Agenda — Kingsburg City Council, October 2, 2024

AGENDA

KINGSBURG CITY COUNCIL REGULAR MEETING
WEDNESDAY, OCTOBER 2, 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 Kingsburg City Council Agenda
October 2, 2024
Invocation to be given by Pastor John Dostal, Kingsburg Concordia Lutheran 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
None.

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. 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 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.

1. Approval of City Council Minutes: Approve the minutes from the September 18, 2024 Regular Council 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 September 10, 2024 through September 23, 2024 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

3. Waive the second reading and adopt Ordinance 2024-05 AN ORDINANCE OF THE CITY

OF KINGSBURG DETERMINING THE SALARIES AND COMPENSATION FOR CITY COUNCIL MEMBERS with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG DETERMINING THE SALARIES AND COMPENSATION FOR CITY COUNCIL MEMBERS.”
Sponsor: City Manager

4. Approve the Kingsburg Professional Firefighters Association MOU 2024-2026 Sponsor: Assistant City Manager’s Office
Kingsburg City Council Agenda
October 2, 2024

5. Approve the job description changes for Fire Captain/EMT, Fire Captain/Paramedic, Fire Engineer/EMT, Fire Engineer/Paramedic, Firefighter/EMT, Firefighter/Paramedic, Fire Administrative Analyst, and non-safety part-time Paramedic Sponsor: Fire Department

6. Approve the Salary Chart dated October 28, 2024.

Sponsor: Assistant City Manager’s Office

7. Authorize the City Manager to sign the Dispatch Service and 911 Answering Services Agreement with the Fresno County Sheriff’s Office
Sponsor: Police Department

8. Accept the FY 23-24 Streets Project and authorizing the City Engineer to file the Notice of Completion
Sponsor: City Engineer

REGULAR CALENDAR

9. Acceptance of Donation for Matioan Parcel APN 394-042-04 – Presentation by City Engineer Dave Peters
Sponsor: City Engineer
Recommendation: Action

10. Unlawful Camping and Obstruction of Public Rights Of Way Ordinance – Presentation by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Recommendation: Action

FUTURE AGENDA ITEMS
Council requests for future agenda items. Items require a consensus.

CITY MANAGER’S REPORT
Updates and/or reports by the City Manager.

COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.

ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING INTO CLOSED SESSION:

12. CONFERENCE WITH LABOR NEGOTIATORS
California Government Code Section 54957.6
City Designated Representative: Alexander Henderson
Employee Organization: Public Service Employees Association (KPSEA)

ADJOURN OUT OF CLOSE SESSION INTO REGULAR KINGSBURG CITY COUNCIL MEETING AND REPORT OUT OF CLOSED SESSION.

Kingsburg City Council Agenda
October 2, 2024

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 27th day of September 2024.
____________________________________
Abigail Palsgaard, City Clerk
Kingsburg City Council
Regular Meeting Minutes
September 18, 2024
Invocation was given by Pastor Rickey 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 6:02pm.

Council Members Present: Vince Palomar, Laura North, Staci Smith, and Mayor Brandon Pursell Jr.

Council Members Absent: David Silva.

APPROVE AGENDA – A motion was made by Council Member Palomar, seconded by Council Member Smith, to approve the agenda, as published. The motion carried by a unanimous voice vote of those present.

PRESENTATIONS AND INFORMATIONAL REPORTS: None.

PUBLIC COMMENT: None.

CONSENT CALENDAR: A motion was made by Council Member Smith, seconded by Council Member North, to approve the items appearing on the Consent Calendar. The motion carried by a unanimous voice vote of those present.

1. Approval of City Council Minutes: Approve the minutes from the September 4, 2024, Regular Council 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 August 27, 2024, through September 9, 2024, as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

3. Accept the SR 201 RRFB Improvements Project and authorize the City Engineer to file the Notice of Completion.

Sponsor: City Engineer

REGULAR CALENDAR
Kingsburg Health Care District Grant - Police Department – Presentation by Police Chief Neil Dadian
Sponsor: Police Department
Chief Neil Dadian presented the Kingsburg Health Care District Grant, where he recommended the council to accept a $68,000 grant that would help and benefit Kingsburg Police employees.

Chief Dadian is requesting this grant to allow a full mental and physical wellness check for all police employees. Full body scans are becoming a common practice for Public Safety employees. It would benefit police employes to get in front of potential health issues. As for the mental wellness check, it will be mandatory, however, it will be up to each employee whether they will engage in a conversation. The results would remain confidential and not go to Chief Dadian.

Council Member North asked for clarification regarding the mental wellness check, will it be once, once a year, or ongoing? Chief Dadian said it would be one time but would like to make it an annual visit.

Council Member Palomar wanted to know how the body scans would show injuries. Chief Dadian clarified that while it is outside his field of expertise, the body scan can show injuries and other health concerns. Employees could potentially take these results to their primary care and help correct any issues that come up. Chief Dadian wants to do everything he can do for current employees.

Mayor Pursell Jr. wanted to make sure this will not replace our EAP program and used in addition to our current EAP. Chief confirmed, it is on top of it.

A motion was made by Council Member North, seconded by Council Member Palomar, to authorize the acceptance of the Kingsburg healthcare District grant funding in the amount of $68,000 and authorize the City Manager to execute the agreement. The motion carried by a unanimous voice vote of those present.

Quarterly Crime Stats and General Police Update – Presentation by Police Chief Neil Dadian
Sponsor: Police Department
Chief Dadian presented the crime statistic for the months of July and August. Larceny (theft) is the biggest concern right now, and they are working on abating property crimes. Officers have more proactive calls for service compared to citizen called in calls for service. Another concern Chief Dadian addressed is the school shooting threats that have been circulating in Kingsburg.

Chief Dadian confirmed that the source was a student threatening violence against a teacher. The rest of the rumors have been false claims. Chief Dadian wants parents and students to know these threats are serious, and if anyone is perpetuating these rumors, they could be held responsible with search warrants, seizing their weapons, and potentially face being arrested. A training and hiring update was also given.

Chief Dadian highlighted the work of Detective Jennifer Colegio. Detective Colegio worked with FBI agents to arrest a Texas man exploiting two Kingsburg girls. Council Member Palomar thanked Detective Colegio for her work in the case.

Council thanked Chief Dadian and his department for our low crime in our city.

Informational, no action needed
Ordinance Determining the Salaries and Compensation – Presentation by Assistant City Manager Christina Windover
Sponsor: Assistant City Manager’s Office
Council remarked they discussed it enough at previous council meeting.

A motion was made by Council Member North, seconded by Council Member Palomar, to introduce Ordinance 2024-05, waive the first reading and pass the ordinance to a second reading and adoption. The motion carried by a unanimous voice vote of those present.

FUTURE AGENDA ITEMS
None.

CITY MANAGER’S REPORT
Housing Element has been certified.

COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Council Member North said the next BID meeting is October 1, 2024, the Chamber will meet October 8, 2024, and Center Point will be meeting here soon. She also reminded Council of the upcoming Crayfish festival that will be 5pm-10pm. The Chamber reviewed the bi-laws and voted to hire a 3rd party auditor.

Council Member Smith said the Community Services Commission is scheduled to meet 9/25/2024.

Council Member Palomar noted the Kingsburg Health Care District reviewed 2 letters of guidance regarding conduct and completed grant updates. EDC met agreed with moving forward with the business park sign improvement. Council Member Palomar also thanked Public Works for removing graffiti. Kingsburg High School graduate, Andrew Vorhees, is starting on the NFL Baltimore Ravens team. Council Member Palomar notes the Planning Commission meeting was canceled this month, will meet in October. SKF the PAC is going to review a basin for SKF Ground water recharging.

Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting at 6:42 PM.

Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:

Printed:
marshaa
9/26/2024 11:56 AM
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 09/13/2024
Beasley 8/30/24 Fire engine tow 218.38
Beasley 8/30/24 Drinks-Boom Truck Training 40.04
Beasley 8/30/24 Memorial Park fountain pump 1,003.39
Beasley 8/30/24 Fire engine tow 1,039.90
Beasley 8/30/24 Serving utensil- Dollar Tree 5.45
Colado 8/30/24 Staples: Finance Supplies 144.89
Colado 8/30/24 Allegiant-Springbrook:Hernandez, Alves, Franco 354.64 Colado 8/30/24 Vdara-Springbrook:Hernandez, Alves, Franco 405.62 Colado 8/30/24 Staples: Finance Supplies 144.89
Colado 8/30/24 Budget Award Application Fee 2024 345.00 Colado 8/30/24 Allegiant-Springbrook:Hernandez, Alves, Franco 354.64 Colado 8/30/24 Vdara-Springbrook:Hernandez, Alves, Franco 405.61 Colado 8/30/24 Hilton-Anaheim A. Colado Conference 443.32 Cstneda 8/30/24 Amazon-Senior Center supplies 37.07
Cstneda 8/30/24 Community Services Grammarly Subscription 144.00 Cstneda 8/30/24 Senior Center Ceramics Purchase 193.00
Cstneda 8/30/24 Hobby Lobby-Senior Center Supplies 238.16 Cstneda 8/30/24 Amazon-Senior Center supplies 34.58
Cstneda 8/30/24 Amazon-Senior Center Supplies 65.47
Cstneda 8/30/24 Senior FMAAA meal shortage-Son Hong Kong 81.45 Dadian 8/30/24 Park Mobile- Chief 1.99
Galvez 8/30/24 Google TV 72.99
Galvez 8/30/24 Military Flags-Vets Park 198.84
Galvez 8/30/24 Master lock Credit -756.46
Galvez 8/30/24 Boom Truck Training 201.61
Hrnandz 8/30/24 British Airlines- DISPUTING CHARGE 615.00 Hrnandz 8/30/24 Bereman's flowers for Madison's pinning 24.52 Hrnandz 8/30/24 Save mart cake/beverages for new FF/ Medic Madison 157.09 Hrnandz 8/30/24 Central Valley Arson Invest member- Osborne 8 40.00 Hrnandz 8/30/24 Grocery Outlet- Gatorade for Dept 268.65 Hrnandz 8/30/24 Remarkable - annual membership for tablet - Ro 29.00 Hrnandz 8/30/24 AFSS South- Quarterly training AI- RO 36.23 Hrnandz 8/30/24 Holiday Inn Express hotel Owens strike Team 8/15 1,199.28 Hrnandz 8/30/24 Central Valley Arson Invest member- Kenny 40.00 Hrnandz 8/30/24 Central Valley Arson Invest member- Kopas 40.00 Hrnandz 8/30/24 Holiday Inn Express hotel Owens strike Team 8/16 149.91 Hrnandz 8/30/24 Bookeo monthly membership for CPR classes 39.95 Hrnandz 8/30/24 Central Valley Arson Invest member- Osborne 40.00 Owen 8/30/24 Amazon-Office Supplies 47.19
Owen 8/30/24 Amazon-Comm Dev custom stamp 21.74
Owens 8/30/24 The Mill Casino hotel OR Strike Team Devin 178.08 Owens 8/30/24 Best Western Springfield OR Striketeam Woodley 9/21 393.24 Owens 8/30/24 Best Western Springfield OR Striketeam Woodley 190.97 Owens 8/30/24 The Mill Casino hotel OR Strike Team Woodley 178.08 Owens 8/30/24 The Mill Casino hotel OR Strike Team Owens 178.08 Owens 8/30/24 Hyatt Place OR- Strike Team Owens 794.80
Owens 8/30/24 Best Western Springfield OR Striketeam Devin 9/21 572.91 Ploszaj 8/30/24 American Airlines trvel Ins 21.43
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Ploszaj 8/30/24 Hilton hotel checkout (Alvarez) 431.62
Ploszaj 8/30/24 Hilton hotel checkout WLLE ( Padilla) 431.62 Ploszaj 8/30/24 Hilton hotel checkout WLLE (Ploszaj) 431.62 Ploszaj 8/30/24 Hilton hotel checkout WLLE (Burrola) 431.62 Ploszaj 8/30/24 American Airlines warrant served (Colegio) 377.97 Ploszaj 8/30/24 OSIG Surveillance Training (Gong) 679.80 Ploszaj 8/30/24 OSIG Surveillance Training (Jimenez) 679.80 Ploszaj 8/30/24 Hilton hotel checkout WLLE (Ruiz) 431.62 Ploszaj 8/30/24 Hilton hotel checkout WLLE (Colegio) 431.62 Ploszaj 8/30/24 KBMF- Visual station/video surveillance 621.15 Ploszaj 8/30/24 American Airlines travel to WLLE (Colegio) 397.98 Ploszaj 8/30/24 American Airlines trvel Ins 22.57
Ploszaj 8/30/24 RECONYX 21.80
Plsgard 8/30/24 BID Website-GoDaddy Website 88.68
Plsgard 8/30/24 Gas & Car Wash-Admin Car 58.61
Plsgard 8/30/24 CCAC 10/18/24 Taking Minutes Class Tuition 95.00 Plsgard 8/30/24 Hotel-8/22-8/23/24 CCAC Athenian Dialogue Hotel 270.72 Plsgard 8/30/24 Gas-Admin Car 51.90
Salinas 8/30/24 Margaritaville-FMPCA room deposit- Salinas 211.09 Salinas 8/30/24 Margaritaville-FMPCA parking fee 25.00
Stephen 8/30/24 Weather Tech- floor mats for Admin cars 525.89 Stephen 8/30/24 UPS store- vest carriers 77.22
Stephen 8/30/24 Cliffs Hotel-FMPCA 201.56
Wndover 8/30/24 CALPELRA-Membership 380.00
Wndover 8/30/24 CALPELRA-Conference Registration 890.00 Wndover 8/30/24 Civic Plus-Citizen Engagement 4,188.00
Total for this ACH Check for Vendor 4789: 23,129.08
86227 3006 AIRGAS NCN 09/13/2024
5510723791 Oxygen 8/31/24 1,120.36
9153412901 Oxygen 8/31/24 309.37
Total for Check Number 86227: 1,429.73
86228 4098 JENNIFER ALVAREZ 09/13/2024
Reimbursement WLLE Training Symposium E/A room charge 29.25 Total for Check Number 86228: 29.25
86229 3565 AMAZON CAPITAL SERVICES 09/13/2024
1FG3-3CXT-T417 DEPT SUPPLIES;NOTEBOOK;SILVERWARE 94.51
1PQW-YCVH-1TV7 STATION SUPPLIES COMFORTERS STN 2 170.52 1RMR-6X6Q-V4N4 GAS SHOCK STRUTS M501 18.62
1WQD-1749-JP1C EXPANDING FILE FOLDERS-BAVERY 32.64
Total for Check Number 86229: 316.29
86230 4545 AMAZON.COM SALES, INC. 09/13/2024
19PD-43JH-YLGF Clorox Bleach 32.42
1JFK-NKFK-3T79 Janitorial Supplies 170.42
1NYG-XVWC-4JWW iPad Pro Charger- Salinas 15.25
Total for Check Number 86230: 218.09
86231 3013 AMERICAN AMBULANCE 09/13/2024
3095406 Firemed Member Fagundes J 250.00
Total for Check Number 86231: 250.00
86232 3018 ANDERSON STRIPING & CONSTRUCTION INC 09/13/2024 AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
13413-1 Additional Street Striping Smith St 910.00
Total for Check Number 86232: 910.00
86233 4628 JOSEFINO AREVALO 09/13/2024
100724 Per Diem- Advanced Threat Assessment 20.00
Total for Check Number 86233: 20.00
86234 4307 AT & T MOBILITY 09/13/2024
287290402185x09 ACT Body Cam/MDT 80.48
287290402185x09 GF Body Cam/MDT 764.59
287290402185x09 ME Body Cam/MDT 201.20
287290402185x09 SRO E Body Cam/MDT 40.24
287290402185x09 SRO H Body Cam/MDT 40.24
287299577602x09 ME Cell 240.28
287299577602x09 SRO E Cell 49.08
287299577602x09 GF Cell 913.45
287299577602x09 ACT Cell 45.05
287299577602x09 SRO H Cell 49.08
Total for Check Number 86234: 2,423.69
86235 3029 AT&T CALNET 3 09/13/2024
22231680 Calnet Ban#9391065246 Fresno County Line 524.72 22239152 Phone Svc Charge 8/2/24-9/1/24 Acct. 559-897-6558 38.88 22239154 Phone Svc Charge 8/2/24-9/1/24 Acct. 559-897-6561 41.23 22239154 Phone Svc Charge 8/2/24-9/1/24 Acct. 559-897-8942 30.46 22239154 Phone Svc Charge 8/2/24-9/1/24 Acct. 559-897-2265 43.61 Total for Check Number 86235: 678.90
86236 4875 BOUND TREE MEDICAL LLC 09/13/2024
85466852 Medical Supplies 165.62
Total for Check Number 86236: 165.62
86237 3507 BOY SCOUTS OF AMERICA 09/13/2024
1419 Advisor -Post55 - Darius Rodriquez 95.00
Total for Check Number 86237: 95.00
86238 3056 CAL STATE TERMITE AND PEST 09/13/2024
0464852 2 Tin Cat Traps 50.00
463290 Fire Pest Control 35.00
463290 Pool Pest Control 71.50
463290 Police Pest Control 35.00
463290 Senior Center Pest Control 35.00
463290 Memorial/Downtown Pest Control 95.00
463290 Amb Pest Control 35.00
463290 Pool Pest Control 168.50
Total for Check Number 86238: 525.00
86239 4952 CAL-OSHA PENALTIES 09/13/2024
Sept. 1, 2024 City of Kingsburg Citation/Resolution Inspection #1647073 1,350.00 Total for Check Number 86239: 1,350.00
86240 3831 ADAM CASTANEDA 09/13/2024
Sept 2024 Monthly Cell Phone Sept 2024 75.00
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86240: 75.00
86241 4491 GABRIEL CASTELLANOS 09/13/2024
100724 Per Diem- Interview and Interrogation Techniques 69.00 Total for Check Number 86241: 69.00
86242 4861 CCLS, INC 09/13/2024
23026 INV#23026- Vets park Landscape Sept 2024 920.00
23026 INV#23026- Kings Estates Landscape Sept 2024 1,170.00 Total for Check Number 86242: 2,090.00
86243 4574 CHARLES TESTERMAN GENERAL ENGINEERING, INC. 09/13/2024 1282 INV#1282- Emergency Water line repair 21st and Erling 3,506.25 Total for Check Number 86243: 3,506.25
86244 3918 CINTAS 09/13/2024
Aug 2024 Uniforms-MN Public Works- 8/1/2024-8/31/2024 168.56 Aug 2024 Uniforms-MN Public Works- 8/1/2024-8/31/2024 78.90 Aug 2024 Uniforms-MN Public Works- 8/1/2024-8/31/2024 88.66 Aug 2024 Uniforms-MN Public Works- 8/1/2024-8/31/2024 586.81 Aug 2024 Uniforms-MN Public Works- 8/1/2024-8/31/2024 798.24 Total for Check Number 86244: 1,721.17
86245 3102 CITY OF SELMA 09/13/2024
3269 Animal Control Services July 2024 5,000.00
3271 Animal Control Services Aug 2024 5,000.00
Total for Check Number 86245: 10,000.00
86246 3822 ALMA COLADO 09/13/2024
Sept 2024 Monthly Cell Phone Sept 2024 75.00
Total for Check Number 86246: 75.00
86247 4448 CORE & MAIN 09/13/2024
V552267 Flangs/Rings 99.81
V552323 Hydrant Wrench 146.46
Total for Check Number 86247: 246.27
86249 4750 DANIEL DELONG 09/13/2024
104 Tint doors and back windows 2021 F250 275.00
104 Tint doors and back windows 2019 F250 275.00
104 Tint doors and back windows 2022 F150 275.00
Total for Check Number 86249: 825.00
86250 3142 DELRAY TIRE & RETREADING 09/13/2024
500150642 wheel balance A502 307.55
Total for Check Number 86250: 307.55
86251 4229 EBA&M CORPORATION 09/13/2024
Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 480.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 40.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 26.80 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 550.00 AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 10.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 146.80 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 105.20 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 316.80 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 51.20 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 30.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 40.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 68.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 249.60 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 13.60 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 90.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 40.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 92.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 100.00 Sept 2024 Monthly Premium for Medical Cards 9/1/24-9/30/24 40.00 Total for Check Number 86251: 2,490.00
86252 4615 EMERALD TEXTILES SERVICES 09/13/2024
EFRE-00176427 Laundry Service 278.26
EFRE-00179609 Laundry Service 283.72
Total for Check Number 86252: 561.98
86253 3765 EWING IRRIGATION 09/13/2024
23276019 HASH Irrigation timers 288.27
Total for Check Number 86253: 288.27
86254 4609 FIVE CREATIVE GROUP 09/13/2024
34696 BID Quarterly Website Update June- Aug/2024 300.00 Total for Check Number 86254: 300.00
86255 3188 FRESNO COUNTY SHERIFF 09/13/2024
SO21994 Dispatch Contract Services (Sep) 17,528.57
SO21994 RMS/JMS Access Fees (Sep) 150.10
Total for Check Number 86255: 17,678.67
86256 3721 DEREK GAGNON 09/13/2024
1072024 Per Diem- POST Leadership&Accountability (balanced owed) 12.00 1072024 Per Diem- Assertive Supervision (balanced owed) 18.00 Total for Check Number 86256: 30.00
86257 4492 MONIQUE GONZALES 09/13/2024
100724 Per Diem- Interview and Interrogation Techniques 69.00 Total for Check Number 86257: 69.00
86258 3219 HEALTHWISE SERVICES 09/13/2024
187227 Kiosk Manifest #1534705 8/9/2024 173.75
Total for Check Number 86258: 173.75
86259 3222 HENRY SCHEIN, INC. 09/13/2024
12783909 Medical Supplies 147.62
13623700 Medical Supplies 44.04
13625283 Medical Supplies 211.56
1362835 Medical Supplies 45.46
13654915 Medical Supplies 254.81
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
13802508 Medical Supplies 9.40
13960582 Medical Supplies 393.43
Total for Check Number 86259: 1,106.32
86260 4497 ROLINDA HERNANDEZ 09/13/2024
per diem AFSS South- Quarterly training- Per diem Pismo 87.00 Total for Check Number 86260: 87.00
86261 3999 IRON MOUNTAIN 09/13/2024
JSMX605 Shred Services 7/24-8/27 102.53
Total for Check Number 86261: 102.53
86262 4830 JC LAND MANAGEMENT INC 09/13/2024
1351 INV#1351 Iandscape Feb 2024 6,572.20
1881 INV#1881 Irrgation replacement Simpson and Sierra Drip 7,891.36 Total for Check Number 86262: 14,463.56
86263 4826 CHRISTIAN JIMENEZ 09/13/2024
Per Diem Per Diem- Breacher First Responders 23.00
Per Diem Per Diem- Advanced Threat Assessment 10/7 20.00 Total for Check Number 86263: 43.00
86264 3242 JOE SAUBERT INC. 09/13/2024
52889 Repair-Fire #1 Women Restroom 8/28/24 345.00
Total for Check Number 86264: 345.00
86265 3329 JOLENE POLYACK MARKETING 09/13/2024
3268 Econ Dev. Aug 2024 3,300.00
3268 Dala Dollars domain renewal 22.17
Total for Check Number 86265: 3,322.17
86266 3244 JORGENSEN & CO. 09/13/2024
6148508 City Hall Fire Extinguishers Service 129.90
6150359 Boom Truck-harness/lanyard 536.16
6150432 Boom Training Training 900.00
Total for Check Number 86266: 1,566.06
86267 4440 J'S MOBILE DETAILING INC 09/13/2024
000550 Wash/Shampoo PW #652 & #650 195.00
Total for Check Number 86267: 195.00
86268 3248 KAHN, SOARES & CONWAY, LLP 09/13/2024
17918 Professional Svc- General Retainer Aug 2024 6,375.00 17918 Professional Svc- General Retainer Aug 2024 600.00 17918 Professional Svc- General Retainer Aug 2024 525.00 Total for Check Number 86268: 7,500.00
86269 3249 KAISER FOUNDATION HEALTH PLAN INC09/13/2024
Oct 2024 Medical Ins. Premium Oct 2024 4,882.10
Total for Check Number 86269: 4,882.10
86270 3253 KINGSBURG CHAMBER OF COMMERCE09/13/2024
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Sept 2024 Monthly Budget Allowance Sept 2024 2,500.00
Total for Check Number 86270: 2,500.00
86271 3254 KINGSBURG CHEVRON 09/13/2024
9263 Aug 2024 GF Car Washes 200.00
9263 Aug 2024 ME Car Washes 100.00
9263 Aug 2024 SRO E Car Washes 10.00
9263 Aug 2024 ACT Car Washes 15.00
9263 Aug 2024 SRO H Car Washes 5.00
Total for Check Number 86271: 330.00
86272 3625 KINGSBURG MEDIA FOUNDATION 09/13/2024
CWM11958 Service Agreement Sept 2024 115.00
CWM11958 Service Agreement Sept 2024 325.00
CWM11958 Service Agreement Sept 2024 208.33
CWM11958 Service Agreement Sept 2024 270.08
CWM11958 Service Agreement Sept 2024 70.83
CWM11958 Service Agreement Sept 2024 13.91
CWM11958 Service Agreement Sept 2024 298.10
CWM11958 Service Agreement Sept 2024 400.00
CWM11958 Service Agreement Sept 2024 663.16
CWM11958 Service Agreement Sept 2024 75.00
CWM11958 Service Agreement Sept 2024 1,186.46
CWM11958 Service Agreement Sept 2024 115.00
CWM11958 Service Agreement Sept 2024 519.76
CWM11958 Service Agreement Sept 2024 520.33
CWM11958 Service Agreement Sept 2024 27.41
CWM11958 Service Agreement Sept 2024 115.00
CWM11958 Service Agreement Sept 2024 147.20
CWM11958 Service Agreement Sept 2024 69.55
CWM11958 Service Agreement Sept 2024 94.09
CWM11958 Service Agreement Sept 2024 165.79
CWM11987 Phones Sept 2024 153.59
CWM11987 Phones Sept 2024 29.06
CWM11987 Phones Sept 2024 17.00
CWM11987 Phones Sept 2024 240.00
CWM11987 Phones Sept 2024 324.53
CWM11987 Phones Sept 2024 6.70
CWM11987 Phones Sept 2024 48.50
CWM11987 Phones Sept 2024 23.00
CWM11987 Phones Sept 2024 125.94
CWM11987 Phones Sept 2024 60.00
CWM11987 Phones Sept 2024 120.83
CWM11987 Phones Sept 2024 48.50
CWM11987 Phones Sept 2024 114.80
CWM11987 Phones Sept 2024 48.50
CWM11987 Phones Sept 2024 181.69
CWM11987 Phones Sept 2024 62.08
CWM11987 Phones Sept 2024 112.50
CWM11987 Phones Sept 2024 3.40
CWM11987 Phones Sept 2024 19.38
CWM11988 Internet Sept 2024 16.67
CWM11988 Internet Sept 2024 10.05
CWM11988 Internet Sept 2024 162.50
CWM11988 Internet Sept 2024 50.23
CWM11988 Internet Sept 2024 20.00
CWM11988 Internet Sept 2024 117.57
CWM11988 Internet Sept 2024 20.00
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CWM11988 Internet Sept 2024 19.80
CWM11988 Internet Sept 2024 37.50
CWM11988 Internet Sept 2024 47.35
CWM11988 Internet Sept 2024 25.60
CWM11988 Internet Sept 2024 189.47
CWM11988 Internet Sept 2024 67.95
CWM11988 Internet Sept 2024 20.00
CWM11988 Internet Sept 2024 213.83
CWM11988 Internet Sept 2024 50.75
CWM11988 Internet Sept 2024 279.17
CWM11988 Internet Sept 2024 76.56
CWM11989 E-mail Sept 2024 17.25
CWM11989 E-mail Sept 2024 89.00
CWM11989 E-mail Sept 2024 42.10
CWM11989 E-mail Sept 2024 134.31
CWM11989 E-mail Sept 2024 76.67
CWM11989 E-mail Sept 2024 6.98
CWM11989 E-mail Sept 2024 4.98
CWM11989 E-mail Sept 2024 79.57
CWM11989 E-mail Sept 2024 0.42
CWM11989 E-mail Sept 2024 74.75
CWM11989 E-mail Sept 2024 188.60
CWM11989 E-mail Sept 2024 33.66
CWM11989 E-mail Sept 2024 42.10
CWM11989 E-mail Sept 2024 42.10
CWM11989 E-mail Sept 2024 24.88
CWM11989 E-mail Sept 2024 53.89
CWM11989 E-mail Sept 2024 30.81
CWM11989 E-mail Sept 2024 318.32
CWM11989 E-mail Sept 2024 9.81
CWM11989 E-mail Sept 2024 98.80
Total for Check Number 86272: 9,934.00
86273 3260 KINGSBURG VETERINARY CLINIC 09/13/2024
691186 Office Visit- Euthanasia 254.25
Total for Check Number 86273: 254.25
86274 4982 KROEKER PUMP SERVICE 09/13/2024
14853 INV#14853 Well #9 pump replacement 36,018.50
14854 INV#14854 Well #9 checkvalve replacement 4,035.11 14855 INV#14855 Well #9 6"inch Pipe replacement 2,372.69 14856 INV#14856 Well #9 Motor Overload control 1,353.53 Total for Check Number 86274: 43,779.83
86275 3784 LEXIPOL, LLC 09/13/2024
INVFLEX11235590 Annual Fire/Training Policy/Bulletins Renewal 2,973.30 INVFLEX11235590 Annual Fire/Training Policy/Bulletins Renewal 2,973.30 Total for Check Number 86275: 5,946.60
86276 3277 LINCOLN AQUATICS 09/13/2024
Q2028595 Pool Chlorine 9/6/24 1,424.41
Total for Check Number 86276: 1,424.41
86277 5024 LOKES, INC 09/13/2024
12510 Vehicle Maint U142,change Air FIlter 231.12
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86277: 231.12
86278 5031 MSA SAFETY SALES, LLC 09/13/2024
963885588 SCBA TRaining Class Anthony 1,400.00
Total for Check Number 86278: 1,400.00
86279 3307 NELSON'S ACE HARDWARE-SELMA 09/13/2024
74418 Keykrafter #24 rubberhead x2 14.36
Total for Check Number 86279: 14.36
86280 4876 OAT & OAK LLC 09/13/2024
72254 BID Social Media Manager Aug. 2024 2,500.00
Total for Check Number 86280: 2,500.00
86281 4763 AJ O'CONNELL 09/13/2024
08/21/2024 Airfare- FAT-DEN AJ- 11/17-11/22/24 Fire Inspector Academy 302.96 Total for Check Number 86281: 302.96
86282 3312 O'REILLY AUTO PARTS 09/13/2024
4445-473581 Cabin Filter #136 15.19
Total for Check Number 86282: 15.19
86283 4583 CIERA ORTIZ 09/13/2024
09/09/2024 Educational Assistance Program Reimbursement 543.00 Total for Check Number 86283: 543.00
86284 3611 HOLLY OWEN 09/13/2024
Sept 2024 Monthly Cell Phone Sept 2024 75.00
Total for Check Number 86284: 75.00
86285 3315 P G & E 09/13/2024
08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 1,064.19 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 57,656.57 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 46.02 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 438.77 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 422.97 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 6,183.62 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 703.83 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 45.34 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 2,702.32 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 10.51 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 5,989.63 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 758.15 08/26/2024 Electricity 7/25/24-8/25/24 Acct. 7543447781-8 260.94 08/27/2024 Electricity 7/26/24-8/26/24 Acct. 9285082237-7 130.28 08/28/2024 Electricity 7/29/24-8/27/24 Acct. 7371161282-7 1,273.75 08/28/2024 Electricity 7/29/24-8/27/24 Acct. 7371161282-7 1,273.75 08/29/2024 Electricity 7/30/24-8/28/24 Acct #1628344672-8 1,267.27 Total for Check Number 86285: 80,227.91
86286 4885 PACIFIC SHREDDING 09/13/2024
5225361 City Hall paper shredding services Aug 2024 25.20 5225361 City Hall paper shredding services Aug 2024 25.20 AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86286: 50.40
86287 4829 BRAYDAN PADAVICK 09/13/2024
10142024 Per Diem- Breacher First Responder Course 23.00 Total for Check Number 86287: 23.00
86288 3450 ABIGAIL PALSGAARD 09/13/2024
Sept 2024 Monthly Cell Phone Sept 2024 75.00
Total for Check Number 86288: 75.00
86289 3321 PETERS ENGINEERING GROUP 09/13/2024
11369 TTM 6167 Const. 3,371.28
11370 Tract 6421 Plancheck 110.00
11371 Tract 6421 Con Phase 2,917.86
11372 2020-01 SOHAL Apts 420.00
11373 1976 Morgan Drive 220.00
11374 Sierra St RRFB Con Phase 5,600.10
11375 Senior Center Kitchen Remodel 8,950.20
11376 SPR 22-07 Westar 411.45
11377 Matoian Split 2,355.00
11378 SPR El Portillo 699.50
11379 Kings Estates Phase V 1,380.00
11380 Starbucks 1,200.00
11381 Misc Engineering Services 10,721.17
11382 Encroachment Permits 3,548.44
11383 City-Wide Park Improvement 7,911.00
11384 Frontage Road Drainage Repairs 657.50
11385 Senior Apts. 10th Ave 780.00
11386 KCAPS LLA 230.00
11387 Irigoyen Office 660.00
11388 Water System Improv 28,040.00
11389 Phase 1 TOD Improvements 5,292.00
11390 FY 23-24 Streets Project 14,969.50
11391 Mariposa St CDBG Project 11,400.00
11392 City Engineering Services 1,500.00
11393 Local Road Safety Plan 18,000.00
11394 Laurel Dog Park 27,125.00
Total for Check Number 86289: 158,470.00
86290 3334 PROFESSIONAL PRINT & MAIL, INC 09/13/2024
122332 Statement- Delinquent Notices Aug 2024 110.31
122332 Statement- Delinquent Notices Aug 2024 110.32
122386 Statement- Monthly Utility Bills Sept 2024 577.13 122386 Statement- Monthly Utility Bills Sept 2024 577.12 Total for Check Number 86290: 1,374.88
86291 3335 PROFORCE LAW ENFORCEMENT 09/13/2024
556751 SIG P365 Accessories- Stephens 394.67
Total for Check Number 86291: 394.67
86292 3337 PROVOST & PRITCHARD 09/13/2024
110037 City of Kingsburg Focused General Plan Update 35,346.00 112294 Kings Estates V CEQA Document Prep 3,895.70
Total for Check Number 86292: 39,241.70
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
86293 5006 QUALITY LANDSCAPE CONSTRUCTION INC 09/13/2024 16219 HASH Landscape-hand held training repairs 190.00
Total for Check Number 86293: 190.00
86294 4490 ALEXIS RAMIREZ-SERRATO 09/13/2024
0932024 Per Diem- ICI Adv Gang Investigations -POSTPlan IV 473.50 Total for Check Number 86294: 473.50
86295 5019 SEROLOGICAL RESEARCH INSTITUE 09/13/2024
case set up, evidence chain of custody, examination report, tech 5,950.00 Total for Check Number 86295: 5,950.00
86296 3543 SIERRA PACKAGING SOLUTIONS 09/13/2024
90801 City Hall Janitorial Supplies Return -165.48
91460 City Hall Janitorial Supplies 251.59
Total for Check Number 86296: 86.11
86297 3369 SILVAS OIL COMPANY, INC. 09/13/2024
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 445.71
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 47.97
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 155.94
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 108.32
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 161.08
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 150.00
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 47.97
193740CT PW & CH Gas Card Chrgs 8/16-8/31/24 190.22
193741CT GF Fuel 8/16/8/31 1,181.96
193741CT ACT Fuel 8/16/8/31 350.85
193741CT SRO E Fuel 8/16/8/31 93.45
193741CT ME Fuel 8/16/8/31 2,269.00
193741CT SRO H Fuel 8/16/8/31 71.63
193742CT Fuel Fire 1,217.99
193742CT Fuel Ambulance 1,218.00
193742CT Fuel Measure E 1,218.00
Total for Check Number 86297: 8,928.09
86298 4262 SILVERFOX ELECTRIC, INC. 09/13/2024
3334 PW Yard/ Senior Center outlets 401.83
Total for Check Number 86298: 401.83
86299 3378 STAPLES ADVANTAGE 09/13/2024
6010627623 Office Supplies 55.88
6010627625 Janitorial Supplies 204.62
6010627626 Kitchen Supplies 121.98
6010627627 Copier Paper 99.15
6010627628 Janitorial Supplies 75.63
6010627629 Office Supplies 43.14
60110627630 Office Supplies 353.48
Total for Check Number 86299: 953.88
86300 3484 SWANK MOTION PICTURE, INC. 09/13/2024
3675039 City Movie Series @ the pool 360.00
3681114 City Movie Series @ the pool 360.00
3684839 City Movie Series @ the pool 360.00
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
3690435 City Movie Series @ the pool 360.00
3693975 City Movie Series @ the pool 360.00
Total for Check Number 86300: 1,800.00
86301 4827 SWEEPING CORP OF AMERICA LLC 09/13/2024
2024-007336 Air Sweep for the month of Aug 2024 14,950.00 2024-007336 Steets, Medians, and Sub-divisions Aug 2024 3,000.00 2024-007336 Subdivision 16th & Kern Aug 2024 650.00
2024-007336 Kings Crossing Aug 2024 250.00
2024-007336 Subdivison Kamm & S. Academy Aug 2024 325.00 Total for Check Number 86301: 19,175.00
86302 3389 STATE WATER RESOURCES CONTROL BOARD SWRCB - DWOCP 09/13/2024 09/11/2024 Boyd T3 Cert 90.00
Total for Check Number 86302: 90.00
86303 4495 TENT CITY CANVAS HOUSE 09/13/2024
106392-1 INV#106392-1 Athwal park shade replacement 7/30/2024 4,530.00 Total for Check Number 86303: 4,530.00
86304 3396 THE BUSINESS JOURNAL 09/13/2024
2024-3240 Newspaper publication Housing Element & General Plan 406.25 2024-3241 Newspaper publication Building Permits Considered for Approval 406.25 2024-3649 PH Chpt. 15.07 & 17.92 Ordinance 487.50
2024-3650 PH Budget FY 24/25 325.00
Total for Check Number 86304: 1,625.00
86305 4788 TOWNSEND PUBLIC AFFAIRS INC. 09/13/2024
22126 Consulting services for the month of Sept 2024 6,500.00 Total for Check Number 86305: 6,500.00
86306 3416 VERIZONWIRELESS 09/13/2024
9971535247 Wireless bill 7/16-8/15 1,148.23
Total for Check Number 86306: 1,148.23
86307 3419 VIKING CLEANING SERVICE 09/13/2024
Sept 2024 Janitorial Services Sept 2024 3,714.23
Total for Check Number 86307: 3,714.23
86308 3493 VILLAGE TIRE SALES INC 09/13/2024
24097 Flat tire-Repair #741 Ranger 25.00
Total for Check Number 86308: 25.00
86309 4441 VULCAN MATERIALS CO. WESTERN DIVISION 09/13/2024 1589275 Bulk Sand PW 156.24
Total for Check Number 86309: 156.24
86310 3469 WECO SUPPLY CO., INC. 09/13/2024
974546 PW Cyl Rental 8/31/24 33.48
Total for Check Number 86310: 33.48
86311 4463 WHITE CAP 09/13/2024
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 12 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
50028009271 Hydration Packs for Strike Team 645.78
Total for Check Number 86311: 645.78
86312 3448 CHRISTINA WINDOVER 09/13/2024
Sept 2024 Monthly Cell Phone Sept 2024 75.00
Total for Check Number 86312: 75.00
86313 3430 BETTY WONG, 09/13/2024
Sept 2024 Wong Building Leases Sept 2024 2,600.00
Total for Check Number 86313: 2,600.00
86314 3433 EVA ZIMMERMAN 09/13/2024
09102024 Per Diem- CAPE Training- New Laws 19.00
Total for Check Number 86314: 19.00
Total for 9/13/2024: 513,888.95
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 09/20/2024
PR Batch 00002.09.2024 457 Percent - Mission Square PR Batch 00002.09.2024 457 Percent - Mission Square 729.65 PR Batch 00002.09.2024 457 Mission Square PR Batch 00002.09.2024 457 Mission Square 5,491.92 Total for this ACH Check for Vendor 3231: 6,221.57
ACH 3470 Internal Revenue Service - ACH 09/20/2024
PR Batch 00002.09.2024 Medicare Employer Portion PR Batch 00002.09.2024 Medicare Employer Portion 4,380.21 PR Batch 00002.09.2024 FICA Employer Portion PR Batch 00002.09.2024 FICA Employer Portion 18,201.91 PR Batch 00002.09.2024 Federal Income Tax PR Batch 00002.09.2024 Federal Income Tax 29,336.17 PR Batch 00002.09.2024 FICA Employee Portion PR Batch 00002.09.2024 FICA Employee Portion 18,201.91 PR Batch 00002.09.2024 Medicare Employee Portion PR Batch 00002.09.2024 Medicare Employee Portion 4,380.21 Total for this ACH Check for Vendor 3470: 74,500.41
ACH 3471 Employment Development Department - ACH09/20/2024 PR Batch 00002.09.2024 State Income Tax PR Batch 00002.09.2024 State Income Tax 12,030.11 PR Batch 00002.09.2024 CA SDI PR Batch 00002.09.2024 CA SDI 2,976.82 Total for this ACH Check for Vendor 3471: 15,006.93
ACH 3472 CalPERS - ACH 09/20/2024
PR Batch 00002.09.2024 PERS Safety Fire PEPRA ER PR Batch 00002.09.2024 PERS Safety Fire PEPRA ER 6,187.44 PR Batch 00002.09.2024 PERS Misc. PEPRA PR Batch 00002.09.2024 PERS Misc. PEPRA 4,131.20 PR Batch 00002.09.2024 PERS Safety Police PEPRAPR Batch 00002.09.2024 PERS Safety Police PEPRA 9,255.14 PR Batch 00002.09.2024 PERS Misc. Classic PR Batch 00002.09.2024 PERS Misc. Classic 2,591.89 PR Batch 00002.09.2024 PERS Safety Fire PEPRAPR Batch 00002.09.2024 PERS Safety Fire PEPRA 5,741.54 PR Batch 00002.09.2024 PERS Safety Police ER PR Batch 00002.09.2024 PERS Safety Police ER 3,631.65 PR Batch 00002.09.2024 PERS Misc. Classic ER PR Batch 00002.09.2024 PERS Misc. Classic ER 4,479.23 PR Batch 00002.09.2024 PERS Safety Police PEPRPR Batch 00002.09.2024 PERS Safety Police PEPR A ER A ER 8,820.11 PR Batch 00002.09.2024 PERS Safety Fire -ClassicPR Batch 00002.09.2024 PERS Safety Fire -Classic 1,087.88 PR Batch 00002.09.2024 PERS Misc. PEPRA ER PR Batch 00002.09.2024 PERS Misc. PEPRA ER 4,195.17 PR Batch 00002.09.2024 PERS Safety Police PR Batch 00002.09.2024 PERS Safety Police 1,398.93 PR Batch 00002.09.2024 PERS Safety Fire ER PR Batch 00002.09.2024 PERS Safety Fire ER 2,836.77 Total for this ACH Check for Vendor 3472: 54,356.95
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 09/20/2024 PR Batch 00002.09.2024 Child Support PR Batch 00002.09.2024 Child Support 264.92 AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 13 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor 3476: 264.92
ACH 4707 ICMA-WIRE 401(A) 09/20/2024
PR Batch 00002.09.2024 Def Comp 401(a) ICMAPR Batch 00002.09.2024 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
86315 3660 KPFA 09/20/2024
PR Batch 00002.09.2024 Professional Firefighters Asc. PR Batch 00002.09.2024 Professional Firefighters Asc. 680.00 Total for Check Number 86315: 680.00
86316 3525 Kingsburg Police KPOA 09/20/2024
PR Batch 00002.09.2024 KPOA Union Dues PR Batch 00002.09.2024 KPOA Union Dues 1,060.00 Total for Check Number 86316: 1,060.00
Total for 9/20/2024: 152,340.78
Report Total (96 checks): 666,229.73
AP Checks by Date - Detail by Check Date (9/26/2024 11:56 AM) Page 14

