGULAR MEETING MINUTES
Wednesday July 7, 2024
1401 Draper Street, Kingsburg, CA 93631
Invocation was given by Pastor Ricky Chambers, Kingsburg Community Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.
Call to Order and Roll Call: Mayor Pursell, Jr. called the regular meeting of the Kingsburg City Council to order at 6:02 PM.
Council Members Present: David Silva, Vince Palomar, Staci Smith and Mayor Brandon Pursell Jr.
Council Member Absent: Council Member Laura North.
Approve Agenda: A motion was made by Council Member Palomar, seconded by Council Member Silva, to approve the agenda, as published. The motion carried by a unanimous voice vote of those members present.
Presentations:
Kingsburg Business Improvement District Presentation by Chairperson Leslie Carpenter 2017 was when city planners came in and they came back with an improvement plan. One suggestion was a business improvement district. Website was the priority. Social media engagement was first managed in house. Oat & Oak now does it, and he does a great job. BID has accomplished decorating corners for Christmas, we work to collaborate with the chamber, we rent the Dala Trolley for events.
The BID doesn’t want to overshadow events that the chamber does. The BID has hosted the fall kickoff.
Ms. Carpenter and Council discussed the purchase of trash cans.
Public Comments: None.
Consent Calendar: A motion was made by Council Member Smith, seconded by Council Member Palomar, to approve the items appearing on the Consent Calendar. The motion carried by a unanimous voice vote of those members present.
5.1 Approval of City Council Minutes: Approve the minutes from the July 17, 2024, 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 July 9, 2024, through July 29, 2024, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
5.3 Authorize a sole-source purchase and waive formal bidding for the purchase of a Smeal fire engine from Fire Apparatus Solutions and all related equipment not to exceed $950,000. - Staff Report prepared by Fire Chief John Binaski Sponsor: Fire Department
5.4 Approve the Fire Department Contracts between DHCS and City of Kingsburg and authorize the city manager or fire chief to sign the attached agreements- Staff Report Kingsburg City Council Minutes
August 7, 2024
prepared by Fire Chief John Binaski
Sponsor: Fire Department
5.5 Authorize a sole-source purchase and waive formal bidding for the purchase of a Freightliner Ambulance from Excellence, Inc. in the amount of $360,443.24 - Staff Report prepared by Fire Chief John Binaski
Sponsor: Fire Department
5.6 Waive the second reading and adopt Ordinance 2024-03 Amending, In Its Entirety, Chapter 6.04 Of Title 6 Of The Kingsburg Municipal Code Pertaining To Dogs And Other Animals with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KINGSBURG AMENDING, IN ITS ENTIRETY, CHAPTER 6.04 OF TITLE 6
OF THE KINGSBURG MUNICIPAL CODE PERTAINING TO DOGS AND
OTHER ANIMALS.”
Staff Report prepared by Assistant City Manager Christina Windover Sponsor: Assistant City Manager’s Office
5.7 Designate Mayor Brandon Pursell, Jr. as the Voting Delegate of the 2023 Annual League of California Cities Conference, Mayor Pro-Tem Vince Palomar as the first Voting Delegate – Alternate and Council Member David M. Silva as the second Voting Delegate-Alternate. – Memo by the League of California Cities Sponsor: City Clerk’s Office
5.8 Approve the Cancellation of the October 16, 2024, Regular City Council Meeting– Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
5.9 Accept the Treasurer’s Report from April 30, 2024, to June 30, 2024.- Staff Report by Finance Director Alma Colado
Sponsor: Finance Department
5.10 Accept the public infrastructure and off-site electrical improvements of Tract 6167 and authorize the release of security bonds and authorize the City Engineer to file the Notice of Completion with the Fresno County Clerk. - Staff Report prepared by City Engineer David Peters
Sponsor: Engineering Department
5.11 Adopt Resolution No. 2024-035–Amended and Restated--Resolution of the City Council of the City of Kingsburg, acting in its Capacity as the Legislative Body of Community Facilities District No. 2017-1 (Public Services District) Authorizing the Levy of a Special Tax for Fiscal Year 2024-2025 Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
Kingsburg City Council Minutes
August 7, 2024
Regular Calendar
PUBLIC HEARING- Local Roadway Safety Plan- Staff Report Prepared by City Engineer David Peters
Sponsor: Engineering Department
Open Public Hearing: 6:16 PM.
Will Washburn presented regarding adopting a Local Roadway Safety Plan (LRSP). An LRSP would identify and analyze safety problems throughout Kingsburg. By analyzing a collision map, an LRSP would allow staff to correct and prevent traffic collisions issues. The city would need this to get state grants for traffic safety. Mr. Washburn explained this is a living document, it can be changed after adoption, Mr. Washburn also went over the criteria for selecting projects.
Council Discussion: 6:26 PM.
Council Member Silva asked who decided on the projects. Mr. Washburn explained they held a safety meeting that includes Police and Fire Department. Where they took data from public reference, but also looking at accidents in various locations and matching up proposed components that the highway safety improvement project would pay for. This grant will only pay for safety improvements, not necessarily new projects. They are competing with other locations; they are looking for competitive projects to receive grants.
Council Member Silva asked if Simpson Street would receive a crosswalk. Engineer Peters answered this crosswalk had a diagnostic meeting that identified this crosswalk as an improvement, but it would fall under the State. Unsure if they would focus on this one, seeing how it’s a more difficult process to gain the grant. Council Member Silva was for the project at 10th and Kern being moved up on the list. Engineer Peters can come up at the next meeting to give an update on projects to solidify the list.
Council Member Palomar asked if the state asks for the numbers of accidents on each project or if there are certain criteria. Mr. Washburn and Engineer Peters explained it is part of the application to calculate the cost to benefit, the more traffic and accidents the better chances for a grant.
Mayor Pursell Jr. asked about the bike accidents in the report it shows only 2 bike accidents between 2018 through 2023. Is wondering what the validity of numbers. As there seems to be some discrepancies. Mr. Peters will double check. Council Member Smith spoke about the data in the different meetings, the number was higher. It might not be reported yet, or they may not have called the police.
Open Public Comment: None.
Close Public Comment: None.
Continued Council Discussion: None.
Close Public Hearing: 6:38 PM.
Kingsburg City Council Minutes
August 7, 2024
A motion was made by Council Member Silva, seconded by Council Member Palomar to Adopt the Local Roadway Safety Plan. The motion passed with a voice vote of 3 yes, and Mayor Pursell, Jr. voting no and Council Member North being absent.
Micro-Grant Application Consideration – Business Improvement District - Staff Report prepared by City Manager Alexander Henderson
Sponsor: City Manager’s Department
Presentation by City Manager Alexander Henderson provided additional details, to Chairperson Leslie Carpenter’s earlier presentation, regarding the microgrant program that was created to help finance projects throughout the City of Kingsburg. The Kingsburg Business Improvement District (BID) is applying for a grant to purchase and replace trash cans for the downtown area. The BID is currently asking for $15,000.
City Manager Henderson detailed the project, the timeline to construct the containers, and how Public Works staff will coordinate placement of the trashcans. There is also the possibility Mid Valley will help contribute financially to offset the cost.
Council Member Silva asked if Public Works has reviewed the trash can and are okay with the construction and placement of the trashcans. City Manager Henderson answered yes, they have been involved and had their own suggestions that were accepted. Council Member Palomar asked how many we currently have around downtown. City Manager Henderson clarified there are 20 with the stone around, not many on the side streets. Indicated there are trashcans that businesses have put out on their own, but the BID will be working with businesses to see where the best spots for placement will be.
Council Member Smith asked if there will be liner and if dismantling will be necessary. Chairperson Leslie Carpenter clarified there will be a liner and a door.
A motion was made by Council Member Silva, seconded by Council Member Palomar to approve the funding for the micro-grant up to $15,000 to support the purchase of new trash receptacles for the downtown. The motion passed by a unanimous voice vote of those present.
Kingsburg Senior Center Hot Meal Program 2024-2025 - Staff Report prepared by Community Services Director Adam Castaneda
Sponsor: Community Services Department
Community Services Director Adam Castaneda discussed how Senior Center members have asked if staff can make their own meals, onsite, instead of using the current hot meal provider, Fresno Economic Opportunities Commission (Fresno EOC) sponsored by the Fresno Madera Agency Against Aging (FMAAA). The primary reason is due to the overall dissatisfaction with the meals and service provided. There will be a $7,000 increase to the program, but the goal is to improve overall quality and satisfaction amongst staff and senior residents.
City staff and Kingsburg Senior Citizens Inc. have contacted the Kingsburg Health Care District and the Larry Hillblom Foundation and received financial support from both organizations.
Director Castaneda has requested that council choose between continuing with our current provider (FMAAA) or transitioning to Kingsburg Staff-Prepared meals. Indicating if we decided to choose to Kingsburg City Council Minutes
August 7, 2024
make our own meals, it will end the partnership with FMAAA. But there is the possibility of recontracting with FMAAA if we are not satisfied with self-made meals or funding is lapses in a year.
Council Member Silva praised the Staff at the senior center and knows and understands the meals provided are popular. But asked how many individuals are you proposing to feed? Director Castaneda estimates 30-45 people a day, he commented that donations are higher when we cook on site. Breakfasts have been successful. Council Member Silva commented any time we can feed the seniors, it is great. Thanked Director Castaneda for bring this proposal to them. Council Member Smith supports this, glad to see the Kingsburg Hospital District & Hilblom Foundation support the project.
A motion was made by Council Member Silva, seconded by Council Member Palomar, to accept the Kingsburg Health Care Districts grant and transition to Kingsburg staff prepared meals to enhance the Hot Meal Program's quality and satisfaction for the senior community. The decision will affect the current fiscal year, with funding to be re-contracted annually. The motion passed with an unanimous voice vote of those members present.
Council Reports and Staff Communications
Community Services Commission – Have not met.
Public Safety Committee – Meeting August 12, 2024.
Chamber of Commerce – Nothing to report.
Economic Development – Will meet at the end of the month.
Finance Committee – Have not met.
Planning Commission - Joint meeting tomorrow, August 8, 2024.
South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA) – Discussed well mitigation, 6 wells may need to be mitigated due to ground water being lowered. Our GSA is in a better situation than other neighboring GSAs.
Downtown Business Improvement District – Nothing to report.
Council of Governments – Nothing to report.
Council Member Reports – Council Palomar met with Mr. Bains would like to put a housing development at Kern and Bethel. Council Member Smith attended the back the blue walk on Saturday, it was nice to support the police.
City Manager’s Report – Reminded Council about joint meeting tomorrow, August 8, 2024.
Future Agenda Items: None.
Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting into Closed Session at 7:02 PM.
Kingsburg City Council Minutes
August 7, 2024
9.1 CONFERENCE WITH LABOR NEGOTIATORS
California Government Code Section 54957.6
City Designated Representative: Alexander Henderson
Employee Organization: Kingsburg Professional Firefighters Association (KPFA)
Mayor Pursell Jr. adjourned out of Close Session into Regular Kingsburg City Council Meeting at 7:16 PM.
Attorney Michael Noland – Nothing to report.
Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting at 7:17 PM.
Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
KINGSBURG CITY COUNCIL AND PLANNING COMMISSION
WORKSHOP MINUTES
AUGUST 8, 2024
1. Call to Order: At 6:00 pm the City Council and Planning Commission Workshop was called to order by Mayor Pursell.
Council Members present: Palomar, Smith, Silva, and Mayor Pursell, Jr.
Council Members Absent: North
Planning Commissioners present: Gonzales, Blayney, Brock, Ruch and Kruper Planning Commissioners absent: Ekizian and Taylor
Staff present: Alex Henderson, Michael Noland, and Holly Owen
2. Public Comments: None.
3. Focused General Plan Update
Sara Allinder, Principal Planner from Provost & Pritchard Consulting Group, presented the update to the council members and planning commissioners. This is a workshop to present the start of the project. She explained what a General Plan is and how Kingsburg will be updating its own General Plan. This includes meeting new State Law requirements, confirming the current vision for the community, and reorganizing the documents to be more accessible. She also presented the timeline of the project. Projected completion is Fall 2025.
Sara answered some questions from the council members and commissioners. Next Workshop is mid fall of this year.
