RECOMMENDED ACTION BY CITY COUNCIL
1. Informational. Council may choose to provide direction to staff.
POLICY ALTERNATIVE(S)
1. N/A
STRATEGIC GOAL(S) MET:
1. Preserve the Kingsburg Experience
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The City has been engaged in updating the Housing Element since 2022. The City’s Planning Commission considered the proposed changes to Title 17 during their November 14, 2024 regular meeting. The Commission voted 6-0 to approve the CEQA determination. They voted 6-0 to not recommend the changes Title 17 of the Municipal Code to the City Council.
On December 4, 2024, City Council adopted relevant text zone amendments, but did not adopt housing overlay zones. Subsequently, they directed staff to work with HCD to examine alternative options to meet the Regional Housing Allocation without the need to upzone these locations.
ATTACHED INFORMATION
1. City’s Submittal to HCD (January 29, 2025)
2. Staff Report and Information from December 4, 2024
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Partially
3. If Budgeted, Which Line? 001-2600-5270; Professional Services January 29, 2025
Melinda Coy
Proactive Housing Accountability Chief
Division of Housing Policy Development
Department of Housing and Community Development
651 Bannon Street, Ste. 400
Sacramento, CA 95811
RE: 6
th Cycle Housing Element Sites Inventory Amendment
Ms. Coy:
The City of Kingsburg (City) adopted its 6th Cycle Housing Element (Housing Element) at the City’s July 17, 2024, City Council meeting. Subsequently, the City received a letter from the Department of Housing and Community Development (HCD) on September 16, 2024, indicating that its adopted Housing Element met the requirements of State law, making it one of the first cities in Fresno County to be in compliance. Subsequent to adopting the Housing Element and receiving the substantial compliance letter from HCD, the City initiated a Zoning Text Amendment (ZTA) to implement the provisions of the programs included in the Housing Element by the required State deadline of December 31, 2024.
The City Council considered the proposed ZTA at their meeting on December 4, 2024. Part of the proposed ZTA language included establishing a Housing Element Implementation (HEI) overlay to require a minimum density of 20 dwelling units/acre (du/ac) for four sites (Sites 47, 48, 102, and 103) identified in the City’s sites inventory. The minimum density for these sites was required as part of Program 16 (Zoning Code Amendments) to meet the City’s lower income Regional Housing Needs Allocation (RHNA) unit obligation. Several City residents voiced their concern with the increase in density for the four sites, citing aesthetics, land use compatibility, and traffic safety as the points of primary concern with the proposed density increases. These points brought forth by the public led the City Council to discuss the potential for finding alternative sites to increasing the density minimums for the four sites, while still meeting the City’s lower income RHNA obligation. During this discussion it was noted that there could be other sites available within the City that would allow for housing projects at densities that would provide for lower income housing opportunities.
At the December 4, 2024 meeting, the City Council ultimately elected to not adopt the proposed HEI overlay language proposed as part of the ZTA that would require Sites 47, 48, 102, and 103 to develop at a minimum density of 20 du/ac. However, the City Council has adopted the entirety of the other ZTA language, which addresses all other zoning text amendments required under the Housing Element implementation programs.
Based on public comments also received at the Planning Commission meeting held on November 14, 2024, City staff anticipated that the City Council may wish to pursue alternative sites and proactively met with HCD on November 21, 2024, to discuss the viability of revising the adopted sites inventory. In preparation for this meeting, the City found that the adopted sites inventory had undercounted a total of 129 units in the lower income category as follows:
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
(559)897-5821 Fax: (559)897-5568
Mayor Brandon Pursell, Jr.
Mayor Pro Tem Vince Palomar.
Council Member Laura North
Council Member Staci Smith
Council Member David M. Silva
City Manager Alexander J. Henderson
2 • Site 102 in Table 1H-4 (Vacant Land Inventory) assumed that the site would be developed according to a proposed project application, which was conveyed to staff verbally. However, an application for the site has not been received. The realistic capacity of the site (67 units) is greater than the project that was assumed for the site (24 units), resulting in a net shortfall of 43 units. • Site 103 in Table 1H-4 assumed that the site would be developed according to a proposed project application, conveyed to staff verbally. However, an application for the site has not been received. The realistic capacity of the site (112 units) is greater than the project that was assumed for the site (55 units), resulting in a net shortfall of 57 units.
• Site P-5 (Ratzlaff Property) in Table 1H-5 (Approved and Pending Projects to Meet the RHNA [Including Pending Annexations]) identified 70 units to be counted towards the lower income category total.
Subsequently, an application and project was approved for 99 units, resulting in a shortfall of 29 units that the City can allocate toward meeting their lower income RHNA obligation.
After discussing these three under counts with HCD staff at the November 21, 2024, meeting, HCD staff indicated that changes to the Housing Element to account for these numbers would fall within a technical edit to the Housing Element. Also discussed in this meeting was the possibility of using sites that were not included within the adopted sites inventory to contribute toward meeting the City’s lower income RHNA obligation and removing four sites (Sites 47, 48, 102, and 103) currently identified in the adopted sites inventory for that income category.