CITY COUNCIL STAFF REPORT
REPORT TO: Mayor Pursell Jr. & City Council

REPORT FROM: Alexander J. Henderson, ICMA-CM REVIEWED BY: CW AGENDA ITEM: Ordinance 2024 - Determining the Salaries And Compensation for City Council Members
ACTION REQUESTED: __Ordinance ___Resolution _ Motion ___Receive/File

EXECUTIVE SUMMARY
While salaries for Councilmembers have been adjusted over time, there has not been an update since October 2002. The rate, set in 2002, of $200 per month for Councilmembers was still $100 per month below what State law would have allowed Kingsburg to adopt as a General law city in 1984. A summary of comparative salaries for councilmembers of neighboring jurisdictions is included in your packet.

Article II, Section 2.06 of the Kingsburg City Charter provides guidance regarding City Council Compensation and Expenses.

Section 2.06. - City Council Compensation and Expenses
The compensation and expenses of the Council shall be in accordance with State law and the provisions of this Charter.

A. City Council to Determine. The City Council may determine the salary and compensation of the Mayor, Mayor Pro Tem, and Councilmembers by ordinance, but no ordinance increasing such salary or compensation shall become effective until the commencement of the terms of Councilmembers elected at the next regular Council election.

B. Expense Reimbursement. The Mayor, Mayor Pro Tem and Councilmembers shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office, such reimbursement to be made pursuant to a schedule of expenses adopted by the Council by resolution, which schedule shall be applicable uniformly to the Council and all City employees and officers.

During the September 4, 2024 regular meeting, Council directed staff to craft an updated ordinance that set councilmember wages at $700 per month, which would take effect beginning in January 2025, after councilmembers are seated following the certification of the next General Election, set for November 5, 2024.

During the September 18, 2024 regular meeting, Council waived the first reading of Ordinance 2024-05 and passed the ordinance to a second reading.

RECOMMENDED ACTION BY CITY COUNCIL

1. Waive the second reading and adopt Ordinance 2024-05 AN ORDINANCE OF THE CITY OF KINGSBURG DETERMINING THE SALARIES AND COMPENSATION FOR CITY COUNCIL MEMBERS with the following recital constituting reading the title of the Ordinance:

Meeting Date: 10/02/2024
Agenda Item: 3
“AN ORDINANCE OF THE CITY OF KINGSBURG DETERMINING THE SALARIES AND COMPENSATION FOR CITY COUNCIL MEMBERS.”

POLICY ALTERNATIVE(S)

1. City Council could choose to not adopt the ordinance and provide additional direction to staff.

REASON FOR RECOMMENDATION/KEY METRIC

1. Financial Stability

2. Preserve the Kingsburg Experience

FINANCIAL INFORMATION
The adopted FY25 includes a budgeted amount for the currently monthly councilmember and Mayor stipend.

If the updated ordinance is adopted, staff will prepare a budget amendment to account for the new amount for the remainder of the fiscal year.

PRIOR ACTION/REVIEW
Compensation for Councilmembers has been adjusted periodically since 1966. The last update was completed in 2002. A complete summary of actions to date is included as part of Ordinance No. 2002-03.

During the September 4, 2024 regular meeting, Council directed staff to craft an ordinance that set councilmember wages at $700 per month.

During the September 18, 2024 regular meeting, Council waived the first reading of Ordinance 2024-05 and passed the ordinance to a second reading.

BACKGROUND INFORMATION
Recently, the California League of Cities sponsored a bill, Senate Bill 329, which is applicable to General Law cities (Kingsburg became a Charter City in 1998) that identified relevant reasoning for providing fair city councilmember compensation.

Namely, State Senator Dodd (who is the author of SB 329) wrote in introducing the bill:
“City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently. Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent and I believe raising their compensation is an important step to achieving that equitable outcome."

On June 29, 2023, Governor Newsom signed Senate Bill 329 (SB 329). The bill allows cities a one-time opportunity to “reset” city council salaries to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office. The salary increases, or "reset" is based on each cities' population size.

Pursuant to SB 329, the new base pay amount for City Councilmembers in cities with populations up to 35,000 FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Partially

3. If Budgeted, Which Line? 001-1000-519-5101
can be up to $950 per month. That works out to up to $11,400 per year per City Councilmember, which would be an annual total of $57,000 inclusive of all five City Councilmember salaries.

While Kingsburg, as a Charter city, is not beholden to SB329, the reasoning and purpose of the bill is still relevant. As such, staff presented this information to the Finance Committee on August 19, 2024 and the Committee made the recommendation to bring this discussion to the City Council.

ATTACHMENTS

1. Proposed Ordinance 2024-05

2. Ordinance No. 2002-03

3. Council Increase Memo

4. Council Compensation Study
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28 ORDINANCE NUMBER 2024 - 05

AN ORDINANCE OF THE CITY OF KINGSBURG

DETERMINING THE SALARIES AND COMPENSATION

FOR CITY COUNCIL MEMBERS
WHEREAS, Section 2.06(A) of the Charter of the City of Kingsburg (“Charter”) states the City Council may determine the amount of salary and compensation of the Mayor, Mayor Pro Tem and City Council Members by ordinance. in accordance with the provisions of Section 2.06 of the Charter; and WHEREAS, Section 2.06 (B) of the Charter provides that any increase in the salaries and/or compensation established by Section 2.06 of the Charter shall not become effective before the ordinance adopting the same has taken effect and the City Council Members elected at a regular city council election have commenced their terms of office; and WHEREAS, on October 23, 2002, the Kingsburg City Council enacted Ordinance No. 2002-03 increasing City Council Member salaries to $200.00 per month and the Mayor’s salary to $300.00 per month. On January 1, 2007, City Council Member salaries were increased to $250.00 per month, however, the Mayor’s salary remained at $300.00 per month.

WHEREAS, Senate Bill 329, effective January 1, 2024, amended Government Code Section 36516 to increase the maximum salary for city council members of general law cities. The increases are based on population If Kingsburg was a general law city as opposed to a Charter City, maximum salary permitted for Kingsburg City Council Members would be $950.00 per month; and WHEREAS, Government Code Section 36516(d) provides that any amounts paid by a city to city council members for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining city council member salaries, provided that the same benefits are available and paid by the city for its employees; and WHEREAS, as noted by the State legislature in AB 329, the city council member compensation schedule for general law cities has not been adjusted since 1984, meaning that city council member compensation has not kept pace with inflation; and 2 1
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28 WHEREAS, allowing adjustments for inflation may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income for their service as city council members to help ensure that they can continue to serve the public and support their families; and
WHEREAS, increasing compensation for City Council Members reflects the significant time commitment required to serve as a Kingsburg City Council Member; and WHEREAS, allowing City Council Members to receive benefits similar to those received by City staff is consistent with Section 36516 and furthers the goal of increasing access to service on the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: In accordance with Section 2.06 of the City Charter all Kingsburg City Council Members including the Mayor, shall receive a salary of $700.00 per month effective January 1, 2025, when a new term of office for any City Council Member commences.

Section 2: This ordinance shall take effect thirty (30) days after its passage and shall be posted in three public places in the City of Kingsburg within fifteen (15) days after its passage. ////
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28 PASSED AND ADOPTED at 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

NOES: Council Member
ABSTAIN: Council Member
ABSENT: Council Member
APPROVED ___________________________
Mayor
ATTEST: _________________________
City Clerk

STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss

CITY OF KINGSBURG )
I, ABIGAIL PALSGAARD, City Clerk of the City of Kingsburg, do hereby certify 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: __________________________ _________________________________ Abigail Palsgaard, City Clerk

Date:

To:

From:

MEMO
January 4,2007
Grace Reyna
Don Jenseq Finance Dire,ctor
Subject: Council Members compensation
As ofthe January chech paid by Jan 10ft 2007 eaphcouncilman's pay shall be $250 per month. The mayors compensation remains at $300 per month. This change is per the 06-07 budget to take place after the council reorganization of December 2006.

The next payroll due by February rcth 2007 shall include the raise and a $50 retro payment forthe 4 councilmen.
,o1
n.b d
City Monthly Stipend CCM/Mayor
Corcoran $0.00
Tulare $5 regular meeting
Porterville $20/$25 regular meeting-max $140
Reedley $150.00
Fowler $150.00
Kerman $125 regular meeting + $50 special mts
Kingsburg $250/$300
Dinuba $300.00
Selma $300.00
Sanger $300/*$400 auto allowance
Chowchilla $300.00
Coalinga $450.00
Hanford $500.00
Parlier $500.00
Clovis $1,513.00

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Christina Windover, Assistant City Manager REVIEWED BY: AJH AGENDA ITEM: Kingsburg Professional Firefighters Association – MOU 2024-2026 ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File

EXECUTIVE SUMMARY
The council previously authorized the City Manager to enter negotiations with Kingsburg Professional Firefighters Association (KPFA). After two meetings between the city’s negotiating team and the KPFA representatives, we have reached a Tentative Agreement. Attached is the proposed Kingsburg Professional Firefighters Association (“KPFA”) Memorandum of Understanding (MOU) effective October 28, 2024 through December 31, 2026. I have also attached the KPFA 2022-2024 MOU for reference. Articles that have proposed changes are addressed below.

Article 1. Classification Titles:
• Addition of management rights language.

Article 2. Hours of Work and Overtime
• Update shift schedule language to reflect shifts relevant to department needs. • Define accrual rates for 40 hour work weeks and 56 hour work weeks (1.4 multiplier/divisor). • Change the FLSA work cycle to 24 days (instead of 28 days) and define payroll calculations. • Reduce Comp-time maximum cap from 480 to 360 and outline cash-out procedures.

Article 4. Holiday Pay:
• Define City recognized holidays and reduce the holiday premium to reflect the number of hours association members will receive premium pay for in lieu of the time off.

Article 5. Vacation:
• Add language limiting two (2) personnel off using vacation leave per shift. Deleted Bank 2 language.

Article 7. Sick Leave:
• Changes: Increase maximum cap to 1,120 hours. Remove Bank 2. Require good standing retirement from City service to cash out sick leave.

Article 8. Sick Leave Conversion:
• Increase sick leave conversion ration 1:1 sick days for 1 vacation day.

Article 9. Recall to Duty/Call Back Minimums:
• Require at least one of two firefighters to be a paramedic for daily minimum staffing. • Define acting requirements/procedures/ranks.

Article 14. Wage Increases:

Meeting Date: 10/02/2024
Agenda Item: 4

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o October 28, 2024: Salary Increases (see below) plus 0.38% increase for holiday in lieu pay Firefighter/EMT 10% base salary increase
Firefighter/Paramedic 13% base salary increase
Fire/Engineer 13% base salary increase
Fire Captain/EMT 13% base salary increase
Fire Captain/Paramedic 11% base salary increase
o July 1, 2025 3.0% base salary increase
o July 1, 2026 3.0% base salary increase
• Fire Engineer/EMT: Job description and top monthly salary of $6,467 to be created. • Remove language about Appendix A, MOU Incentive Plan and FFII Certificate requirements.

Article 15. Educational Incentive Program:
• Reduce the maximum education incentive premium pay to not exceed five percent (5%) base wages. • Remove Master of Science/Arts degree incentive premium pay.

Article 17 Term of MOU
• October 28, 2024 to December 31, 2026.

Reopener:
• Removed.

Article 19. Incentive Plan. Appendix A
• Established new Program Management/Special Assignments and accompanying premium pays for each. • Reduce maximum certification/assignment/education premium pay to not exceed fifteen percent (15%) of base wages (down from 20%).

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the Kingsburg Professional Firefighters Association MOU 2024-2026.

POLICY ALTERNATIVE(S)

1. Don’t approve the Kingsburg Professional Firefighters Association MOU 2024-2026 and provide direction to the City Manager.

REASON FOR RECOMMENDATION/KEY METRIC

1. Financial Stability

2. Community Safety

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Kingsburg Professional Firefighters Association MOU 2024-2026 (October 28, 2024 through December 31, 2026).