4. Adjourn Kingsburg City Council and Planning Commission Workshop: At 6:30 pm, Mayor Pursell adjourned the meeting.
Submitted by:
______________________________________
Karyl Bartel, Comm. Dev. Admin. Assistant
Accounts Payable
User:
Printed:
marshaa
8/14/2024 1:22 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 4789 US BANKCORP SERVICE CENTER 08/02/2024
Colado 7-19-24 Amazon-Alvarez- file cabinets/supplies 65.58 Colado 7-19-24 Amazon-Alvarez- file cabinets/supplies 65.57 Colado 7-19-24 Amazon-Refund Alvarez Supplies -3.81
Colado 7-19-24 Amazon-Refund Alvarez Supplies -3.81
Colado 7-19-24 Kabob Twist-Lunch Meeting-Colado, Lozano 40.45 Cstnda 7-19-24 Pod Utility for concession stand area 435.89 Cstnda 7-19-24 Instacart Smart and Final Pool Supplies 741.27 Cstnda 7-19-24 Senior Center meal program 25.77
Cstnda 7-19-24 Senior Center- First Aid/ CPR certs 425.00 Cstnda 7-19-24 Amazon-Senior Center Supplies 100.22
Cstnda 7-19-24 Instacart Smart & Final pod Concessions 547.25 Cstnda 7-19-24 Bowl Bistro 99 Lifeguard inservice training 163.47 Cstnda 7-19-24 Community Services Vehicle Fuel 30.20
Galvez 7-19-24 HASH Splash Pad- Repair Sensor 376.00
Hrnadez 7-19-24 National Fire protection- NFPA renewl Kopas 103.49 Hrnadez 7-19-24 Grocery Outlet- grocery/dept supplies 17.98 Hrnadez 7-19-24 Precision Plastics- accountability tags- Heredia 43.19 Hrnadez 7-19-24 Port of Subs- crew / CERT/SNF evacuation 111.20 Hrnadez 7-19-24 MeNEds-crew dinner/working Laton 85.46
Hrnadez 7-19-24 National Fire protection- NFPA membership Crabb 114.99 Hrnadez 7-19-24 Little Ceasar's- sodas crew/ CERT/SNF evacuation 20.20 Hrnadez 7-19-24 J's Taco's- crew/hazmat call 106.32
Hrnadez 7-19-24 Kabob-welcome Heredia, FF/Medic 136.22
Hrnadez 7-19-24 Bookeo-monthly membership- register for CPR classes 39.95 Hrnadez 7-19-24 NFPA Fire protection- FP membership 225.00 Hrnadez 7-19-24 Denny's-brkfst duty crew/CERT-SNF evacuation/clean up 293.83 Hrnadez 7-19-24 Noecal FPO Prevention- FP membership Kopas 65.00 Owen 7-19-24 ICC for AJ 1 year membership 794.00
Owen 7-19-24 Amazon-Supplies/City Hall 51.81
Owen 7-19-24 Amazon- Janitorial Supplies 93.02
Owen 7-19-24 Amazon- Janitorial Supplies 45.16
Owen 7-19-24 Airbnb for APA CA 2024 Conference- H Owen 625.42 Owen 7-19-24 APA California 2024 Conference H Owen 685.00 Owen 7-19-24 Amazon-Paper for Plotter 76.27
Owen 7-19-24 Amazon-Comm Dev Supplies 9.93
Owen 7-19-24 ICC for AJ Conference 715.00
Owen 7-19-24 Amazon-Comm Dev Plotter Ink 468.58
Owen 7-19-24 Amazon-HR Supplies 38.73
Owens 7-19-24 Embassy Suites hotell- Capt Owens OOC& Woodley OOC 414.67 Owens 7-19-24 Hyatt hotel- Capt Owens OOC 124.41
Owens 7-19-24 Residence Inn hotel- Capt Owens OOC 214.77 Owens 7-19-24 Residence Inn hotel- room cancelled fro 7/6 -214.77 Owens 7-19-24 Hampton Inn hotel- Cptn Owens OOC 155.96
Owens 7-19-24 Embassy Suites hotel- tourism fees 7.82
Owens 7-19-24 Embassy Suites hotel- tourism fees 7.82
Plozsaj 7-19-24 Print Theory- KPD Shirts 451.83
Stephns 7-19-24 Hotel deposit for Executive Summit Conference 201.56 Wndover 7-19-24 ID Creator- K Hernandez 6.00
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Wndover 7-19-24 ID Creator- K Hernandez 6.00
Wndover 7-19-24 ICMA Registration- A Hernandez 690.00
Wndover 7-19-24 ID Creator- A Sanchez 11.99
Wndover 7-19-24 Booking.com-C Windover Room 9/21-9/25/24 1,535.38 Wndover 7-19-24 Golden Law- Bill 1552 130.00
Wndover 7-19-24 ICMA Registration- C. Windover 690.00
Wndover 7-19-24 Flight to ICMA- C Windover 662.59
Total for this ACH Check for Vendor 4789: 13,070.83
85990 3006 AIRGAS NCN 08/02/2024
9151914678 Oxygen 7/18/24 217.86
Total for Check Number 85990: 217.86
85991 4730 ALL HAZARD EHS, INC 08/02/2024
2527 Lead & Aesbestos Clearance 6/24/2024 1,500.00
2527 Resample/Non Viable Mold 1,520.00
Total for Check Number 85991: 3,020.00
85992 4545 AMAZON.COM SALES, INC. 08/02/2024
1N4Q-WWPW-3RJV aINOPE usb AtoA MALE CABLE 6.85
1RH1-WDF6-4TC4 Powder free gloves 6 cases/ File folders x4 bx 718.74 IHCH-XRXX-T3MG Pyramex Safety Products HP 14112 SI series hard hat x5 206.76 Total for Check Number 85992: 932.35
85993 5011 CRISTINO BARRERA 08/02/2024
07052024 Property return case # 17-1739 140.00
Total for Check Number 85993: 140.00
85994 4875 BOUND TREE MEDICAL LLC 08/02/2024
85424000 Medical Supplies 7/22/24 470.54
Total for Check Number 85994: 470.54
85995 4429 CANON FINANCIAL SERVICES, INC 08/02/2024
33592332 Senior Center Printer June 2024 117.98
33592333 Senior Center Printer June 2024 145.91
Total for Check Number 85995: 263.89
85996 3069 CASCADE FIRE EQUIPMENT 08/02/2024
13716 NPSH reducer replacement for OES rig 97.13
Total for Check Number 85996: 97.13
85997 3831 ADAM CASTANEDA 08/02/2024
Aug 2024 Reim Monthly Cell Phone Aug 2024 75.00
Total for Check Number 85997: 75.00
85998 4861 CCLS, INC 08/02/2024
2269 INV#2269- KINGS ESTATES - Park and Walks and Basin 1,170.00 2269 INV#2269- VETS Park Landscap Skansen 10th 920.00
Total for Check Number 85998: 2,090.00
85999 3822 ALMA COLADO 08/02/2024
Aug 2024 Reim Monthly Cell Phone Aug 2024 75.00
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85999: 75.00
86000 4082 JENNIFER COLEGIO 08/02/2024
07262024 Gracie Level 1 Instructor Course June 3-7 75.00 07262024 Per Diem- POST(Plan IV) Interviewing & Interrogation Tech May 21 45.00 Total for Check Number 86000: 120.00
86001 3148 DON BERRY CONSTRUCTION INC 08/02/2024
Pymt #1 Retention: FY 23/24 Streets Project: Dates: 6/10/24-7/15/24 -6,248.89 Pymt #1 FY 23/24 Streets Project Dates: 6/10/24-7/15/24 232,101.91 Pymt #1 FY 23/24 Streets Project: Dates: 6/10/24-7/15/24 124,977.95 Pymt #1 Retention: FY 23/24 Streets Project Dates: 6/10/24-7/15/24 -11,605.10 Total for Check Number 86001: 339,225.87
86002 3152 E C N POLYGRAPH & INVEST 08/02/2024
KINGPD-JULY-202 Pre Employment Polygraph (Velasquez-Ochoa) 250.00 Total for Check Number 86002: 250.00
86003 3750 EAGLE ENGRAVING, INC. 08/02/2024
2024-5068 Name tag/Paramedic Heredia + postage 37.43
Total for Check Number 86003: 37.43
86004 4615 EMERALD TEXTILES SERVICES 08/02/2024
EFRE-00165251 Laundry svs 7/7-7/13/24 261.13
EFRE-00166989 Laundry svs 7/14-7/20/24 261.13
Total for Check Number 86004: 522.26
86005 3158 ENER POWER 08/02/2024
73162 Electric Charges 4/26-5/31/24 SID: 7547167697 934.00 73163 Electric Charges 4/26-5/31/24 SID: 7543447066 1,282.00 73164 Electric Charges 4/26-5/31/24 SID: 7543447336 563.00 73165 Electric Charges 4/26-5/31/24 SID: 7543447613 589.00 Total for Check Number 86005: 3,368.00
86006 3765 EWING IRRIGATION 08/02/2024
22816823 Irrigation supplies Heritage park 408.62
Total for Check Number 86006: 408.62
86007 4072 FAHRNEY FORD SALES 08/02/2024
245284 PW 841- Fuel Line repair 700.00
Total for Check Number 86007: 700.00
86008 3539 Attn: Accts. Receivable Dept. FOREMOST PROMOTIONS 08/02/2024 727523 Swag- Color pop antibacterial hand sanitizer spray x 500 639.28 Total for Check Number 86008: 639.28
86009 3179 LEE FORLINES 08/02/2024
Reimbursement Fresno Rifle & Pistol Club ( Range Fees) 115.00 Total for Check Number 86009: 115.00
86010 4640 FRESNO COUNTY TREASURE 08/02/2024
310286 Senior Center meal program inspection 430.00
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86010: 430.00
86011 4932 FRESNO OXYGEN/BARNES WELDING 08/02/2024
63417137 Bulk CO2 gas pool 321.79
Total for Check Number 86011: 321.79
86012 3994 GUARDIAN 08/02/2024
8/1-8/31/24 Monthly Ins. Premium 8/2024 Vol Life Ins 1,674.58 8/1-8/31/24 Monthly Ins. Premium 8/2024 Vol Ins Plans 1,449.70 8/1-8/31/24 Monthly Ins. Premium 8/2024 Life Employee 212.30 8/1-8/31/24 Monthly Ins. Premium 8/2024 Ameritas Dental 6,257.70 8/1-8/31/24 Monthly Ins. Premium 8/2024 VSP Vision 1,069.90 Total for Check Number 86012: 10,664.18
86013 3219 HEALTHWISE SERVICES 08/02/2024
183313 Kiosk Lease Fee Manifest#1480184 6/14/2024 173.75 Total for Check Number 86013: 173.75
86014 3222 HENRY SCHEIN, INC. 08/02/2024
98287443 Medical Supplies 7/15/24 423.64
98594679 Medical Supplies 7/17/24 59.09
Total for Check Number 86014: 482.73
86015 3999 IRON MOUNTAIN 08/02/2024
JRCX115 Shred Services 6/26-7/23/24 102.53
Total for Check Number 86015: 102.53
86016 3534 JACK'S REFRIGERATION, INC. 08/02/2024
5461-6 Maint Agreement City Hall 989.00
5463-6 Maint Agreement KFD #2 989.00
5465-6 Maint Agreement KFD #1 989.00
64-60-4 INV6460-4- KPD HVAC Maint Agreement 2,424.00
6583-4 Maint Agreement Senior Center 795.12
73782 City Hall Building Dept 159.00
73800 KPD-Training Room 396.95
83291 City Hall Council Chambers 264.29
Total for Check Number 86016: 7,006.36
86017 4830 JC LAND MANAGEMENT INC 08/02/2024
1811 INV#1811 June landscape services. 6,572.20
1870 Bethel/RJD- Irrigation Repairs 690.00
Total for Check Number 86017: 7,262.20
86018 3329 JOLENE POLYACK MARKETING 08/02/2024
3267 Econ Dev. July 2024 3,300.00
Total for Check Number 86018: 3,300.00
86019 4973 KC&S CONSTRUCTION SPECIALTIES, INC08/02/2024 1976 Laminate Dutch door 3,215.00
Total for Check Number 86019: 3,215.00
86020 3253 KINGSBURG CHAMBER OF COMMERCE08/02/2024
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Aug 2024 Monthly Budget Allowance Aug 2024 2,500.00
Total for Check Number 86020: 2,500.00
86021 4567 KOALA TREE SERVICE 08/02/2024
697 INV#697- Bicentenial Park - Remove Tree / Grind Stump sidewalk 2,800.00 698 INV#698- Sierra Block Wall East of FS#2 - Remove Trees / Grind S 3,800.00 699 INV#699- Bethel / Sierra Remove treess - Sation #2 2,800.00 Total for Check Number 86021: 9,400.00
86022 3277 LINCOLN AQUATICS 08/02/2024
Q2027578 INV#Q2027578- Pool Chlorine 5/2/2024 2,046.75
Q2027665 INV#Q2027665 Pool Chlorine 6/18/2024 2,291.44
Q2027669 INV#Q2027669 Pool Chlorine 6/11/2024 2,385.56
Q2027786 Pool Chlorine 6/25/24 1,914.99
Q2027802 Pool Chlorine 7/18/2024 1,632.64
Q2027829 Chlorine Well #10 7/18/24 1,121.24
Q2027830 Chlorine Well #16 7/18/24 718.53
Q2027831 Chlorine Well #14 7/18/24 1,121.24
Q2027832 Chlorine Well #13 7/18/24 866.90
Q2027923 INV#Q2027923 Pool Chlorine 7/8/2024 2,385.56
Total for Check Number 86022: 16,484.85
86023 5014 LITHIA FORD LINCOLN OF FRESNO 08/02/2024
105867 Building Dept Ford 2024 ESCAPE PHEV INV#FD23 7252024 42,098.86 Total for Check Number 86023: 42,098.86
86024 4329 MCI COMM SERVICES 08/02/2024
July 2024 Acct. #7DL61514 Fax Long Distance Only 559-897-5568 35.41 Total for Check Number 86024: 35.41
86025 3466 NAPA AUTO PARTS 08/02/2024
675636 Teejet Cap-Spray Nozzle 7.16
676366 Impact Socket Set 29.95
676949 Screw Extractor kit 17.43
677433 Sand kit 38.44
677817 Edger Blades 70.78
678212 Oil - Landscape 91.41
Total for Check Number 86025: 255.17
86026 3307 NELSON'S ACE HARDWARE-SELMA 08/02/2024
151422 Threadlocker BLU (hardware) 34.01
July 2024 Hardware Supplies July 2024 107.87
July 2024 Hardware Supplies July 2024 371.73
July 2024 Hardware Supplies July 2024 11.10
July 2024 Hardware Supplies July 2024 73.21
July 2024 Hardware Supplies July 2024 8.79
July 2024 Hardware Supplies July 2024 13.65
July 2024 Hardware Supplies July 2024 7.41
July 2024 Hardware Supplies July 2024 371.61
July 2024 Hardware Supplies July 2024 66.29
July 2024 Hardware Supplies July 2024 96.53
Total for Check Number 86026: 1,162.20
86027 3312 O'REILLY AUTO PARTS 08/02/2024
4445-466954 Blue def drum 411.93
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
4445-467412 Cabin filter-wiper fluid PW #652 23.72
4445-468720 Blue def drum -credit discount -411.93
4445-468721 Blue def drum 288.36
Total for Check Number 86027: 312.08
86028 3611 HOLLY OWEN 08/02/2024
Aug 2026 Cell Phone Monthly Allowance Aug 2024 75.00
Total for Check Number 86028: 75.00
86029 3315 P G & E 08/02/2024
07/15/2024 Electricity 6/14/24-7/15/24 #2493668675-7 30.46 07/15/2024 Electricity 6/14/24-7/15/24 #2493668675-7 30.47 07/15/2024 #2 Electricity 6/14/24-7/15/24 #7502184272-1 4,639.19 07/15/2024 #2 Electricity 6/14/24-7/15/24 #7502184272-1 4,639.19 07/26/2024 Electricity-6/27/27-7/25/24 #9285082237-7 125.72 Total for Check Number 86029: 9,465.03
86030 3450 ABIGAIL PALSGAARD 08/02/2024
Aug 2024 Reim Monthly Cell Phone Aug 2024 75.00
Total for Check Number 86030: 75.00
86031 4669 PITNEY BOWES BANK INC 08/02/2024
7312024 Postage Activity July- Meter Refill 38.04
Total for Check Number 86031: 38.04
86032 3333 PRICE PAIGE&COMPANY, CERTIFIED PUBLIC ACCOUNTANT 08/02/2024 33876 Consulting Bank Recon for year end June 30, 2023 1,031.50 33876 Consulting Bank Recon for year end June 30, 2023 453.86 33876 Consulting Bank Recon for year end June 30, 2023 577.64 Total for Check Number 86032: 2,063.00
86033 3334 PROFESSIONAL PRINT & MAIL, INC 08/02/2024
121591 Printing Insert Consumer Confidence Report July 2024 1,238.38 121623 Statements-Monthly Utility Bills July 2024 581.55 121623 Statements-Monthly Utility Bills July 2024 581.55 Total for Check Number 86033: 2,401.48
86034 5006 QUALITY LANDSCAPE CONSTRUCTION INC 08/02/2024 16100 INV#16100- HASH Park Irrgation Repair/ Upgrade 3,760.00 Total for Check Number 86034: 3,760.00
86035 5017 RT NELSON COMPANY INC 08/02/2024
Pymt #1 Retention FY 23-24 Water Main Project. Dates: 5/19/24-7/11/24 -10,614.63 Pymt #1 FY 23-24 Water Main Project Dates: 5/19/24-7/11/24 11,173.30 Pymt #1 FY 23-24 Water Main Project Dates: 5/19/24-7/11/24 -558.67 Pymt #1 FY 23-24 Water Main Project. Dates: 5/19/24-7/11/24 212,292.70 Total for Check Number 86035: 212,292.70
86036 4723 GLENN SAY 08/02/2024
237579 G. Say D3 Exam Prep 299.99
Total for Check Number 86036: 299.99
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
86037 3543 SIERRA PACKAGING SOLUTIONS 08/02/2024
88724 Janitorial Supplies Senior Center 730.58
89086 Janitorial Supplies Senior Center 548.20
89102 Janitorial Supplies Senior Center -38.57
89166 Janitorial Supplies Senior Center 393.88
90397 Janitorial Supplies/pool 85.12
Total for Check Number 86037: 1,719.21
86038 3369 SILVAS OIL COMPANY, INC. 08/02/2024
192889CT SRO H Fuels 135.84
192889CT SRO E Fuels 186.70
192889CT ACT Fuels 430.16
192889CT GF Fuels 2,015.68
192889CT ME Fuels 820.72
192890CT Measure E Fuel 1,094.28
192890CT Ambulance Fuel 1,094.28
192890CT Fire Fuel 1,094.26
Total for Check Number 86038: 6,871.92
86039 4887 SOCIAL VOCATIONAL SERVICES INC. 08/02/2024
46F2403-IN Landscape Services-HASH 929.03
46F2403-IN Landscape Services 928.57
Total for Check Number 86039: 1,857.60
86040 4142 SPARKLETTS 08/02/2024
19724793-072124 Water Delivery/Rental 59.46
Total for Check Number 86040: 59.46
86041 3381 STATE OF CALIFORNIA-D O T 08/02/2024
SL241038 Signals and Lighting April 2024-June 2024 3,969.96 Total for Check Number 86041: 3,969.96
86042 3484 SWANK MOTION PICTURE, INC. 08/02/2024
3668634 City Movie Series June 2024 360.00
3672144 City Movie Series June 2024 360.00
Total for Check Number 86042: 720.00
86043 4016 ULINE Shipping Supplies Specialist 08/02/2024 180448027 PW Gloves 199.21
Total for Check Number 86043: 199.21
86044 3410 UNDERGROUND SERVICE ALERT 08/02/2024
1180942024 717 tickets-membership fee USA 1,445.47
118094USB24 Regulatory Fee July 1, 2024-June 30, 2025 468.22 Total for Check Number 86044: 1,913.69
86045 4921 UTILITY ASSOCIATES INC 08/02/2024
45815 BWC and mount/ USB-C Breakaway charging Cable,battery backup 5 y 71,201.50 Total for Check Number 86045: 71,201.50
86046 3416 VERIZONWIRELESS 08/02/2024
9969123322 Cellular Svc. 6/16/24-7/15/24 104.65
9969123322 Cellular Svc. 6/16/24-7/15/24 20.78
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
9969123322 Cellular Svc. 6/16/24-7/15/24 52.14
9969123322 Cellular Svc. 6/16/24-7/15/24 27.33
9969123322 Cellular Svc. 6/16/24-7/15/24 88.07
9969123322 Cellular Svc. 6/16/24-7/15/24 95.31
9969123322 Cellular Svc. 6/16/24-7/15/24 20.42
9969123322 Cellular Svc. 6/16/24-7/15/24 26.72
9969123322 Cellular Svc. 6/16/24-7/15/24 78.44
Total for Check Number 86046: 513.86
86047 3418 VIDEO INSPECTION SPECIALISTS INC 08/02/2024
9186 Stormdrain/ Lincoln/ Lewis Roots 1,825.00
Total for Check Number 86047: 1,825.00
86048 3419 VIKING CLEANING SERVICE 08/02/2024
Aug 2024 Janitorial Services Aug 2024 3,714.23
July 2024 Retro Janitorial Services July 2024 Retro 72.83 Total for Check Number 86048: 3,787.06
86049 3421 VINCENT COMMUNICATIONS, INC. 08/02/2024
88624 Roof antenna spare-E141 140.37
Total for Check Number 86049: 140.37
86050 4689 WATERMEN 08/02/2024
88216 Lifeguard Staff Uniforms 2024-2025 1,820.32
89462 Lifeguard Staff Uniforms 2024-2025 669.47
Total for Check Number 86050: 2,489.79
86051 3448 CHRISTINA WINDOVER 08/02/2024
Aug 2023 Cell Phone Reimb Aug 2023-Re-issue lost check 75.00 Aug 2024 Reim Monthly Cell Phone Aug 2024 75.00
Total for Check Number 86051: 150.00
86052 3430 08/02/2024
Aug 2024
BETTY WONG,
Wong Building Leases Aug 2024 2,600.00
Total for Check Number 86052: 2,600.00
Total for 8/2/2024: 801,535.04
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 08/09/2024
PR Batch 00001.08.2024 457 Percent - Mission Square PR Batch 00001.08.2024 457 Percent - Mission Square 387.60 PR Batch 00001.08.2024 457 Mission Square PR Batch 00001.08.2024 457 Mission Square 5,366.92 Total for this ACH Check for Vendor 3231: 5,754.52
ACH 3470 Internal Revenue Service - ACH 08/09/2024
PR Batch 00001.08.2024 Medicare Employer Portion PR Batch 00001.08.2024 Medicare Employer Portion 4,473.81 PR Batch 00001.08.2024 Federal Income Tax PR Batch 00001.08.2024 Federal Income Tax 24,088.61 PR Batch 00001.08.2024 FICA Employee Portion PR Batch 00001.08.2024 FICA Employee Portion 18,788.84 PR Batch 00001.08.2024 FICA Employer Portion PR Batch 00001.08.2024 FICA Employer Portion 18,788.84 PR Batch 00001.08.2024 Medicare Employee Portion PR Batch 00001.08.2024 Medicare Employee Portion 4,473.81 Total for this ACH Check for Vendor 3470: 70,613.91
ACH 3471 Employment Development Department - ACH08/09/2024 AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PR Batch 00001.08.2024 CA SDI PR Batch 00001.08.2024 CA SDI 3,047.21 PR Batch 00001.08.2024 State Income Tax PR Batch 00001.08.2024 State Income Tax 10,144.99 Total for this ACH Check for Vendor 3471: 13,192.20
ACH 3472 CalPERS - ACH 08/09/2024
PR Batch 00001.08.2024 PERS Reported FLSA PR Batch 00001.08.2024 PERS Reported FLSA 537.56 PR Batch 00001.08.2024 PERS Misc. PEPRA ER PR Batch 00001.08.2024 PERS Misc. PEPRA ER 4,731.58 PR Batch 00001.08.2024 PERS Safety Police PEPRAPR Batch 00001.08.2024 PERS Safety Police PEPRA 9,213.09 PR Batch 00001.08.2024 PERS Misc. Classic ER PR Batch 00001.08.2024 PERS Misc. Classic ER 4,479.22 PR Batch 00001.08.2024 PERS Safety Fire ER PR Batch 00001.08.2024 PERS Safety Fire ER 3,161.43 PR Batch 00001.08.2024 PERS Misc. PEPRA PR Batch 00001.08.2024 PERS Misc. PEPRA 4,659.43 PR Batch 00001.08.2024 PERS Safety Fire -ClassicPR Batch 00001.08.2024 PERS Safety Fire -Classic 1,214.92 PR Batch 00001.08.2024 PERS Misc. Classic PR Batch 00001.08.2024 PERS Misc. Classic 2,591.88 PR Batch 00001.08.2024 PERS Safety Police PEPRPR Batch 00001.08.2024 PERS Safety Police PEPR A ER A ER 8,788.55 PR Batch 00001.08.2024 PERS Safety Police ER PR Batch 00001.08.2024 PERS Safety Police ER 3,631.64 PR Batch 00001.08.2024 PERS Safety Police PR Batch 00001.08.2024 PERS Safety Police 1,398.93 PR Batch 00001.08.2024 PERS Safety Fire PEPRA ER PR Batch 00001.08.2024 PERS Safety Fire PEPRA ER 6,043.99 PR Batch 00001.08.2024 PERS Safety Fire PEPRAPR Batch 00001.08.2024 PERS Safety Fire PEPRA 5,608.69 Total for this ACH Check for Vendor 3472: 56,060.91
ACH 4707 ICMA-WIRE 401(A) 08/09/2024
PR Batch 00001.08.2024 Def Comp 401(a) ICMAPR Batch 00001.08.2024 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
86053 3660 KPFA 08/09/2024
PR Batch 00001.08.2024 Professional Firefighters Asc. PR Batch 00001.08.2024 Professional Firefighters Asc. 680.00 Total for Check Number 86053: 680.00
86054 3525 Kingsburg Police KPOA 08/09/2024
PR Batch 00001.08.2024 KPOA Union Dues PR Batch 00001.08.2024 KPOA Union Dues 1,060.00 Total for Check Number 86054: 1,060.00
Total for 8/9/2024: 147,611.54
Report Total (71 checks): 949,146.58
AP Checks by Date - Detail by Check Date (8/14/2024 1:22 PM) Page 9
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY:
AGENDA ITEM: Fire – Authorize an Automatic Aid Agreement Between the City of Kingsburg and the City of Selma Fire Departments.