Communications between the City and HCD following this meeting indicated that revisions to the adopted sites inventory to add and/or remove sites may be considered an amendment to the Housing Element.
The City is committed to providing housing types for all socioeconomic groups and intends to do so in a manner that meets the requirements of State law, identifies available sites to facilitate housing opportunities at a range of densities, and in a manner in which the residents of the community are supportive of given the concerns raised. The City has continued to act in good faith with HCD to come to a resolution that meets their RHNA obligation and has remained in contact with HCD through the process, indicating the City’s intent to review the sites inventory for potential modification (Attachment 4).
After reviewing the adopted sites inventory and other vacant lands within the City that are not included in the sites inventory, and considering the undercounted units discussed above, the City has found that there is adequate realistic capacity on alternative sites that could provide enough capacity in the lower income category negating the need to require the 20 du/ac minimum for Sites 47, 48, 102, and 103.
Please see Attachment 1 for a redlined version of the sites inventory table (Table 1H-4), pending and approved projects table (Table 1H-5), and the summary of residential capacity compared to the 6th Cycle RHNA table (Table 1H-6). The changes shown in these three tables indicate that there is adequate realistic capacity within the City without Sites 47, 48, and 102 and with Site 103 retaining its current zoning of RM-3 to accommodate units in the moderate income category. The changes to the tables are summarized below:
• Sites 47, 48, and 102 have been removed from the sites inventory. • Site 103 will maintain its current zoning designation of RM-3 and will be used towards the moderate income RHNA requirement, rather than the City’s lower income RHNA requirement. • The following sites that are zoned Highway Commercial have been added (by Site Number, shown on Attachment 2):
o Site 106
o Site 107
o Site 108
o Site 112
o Site 113
o Site 114
o Site 115
o Site 116
o Site 117
o Site 118
• The following sites that are zoned Central Commercial/Form Based Code have been added:
3 o Site 109
o Site 110
o Site 111
All sites added are larger than 0.5 acres and smaller than 10 acres in size, with the exception of Site 107. While Site 107 exceeds 10 acres in size (10.24 acres), the parcel is still reasonable in size to feasibly be developed with a project at a density that would accommodate units at the lower income category. Additionally, the City will actively work to facilitate the development of the site and will pursue funding to complete off-site improvements and incentivize the development of the site.
The realistic capacity identified for all sites are consistent with the realistic capacity assumptions previously reviewed and approved by HCD as part of the Housing Element adoption process. With these changes, the City will be providing capacity for 409 units in the lower income category (409 required), 183 units in the moderate income category (150 required), and 351 units in the above moderate income category (323 required), and will continue to meet its RHNA requirements and remain in substantial compliance with State law. The City anticipates that Program 16 of the Housing Element may need to be revised, but that no new Programs are required to be added.
The City looks forward to further coordination and cooperation with HCD to remain compliant with its Housing Element. Should you have any questions, please feel free to contact me directly at 559-897-6528 or by emailing me at [email protected].
Respectfully,
Alexander J. Henderson; ICMA-CM
City Manager
City of Kingsburg
Attachments: Attachment 1 – Revised Housing Element Tables (with track changes) Attachment 2 – Map of Adopted and Proposed Sites
Attachment 3 – HCD Letter of Inquiry dated December 4, 2024 Attachment 4 – City Response to HCD Letter of Inquiry dated January 3, 2025 4 Attachment 1: Revised Housing Element Tables (with track changes) Table 1H-4 Vacant Land Inventory
Site ID
Assessor’s
Parcel
Number
Existing
Use Acres Zoning General Plan Land Use
Max.
Density
(per acre)
Max.