2. Kingsburg Professional Firefighters Association MOU; Redline Version from Previous MOU (2022-2024) FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? Varies
1 2024-2026

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF KINGSBURG AND THE

KINGSBURG PROFESSIONAL FIREFIGHTERS ASSOCIATION
This is a "Memorandum of Understanding" ("MOU") between the CITY OF KINGSBURG ("CITY") and the KINGSBURG PROFESSIONAL FIREFIGHTERS ASSOCIATION ("ASSOCIATION"). This MOU and applicable sections of the City's Personnel Rules and Regulations sets forth the full and only agreement on wages, hours and terms and conditions of employment that are subject to negotiations between the Association and the City. This MOU does not in any way modify, alter, and/or abrogate the City’s “Management Rights” as authorized by law. It is understood the Association retains all rights conferred on it by the Meyers-Milias-Brown Act (Gov. Code §§ 3500 et seq).

The City retains the exclusive right, subject to and in accordance with applicable laws and the provisions of this MOU, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer, assign and discipline employees; (c) to dismiss employees for reasonable cause pursuant to procedures outlined herein; (d) to determine the mission of its divisions and departments, and its budget, organization, number of employees and the numbers, types, descriptions and grades of positions or employees assigned to an organizational unit, and the methods and technology of performing its work; and (e) to take whatever action may be appropriate to carry out its mission in situations of emergency.

In addition, the City retains all the exclusive rights, subject only to the specific provisions of this MOU, and pursuant to State law, to take whatever actions and set whatever policies it deems appropriate.

ARTICLE 1.

ASSOCIATION/RECOGNITION
CITY has recognized ASSOCIATION as the exclusive representative of the full-time employees employed in the job classifications listed below. For purposes of this agreement a "full time employee" is (1) one who is regularly scheduled to work any one of the shifts designated in Article 2 below, normally an average of fifty-six (56) hours per week, and (2) has successfully completed the applicable probationary period.

CLASSIFICATION TITLES
Fire Captain/Paramedic
Fire Captain/EMT
Engineer/Paramedic
Engineer/EMT
Firefighter/Paramedic
Firefighter/EMT
Unless otherwise expressly stated, the singular or plural of the word “employee" as used in this

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MOU means "full-time employee" as defined above.

ARTICLE 2.

HOURS OF WORK AND OVERTIME
The following shifts are available for employees in the bargaining unit. Shifts will be assigned at the discretion of the Fire Chief.

One "shift" work schedule for employees shall be forty-eight (48) hours of assigned duty followed by ninety-six (96) hours off; and the workweek for that classification shall consist of an average of fifty-six (56) hours of work per week over a twenty-four (24) day period, including paid rest and meal periods. Employees that work a 56-hour work week shall work a shift schedule commonly referred to as the 2/4 schedule. This schedule has an annualized average work week of 56 hours and shall consist of each shift (A, B or C) working eight (8) twenty-four (24) hour shifts in a twentyfour (24) day work period. This schedule shall consist of (2) 24-hour shifts/contiguous forty-eight (48) hours on duty, followed by ninety-six (96) hours off duty. The work schedule is illustrated as follows with X = on duty and O = off duty: X-X-O-O-O-O-X-X-O-O-O-O-X-X-O-O-O-O-X-X-OO-OO. This schedule shall be on-going and repeat on a fixed and regular basis.

The normal, "relief" work schedule for employees shall consist of an average of fifty-six (56) hours of work per week over a twenty-four (24) day period, including paid rest and meal periods, with days and hours to be assigned as needed to cover scheduled and unscheduled absences from assigned shifts, back-up services or other assigned duties.

In order to uniformly convert time between 40 and 56 hour work weeks, one-fifth of the employee’s work week shall be used. The conversion factor for calculating the time is 1.4, i.e., when an employee moves from 56 to 40 hours per week, the employee’s accrual rates for vacation, sick, and CTO hours will be divided by the factor 1.4. When an employee moves from 40 to 56 hours per week, the employee’s accrual rates for vacation, sick, and CTO will be multiplied by 1.4.

The City shall have the right to require employees to work in order to maintain minimum staffing, provide City coverage during emergency situations, and provide special event/assignment coverage.

At no time shall the City be held responsible to pay an employee at the overtime rate for duty arising as a result of a shift trade requested or consented to by the employee.

All overtime work must be authorized by the Department Head in advance. Overtime for employees consists of overtime provided for in this MOU ("MOU Overtime") and overtime required by and calculated pursuant to the Federal Fair Labor Standards Act ("FLSA Overtime"). For the purpose of computing MOU Overtime, all hours in paid status shall be considered as hours worked; and MOU Overtime pay at the rate of one and one-half (1-1/2) times the employee's regular base wage

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hourly rate shall be paid pursuant to this MOU for all hours worked in excess of the above-described fifty-six (56) hour work week average, excluding voluntary full or partial shift trades. The standard FLSA section 7k work period for fire personnel assigned to the 48/96 work schedule is 182 hours in a 24-day FLSA cycle. For payroll purposes, the standard 14-day payroll period shall be paid as follows: one hundred twelve (112) regular hours (56 regular hours per week) 6 hours of FLSA hours paid out as half time (3 hours per week) for the additional hours above the 53-hour work week.

FLSA Overtime shall be computed and paid or accrued as required by law, utilizing the employee's regular base wage hourly rate. Under no circumstance shall employees receive double pay or accrual for overtime which qualifies for both MOU Overtime and FLSA Overtime.

Employees may elect to accrue compensatory time at the rate of one and one-half (1-1/2) times the number of overtime hours worked for all MOU Overtime and for such FLSA Overtime as may be allowed by law. The City shall have the choice in the manner of compensation. Employees shall be allowed to accumulate a maximum of 360 hours of unused CTO. CTO may not be used to take time off if it unduly disrupts operations. Employees with more than 360 hours of CT must use or cashout all hours above 360 hours by July 1, 2025. Any unused hours above 360 hours will be automatically cashed out on the second pay period in July 2025. Any employee who is separated from CITY service shall be entitled to payment for accrued compensatory time at the employee's regular hourly base wage rate at the time of the employee's separation, less all normal deductions.

Employees shall have the following option of cashing out of CTO hours: Twice each fiscal year each bargaining unit member may receive cash out up to 96 hours of his or her CTO. CTO payout will occur the first full pay period in July and January. Request for CTO cash out must occur 30 days prior.

ARTICLE 3.

EDUCATIONAL REIMBURSEMENT
All required state, county and department training and certifications required to perform job duties shall be paid for by the City. Reimbursements shall be paid solely for training courses or certificates the Fire Chief deems, in his discretion, to be of such value to the Department and City to warrant reimbursement for costs. All training will be purchased through City purchasing process utilizing City credit card.

ARTICLE 4.

HOLIDAY PAY /HOLIDAYS
The City recognizes the following fourteen (14) city holidays; New Years Day, Martin Luther Kings Jr.’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Good Friday (half day), Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day and New Years Eve.

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will receive 156.8 hours of holiday time compensation. In lieu of paid time off for all CITY holidays, the employees will receive an additional approximate amount of (5.39%) of their base wages divided by 26 pay periods, which equates to 5.385% in premium pay.

ARTICLE 5.

VACATION
To equalize paid vacation and sick leave benefits between forty (40) hour per week and fifty-six (56) hour per week personnel, each "day" of such benefits as used in this MOU shall be equal to and shall mean eleven and two-tenths (11.2) hours. Employees shall be entitled to annual vacation leave, with pay, at the convenience of CITY, and shall earn annual vacation credits at the following rates:

Years of Service Days of Vacation
1-5 years 12 days
Beginning of 6 years 13 days
Beginning of 7 years 14 days
Beginning of 8 years 15 days
Beginning of 9 years 16 days
Beginning of 10 years 17 days
Beginning of 11 years 18 days
Beginning of 12 years 19 days
Beginning of 13 years 20 days
Beginning of 20 years 25 days
Vacation leave accrual shall have a maximum cap of three hundred thirty-six (336) hours. Thus, when an employee reaches this cap, there will be no vacation leave accrual until the vacation leave accrued is below the maximum cap of three hundred thirty-six (336) hours.

The City will allow two (2) personnel off using vacation leave per shift. All requests for vacation time off shall be a minimum of four (4) hours, unless that time off is for early relief and the employee filling the vacancy is volunteering to work.

Upon any termination of employment from CITY service, including, but not limited to voluntary resignation, termination, disability retirement or retirement from CITY service, an employee is entitled to cash out up to 240 hours of accumulated vacation leave at the date of termination. The parties hereto on behalf of the City, the Association, and all employees thereunder, past, present and/or future, voluntarily waive the provisions of Labor Code Section 227.3 and agree the maximum payout for accrued vacation leave shall be 240 hours, no matter the total amount accrued at the time of termination.

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ARTICLE 6.

UNIFORMS
In accordance with CITY regulations, employees shall be required to wear CITY proscribed/provided turn out gear and full uniforms (including footwear) when on duty. CITY will provide employees an annual uniform allowance of one thousand dollars ($1,000.00) per calendar year paid once every February. Any hires between January 1 and June 30, will only receive $500 paid out in the second half of the year. Uniforms shall only be worn while performing CITY duties.

This amount shall include costs of uniform purchase, maintenance, damage and repair.

ARTICLE 7.

SICK LEAVE
Employees earn fifteen (15) days of sick leave per year. Sick leave accrual shall have a maximum cap of one thousand one hundred and twenty (1,120) hours. Thus, when an employee reaches this cap, there will be no sick leave accrual until the sick leave accrued is below the maximum cap of one thousand one hundred and twenty (1,120) hours.

Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years with the CITY, is entitled to cash out 50% of accumulated sick leave (max of 200 hours).

ARTICLE 8.

SICK LEAVE CONVERSION
Employees who have an accumulated balance of 33 or more days of sick leave as of the end of the last full pay period in June may elect to convert sick leave hours into vacation hours. Employees may convert accumulated sick days into vacation days at a ratio of 1 sick day for 1 vacation day.

Sick leave conversion shall have a maximum cap of six (6) sick days converted into six (6) vacation days.

ARTICLE 9.

RECALL TO DUTY/CALL BACK MINIMUMS
Contingent upon Measure E funding, and specifically this provision immediately sunsets if/when Measure E funding ceases. Daily minimum staffing will be 4.0 – (1) Captain, (1) Engineer, (2) Firefighters with a minimum of one being a paramedic, unless management determines otherwise based on operational/departmental needs. The use of reserve Firefighters shall only be to increase staffing above the minimum staffing level.

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health of the employees. When employees within that same classification are not available and shift employees within that same classification cannot serve or be contacted, CITY may fill the absence with an on-duty employee in the same or another classification i.e. qualified actor for that vacancy; members on duty will be held until properly replaced by department personnel. The responsibility to find replacement in a mandatory staffing scenario lies with the employee who wishes to be properly replaced. Department employees are allowed to be replaced by only full-time employees in the same rank or with qualified actors for the position.

When deemed necessary as a result of personnel being off and unable to staff with an employee of that rank acting will be required. To be eligible for acting you must meet the following State Fire Marshal Certification by rank and the maximum compensation for acting is two and half percent (2.5%). Firefighters must be off probation before being eligible for the Fire Apparatus Driver/Operator incentive pay. Employees based off their current rank will need to meet the acting certification and complete a task book for the matching acting qualifications.

Firefighter Rank – Fire Apparatus Driver/Operator Pump Apparatus Certificate from the California State Fire Marshal's Office — two and one-half percent (2.5%) Fire Engineer Rank - Fire Officer Certificate from the California State Fire Marshal's Office — two and one-half percent (2.5%)
Fire Captain Rank - Chief Officer Certificate from the California State Fire Marshal’s Office – two and one-half percent (2.5%)
The percentage earned is for compensation throughout the year for acting. If an employee is required to act for an extended period of time, greater than six shifts, the employee will be eligible for an additional five (5) percent during the extending acting period.

The minimum call back time for fire calls shall be one (1) hour. The minimum call back time for ambulance runs and training shall be two (2) hours.

ARTICLE 10.

RETIREMENT
A) Public Employee Retirement System (“PERS”) CITY shall provide access to Public Employee Retirement System ("PERS") "Fire Safety Employee" retirement plan benefits to all eligible employees. PERS classic employees who are not subject to the Public Employee’s Pension Reform Act (“PEPRA”) will receive the three percent (3%) at age fifty-five (55) formula.

Classic employees will pay the entire nine percent (9%) employee contribution. In addition, effective January 1, 2019, classic members will pay an additional three percent (3%) of the employer share as cost sharing under Government Code section 20516(f) for a total employee contribution of twelve percent (12%).

Employees who are defined as “new members” under PEPRA will receive the two and seven-tenths percent (2.7%) at age fifty-seven (57) formula. New members will contribute fifty percent (50%) of

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the total normal cost of the retirement benefit, as determined by PERS.

The existing PERS “Fire Safety Employee” retirement plan elements are set by the existing contract between CITY and PERS; and are generally described as follows:
1) Social Security coordination
2) 1957 Survivor's Benefits
3) Final compensation determined as highest of thirty-six (36) consecutive months of PERS membership
4) Fire Safety Disability Retirement
5) Two percent (2%) maximum annual cost -of-living allowance after retirement 6) Pre-retirement death benefit of total contribution plus interest earned returned to survivor plus one (1) month pay for each year in the retirement system up to six (6) years
7) Post-retirement death benefit of $500.00 (in addition to normal retirement benefits) 8) Unused Sick Leave credit toward Service Credit
B) Social Security ("FICA"). CITY participates in the Social Security retirement System [Federal Insurance Contribution Act ("FICA")]. Employee participation and benefits are required and provided in accordance with law, CITY shall pay the employer's FICA contribution.

C) State Disability Insurance ("SDI"). CITY participates in the California State Disability Insurance program ("SDI"). Eligible employees shall pay for and be covered by and receive SDI benefits in accordance with law, to be coordinated as determined by CITY with accrued paid time off benefits under this MOU.

D) On January 1, 2019, Classic association members will contribute 12% of PERS costs.

Association member Group Association member Contribution Safety – Fire PEPRA Fifty percent (50%) of the total normal cost of the retirement benefit, as determined by PERS.

Safety – Fire CLASSIC 12%
ARTICLE 11.

DIRECT DEPOSIT/DEFERRED COMPENSATION PLANS

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Employees are required to participate in the direct deposit program for payroll purposes. Employees may participate on a voluntary basis in deferred compensation plans offered by CITY through its payroll system. Such participation must be effected using forms approved by CITY.

ARTICLE 12.

HEALTH PLANS
A) Plans. In accordance with the provisions of the City selected applicable plan(s), employees will pay 15% of premium costs for medical, dental, vision, and life insurance cost/premiums for current employee and if applicable, eligible dependents. Fire Association to be included in discussions regarding health plans annual selections.

B) Incentive. City will offer a three-tiered cash incentive (subject to taxation as wages) to those who opt out of the medical insurance plan during open enrollment or qualifying events and who provide proof satisfactory to the City of comparable, alternative health insurance coverage, and there must be no break in the employee’s health plan coverage. Failure to notify the City of loss of health plan coverage will require employee to pay their insurance premiums retroactively. By opting out of insurance for the employee and/or dependent(s), employees will receive a cash incentive for changing “tiers”. For each tier that employees qualify for and drop down from, employees will receive one hundred dollars ($100) per month as cash wages. The three tiers are defined as:
1st Tier
*Family (Employee+Spouse+Child(ren))
2nd Tier
*Employee + Spouse
*Employee + Child(ren)
3rd Tier
*Employee (Employee only)
Example: If an employee with a spouse and child opts out of insurance for the dependents, that employee moves down two tiers from “Family” to “Employee” and will receive $200/month.

If that same employee chooses to completely opt out of insurance for the whole family, $300/month would be paid.

ARTICLE 13.

BILINGUAL PAY
Employees who pass a bilingual proficiency test administrated by CITY will receive two and onehalf percent (2.5%) additional pay calculated on base wages.

ARTICLE 14.

WAGES

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A) Wage Increases:
• October 28, 2024 Salary increases (see chart below), 0.38% for holiday pay, and FLSA conversion (new FLSA work period will begin during the October 28, 2024 pay period).

Firefighter/EMT 10% base salary increase
Firefighter/Paramedic 13% base salary increase
Fire/Engineer 13% base salary increase
Fire Captain/EMT 13% base salary increase
Fire Captain/Paramedic 11% base salary increase
• July 1, 2025 3.0% base salary increase
• July 1, 2026 3.0% base salary increase
B) Fire Engineer/EMT:

Job description and top monthly salary of $6,467 to be created.

ARTICLE 15.

EDUCATIONAL INCENTIVE PAY PROGRAM
All regular full-time permanent employees shall be entitled to receive" Educational Incentive Pay," in the amount set forth below [not to exceed five percent (5%) maximum above the employee's existing base wage], commencing with the first pay period following documentation/confirmation/determination of the award/conferral by a California community college or university (or equivalent public or private recognized post-secondary educational institution) of the following:

A.S. Degree preferred in Fire Science (or other A.A. or A.S. degree) - two and one-half percent (2.5 %).

B.S. Degree preferred in Fire Science (or other B.A. or B.S. degree) - five percent (5.0%) ARTICLE 16.

LONGEVITY PAY
A longevity benefit in the form of a one-time only lump sum benefit equal to $500.00 for each five (5) years of service payable at the beginning of the first year of full-time service after each fifth year increment, e.g. $500.00 at the beginning of the 6th year of the employee being in full

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time status with the city, $1,000.00 at the 11th year, $1,500.00 at the 16th year, $2,000.00 at the 21st year, and $2,500.00 at the 26th year, etc.

ARTICLE 17.

STRIKE TEAM PAY
Association members assigned to a strike team by the Fire Chief or his designee shall be compensated (portal to portal) beginning at the time of dispatch to their return when equipment and personnel are in service and available for agency response. While on a strike team deployment, personnel will be compensated at their regular rate during their normally assigned shifts and at the overtime rate on days which they are not normally assigned.

ARTICLE 18.

TERM OF AGREEMENT
October 28, 2024 – December 31, 2026.

ARTICLE 19.

PROGRAM MANAGEMENT/SPECIAL ASSIGNMENTS
Until such time as the department has a two full-time chief officer positions the department requires program management and oversite. These duties shall be accomplished by the 56-hour shift captains. Each of the three shift captains will be assigned by the fire chief one of the following program management/coordination assignments. Captains will receive a maximum of ten percent (10%) for these additional duties. The following programs are:
• Training Officer/Safety Officer – PERS Special Compensation Training Coordinator Premium Pay (5%) and Injury Prevention/policy 5%
• Emergency Medical Services (EMS) – PERS Special Compensation Paramedic Coordinator Premium Pay (5%) and Public Education 5%
• Fire Prevention – PERS Special Compensation Fire Prevention Assignment Pay (5%) and Support Services Responsibilities (Fleet, facilities, equipment, and supplies) 5% As a result of the small size of the department it requires personnel to perform specialized duties and assignments. Special Assignments are at the discretion of the fire chief. Some of the special assignments require additional training and/or certification. The maximum compensation for special assignments is five percent (7.5%). The following is a list of special assignments, but others could be added by the fire chief as the need arises.

SCBA Testing, Repair, and Fit Testing 2.5%
Hose Testing and Repair 2.5%
Fleet Repair Coordinator 2.5%

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Facility Repair Coordinator 2.5%
EMS Supplies and Equipment Coordinator 2.5%
Explorer Post Lead 5%
Hydrant Testing and Maintenance 5%
Quarter Master and PPE 5%
Community Risk Reduction 5%
Fire Prevention Officer I – PERS Special Compensation Fire Staff premium pay 2.5% Fire Prevention Officer II – PERS Special Compensation Fire Staff premium 5% Fire Investigation – PERS Special Compensation Fire Investigation premium 2.5% Fire Instructor 2.5%
EMS Instructor 2.5%
Public Information 2.5%
Radio Communications 5%
Computer/Software Coordinator 5%
USAR 5%
Hazardous Materials 5%
Wellness Program 2.5%
The maximum compensation for education, acting, and program management is 15%.

KINGSBURG PROFESSIONAL

FIREFIGHTERS ASSOCIATION
(“ASSOCIATION”)
Dated:

By:__________________________
Leticia Ruano
Authorized Representative
CITY OF KINGSBURG (“CITY”)
Dated: By:_____________________________
Alexander J. Henderson,
City Manager
1 2024-2026

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF KINGSBURG AND THE

ARTICLE 1.

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MOU means "full-time employee" as defined above.

ARTICLE 2.

HOURS OF WORK AND OVERTIME
The following shifts are available for employees in the bargaining unit. Shifts will be assigned at the discretion of the Fire Chief.

One "shift" work schedule for employees shall be forty-eight (48) hours of assigned duty followed by ninety-six (96) hours off; and the workweek for that classification shall consist of an average of fifty-six (56) hours of work per week over a twenty-eight (28) twenty-four (24) day period, including paid rest and meal periods. Employees that work a 56-hour work week shall work a shift schedule commonly referred to as the 2/4 schedule. This schedule has an annualized average work week of 56 hours and shall consist of each shift (A, B or C) working eight (8) twenty-four (24) hour shifts in a twenty-four (24) day work period. This schedule shall consist of (2) 24-hour shifts/contiguous forty-eight (48) hours on duty, followed by ninety-six (96) hours off duty. The work schedule is illustrated as follows with X = on duty and O = off duty: X-X-O-O-O-O-X-X-OO-O-O-X-X-O-O-O-O-X-X-O-O-OO. This schedule shall be on-going and repeat on a fixed and regular basis.

Another "shift" work schedule for employees shall be a standard forty (40) hour workweek consisting of eight-hour days over a five-day period. A 40-hour work week shall consist of five (5) consecutive eight-hour days each week. When personnel are assigned to a 40-hour assignment an alternate work week of either Monday through Thursday or Tuesday through Friday at 10 hours per day may be agreed upon by the Fire Chief and the affected employee. The Fire Chief may assign the start and end time of these shifts to meet operational needs. Another "shift" work schedule shall be an eleven (11) hour day working a total of five days during a seven (7) day period (Monday through Friday) and the workweek for that classification shall consist of an average of fifty-six (56) hours of work per week over a twenty-eight (28) day period, including paid rest and meal periods.

The normal, "relief" work schedule for employees shall consist of an average of fifty-six (56) hours of work per week over a twenty-eight (28) twenty-four (24) day period, including paid rest and meal periods, with days and hours to be assigned as needed to cover scheduled and unscheduled absences from assigned shifts, back-up services or other assigned duties.

In order to uniformly convert time between 40 and 56 hour work weeks, one-fifth of the employee’s work week shall be used. The conversion factor for calculating the time is 1.4, i.e., when an employee moves from 56 to 40 hours per week, the employee’s accumulated vacation, sick, and CTO hours will be divided by the factor 1.4. When an employee moves from 40 to 56 hours per week, the employee’s accumulated vacation, sick, and CTO will be multiplied by 1.4.

The City shall have the right to require employees to work in order to maintain minimum staffing, provide City coverage during emergency situations, and provide special event/assignment coverage.

At no time shall the City be held responsible to pay an employee at the overtime rate for duty arising as a result of a shift trade requested or consented to by the employee.

All overtime work must be authorized by the Department Head in advance. Overtime for employees

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consists of overtime provided for in this MOU ("MOU Overtime") and overtime required by and calculated pursuant to the Federal Fair Labor Standards Act ("FLSA Overtime"). For the purpose of computing MOU Overtime, all hours in paid status shall be considered as hours worked; and MOU Overtime pay at the rate of one and one-half (1-1/2) times the employee's regular base wage hourly rate shall be paid pursuant to this MOU for all hours worked in excess of the above-described fifty-six (56) hour work week average, excluding voluntary full or partial shift trades. The standard FLSA section 7k work period for fire personnel assigned to the 48/96 work schedule is 182 hours in a 24-day FLSA cycle. For payroll purposes, the standard 14-day payroll period shall be paid as follows: one hundred twelve (112) regular hours (56 regular hours per week) 3 hours of FLSA hours paid out as half time (6 hours per week) for the additional hours above the 53-hour work week.

In order to uniformly convert time between 40- and 56-hour work weeks, one-fifth of the employee's work week shall be used. The conversion factor for calculating the time is 1.4, i.e., when an employee moves from 56 to 40 hours per week, the employee's accumulated vacation, sick and CTO hours will be divided by the factor 1.4. When an employee moves from 40 to 56 hours per week, the employee's accumulated vacation, sick, and CTO hours will be multiplied by the factor 1.4.

ARTICLE 3.

ARTICLE 4.

HOLIDAY PAY /HOLIDAYS
Commented [JB1]: KPFA was good with the new cap, but
we discussed giving employees until July 1, 2025 to get below the cap. We did not budget in this fiscal year for a cash out.

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The City recognizes the following fourteen (14) city holidays; New Years Day, Martin Luther Kings Jr.’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Good Friday (half day), Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day and New Years Eve.

Every city employee shall be entitled to eight hours of paid time off for the recognized holidays. 56- hour employees will have the eight (8) hours converted to 11.2 hours per holiday. 56-hour employees will receive 156.8 hours of holiday time compensation. In lieu of paid time off for all CITY holidays, the employees’ salaries continue to include an will receive an additional approximate amount of (5.39%) of their base wages divided by 26 pay periods, which equates to 5.385% in premium pay.

In lieu of all paid time off and/or premium pay for all CITY holidays, the employees’ salaries continue to include an additional approximate amount of five and seventy-seven one hundredths percent (5.77%) of their base wages.

ARTICLE 5.

The City will allow two (2) personnel off using vacation leave per shift. All requests for vacation time

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off shall be a minimum of four (4) hours, unless that time off is for early relief and the employee filling the vacancy is volunteering to work.

ARTICLE 6.

This amount shall include costs of uniform purchase, maintenance, damage and repair.

ARTICLE 7.

SICK LEAVE
Employees earn fifteen (15) days of sick leave per year. Sick leave accrual shall have a maximum cap of five hundred and sixty (560) one thousand one hundred and twenty (1,120) hours. Thus, when an employee reaches this cap, there will be no sick leave accrual until the sick leave accrued is below the maximum cap of one thousand one hundred and twenty (1,120) five hundred and sixty (560) hours.

Employees with hours in excess of four hundred (400) hours shall have such excess hours addressed in the following manner: The employee will have two separate sick leave banks for a temporary period of time. In the first, original, accruing sick leave bank (“Leave Bank 1”), on 1/1/2015, the amount in Leave Bank 1 will be three hundred twenty (320) hours, and the excess hours over three hundred twenty (320) hours will be set aside in a separate, non-accruing sick leave bank. (“Leave Bank 2”). Until leave bank 2 is exhausted, Fifty percent (50%) of all sick leave utilized by the employee will be deducted from Leave Bank 1 and fifty percent (50%) will be deducted from Leave Bank 2 until the excess is depleted and Leave Bank 2 is thereby eliminated.

Upon retirement from CITY service, an employee in good standing and having worked for with at least ten (10) consecutive years with the CITY, an employee is entitled to cash out of 50% of accumulated sick leave (max of 200 hours). Those employees with remaining amounts in Leave Bank 2 shall still receive compensation for their accrued time in Leave Bank 2 (50%) should an employee leave employ of the CITY as described above.

ARTICLE 8.

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Sick leave conversation shall have a maximum cap of six (6) sick days converted into six (6) vacation days.

ARTICLE 9.

For scheduled and unscheduled absences from assigned shifts, CITY shall utilize employees or shall call back shift employees in the same classification as the vacant position (.i.e., rank-for-rank). Call backs of shift employees for such absences will be offered to the employee in that same classification with the least amount of shift coverage overtime for the current fiscal year. Shift employees shall be offered the first right of refusal if the overtime shall not affect the safety and health of the employees. When employees within that same classification are not available and shift employees within that same classification cannot serve or be contacted, CITY may fill the absence with an on-duty employee in the same or another classification i.e. qualified actor for that vacancy; members on duty will be held until properly replaced by department personnel. The responsibility to find replacement in a mandatory staffing scenario lies with the employee who wishes to be properly replaced. Department employees are allowed to be replaced by only full-time employees in the same rank or with qualified actors for the position.