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
This is a standard and customary automatic aid agreement between the City of Kingsburg Fire Department and the City of Selma Fire Department. The Kingsburg Fire Department has had agreements with Fresno and Tulare County Fire Departments for over 20 years. It was recently recognized that aid between Kingsburg and Selma Fire Departments has been functioning under the Fresno County Agreement.
This agreement specifically defines the areas of service by geographical boundary, number of resources, liability, certification levels of providers, availability of like resources, levels of responsibility of command at emergency incidents and how those responsibilities are transferred in times of emergencies It further defines that automatic aid has no intended financial impact to either entity and shares the responsibility of the cost of mitigation through sharing of resources and personnel only. Mutual aid is also defined within the contract and has identical parameters for sharing personnel and resources with no financial impacts.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve an automatic aid agreement between the City of Kingsburg and City of Slema Fire Departments.
POLICY ALTERNATIVE(S)
1. The City Council could choose to not support the proposed agreement; however, this would require the fire department to request additional resources from the Slema Fire Department using state master mutual aid.
This will add additional time for the approval of each request and is not guaranteed.
STRATEGIC GOAL(S) MET:
1. Community Safety
FINANCIAL INFORMATION
Meeting Date: 08/21/2024
Agenda Item: 3
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
BACKGROUND INFORMATION
These agreements are usual and customary throughout the California Fire and Emergency Services.
These agreements have been in place for more than 25 years and the City of Kingsburg already has agreements with Tulare and Fresno County Fire. This Automatic Aid Agreement provides a valuable public safety service by providing rapid dispatch of the closest fire resource to life-threatening emergencies or fires where City of Kingsburg Fire Department resources are not the closest or are committed to another emergency incident. This agreement provides the necessary coverage to the city to possibly improve the provision of emergency services to the citizens of Kingsburg.
ATTACHED INFORMATION
1. Agreement for Automatic Aid Agreement Between the City of Kingsburg and the City of Selma Fire Departments.
AUTO AND MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF KINGSBURG
AND
CITY OF SELMA
Subj: FIRE & EMERGENCY SERVICES BETWEEN THE CITY OF KINGSBURG AND
THE CITY OF SELMA
1. Purpose. To establish an agreement of Fire Protection Services provided to and from each entity as described below. The City of Kingsburg and the City of Selma are collectively referred to herein as “the Parties” and singularly as “a Party.”
2. Background. The City of Kingsburg and City of Selma have never entered into a formal Auto and Mutual Aid agreement for fire protection services by the Kingsburg Fire Department (“KFD”) and the Selma Fire Department (“SFD”). The City of Kingsburg and City of Selma jurisdictions are in close proximity which allows for mutual response to emergencies by each Party when requested.
3. Scope. The Party with the Nearest Available Fire Unit/s shall furnish Fire Protection Services within the jurisdiction of the Party requesting such service pursuant to the following provisions:
a. That the specific details of providing the services under the terms as specified in this Agreement shall be determined by the respective Fire Chiefs of the Parties. It is understood that all plans which deal with Fire Protection Services shall adhere as closely as practical to the “Nearest Available Unit” concept which forms the basis for this Agreement. b. The territories covered by this Agreement (“Agreement Area”) are the city limits of City of Kingsburg and the city limits City of Selma.
c. The Responding Party shall respond with the unit/s requested, provided such unit(s) is/are available and closer to the reported incident than units of the requesting party. This Agreement is limited to fire resources assigned or otherwise located within the Agreement Area. d. The Responding Party is not obligated to furnish any Fire Protection Services if apparatus, equipment, personnel, or any combination thereof is not available as determined by the Responding Party’s Fire Chief or his/her designated representative. e. Both Parties agree to release the other Party’s resources at the earliest opportunity from any incident to which they respond.
f. Both Parties agree that any and all support provided under this Agreement must be in accordance with all governing laws and regulations.
Subj: FIRE & EMERGENCY SERVICES BETWEEN CITY OF KINGSBURG (KFD) AND
CITY OF SELMA (SFD)
2 4. Definitions. Unless the particular provision or context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words used in this Agreement.
a. “Nearest Available Fire Unit” shall mean the available fire apparatus of the appropriate type closest in dispatch and response time to the scene of the incident. Both Parties agree to continuously strive to minimize unnecessary response delays to ensure that the integrity of the nearest available fire unit deployment strategy is achieved and maintained. b. “Responding Party” shall mean any Party to this Agreement that receives a request for Fire Protection Services within the jurisdiction of the requesting Party. c. “Emergency Medical Service” shall mean basic life support service, not including paramedic service or ambulance service.
d. “Emergency Response” shall mean immediate response and use of red lights and siren by responding units.
e. “Fire Protection Services” shall mean firefighting capacity to contain, control, and extinguish fires; the mitigation of fire-related hazards; and emergency medical services. f. “Incident Commander” shall mean the person in overall command at the incident as defined in the National Incident Management System, California Vehicle Code Sections 2453 and 2454, or by such other Agreement or as provided by law.
g. “Mutual Aid” shall mean request of resources based on the needs determined by the managers of the incident and subject to authorization by the Responding Party for each request. h. “Auto Aid” shall mean the automatic or immediate response of predesignated resources not subject to authorization prior to responding.
5. Responsibilities.
a. Selma Fire Department will:
(1) Upon request and if available, respond with one fire unit as Auto Aid to emergency incidents (Emergency Medical and Fire Responses) within the City of Kingsburg as set forth in the Agreement. The responding fire unit(s) will include a minimum of two career staffed personnel.
(2) Any requests for assistance outside of the established Agreement Area or not identified herein, will be considered a Mutual Aid request and each request will be subject to authorization by the Responding Party, and will be based on availability rather than by the Nearest Available Fire Unit.
Subj: FIRE & EMERGENCY SERVICES BETWEEN CITY OF KINGSBURG (KFD) AND
CITY OF SELMA (SFD)
3 (3) Retain the right to claim such additional reimbursement from the property owner or responsible party as may be authorized by applicable law. b. Kingsburg Fire Department will:
(1) Upon request and if available, respond with one fire unit as Auto Aid to emergency incidents (Emergency Medical and Fire Responses) within the City of Selma as set forth in the Agreement Area. The responding fire unit(s) will include a minimum staffing level of two career staffed personnel.
(2) Any requests for assistance outside of the established Agreement Area or not identified herein, will be considered a Mutual Aid request and each request will be subject to authorization by the Responding Party, and will be based on availability rather than by the Nearest Available Fire Unit.
(3) Retain the right to claim such additional reimbursement from the property owner or responsible party as may be authorized by applicable law. c. Both Parties will ensure:
(1) Fire units responding either by Auto or Mutual Aid requests shall utilize the radio frequencies assigned by the requester’s dispatch center. (2) The first unit to arrive at the scene of the incident should initiate appropriate action.
The officer-in-charge of the first unit to arrive shall report to the Requesting Party all pertinent information about the conditions encountered at the scene of the incident. (3) The first arriving officer on-scene will be the Incident Command (IC) until relieved by an officer of the agency with jurisdictional responsibility or authority. All apparatus at the scene of an incident will be under the command of the IC on scene. The first arriving chief officer, regardless of jurisdiction, may assume command until relieved by a chief officer of the agency having jurisdictional responsibility. Every effort will be made to operate as a single attack force rather than as separate agencies.
(4) If an IC requires additional resources to augment the emergency response, he/she shall order them through the agency with jurisdictional authority for the incident. (5) The Incident Command System (ICS) shall be used on every incident.
6. Other Provisions.
a. Training. Conduct mutual training to assure employees are familiar with protocols and equipment utilized by the other Party.
b. Common Radio Communications. Work cooperatively to develop and maintain common radio communication protocols to assure adequate communication exists, while jointly responding Subj: FIRE & EMERGENCY SERVICES BETWEEN CITY OF KINGSBURG (KFD) AND
CITY OF SELMA (SFD)
4 to emergency incidents. In addition, work cooperatively and actively to deploy dispatching methods and Automatic Vehicle Location (AVL) tracking capabilities, if possible, to improve response times, reduce unnecessary delays, and provide for accountability. c. Notifications. When advised of an emergency incident within the other’s jurisdiction, make immediate notification of the incident to the jurisdictional agency. d. Protective Equipment, Tools and Equipment. Ensure that all personnel respond in and use properly maintained and serviced Personal Protective Equipment (PPE), firefighting rescue tools and equipment, specified by the sending Party’s policies and consistent with State and Federal Mandates.
e. Training Mandates. All personnel of either Party responding in the other Party’s jurisdiction will be trained and qualified consistent with State Training or Department of Defense, and Safety Mandates, including, but not limited to, those formulated by the California Division of Occupational Safety and Health, as well as other training including, but not limited to, Fire Apparatus Driver/Operator Professional Qualifications, Hazardous Materials First Responder Operations, First Responder Medical, CPR, and Confined Space Rescue Awareness. All personnel of either Party responding in the other Party’s jurisdiction shall be trained and qualified consistent with any applicable Federal Training and Safety Mandates. Personnel responding in the other Party’s jurisdiction for technical rescue, e.g., personnel responding to vehicle accident with confined space victim will meet or exceed State or Federal Mandated requirements for training and qualification for such rescues.
f. Nothing in this Agreement may be construed to obligate the City of Selma or City of Kingsburg to any current or future expenditure of money in advance of the availability of appropriations for such purposes.
g. Nothing in this Agreement may be construed to obligate the City of Kingsburg or the City of Selma to any current or future expenditure of money in advance of the approval of the Kingsburg or Selma City Councils or its authorized designee.
h. As part of the consideration supporting this Agreement, that each Party shall bear all risks and obligations for its own personnel as well as injury or damage to third parties that may arise while responding to the requesting Party’s incident in the same manner and to the same extent as if occurring within responding Party’s jurisdiction. Such duty shall include the duty to indemnify, defend, and hold the other Party harmless with respect to the negligence and intentional misconduct of the indemnifying Party and its personnel. The provisions of this Section 6.h. shall survive the termination of this Agreement.
7. Changes. Changes/amendments may be made to this Agreement by mutual written consent of both Parties as addenda to this Agreement.
8. Termination/Expiration. This Agreement may be terminated by mutual consent of both Parties. Either Party may terminate this agreement upon 60 days prior written notification to the Subj: FIRE & EMERGENCY SERVICES BETWEEN CITY OF KINGSBURG (KFD) AND
CITY OF SELMA (SFD)
5 other Party. This agreement will remain in effect for ten years after the effective date and will be reviewed triennially.
9. Effective Date. This Agreement will become effective on the date of the last signature.
10. Attorney Fees. Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the Parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California for any proceeding arising hereunder.
11. 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.
12. Successors and Assigns. Neither Party shall assign the rights, obligations or responsibilities under this Agreement without the prior written consent of the other Party, which consent can be withheld in the sole and absolute discretion of the other Party.
13. Parties Authority to Execute the Agreement. This Agreement has been approved by the governing body of each Party at a meeting duly called and lawfully held by the governing body of such Party. The persons executing this Agreement for such Party has been duly authorized by the governing body of that Party to execute this Agreement on behalf of that Party and to bind that Party to the terms and conditions of this Agreement.
14. Counterparts. This Agreement may be executed in multiple counterparts, (including copies sent to a Party by facsimile transmission or email transmission in PDF form), each of which shall be deemed an original, but all of which together, shall constitute one and the same instrument.
15. Governing Law. This Agreement and the provisions of this Agreement shall be governed by the laws of the State of California.
[Signatures on page to follow]
Subj: FIRE & EMERGENCY SERVICES BETWEEN CITY OF KINGSBURG (KFD) AND
CITY OF SELMA (SFD)
6 ___________________________________ ______________________________ Scott Robertson Date Brandon Pursell Jr. Date
Mayor, City of Selma Mayor, City of Kingsburg
_____________________________ ______________________________ Fernando Santillan Date Alexander Henderson Date
City Manager, City of Selma City Manager, City of Kingsburg
___________________________________ ______________________________ Jordan Webster Date John Binaski Date
Selma Fire Chief Kingsburg Fire Chief
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: AJ O’Connell, MCP, CBO, CCEA – Building Official REVIEWED BY: AJH AGENDA ITEM: Ordinance Adding Chapter 15.10 to Title 15 of the Kingsburg Municipal Code Establishing a Streamline Permitting Process for Electric Vehicle Charging Stations ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
In 2015, the State of California adopted Assembly Bill 1236 (Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, and streamlined permitting process for electric vehicle charging stations.
An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.
This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Municipal Code. Government Code Section 65850.7 requires that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.
Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station upon the approval of a common interest development management association as defined in California Civil Code, Section 4080.
Most of the procedures, such as electronic submittal of plans, are already in place within the City Building Division and comply with the requirements of the Assembly Bill. Adoption of this Ordinance brings the City into compliance with the Assembly Bill and will result in little or no change to existing process.
RECOMMENDED ACTION BY CITY COUNCIL
1. Introduce Ordinance No. 2024-04 which sets forth an expedited, streamlined permitting process for electric vehicle charging stations and waive the first reading of the ordinance.
POLICY ALTERNATIVE(S)
1. Council may propose amendments to the proposed Ordinance.
Meeting Date: 08/21/2024
Agenda Item: 4
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Community Engagement
FINANCIAL INFORMATION
There is no immediate financial impact or budget action necessary as a result of the recommended action.