Personnel acting in a position shall only be paid acting pay when actually working and assigned by the Fire Chief or his or her designee (including but not limited to Engineers).

When deemed necessary as a result of personnel being off and unable to staff with an employee of that rank acting will be required. To be eligible for acting you must meet the following State Fire Marshal Certification by rank and the maximum compensation for acting is two and half percent (2.5%). Firefighters must be off probation before being eligible for the Fire Apparatus Driver/Operator incentive pay. Employees based of their current rank will need to meet the acting certification and complete a task book for the matching acting qualifications.

Firefighter Rank – Fire Apparatus Diver/Operator Pump Apparatus Certificate from the California State Fire Marshal's Office — two and one-half percent (2.5%) Fire Engineer Rank - Fire Officer Certificate from the California State Fire Marshal's Office — two and one-half percent (2.5%)
Fire Captain Rank - Chief Officer Certificate from the California State Fire Marshal’s Office –

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two and one-half percent (2.5%)
The percentage earned is for compensation throughout the year for acting. If an employee is required to act for an extended period of time, greater than six shifts, the employee will be eligible for an additional five (5) percent during the extending acting period.

The minimum call back time for fire calls shall be one (1) hour. The minimum call back time for ambulance runs and training shall be two (2) hours.

ARTICLE 10.

Employees who are defined as “new members” under PEPRA will receive the two and seven-tenths percent (2.7%) at age fifty-seven (57) formula. New members will contribute fifty percent (50%) of the total normal cost of the retirement benefit, as determined by PERS.

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8) Unused Sick Leave credit toward Service Credit
B) Social Security ("FICA"). CITY participates in the Social Security retirement System [Federal Insurance Contribution Act ("FICA")]. Employee participation and benefits are required and provided in accordance with law, CITY shall pay the employer's FICA contribution.

D) On January 1, 2019, Classic association members will contribute 12% of PERS costs.

Association member Group Association member Contribution Safety – Fire PEPRA Fifty percent (50%) of the total normal cost of the retirement benefit, as determined by PERS.

Safety – Fire CLASSIC 12%
ARTICLE 11.

DIRECT DEPOSIT/DEFERRED COMPENSATION PLANS
Employees are required to participate in the direct deposit program for payroll purposes. Employees may participate on a voluntary basis in deferred compensation plans offered by CITY through its payroll system. Such participation must be effected using forms approved by CITY.

ARTICLE 12.

B) Incentive. City will offer a three tiered cash incentive (subject to taxation as wages) to those who opt out of the medical insurance plan during open enrollment or qualifying events and who provide proof satisfactory to the City of comparable, alternative health insurance coverage, and there must be no break in the employee’s health plan coverage. Failure to notify the City of loss of health plan coverage will require employee to pay their insurance premiums retroactively. By opting out of insurance for the employee and/or dependent(s), employees will receive a cash incentive for changing “tiers”. For each tier that employees qualify for and drop down from, employees will receive one hundred dollars ($100) per month as cash wages. The three tiers are defined as:
1st Tier

Page 9 of 13 ends

*Family (Employee+Spouse+Child(ren))
2nd Tier
*Employee + Spouse
*Employee + Child(ren)
3rd Tier
*Employee (Employee only)
Example: If an employee with a spouse and child opts out of insurance for the dependents, that employee moves down two tiers from “Family” to “Employee” and will receive $200/month.

If that same employee chooses to completely opt out of insurance for the whole family, $300/month would be paid.

ARTICLE 13.

BILINGUAL PAY
Employees who pass a bilingual proficiency test administrated by CITY will receive two and onehalf percent (2.5%) additional pay calculated on base wages.

ARTICLE 14.

WAGES
A) Wage Increases:
• October 28, 2024 Salary increases (see chart below), 0.38% for holiday pay, and FLSA conversion (new FLSA work period will begin during the October 28, 2024 pay period).

Job description and top monthly salary of $6,467 to be created.

C) Step increases within a pay range shall not be automatic but shall be based upon merit, which shall be based upon performance evaluations, and then only upon written approval by the employee's Department Head and the City Manager. New employees shall be hired according to Appendix A, “MOU Incentive Plan" or be moved to the appropriate step upon

Page 10 of 13 ends

completion of obtaining minimum qualifications for the job classification and approval by the Fire Chief. Firefighter/Paramedics must obtain their Firefighter II Certificate to move to Step D.

ARTICLE 15.

EDUCATIONAL INCENTIVE PAY PROGRAM
All regular full-time permanent employees shall be entitled to receive" Educational Incentive Pay," in the amount set forth below [not to exceed ten percent (10%) five percent (5%) maximum above the employee's existing base wage], commencing with the first pay period following documentation/confirmation/determination of the award/conferral by a California community college or university (or equivalent public or private recognized post-secondary educational institution) of the following:

A.S. Degree preferred in Fire Science (or other A.A. or A.S. degree) - two and one-half percent (2.5 %).

B.S. Degree preferred in Fire Science (or other B.A. or B.S. degree) - five percent (5.0%) Master of Science / Master of Arts in Fire Science (or other M.A. or B.S. degree) – seven and onehalf (7.5%).

ARTICLE 16.

LONGEVITY PAY
Effective January 2008, the following provision shall be instituted. A longevity benefit in the form of a one-time only lump sum benefit equal to $500.00 for each five (5) years of service payable at the beginning of the first year of full-time service after each fifth year increment, e.g. $500.00 at the beginning of the 6th year of the employee being in full time status with the city, $1,000.00 at the 11th year, $1,500.00 at the 16th year, $2,000.00 at the 21st year, and $2,500.00 at the 26th year, etc.

ARTICLE 17.

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ARTICLE 18.

TERM OF AGREEMENT
October 1, 2024 – December 31, 2026.

ARTICLE 19.

Career Plan/ Incentive Pilot Program Appendix A
Appendix A implemented and effective January 1, 2021. Amend Appendix A to remove 5% Engineers receive to correspond to Engineers being added to pay scale so that change is cost neutral and no additional costs to City. This Article 19 is subject to the reopener noted in All regular full-time permanent employees shall be entitled to receive "Certification/Assignment Pay” in the amount set forth in Appendix A, MOU Incentive Plan,” commencing with the first pay period following documentation/confirmation/determination of the award/conferral by the college, university, or certifying institution.

Members may use a combination of certification, and/or assignment pay incentives to achieve a maximum of 20% twenty- percent (20%) ten percent (10%) above the employee’s existing base wage.

ARTICLE 19.

SCBA Testing, Repair, and Fit Testing 2.5%
Hose Testing and Repair 2.5%

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Fleet Repair Coordinator 2.5%
Facility Repair Coordinator 2.5%
EMS Supplies and Equipment Coordinator
Explorer Post Lead 5%
Hydrant Testing and Maintenance 5%
Quarter Master and PPE 5%
Community Risk Reduction 5%
Fire Prevention Officer I – PERS Special Compensation Fire Staff premium pay 2.5% Fire Prevention Officer II – PERS Special Compensation Fire Staff premium 5% Fire Investigation – PERS Special Compensation Fire Investigation premium 2.5% Fire Instructor 2.5%
EMS Instructor 2.5%
Public Information 2.5%
Radio Communications 5%
Computer/Software Coordinator 5%
USAR 5%
Hazardous Materials 5%
Wellness Program 2.5%
The maximum compensation for education, acting, and program management is 15%.

ARTICLE 20.

REOPENER
A. In year two of the MOU (2023), either party may reopen Article 14 (Wages) of the MOU to only meet and confer over year three’s wage increases with written notice given to the other party on or before March 1, 2023, and the parties will meet within two weeks of such notice.

B. If the parties are not able to come to agree and implement Article 9, Recall to Duty and/or Article 19, Draft Incentive Plan on or before February 1, 2022, either party may reopen these sections of the MOU with written notice given to the other party, and the parties will meet within two weeks of such notice.

KINGSBURG PROFESSIONAL

FIREFIGHTERS ASSOCIATION
(“ASSOCIATION”)
Dated:

By:__________________________
Dan Koontz, Esq.

Authorized Representative
CITY OF KINGSBURG (“CITY”)

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Dated: By:_____________________________
Alexander J. Henderson,
City Manager

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY: AJH
AGENDA ITEM: Update Job Descriptions for KPFA Personnel ACTION REQUESTED: ___Ordinance ____Resolution √ Motion ______Receive/File

EXECUTIVE SUMMARY
Job descriptions are routinely updated as the course work, required certifications, and skills for the position change with the needs of the department and required training or certification requirements. The Kingsburg Fire Department utilizes job descriptions to establish minimum qualifications, duties, and other related items for each job classification. Many of the job descriptions for positions within the Fire Department have not been evaluated and updated in several years. These changes allow KFD to best align the position's minimum requirements with those of certifying agencies that personnel must hold certifications and or licensing. The department is also adding the job description of a Fire Administrative Analysist. This job description better reflects the additional necessary duties for the department's administrative functions.

The city met with the Kingsburg Professional Fire Association to review any impacts these changes had on its members. All parties agreed with the proposed changes and updates.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the job description changes for Fire Captain/EMT, Fire Captain/Paramedic, Fire Engineer/EMT, Fire Engineer/Paramedic, Firefighter/EMT, Firefighter/Paramedic, Fire Administrative Analyst, and non-safety part-time Paramedic.

POLICY ALTERNATIVE(S)

1. The council could choose not to support changing job descriptions and duties; however, this would place KFD in a position that does not align with current industry best practices or certifications.

REASON FOR RECOMMENDATION/KEY METRIC

1. Community Safety.

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None
Meeting Date: 10/02/2024
Agenda Item: 5
FISCAL IMPACT:

1. Is There a Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

PRIOR ACTION/REVIEW
These job descriptions are integral to the fire department's operation. They establish minimum requirements for hiring and promotion and define the duties of each position.

BACKGROUND INFORMATION
These job descriptions are updated periodically to ensure that the current best practices and minimum qualifications for positions meet current industry best practices and certification levels.

ATTACHMENTS

1. Job Descriptions for the Fire Department:
a. Fire Captain/EMT
b. Fire Captain/Paramedic
c. Fire Engineer/EMT
d. Fire Engineer/Paramedic
e. Firefighter/EMT
f. Firefighter/Paramedic
g. Fire Administrative Analyst
h. Part-Time Singel Role Paramedic

FIRE CAPTAIN/EMERGENCY MEDICAL TECHNICIAN
(EMT)

DEFINITION
Under direction of the fire chief, as a staff officer or on an assigned shift, to have charge of and supervise the activities of an engine, truck company or ambulance; Under general supervision, plans, schedules, deploys, supervises, and reviews the work of Firefighters, Firefighter/Paramedics, and Fire Engineers of an assigned company or station responsible for providing fire suppression, rescue, emergency medical treatment, hazardous material response, and fire inspection and prevention services; takes command of fires and other emergency incidents within the city unless relieved by another officer; performs the full range of emergency response duties as a member of a response team; coordinates, and participates in non-emergency inspection, training, maintenance, and related activities; and performs other duties as required.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Establishes incident command system at all emergencies; directs firefighting operations until relieved by a higher-ranking officer, including commanding tactical and safety activities to ensure all response activities are conducted in a manner consistent with prescribed policies and procedures.
• Responds to fire alarms, delivers all equipment, and implements fire suppression and firefighting techniques to rescue victims and protect private and public property. • Recommends and assists in the implementation of goals and objectives; establishes schedules and methods for providing effective fire suppression and prevention services; implements policies and procedures.
• Participates in the development of the Fire Department's budget, including submitting budget recommendations and monitoring expenditures.
• Plans, schedules, organizes, assigns, reviews, and evaluates the work of staff of an assigned company or station; provides input into selection, disciplinary, and other personnel matters; may counsel employees as required.
• Identifies fire training needs of company personnel; drills and instructs personnel in the use of a variety of firefighting apparatus, equipment, tools, and devices; instructs personnel on location of fire hazards in public buildings and the methods of combating fires in such places; ensures conformance of training and instructional work with department policies and procedures.
• Ensures an accurate and efficient inventory of equipment and supplies, including purchasing needed equipment and submitting equipment requests accordingly. • Administers, coordinates, manages, and personally performs work in support of a variety of departmental programs and activities such as fire administration, prevention, public education, inspection, fleet equipment maintenance, inventory, training, or other aspects of the fire prevention and suppression programs.
• Represents the department and the city in contacts with other fire and medical response agencies.
• Provides auto and mutual aid to other fire service and medical emergency agencies in accordance with departmental policy.
• Assists in rendering emergency medical services.
• Supervises and participates in the laying and connection of hose, direction of water streams, placement of ladders, ventilation of buildings, rescue of persons, and salvage operations; ascertains the need for and type of additional equipment necessary to handle emergencies; makes technical decisions as to the best methods of extinguishing fires after observing the fire and receiving reports from company officers. • Checks commercial and residential buildings for code compliance including in the areas of building exits, automatic sprinkler systems, fire alarms, fixed fire extinguishing systems, commercial hood and duct systems, emergency generators, underground water systems and hazardous materials storage; interprets and enforces provisions of fire prevention and fire safety laws, ordinances, and other regulations. • Performs and assists in company and/or station inspections; inspects personnel, equipment, and company quarters.
• Conducts preliminary investigation on causes of fire; obtains and otherwise preserves evidence at a fire scene; collects, prepares, and presents evidence in court when required; prepares reports of findings and recommendations.
• Develops and maintains effective working relationships with the community; presents a variety of educational and public service programs to children, youth and community groups; responds to questions and comments from the public; collaborates with involved parties to reach resolutions on identified issues.
• Keeps immediate supervisor and designated others informed regarding present and potential work issues and provides solutions to address issues. • Performs a variety of administrative duties including recording company activities in designated logs, preparing and maintaining records, reports, forms, recommendations, and other required administrative procedures of the company. • Applies for various grants and coordinates the process from the beginning (i.e., grant writing) to the end (i.e., purchase order tracking).
• Attends meetings, conferences, workshops, and training sessions and reviews materials to remain current on principles, practices, and developments in assigned work areas. • Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Licenses and Certificates
• Possession of an appropriate valid California Driver's License for operating firefighting equipment
• Possession of a valid California Emergency Medical Technician (EMT-1) Certificate • Possession of a valid healthcare provider Cardiopulmonary Resuscitation (CPR) Certificate
• Possession of a Fire Fighter I and II certification by California State Fire Training, or IFSAC / PROBOARD Firefighter I and Firefighter II.
• Possession of a Driver/Operator 1 certification by California State Fire Training, • Possession of a California State Board of Fire Services Fire Officer, or completion of all six (6) required classes and course work for the California State Board of Fire Services Company Officer Certification, or Center for Public Safety Excellence (CPSE) Fire Officer Designation.

EDUCATION AND EXPERIENCE
Education:
• Equivalent to the completion of the 12th grade, supplemented by successful completion of coursework in fire science or related field.

Experience:
• Five (5) years of municipal firefighting experience at the Fire Fighter/Engineer level

FIRE CAPTAIN/PARAMEDIC (EMT-P)

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Establishes incident command system at all emergencies; directs firefighting operations until relieved by a higher-ranking officer, including commanding tactical and safety activities to ensure all response activities are conducted in a manner consistent with prescribed policies and procedures.
• Responds to fire alarms, delivers all equipment, and implements fire suppression and firefighting techniques to rescue victims and protect private and public property. • Responds to emergency medical calls and administers advanced emergency medical procedures including EKG interpretation, intravenous access, drug therapy, endotracheal intubation, pediatric emergencies, cardioversion and defibrillation, needle thoracostomy, patient assessment techniques, and safe patient transport. • Recommends and assists in the implementation of goals and objectives; establishes schedules and methods for providing effective fire suppression and prevention services; implements policies and procedures.
• Participates in the development of the Fire Department's budget, including submitting budget recommendations and monitoring expenditures.
• Plans, schedules, organizes, assigns, reviews, and evaluates the work of staff of an assigned company or station; provides input into selection, disciplinary, and other personnel matters; may counsel employees as required.
• Identifies fire training needs of company personnel; drills and instructs personnel in the use of a variety of firefighting apparatus, equipment, tools, and devices; instructs personnel on location of fire hazards in public buildings and the methods of combating fires in such places; ensures conformance of training and instructional work with department policies and procedures.
• Ensures an accurate and efficient inventory of equipment and supplies, including purchasing needed equipment and submitting equipment requests accordingly. • Administers, coordinates, manages, and personally performs work in support of a variety of departmental programs and activities such as fire administration, prevention, public education, inspection, fleet equipment maintenance, inventory, training, or other aspects of the fire prevention and suppression programs.
• Represents the department and the city in contacts with other fire and medical response agencies.
• Provides auto and mutual aid to other fire service and medical emergency agencies in accordance with departmental policy.
• Assists in rendering emergency medical services.
• Supervises and participates in the laying and connection of hose, direction of water streams, placement of ladders, ventilation of buildings, rescue of persons, and salvage operations; ascertains the need for and type of additional equipment necessary to handle emergencies; makes technical decisions as to the best methods of extinguishing fires after observing the fire and receiving reports from company officers. • Checks commercial and residential buildings for code compliance including in the areas of building exits, automatic sprinkler systems, fire alarms, fixed fire extinguishing systems, commercial hood and duct systems, emergency generators, underground water systems and hazardous materials storage; interprets and enforces provisions of fire prevention and fire safety laws, ordinances, and other regulations. • Performs and assists in company and/or station inspections; inspects personnel, equipment, and company quarters.
• Conducts preliminary investigation on causes of fire; obtains and otherwise preserves evidence at a fire scene; collects, prepares, and presents evidence in court when required; prepares reports of findings and recommendations.
• Develops and maintains effective working relationships with the community; presents a variety of educational and public service programs to children, youth and community groups; responds to questions and comments from the public; collaborates with involved parties to reach resolutions on identified issues.
• Keeps immediate supervisor and designated others informed regarding present and potential work issues and provides solutions to address issues. • Performs a variety of administrative duties including recording company activities in designated logs, preparing and maintaining records, reports, forms, recommendations, and other required administrative procedures of the company. • Applies for various grants and coordinates the process from the beginning (i.e., grant writing) to the end (i.e., purchase order tracking).
• Attends meetings, conferences, workshops, and training sessions and reviews materials to remain current on principles, practices, and developments in assigned work areas. • Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Licenses and Certificates
• Possession of an appropriate valid California Driver's License for operating firefighting equipment
• Possession of a valid EMT-P issued by a California Emergency Medical Services Authority or National Registry.
• Ability to obtain CCEMSA certification within 45 days of appointment. • Possession of the following certifications: Advanced Cardiac Life Support, and Pediatric Advanced Life Support.
• Possession of a valid healthcare provider Cardiopulmonary Resuscitation (CPR) Certificate
• Possession of a Fire Fighter I and II certification by California State Fire Training, or IFSAC / PROBOARD Firefighter I and Firefighter II.
• Possession of a Driver/Operator 1 certification by California State Fire Training, • Possession of a California State Board of Fire Services Fire Officer, or completion of all six (6) required classes and course work for the California State Board of Fire Services Company Officer Certification, or Center for Public Safety Excellence (CPSE) Fire Officer Designation.

EDUCATION AND EXPERIENCE
Education:
• Equivalent to the completion of the 12th grade, supplemented by successful completion of coursework in fire science or related field.

Experience:
• Five (5) years of municipal firefighting experience at the Fire Fighter/Engineer level

FIRE ENGINEER/EMERGENCY MEDICAL

TECHNICIAN (EMT)

DEFINITION
Under general supervision, operates and maintains firefighting apparatus and equipment; responds to fires, medical emergencies, hazardous materials incidents, rescues, and other emergency and non-emergency situations; participates in all other suppression, prevention, inspection, education, and related activities to protect life and property; performs fire station maintenance; provides information and assistance to the public; and performs other duties as required.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Operates and maintains all fire apparatus and related fire services and medical equipment to ensure operational readiness and safety of fire personnel, including operating hydraulic pumps and aerial equipment, performing daily inspections, maintenance, training, and inventory.
• Responds to fire alarms, emergency medical calls at the basic life support level, emergency rescues, hazardous materials incidents, public service calls, or other incidents, which require the mitigation of circumstances that may threaten life or property, such a fire suppression, emergency medical care, and rescue of victims. • Responds to emergency medical calls and administers advanced emergency medical procedures including EKG interpretation, intravenous access, drug therapy, endotracheal intubation, pediatric emergencies, cardioversion and defibrillation, needle thoracostomy, patient assessment techniques, and safe patient transport • Drives fire apparatus to emergency scene and positions and prepares equipment for use as directed by command officer, including aerial apparatus, fire engines, and vehicle-drawn trailers to emergencies, training, and inspections.
• Operates and oversees the use of a variety of fire apparatus, vehicles, and equipment, including operating fire pumps, calculating and monitoring hydraulic conditions, directing engine hook-up, setting controls to ensure proper water flow levels, operating aerial ladder truck, and extending and retracting ladder; lays, connects, charges, and uses supply lines and various water appliances to control and extinguish fires; places water curtains and performs ventilating and access maneuvers; uses foam and chemical extinguishers as required by the nature of the fire.
• Searches and rescues victims from buildings, motor vehicles, water, elevation, and excavation hazards, confined spaces, and other locations. • Applies medical treatment and life support techniques within the scope of an Emergency Medical Technician (EMT); provides assistance to qualified paramedics, as directed; assists in the emergency transportation of patients.
• Isolates and minimizes hazardous materials spills.
• Works closely with other emergency medical staff, police, and public safety and fire personnel from other agencies; responds to mutual aid situations as required. • Performs daily checks of equipment to ensure all equipment is in good working order, including inspecting all aerial apparatuses, tools, and other related equipment to ensure their efficient operation and readiness for any emergency response situation, and keeping complete and accurate inspection records and apparatus usage log as required; inspects all medical equipment.
• Assists in the maintenance of the fire station and grounds; maintains inventories of apparatus, equipment, and supplies; recommends purchase of firefighting equipment, physical fitness apparatus, and station appliances.
• Performs fire safety inspections of dwellings, public assemblies, and commercial, industrial, and governmental buildings, and other public establishments, and participates in a variety of public awareness activities to promote good public relations and fire safety awareness, including providing tours of fire facilities and giving presentations at local schools as requested.
• Assists in the investigation of fires; obtains and preserves evidence at a fire scene, secures fire scene and controls traffic, and participates in determining fire origin and cause.
• Performs any or all the duties of a Firefighter as necessary. • Performs all necessary training activities as assigned and in accordance with readiness and preparation for firefighting activities, including training in fire suppression, fire pump operation, aerial apparatus operation, emergency medical training, hazardous materials, vehicle extrication, technical rescues, equipment use and maintenance, and other related functions.
• Performs physical fitness training to maintain physical abilities necessary for firefighting. • Provides instruction to other fire personnel on topics related to fire apparatus maintenance and use, as well as hand equipment tools, and other related topics. • Maintains station and personal living areas in a clean and orderly manner and maintains surrounding grounds to ensure a safe and pleasant environment for fire personnel and the general public.
• Serves within a command structure, requiring adherence to officers' orders in life threatening situations.
• Performs a variety of administrative duties including maintaining proper records and documentation on all job-related activities, functions, apparatus, and equipment, preparing reports, forms, recommendations, and other required administrative procedures. • Assumes charge of an engine company in the absence of the Fire Captain if all acting requirements have been met.
• Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Licenses and Certificates
• Possession of an appropriate valid California Driver's License for operating firefighting equipment
• Possession of a valid EMT-P issued by a California Emergency Medical Services Authority or National Registry.
• Ability to obtain CCEMSA certification within 45 days of appointment. • Possession of the following certifications: Advanced Cardiac Life Support, and Pediatric Advanced Life Support.
• Possession of a valid healthcare provider Cardiopulmonary Resuscitation (CPR) Certificate
• Possession of a Fire Fighter I and II certification by California State Fire Training, or IFSAC / PROBOARD Firefighter I and Firefighter II.
• Possession of a Driver/Operator 1 certification by California State Fire Training, • Possession of a Hazardous Materials First Responder Operations Certificate.

EDUCATION AND EXPERIENCE
Education:
• Equivalent to the completion of the 12th grade, supplemented by successful completion of coursework in fire science or related field.

Experience:
• Two (2) years of municipal firefighting experience at the Fire Fighter level

FIREFIGHTER/EMT

DEFINITION
Under general supervision, responds to fires, medical emergencies, hazardous materials incidents, rescues and other emergency and non-emergency situations; participates in all other suppression, prevention, inspection, education, and related activities to protect life and property; performs fire station and apparatus maintenance; serves in specialized departmental roles as assigned; provides information and assistance to the public; and performs other duties as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from a Fire Captain or assigned supervisor. Exercises no direct supervision over staff.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Responds to fire alarms, delivers all equipment, and implements fire suppression and firefighting techniques to rescue victims and protect private and public property. • Responds to emergency medical calls and provides basic life support functions such as patient assessment, splinting, and safe patient transport. • Serves within a command structure, requiring adherence to officers' orders in life threatening situations.
• Responds to structural residential, commercial, industrial, chemical, petroleum, vehicle, aircraft, and wildland fires, and performs search and rescue operations to remove persons from burning structures, and fire suppression techniques as appropriate; lays, connects, charges and uses supply lines and various water appliances to control and extinguish fires; places water curtains and performs ventilating and access maneuvers; uses foam and chemical extinguishers as required by the nature of the fire; operates fire streams as directed; raises and climbs ladders; ventilates roofs and windows. • Operates all types of portable fire extinguishers, pike poles, hand lines, smoke ejectors, salvage covers, forcible entry tools, aerial ladder equipment, emergency medical equipment, and other firefighting and medical equipment as required. • Performs salvage duties at fire scenes by placing salvage covers, sweeping, vacuuming up water, and removing debris.
• Conducts daily inspections of condition and readiness of fire department ambulances and all equipment including medical and first aid equipment; cleans, washes, and services fire apparatus, vehicles and equipment; inspects, tests, and maintains equipment and pump motors including nozzles, appliances, fittings, hydrants, fire extinguishers, hand and power tools, ropes, emergency lighting equipment, generators, rescue and first aid, and related equipment.
• Assists in the investigation of fires; obtains and preserves evidence at a fire scene, secures fire scene and controls traffic, and participates in determining fire origin and cause; may be required to testify in court, as necessary. • Assists in inspecting building structures to ensure code compliance; explains city fire codes and fire prevention policies and procedures to the public; identifies common, special, structural, and panic hazards and recommend pre-fire planning; issues orders to comply with codes; and prepares complete and accurate reports of inspection activities as required.
• Responds to emergency rescue calls, including auto accidents and collapsed buildings requiring extrication, search and rescue, gas system leaks, confined space rescues, and rope rescues.
• Performs overhaul operations to ensure the complete suppression of fire. • Maintains firefighting and emergency equipment in a clean and operable condition, including performing daily equipment checks, and performing basic repair of damaged equipment as necessary; maintains inventories of apparatus, equipment, and supplies. • Ensures the use of appropriate firefighting safety apparel and equipment and follows appropriate safety procedures as required.
• Works closely with other emergency medical staff, public safety, and fire personnel from other agencies, depending upon response situation.
• Responds to hazardous materials emergencies, including scene assessment, identifying the extent of damage and/or potential hazard to the community, implementing containment plans, and protecting fire personnel and civilians from exposure to chemicals.
• Responds to man-made and natural disasters, including fires, floods, earthquakes, crash rescues and other catastrophic events, including providing medical assistance and removing persons from harmful structures or exposure to fire, smoke, adverse weather conditions, and harmful materials.
• Performs all necessary training activities as assigned and in accordance with readiness and preparation for firefighting activities, including training in fire suppression, emergency medical training, hazardous materials, vehicle extrication, technical rescues, equipment use and maintenance, and other related functions; participates in fire drills. • Operates and maintains a variety of fire vehicles, apparatus, and equipment on a training basis.
• Maintains station and personal living areas in a clean and orderly manner and maintains surrounding grounds to ensure a safe and pleasant environment for fire personnel and the public.
• Performs a variety of administrative duties including maintaining proper records and documentation on all job-related activities, functions, apparatus, and equipment, preparing reports, forms, recommendations, and other required administrative procedures. • Participates in a variety of public awareness and education activities to promote good public relations and fire safety awareness, including providing tours of fire facilities and giving presentations at local schools as requested; responds to complaints and requests for information from the public; engages in public information activities. • May assume the responsibilities of Fire Engineer upon the absence of a Fire Engineer, if all acting requirements have been met.
• Performs other duties as assigned.

MINIMUM QUALIFICATIONS
EDUCATION & EXPERIENCE:

Any combination of training and experience which would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Equivalent to the completion of the twelfth (12th) grade.

LICENSES & CERTIFICATIONS:
• Possession of a valid Class C California driver's license with a satisfactory driving record, and the ability to obtain a Fire Fighter "F" endorsement within 18 months of appointment.
• Possession of a Fire Fighter I certification or completion of an approved Basic Firefighter I Academy from an Accredited Regional Training Program by California State Fire Training, or IFSAC / PROBOARD Firefighter I or Firefighter II. • Possession of Hazardous Materials First Responder Operations certification • Ability to obtain Fire Fighter II certification with 12 months • Possession of a valid EMT-1 issued by a California Emergency Medical Services Authority or National Registry.
• Possession of a valid health care provider CPR certification.

FIREFIGHTER/EMT

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from a Fire Captain or assigned supervisor. Exercises no direct supervision over staff.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Responds to fire alarms, delivers all equipment, and implements fire suppression and firefighting techniques to rescue victims and protect private and public property. • Responds to emergency medical calls and provides basic life support functions such as patient assessment, splinting, and safe patient transport. • Serves within a command structure, requiring adherence to officers' orders in life threatening situations.
• Responds to structural residential, commercial, industrial, chemical, petroleum, vehicle, aircraft, and wildland fires, and performs search and rescue operations to remove persons from burning structures, and fire suppression techniques as appropriate; lays, connects, charges and uses supply lines and various water appliances to control and extinguish fires; places water curtains and performs ventilating and access maneuvers; uses foam and chemical extinguishers as required by the nature of the fire; operates fire streams as directed; raises and climbs ladders; ventilates roofs and windows. • Operates all types of portable fire extinguishers, pike poles, hand lines, smoke ejectors, salvage covers, forcible entry tools, aerial ladder equipment, emergency medical equipment, and other firefighting and medical equipment as required. • Performs salvage duties at fire scenes by placing salvage covers, sweeping, vacuuming up water, and removing debris.
• Conducts daily inspections of condition and readiness of fire department ambulances and all equipment including medical and first aid equipment; cleans, washes, and services fire apparatus, vehicles and equipment; inspects, tests, and maintains equipment and pump motors including nozzles, appliances, fittings, hydrants, fire extinguishers, hand and power tools, ropes, emergency lighting equipment, generators, rescue and first aid, and related equipment.
• Assists in the investigation of fires; obtains and preserves evidence at a fire scene, secures fire scene and controls traffic, and participates in determining fire origin and cause; may be required to testify in court, as necessary. • Assists in inspecting building structures to ensure code compliance; explains city fire codes and fire prevention policies and procedures to the public; identifies common, special, structural, and panic hazards and recommend pre-fire planning; issues orders to comply with codes; and prepares complete and accurate reports of inspection activities as required.
• Responds to emergency rescue calls, including auto accidents and collapsed buildings requiring extrication, search and rescue, gas system leaks, confined space rescues, and rope rescues.
• Performs overhaul operations to ensure the complete suppression of fire. • Maintains firefighting and emergency equipment in a clean and operable condition, including performing daily equipment checks, and performing basic repair of damaged equipment as necessary; maintains inventories of apparatus, equipment, and supplies. • Ensures the use of appropriate firefighting safety apparel and equipment and follows appropriate safety procedures as required.
• Works closely with other emergency medical staff, public safety, and fire personnel from other agencies, depending upon response situation.
• Responds to hazardous materials emergencies, including scene assessment, identifying the extent of damage and/or potential hazard to the community, implementing containment plans, and protecting fire personnel and civilians from exposure to chemicals.
• Responds to man-made and natural disasters, including fires, floods, earthquakes, crash rescues and other catastrophic events, including providing medical assistance and removing persons from harmful structures or exposure to fire, smoke, adverse weather conditions, and harmful materials.
• Performs all necessary training activities as assigned and in accordance with readiness and preparation for firefighting activities, including training in fire suppression, emergency medical training, hazardous materials, vehicle extrication, technical rescues, equipment use and maintenance, and other related functions; participates in fire drills. • Operates and maintains a variety of fire vehicles, apparatus, and equipment on a training basis.
• Maintains station and personal living areas in a clean and orderly manner and maintains surrounding grounds to ensure a safe and pleasant environment for fire personnel and the public.
• Performs a variety of administrative duties including maintaining proper records and documentation on all job-related activities, functions, apparatus, and equipment, preparing reports, forms, recommendations, and other required administrative procedures. • Participates in a variety of public awareness and education activities to promote good public relations and fire safety awareness, including providing tours of fire facilities and giving presentations at local schools as requested; responds to complaints and requests for information from the public; engages in public information activities. • May assume the responsibilities of Fire Engineer upon the absence of a Fire Engineer, if all acting requirements have been met.
• Performs other duties as assigned.

MINIMUM QUALIFICATIONS
EDUCATION & EXPERIENCE:

FIREFIGHTER/PARAMEDIC

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from a Fire Captain or assigned supervisor. Exercises no direct supervision over staff.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Responds to fire alarms, delivers all equipment, and implements fire suppression and firefighting techniques to rescue victims and protect private and public property. • Responds to emergency medical calls and administers advanced emergency medical procedures including EKG interpretation, intravenous access, drug therapy, endotracheal intubation, pediatric emergencies, cardioversion and defibrillation, needle thoracostomy, patient assessment techniques, and safe patient transport. • Serves within a command structure, requiring adherence to officers' orders in life threatening situations.
• Responds to structural residential, commercial, industrial, chemical, petroleum, vehicle, aircraft, and wildland fires, and performs search and rescue operations to remove persons from burning structures, and fire suppression techniques as appropriate; lays, connects, charges and uses supply lines and various water appliances to control and extinguish fires; places water curtains and performs ventilating and access maneuvers; uses foam and chemical extinguishers as required by the nature of the fire; operates fire streams as directed; raises and climbs ladders; ventilates roofs and windows. • Operates all types of portable fire extinguishers, pike poles, hand lines, smoke ejectors, salvage covers, forcible entry tools, aerial ladder equipment, emergency medical equipment, and other firefighting and medical equipment as required. • Performs salvage duties at fire scenes by placing salvage covers, sweeping, vacuuming up water, and removing debris.
• Conducts daily inspections of condition and readiness of fire department ambulances and all equipment including medical and first aid equipment; cleans, washes, and services fire apparatus, vehicles and equipment; inspects, tests, and maintains equipment and pump motors including nozzles, appliances, fittings, hydrants, fire extinguishers, hand and power tools, ropes, emergency lighting equipment, generators, rescue and first aid, and related equipment.
• Assists in the investigation of fires; obtains and preserves evidence at a fire scene, secures fire scene and controls traffic, and participates in determining fire origin and cause; may be required to testify in court, as necessary. • Assists in inspecting building structures to ensure code compliance; explains city fire codes and fire prevention policies and procedures to the public; identifies common, special, structural, and panic hazards and recommend pre-fire planning; issues orders to comply with codes; and prepares complete and accurate reports of inspection activities as required.
• Responds to emergency rescue calls, including auto accidents and collapsed buildings requiring extrication, search and rescue, gas system leaks, confined space rescues, and rope rescues.
• Performs overhaul operations to ensure the complete suppression of fire. • Maintains firefighting and emergency equipment in a clean and operable condition, including performing daily equipment checks, and performing basic repair of damaged equipment as necessary; maintains inventories of apparatus, equipment, and supplies. • Ensures the use of appropriate firefighting safety apparel and equipment and follows appropriate safety procedures as required.
• Works closely with other emergency medical staff, public safety, and fire personnel from other agencies, depending upon response situation.
• Responds to hazardous materials emergencies, including scene assessment, identifying the extent of damage and/or potential hazard to the community, implementing containment plans, and protecting fire personnel and civilians from exposure to chemicals.
• Responds to man-made and natural disasters, including fires, floods, earthquakes, crash rescues and other catastrophic events, including providing medical assistance and removing persons from harmful structures or exposure to fire, smoke, adverse weather conditions, and harmful materials.
• Performs all necessary training activities as assigned and in accordance with readiness and preparation for firefighting activities, including training in fire suppression, emergency medical training, hazardous materials, vehicle extrication, technical rescues, equipment use and maintenance, and other related functions; participates in fire drills. • Operates and maintains a variety of fire vehicles, apparatus, and equipment on a training basis.
• Maintains station and personal living areas in a clean and orderly manner and maintains surrounding grounds to ensure a safe and pleasant environment for fire personnel and the public.
• Performs a variety of administrative duties including maintaining proper records and documentation on all job-related activities, functions, apparatus, and equipment, preparing reports, forms, recommendations, and other required administrative procedures. • Participates in a variety of public awareness and education activities to promote good public relations and fire safety awareness, including providing tours of fire facilities and giving presentations at local schools as requested; responds to complaints and requests for information from the public; engages in public information activities. • May assume the responsibilities of Fire Engineer upon the absence of a Fire Engineer, if all acting requirements have been met.
• May provide direction to EMT-1 staff on medical emergencies. • Performs other duties as assigned.

MINIMUM QUALIFICATIONS
EDUCATION & EXPERIENCE:

LICENSES & CERTIFICATIONS:
• Possession of a valid Class C California driver's license with a satisfactory driving record, and the ability to obtain a Fire Fighter "F" endorsement within 18 months of appointment.
• Possession of a Fire Fighter I certification or completion of an approved Basic Firefighter I Academy from an Accredited Regional Training Program by California State Fire Training, or IFSAC / PROBOARD Firefighter I or Firefighter II. • Possession of Hazardous Materials First Responder Operations certification • Ability to obtain Fire Fighter II certification with 12 months • Possession of a valid EMT-P issued by a California Emergency Medical Services Authority or National Registry.
• Ability to obtain CCEMSA certification within 45 days of appointment. • Possession of the following certifications: Advanced Cardiac Life Support, and Pediatric Advanced Life Support.
• Possession of a valid health care provider CPR certification.

Fire Administrative Analyst

DEFINITION
Under direction and supervision of the fire chief, performs technical research, statistical and other analytical work; assists in long range budget preparation and forecasting; and fulfills other assignments in functional areas such as supervising business office functions, assisting with computer systems, accounting, payroll systems, personnel, purchasing and/or audits. The incumbent may be required to represent the department in public activities, meetings, or training and coordinates with other service areas, agencies or organizations and performs other jobrelated work as required.

MINIMUM QUALIFICATIONS
Knowledge of:
• Technical and operational aspects of assigned function or program area. • Statistical methods and principles
• Modern office procedures, and methods including computer equipment, word processing, spread sheet, data base, graphic presentations and other needed specialized software applications, and internet and electronic communication usage and methods. • Principles of financial record keeping and reporting; auditing; technical report writing and grant writing
• Budgeting procedures and techniques.
• Principles and practices of supervision, staff selection, training and personnel management.
• Principles of effective file management and time management • Safe work practices and related regulations.
• Federal, State, and local health and safety regulations • Principles of public speaking, conflict resolution and excellent customer service. • Provisions, principles and practices of municipal structure and organization Ability to:
• Learn City processes and procedures and specific requirements of assigned program area. • Learn pertinent federal, state and local laws, codes and regulations and policies associated with assigned program area.
• Work with and control sensitive and confidential information. • Estimate and project revenues and expenditures
• Plan, initiate, manage and complete complex and multiple simultaneous work assignments with a minimum of direction.
• Research and write grants and other technical reports. • Lead, manage, evaluate and train personnel effectively and maintain discipline. • Organize, implement and supervise departmental goals and City objectives. • Make presentations before groups and represent the city in public forums. • Use computer and needed programs in a highly effective manner. • Organize, analyze, manage and implement a variety of programs. • Prepare, forecast and administer a budget.
• Establish and maintain respectful, effective and cooperative working relationships with those contacted in the course of work.
• Communicate effectively, orally, electronically and in writing.

EDUCATION AND EXPERIENCE
Education:
• Equivalent to the completion of the 12th grade, supplemented with significant course work in the areas of Business Administration, Accounting, Public Administration, Economics or related fields.
• Desirable an associate’s degree from an accredited college or university with major course work in education, human resources, organizational behavior, business administration, public administration, or related field.

Experience:
• Two years of increasingly responsible technical, administrative or analytical experience in a public agency or any experience that would have provided the opportunity to develop the required skills, knowledge and abilities

LICENSE AND CERTIFICATES
• Possession of a valid California Driver’s License in the category necessary to perform essential duties of the position may be required at the time of appointment. Maintenance of a valid California Driver’s license and proof of automobile liability insurance is a condition of continued employment.

NON-SAFETY- PARAMEDIC
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
Under general supervision of a Fire Department Company Officer, provides definitive care and treatment to persons in life-threatening medical situations; respond to both routine and emergency medical aids.

EXAMPLES OF DUTIES - Examples of duties performed by employees in this class may not include all required duties, nor are all listed tasks necessarily performed by everyone in this class.

The Paramedic responds to medical emergencies; renders aid to injured parties; operates ambulances and other related medical equipment; Administers ACLS level medicines and procedures under medical control intervening in life-threatening medical emergencies utilizing the full scope of practice as assigned to a Paramedic under CCEMSA Protocol and practice; diagnoses medical problems and performs first-aid and resuscitator functions, participates in station, equipment and apparatus maintenance; attends training classes and drills; and other related duties as assigned.

MINIMUM QUALIFICATIONS:

Knowledge of:
▪ First aid methods.
▪ A basic understanding of fire-based Emergency Medical Services (EMS) delivery system. ▪ Cardiopulmonary Resuscitation (CPR)
▪ ACLS / PALS/ PHTLS
▪ Paramedic scope of practice, procedures, and equipment. ▪ English usage, spelling, grammar and punctuation.
▪ Principles and practices of customer service.

Ability to:
▪ Perform paramedic duties and maintain paramedic certification. ▪ Perform competently under extreme pressure and in stressful situations. ▪ Understand and act in accordance with departmental polices, rules, instructions and written material.
▪ Retain presence of mind in emergency situations.
▪ Understand and carry out oral and written directions. ▪ Establish effective working relationships with staff and the public. ▪ Maintain physical endurance and agility.
▪ Make accurate observations and rapid judgements.
▪ Demonstrate an awareness and appreciation of the cultural diversity of the community.

Experience and Training
Experience:

Six months of full- time field experience as a paramedic is highly desirable.

Training:

Equivalent to the completion of the twelfth grade.

License/Certificate:

Possess and maintain, as a condition of employment, the following:
• A current State of California Class C Driver’s License. • A current National Registry Paramedic certification as defined by the State of California Emergency Medical Services Authority (EMSA). • Ability to obtain a CCEMSA Paramedic certification.
• A current Cardiopulmonary Resuscitation (CPR) certification. • A Current ACLS/ PALS certificate.

WORKING CONDITIONS
Environmental Conditions: Possible exposure to varying inside temperatures, correspondent with seasonal climate outside; exposure to the hazards of emergency medical services, to smoke and hazardous material fumes, to heat from fires, seasonal elements at emergency sites; exposure to communicable diseases (HIV, HBV, HCV, tuberculosis, meningococcal meningitis, various parasites, etc.)
Physical Conditions: Essential and marginal functions require maintaining physical condition necessary for minimal to frequent bending, turning, reaching, grasping, kneeling, standing, sitting, and walking; and moderate to heavy pushing, pulling, lifting and carrying. Physical strength and agility to lift and carry heavy objects, such as a gurney while transporting patients; lift, pull and operate gurney; climb ladders and stairs; bend, stoop, kneel, and crawl in tight spaces.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Christina Windover, Assistant City Manager REVIEWED BY: AJH AGENDA ITEM: Salary Chart: Effective October 28, 2024
ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File

EXECUTIVE SUMMARY
Staff has updated the City of Kingsburg Salary Chart to reflect Council-approved MOU salary increases for the Kingsburg Professional Firefighters Association 2024-2026 MOU increases, new Fire Department classifications, and part-time hourly rates for the Fire Department and hourly rates for Nutrition Coordinators (partial funding supported by the Kingsburg Healthcare District Grant) for home-style cooked meals at the Senior Center. The following changes have been made to the city’s proposed Salary Chart:
• Part-time wages for Nutrition Coordinators increase from $17 per hour to $20 per hour. • MOU base salary increases: Kingsburg Professional Firefighter’s Association:

Firefighter/EMT 10.38% base salary increase
Firefighter/Paramedic 13.38% base salary increase
Fire/Engineer 13.38% base salary increase
Fire Captain/EMT 13.38% base salary increase
Fire Captain/Paramedic 11.38% base salary increase
• Fire Engineer/EMT: Job description and top annual salary of $77,604 • Fire Administrative Analyst: Job description and top annual salary of $70,077 • Part-time hourly wage for Non-Safety Paramedics increase to $24.84 per hour (this rate is based on the full-time position salary)

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the proposed Salary Chart.

POLICY ALTERNATIVE(S)

1. City ordinance and CalPERS require employee wages to be approved by the governing body of the agency.

Council can direct staff to revise the proposed salary charts and provide alternative direction to staff.

REASON FOR RECOMMENDATION/KEY METRIC

1. Financial Stability.

Meeting Date: 10/02/2024
Agenda Item: 6

Page 2 of 2 ends

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
Council approves all Salary Charts.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. July 1, 2024 Salary Chart showing base wages prior to the proposed changes.

2. Proposed red-lined Salary Chart – effective on October 28, 2024 with changes (in red).

FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? Varies
Salary Chart as of 07/01/2024
Annual except where noted A B C D E
Administration
City Manager 218,178
Assit City Manager /Director Admin Srvcs 135,259 142,022 149,124 156,580 164,409 Council Member-Mayor Monthly Stipend 300
Council Member Monthly Stipend 250
Community Development Director 129,029 135,481 142,255 149,368 156,836 Building Official 70,262 73,771 77,446 81,302 85,385
Bld. Ins/ Code Enforc I 46,201 48,515 50,920 53,476 56,137 Bld. Ins.Code Enforc II 55,411 58,179 61,098 64,168 67,374 Community Dev Admin Asst ll w/Plan Com 49,967 52,462 55,079 57,831 60,720 Neighborhood Improvement Officer/ Hourly 22.25
Finance Director 129,029 135,481 142,255 149,368 156,836 Accountant 62,300 65,415 68,686 72,120 75,726
PT Account Clerk 1/ Hourly 19.47 20.45 21.47 22.55 23.67 Account Clerk 1 40,500 42,526 44,659 46,897 49,226
Account Clerk II 44,402 46,610 48,939 51,404 53,975
Account Clerk II W/AP 46,594 48,923 51,389 53,959 56,636 Account Clerk III 48,818 51,252 53,838 56,515 59,343
Payroll Specialist 54,109 56,814 59,655 62,638 65,769
City Clerk 102,336 107,452 112,825 118,466 124,390
Community Services Director 106,781 112,120 117,726 123,612 129,793 Management Intern/ Hourly 16.00
Management Assistant 49,870 52,378 54,989 57,734 60,640 Fire
Fire Chief 142,376 149,495 156,970 164,819 173,059
Fire Adm Assistant 54,907 57,655 60,525 63,564 66,719
Fire Captain EMT 68,452.69 71,871.51 75,489.05 79,255.23 83,236.16 Fire Captain Paramedic 73,424.39 77,107.84 80,956.62 85,003.62 89,215.81 Fire Engineer/Paramedic 62,119.88 65,231.38 68,480.57 71,908.73 75,502.09 Firefighter/EMT 55,277.33 58,044.65 60,935.86 63,992.30 67,186.40 Firefighter/Paramedic 59,154.86 62,096.88 65,164.73 68,500.06 71,914.06 Firefighter/Paramedic 40 HR WW 44,318.24 46,534.84 48,861.58 51,298.47 53,859.26 Part-time Firefighter EMT 16.00 17.00 18.00
Non-Safety Paramedic/ Hourly 21.98
PT FF/Medic 17.00 19.00 21.98
Police
Police Chief 142,376 149,495 156,970 164,819 173,059
Police Lieutenant 106,465 111,788 117,378 123,247 129,409 Police Sergeant Classic 87,208 91,568 96,146 100,954 106,002 Police Sergeant hired+ 1/1/15 83,476 87,219 87,326 87,438 87,556 Police Officer 66,704 70,038 73,527 77,201 81,093
Police Officer hired+ 1/1/15 65,402 68,673 72,085 75,682 79,496 Police Recruit / Hourly 22.00
Police Admin Assistant 54,907 57,655 60,525 63,564 66,742 Police Service Technician 47,861 50,241 52,765 55,417 58,164 Police Records Supervisor 61,088 64,143 67,350 70,717 74,253 Community Services
Pool Manager/ Hourly 17.25
Aqua Aerobics Instructor/ Hourly 19.00
Lead Aqua Aerobics Instructor/ Hourly 20.50
Lead Guard/ Hourly 17.00
Lifeguard/ Hourly 16.00
Return Lifeguard/ Hourly 16.75
Pool Cashier/ Hourly 16.00 16.50
Nutrition Coordinator/ Hourly 17.00
Public Works
Public Works Director 129,029 135,481 142,255 149,368 156,836 Public Works Superintendent 68,487 71,912 75,507 79,283 83,247 Maintenance Worker I 42,103 44,190 46,398 48,712 51,147 Maintenance Worker III 52,130 54,746 57,498 60,357 63,381 Maintenance Worker II 44,008 46,201 48,515 50,920 53,476 Trolley Driver/ Hourly 30.50 Holiday 50.50
Water Operator I 45,914 48,213 50,617 53,158 55,789
Water Operator II 54,247 56,954 59,812 62,807 65,937
Water Operator III 65,801 69,098 72,546 76,191 80,002
Salary Chart as of 10/28/2024
Annual except where noted A B C D E
Administration
City Manager 218,178
Assit City Manager /Director Admin Srvcs 135,259 142,022 149,124 156,580 164,409 Council Member-Mayor Monthly Stipend 300
Council Member Monthly Stipend 250
Community Development Director 129,029 135,481 142,255 149,368 156,836 Building Official 70,262 73,771 77,446 81,302 85,385
Bld. Ins/ Code Enforc I 46,201 48,515 50,920 53,476 56,137 Bld. Ins.Code Enforc II 55,411 58,179 61,098 64,168 67,374 Community Dev Admin Asst ll w/Plan Com 49,967 52,462 55,079 57,831 60,720 Neighborhood Improvement Officer/ Hourly 22.25
Finance Director 129,029 135,481 142,255 149,368 156,836 Accountant 62,300 65,415 68,686 72,120 75,726
PT Account Clerk 1/ Hourly 19.47 20.45 21.47 22.55 23.67 Account Clerk 1 40,500 42,526 44,659 46,897 49,226
Account Clerk II 44,402 46,610 48,939 51,404 53,975
Account Clerk II W/AP 46,594 48,923 51,389 53,959 56,636 Account Clerk III 48,818 51,252 53,838 56,515 59,343
Payroll Specialist 54,109 56,814 59,655 62,638 65,769
City Clerk 102,336 107,452 112,825 118,466 124,390
Community Services Director 106,781 112,120 117,726 123,612 129,793 Management Intern/ Hourly 16.00
Management Assistant 49,870 52,378 54,989 57,734 60,640 Fire
Fire Chief 142,376 149,495 156,970 164,819 173,059
Fire Administrative Analyst 57,652 60,535 63,562 66,740 70,077 Fire Adm Assistant 54,907 57,655 60,525 63,564 66,719
Fire Captain/EMT 77,615.08 81,495.84 85,570.63 89,849.16 94,341.62 Fire Captain/Paramedic 81,783.76 85,872.94 90,166.59 94,674.92 99,408.67 Fire Engineer/EMT 63,845.00 67,037.25 70,389.12 73,908.57 77,604.00 Fire Engineer/Paramedic 70,434.63 73,956.36 77,654.18 81,536.88 85,613.73 Firefighter/EMT 61,017.88 64,068.78 67,272.22 70,635.83 74,167.62 Firefighter/Paramedic 67,072.74 70,426.38 73,947.70 77,645.08 81,527.34 Firefighter/Paramedic 40 HR WW 50,250.24 52,762.75 55,400.89 58,170.93 61,079.48 Part-time Firefighter EMT 16.00 17.00 18.00
Non-Safety Paramedic/ Hourly 24.92
PT FF/Medic 17.00 19.00 24.92
Police
Police Chief 142,376 149,495 156,970 164,819 173,059
Police Lieutenant 106,465 111,788 117,378 123,247 129,409 Police Sergeant Classic 87,208 91,568 96,146 100,954 106,002 Police Sergeant hired+ 1/1/15 83,476 87,219 87,326 87,438 87,556 Police Officer 66,704 70,038 73,527 77,201 81,093
Police Officer hired+ 1/1/15 65,402 68,673 72,085 75,682 79,496 Police Recruit / Hourly 22.00
Police Admin Assistant 54,907 57,655 60,525 63,564 66,742 Police Service Technician 47,861 50,241 52,765 55,417 58,164 Police Records Supervisor 61,088 64,143 67,350 70,717 74,253 Community Services
Pool Manager/Hourly 17.25
Aqua Aerobics Instructor/Hourly 19.00
Lead Aqua Aerobics Instructor/Hourly 20.50
Lead Guard/Hourly 17.00
Lifeguard/Hourly 16.00
Return Lifeguard/Hourly 16.75
Pool Cashier/Hourly 16.00 16.50
Nutrition Coordinator/Hourly 20.00
Public Works
Public Works Director 129,029 135,481 142,255 149,368 156,836 Public Works Superintendent 68,487 71,912 75,507 79,283 83,247 Maintenance Worker I 42,103 44,190 46,398 48,712 51,147 Maintenance Worker III 52,130 54,746 57,498 60,357 63,381 Maintenance Worker II 44,008 46,201 48,515 50,920 53,476 Trolley Driver/ Hourly 30.50 Holiday 50.50
Water Operator I 45,914 48,213 50,617 53,158 55,789
Water Operator II 54,247 56,954 59,812 62,807 65,937
Water Operator III 65,801 69,098 72,546 76,191 80,002

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Neil Dadian, Chief of Police REVIEWED BY: AJH AGENDA ITEM: Dispatch Service and 911 answering services with the Fresno County Sheriff’s Office ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
On March 15, 2016, the Fresno County Sheriff’s Office was contracted to provide Police Dispatch services for the Kingsburg Police Department. The proposed updated Agreement begins and is retroactive on July 1, 2024 and terminates on June 30, 2027, and may be extended for no more than two, one year periods. The rate is $14,258.14 a month, based upon the County’s Master Schedule of Fees.

RECOMMENDED ACTION BY CITY COUNCIL

1. Authorize the City Manager to sign the Dispatch Service and 911 Answering Services Agreement with the Fresno County Sheriff’s Office.

POLICY ALTERNATIVE(S)

1. To not authorize the City Manager to sign the agreement and attempt to locate another agency to provide dispatch/911 services or, re-establish our own dispatch center.

STRATEGIC GOAL(S) MET:

1. Community Safety.

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
None

BACKGROUND INFORMATION
The Kingsburg Police Department relies on dispatch services to provide the link between the citizens and police officers in the field, who provide police services. The agreement allows our residents to contact Kingsburg police officers in the field via the Fresno County Sheriff’s Office Dispatch Center who communicate critical information and communications with our officers. By contacting with the Fresno County Sheriff’s Office, the City of Kingsburg does not need to staff a dispatch center, provide any personnel staffing, personnel training, or update old or antiquated telephone, radio or 911 equipment. This agreement has been in place since March 15, 2016 and has been renewed on a triennial basis. Since the agreement has been in place, all calls for service have been dispatched at an acceptable level and the citizens of Kingsburg have not seen any reduction or delay in services. The new agreement for fiscal year 2024-2027 will cost $210,342.75. The total cost to the city of Kingsburg for this 3-year Meeting Date: 10/02/2024
Agenda Item: 7
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 001-3400-539-5229

Page 2 of 2 ends

agreement, with two one-year extensions, will be no more than $1,284,164.00. Payments will be made on a monthly basis to the County of Fresno.