ATTACHED INFORMATION
1. Ordinance No. 2024-04
2. Draft Permitting Checklist
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
1 ORDINANCE NO. 2024-04
AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15
TO THE KINGSBURG MUNICIPAL CODE ESTABLISHING PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR THE INSTALLATION OF ELECTRIC
VEHICLE CHARGING SYSTEMS
The City Council of the City of Kingsburg does hereby ordain as follows:
Section 1. The State of California and the City of Kingsburg has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and Section 2. The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
Section 3. The creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles.
Section 4. Chapter 15.10 Electric Vehicle Charging Stations is added to Title 15 of the Kingsburg Municipal Code as follows:
Chapter 15.10.010 Purpose
The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited and streamlined permitting process the installation of electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts from the installation and use of such charging stations.
Chapter 15.10.020 Definitions
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as amended from time to time and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application filed with the City of Kingsburg for installation of a electric vehicle charging station was deemed complete.
C. “Electronic submittal” means the utilization of one or more of the following:
1. Electronic mail or email.
2. The internet.
2 3. Facsimile.
D. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” means, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county or city and county on another similarly situated application in a prior successful application for a permit.
Chapter 15.10.030 Expedited Permitting Process
Consistent with the goals and intent of Government Code Section 65850.7, the City hereby implements an expedited, streamlined permitting process for electric vehicle charging stations, and adopts a checklist of all requirements with which electric vehicle charging stations shall comply with to be eligible for expedited review. The expedited and streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The adopted checklist shall be published on the City’s website.
Chapter 15.10.040 Permit Application Processing
A. Any person wishing to install an electric vehicle charging station shall file an application, in the form provided by the City, for a permit to install an electric vehicle charging station. A completed city Checklist for Permitting Electric Vehicle Service Equipment (“checklist”) shall accompany the application.
B. An application that provides the information required by the City’s adopted checklist shall be deemed complete and be promptly processed. If the Building Official determines the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, in accordance with Government Code Section 65850.7, approve the application and issue all necessary permits for installation of the electric vehicle charging station identified in the application. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City Building Division. C. The review of an application to install an electric vehicle charging station shall be limited to the Building Official's review of whether the application meets all health and safety requirements of local, state, and federal law and the provisions of this chapter. However, if the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the Building Official may require the applicant to apply for a conditional use permit in accordance of with the provisions of 3 Section 17.68 of Title 17 of the Kingsburg municipal code.
D. The Building Official may not deny a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Any decision by the Building official may be appealed to the city’s planning commission in accordance with the provisions of section17.80.060 of the municipal code.
E. In accordance with Government Code Section 65850.7, the City shall allow electronic submittal of permit applications covered by this Ordinance and associated supporting documentations for installation of electric vehicle charging stations. In accepting such applications, the City shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
The Building Official shall not condition the approval for any application for a electric vehicle charging station on the approval of such a system by a common interest development management association, as that term is defined by California Civil Code Section 4080.
Add Chapter 15.10.050 Electric Vehicle Charging Station Installation Requirements A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
4 Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Kingsburg hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid by a court of competent jurisdiction.
Section 6. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after adoption.
Section 7. Within fifteen (15) days after adoption of this ordinance, a summary of this ordinance shall be published with the names of the City Council members voting for and against the same, once in a local newspaper of general circulation in the City of Kingsburg, County of Fresno, State of California.
Passed and adopted by a regular meeting of the City Council of the City of Kingsburg, duly called and held on the _____ day of ____ 2024, by the following vote:
Ayes: Council Member(s):
Noes: Council Member(s):
Absent: Council Member(s):
Abstain: Council Member(s):
APPROVED:
Brandon Pursell, Jr., Mayor
ATTEST:
Abigail Palsgaard, City Clerk
5 STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF KINGSBURG )
I, Abigail Palsgaard, City Clerk of the City of Kingsburg do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Kingsburg on the ____ day of _____, 2024, and it was duly passed and adopted at a regular meeting of said City Council held on the ______ day of ____, 2024.
DATED: , 2024
Abigail Palsgaard, City Clerk
RESIDENTIAL AND NON-RESIDENTIAL CHECKLIST FOR PERMITTING ELECTRIC VEHICLES
AND ELECTRIC VEHICLE SERVICE EQUIPMENT (EVSE)
Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the Building Permit Application. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.
Upon this checklist being deemed complete, a permit shall be issued to the applicant. However, if it is determined that the installation might have specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.
This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Officer of Planning and Research “Zero Emission Vehicles in California:
Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.
Job Address: Permit No.
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi-Businesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVSE to be Installed:
Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____ Description of Work:
Applicant Name:
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
(559) 897-5328
Holly Owen
Community Development
Director
AJ O’Connell
Building Official
Alexander J. Henderson
City Manager
Applicant Phone & email:
Contractor Name: License Number & Type:
Contractor Phone & email:
Owner Name:
Owner Phone & email:
EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C. (or verify with Inspector in field)
Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
• Connected Load of Existing Panel Supplying EVSE = __________ Amps • Calculated Load of Existing Panel Supplying EVSE = __________ Amps • Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps (Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil - or - : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or kcmil
(or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verification may require further substantiation of information.
Signature of Permit Applicant: ______________________________________________________________________________ Print Name of Permit Applicant: ____________________________________________________________________________ Date: ________________________
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Alexander J. Henderson, ICMA-CM REVIEWED BY: CW AGENDA ITEM: UnWired Broadband Lease Discussion - Update ACTION REQUESTED: ___Ordinance ___Resolution _ Motion ___Receive/File
EXECUTIVE SUMMARY
The Finance Committee discussed this item during their April 1 and May 7 meetings. The issue originally stemmed from an agreement (dating back to 2009) between the City and UnWired for use of space on the city’s Coffee Pot Water Tower, located in Downtown Kingsburg. The lease expired at the end of March 2024 and the parties have been operating on a month to month basis.
Initially, UnWired provided pro-forma language that did not have favorable terms to the City. The Finance Committee directed staff to negotiate more appropriate terms and conditions. On April 19, staff met with a representative from UnWired to present our position. Attached is an updated document that identifies our established concerns and UnWired’s response. The majority of the former language was restored.
With regards to rent, they have asked to keep rent and utilities separate due to their accounting/legal preference. They are proposing to increase rent to $914.51, with a 2.5% annual escalator.
Separately, they are proposing to increase utilities to $200/mo, with a true-up each year. If the amount of utility fees is more than $200/mo., they will provide the difference. If it is less, the amount will remain $200/mo.
On May 7, the Finance Committee authorized staff to move forward with finalizing the lease terms for full City Council consideration. The city attorney’s office has drafted lease terms and we have received final acceptance from UnWired. As such, 1. Staff recommends City Council approval of a new lease agreement with UnWired Broadband, Inc., as prepared by the City Attorney.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends City Council approval of a new lease agreement with UnWired Broadband, Inc., as prepared by the City Attorney.
POLICY ALTERNATIVE(S)
1. NA
REASON FOR RECOMMENDATION/KEY METRIC
1. Financial Stability
2. Preserve the Kingsburg Experience
Meeting Date: 08/21/2024
Agenda Item: 5
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The Finance Committee discussed this item during their April 1, 2024 meeting. The Committee directed staff to negotiate more appropriate terms and conditions. On May 7, the Finance Committee authorized staff to move forward with finalizing the lease terms for full City Council consideration.
BACKGROUND INFORMATION
In 2009, the city executed an communications site lease agreement with UnWired Broadband, Inc. to lease space on the city’s real property, specifically the Downtown Park and use of the water tower. In 2018, the city extended the lease with additional provisions regarding total rent and total pieces of equipment to be placed on the tower. A single amendment was added in 2020 authorizing additional pieces of equipment.
The 2018 lease, including the one 3-year extension, is set to expire on March 31, 2024. The parties, aware of this deadline, have been engaged in conversations regarding the lease renewal. Specifically, unWired is requesting an extension of the existing lease, including new agreement language that has been presented. The city attorney’s office has evaluated the substantive changes proposed, included as a memo included in your supplemental materials.
As you will note, none of the substantive changes identified in the Memorandum benefits the City. There is, however, a slight increase in proposed rent due to the City.
Staff would like to discuss the following with the Finance Committee:
1. If the Committee desires to continue the lease. With annual escalation, unWired currently pays $964.51 monthly ($11,574.12 annually), and is current with their payments. - Because of the visual nature of our water tower, we do occasionally get complaints about telecommunication equipment causing clutter and reducing the aesthetic appeal.
2. If there is a desire to continue a lease, staff proposes the following:
- Limit the terms to less than 5 year auto-renewals, and reduce the 365 day notice for termination/renewal notice.
- Negotiate a new, more competitive flat rate that encompasses both rent and utility payments. - Remove language obligating the city to dedicated circuits and a backup power source. - Continue to limit the number of pieces of equipment allowed on the structure, as opposed to their desire to simply compensate the city for new additions or reduce payment for less equipment. Staff recommends a flat rate with annual CPI adjustments. - Address removal of property rights of the city, including language that requires compensation for any loss of business/relocation based upon activities on the premises. - Address removal of necessary indemnity language in new proposal. - Other requirements as recommended by city staff and city counsel.
Staff recommends that if there is direction to move forward with a lease renewal, the proposed final terms be returned to the Finance Committee for final review and recommendation to the full City Council.
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 001 – GF Revenue
ATTACHMENTS
1. Proposed Amended Lease with UnWired Broadband, Inc
2. UnWired Lease – 2018
3. UnWired Lease – 1st Amendment (2020)
4. UnWired Lease - 2009
2024-08-14
P a g e 1 | 12
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease" or "Agreement") is entered into as of the latter signature date hereof ("Effective Date") by and between unWired Broadband, LLC., a California Limited Liability Company ("Lessee") and City of Kingsburg, a Charter City ("Lessor"), (collectively the "Parties", or individually a "Party").
1. Premises: Lessor leases the real property located in Kingsburg, Fresno County, California, legally described in Exhibit "A" attached hereto and made a part hereof and having Assessor's Parcel Number 396-092-09T and commonly known as Downtown Park at 1461 Smith Street (address), coordinates 36.5146, -119.55146 (''Lessor's Property"). Subject to the terms and conditions outlined in this Lease, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, a portion of the Water Tower as depicted on Exhibit "B" attached hereto and made a part hereof ("Premises").
2. Use: The Premises may be used by Lessee for the installation and operation of Lessee’s antennas currently located on the Premises and described on Exhibit “B” which is attached hereto and made a part hereof (collectively “Lessee’s Facilities”) Lessee agrees it will use and operate Lessee’s Facilities only for the purpose of providing mobile/wireless communications services, including the transmission and the reception of radio communication signals.
Lessee’s use of the Premises shall be strictly in compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances. Lessee shall not use the Premises for any other purpose.
3. Term: Except as otherwise agreed in writing via Amendment, the initial term of this Lease ("Term") shall be five (5) years commencing on April 01, 2024 ("Commencement Date") and ending at midnight, Pacific Time on March 31, 2029. The Term shall automatically extend for (1) renewal period of three (3) years unless either Party provides written notice to the other of its election not to renew the Term, at least One Hundred Eighty (180) days prior to the end of the current Term. The renewal term shall be the same terms and conditions of this Lease.
This Lease shall continue on a month-to-month basis with either Party having the right to terminate this Lease with one hundred eighty (180) days prior written notice in the event of a holdover by Lessee on the same terms and conditions as outlined in this Lease. **renewal and termination was changed as requested however, the timeframe was modified to reflect the amount of time needed to vacate premises.
4. Rent and Security Deposit:
a. Upon the Commencement Date, Lessee shall pay Lessor, the sum of nine hundred and fourteen dollars and fifty-one cents ($914.51) ("Rent") per month, which shall be considered compensation for the installation of up to (twenty-three) (23) radio transmitting and receiving antennae and associated cable, wiring, equipment upon Water Tower and equipment rack within the structure at the location. Rent shall be payable on the 1st day of each month, no later than the 10th day of each month, to Lessor at Lessor's address specified in Paragraph 17 of this Lease. Rent shall be increased by two and a half 2024-08-14
P a g e 2 | 12
percent (2.5%) on the anniversary of each year that this Lease remains in effect, commencing on April 01, 2025.
b. Lessor acknowledges receipt from Lessee of a security deposit in the amount of Four Hundred Dollars ($400.00). If Lessee is in default of this Lease, Lessor can use the security deposit, or any portion of it, to cure the default or to compensate Landlord for all costs and damages sustained by Landlord resulting from Lessee's default. Lessee shall immediately on demand, pay to Lessor a sum equal to the portion of the security deposit expended or applied by Lessor as provided in this paragraph so as to maintain the security deposit in the sum initially deposited with Lessor. If Lessee is not in default at the expiration or termination of this Lease, Landlord shall return the security deposit to Lessee.
5. Electrical Power: If the Lessor is using backup power, the circuit breaker shall be provided from the same back up power source. Lessee shall pay Lessor Two Hundred Dollars ($200.00) per month for utility costs associated with Lessee's use of the Premises.
6. Improvements & Access:
a. Lessee has the right to maintain, repair and operate Lessee’s Facilities on the Premises. b. Lessee and Lessee’s employees, contractors and subcontractors shall have non-exclusive access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Lessee to the extent required to maintain, repair, and operate Lessee’s Facilities on the Premises. Lessee’s exercise of such access shall not interfere with Lessor’s use of the Water Tower. Lessee acknowledges and agrees that no term or condition of this Lease or Lesse’s exercise of its right under this Lease, shall in any way interfere with or prohibit Lessor’s continual use, operation, maintenance, or repair of the Water Tower. c. Subject to the prior written approval of Lessor, Lessee shall have the right to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Subject to Lessor’s prior written approval of the location, which approval shall not be unreasonably withheld, Lessee shall have the right at Lessee’s sole cost and expense, to place utilities under Lessor’s Property (collectively “Underground Utilities”) in order to service the Premises and Lessee’s Facilities. Upon Lessee’s request, Lessor shall execute licenses, in a form acceptable to Lessor evidencing this right. The license shall identify the type and location of the Underground Utilities, which shall be subject to Lessor’s prior written approval. d. Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation, and maintenance of Lessee’s Facilities.
e. Lessee shall remove all Lessee’s Facilities including, without limitation, all Underground Utilities at its sole expense within 30 calendar days after the cancellation, expiration or early termination of this Lease. Lessee shall repair any damage to the Premises and Lessor’s Property caused by such removal and return the Premises to the condition which existed on the Commencement Date, reasonable wear and tear and damages beyond the control or without the fault or negligence of Lessee excepted. 2024-08-14
P a g e 3 | 12
f. Lessee will not permit any mechanic’s or materialmen’s or other liens to be recorded against title to the Lessor’s Property for any labor or material furnished Lessee in connection with work performed on Lessor’s Property or the Premises, including without limitation the installation, operation, use, maintenance or repair of Lessee’s Facilities. If for any reason, a valid lien is recoded against title to Lessor’s Property or the Premises, Lessee shall within ten (10) days of the date of recordation of any such lien, pay the amount of such lien along with all costs, fees, and charges, in order to release such lien.
Lessee shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all costs and charges and shall have the lien released as its own expense. If Lessee desires to contest any such lien, then prior to commencing such contest, it will post a bond at its sole cost and expense, to release the lien and the lien holder must record a release of the lien.
7. Interference with Communications: Lessee’s Facilities shall not disturb or interfere with the communications configurations, equipment and frequency that exist on Lessor’s Property on the date of this Lease (“Pre-existing Communications”). Specifically, Lessee acknowledges that the equipment located at or on Lessor’s Property or Premises on the Commencement Date, which was installed by other carriers or Lessor, may cause interference to Lessee and are Pre-existing Communications. Additionally, Lessee’s Facilities shall comply with all noninterference rules of the Federal Communications Commission (“FCC”). Except for the Preexisting Communications and except for the uses of Lessor’s Property and the Premises by Lessor, Lessor shall not knowingly permit the use of or any activity upon any portion of Lessor’s Property which materially interferes with communications operations of Lessee’s Facilities. Notwithstanding the foregoing, Pre-existing Communications operating in the same manner as on the date of this Lease shall not be deemed interference. Lessee shall not add to or increase the Lessee Facilities currently attached to the Premises or expand or increase the spectrum or frequency of Lessee’s Facilities currently attached to the Premises without prior written consent of Lessor, which consent may be withheld at the sole discretion of Lessor.
8. Taxes: Lessee shall pay directly to any taxing agency, before delinquency, any taxes, including without limitation, personal property taxes, and possessory interest taxes that may be attributable to Lessee’s Facilities, Lessor’s Property and Premises. Lessee acknowledges and agrees that Lessee’s leasing of the Premises could result in the assessment of a possessory interest tax which Lessee agrees to pay. If any such tax is paid by Lessor, Lessee shall reimburse Lessor for the amount of any such tax payment within (60) days of receipt of sufficient documentation indicating the amount paid and the calculation of Lessee’s share thereof. Lessee shall not be responsible for any interest, penalty or late charges caused by Lessor’s failure to pay real estate taxes payable by Lessor in a timely manner. Upon written request by Lessee, Lessor shall furnish Lessee with evidence of payment of all taxes and Lessee will provide Lessor with evidence of payment of taxes. Lessee may, in connection with providing protection against the filing of tax liens against Lessor’s Property or the Premises, 2024-08-14
P a g e 4 | 12
as required by applicable law, contest in good faith the legality or validity of any taxes attributable to the Premises or Lessee’s Facilities.