ATTACHED INFORMATION

1. Proposed service agreement with the County of Fresno to provide law enforcement services/911 answering responsibilities.
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1 SERVICE AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between the County of Fresno, a political subdivision of the State of California (“County”) and City of Kingsburg, a municipal corporation, whose address is 1401 Draper Street, Kingsburg, CA 93631, hereinafter referred to as “City”. County and City may be collectively referred to herein as “Parties” or in the singular as “Party.”
Recitals
A. WHEREAS, City desires to secure law enforcement dispatch services/9-1-1 answering responsibilities for City from County, through the Fresno County Sheriff’s Office, within City’s boundaries;
B. WHEREAS, County has provided these services to City through its Sheriff’s Office or its designee (“Sheriff’s Office”) since March of 2016;
C. WHEREAS, County agrees to continue to render such law enforcement dispatch services/9-1-1 answering responsibilities for City within the City’s boundaries, and City agrees to pay County the cost of performing such services at the rates and according to the terms and conditions set forth in this Agreement.

The parties therefore agree as follows:

County’s Services

1.1 Scope of Services. County shall provide law enforcement dispatch services as described in Exhibit A, attached and incorporated by this reference.

1.2 The performance of law enforcement dispatch/9-1-1 answering responsibilities for City, including the standards of performance, the discipline and control of personnel and officers, and all other matters incident to the performance of these services shall be the right and responsibility of County. In the case of a dispute between the Parties as to the extent, duties, or functions to be rendered under this Agreement, or the minimum level or manner of such performance of such services, the determination made by the County, through its Sheriff’s Office, shall be final and conclusive.
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2 1.3 Representation. The County represents that it is qualified, ready, willing, and able to perform all of the services provided in this Agreement.

1.4 Compliance with Laws. The County shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations.

City’s Responsibilities

2.1 Obligations of the City. City agrees to convert the radios in its police vehicles to such frequencies as required by the Sheriff’s Office’s communications systems. City shall also place radios in its police vehicles that have a primary and secondary channeling ability, as determined by the Sheriff’s Office, for the purpose of ensuring reasonable communications backup.

2.2 City shall have its police personnel use such alpha-numerical identifier system as determined by the Sheriff’s Office, and City assumes responsibility for keeping the Sheriff’s office communications system secure, as required by law.

2.3 City agrees that its personnel shall comply with the Sheriff’s Office radio procedures, and that it shall hold its employees accountable for failing to comply with such radio procedures.

2.4 City shall timely pay County for services rendered under this Agreement, as provided in Article 3.

Compensation, Invoices, and Payments

3.1 The City agrees to pay, and the County agrees to receive, compensation for the performance of its services under this Agreement as described in Exhibit B to this Agreement, titled “Compensation.” The parties also recognize and agree that the monthly compensation due to County for services rendered under this Agreement may be updated from time to time based upon changes to the “per resident charge” and “population estimate” figures in Exhibit B.

County shall provide City with written notice of charges to the monthly compensation due to County. Such notice shall be given in March of 2025, and yearly thereafter during the term of 1 2
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3 this Agreement. Upon City’s approval of the changes to the monthly compensation due to County due to changes to the “per resident charge” and “population estimate” figures, the new monthly compensation amount shall be effective July 1st of the same year notice of the change was given by County.

3.2 As indicated in Exhibit B, the rate specified per resident (Dispatcher Per Capita) to be charged by County, and subsequently paid by City, are the rates set forth in the County’s Master Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (d), for performing the dispatching services under this Agreement. The parties agree that if and when the Master of Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (d), is amended, changed, or revised, in any way that changes the rates being charged for the services identified in this Agreement, that the new rate will be charged by the County, and paid by the City, for any services provided pursuant to this Agreement and Exhibit B, from the date of the amendment, change, or revision, going forward. The parties further agree that if and when the Master of Schedule of Fees, Charges and Recovered Costs is amended changed, or revised, in any way that changes the rates being charged for the services identified in this Agreement and Exhibit B, replacing any contrary or conflicting rate, from the effective date of the amendment, change, or revision in the rate(s), and will become the new rate to be paid by the City to County for services provided, from the effective date of the rate change forward. The parties acknowledge that the County’s Master Schedule of Fees, Charges, and Recovered Costs is subject to change.

3.3 Maximum Compensation. The maximum compensation payable to the County under this Agreement shall not exceed $1,284,164. The County acknowledges that the City is a local government entity, and does so with notice that the County’s powers are limited by the California Constitution and by State law, and with notice that County may receive compensation under this Agreement only for services performed according to the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount payable under this section. The County further acknowledges that City employees have no authority to pay the County except as expressly provided in this Agreement. The maximum total is estimated with a 1 2
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4 10% increase, which may be less or more, depending on the approved Master of Schedule of Fees. As of fiscal year 2024-25, City of Kingsburg population is 12,865 multiplied by the Dispatcher Per Capita rate at $16.35. Thereafter, the estimated 10% increases are as follows:

FY 2024-25 (Year 1) (Population 12,865 x rate $16.35) $210,342.75 FY 2025-26 (Year 2) (Estimated 10% increase ($210,342.75 x 10% = $21,034.28) $231,377.03
FY 2026-27 (Year 3) (Estimated 10% increase ($231,377.03 x 10% = $23,137.70) $254,514.73
FY 2027-28 (Year 4) (Estimated 10% increase ($254,514.73 x 10% = $25,451.47) $279,966.20
FY 2028-29 (Year 5) (Estimated 10% increase ($279,966.20 x 10% = $27,996.62) $307,962.82
Total $1,284,163.53, rounded up to $1,284,164

3.4 Invoices. The County shall submit monthly invoices to the City and City shall pay the County within thirty (30) calendar days of receipt of any such invoice. At the end of the Fiscal Year, or the expiration or termination of this Agreement, County may, in the discretion of Sheriff or its designee, submit a final invoice for all amounts then unpaid, including, but not limited to, any remaining, unpaid hours of dispatching services, as outlined in Article 1 and City shall pay the full amount of this final invoice within thirty (30) days of receipt thereof.

3.5 Payment. The City shall pay each correctly completed and timely submitted invoice within thirty (30) days after receipt. Any payment made more than thirty (30) days after receipt of an invoice may result in contract termination of service reduction, in the sole discretion of the Fresno County Sheriff’s Office, without any penalty or recourse against County. City shall remit payments to the County’s address specified in the invoice.

3.6 Incidental Expenses. The County is solely responsible for all of its costs and expenses that are not specified as payable by the County under this Agreement. 1 2
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5 Term of Agreement

4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June 30, 2027, except as provided in section 4.2, “Extension,” or Article 6, “Termination and Suspension,” below.

4.2 Extension. The term of this Agreement may be extended for no more than two, one-year periods only upon written approval of both parties at least 30 days before the first day of the next one-year extension period. The Sheriff or his or her designee is authorized to sign the written approval on behalf of the County based on the City’s satisfactory performance. The extension of this Agreement by the County is not a waiver or compromise of any default or breach of this Agreement by the City existing at the time of the extension whether or not known to the County.

Notices

5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following:

For the County:

Sheriff’s Captain
Sheriff-Coroner-Public Administrator
County of Fresno
2200 Fresno Street
Fresno, CA 93721
[email protected]
Fax: 559-600-8318
For the City:

Chief of Police
Kingsburg Police Department
City of Kingsburg
1300 California Street
Kingsburg, CA 93631
Fax: 559-897-2265

5.2 Change of Contact Information. Either party may change the information in section 5.1 by giving notice as provided in section 5.3. 1 2
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6 5.3 Method of Delivery. Each notice between the County and the City provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
(C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
(D) A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a County business day), provided that the sender maintains a machine record of the completed transmission.

5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).

Termination and Suspension

6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then the County, upon at least 30 days’ advance written notice to the City, may:
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7 (A) Modify the services provided by the County under this Agreement; or (B) Terminate this Agreement.

6.2 Termination for Breach.
(A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to the City. The written notice may suspend performance under this Agreement, and must provide at least 30 days for the City to cure the breach.
(B) If the City fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. (C) For purposes of this section, a breach occurs when, in the determination of the County, the City has:
(1) Obtained or used funds illegally or improperly;
(2) Failed to comply with any part of this Agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or (4) Improperly performed any of its obligations under this Agreement.

6.3 Termination without Cause. In circumstances other than those set forth above, either party may terminate this Agreement by giving at least 30 days advance written notice to the other party.

6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County under this Article 6 is without penalty to or further obligation of the County.

Independent Contractor

7.1 Status. In performance of the work, duties and obligations assumed by County under this Agreement, it is mutually understood and agreed that County, including any and all of County’s officers, agents, and employees, will at all times be acting and performing as an independent contractor, and shall act in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which County shall perform its 1 2
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8 work and function. However, City shall retain the right to administer this Agreement so as to verify that County is performing its obligations in accordance with the terms and conditions thereof.

7.2 Verifying Performance. City and County shall comply with all applicable provision of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. The City has no right to control, supervise, or direct the manner or method by which County shall perform its work or function, but the City may verify that the County is performing according to the terms of this Agreement.

7.3 Benefits. The Parties shall be solely liable and responsible for providing to, or on behalf of, their employees all legally-required employee benefits. In addition, Parties shall be solely responsible and save the other Party harmless from all matters relating to payment of each Party’s employees, including compliance with Social Security withholding and all other regulations governing such matters.

7.4 Services to Others. The parties acknowledge that, during the term of this Agreement, the County may provide services to others unrelated to the City.

Indemnity and Defense

8.1 Indemnity. The City agrees to indemnify, save, hold harmless, and at County’s request, defend County, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to County in connection with the performance, or failure to perform, by City, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of City, its officers, agent, or employees under this Agreement.

The County agrees to indemnify, save, hold harmless, and at City’s request, defend City, its officers, agents, and employees from any and all costs and expenses (including 1 2
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9 attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to City in connection with the performance, or failure to perform, by County, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of County, its officers, agent, or employees under this Agreement.

8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.

Reserved
Inspections, Audits, and Public Records

10.1 Inspection of Documents. Either party shall make available to the other party, and either party may examine at any time during business hours and as often as a party deems necessary, all of the other party’s records and data with respect to the matters covered by this Agreement, excluding attorney-client privileged communications. A party shall, upon request by the other party, permit the requesting party to audit and inspect all of such records and data to ensure the party’s compliance with the terms of this Agreement.

10.2 State Audit Requirements. If this Agreement exceeds $10,000, the County and City shall be subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three years after final payment under this Agreement. This section survives the termination of this Agreement.

10.3 Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the City may provide to the County. The County’s public disclosure of this Agreement or any record or data that the City may provide to the County may include but is not limited to the following:
(A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental agency.
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10 (B) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the City may provide to the County, unless such disclosure is prohibited by court order.
(C) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). (D) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”).
(E) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the City may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.

10.4 Public Records Act Requests. If a party (“Requesting Party”) receives a written or oral request under the CPRA to publicly disclose any record that is in the other party’s (“Disclosing Party”) possession or control, and which the Requesting Party has a right, under any provision of this Agreement or applicable law, to possess or control, then the Requesting Party may demand, in writing, that the Disclosing Party deliver to the Requesting Party, for purposes of public disclosure, the requested records that may be in the possession or control of the Disclosing Party. Within five business days after the Requesting Party’s demand, the Disclosing Party shall (a) deliver to the Requesting Party all of the requested records that are in the Disclosing Party’s possession or control, together with a written statement that the 1 2
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11 Disclosing Party, after conducting a diligent search, has produced all requested records that are in the Disclosing Party’s possession or control, or (b) provide to Requesting Party a written statement that the Disclosing Party, after conducting a diligent search, does not possess or control any of the requested records. The Disclosing Party shall cooperate with the Requesting Party with respect to any such demand for such records. If the Disclosing Party wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the Requesting Party and assert the exemption by citation to specific legal authority within the written statement that it provides to the Requesting Party under this section. The Disclosing Party’s assertion of any exemption from disclosure is not binding on the Requesting Party, but the Requesting Party will give at least 10 days’ advance written notice to the Disclosing Party before disclosing any record subject to the Disclosing Party’s assertion of exemption from disclosure. The Disclosing Party shall indemnify the Requesting Party for any court-ordered award of costs or attorney’s fees under the CPRA that results from the Disclosing Party’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the Requesting Party with respect to the Requesting Party’s demand for any such records.

Reserved
General Terms

12.1 Modification. Any matters of this Agreement may be modified from time to time by written consent of all parties without, in any way, affecting the remainder. Except as provided in Article 6, “Termination and Suspension,” this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The City acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement.

12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party. 1 2
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12 12.3 Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.

12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. City consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.

12.5 Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party.

12.6 Days. Unless otherwise specified, “days” means calendar days.

12.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.

12.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent.

12.9 Nondiscrimination. During the performance of this Agreement, the City shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.

12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the City under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the City and does not prohibit enforcement by the County of any obligation on any other occasion.
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13 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the City and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.

12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties.

12.13 Authorized Signature. The City represents and warrants to the County that:
(A) The City is duly authorized and empowered to sign and perform its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.

12.14 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
(B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
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14 (C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
(E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.

12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURE PAGE FOLLOWS]
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15 The parties are signing this Agreement on the date stated in the introductory clause.

CITY OF KINGSBURG
_________________________________
Alexander J. Henderson, City Manager
1401 Draper Street
Kingsburg, CA 93631

COUNTY OF FRESNO
_________________________________
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
Attest:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _______________________
Deputy
For accounting use only:

Org No.: 31113320
Account No.: 4975
Fund No.: 0001
Subclass No.: 10000
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Exhibit A
A-1
Scope of Services
Law Enforcement Dispatch Services: County agrees, through its Sheriff’s Office, to receive phone calls at the Sheriff’s Office communications center for requests to dispatch City’s police department personnel in response to such requests. The dispatching services provided under this Agreement do not include, and the Sheriff’s Office shall not provide, any dispatch services for requests for emergency medical services or fire suppression services. If the Sheriff’s Office receives telephone calls requesting emergency medical services or fire suppression services within City boundaries, the Sheriff’s Office shall transfer those calls to the emergency medical services dispatching center. The Sheriff’s Office shall provide dispatch services via the radio to direct City’s police department personnel to various calls for service.

The Sheriff’s Office shall also provide, within the limitations of this Agreement, training to City’s police personnel in the use of the Sheriff’s Office’s radio procedures and language as deemed necessary by the Parties. This training shall cover the computer priority systems, uniformity of dispositions, and radio language and proper radio etiquette. 1 2
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Exhibit B
B-1
The County will be compensated for performance of its services under this Agreement as provided in this Exhibit B. The County is not entitled to any compensation except as expressly provided in this Exhibit B, and as described in this Agreement.

1. County agrees to perform services for the City at the rate specified below per resident of the City (as determined by the State Department of Finance certified population estimated as of January 1st of that year) until such time as the rate is updated pursuant to Article 3 of this Agreement. Under this Agreement, the County’s cost recovery shall be 100%, at the then-current rate (i.e. the rate listed at the time the service is provided) listed in the Master Schedules of Fees Charges, and Recovered Costs, Section 2609, subdivision (a), for the Dispatcher Per Capita at the rate, per hour. City acknowledges that these rates are subject to change, as delineated in the Agreement. The total amount of the Law Enforcement Dispatch Services to be provided and paid for, and the manner of invoicing, is depicted in the Agreement.

2. Monthly Charge for FY 2024-25 (July 1, 2024 - June 30, 2025) (hereinafter the “2025- 2025 Monthly Charge”) is charged to the latest approved Master Schedule of Fees (MSF) on November 28, 2023 rates for the following:

A. The methodology to calculate these amounts are as follows:
• (July 1, 2024 – June 30, 2025) Per resident charge = $16.35 (100% of $16.35 per resident)
• Number of residents in City (as determined by State Department of Finance certified population estimate as of January 1, 2023) = 12,865 • 2024-2025 Monthly Charge = ($16.35/resident x 12,865 residents)/12 months = $17,529/month

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AJH AGENDA ITEM: Acceptance of FY 23-24 Streets Project
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The City Council previously awarded a contract to Don Berry Construction for the FY 23-24 Streets Project. The project has been completed to the satisfaction of the City Engineer and Public Works Director. The one-year warranty period will begin upon the filing of the Notice of Completion which will follow the Council’s acceptance of the project.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends accepting the FY 23-24 Streets Project and authorizing the City Engineer to file the Notice of Completion.

POLICY ALTERNATIVE(S)

1. Council could choose not to accept the project.

STRATEGIC GOAL(S) MET:

1. Preserve the Kingsburg Experience

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
The City Council previously awarded a contract to Don Berry Construction for the FY 23-24 Streets Project on May 1, 2024.

BACKGROUND INFORMATION
The project improvements include surface preparation, hot mix asphalt, pavement grinding, pavement striping, installing water main, water valves, fire hydrants assemblies, fire hydrant services, concrete improvements, markers and markings, and trenching backfill and pavement surface replacement. The project was completed to the satisfaction of the City Engineer and Public Works Director. The one-year warranty period will begin upon the filing of the Notice of Completion which will follow the Council’s acceptance of the project.

ATTACHED INFORMATION

1. Location Map
Meeting Date: 10/02/2024
Agenda Item: 8
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AP AGENDA ITEM: Acceptance of Donation for Matioan Parcel APN 394-042-04 ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
In August 2022, the City Council approved both a donation agreement and a development agreement for a 13.24 acre property located adjacent to the northwest corner of the Kingsburg Business Park, referred to as the (Matoian Parcel), APN 394-042-04. The agreement provides for the property to be annexed into the City and for a 3-acre portion to the donated to the City for future development of a new City Hall / Council Chambers facility.

The annexation of the Matoian Parcel has been completed with Fresno County Local Agency Formation Commission (LAFCo). In order to complete the transfer of the 3-acre donation property, the City must accept the donation via resolution after which city staff will submit the executed gift deed to the Fresno County Clerk’s office for recordation and transfer of the property.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends adopting Resolution 2024-043 to accept donation of the 3-acre property for public use.

POLICY ALTERNATIVE(S)

1. Council could choose not to accept the donation of the property.

STRATEGIC GOAL(S) MET:

1. Financial Stability

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
The City Council previously approved donation and development agreements on August 17, 2022.

BACKGROUND INFORMATION
On August 17, 2022, the City Council approved both a donation agreement and a development agreement with George and Darlene Matoian for a 13.24-acre property located adjacent to the northwest corner of the Kingsburg Business Park, referred to as the (Matoian Parcel), APN 394-042-04. The agreement provides for the property to be annexed into the City and for a 3-acre portion to the donated to the City for future development of a new City Hall / Council Chambers facility.

Meeting Date: 10/02/2024
Agenda Item: 9
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

Page 2 of 2 ends

The annexation of the Matoian Parcel has been completed with Fresno County Local Agency Formation Commission (LAFCo). Per California Code, GOV § 66428, “A parcel map shall not be required for… land conveyed to or from a governmental agency.” In order to complete the transfer of the 3-acre donation property, the City must accept the donation via resolution after which city staff will submit the executed gift deed to the Fresno County Clerk’s office for recordation and transfer of the property.

After transfer of the 3-acre property from Mr. and Mrs. Matoian, the City will design and construct an access road and water/sewer utility services to serve the parcels per the approved development agreement.

ATTACHED INFORMATION

1. Resolution 2024-043

2. Gift Deed

3. Subject Parcel

4. Signed Development Agreement
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )
(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION NO. 2024-043

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG
ACCEPTANCE OF OFFER OF DONATION FOR A PORTION OF APN 394-042-04

IN FRESNO COUNTY
WHEREAS, the City of Kingsburg previously approved donation and development agreements with George and Darlene Matioan, which include provisions to donate a 3- acre portion of their property to the City of Kingsburg and; WHEREAS, the City of Kingsburg desires to acquire such property and approves the process for acquisition of the property per the conditions set forth in the development agreement.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council of the City of Kingsburg hereby accepts the offer of donation for a portion of APN 394-042-04 in Fresno County from George and Darlene Matoian for future public use.
******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 2nd of October 2024 by the following vote:

Ayes: Councilmember(s):

Noes: Councilmember(s):

Absent: Councilmember(s):

Abstain: Councilmember(s):

Abigail Palsgaard, City Clerk
City of Kingsburg

STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss

CITY OF KINGSBURG )
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of said City Council held on the 2nd of October 2024.

Dated: October 3, 2024
____________________________________
Abigail Palsgaard, City Clerk

GIFT DEED AND CERTIFICATE OR RESOLUTION OF ACCEPTANCE
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )

[SPACE ABOVE THIS LINE FOR RECORDER’S USE]
DOCUMENTARY TRANSFER TAX $ .......-0-…… ….. Computed on the consideration or value of property conveyed; OR ….. Computed on the consideration or value less liens or encumbrances remaining at the time of sale.

Signature of declarant or agent determining tax

GRANT DEED
FOR NO CONSIDERATION, GEORGE MATOIAN and DARLENE MATOIAN hereby irrevocable GRANT to the CITY OF KINGSBURG, a municipal corporation the real property located in the County of Fresno, State of California, described as SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
APN: 394-042-04
Dated: ___________________
____________________________________

GEORGE MATOIAN
____________________________________

DARLENE MATOIAN

MAIL TAX STATEMENTS AS DIRECTED ABOVE
ULS Job No. 2024‐01‐MATOIAN
ATTACHMENT “A”

LEGAL DESCRIPTION

MATOIAN GIFT DEED
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 16 SOUTH, RANGE 22 EAST,

MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AS DESCRIBED IN DEED DOCUMENT No. 2015‐0040268 OFFICIAL RECORDS FRESNO COUNTY, AND AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 67 OF RECORD OF SURVEYS AT PAGE 57 FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING [1] AT THE SOUTHWEST CORNER OF SAID PARCEL AS DESCRIBED IN DOCUMENT No. 2015‐0040268 AND AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 67 OF RECORD OF SURVEYS AT PAGE 57 FRESNO COUNTY RECORDS;
THENCE [2] NORTH 00°00’39” EAST, ALONG THE WEST LINE OF SAID PARCEL A DISTANCE OF 398.01’ THENCE [3] LEAVING SAID WEST LINE SOUTH 89°58’55” EAST, PARALLEL WITH THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 315.00’;
THENCE [4] SOUTH 00°00’39” WEST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 132.62’; THENCE [5] SOUTH 89°58’55” EAST, PARALLEL WITH THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF

20.00’
THENCE [6] SOUTH 00°00’39” WEST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 265.39’ TO A POINT OF THE SOUTH LINE OF SAID PARCEL;
THENCE [7] CONTINUING ALONG SAID SOUTH LINE NORTH 89°58’55” WEST A DISTANCE OF 335.00’ TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 3.00 ACRES, MORE OR LESS.

GIFT DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the GIFT DEED dated ____________, 2024 from GEORGE MATOIAN and DARLENE MATOIAN to the CITY OF KINGSBURG, a municipal corporation, is hereby accepted by order of the City Council of the CITY OF KINGSBURG and the Grantee consents to recordation by its duly authorized officer.

Dated: ____________, 2024 CITY OF KINGSBURG
A municipal corporation
By: __________________________
ALEXANDER J. HENDERSON
City Manager
Attest: ______________________

ABIGAIL PALSGAARD
City Clerk

Subject Parcel
2022-08-09

AGREEMENT TO DEVELOP VACANT LAND
This AGREEMENT TO DEVELOP VACANT LAND ("Agreement") is made and entered into the J-JI OrV of August, 2022 ("Effective Date"), by and between the CITY OF KINGSBURG, a Charter city ("City'), and GEORGE MATOIAN, an individual and DARLENE MATOIAN, an individual as Husband and Wife as joint tenants (collectively "Owner"). City and Owner shall be referred in this Agreement jointly as the "Parties" and individually as a "Party."

RECITALS
A. Owner is the owner of that certain real property located in Fresno County, California, consisting of approximately 13.24 (+l-) acres, APN: 394-042-04 and more particularly described on Exhibit "A" which is attached hereto and made a part hereof ("Property"). The Property is located adjacent to the City of Kingsburg city limits and adjacent to the Kingsburg Business Park.

B. The City is seeking a location for the construction of a new City Hall and related improvements (collectively "City Project"). ln accordance with the provisions of an Agreement For Donation of Real Property by and between the City and the Owner, the Owner agreed to donate to the City three (3) acres of the Property ("Three Acre Parcel") for location of the City Project. The City is reviewing opportunities and alternatives available to the City to provide financing for the construction of the City Project.

C. City has agreed to take the required actions to annex the Property into the City, create the Three Acre Parcel with a parcel map for the Property and construct the off-site improvements for the Three Acre Parcel and Owner has agreed to construct the offsite improvements for the remaining 1Q.24 acres (collectively "Remaining Acres") all in accordance with the provisions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and having determined that the foregoing recitals are true and correct and hereby incorporated into this Agreement and intending to be legally bound, the Parties agree as follows:

DEFINITIONS
The following words and phrases are used as defined terms throughout this Agreement.

Each defined term shall have the meaning set forth below.

1.1 Applications. "Application(s)" means a completed application for the applicable land use entitlements for the City Project and the Remaining Acres and complying with all current City ordinances provided that any additional or alternate land use requirements in City ordinances enacted after the Effective Date, shall apply.

1.2 Assiqnment. Sale, conveyance, transfer, lease, or assignment of the Remaining Acres

1.3 Capital Facilities Fees/Development lmpact Fees. "Gapital Facilities Fees" means a monetary Exaction as defined in Section 1.14, other than a tax or assessment, which is levied by the City for the purpose of defraying all or a portion of the cost of public facilities and services but does not include fees for processing applications for land use entitlements, or other fees or exactions authorized by this Agreement.

INTENTIONALLY DELETED

1.5 Default. A "Default" refers to any default, breach, or violation of a provision of this Agreement as defined in Section 9. A "City Default" refers to a Default by the City, while a "Owner Default" refers to a Default by Owner.

1.6 Development. "Development" means the improvement of the Three Acre Parcel or the Remaining Acres by constructing and installing the improvements and facilities as defined in this Agreement including, without limitation: the construction of infrastructure and public facilities related to the development of the City Project or development of the Remaining Acres.

1.7 Development Approvals. "Development Approvals" means City's approval of all applicable site-specific plans, maps, permits, and entitlements of every kind and nature.

Development Approvals include, without limitation, City's approval of all applicable site plans, variances, zoning designations, planned unit developments, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports.

1.8 Effective Date. The "Effective Date" means the date the Agreement becomes effective as set forth in Section 2.2.

1.9 Exaction. "Exaction" means dedications of land and payment of development fees including, without limitation capital facilities fees.

1.10 lmprovements. "lmprovements" mean all of the public lmprovements and Private lmprovements, respectively, to be constructed onsite or offsite the Three Acre Parcel or the Remaining Acres in accordance with the Development Approvals and the Land Use Regulations.

1.11 Land Use Reoulations. "Land Use Regulations" means all federal, state and local land use laws, regulations and rules applicable to the development of the City Project or the Remaining Acres.

1.12 Mortoaoe. "Mortgage" means a deed of trust, leasehold or other transaction in which all or any portion of or interest in the Three Acre Parcel or the Remaining Acres are pledged as security.

1.13 Mortoaoee. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage, including the beneficiary of a deed of trust and the holder of any Mortgage, or other security interest, or the lessor under a lease-back, or the grantee under any other conveyance for financing.

1.14 Private lmprovements. "Private Improvements" means all improvements to be constructed on the Remaining Acres in accordance with Development Approvals and Land Use Regulations.

1.15 Public lmprovements. "Public lmprovements" means all on-site and off-site public improvements required to be constructed as part of the development of the Three Acre 2 Parcel or the Remaining Acres pursuant to all applicable City specifications, development standards and requirements and as otherurrise required by the Development Approvals and Land Use Regulations for the Three Acre Parcel or the Remaining Acres.