9. Termination: This Lease may be terminated on thirty (30) days prior written notice: (i) by a party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default; or (ii) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of channels or change in frequencies. In addition to the remedies described in this paragraph 9, in the event of default by Lessee, Lessor has all remedies available at law or in equity, including without limitation, the remedy described in California Civil Code Section 1951.4 (Lessor may continue to lease in effect after Lessee’s breach and abandonment and recover rent as it becomes due. If this Lease is terminated for any reason other than Lessee’s breach Lessee will be entitled to a refund of the unearned portion of the monthly rental installment for the then-current month.
10. Damage to or Destruction of Premises:
a. If the Premises or the Water Tower are damaged or destroyed by fire or other casualty, Lessor may terminate this Lease upon written notice to Lessee. In such case, Lessor will refund to Lessee the unearned rent for the then-current month if Lessee or its officers, directors, shareholders, agents, contractors, employees, or equipment are not the cause of the fire or other casualty. Lessor may elect to repair or construct the Premises and continue this Lease in effect, in which event the monthly rent paid by Lessee shall be reduced for the part of the Premises of which Lessee is deprived; Lessee shall pay the full rental amounts required once the Premises are repaired and Lessee's ability to utilize the Premises as provided in this Lease is restored.
b. Lessor shall not be responsible for or liable to Lessee for any damages, direct, incidental, consequential, or otherwise, that Lessee may suffer as a result of damage to or destruction of the Premises or the Water Tower.
10. Insurance:
a. Lessee shall maintain throughout the Term and any extension thereof the following insurance: (1) Commercial General Liability with limits of $2,000,000.00 per occurrence, covering any act or omission to act of Lessee and any of Lessee’s officers, directors, shareholders, agents, contractors or employees and the use, operation, repair or maintenance of Lessee’s Facilities and the use of the Premises or Lessor’s Property (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. All insurance carried by Lessee shall be primary and non-contributory and Lessor and its officials, officers, employees, and agents shall be named as an additional insured. Lessee’s policies shall state that they may not be modified or cancelled without at least fifteen (15) calendar days prior written notification to Lessor. Prior to commencement of the Term, Lessee shall provide Lessor with certificates of insurance establishing that all 2024-08-14
P a g e 5 | 12
insurance be procured by Lessee in accordance with the provisions of the Paragraph 10 is in full force and effect for the Term of this Lease.
b. Lessee’s Indemnity. Except as otherwise provided in this Agreement, Lessee shall indemnity, defend, and hold Lessor, its officials, officers, employees, agents, successors and assigns harmless from and against any and all loss, cost, claim, liability, action, damage, expense or injury (including reasonable attorney’s fees) (collectively “Claims”): (i) caused by Lessee or Lessee’s officers, directors, shareholders, contractors, employees, agents, or equipment while on the Lessor’s Property or the Premises: (ii) suffered by any person or entity and which are cause in the whole or in part by any acts or omissions of the Lessee or any of Lessee’s officers, directors, shareholders, contractors, employees, agents, equipment or Lessee’s Facilities; (iii) suffered by any person or entity as a result of the equipment or Lessee’s Facilities installed and/or constructed on the Lessor’s Property or the Premises by Lessee or any of Lessee's officers, directors, shareholders, contractors, employees, or agents; (iv) suffered by any person or entity as a result of the breach or default by Lessee or any of Lessee’s directors, shareholders, agents, contractors or employees of any provision of this Lease, including without limitation, the provisions of paragraph 17 of this Lease. Lessee’s duty to indemnify will not apply to Claims arising out of the gross negligence or willful misconduct of Lessor or any violation of law by Lessor or their agents or contractors. c. Survival. The foregoing indemnity will survive the termination, cancellation, or expiration of this Lease.
11. Condemnation: If a condemning authority takes all of Lessor's Property or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each Party shall be entitled to make a claim against the condemning authority for just compensation (which for Lessee shall include, the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the Lease, and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as taking by a condemning authority. Any award for the taking of all or any part of the Premises under condemnation or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for the diminution in value of the leasehold, for taking the property owned by Lessor, or as severance damages; provided, however, Lessee shall be entitled to any award for loss of or damage to Lessee's equipment, trade fixtures, and other personal property. Notwithstanding any provision hereof to the contrary, Lessee shall have the right to assert with the condemning authority an independent claim for the value of its leasehold interest and its improvements to the Premises.
12. Assignment: Lessee may not assign this Lease or sublet the Premises to any person or entity without the express prior written consent or Lessor, which consent shall not be unreasonably withheld. Any assignment or subletting approved by Lessor shall not, in any manner, release or relieve Lessee of its obligations and responsibilities under this Lease. Any attempted 2024-08-14
P a g e 6 | 12
assignment or subletting of the Premises without the express prior written consent of Lessor shall be void and shall constitute a material breach of this Lease by Lessee. Lessor may assign this Lease at any time upon notice to Lessee.
13. Title: The Lessor warrants that it has full right, power, and authority to execute this Lease as a Lessor. Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to Lessor.
14. Quiet Enjoyment and Unlawful Activity: Lessor, lessee, and any affiliates shall not engage in acts of violence or threats of violence, including but not limited to, commit waste or nuisance, annoy, molest, harass, or interfere with anyone on Lessor’s Property or the Premises.
Violations of any of the above provisions shall be a violation of the Lease Agreement and good cause for immediate termination of the Lease. So long as Lessee is not in breach of this Lease beyond the applicable cure period, Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the Term of this Lease or any extension of the Term.
15. Repairs: Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, its employees, agents, contractors, or subcontractors.
16. Environmental: Lessor represents that to Lessor’s actual knowledge, neither Lessor’s Property nor the Premises have been used for the generation, storage, treatment or disposal of hazardous material, hazardous substances, hazardous wastes. In addition, Lessor represents that to Lessor’s actual knowledge, no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated byphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on Lessor’s Property or the Premises. All references to Lessor’s actual knowledge shall mean and refer to the current, actual (as distinguished from implied, imputed, or constructive) knowledge of Alexander J. Henderson in his capacity as City Manager of Lessor, without duty of inquiry or investigation. The knowledge of any other person or entity shall not be deemed to constitute the constrictive knowledge of Lessor or otherwise be imputed to Lessor. The above-named individual, shall not, under any circumstances, have any personal liability of any kind whatsoever on account thereof, and any claims, demands, causes of action, losses, liabilities, damages, costs, or expenses arising out of or resulting from any actual or alleged breach by Lessor of any of the aforesaid representations shall only be asserted against and satisfied out of the assets of Lessor.
Lessee shall not bring any hazardous materials as defined in this paragraph 17 onto Lessor’s Property. Lessee shall not bring any hazardous materials as defined in this paragraph 17 onto the Premises except for those contained in its back-up power batteries (lead-acid batteries) and materials commonly used in similar telecommunications operations. Lessee and its 2024-08-14
P a g e 7 | 12
contractors shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations (collectively “Hazardous Materials Laws”) relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation, “petroleum products”, “hazardous substances”, “hazardous waste”, “hazardous materials”, or “toxic substances” (collectively “Hazardous Materials”). Lessee shall at all its own cost, procure and maintain in effect during the entire term of this Lease or any extension thereof, and comply with all conditions of any all permits, licenses or governmental and regulatory approvals required for Lesse’s use, disposal or transportation of the Hazardous Materials on or from the Premises. Lessee shall in all respects use, handle, treat, deal and manage any all Hazardous Materials in, on, under or about the Premises and Lessor’s Property in total conformity with all Hazardous Materials Laws and pursuant to prudent industry practices. Upon expiration or earlier termination of the Term of this Lease or any extension thereof, Lessee shall cause all Hazardous Materials to be removed from the Premises and Lessor’s Property and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws.
17. Miscellaneous:
a. If any provision of the Lease is invalid or unenforceable with respect to any Party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. b. This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective Parties subject to the terms of this Lease. c. All notices under this Agreement shall be in writing and shall be given by personal delivery; or by registered or certified U.S. mail, postage prepaid, return receipt requested; or by email; or by facsimile if transmitted by a machine that produces a transmission report verifying the date and time of; or by overnight delivery service that issues a receipt and addressed to the appropriate Party at the address set forth below. Notice given: (a) by personal delivery will be effective upon delivery or refusal of delivery, whichever is earlier; (b) by mail will be effective upon receipt or three (3) calendar days after the postmark date, whichever is earlier; (c) by facsimile will be effective on the date shown on the transmission receipt; (d) by email will be effective the next business day; and (e) by overnight service will be effective upon delivery or refusal of delivery, whichever is earlier. To be effective, the consent, denial, or response for all requests must be provided within 3 business days.
Lessor: City of Kingsburg, a Charter City
1401 Draper Street
Kingsburg, CA 93631
Phone: 559-852-0065
Email: [email protected]
POC: Daniel Galvez
2024-08-14
P a g e 8 | 12
Lessee: unWired Broadband, LLC
215 W Fallbrook Ave Suite 203
Fresno, CA 93711
Phone: (559) 421-9278
Fax: (559) 261-4445
Email: [email protected]
POC : Ravipal Singh
For payment inquiries:
unWired Accounts Payable Department
[email protected]
The Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other Party.
d. This Lease shall be governed under the laws of the State of California. The Parties agree that the property venue for any lawsuit involving this Lease shall be the Fresno County Superior Court, if in state court, or the United States District Court, Eastern District of California, if in federal court. The prevailing Party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees, litigation expenses, and court costs, including appeals if any. e. This Agreement may be executed by original, facsimile, or electronic signatures (complying with the U.S. Federal ESIGN Act of 2000, 15 U.S.C. 96) and in any number of counterparts which shall be considered one instrument.
Counterparts signed facsimiles and electronic copies of this Agreement shall legally bind Lessor and Lessee to the same extent as the original documents.
18. Entire Agreement: This Agreement which includes all attachments referred to above, constitutes the entire Agreement between the Parties and cannot be modified unless all Parties come to a mutual agreement and submit said agreement in writing, signed by all Parties. Neither Party has made any representations or promises other than those set forth herein. By signing below, both Parties also agree that any prior agreement signed by Lessor and Lessee pertaining to Kingsburg Water Tower shall be null and void and superseded by this Agreement.
Signatures on the following page.
2024-08-14
P a g e 9 | 12
IN WITNESS WHEREOF, the Parties have executed this Lease as of the latter date written below.
LESSEE:
unWired Broadband, LLC
a California Limited Liability Company
By: _______________________________
PETER L. SORENSEN, President
Dated: ______________________
LESSOR:
City of Kingsburg, a Charter City
By: _______________________________
ALEXANDER J. HENDERSON, City
Manager
Dated: ______________________
2024-08-14
P a g e 10 | 12
Approver Initials ___________
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
Lessor's property of which Premises are a part is legally described as follows:
Downtown Park Water Tower at 1461 Smith Street Kingsburg, CA Assessor's Parcel Number: (396-092-09T)
2024-08-14
P a g e 11 | 12
EXHIBIT B
DESCRIPTION OF PREMISES
(Water Tower Depicting Currently Installed Antennae)
EXHIBIT B
2024-08-14
P a g e 12 | 12
DESCRIPTION OF PREMISES
The location of the Premises upon Lessor’s Property with access, ingress, egress and utilities are more particularly described or depicted as follows:
1. Space on the Water Tower for Placement of up to twenty-three (23) radio transmitting and receiving antenna and interior/exterior space for equipment cabinet in a location reasonably satisfactory to Lessor and Lessee.
2. Licenses necessary to supply adequate power, telephone and grounding of the equipment and access to and from Lessee’s Facilities from the nearest public of right-of-way.
A final drawing or copy of Lessor’s Property survey or site plan depicting the above shall be initial by Lessor and lessee and will replace this Exhibit B.
Notes:
1. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee.
2. Setback of the Premises from the Lessor’s Property boundaries shall be the distance required by the applicable governmental authorities.
3. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers mounting positions may very slightly from what is shown above.
2020-10-26
City Revisions
@wrR= UBI Site Name: Kingsburg Water Tower
FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (this "Amendment") is entered intoonthis_dayof October,2020, byand between Gityof Kingsburg, aCharterCity ("@I"), and UNWIRED BROADBAND, lNC., a California corporation (" Lessee").
RECITALS
WHEREAS, Lessor and Lessee are parties to that certain Communications Site Lease Agreement dated April 1, 2018 (the "Communications Site Lease Aqreement"), whereby Lessor leases to Lessee the Premises identified in the Communications Site Lease Agreement for the installation and opemtion of certain communications equipment as identified in the Communications Site Lease Agreement; WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Communications Site Lease Agreement as set forth below.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged; Lessor and Lessee agrees as follows. ! Equipment Modification. The descriptions and specifications of Lessee's equipment set forth in the Communications Site Lease Agreement (including, without limitation, the descriptions and specifications of Lessee's equipment set forth in any schedules, exhibits or attachments to the Communications Site Lease Agreement) are hereby amended with the additional equipment and specifications set forth in Exhibit B-1-1 attached hereto and incorporated herein
2, Monthlv Pavments. Lessee's current monthly rent, license fee or other reoccuning monthly payment under the Communications Site Lease Agreement shall increase by One Hundred and Thifty{ive/100 Dollars ($135.00) per month beginning November 1,2020. Thereafter, Lessee's monthly rent, license fee or other reoccurring monthly payment shall continue to escalate as presently required under the Communications Site Lease Agreement.
3. Remittance Address. Lessor's remittance address under the Communications Site Lease Agreement is hereby amended to the following (or if the Communications Site Lease Aqreement does not provide a remittance address for r Lessor, the following remittance address is hereby added thereto as Lessor's remittance address for payments due under the Communications Site Lease Aqreement):
City of Kingsburg Attention: Director of Finance
1401 Draper Street Kingsburg, CA 93631
Tax lD#;
4. Other Terms and Conditions Remain. ln the event of any inconsistencies between the Communications Site Lease Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Communications Site Lease Agreement is unmodified and remains in full force and effect. Each reference in the Communications Site Lease Agreement to itself shall be deemed to also refer to this Amendment.
5. Capitalized Terms. All capitalized terms used herein but not defined shall have the same meanings ascribed to such terms in the Communications Site Lease Agreement. @wr RED
UBI Site Name: Kingsburg Water Tower
6. Bindinq Effect. Subject to the provisions of Section 13 of the Communications Site Lease Agreement, this Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
7. Authoritv. Lessor and Lessee represent and warrant to one another that the person signing this Amendment on their respective behalves is duly authorized to do so and that this Amendment, as so executed, constitutes a legal, valid and binding obligation of the parties hereto, lN WITNESS WHEREOF, Lessor and Lessee have caused their properly authorized representatives to execute this Amendment on the dates set forth below, and this Amendment shall be effective as of the date firct set forth above.
Owner:
City of Kin
a Charter
By
Name: Alexande
Title: City Man
Date: October
User:
UNWIRED BROADBAND, INC.
a Cal rporation
By:-
Name: Peter Sorensen
Title: President
Date: October 27,2020
F:\WORD\l l\l I 14l.I l5\Kingsburg Water Tower Fi6t Amendment City Revisions 2020-10-26.dwx f9,
n
2 Hen
er
,202
1. 2.
3. Exhibit B-1-1
(3) Cambium 450m 3.6GHz Medusa Radios w/lntegrated Antennas (3) CAT5 ethernet feed lines - Management
(3)48VDC Power feed lines - Power
3 CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: AJ O’Connell, MCP, CBO, CCEA – Building Official REVIEWED BY:
AGENDA ITEM: Q1 & Q2 Calendar Year 2024 Code Enforcement Update ACTION REQUESTED: ____Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
In Q1 and Q2 of the 2024 Calendar Year, the Code Enforcement division engaged in robust and extensive enforcement actions throughout the community. Attached are detailed analytics and analysis of Code Enforcement efforts during this time period.
A summary of the key data points is as follows:
• 338 separate cases were generated in Q1/Q2-24, which is a 26% increase in cases generated compared to Q1/Q2-23. March and Jun saw the highest numbers of cases generated in Q1/Q2-24. • Cases generated proactively by Code Enforcement staff represented 66% of the cases generated in Q1/Q2-
24. In Q1/Q2-23, this number was 56%. Proactively generated cases increased by nearly 50% year-over-year while Reactive cases saw a marginal decrease. Utilization of the Report a Concern portal on the City website accounted for nearly 47% of the cases generated Reactively, with total usage of the portal increasing by 38% from Q1/Q2-23.
• General Property Maintenance issues represented more than 1/3 of the cases generated in Q1/Q2-24, followed by Debris on Property. In Q1/Q2-23, Alley Maintenance represented the highest ratio of cases generated. The largest percentage increases in violations from Q1/Q2-23 to Q1/Q2-24 were Water Use Violations and Temporary Carports.
• Of the 338 cases generated in Q1/Q2-24, 95% have already been resolved. Of the Q1/Q2-24 cases generated, Code Enforcement staff has conducted 801 inspections.
• Code Enforcement staff conducted a total of 930 inspections in Q1/Q2-24. This represents a more than 130% increase compared to Q1/Q2-23. March 2024 was the busiest month for inspections with 194 performed. • Of the 930 inspections performed in Q1/Q2-24, the Fail rate was 64%. The Fail rate in Q1/Q2-23 was 64%. • 237 Courtesy Notices were issued for code violations in Q1/Q2-24. A total of 183 were issued in Q1/Q2-23. • 22 Administrative Citations were issued in Q1/Q2-24 with a total assessed value of $9,625. The Code Enforcement division collected $2,242.50 of that assessed represented a recovery rate of 23%. This is a 1% decrease in revenue collection from Q1/Q2-23.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends the Mayor and City Council receive and file the Q1 and Q2 Calendar Year 2024 Code Enforcement Update.
POLICY ALTERNATIVE(S)
1. None.
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Community Engagement
Meeting Date: 08/21/2024
Agenda Item: 6
FINANCIAL INFORMATION
There is no immediate financial impact or budget action necessary as a result of the recommended action.
ATTACHED INFORMATION
1. Property Compliance Elements
2. Code Enforcement Visual Data
3. Examples
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
Needs Assessment
Council/Management Policy – Strategic Planning
Prevention Intervention Resolution
Property Maintenance
Code Adoption
Community Notified
On-going Public
Education
Rules Followed
Compliance
Violation
Customer Service
Request (CSR)
Pro-Active
Enforcement
Inspector
Verified
Violation
Recorded
Notification
Posting, Mail,
Etc.
Follow-Up
Inspections
Violation
Addressed
Compliance
Administrative
Citations
Civil and/or
Criminal
Proceedings
Abatement
Reporting and Information Management
Personnel and Resource Management
CASES OPENED BY SOURCE
2023 2024 %∆ YR
PROACTIVE 151 223 48%
WEB FORM 39 54 38%
WALK IN 4 10 150%
ADMIN/COUNCIL 15 16 7%
PHONE CALL 35 20 -43%
GOVALERT APP 17 15 -12%
EMAIL 6 0 -100%
MAIL 1 0 -100%
TOTAL 268 338 26%
1 49 47
42 54
75 47
40 78
56 55
62 0
10 20
30 40
50 60
70 80
90 JAN FEB MAR APR MAY JUN
Cases Generated Overall
2023 2024
56%
44%
Q1/Q2-23 SOURCES
PROACTIVE REACTIVE
66%
34%
Q1/Q2-24 SOURCES
PROACTIVE REACTIVE
CASE DISPOSITIONS
2023 2024
JAN FEB MAR APR MAY JUNE TOTAL JAN FEB MAR APR MAY JUNE TOTAL COURTESY 0 35 35 26 35 52 183 34 30 51 33 43 46 237
NOV 0 8 6 3 4 7 28 8 4 6 9 2 10 39
CITATION 0 1 5 6 8 1 21 1 4 12 3 1 1 22
NO ISSUE 1 2 1 5 4 8 21 2 1 6 5 6 2 22
DUPLICATE 0 0 0 2 1 5 8 0 0 3 4 1 1 9
RESOLVED 0 3 0 0 2 2 7 2 1 0 2 2 2 9
34 30
51 33
43 46
8 4
6 9
2 10
1 4
12 3
1 1 2 1
6 5 6
2 0 0
3 4
1 1 2 1 0
2 2 2
1 2 3 4 5 6
Case Dispositions Q1-Q2 24
COURTESY NOV CITATION NO ISSUE DUPLICATE RESOLVED
CASES BY TYPE
2023 2024 %∆ YR % TOTAL 23 % TOTAL 24
VACANT 1 0 -100% 0% 0%
AVA 30 11 -63% 11% 3%
ADA 5 3 -40% 2% 1%
ALLEY 57 27 -53% 21% 8%
ANIMAL 0 1 #NULL 0% 0%
BLDG 4 3 -25% 1% 1%
SWN 7 6 -14% 3% 2%
DEBRIS 18 41 128% 7% 12%
DWTN 1 0 -100% 0% 0%
EXTERIOR 2 4 100% 1% 1%
TREES 2 4 100% 1% 1%
FOOD 0 1 #NULL 0% 0%
GRAFFITI 9 6 -33% 3% 2%
SIGNS 15 8 -47% 6% 2%
INSECT 1 0 -100% 0% 0%
MOSQ 2 1 -50% 1% 0%
NOISE 0 1 #NULL 0% 0%
OTHER 15 9 -40% 6% 3%
PARKING 28 31 11% 10% 9%
PROP 51 116 127% 19% 34%
SEWAGE 1 0 -100% 0% 0%
SIDEWALK 1 0 -100% 0% 0%
CARPORT 1 6 500% 0% 2%
TENANT 2 0 -100% 1% 0%
RV 1 2 100% 0% 1%
TRASH 5 8 60% 2% 2%
UNSAFE 2 3 50% 1% 1%
WATER 2 37 1750% 1% 11%
WEEDS 3 2 -33% 1% 1%
ZONING 3 7 133% 1% 2%
100% 100%
96% 95%
93%
100% 100%
95%
96%
95%
98%
85%
75%
80%
85%
90%
95%
100%
105%
JAN FEB MAR APR MAY JUN
# OPEN CASES IN DATE RANGE CLOSED
2023% 2024%
1 13
28 76
119
162
104
132
194
184
161 155
0 50
100
150
200
250
JAN FEB MAR APR MAY JUN
Total Inspections Performed
2023 2024
Fencing Violations in Alley - Before
Fencing Violations in Alley - After
Excessive Weeds on Vacant Lot - Before
Excessive Weeds on Vacant Lot - After
Vehicle Parked on Lawn and No Address - Before
Vehicle Parked on Lawn and No Address - After
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY: AJH
AGENDA ITEM: Fire – Authorize the acceptance of the Kingsburg Healthcare District funding for the reimbursement of three firefighter/paramedics and execute a three-year MOU for this funding.
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
At the August 14, 2024, Kingsburg Healthcare District meeting, approval was given for the reimbursement of the employee costs for three firefighter/paramedic positions in the amount of $405,000 per year. In 2021 with the assistance of the Kingsburg Healthcare District, the Kingsburg Fire Department started staffing two ambulances per day. The goal of staffing two ambulances was to be able to respond to the approximately 450 calls per year that the department did not have an ambulance available.
The total unit cost per hour for an ambulance is approximately $200 and this equates to an annual cost of $1.7 million.
Unfortunately, the second ambulance does not generate enough revenue from insurance reimbursements to cover the total cost. In 2021, the Kingsburg Healthcare District assisted the Kingsburg Fire Department by funding $400,000 per year for three years. This was in addition to the other grants they provided for training and a new ambulance. This current agreement is to continue covering the costs of three firefighter/paramedics to staff the second ambulance. The city is covering the cost of the other three firefighter/paramedics.
In the current 2024/25 fiscal year the Kingsburg Healthcare District grant funds are allocated as $405,000 revenue in line item 320-0000-460-0101.
RECOMMENDED ACTION BY CITY COUNCIL
1. The city council to authorize the acceptance of the Kingsburg Healthcare District funding for the reimbursement of the employee costs for three firefighter/paramedics in the amount of $405,000 per year for three years.
POLICY ALTERNATIVE(S)
1. To not accept the funding from the Kingsburg Healthcare District.
STRATEGIC GOAL(S) MET:
1. Community Safety
Meeting Date: 08/21/2024
Agenda Item: 7
FINANCIAL INFORMATION
BACKGROUND INFORMATION
For the past three years the Fire Department has staffed two ambulances. This has been made possible with a grant from the Kingsburg Healthcare District. This partnership has been very beneficial for the community we both serve. The Kingsburg Healthcare District boundary resembles the 80 square mile Zone K ambulance response area.
The Kingsburg Fire Department ambulance serves Tulare, Fresno, and Kings County.
The ability to staff two ambulances is a safety net for the citizens and cannot be done without the assistance of the healthcare district. The city is committed to staffing both ambulances and covering most of the expenses for both ambulances. The total cost to staff an ambulance 24/7, equipment replacement, and capital is approximately $1,750,000 annually. Through this partnership, the healthcare district and the city are proposed to split the remaining needed funding.
Unfortunately, the need for a second ambulance is increasing and has much to do with where patients want to be transported. In the 1990s, over 80% of patients wanted to be transported to Kingsburg or Selma District Hospital.
This resulted in the ambulance being only committed to a call for under an hour. Today, most patients request transport to hospitals in Fresno, Clovis, Madera, or Visalia. This now places an ambulance committed on a call for over an hour and sometimes more than two hours. Even though the area's population has remained steady over the last 20 years, the time the ambulance isn't available to respond to another emergency has not. Even though the ambulance is committed to an emergency call twice as long, the fire department cannot recoup additional reimbursement to compensate for the additional time.
When Kingsburg does not have an ambulance available, another agency must respond. The ambulance could come as far away as Visalia, Reedley, or Dinuba. In patients suffering from cardiac arrest, stroke, seizure, or difficulty breathing, the human body starts to incur permanent damage in less than 10 minutes. Based on the trauma “Golden Hour” rule and receiving Advanced Life Support (ALS) treatment within 9 minutes, ambulances responding from outside Kingsburg cannot meet these industry best practice response times. Slower response times from when an out-of-area ambulance has to respond to medical emergencies in the Kingsburg Zone K ambulance area endanger lives. Fortunately, the Kingsburg Fire Department staffs a two-person fire engine with a qualified paramedic to stabilize patients when waiting for an ambulance. However, these patients still require an ambulance to transport them to the appropriate receiving hospital.
In 2023, the Kingsburg ambulance responded to 2,952 calls for service, of which 2,521 were for medical aid or rescue. By continuing to staff a second ambulance with six personnel (two per 24-hour shift, 365 days a year), citizens calling 911 will be able to receive appropriate life-saving treatment promptly. This is why it is essential to continue funding three firefighter/paramedics from the Kingsburg Healthcare District and three firefighter/EMTs from the City of Kingsburg.
The total cost, including salary, benefits, and 96 hours of overtime for required continuing education, is $135,163.40 per top-step firefighter/paramedic. To fund three positions to cover 50% of the staffing costs for an ambulance is $405,490.20 annually.
ATTACHED INFORMATION
1. Agenda from the August 2024 Kingsburg Healthcare District meeting approving the funding for the Fire Department’s Community Risk Reduction Trailer/Prop in the amount of $47,590.
FISCAL IMPACT:
1. Is There a Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 320-0000-460-0101
2. Kingsburg Healthcare District 2024 grant agreement with the Kingsburg Fire Department.
NOTICE OF ADA COMPLIANCE: In accordance with the Americans with Disabilities Act (ADA), if you need assistance to participate in this meeting, please contact the District’s headquarters at 559-419-0011 to request a reasonable accommodation. The District’s headquarters is located at 1425 Marion Street, Kingsburg, California 93631.
PUBLIC COMMENT PERIOD: During this item, members of the public may comment on any item not appearing on the agenda but within the subject-matter jurisdiction of the Board. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration. Any person addressing the Board will be limited to a maximum of five (5) minutes so that all interested parties have an opportunity to speak with a total of twenty-five (25) minutes is allotted for the Public Comment Period. Speakers should step to the podium when the item is taken up by the Board, wait to be recognized and then state their name and address for the record.
DOCUMENTS: If distributed to the Board less than 72 hours before a regular meeting, any public records which are subject to public inspection and pertain to an open-session item on the regular meeting agenda shall be available at the following address at the time they are distributed to a majority of the Board: 1425 Marion Street, Kingsburg, California 93631. Public records distributed to the Board at a public meeting will be available to the public at such meeting if they were prepared by the District. Exemptions and details in Government Code § 54957.5(a) shall apply.
1. Call to order and roll call.
PUBLIC COMMENTS:
2. Public comment period for items not on the agenda.
CONSENT CALENDAR:
3. Approval of minutes of prior meeting(s).
4. Approval and ratification of expenditures since last meeting and pending bills.
PRESENTATIONS:
5. Report and update from Kristine Johnson regarding the Kingsburg Athletic Foundation Gatorade machine donations.
6. Report and update from Linda Simmons regarding the Kingsburg Elementary Back to School Health Fair.
7. Report and update from Adam Castanada regarding the Senior Center kitchen remodel.
BOARD OF DIRECTORS
Todd Thompson, Chairman
Lori Sanders, Vice Chairman
Arlie Rogers, Treasurer
Kenneth Crabb, Secretary
Gary Nelson, Member
Kingsburg City Hall Chambers
1401 Draper Street
Kingsburg, California 93631 CHIEF EXECUTIVE OFFICER
(Interim)
Vacant Agenda of the Board of Directors
Regular Meeting
August 14, 2024 at 4:00 P.M.
8. Quarterly update and report from Adam Castanada regarding the Senior Center breakfast.
9. Quarterly update and report from Aida Rushing regarding KCAPS food pantry.
ACTION ITEMS:
10. Review, consideration, and potential action on draft 2024 grant cycle grant agreement for the Kingsburg Fire Department.
11. Review, consideration, and potential action on pending 2024 grant cycle application and draft grant agreement for the Kingsburg Police Department.
12. Review, consideration, and potential action on draft 2024 community needs funding grant agreement/acknowledgment.
13. Review, consideration, and potential action on budget for the 2024-2025 fiscal year.
14. Consider conduct under Code of Ethics.
15. Discussion and consideration of hiring a parttime person to assist Office Manager for up to 10 hrs. per week.
REPORTS AND OTHER ITEMS OF INTEREST:
16. Board member reports, updates, and items of interest:
17. Staff and/or consultant reports and updates, including but not limited to:
ADJOURNMENT:
18. Adjourn to the next regularly scheduled meeting to be held: September 11, 2024, at 4:00 p.m.
GRANT AGREEMENT
I. INTRODUCTION
THIS GRANT AGREEMENT (“Agreement”), is entered into between the KINGSBURG HEALTHCARE DISTRICT, referred to as “DISTRICT,” and the CITY OF KINGSBURG, a California municipal corporation, and referred to as “GRANTEE,” with reference to the following:
II. RECITALS
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code §§ 32000 et seq.; B. WHEREAS, the GRANTEE is a municipal corporation organized and existing under a voter-approved charter pursuant to Article 11, § 3, of the California Constitution; C. WHEREAS, the GRANTEE operates a full-time fire department which provides emergency medical services and training and desires to implement a portion of its health and wellness program within the DISTRICT;
D. WHEREAS, the DISTRICT and GRANTEE desire to and hereby incorporate the requirements, terms and conditions of the DISTRICT’s grant policy and grant award into this Agreement;
E. WHEREAS, the DISTRICT’s Board of Directors has determined that a grant of DISTRICT funds to GRANTEE for funding approximately one-half of the paramedic personnel expenses for GRANTEE’s emergency medical services program (collectively “Program”), is necessary for the continuation of existing competent emergency medical services and to potentially expand availability to fill gaps in coverage, and has approved a grant to the GRANTEE in the total amount up to one million two hundred sixteen thousand four hundred seventy-one and 20/100 U.S. dollars ($1,216,471.20 USD) for the Program (the “Grant” and “Grant Funds”); and
F. WHEREAS, the DISTRICT and the GRANTEE intend to now enter into this Agreement in order to provide the terms under which the DISTRICT will fund the GRANTEE’s Program, which would make available to the public additional paramedics and ambulance services, including to residents of the DISTRICT.
ACCORDINGLY, IT IS AGREED:
III. SPECIFIC TERMS
1. PURPOSE:
Grant Funds must be used solely for those Program expenditures which are specified within EXHIBIT A. If the grant was awarded for equipment, then the GRANTEE must utilize and maintain said equipment in a reasonable manner and not intentionally abuse or damage it. Unless said equipment is no longer functioning, is beyond reasonable repair or is beyond its useful life expectancy, said equipment may not be gifted or sold for less than fair market value, unless traded-in, to a vendor/dealer of the same or similar equipment, in connection with the receipt of reasonable credit toward the purchase of new or upgraded replacement equipment. If said equipment is sold, transferred or destroyed within five (5) years or less after Grant Funds were expended on it, GRANTEE shall notify DISTRICT of such fact, in writing, within twenty (20) business days.
The Grant Funds received by GRANTEE must be used by GRANTEE strictly in accordance with the terms of this Agreement, including the grant purpose, project objectives and budget specified in this Agreement, if any. GRANTEE must maintain books and records which segregate and account for the Grant Funds separately. All expenditures made in furtherance of the purpose(s) of the Grant Funds provided under this Agreement must appear on those books and records. GRANTEE must keep invoices, receipts, vouchers and other reliable records to substantiate all expenditures of Grant Funds.
No Grant Funds may in any way be used for the purpose of: (i) any other program or purpose by the GRANTEE or any capital improvements or other capital expenditures for the Program or the GRANTEE, other than those identified in EXHIBIT A; (ii) influencing legislative or administrative decisions of any governmental body or for the support of any political campaign; or (iii) any activity or decision which constitutes a violation of any law or regulation applicable to the Program or the GRANTEE.
2. TERM: This Agreement shall become effective as of the date of the final party signature below and shall expire on June 30, 2027 , unless otherwise terminated as provided in this Agreement.
3. SCOPE OF GRANT SERVICES, PROGRAM OR EQUIPMENT FUNDED: See attached EXHIBIT A.
4. PAYMENT OF GRANT FUNDS: Grant Fund payments will be made by the DISTRICT to GRANTEE according to the schedule set forth in attached EXHIBIT B.
5. LIMIT OF COMMITMENT: Unless otherwise approved by the DISTRICT’s Board, this Grant shall be a one‐time grant by the DISTRICT, and is non-renewable. Nothing in this Agreement shall preclude GRANTEE from making application to the DISTRICT for any future grant funds which may become available from the DISTRICT. GRANTEE
will not be entitled to priority or special consideration by the DISTRICT in connection with future grant applications solely because of the fact that Grant Funds were awarded under this Agreement.