INTENTIONALLY DELETED

1.17 Term. The "Term" means that period of time during which this Agreement shall be in effect and bind the Parties.

2. TERM

2.1 Term. The Term shall commence on the Effective Date and shall continue for a period of except as to those provisions in this Agreement which by their terms survive the termination of this Agreement

3. DEVELOPMENT OF THE CITY PROJECT. City will perform the following, at its sole cost and expense:
a. Obtain all land use entitlements to:
(1) Annex the Property into the city limits of the City and zone the Property Highway Commercial.
(2) Record a parcel map or parcel map waiver and Certificate of Compliance (collectively "Parcel Map") to create the Three Acre Parcel as a separate legal parcel under the California Subdivision Map Act. Unless Owner provides City with the division of the Remaining Acres into four (4) or less separate legal parcels to be shown on the Parcel Map, the Remaining Acres will be shown as the "designated remainder" on the Parcel Map and Owner will divide the designated remainder into separate parcels at a later date, in Owner's sole discretion (3) Construct and install offsite street improvements, utility lines, water line, sewer line and storm drain line (collectively "City Offsite lmprovements") extending to the northern boundary line of the Three Acre Parcel in locations on and in the Property that will allow for extension of such offsite improvements by Owner to the Remaining Acres. City shall complete the construction and installation of the City Offsite lmprovements within one (1) year afterthe date of recordation of the Parcel Map.
(4) Owner acknowledges and agrees the City's Land Use Regulations, master plans and improvement standards and conditions may require the dedication of certain improvements, including without limitation, street right-of-way, utility easements, and storm drainage basins (collectively "Dedications") at specific locations in and upon the Property, including the Remaining Acres to be dedicated on the Parcel Map or by way of separate dedications, in order to allow for further development of the Property. City will advise Owner of the location of the Dedications prior completion of the processing of the Parcel Map or parcel map waiver.
(5) Owner shall have no financial responsibility for the annexation of the Property into the City in addition to any costs associated with the prezoning of the Property to Highway Commercial (described below).
3 4. DEVELOPMENTOF REMAINING ACRES

4.1 Development. The development of the Remaining Acres shall conform to the Development Approvals, Land Use Regulations, all local building codes, public works improvement standards, other applicable ordinances and all the provisions of this Agreement.

4.2 Riqht to Develop. The Development Approvals and Land Use Regulations shall control the development of the Remaining Acres, including, but not limited to, the uses of the Remaining Acres, the density or intensity of use, the maximum height and size of proposed structures, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the development of the Remaining Acres.

4.3 Capital Facilities Fees/Development Impact Fees. Owner shall pay to the City the applicable City Capital Facilities FeesiDevelopment lmpact Fees (collectively "Capital Fees") for the development of the Remaining Acres in accordance with the provisions of Section 15.48 of Title 15 of the City Municipal Code and related City Ordinances and City Council Resolutions.

4.4 Public lmprovements. Any Public lmprovements which will be dedicated to the City or any other public agency, shall be constructed and installed by Owner in accordance with all applicable City specifications, development standards and requirements and as othenryise required by applicable Land Use Regulations for Remaining Acres.

5. RESTRICTIVE COVENANT REGARDING USE OF THE PROPERTY. Even though the Property will be zoned Highway Commercial, Owner and City believe it is in their collective best interests for the future development and use of the Property, to restrict the use of the Property.

City and Developer agree the uses identified on Exhibit "8" which is attached hereto and made a part hereof (collectively "Excluded Uses") will be excluded from and not allowed to operate on the Property. Except that, the following limited uses (collectively "Limited Uses") will not be considered Excluded Uses on the Remaining Acres: (i) one (1) combined automobile and truck dealership (e.9. Ford); (ii) one (1) farm equipment dealership (e.9. John Deere); (iii) one (1) automobile supply store (e.9. AutoZone); (iv) one (1) farm supply zone (e.9. Tractor Supply); and (v) one (1) service station (gasoline, butane and dieselfuels only) (e.9. Chevron).

The City will proceed with the amendment of Chapter 17.40.040 (CH Highway Commercial District) of the Kingsburg Municipal Code to allow for the use of the Mixed Use Combined District Overlay (MXU Mixed Use Combined District) identified in Chapter 17.48.020 of the Kingsburg Municipal Code for development in the CH Highway Commercial Zone District. Any Mixed-Use development in the CH Highway Commercial Zone District will be a Planned Unit Development (PUD) in accordance with the provisions of Chapter 17.76 of the Kingsburg Municipal Code. Should the Owner and City agree to add or exclude one or more other uses (collectively "Other Uses") in the CH Highway Commercial Zone District, Owner will file an application with the City seeking to amend Section 17.40.040 D. of Chapter 17.40 of Title 17 of the Kingsburg Municipal Code to identity any Other Uses to be added as Conditional Uses in the CH Highway Commercial Zone District under Chapter 17.40.040 D. of the Kingsburg Municipal Code or excluded as a use in the CH Highway Commercial Zone District.

Concurrently with the execution of this Agreement, Owner and City will execute a Declaration Restrictive Covenant in the form of Exhibit "C" which is attached hereto and made a part hereof ("Declaration") Owner's performance of Owner's obligations under Section 3 of the Declaration shall be a condition precedent to City's performance of City's obligations under 4 7
Section 3 of this Agreement. After execution of the Declaration the City will record the Declaration against title to the Property.

6. FEES.TAXESANDASSESSMENTS.

6.1 Pavment of Fees. T and Assessments. Owner shall pay all fees, taxes and assessments as are described in or required by this Agreement, the Development Approvals or Land Use Regulations to the extent such fees, taxes and assessments apply to the Remaining Acres.
a. Owner shall pay any fees, taxes or assessments imposed on a City-wide basis, if applicable to Owner, which are not specifically related to the development of the Remaining Acres including, without limitation, business license fees, utility taxes, landscape and lighting assessments, community service assessments and bond assessments, whether or not they existed on the Effective Date; and
b. Owner shall pay all fees applicable to any Application charged by City at the time such Application is filed by Owner.

PROCESSING OF REOUESTS AND APPLICATIONS: OT ER GOVERNMENT PERMITS.

7.1 Processino. Owner, in a timely manner, will provide City with all documents, applications, plans and other information necessary for City to process Owner's Applications and carry out its obligations under this Agreement and will cause Owner's planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefore.

7.2 Other Governmental Per . Owner shall apply in a timely manner for such other permits and approvals as may be required from other governmental or quasigovernmental agencies having jurisdiction over the Remaining Acres and as may be required for the development of, or provision of services to, the Remaining Acres. City shall cooperate with Owner in its efforts to obtain such permits and approvals.

7.3 Public Aoencv Coordination. City and Owner shall cooperate and use reasonable efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Three Acre Parcel or the Remaining Acres.

8. AMENDMENT OF DEVELOPMENT AGEEEIVIENI.

8.1 lnitiation of Amendment. Either Party may propose an amendment to this Agreement.

8.2 Procedure. The procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.

8.3 Consent. Except as othenvise expressly provided in this Agreement, no amendment to any provision of this Agreement shall be effective unless set forth in writing and signed by the duly authorized representatives of each of the Parties to this Agreement and approved by the City Council for the City.
5 8.4 Effect of Amendment to Aqreement. The Parties agree that except as expressly set forth in any such amendment, an amendment to this Agreement will not alter, affect, impair, modify, waive, or otheruvise impact any other rights, duties, or obligations of either Party or any other provision under this Agreement.

9. DEFAULT. REMEDIES AND TERMINATION.

9.1 Riqhts of Non-Defaultinq Partv After Default. The Parties acknowledge that both Parties shall have all legal and equitable remedies as provided by law following the occurrence of a default. Before this Agreement may be terminated or action may be taken to obtain judicial relief, the Party seeking relief ("Non-Defaulting Party") shall comply with the provisions of Section 9.2.

9.2 Notice and Opportunitv to Cure. A Non-Defaulting Party may declare a default under this Agreement only in accordance with the procedures hereinafter set forth for any failure or breach by the other party ("Defaulting Party") to perform any responsibility or obligation to be performed by the Defaulting Party under the terms of this Agreement. The Non-Defaulting Party must provide written notice ("Default Notice") to the Defaulting Party setting forth the nature of the breach or failure and the actions required by Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in "default" under this Agreement, if the Defaulting Party has failed to take such actions and cure such default within thirty (30) days after the date of the Default Notice (or such lesser time as may be specifically provided in this Agreement). However, if such default cannot be cured within such thirty (30) day period, and, as long as the Defaulting Party does each of the following the Defaulting Party shall not be deemed in default of this Agreement:
a. Notifies the Non-Defaulting Party in writing of the reasons the default is not curable within the thirty (30) day period;
b. Notifies the Non-Defaulting Party in writing of the Defaulting Party's proposed course of action to cure the default;
c. Promptly commences to cure the default within the initial thirty (30) day period; d. Makes weekly written reports (reports by e-mail are acceptable) to the NonDefaulting Party as to the progress of the program of cure; and e. Diligently prosecutes such cure to completion.

Notwithstanding the foregoing, the Defaulting Party shall be deemed in default under this Agreement if said breach or failure involves the payment of money and the Defaulting Party has failed to completely cure said monetary default within fifteen (15) days (or such lesser time as may be specifically provided in this Agreement) after the date of the Default Notice.

9.3 Citv's Remedies for Owner Default. lf Owner fails to cure a default within the cure periods identified in this Section 9 (or such lesser time as may be specifically provided in this Agreement), City shall have the right to terminate this Agreement and pursue any remedy available at law or on equity.

9.4 Owner's Remedies for Citv's Default. lf City fails to cure a default within the cure periods identified in this Section 9 (or such lesser time as may be specifically provided in this 6 Agreement), Owner shall have the right to terminate this Agreement and pursue any remedy available at law or on equity.

9.5 Mediation. All questions and disputes with respect to rights and obligations of the Parties arising under the terms of this Agreement shall be submitted to non-binding mediation.

Either Party may demand mediation by filing a written demand with the other Party within thirty (30) days after occurrence of the dispute. The Parties may agree on one mediator. lf they cannot agree on one mediator, there shall be three mediators: one named in writing by each of the Parties within ten (10) days after demand for mediation is received by the other Party, and a third chosen by the two appointed mediators. Should either Party refuse or neglect to join in the appointment of the mediator(s) the mediator selected by the other Party shall act as the sole mediator.

Mediation shall take place before the mediator(s) in the City of Fresno, County of Fresno, State of California, at the time and place agreed to by the Parties and the mediator. At the mediation, any relevant evidence may be presented by either Party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the decision in writing and cause a copy of the writing to be delivered to each of the Parties.
lf there is only one mediator, his or her decision shall be conclusive on the Parties, and if there are three mediators, the decision of any two shall be conclusive. The submission of a dispute to the mediator(s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. The costs of the mediation shall be borne equally by the Parties.

9.6 Waiver of Breach. By commencing development of any portion of the Remaining Acres, Owner shall be deemed to have waived any claim that any condition to the Development Approvals theretofore issued are unlaMul or improper.

10. INTENTIONALLYOMITTED
11 INDEMNITY.

11.1 Third-Partv Litisation.
a. Non-liabilitv of Citv. City shall have no liability under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Remaining Acres as contemplated by any Development Approvals or this Agreement as the result of a statutory enactment or finaljudicial determination that on the Effective Date, or at any time thereafter, the Development Approvals, this Agreement, or portions thereof, or any other law, ordinance, rule or regulation, were invalid or inadequate or not in compliance with law. b. Legal Challenges. ln the event that a legal challenge to the validity of this Agreement, the development of the Remaining Acres or the Development Approvals is filed prior to the expiration of the applicable statute of limitations, and such challenge results in a final judicial determination that any portion of this Agreement, the development of the Remaining Acres or the Development Approvals are not valid or were not properly adopted or approved, Owner and City agree their respective obligations and responsibilities under this Agreement shall be stayed until final judicial determination of the legal challenge. lf, after the final judicial 7 determination of the legal challenge, the provisions of this Agreement are not held as invalid and allows for each Party's performance under this Agreement or as this Agreement may be amended by the Parties, the Parties will proceed with performance of their respective obligations and responsibilities under this Agreement.
c. Participation in Litiqation. lndemnitv. The City shall not have any obligation to defend any legal challenge to the validity of this Agreement, the development of the Remaining Acres or the Development Approvals. lf Owner elects to defend any such legal challenge, Owner agrees to, and shall defend, indemnify and hold harmless the City and its elected and appointed officials, boards, commissions, officers, agents and employees from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including, without limitation, attorneys' fees and costs) arising from any challenge in any way related to the development of the Remaining Acres, including, without limitation, a challenge to the validity of this Agreement or the Development Approvals.

11.2 Hold Harmless: Owner's Construction and Other Activities. Owner agrees to, and shall defend, indemnify and hold harmless the City and its elected and appointed officials, boards, commissions, officers, agents, and employees harmless from any and all actions, suits, claims, liability, losses, damages, penalties, obligations, and expense (including, without limitation, attorneys' fees) in any way related with development of the Remaining Acres and construction and installation of Remaining Acres of any improvements, including, without limitation, Public lmprovements and Structures, personal injury or death, or property damage which may arise, directly or indirectly, from the actions or omissions of Owner or Owner's agents, contractors, subcontractors or employees and compliance with prevailing wage laws, regulations and rules.

11.3 Survival of lndemnitv Oblisations. All indemnity obligations hereunder shall survive termination of this Agreement for any reason.
12 CITY OFFICERS AND EMPLOYEES: O LIABILITY: NON-DISCRIMINATION

12.1 Non-liabilitv of Citv cers and Emolovees. No elected or appointed officials, boards, commissions, officers, agents or employees of City shall be personally liable to the Owner, or any successor in interest, in the event of any default or breach by the City.

12.2 Conflict of lnterest. No official, officer or employee of City, officer or employee participate in any decision relating to this Agreement which affects the financial interest of any corporation, partnership or association in which he/she is, directly or indirectly, interested, in violation of any state statute or regulation.

12.3 Covenant Aoainst Discrimination. Each Party covenants that, by and for itself, its successors and assignees, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Each Party shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed religion, sex, marital status, national origin or ancestry.
8 13. MORTGAGEEPROTECTION

13.1 Owner's Mortgaqe Lien. As a condition precedent to receiving any rights under this Agreement, the Mortgagee or successor ("New Owner") who acquires an interest in the Remaining Acres by foreclosure or trustee's sale, must execute an Assumption Agreement (in the form attached hereto as Exhibit "C") whereby the New Owner agrees that all of the terms, conditions, covenants and restrictions of this Agreement shall be binding and effective against the New Owner. The New Owner shall execute the Assumption Agreement within ten (10) days after acquiring title to the Remaining Acres or any portion thereof. The New Owner's failure to execute the Assumption Agreement within said ten (10) day time period shall constitute a Owner's default under this Agreement.

14. COMPLIANCE WITH ENVI ENTAL REGULATIONS. Owner represents, warrants, and covenants to City that Owner shall not at any time use or permit the Remaining Acres to be used in violation of any and all laws, rules and regulations which relate to or govern hazardous materials and/or the environmental conditions in, on, under or about the Property, including, without limitation, air quality, soil and surface and subsurface water conditions (individually and collectively, "Environmental Regulations"). Owner assumes sole and full responsibility for, and shall remedy at its sole cost and expense, all such violations. Owner shall not at any time use, generate, release, store, treat, dispose of, or othenryise deposit, in, on, under or about the Remaining Acres, any hazardous or toxic substances, wastes or related materials ("Hazardous Materials") or permit or allow any third party, including, without limitation, Owner's employees, agents, contractors, subcontractors and materialman to do so without compliance, at Owner's sole cost and expense, with all Environmental Regulations. For the purposes of this Section 13, Hazardous Materials shall include, without limitation, asbestos, asbestos-containing matter, and the group or organic compounds known as polychlorinated byphenyls, as well as substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq; ("GERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 18Q2', the Resource Conservation Recovery Act of 1976, 42 U.S.C. Section 6901 et seq; ("RGRA"); those substances identified in regulations, orders, and publications adopted pursuant to California Health and Safety Code 25249.8, as "Chemicals Known to Cause Cancer or Reproductive Toxicity"; and those substances defined as "hazardous wastes" in Section 25117 of the California Health and Safety Code and in the regulations adopted and publications promulgated pursuant thereto and any Regulation which now exists or which may be enacted or become effective after the Effective Date; all as the foregoing may be amended or re-codified from time to time. lt shall be a material default by Owner under this Agreement, entitling City to exercise any of its rights and remedies under Section 9 of this Agreement, if any provision of this Section 14 is not strictly complied with at all times.

Owner shall indemnify, defend and hold harmless City and its elected and appointed officials, boards, commissions, officers, agents and employees from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, forfeitures, or expenses (including attorneys' fees) arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Remaining Acres or discharge in or from the Remaining Acres of any Hazardous Materials or the use, analysis, storage, transportation, disposal release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Remaining Acres by Owner or any employee, agent, contractor, subcontractor or materialman, or (B) the failure to comply with any Environmental Regulations by Owner, or any employee, agent, contractor, subcontractor or materialman. Owner's obligations hereunder shall 9 include, without limitation, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Remaining Acres and the preparation and implementation of any closure, remedial action or the required plans in connection therewith, and shall survive the expiration or eadier termination of the term of the Agreement or any extension thereof.

15. GENERAL.

15.1 Force Maieure. The time within which Owner or City shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, Acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, archaeological finds, initiative or referendum, moratoria, or unusually severe weather, or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall commence to run from the time of the commencement of the cause. Any act or failure to act on the part of a Party shall not excuse performance by that Party.

15.2 Construction of Agreement. The language of this Agreement shall be construed as a whole and given its fair meaning. The captions of the sections and subsections are for convenience only and shall not influence construction. This Agreement shall be governed by the laws of the State of California. This Agreement is not intended to constitute, or be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the City, and in particular, City's powers. This Agreement shall not, be deemed to constitute the surrender or abrogation of City's governmental powers over the Property.

15.3 Attornev's Fees. lf an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which it 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.

15.4 Time of Essence. Time is of the essence in the performance of all the provisions of this Agreement.

15.5 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement.

15.6 No Third-Partv Beneficiaries. The only parties to this Agreement are Owner and City. There are no third-party beneficiaries and except as othenruise identified in this Agreement, including, without limitations, the provisions of Section 10 of this Agreement as they relate to the City, this Agreement is not intended, and shall not be construed to benefit or be enforceable by any other person or entity.

15.7 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 10 15.8 Authority to Execute. Owner and the persons executing this Agreement on behalf of Owner warrant that (i) Owner is a California limited partnership duly organized, existing and in good standing in the State of California, (ii) such persons are duly authorized to execute and deliver this Agreement on behalf of Owner, (iii) by so executing this Agreement, Owner is bound by all the provisions of this Agreement, (iv) the entering into of this Agreement does not violate any provision of any other Agreement to which Owner is bound and (v) there is no litigation or legal proceeding which would prevent Owner from entering into this Agreement and performing its obligations and responsibilities under this Agreement.

15.9 Notice. Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or email if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:

Owner:

George Matoian
Darlene Matoian
875 E. Ridgecrest Dr.

Fresno, California 93730
Telephone: (559) 308-9553
Email: [email protected]
City:

City of Kingsburg
Attention: Alex Henderson, City Manager
1401 Draper Street
Kingsburg, California 93631
Telephone: (559) 897-5821
Email: [email protected]
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.

15.1 O Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

15.11 Recitals. The recitals in this Agreement constitute part of this Agreement and each Party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement.

15.12 Relationship of Parties. It is specifically understood and agreed by and between the Parties that neither Party is acting as the agent of the other in any respect hereunder. The only relationship between City and Owner is that of a government entity regulating the development of private property and the Owner of such private property.

15.13 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions, and agreements between the Parties. Any amendment or modification to this Agreement must be in writing and executed by the Parties. 11 By:

ABI

15.14 Exhibits. The following-listed exhibits are attached hereto and incorporated therein
Exhibit "A" Property
Exhibit "B" Excluded Uses
Exhibit "C" Declaration of Restrictive Covenants
lN WITNESS WHEREOF, City and Owner have executed this Agreement on the Effective Date.

Gity Owner:

CITY OF K NGSBURG, a Charter City
GEORGE MA AN, an dual
ATTEST:

Clerk ENE MATOIAN, an individual

APPROVED AS TO FO
By:

MICHAEL J. NOLAND, City Attorney
F:\WORD\1 1\11 140.255\iAgreement to Develop Vacant Land Execution Version 2022-08-09.doc l2
EXHIBIT "A''

PROPERTY
The real property located in the County of Fresno, State of California, and more particularly described as:

The land referred to is situated in the unincorporated area of the County of Fresno, State of California, and is described as follows:

Beginning at a point on the half Section Line 9.754 chains West of the center line of Section 22, Township 16 south, Range 22 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the official Plat of the Survey of said land on file in Bureau of Land Management; thence at right angles South 20 chains; thence at right angles West 9.754 chains; thence at right angles North 20 chains; thence at right angles East 9.754 chains to the true point of beginning.

Excepting therefrom that portion thereof conveyed to the State of California in deed recorded February 4, 1963 in Book 4817 , page 197 of Official Records, as Document No. 9941 , Alto excepting therefrom an undivided % interest in all oil, gas and other hydrocarbon substances lying in or under said land, as reserved in lnstrument recorded January 27, 1943 in Book 2043, Page 417 of Official Records.

APN: 394-042-04
13 EXHIBIT "B"

EXCLUDED USES
Ambulance service;
Automobile sales, service and repair, including body and fender work; Automobile washing;
Bus depots and transit stations;
Motorcycle sales, service and repair;
Private clubs and lodges;
Recreation vehicle sales and service;
Repair garages;
Service stations (gasoline, butane and dieselfuels only); Soda fountains;
Used car sales;
Utility trailer sales, service and rental;
Laundromats;
Liquor stores;
Gas and electric transmission lines except as needed for development of Three Acre Parcel or the Remaining Acres, but excluding any above ground lines; Christmas tree sales lots;
Overnight parking for recreational vehicles; mini storage facilities.

Expansion of remodeling of an existing non-conforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a non-conforming use which has been damaged, except non-confirming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred (200) dollars, and non-conforming fences, walls and hedges.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

Uses involving the manufacture, sale, repair and maintenance of light duty utility vehicles and agricultural equipment.
(c) There arc no actions, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of the City's knowledge, threatened against the City, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality seeking to challenge the City's ability or right to accept the Donors' donation of the Donation Property and take title to the Donation Property.

11. Survival of Warranties. The satisfaction, truth, accuracy and completeness of each of the representations, warranties and covenants of the City and Donors contained in this Agreement, as of the date of this Agreement and as of the date of recording of the Gift Deed, shall constitute conditions precedent to the obligations of Donors and the City, respectively, hereunder. All representations, warranties, covenants, obligations, responsibilities and agreements set forth in this Agreement shall survive the recordation of the Gift Deed.

12. Brokeraqe Gommissions. The City and Donors each represent and warrant to the other that it has not engaged the services of any real estate broker, salesperson, agent or finder, nor done any other act nor made any statement, promise or undertaking which would result in the imposition of liability for the payment of any real estate brokerage commission, finder's fee or othennrise in connection with the transaction described in this Agreement.

13. Citv Remedies. Should Donors for any reason other than City's breach of any provision of this Agreement fail or refuse to transfer title of the Donation Property to City in accordance with the provisions of this Agreement, City shall have the right to pursue any remedy available at law or on equity, including the specific performance of this Agreement by Donors.

14. Notice. Except as otheruvise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or five (5) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows.

To City City of Kingsburg
c/o Alexander Henderson, City Manager
1401 Draper Street
Kingsburg, CA 93631
ahenderson@cityofkingsbu rg-ca. gov
To Donors: George Matoian
Darlene Matoian
875 E Ridgecrest Dr.

Fresno, CA 93730
Telephone: (559) 897-6652
george@fresh Farms. com. mx

15. Sole and Onlv Aqreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally 4 RECORDING REQUESTED BY
City of Kingsburg
WHEN RECORDED MAIL TO:

Gity of Kingsburg
Attn: Gity Clerk
1401 Draper Street
Kingsburg, CA 93631
EYhib* "C
"
2022-0106696
FRESN0 County Recorder Paul Dictos,-CPA
llednesday , AuE 24, ZO22 0t:09:b4 pll

CONFORMED COPY
Copy of docunent recorded. Has not been compared uith original. -SPACE ABOVE THIS LINE FOR
( fxe vnel {raYt't geqo'^d\Y F€eS- hout Col S<c. TllXZ\

ER'S USE

DECLARATION OF RESTRICTIVE COVENANTS
By and Among

CITY OF KINGSBURG
And

GEORGE MATOIAN AND DARLENE MATOIAN
Dated: August l'l ,zozz

DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made and entered into August n , ZO22 ("Ettective Date") by and between the CITY OF KINGSBURG a municipal cor-poratiil-1"City"), and GEORGE MATOIAN, an individual and DARLENE MATOIAN, an individual, Husband and Wife as joint tenants (collectively "Owner").

RECITALS
A. City and the Owner have entered into an Agreement To Development Vacant Land ("Development AgrLement") regarding that certain real property owned by Owner and identified in tf'e Oevelopment Agreement as the "Property" and identified in Exhibit "A" which is attached hereto and made a part hereof ("Property").

B. Pursuant to the provisions of the Development Agreement, the Property will be zoned and located in the City's CH Highway Commercial zone district ("CH District"). Pursuant to the provisions of the Development Agreement, City and Owner have agreed certain land uses which are allowed in the CH District will be excluded from the Property (collectively "Excluded Uses") as identified in Exhibit "8" which is attached hereto and made a part hereof. However, the City and Owner have agreed a limited number of Excluded Uses can be developed upon the Property ("Limited Uses;) as identified in Exhibit "C" which is attached hereto and made a part hereof.

C. ln order to assure the City, the Owner and any subsequent owners of the Property are prohibited from developing the Property for any of the Excluded Uses, except for the Limited Uses, City and Owner have agreed to enter into this Declaration and have this Declaration recorded against title to the ProPertY.

NOW, THEREFORE, in consideration of the City and Owner entering into the Development Agreement and in consideration of the mutual covenants set forth herein, and other good and vJluable consideration, the receipt and sufficiency of which hereby are acknowledged, the City and the Owner hereby agree as follows.

Section 1. Definitions. Unless otherwise specifically defined in this Declaraiion, all capitalized terms used in this Declaration shall have the same meanings as ascribed to them in the Development Agreement.

Section 2. Restriction To Development of The Propertv. City and Owner acknowledge and agree the City and the Owner and all subsequent owners of the Property are prohibited irom and lhall not, at any time, develop or attempt to develop or use any portion of the Property for an Excluded Use. However, City, Owner and all subsequent owners of the Property may develop and use the Property for a Limited Use. City and Owner acknowledge and agree only one of each type of each Limited Use may be developed and used on the entire Property, regardless of the configuration of the Property or the number of parcels that comprise the Property.

Section 3 Title Prioritv Declaration. This Declaration shall be recorded against tifle to the property. Except for real property taxes not yet due and easements of record recorded prior to the date of recordation of this Declaration, this Declaration shall be senior in title to the Property' prior to recordation of this Declaration, City shall obtain a preliminary title report and copies of all documents identified in the preliminary title report (collectively "Prelim") confirming that, upon recordation of the Declaration, the requirements of this Section 3 will be satisfied. lf the Prelim identifies liens or encumbrances, other than identified in this Section 3, recorded against title to the Property (collectively "Prohibited Encumbrances"), Owner shall have thirty (30) days after the date of dwner's receipt oi ttre Prelim to remove, to the satisfaction of the City and the title company issuing the Prelim, all Prohibited Encumbrances from title to the Property. Owner acknowledges the City will not agree to subordinate this Declaration to any other lien or encumbrance.

Section 4. Representations and Warranties of the Owner. (a) The Owner acknowledges, represents and warrants that they understand the land use restrictions applicable to the Property as identified in this Declaration; they understand the 1nancial and legal risks inherent in the restrictions to the use of the Property identified in the Development Agreement and the land use restrictions identified in this Declaration; and that they have not relied on the City or any of its officials, officers, employees, representatives and agents for any guidance or expertise in analyzing the financial or other consequences related to the restrictions on the development and use of the Property as identified in the Development Agreement or this Declaration.