6. RETURN OF UNEXPENDED GRANT FUNDS: The parties agree that ownership of Grant Funds which are not expended within one hundred eighty days (180) after disbursement by the DISTRICT to the GRANTEE shall automatically revert back to the DISTRICT at that point and, while they remain in the custody of GRANTEE, they are held solely in trust by GRANTEE for the sole benefit of the DISTRICT. The parties further agree that said Grant Funds must be returned within twenty (20) business days after the expiration of the aforementioned expenditure deadline.
7. REDUCTION/REIMBURSEMENT OF GRANT FUNDS: The parties agree that the DISTRICT may reduce, suspend or terminate to any degree the payment or amount of the Grant Funds provided hereunder if the DISTRICT determines, in its sole and absolute discretion, that GRANTEE did not use, or is not using, the Grant Funds for the purpose(s) awarded hereunder nor satisfying the objectives of the Grant. GRANTEE hereby expressly waives any and all claims against the DISTRICT for damages which may arise from the termination, suspension or reduction of the Grant Funds awarded hereunder by the DISTRICT. GRANTEE further agrees to immediately reimburse all Grant Funds received from DISTRICT if the DISTRICT determines that any such Grant Funds were not utilized by GRANTEE for their intended purpose.
8. OTHER FUNDING SOURCES: If requested by the DISTRICT, the GRANTEE must make information available to DISTRICT, within a reasonable period of time set by DISTRICT, pertaining to other funding sources or collaborators for the GRANTEE Program or services which receive any of the Grant Funds.
9. EVALUATION/OUTCOMES REPORTING:
GRANTEE must cooperate in efforts undertaken by DISTRICT to evaluate GRANTEE’s effectiveness and use of the Grant Funds, which in some cases may include GRANTEE’s participation in and compliance with on-site evaluation and grant monitoring procedures, including interviews of GRANTEE’s staff by the DISTRICT, usually when Grant Funds are awarded for purposes other than to fund acquisition or upgrading of equipment.
GRANTEE must submit to DISTRICT interim reports and a final report, including narrative information and full financial accounting of the expenditure of all of the Grant Funds, according to the report schedule set forth in this Agreement. All GRANTEE reports shall become the property of DISTRICT. Report forms and guidelines provided by the DISTRICT, if any, must be utilized by GRANTEE, otherwise the GRANTEE’s report must, at a minimum, contain the following information (if applicable):
(i) How the Grant Funds were used, with documentation of the expenditure of Grant Funds.
(ii) Pertinent data regarding:
(A) progress in achieving the objectives of the grant; and (B) attainment of the goals set forth in the timetable for the use of the Grant Funds.
(iii) The status of the Program to which Grant Funds were expended, including:
(A) the financial performance of the Program; and
(B) the availability of public and private funding or other assistance for the long‐term viability of the Program; and
(C) the intended use of remaining Grant Funds, if any.
(iv) A signed certification from the chief administrator or chief operations officer of the GRANTEE, certifying the accuracy of the report and certifying the GRANTEE’s compliance, during the reporting period, with the terms of this Agreement.
Any payments scheduled for release subsequent to the due date of a report shall be held by DISTRICT until the report has been submitted and approved. DISTRICT in its discretion may also require an audit of the program or project which utilized Grant Funds, which may include the review of programmatic as well as financial records. The expense of any such discretionary audit undertaken by DISTRICT will be borne by DISTRICT. Any other audit(s) which may be expressly required under this Agreement, if any, shall be at the expense of the GRANTEE.
10. WRITTEN REPORT SCHEDULE: All written interim and final reports must be submitted by GRANTEE to DISTRICT before the scheduled deadlines below. Failure to timely submit reports when due may be cause for immediate termination of this Agreement and thereupon any portion of the Grant Funds, which have been received by the GRANTEE and have not been expended prior to the corresponding deadline in accordance with the provisions of this Agreement, shall be returned to the DISTRICT upon the DISTRICT's request. When GRANTEE will also be presenting its report to the Board in-person, all written materials for such presentation must be actually received by the DISTRICT no later than noon on the Friday before the Board meeting where the presentation is to occur. Except under extraordinary circumstances, written materials
(including Power Point slides) should not be submitted or shown to the DISTRICT for the first time during presentations. Reports must be approved by the governing body of the GRANTEE and must include relevant activity and information, which has not already been reported to the DISTRICT, occurring since the signing of this Agreement or the last interim report, whichever is later. The deadlines for submitting interim and final reports shall be no later than:
Interim Report(s): Semi-Annually (Apr. 1 and Oct. 1), required until the earlier of either the expenditure of all Grant Funds or the expiration of the deadline to expend all Grant Funds as specified
elsewhere within this Article
Final Report: Thirty (30) business days after the earlier of either the expenditure of all Grant Funds or the expiration of the deadline to expend all Grant Funds as specified elsewhere within this Article.
11. ATTRIBUTION: GRANTEE agrees to comply with the DISTRICT’s attribution requirements for the Grant Funds, which is attached hereto as EXHIBIT C.
12. GRANT ANNOUNCEMENTS AND PUBLICITY: Any written announcement or other publicity related to the Grant, which is prepared by GRANTEE, shall be first submitted to the Chair of the DISTRICT’s governing Board for review and approval and, if prepared by the DISTRICT, shall be first submitted to the chief administrator or chief operations officer of the GRANTEE for review and approval which shall be deemed to have been issued after five business days if no written response has been provided. Any announcements and publicity must not indicate or otherwise imply in any way that the DISTRICT endorses the GRANTEE or its programs unless expressly approved by the governing body of the DISTRICT.
13. OTHER OBLIGATIONS: In authorizing the execution of this Agreement, the governing body of GRANTEE accepts legal responsibility to ensure that the Grant Funds provided by DISTRICT are allocated solely for the purpose for which the Grant was intended. GRANTEE agrees to become knowledgeable of the requirements of this Agreement and to be responsible for compliance with its terms. The parties agree that in no event shall DISTRICT be legally responsible or liable for GRANTEE's performance or failure to perform under the terms of this Agreement. GRANTEE agrees that DISTRICT may review, audit and/or inspect each GRANTEE Program which receives Grant Funds under this Agreement, for compliance with the terms of this Agreement. As noted in the grant application and the District’s grant policies, the GRANTEE is under a continuing duty to promptly, and in no event later than ten (10) business days afterward, notify the District in writing, of each and all changes to the members of the governing body of GRANTEE and the members of the governing body of each and all of its
affiliates and partners. The obligations identified in this paragraph are a material term of this Agreement.
IV. GENERAL TERMS
14. INDEPENDENT CONTRACTOR STATUS:
(a) This Agreement is entered into by both parties with the express understanding that GRANTEE will perform all activities or services required under this Agreement as an independent contractor. Nothing in this Agreement shall be construed to constitute the GRANTEE or any of its agents, employees or officers, as an agent, employee or officer of DISTRICT.
(b) GRANTEE agrees to advise everyone it assigns or hires to perform any duty under this Agreement that they are not employees of DISTRICT. (c) Notwithstanding this independent contractor relationship, DISTRICT shall have the right to monitor and evaluate the performance of GRANTEE to assure compliance with this Agreement.
15. COMPLIANCE WITH LAW: GRANTEE shall undertake all activity required hereunder in accordance with all applicable federal, state and local laws, regulations and directives including, without limitation and as applicable, the Health Insurance Portability and Accountability Act (“HIPAA”) and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (the “HIPAA regulations”). With respect to GRANTEE’s employees, GRANTEE shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance and discrimination in employment. GRANTEE confirms to DISTRICT that the GRANTEE has fully complied with all applicable federal, state and local laws, regulations, rules and directives related to DISTRICT’S award of the Grant Funds to GRANTEE for use in the Program.
16. GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles.
The parties agree that this contract is made in and shall be deemed to be performed in the City of Kingsburg, California.
17. RECORDS AND AUDIT: GRANTEE shall maintain complete and accurate records with respect to the activities, services rendered, if any, and the costs incurred under this Agreement. In addition, GRANTEE shall maintain complete and accurate records with respect to each and all payments to employees, contractors and vendors made with any Grant Funds. All such records shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible.
Upon request, GRANTEE shall make such records available within the City of
Kingsburg, California to DISTRICT’s auditor and to the same’s agents and representatives, for the purpose of auditing and/or copying such records, for a period of no less than five (5) years from the date of final payment under this Agreement.
GRANTEE shall comply with all applicable laws and, if GRANTEE is a local public entity, shall comply with the most recent edition of the Local Government Records Management Guidelines of the California Secretary of State as applicable.
18. CONFLICT OF INTEREST:
(a) GRANTEE agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code §§ 1090 et seq., and the Political Reform Act, Government Code §§ 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including GRANTEE for this purpose, from making any decision on behalf of DISTRICT in which such officer, employee or consultant/GRANTEE has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/GRANTEE participates in or influences any DISTRICT decision which has the potential to confer any pecuniary benefit on GRANTEE or any business firm in which GRANTEE has an interest, with certain narrow exceptions.
(b) GRANTEE agrees that if any facts come to its attention which raise any questions as to the applicability of conflict-of-interest laws, it will immediately inform the DISTRICT designated representative and provide all information needed for resolution of this question.
19. INSURANCE: Prior to approval of this Agreement by DISTRICT, GRANTEE shall file with the Secretary of the DISTRICT evidence of the required insurance as set forth in EXHIBIT D attached.
20. INDEMNIFICATION: GRANTEE shall hold harmless, defend and indemnify DISTRICT, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, arising in any way from, or in connection with, the performance by GRANTEE or its agents, officers and employees under this Agreement, GRANTEE’s acquisition and/or use of any equipment funded in whole or in part under this Agreement and/or for GRANTEE’s receipt and/or use of Grant Funds from DISTRICT. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
21. TERMINATION:
(a) Without Cause: DISTRICT will have the right to terminate this Agreement
without cause by giving ten (10) business days of prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. Such termination shall only operate prospectively. Grant Funds must not be used to pay, reimburse or otherwise satisfy any expense(s) incurred by the GRANTEE after the GRANTEE’s receipt of a notice of termination under this Agreement. (b) With Cause: This Agreement may be terminated by DISTRICT should the GRANTEE:
(1) be adjudged a bankrupt;
(2) become insolvent or have a receiver appointed;
(3) make a general assignment for the benefit of creditors; (4) suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement;
(5) materially breach this Agreement;
(6) material misrepresentation, either by GRANTEE or anyone acting on GRANTEE’s behalf, as to any matter related in any way to DISTRICT’s decision to provide Grant Funds to GRANTEE, or
(7) other misconduct or circumstances which, in the discretion of the DISTRICT, either impairs the ability of GRANTEE to competently perform the activities and/or services (if any) funded under this Agreement, or expose the DISTRICT to an unreasonable risk of liability; or (8) Non-Government Entities: Upon any change of ownership of the GRANTEE which has not been approved by the DISTRICT, provided that such approval shall not be unreasonably withheld so long as the surviving entity agrees to satisfy the obligations of the GRANTEE under this Agreement. A "change of ownership" shall include any merger by the GRANTEE with any other person or entity, any acquisition of all or substantially all of the assets or operations of the GRANTEE or any conversion or other change in the corporate status of the GRANTEE.
Sanctions undertaken will be the possible rejection of future proposals based upon specific causes of non-performance.
(c) Effects of Termination: Expiration or termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records
pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where GRANTEE’s funding hereunder has been terminated by the DISTRICT, said termination will not affect any rights of the DISTRICT to recover damages against the GRANTEE. (d) Suspension of Performance: Independent of any right to terminate this Agreement, the DISTRICT may immediately suspend performance by GRANTEE, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by GRANTEE to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
22. SUBJECT TO FUNDING: If funding for this Agreement is derived from any State or federal grant or funds, or property tax revenues, the DISTRICT reserves the right to reduce the level of funding hereunder to match reduced levels of state, federal or property funding to DISTRICT, or at the DISTRICT’s option, DISTRICT may terminate this Agreement, should the funding source no longer be available or the amount be reduced.
23. NOTICES:
(a) Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:
DISTRICT: With A Copy To:
Todd Thompson, Board Chairperson
KINGSBURG HEALTHCARE DISTRICT
1425 Marion Street
Kingsburg, California 93631
559-419-0011
559-897-8645 fax
Moses Diaz, District General Counsel
PUBLIC INTEREST LAW FIRM
A Professional Corporation
2924 West Main Street
Visalia, California 93291
559-900-3500
559-900-3555 fax
GRANTEE:
CITY OF KINGSBURG
Alexander Henderson, City Manager
1401 Draper Street
Kingsburg, California 93631
559-897-5821
559-897-5568 fax
With a Copy To:
KAHN, SOARES & CONWAY, LLP
Attention: Michael J. Noland, City Attorney
219 North Douty Street
Hanford, California 93230
559-584-3337
559-584-3348 fax
(b) Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice
sent by first class mail shall be deemed received on the fifth day after the date of mailing.
Either party may change the above address by giving written notice pursuant to this paragraph.
24. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, DISTRICT is relying on the personal skill, expertise, training and experience of GRANTEE and GRANTEE’s employees and no part of this Agreement may be assigned or subcontracted by GRANTEE without the prior written consent of DISTRICT.
25. FURTHER ASSURANCES: Each party will execute any additional documents and perform any further acts which may be reasonably required to effect the purposes of this Agreement.
26. CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code § 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
27. HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
28. NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other person or entity, other than a party hereto, with any enforceable legal or equitable benefit, right or remedy.
29. WAIVERS: The failure of DISTRICT to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by DISTRICT of either performance or return of grant funds in lieu thereof shall not be considered to be a waiver of any preceding breach of the Agreement by the other GRANTEE.
30. EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
31. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the party whose material benefit(s) is adversely affected. In all other cases the remainder of the Agreement shall continue in full force and effect.
32. ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between the parties hereto as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
33. ASSURANCES OF NON-DISCRIMINATION: GRANTEE shall not discriminate in employment or in the provision of its services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.
34. ATTORNEYS’ FEES: If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
//
//
[SIGNATURES ON NEXT PAGE]
//
//
GRANTEE:
CITY OF KINGSBURG
_________________________________
Brandon Pursell, Jr., Mayor (date)
__________________________________
________________ (date)
CITY OF KINGSBURG
___________________________________
City Attorney or Deputy (date)
ATTEST:
_________________________________
Abigail Palsgaard, City Clerk (date)
GRANTOR:
_________________________________
Todd Thompson, Board Chairman (date)
APPROVED AS TO FORM:
_________________________________
Moses Diaz, General Counsel (date)
__________________________________
________________ (date)
ATTEST:
__________________________________
Shereme Watson, (date)
Deputy Board Secretary
EXHIBIT A
HEALTH SERVICE, PROGRAM OR
EQUIPMENT TO BE GRANT FUNDED
The GRANTEE shall furnish the following services or program, and/or if the grant is for equipment or goods, then GRANTEE shall either purchase or restore, rebuild or upgrade the following facilities and/or equipment or goods to be used, for health services or programs:
HEALTH SERVICE, PROGRAM OR
EQUIPMENT (include make, model, etc.) DATE
COST
Not to Exceed
1 Emergency Ambulance Services: GRANTEE
employment of at least six (6) FTE ambulance
paramedics, for staffing at least two (2)
licensed/certified paramedics for emergency
ambulance response twenty-four (24) hours each
day of the fiscal year. This includes all roll-up
costs and certification expenses.
FY2024-25 $405,490.40
2 Same as No. 1 above. FY2025-26 $405,490.40
3 Same as No. 1 above. FY2026-27 $405,490.40
-- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- TOTAL $1,216,471.20
The Grant Funds must be expended as part of a health or wellness and prevention program. The amount awarded above must be offset and shall be reduced each fiscal year by one-half of the total revenues, received by the GRANTEE for the prior fiscal year, from Medi-Cal, Medicare and private insurance reimbursements for emergency services rendered by GRANTEE’s second ambulance.
Each interim and final grant report required by this Agreement must accurately disclose to the DISTRICT: (1) the total amount of GRANT FUNDS expended and encumbered as of the date of the report, with sufficient detail for the DISTRICT’s governing body to understand what the GRANT FUNDS have paid for; and (2) the total of all revenues received by the GRANTEE for the prior and current fiscal years (as of the date of the grant report) from Medi-Cal, Medicare and private insurance reimbursements, for all emergency services rendered by all of GRANTEE’s ambulances. //
EXHIBIT B
SCHEDULE OF PAYMENTS
In accordance with the terms of this Agreement, the DISTRICT shall disburse the following payment(s) to the GRANTEE:
DATE PURPOSE AMOUNT
1 FY2024-25
thru
FY2026-27
For qualifying items specified within EXHIBIT A,
during the term of this Agreement, GRANTEE must pay
for said items and then subsequently request
reimbursement, in writing, within 180 days after paying for said items.
up to
$1,216,471.20
-- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Use of Grant Funds is contingent upon GRANTEE using its best efforts at recruiting, hiring and retaining at least six (6) FTE paramedics which are appropriately licensed/certified, subject to normal and unanticipated vacancies.
GRANTEE must match each DISTRICT dollar utilized from the Grant Funds.
Any unencumbered Grant Funds remaining after the close of each fiscal year must not thereafter be obligated by the GRANTEE for any expense(s) of such closed fiscal year, and such funds shall be held in trust for the DISTRICT (if GRANTEE received a lump sum disbursement) until the DISTRICT decides on an appropriate disposition of the remaining Grant Funds. Such remaining Grant Funds shall either be allocated toward pending or future DISTRICT grant commitment(s) to GRANTEE for the same purpose as the instant grant (if any) or returned to the DISTRICT, at the sole discretion and election of the DISTRICT.
GRANTEE must not utilize any portion of the Grant Funds to provide retroactive compensation, award bonus compensation, or provide any unusual, uncommon, uncustomary or unlawful reimbursement or payment to personnel, particularly if (but not necessarily) during the second half of each fiscal year when a surplus or unexpended portion of the Grant Funds is anticipated or projected. The parties agree that the Grant Funds shall be deemed to already account for and include hazard and other extraordinary compensation adjustments, differentials and incentives. //
//
EXHIBIT C
GRANT ATTRIBUTION REQUIREMENTS
1. Attribution Wording
Attribution for DISTRICT-funded programs or equipment shall be as follows:
“Made possible by funding from Kingsburg Healthcare District” or “Funded by Kingsburg Healthcare District”.
2. Written References to Particular DISTRICT-Funded Equipment All written informational materials (excluding ordinary letters, emails, text messages and other similar correspondence), whether in hardcopy or in electronic format, such as brochures, workbooks, posters, videos, curricula, webpages or PowerPoint presentations, which depict or refer to any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999 must include the attribution wording.
3. Promotional Materials
District attribution must also be included on promotional items such as posters, flyers, banners and other types of signage which depict or refer to any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999.
4. Media Materials and Activities
Attribution to the District shall be included in any written informational materials distributed to the media for the purpose of publicizing a District-funded program or any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999. This information may include news releases and advisories, public service announcements (PSAs), television and radio advertisements and calendar/event listings.
Media and publicity activities, such as news conferences, story pitching, press interviews, editorial board meetings and promotional events shall include reference to the District’s program support. As a courtesy, the District would appreciate notification of these activities at least two (2) weeks in advance, whenever possible. Please send to the District copies of any press coverage of District-funded programs.
5. Logo Usage
Use of the DISTRICT’s logo is permitted and encouraged. Logos can be provided in print and electronic formats. Logos will be provided by DISTRICT upon initial grant funding and at GRANTEE’s request thereafter. Graphic standards for logos shall be adhered to as provided by DISTRICT. Requests for logo should be directed to the administration office of the DISTRICT.
6. Photograph Consent
GRANTEE must permit photography of DISTRICT-funded programs or equipment to be taken by any DISTRICT-designated photographer at DISTRICT’s expense, and consents to usage of such photographs on DISTRICT’s website and other materials designed to inform and educate the public about the DISTRICT.
EXHIBIT D
INSURANCE REQUIREMENTS
GRANTEE must provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and damage to property which may arise in any way from, or in connection with, performance of the Agreement by the GRANTEE, its agents, representatives, employees or subcontractors, if applicable, including without limitation each use of the grant funding provided under the Agreement.
A. Minimum Scope & Limits of Insurance
1. Coverage at least as broad as Commercial General Liability Insurance of one million dollars ($1,000,000) combined single limit per occurrence. If the annual aggregate applies it must be no less than two million dollars ($2,000,000).
2. Comprehensive Automobile Liability Insurance (if applicable) of $1,000,000 per occurrence.
3. Workers' Compensation and Employer's Liability Insurance as required by law.
4. Professional Errors and Omissions Insurance of $1,000,000 (unless expressly waived by DISTRICT’s chief executive officer).
5. Work and Materials Insurance (if applicable).
a. For up to twenty-five thousand dollars ($25,000) for any loss on contracts for remodeling, renovation, alterations or maintenance of existing buildings.
b. For 100% of the contract value for all bridge construction and new construction up to two hundred thousand dollars ($250,000). See chief executive officer for construction over $250,000.
B. Specific Provisions of the Certificate
1. The Certificate of Insurance for General Liability, Comprehensive Automobile Liability Insurance and Professional Errors and Omissions Insurance must satisfy the following requirements:
a. Name the DISTRICT, its officers, agents, employees and volunteers, individually and collectively, as additional insureds.
b. State that such Insurance for additional insureds shall apply as primary insurance and any other insurance maintained by DISTRICT shall be excess.
c. Provide that coverage shall not be suspended, voided, canceled, reduced in coverage, or otherwise materially changed except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.
2. The Certificate of Insurance for Workers Compensation, must include the following waiver of subrogation:
a. Waiver of Subrogation: “[GRANTEE] waives all rights against the DISTRICT and its agents, officers, and employees for recovery of damages to the extent such damages are covered by the workers’ compensation and employer’s liability insurance.”
C. Deductibles and Self-Insured Retentions
The DISTRICT’s chief executive officer must approve in writing any deductible or self-insured retention that exceeds one hundred thousand dollars ($100,000).
D. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A (-) from a company admitted to do business in California, any waiver of these standards are subject to approval by the DISTRICT or its chief executive officer or designee.
E. Verification of Coverage
Prior to the DISTRICT’s approval of the agreement for this Program, the GRANTEE shall file with DISTRICT’s Secretary, certificates of insurance with original endorsements effecting coverage in a form acceptable to the DISTRICT. The DISTRICT reserves the right to require certified copies of all required insurance policies at any time.
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell Jr. & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY:
AGENDA ITEM: APPOINTMENT OF LAURA NORTH TO THE OFFICE OF KINGSBURG CITY COUNCIL MEMBER, DISTRICT 2 OF THIS CITY, WHO WAS TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
ACTION REQUESTED: ___Ordinance __√_Resolution _√__Motion ____Receive/File
EXECUTIVE SUMMARY
Election law allows cities to forgo the expensive election process for Council seats where a candidate is running unopposed, and therefore, is guaranteed to be the successful candidate upon completion of the election. These candidates may be appointed to their Council seats. As of the close of the nomination period for City Council candidates on August 9, 2024 (88 days before the election), there is only one candidate running for office in District 2 for the November 5, 2024 General Municipal Election. The California Elections Codes §10229 states that the City Clerk must certify these facts to the governing body of the City (attached) and inform them of the following courses of action they may take:
1. Appoint to the Office the person who has been nominated; or
2. Appoint to the office any eligible elector if no one has been nominated; or
3. Hold the election, if either no one or one person has been nominated.
A notice of these courses of action must be published in the newspaper of general circulation, and the Council may not take action on appointment until after the fifth day following the date of publication.
However, the Code requires the appointment to be made by the 75th day before the election, or the election must be held. The 75th day falls on Thursday, August 22, 2024. This is a very short amount of time to accomplish the required actions.
Staff is recommending that the City Council appoint Laura North to the position of Council Member District 2 which she is currently the incumbent. A notice was published in the Fresno Business Journal and posted in front of City Hall (attached) on August 14, 2024.
There will be a savings to the City in election cost if the nominee is not included on the ballot. The savings would be around $3,000 per district for the City Council Election. Also, in 2020 Council passed Resolution 2020-045 appointing Laura North to District 2 as she also was the only person who qualified to be on the ballot for her District.
Meeting Date: 08/21/2024
Agenda Item: 8
If Council decides to fill the office by appointment, there will not be an opportunity for anyone to file as write-in candidates
The person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
RECOMMENDED ACTION BY CITY COUNCIL
1. Adopt Resolution 2024-040 Appointing Laura North to the office of Kingsburg City Council Member, District 2 of this City, who was to be elected on Tuesday, November 5, 2024.
POLICY ALTERNATIVE(S)
1. Do not adopt Resolution 2024-040 and hold the election for District 2.
FINANCIAL INFORMATION
ATTACHED INFORMATION
1. Resolution 2024-040
2. City Clerk’s Certification of Facts
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 001-1800-519-5360
RESOLUTION NO. 2024-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG APPOINTING THE ONLY NOMINEE TO THE OFFICE OF CITY COUNCIL DISTRICT 2 THAT WAS TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, as of the close of the City Council nomination period on August 9, 2024, only one person has been nominated to be elected from Kingsburg City Council District 2, and the City Clerk has submitted a certificate of these facts to the City Council in accordance with Elections Code Section 10229; and WHEREAS, Elections Code Section 10229 authorizes one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, a notice referencing the above facts and courses of action was published on August 14, 2024, in a newspaper of general circulation in accordance with Elections Code Section 10229 and the applicable law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOW:
SECTION 1. Pursuant to Elections Code Section 10229, the following action is taken:
The following person is appointed to the office to which she was nominated, and is considered to be the same as being elected:
NAME OFFICE TERM
Laura North City Council Member, District 2 4 years
SECTION 2. This appointment shall not affect the conduct of the municipal election in other legislative districts of the City to be held on Tuesday, November 5, 2024.
SECTION 3. The person appointed shall qualify and take office and serve exactly as if elected at the municipal election for the office.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
***********
I, Abigail Palsgaard, City Clerk for the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting for the Kingsburg City Council held on the 21th day of August, 2024, 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
CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify, pursuant to §10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election in the City of Kingsburg to be held on Tuesday, November 5, 2024; As the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected for District 2 and District 3 of the City of Kingsburg.
The persons so nominated are:
Laura North – District 2
Brandon Pursell – District 3
That Elections Code §10229 allows one of the following courses of action to be taken by the City Council:
1. Appoint the office the person(s) who has/have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
This notice of these facts will be published on August 14, 2024, in a newspaper of general circulation in the city pursuant to §6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at the municipal election for the office.
If by the 75th day before the municipal election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Elections Code §10229, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Abigail Palsgaard, City Clerk, CMC
City of Kingsburg
Dated: August 12, 2024
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell Jr. & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY:
AGENDA ITEM: APPOINTMENT OF BRANDON PURSELL TO THE OFFICE OF KINGSBURG CITY COUNCIL MEMBER, DISTRICT 3 OF THIS CITY, WHO WAS TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
ACTION REQUESTED: ___Ordinance __√_Resolution _√__Motion ____Receive/File
EXECUTIVE SUMMARY
Election law allows cities to forgo the expensive election process for Council seats where a candidate is running unopposed, and therefore, is guaranteed to be the successful candidate upon completion of the election. These candidates may be appointed to their Council seats. As of the close of the nomination period for City Council candidates on August 9, 2024 (88 days before the election), there is only one candidate running for office in District 3 for the November 5, 2024 General Municipal Election. The California Elections Codes §10229 states that the City Clerk must certify these facts to the governing body of the City (attached) and inform them of the following courses of action they may take:
1. Appoint to the Office the person who has been nominated; or
2. Appoint to the office any eligible elector if no one has been nominated; or
3. Hold the election, if either no one or one person has been nominated.
A notice of these courses of action must be published in the newspaper of general circulation, and the Council may not take action on appointment until after the fifth day following the date of publication.
However, the Code requires the appointment to be made by the 75th day before the election, or the election must be held. The 75th day falls on Thursday, August 22, 2024. This is a very short amount of time to accomplish the required actions.
Staff is recommending that the City Council appoint Brandon Pursell to the position of Council Member District 3 which he is currently the incumbent. A notice was published in the Fresno Business Journal and posted in front of City Hall (attached) on August 14, 2024.
There will be a savings to the City in election cost if the nominee is not included on the ballot. The savings would be around $3,000 per district for the City Council Election. Also, in 2020 Council passed Resolution 2020-046 appointing Brandon Pursell to District 3 as he also was the only person who qualified to be on the ballot for his District.
Meeting Date: 08/21/2024
Agenda Item: 8
If Council decides to fill the office by appointment, there will not be an opportunity for anyone to file as write-in candidates
The person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
RECOMMENDED ACTION BY CITY COUNCIL
1. Adopt Resolution 2024-041 Appointing Brandon Pursell to the office of Kingsburg City Council Member, District 3 of this City, who was to be elected on Tuesday, November 5, 2024.
POLICY ALTERNATIVE(S)
1. Do not adopt Resolution 2024-041 and hold the election for District 3.
FINANCIAL INFORMATION
ATTACHED INFORMATION
1. Resolution 2024-041
2. City Clerk’s Certification of Facts
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 001-1800-519-5360
RESOLUTION NO. 2024-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG APPOINTING THE ONLY NOMINEE TO THE OFFICE OF CITY COUNCIL DISTRICT 3 THAT WAS TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, as of the close of the City Council nomination period on August 9, 2024, only one person has been nominated to be elected from Kingsburg City Council District 3, and the City Clerk has submitted a certificate of these facts to the City Council in accordance with Elections Code Section 10229; and WHEREAS, Elections Code Section 10229 authorizes one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, a notice referencing the above facts and courses of action was published on August 14, 2024, in a newspaper of general circulation in accordance with Elections Code Section 10229 and the applicable law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOW:
SECTION 1. Pursuant to Elections Code Section 10229, the following action is taken:
The following person is appointed to the office to which she was nominated, and is considered to be the same as being elected:
NAME OFFICE TERM
Brandon Pursell City Council Member, District 3 4 years SECTION 2. This appointment shall not affect the conduct of the municipal election in other legislative districts of the City to be held on Tuesday, November 5, 2024.
SECTION 3. The person appointed shall qualify and take office and serve exactly as if elected at the municipal election for the office.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
***********
I, Abigail Palsgaard, City Clerk for the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting for the Kingsburg City Council held on the 21th day of August, 2024, 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
CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify, pursuant to §10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election in the City of Kingsburg to be held on Tuesday, November 5, 2024; As the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected for District 2 and District 3 of the City of Kingsburg.
The persons so nominated are:
Laura North – District 2
Brandon Pursell – District 3
That Elections Code §10229 allows one of the following courses of action to be taken by the City Council:
1. Appoint the office the person(s) who has/have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
This notice of these facts will be published on August 14, 2024, in a newspaper of general circulation in the city pursuant to §6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at the municipal election for the office.
If by the 75th day before the municipal election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Elections Code §10229, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Abigail Palsgaard, City Clerk, CMC
City of Kingsburg
Dated: August 12, 2024
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell Jr. & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AJH AGENDA ITEM: Highway Safety Improvement Program Grant Application ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. §148) is one of the core federal-aid programs for funding transportation improvement projects. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. For a project to be eligible for HSIP funding, a specific safety problem must be identified, and the proposed countermeasure(s) must substantially address the condition. All proposed projects must lead to and complete the construction of safety improvements.
During the August 7, 2024 meeting, Peters Engineering provided an update on the local road safety plan, which was adopted. During that conversation, several intersections were discussed to potentially meet the merits of applying for a HSIP (see background information section). Based upon feedback received from Council at the August 7, 2024, meeting, staff has identified Kern Street/10th Avenue as the most viable local candidate for the HSIP project. Improvements being considered at this location include one of the following countermeasures:
• Traffic Signal installation
• Roundabout/traffic circle
• Installation of safety devices such as LED enhance stop signs, safety lighting, warning signs, and enhanced visibility striping.
Staff will develop these possible countermeasures more fully during the application preparation process. The countermeasure that provides the best benefit to cost ratio will be included in the application.
Staff is seeking council approval to move forward with the Highway Safety Improvement Program grant application, due September 9, 2024.
RECOMMENDED ACTION BY CITY COUNCIL
1. Provide staff direction regarding submission of the Cycle 12 HSIP grant application with Kern Street / 10th Avenue as the candidate project.
POLICY ALTERNATIVE(S)
1. The Council could choose to not submit an application.
REASON FOR RECOMMENDATION/KEY METRIC
1. Community Safety
2. Financial Stability
Meeting Date: 08/21/2024
Agenda Item: 9
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
1. Council adopted the Local Roads Safety Plan on August 7, 2024.
BACKGROUND INFORMATION
The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. §148) is one of the core federal-aid programs for funding transportation improvement projects. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.
HSIP funds are eligible for work on any public road or publicly owned bicycle or pedestrian pathway or trail, or on tribal lands for general use of tribal members, that improves the safety for its users. There are twenty-eight project categories identified as eligible as listed under 23 U.S.C. §148(a)(4)(B). No funding priority is assigned to the list.
The California Local HSIP program may place further restrictions on the eligibility of individual project categories to meet the most critical needs on California local roadways. It is the intent of the HSIP program that the HSIP funds be expended on safety projects that can be designed and constructed expeditiously. Projects must not require the acquisition of significant rights of way (not more than 10% of the construction cost), nor must they require extensive environmental review and mitigation.
For a project to be eligible for HSIP funding, a specific safety problem must be identified, and the proposed countermeasure(s) must substantially address the condition. All proposed projects must lead to and complete the construction of safety improvements.
The City of Kingsburg recently adopted a Local Roads Safety Plan which identifies facilities that have accident history that could benefit from implementation of safety improvement countermeasures to reduce the severity and frequency of accidents occurring at the roadway or intersection. The four intersections with the most significant accident history are:
• Sierra Street (SR 201) and Simpson – 26 crashes, 1 fatality • Kern Street and 10th Avenue – 10 crashes
• Stroud Avenue and 10th Avenue – 9 crashes
• Stroud and 18th – 6 crashes
Due to complexities with pursuing projects involving Caltrans and Union Pacific Railroad and the fact that any improvements to the Sierra Street (SR201) / Simpson Street intersection would be very costly, thus making an application less competitive, this location has been eliminated by staff as a project to pursue with HSIP funding.
Staff has identified Kern Street / 10th Avenue as a candidate HSIP project. Improvements being considered at this location include one of the following countermeasures:
• Traffic Signal installation
• Roundabout/traffic circle
• Installation of safety devices such as LED enhance stop signs, safety lighting, warning signs, and enhanced visibility striping.
Staff will develop these possible countermeasures more fully during the application preparation process. The countermeasure that provides the best benefit to cost ratio will be included in the application.
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? N/A
3. If Budgeted, Which Line? N/A
ATTACHED INFORMATION
1. Aerial photo of the location