Section 5. Term. This Declaration and all of the terms, covenants and land use restrictions identified in this Declaration shall become effective upon execution of this Declaration and shall remain in fullforce and effect in perpetuity.

Section 6. Covenants to Run With the Land. Notwithstanding the provisions of Section 1461 of the California Civil Code, the Owner hereby subjects the Property to the covenants and restrictions set forth in this Declaration. The City and the Owner hereby declare their express intent that the covenants and restrictions set forth in this Declaration shall be deemed covenants running with the land and shall pass to and be binding upon the City's and Owner's successors in title to the Property or any portion thereof and shall burden the Property. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to the covenants and restrictions set forth in this Declaration regardless of whether such covenants and restrictions are set forth in such contract, deed or other instruments.

Section 7. Default; Enforcement. lf City, Owner or any Successor in title the Property or any portion thereof (collectively "successors") defaults in the performance of any covenant, agreement or obligation set forth in this Declaration, and if such default remains uncured for a period of thirty (30) days after the date of written notice of default by the non-defaulting party, then the non-defaulting party shall have the right to declare an "Event of Default" to have occurred under this Declaration; provided, however, that if the default is of such a nature that it cannot be corrected within thirty (30) days, such default shall not constitute an Event of Default hereunder so long as the defaulting party institutes corrective action within said thirty (30) days and diligently pursues such action until the default is corrected. Following the declaration of an Event of Default, the nondefaulting party may exercise any one or more of the following remedies, in addition to all other remedies provided by law or equitY:
(a) by suit, action or proceeding at law or in equity, including injunctive relief, requiring the defaulting party to perform its obligations, agreements and covenants under this Declaration or enjoin any acts or things that may be unlawful, in breach or default under this Declaration or in violation of the rights of the non-defaulting parties under this Declaration; (b) take such other action at law or in equity as may be necessary or desirable to enforce the obligations, covenants and agreements of the non-defaulting party under this Declaration.

City and Owner agree specific enforcement of their respective agreements and obligations contained in this Agreement is the only means by which the each party may fully obtain the benefits of such agreements and obligations made by the other party, and the parties agree damages alone are an inadequate remedy and the imposition of the remedy of specific performance against a defaulting party in the case of any Event of Default by the defaulting party is a proper 2 remedy.

Section 8. Recordinq and Filins.
(a) The City shall cause this Declaration and all amendments and supplements hereto, to be recorded in the real property records of the County of Fresno. The City shall pay all fees and charges incurred in connection with any such recording. (b) The Owner and the City will file of record such other documents and take such other steps as are reasonably necessary as determined by City, in order to ensure that the requirements and restrictions of this Declaration will be binding upon all owners of the Property. (c) City and Owner hereby covenant to include or reference the requirements, restrictions and covenants contained in this Declaration in any documents transferring any interest in the Property to another person so that such transferee has notice of, and is bound by, such requirements, restrictions and covenants, and obtain the agreement from any transferee to abide by all requirements and restrictions of this Declaration.

Section 9. Governi no Law This Agreement shall be governed by the laws of the State of California.

Section 10. Waiver. No waiver or any breach of any term, condition or provision of this Declaration shall constitute a waiver of any other breach of any other term, condition or provision and no consent of one party to any departures by the other shall be effective unless such waiver shall be in writing and shall be signed by the non-waiving party or a duly authorized agent thereof and the same shalf be effective only for a period, on the conditions and for the specific instances and purposes specified in such writing. No notice to or demand on the non-waiver party in any case shall entitle the non-waiving parly to any other or further notice or demand in similar or other circumstances.

Section 11. Notice. Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered perlonally, when transmitted by facsimile or email if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, of three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:

Owner: City:

George Matoian
Darlene Matoian
875 E Ridgecrest Dr,
Fresno, CA 93730
Telephone: (559) 308-9553
Email: [email protected]
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.

Section 12. lnvaliditv. lf any provision of this Declaration held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

City of Kingsburg
Attention: Alex Henderson, City Manager
1401 Draper Street
Kingsburg, California 93631
Telephone: (559) 897 -5821
Email: alexhenderson@cityofkingsburg-ca. gov
I
J
Section 13. Multiple Counterparts. This Declaration may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original.

Section 14. Sole and Onlv Aqreement. The Development Agreement and this Declaration supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Declaration acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in the Development Agreement and this Declaration and no other agreement, statement or promise shall be valid or binding, Section 15. Attornevs' Fees. lf an action at law or in equity is necessary to enforce or interpret the terms of this Declaration, 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 Declaration, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California for any proceeding arising hereunder.

Section 16. Amendment. No change, amendment or modification of this Declaration shall be valid unless the same be in writing and signed by the parties hereto Section 17. Construction and I n. The parties to this Declaration acknowledge that each party has participated in the drafting and revision of this Declaration.

Accordingly, the parties agree that any rule of construction to the effect ihat ambiguities are to be resolved
-against the drafting party shall not apply in the interpretation of this Declaration or any supplement or exhibit hereto.

Section 18. Successors. The burdens and benefits of this Declaration are appurtenant to the Property described in this Declaration, and consequently follow ownership. The benefits and burdens of this Declaration are binding upon and inure to the benefit of the successive owners of the Property.

Section 19
incorporated herein.

Exhibits. The following-listed exhibits are attached hereto and Exh ..A"
Exhibit *Bt'
Exhibit "C"
Property
Excluded Uses
Limited Uses

ISTGNATURES ON FOLLOWING PAGEI
4 lN WITNESS WI-.IEREOF, the City and the Owner have executed this Declaration by duly authorized representatives, all as of the Effective Date.

Gity:

CITY
By:

FKI
By
ayor
ATTEST:

AB AL ity Clerk

APPROVED AS T FORM
MICHAEL J. N D, City Attorney
[Notary Pages to Follow]
Owner:

GEORGE TOIAN, an individual
NE MATOIAN, an individual
, a Charter City
5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed ihe document to which this certifiCate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF FRESNO
on August 17 , 2022,
SS
before me, I rL s r Notary Public, personallY
appeared LAURA NORTH, who Proved to e on the of satisfactory evidence to be the person(t) whose name(\) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tllE{r authorized capacity(ies), and that by f*s/her/their signature(S\on the instrument the person($, or the entity upon behalf of which the person(s,) acted, executed the instrument.

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

WITNESS my hand and official seal
Signature (Seal)

STATE OF CALIFORNIA
COUNTY OF FRESNO +btasAt
on August W, 2022, before me, Notary Public, personallY appeared GEORGE MATOIAN, who proved to on the basis of satisfactory evidence to be the personQ) whose name(q) is/bre subscribed to the within instrument and acknowledged to me that he/SRe/tlrey executed the same in his/h\r/tlieir authorized capacity(hs), and that by hisihbr/tlpir signature(a) on the instrument the personp), or the entity upon behalf of which the person\s) acted, executed the instrument.

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

WITNESS my hand and official seal
(Seal)
SS
6 A notary public or other otficer completing this certificate verifies only the identity of the individual who signed ih" do"ument to which this certifiCate is attached, and not the truthfulness, accuracy, or validity of that document.
@"";ff'ffi,{i'i"Hffr'^

FRESNO COUNTY
My Comm. Exp. February g, A023 Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed ihe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF FRESNO
SS
)
)
)
on August ?-t{ , 2022, before me, l q Notary Public, personally I
I
(. I
appeared DARLENE MATOIAN, who proved me on the of satisfactory evidence to be the person(s) whose nam
ltre/she/tlr\y executed
e(\) is/are subscribed to the within instrument and acknowledged to me that the same in hi{her/tlie ir authorized capacity(iec[ and that by hls/her/their signature$) on the instrument the person(Q, o, the entity upon behalf of which the person\s) acted, executed the instrument.

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

WITNESS my hand and official seal
Signature (Seal)
7 EXHIBIT "A''

LEGAL DESGRIPTION OF PROPERTY
The real property located in the County of Fresno, State of California, and more particularly described as:

The land referred to is situated in the unincorporated area of the County of Fresno, State of California, and is described as follows:

Beginning at a point on the half Section Line 9.754 chains West of the center line of Section 22, Township- 16 south, Range 22East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the official Plat of the Survey of said land on file in Bureau of Land Management; thence at right angles South 20 chains; thence at right angles West 9.754 chains; thence at right angles North 20 chains; thence at right angles East 9.754 chains to the true point of beginning.

Excepting therefrom that portion thereof conveyed to the State of California in deed recorded February 4, 1963 in Book 4817, page 197 of Official Records, as Document No. 9941; Alto excepting therefrom an undivided % interest in all oil, gas and other hydrocarbon substances lying in or under said land, as reseryed in lnstrument recorded January 27, 1943 in Book 2043, Page 417 of Official Records.

APN: 394-042-04
8 EXHIBIT "B"

EXCLUDED USES
Ambulance service;
Automobile sales, service and repair, including body and fender work; Automobile washing;
Bus depots and transit stations;
Motorcycle sales, service and repair;
Private clubs and lodges;
Recreation vehicle sales and service;
Repair garages;
Service stations (gasoline, butane, and dieselfuels only); Soda fountains;
Used car sales;
Utility trailer sales, service and rental;
Laundromats;
Liquor stores;
Gas and electric transmission lines except as needed for development of Three Arce Parcel or the Remaining Acres, but excluding any above ground lines; Christmas tree sales lots;
Overnight parking for recreational vehicles; mini storage facilities.

Expansion of remodeling of an existing non-conforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred (200) dollars, and non-conforming fences, walls and hedges.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

Uses involving the manufactui'e, sale, repair and maintenance cf light duty utility vehicles and agricultural equipment.
9 1
EXHIBIT "C"

LIMITED USES
One (1) combined automobile and truck dealership (e.9. Ford).

One (1) farm equipment dealership (e.9, John Deere).

One (1) automobile supply store (e.9. AutoZone).

One (1) farm supply zone (e.9. Tractor Supply).

One (1) service station (gasoline, butane, and dieselfuels only) (e.9. Chevron)

2. 3.

4. 5.
10 CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council

REPORT FROM: Alexander J. Henderson, ICMA-CM REVIEWED BY: CW AGENDA ITEM: Unlawful Camping and Obstruction of Public Rights Of Way ACTION REQUESTED: ___Ordinance ___Resolution _ Motion ___Receive/File

EXECUTIVE SUMMARY
Recently, the U.S. Supreme Court issued its ruling in City of Grants Pass, Oregon v. Johnson, et al., 144 S.Ct. 2202 (2024) (“Grants Pass”), which overruled Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018) (“Martin”). The case addresses the following legal question related to a local government’s homelessness response: Do local ordinances imposing criminal penalties on acts like public sleeping or camping violate the Eighth Amendment’s cruel and unusual punishment prohibition if they apply to unhoused persons who lack shelter options? The Grants Pass opinion answers “no,” reasoning that the Eighth Amendment doesn’t determine whether localities can criminally penalize acts — it only regulates what penalties a locality can impose for criminal acts. The Grants Pass decision gives local governments a greater ability to enact and enforce criminal penalties for acts like public camping or sleeping — even in localities where limited local shelter space contributes to these acts.

Given this recent ruling, staff is bringing a recommendation that will add Chapter 8.28 to the Kingsburg Municipal Code to prohibit unlawful camping on public and private property, and obstructions to public rights of way. The purpose and intent of this amendment is to protect the public health, safety, and welfare of all Kingsburg residents, including those residing within unlawful camping sites, by establishing a clear process for abating unlawful camping on public and private property.

Unlawful camping interferes within the rights of the public to use and access public areas in a safe, healthy, and peaceable manner. Unlawful camping on private property adversely affects private property owner rights as well as public health, safety, and welfare of the community, including the individuals residing within unlawful camping sites.

The proposed ordinance establishes criminal penalties specific to unlawful camping and streamlines the administrative remedies for addressing unlawful camping. As a misdemeanor, unlawful camping would be subject to a criminal penalty of $500 and/or up to six (6) months in jail. The proposed ordinance language also includes an alternative to a fine or jail sentence, the City may encourage the Court to grant diversion or probation with a condition the offender complete a rehabilitation program or treatment plan.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends City Council waive the first reading and Introduce Ordinance 2024-06 AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 8.28 TO TITLE 8 OF THE KINGSBURG

MUNICIPAL CODE PERTAINING TO UNLAWFUL CAMPING ON PUBLIC AND PRIVATE PROPERTY AND OBSTRUCTION OF PUBLIC RIGHTS OF WAY and pass the Ordinance to a second reading and adoption Meeting Date: 10/02/2024
Agenda Item: 10
at the City Council meeting on November 6, 2024, with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 8.28 TO TITLE 8 OF THE

KINGSBURG MUNICIPAL CODE PERTAINING TO UNLAWFUL CAMPING ON PUBLIC AND PRIVATE PROPERTY AND OBSTRUCTION OF PUBLIC RIGHTS OF WAY”.

POLICY ALTERNATIVE(S)

1. Council could refer all or parts of the ordinance back to staff and City Attorney for further review, with direction.

2. Council could direct staff to not process and Municipal code amendments .

3. Continue the discussion to a future meeting.

REASON FOR RECOMMENDATION/KEY METRIC

1. Preserve the Kingsburg Experience

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
The City does not currently have an anti-camping ordinance. It does have limitations on loitering in public parks during certain hours.

BACKGROUND INFORMATION
“City of Grants Pass v. Johnson dealt with three Grants Pass, Oregon, ordinances related to sleeping and camping on public property, and whether the ordinances violate the U.S. Constitution’s Eighth Amendment prohibiting cruel and unusual punishment.

Grants Pass is a southwest Oregon city with a population of 38,000 that includes an estimated 600 unhoused persons. The city’s homelessness response included enacting three ordinances prohibiting “sleeping on public sidewalks, streets or alleys, camping on public property, and camping and overnight parking in city parks.” The ordinances impose escalating penalties for violations that can eventually lead to criminal trespass prosecution and jail time for repeat violations.

Two unhoused plaintiffs sued Grants Pass in the Oregon U.S. District Court (on behalf of a class of unhoused persons in the city), arguing that the ordinances violate the Eighth Amendment’s prohibition on cruel and unusual punishment. The plaintiffs relied primarily on two court cases to support their arguments against the Grants Pass ordinances:
• Robinson v. California (Robinson): A 1962 Supreme Court decision ruling that a California criminal law punishing persons for being addicted to narcotics violated the Eighth Amendment’s ban on cruel and unusual punishment because it punished persons for their “status” as opposed to their actions. • Martin v. City of Boise (Martin): A 2019 Ninth Circuit Court of Appeals (Ninth Circuit) case that struck down a Boise misdemeanor ordinance prohibiting camping on city streets, sidewalks, parks, or public places as cruel and unusual punishment. Relying in part on Robinson, Martin ruled that Boise’s ordinance impermissibly punished unhoused persons for acts they were forced to commit because of insufficient available shelter space.

The plaintiffs argued that the Grants Pass ordinances violated Robinson and Martin because the city’s lack of FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A
available shelter space rendered its unhoused population “involuntarily” homeless, essentially forcing them to violate city ordinances since there were no available shelter options.

The Oregon U.S. District Court (District Court) agreed with the plaintiffs and ordered Grants Pass to stop enforcing its ordinances. The Supreme Court agreed to hear the case after the Ninth Circuit affirmed the District Court’s decision.

The Supreme Court’s Opinion
The Supreme Court’s opinion reverses the District Court’s decision and overturns Martin.

The opinion holds that localities do not violate the Eighth Amendment by enacting and enforcing ordinances imposing commonly used criminal penalties (like fines and jail time) for public sleeping and camping offenses.

The opinion addresses both the legal and practical aspects of these local ordinances in reaching its conclusion.

Legal considerations
On the legal side, the Supreme Court analyzed the Eighth Amendment’s prohibition on cruel and unusual punishment and what it is intended to prohibit. The Supreme Court rejected the District Court’s Eighth Amendment decisions, ruling:
• The Eighth Amendment’s prohibition on cruel and unusual punishment regulates only the type of punishment a locality can impose for an offense — not whether the locality can or should punish an offense to begin with.
• Grants Pass’s ordinances do not violate Robinson because they do not punish the “mere status” of homelessness. Instead, they forbid only actions like public sleeping and camping, and they apply regardless of “whether the charged defendant is homeless.” Robinson does not prohibit localities from criminally penalizing acts that “society has an interest in preventing,” even if a person’s status or circumstances contribute to the prohibited act “in some sense.” • The jail time and fines imposed by the Grants Pass ordinances are not cruel or unusual punishment methods. To the contrary, these forms of punishment are not designed to inflict “terror, pain or disgrace,” and they remain commonly used across the country to address many criminal acts.

Practical considerations
On the practical side, the Supreme Court criticized the Martin ruling as an “experiment” that is essentially unworkable in practice for many localities. For instance, the Supreme Court posed many questions in assessing the practicalities of Martin’s ruling on localities seeking to regulate public sleeping or camping, including this:
[H]ow are city officials and law enforcement officers to know what it means to be “involuntarily” homeless, or whether any particular person meets that standard? … Is it enough that a homeless person has turned down an offer of shelter? Or does it matter why [they turned it down]? Notably, while homeless shelter space existed in cities involved in both the Martin and Grants Pass cases, the lower courts in those cases still concluded that the space was “unavailable” to certain persons due to religious or other conditions the shelter imposed. In response, the Supreme Court questioned which shelter beds would count as available under such requirements, asking:

Is a bed "available" to a smoker if the shelter requires residents to abstain from nicotine … Is a bed "available" to an atheist if the shelter includes "religious’" messaging? Additionally, the Supreme Court focused on the requirement that a locality must provide adequate shelter, asking, “How is a city to know whether the accommodations it provides [to unhoused persons] will prove ‘adequate’ in later litigation?”
And finally, the Supreme Court asked how far Martin’s prohibition against ordinances punishing public camping offenses goes. Does it only forbid laws that punish the use of a blanket, or does it also prohibit laws against other aspects of camping and sleeping outside, such as the use of tents or portable heaters, or the acts of starting fires or public urination and defecation?
Given these and other practical questions that have left localities with few “entrenched answers,” the Supreme Court concluded that federal courts “removed from the realities on the ground” have issued Ninth Circuit decisions like Martin with uncertainties that have “plunged courts and cities across the Ninth Circuit into waves of litigation.”
The Supreme Court concluded by reversing the District Court’s order stopping Grants Pass from enforcing its public camping and sleeping ordinances and, in effect, abolishing Martin.” Boesche, Makini. “Camping Revisited: U.S. Supreme Court Changes the Landscape of Penalizing Public Sleeping” MRSC, 15 July 2024, https://mrsc.org/stay-informed/mrsc-insight/july-2024/grants-pass-vjohnson

ATTACHMENTS

1. Proposed Ordinance 2024-06 – Chapter 8.28
DRAFT: 2024-09-25
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28 ORDINANCE NUMBER 2024 - 06
AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 8.28 TO TITLE 8

OF THE KINGSBURG MUNICIPAL CODE PERTAINING TO UNLAWFUL CAMPING ON

PUBLIC AND PRIVATE PROPERTY AND OBSTRUCTION OF PUBLIC RIGHTS OF WAY The City Council for the City of Kingsburg ordains as follows:

Section 1. Chapter 8.28 is hereby added to Title 8 of the Kingsburg Municipal Code to read as follows:

Section 8.28.010 – Title, Purpose, and Intent
This chapter shall be known as the “Unlawful Camping and Obstruction of Public Rights Of Way”. Areas accessible to the public under the jurisdiction of the City should be readily available and usable for the safe, healthy, and peaceable enjoyment of the public at large. The use of public areas for camping purposes, storage of personal property and related activities interferes with the rights of others to use and access these areas in a safe, healthy, and peaceable manner within the purposes for which the public areas are intended. Camping on private property without the consent of the owner, and where camping is not authorized and without proper sanitary measures adversely affects private property rights as well as the public health, safety, and welfare of the residents of the City. The purpose and intent of this chapter is to establish standards and prohibitions for behaviors related to camping on public and private property, storage of personal property, or other offenses detrimental to the preservation of public and private property and the health, safety and welfare of the public accessing public property or traversing public rights of way; and to ensure and maintain publicly accessible areas in a safe and sanitary manner, and for peaceable use and enjoyment for the public at large; and to maintain private property in a safe and sanitary condition to protect the health, safety and welfare of the community.

Section 8.28.020 – Definitions
For the purposes of this chapter:

A. “Camp” means to place, pitch, establish or occupy camp facilities or materials including but not limited to the laying down of bedding or the use of other camping materials for the purpose of temporarily, irregularly, or permanently sleeping, staying, living, or residing. An activity shall DRAFT: 2024-09-25
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28 constitute camping or lodging when it reasonably appears, in light of all circumstances, that the individual(s), in conducting these activities, are in fact using the area or camping facilities and materials as living accommodations regardless of the intent of the individual(s) or the nature of any other activity in which they may be engaging.

B. “Camping facilities or materials” includes but is not limited to, tents, huts, tarpaulins, cardboard boxes, blankets, bedrolls, mattresses, cots, sleeping bags, hammocks, lawn and folding chairs, cooking equipment, fires of any kind, ice chests, shopping carts, wagons and similar items, vehicles operable or inoperable, and recreational vehicles, trailers, and mobile homes when occupied and located on public property or located on private property and occupied for more than five (5) days during any one (1) month period.

C. “Enforcement Officer” means any City employee including City Police Officers with authority to enforce any provision of this chapter or related state law including, without limitation, California Penal Code Section 372.

D. “Personal Property” means personal effects and any item that can reasonably be identified as belonging to an individual and that has apparent value or utility, including, but not limited to, camping facilities or materials.

E. “Public Property” means all public property including, but not limited to, public buildings, public utilities, streets, sidewalks, parking lots, trails, alleys, medians, greenways, easements, parks, waterways, canal banks, state highways, and other rights of way dedicated for public use and lawfully accepted by the City, and other public amenities.

F. “Private Property” means all private property, including, but not limited to, real property, yards, private alleyways, sidewalks, trails, private roads, agricultural land, and undeveloped vacant lots.

G. “Store(ing)” means to put aside or accumulate to use when needed, to put for safekeeping, to place or leave in a location.

Section 8.28.030 – Unpermitted Camping on Public Property Prohibited A. It is unlawful and a violation of this chapter for any person(s) to camp, occupy camping facilities, or use camping materials on public property not specifically designated for day and/or overnight DRAFT: 2024-09-25
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28 campgrounds.

B. This section shall not apply to public property specifically designated for camping or where camping is an authorized use by a responsible local, state, or federal agency. Persons desiring to camp on public property owned, controlled, or maintained by a department of the United States, the California Department of Parks and Recreation, or other local public agencies must comply with the applicable laws, regulations and permitting requirements of the responsible department of the United States, the California Department of Parks and Recreation, or other local public agencies.

C. Nothing in this chapter shall prohibit only the possession or transportation of camping facilities or materials on public property, unless otherwise in violation of this chapter.

D. If an unpermitted camp is erected on public property, notification by an Enforcement Officer shall be provided prior to enforcement action to remove the unpermitted camp.

E. Upon City Council action, the City Council may exempt a special event from the prohibitions of this chapter, if the City Council finds such exemption to be in the public interest. Any conditions imposed on the special event will include a condition requiring that the applicant provide evidence of adequate insurance coverage, as determined by the City and the special event shall satisfy all Municipal Code, and all applicable State and County health and sanitation requirements. The applicant must agree, in writing, to indemnify, defend and hold the City and its officials, officers, employees and volunteers harmless against any liability, damage or expense incurred by the City as a result of activities of the applicant.

Section 8.28.040 – Unpermitted Camping on Private Property Prohibited A. Except as provided in this section, it is unlawful and a violation of this chapter for any person(s) to camp, occupy camp facilities, or use camping materials on private property unless authorized by the necessary land use entitlements for camping and camping related recreational activities.

B. Nothing in this chapter shall prohibit camping on private property by the owner(s), the tenant(s), or lessee(s) of the residence located on the private property, or other persons with the written consent of the owner or tenant(s)/lessee(s) of the residence located on the private property; DRAFT: 2024-09-25
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28 provided that such owner or tenant(s)/lessee(s) consent is verified upon demand by Enforcement Officers; provided the camping is only for a period of five (5) days during any one (1) month period; and provided that all provisions of the Municipal Code and all State and County health and sanitation requirements are complied with.

C. This section shall not apply to private property for camping and camping related activities provided, sponsored, and/or facilitated by youth organizations, religious organizations, private associations and public or private organizations providing emergency services so long as such uses are approved pursuant to the Municipal Code and all State and County health, and sanitation requirements are complied with.

D. If an unpermitted camp is erected on private property, twenty-four (24) hour notification by Enforcement Officers shall be provided prior to enforcement action to remove the unpermitted camp on private property.

Section 8.28.050 – Obstruction of Public Access to Sidewalks, Trails, Public Facilities, and Other Public Rights of Way, and Other Public Offenses
A. No individual shall obstruct a street, sidewalk, alleyway, trail, state highway, entrance to public facilities or buildings, or other public right of way or railroad property (including as defined by the Americans with Disabilities Act of 1990, or as amended) by sitting, lying or sleeping, or using or storing personal property in, or upon any street, sidewalk, alleyway, trail, state highway, entrance to public facilities or buildings or other public right of way or railroad property .

B. Immediate Removal: Any violation of this section shall be subject to immediate removal by an Enforcement Officer.

C. It is unlawful and a violation of this chapter to bathe: (i) in public fountains, other public or private water features or conveyances, including, without limitation, fire lines, water spigots, and backflow devices; or (ii) in public restrooms which do not have separate shower facilities.

D. It is unlawful and a violation of this chapter to urinate or defecate upon public property not designated as a restroom facility.

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28 Section 8.28.060 – Abatement of Encampments and Camp Facilities and Materials A. The City may abate or remove camp facilities and materials, or an encampment established in violation of this chapter after providing twenty-four (24) hour written notice of such abatement.

Any camp facilities and materials, or encampments established in violation of this chapter may be subject to abatement without advanced written notice by the City, if the encampment poses and imminent and substantial threat to public health or safety, as determined by an Enforcement Officer, and upon consultation with the City Manager.

B. Abatement pursuant to this section shall include, but is not limited to, removal of camp facilities and materials, trash, debris, junk, hazardous waste, infectious waste, and vehicles, recreational vehicles, trailers and mobile homes. Items having no apparent utility or monetary value and items in an unsanitary condition shall be disposed of in a manner as determined by the City.

Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department until an alternate disposition is determined. All personal property removed from a campsite which is not disposed of, or held as evidence (as provided above), shall be stored at the City corporation yard for a period of thirty (30) days, during which time it shall be made reasonably available for and released to an individual confirming ownership of such items. Upon expiration of the thirty (30) day period, such items shall be disposed of in a manner as determined by the City.

Section 8.28.070 – Enforcement and Remedies for Violation A. A violation of this chapter is declared to be a public nuisance and subject to abatement in accordance with the provisions of this chapter and other applicable laws.

B. A violation of this chapter is a misdemeanor, punishable by confinement of up to six (6) months in jail and/or fines up to $500.00 per violation.

C. As an alternative to a fine or jail sentence, the City may encourage the Court to grant diversion or probation with a condition the offender complete a rehabilitation program or treatment plan.

DRAFT: 2024-09-25
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28 Section 8.28.080 – Non-Exclusive Remedy
This chapter is not the exclusive regulation or penalty for acts related to unlawful camping, obstruction of public rights of way, or interference with the public’s access and use of public property.

It supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, state or any legal entity or agency having jurisdiction.

Section 8.28.090 – Severability
If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The City Council hereby declares it would have passed each remaining portions of this chapter irrespective of the fact that any one or more portions are declared invalid. ////
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Section 2: This ordinance shall take effect thirty (30) days after its passage and shall be posted in three public places in the City of Kingsburg within fifteen (15) days after its passage.

PASSED AND ADOPTED at 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:

DRAFT: 2024-09-25
7 1
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28 AYES: Council Member

NOES: Council Member
ABSTAIN: Council Member
ABSENT: Council Member
APPROVED ______________________________
Mayor
ATTEST: _________________________
City Clerk

STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss

Dated: __________________________ _________________________________ Abigail Palsgaard, City Clerk

Kingsburg City CouncilOctober 2, 2024

Kingsburg City Council
October 2, 2024