Capacity
Realistic
Capacity Affordability Constraints
1 39606401 Vacant 0.09 CC/FBC Central Commercial 25 2 1 Moderate None 3 39606409 Vacant 0.33 CC/FBC Central Commercial 25 8 1 Moderate None 4 39606410 Vacant 0.25 CC/FBC Central Commercial 25 6 1 Moderate None 5 39612122 Vacant 0.13 CC/FBC Central Commercial 25 3 1 Moderate None 6 39612123 Vacant 0.2 CC/FBC Central Commercial 25 5 1 Moderate None 7 39612124 Vacant 0.31 CC/FBC Central Commercial 25 7 1 Moderate None 8 39612125 Vacant 0.3 CC/FBC Central Commercial 25 7 1 Moderate None 12 39607213 Vacant 0.16 CC/FBC Central Commercial 25 4 1 Moderate None 17 39439004 Vacant 0.69 HC/MXU Highway Commercial 22 15 3 Lower None 18 39439012 Vacant 0.28 HC/MXU Highway Commercial 22 6 1 Moderate None 19 39439013 Vacant 0.33 HC/MXU Highway Commercial 22 7 1 Moderate None 22 39439016 Vacant 0.33 HC/MXU Highway Commercial 22 7 1 Moderate None 23 39439017 Vacant 0.28 HC/MXU Highway Commercial 22 6 1 Moderate None 24 39439018 Vacant 0.37 HC/MXU Highway Commercial 22 8 1 Moderate None 25 39439019 Vacant 0.45 HC/MXU Highway Commercial 22 9 2 Moderate None 27 39440001 Vacant 0.77 HC/MXU Highway Commercial 22 16 4 Lower None 28 39440003 Vacant 0.78 HC/MXU Highway Commercial 22 17 4 Lower None 29 39440008 Vacant 0.28 HC/MXU Highway Commercial 22 6 1 Moderate None 30 39440009 Vacant 0.33 HC/MXU Highway Commercial 22 7 1 Moderate None 31 39440010 Vacant 0.53 HC/MXU Highway Commercial 22 12 2 Lower None 33 39404205 Vacant 2.16 HC/MXU Highway Commercial 22 47 11 Lower None 34 39404206 Vacant 1.05 HC/MXU Highway Commercial 22 23 5 Lower None 35 39404208 Vacant 1.9 HC/MXU Highway Commercial 22 41 9 Lower None 36 39440007 Vacant 1.42 HC/MXU Highway Commercial 22 31 7 Lower None 37 39440012 Vacant 0.36 HC/MXU Highway Commercial 22 7 1 Moderate None 38 39440013 Vacant 0.48 HC/MXU Highway Commercial 22 10 2 Moderate None 39 39440002 Vacant 0.77 HC/MXU Highway Commercial 22 17 4 Lower None Site ID
Assessor’s
Parcel
Number
Existing
Use Acres Zoning General Plan Land Use
Max.
Density
(per acre)
Max.
Capacity
Realistic
Capacity Affordability Constraints
40 39404310 Vacant 1.08 HC Highway Commercial 22 245 Lower None 43 39333019* Vacant 5.33 HC Highway Commercial 22 117 28 Lower None 44 39324028 Vacant 19.13 HC Highway Commercial 22 421 100 Moderate None 45 39612204 Vacant 0.17 RM-2/FBC High Density
Residential 17.4
32 Moderate None
47 39425116 Vacant 1.31 New zone to
be created**
New designation to be
created** 30 39 31 Lower None
48 39425117 Vacant 4.15 New zone to
be created**
New designation to be
created** 30 124 99 Lower None
54 39616113 Vacant 0.15 RM-3 Medium Density 14.521 Moderate None 58 39406018 Vacant 0.58R-1-7
Low Density
Residential 6.2
32 Above
Moderate None
59 39438041 Vacant 0.21R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
60 39438042 Vacant 0.22R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
61 39508105 Vacant 0.17R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
62 39508231 Vacant 0.16R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
63 39616313 Vacant 0.21R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
64 39619009 Vacant 0.2R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
66 39620119 Vacant 0.21R-1-7
Low Density
Residential 6.2
11 Above
Moderate None
102 39602019 Vacant 2.82 New zone to
be created**
New designation to be
created** 30 84 24*** Lower None
103 39421007 Vacant 4.69 New zone to
be
created**RM-
3 New designation to be
created**Medium
Density Residential
3014.5 14068 55***54 LowerModerate None
104 39425103 Vacant 9.04R-1-7
Medium Density
Residential 6.2 56 41**
*
Above
Moderate None
105**** 39404413 Vacant 5.39R-M-3
Medium Density
Residential 14.5 78 62 Lower None
106 39504025 Vacant 3.69 HC
Highway
Commercial 22 81 19 Lower None
107 39404218 Vacant 10.24 HC
Highway
Commercial 22 225 53 Lower None
108 39402152 Vacant 4.77 HC
Highway
Commercial 22 104 25 Lower None
109 39603112 Vacant 1.35 CC/FBC
Central
Commercial 25 33 8 Lower None
110 39606301 Vacant 0.56 CC/FBC
Central
Commercial 25 14 3 Lower None
111 39604319 Vacant 1.43 CC/FBC
Central
Commercial 25 35 8 Lower None
112 39440021 Vacant 0.67 HC
Highway
Commercial 22 14 3 Lower None
113 39440022 Vacant 0.67 HC
Highway
Commercial 22 14 3 Lower None
114 39440023 Vacant 0.61 HC
Highway
Commercial 22 13 3 Lower None
115 39440024 Vacant 0.60 HC
Highway
Commercial 22 13 3 Lower None
116 39440025 Vacant 1.12 HC
Highway
Commercial 22 24 5 Lower None
117 39440028 Vacant 1.06 HC
Highway
Commercial 22 23 5 Lower None
118 39404217T Vacant 3 HC
Highway
Commercial 22 66 15 Lower None
Site ID
Assessor’s
Parcel
Number
Existing
Use Acres Zoning General Plan Land Use
Max.
Density
(per acre)
Max.
Capacity
Realistic
Capacity Affordability Constraints
Lower-Income Capacity 297330
Moderate-Income Capacity 148177
Above Moderate-Income Capacity 9550
Total Vacant Land Capacity 524573
*Water and wastewater infrastructure is located very near the site in Golden State Blvd. **See Program 16***Realistic capacity is based on pending project applications. ****A 100 percent affordable residential project is pending on this site so it is being counted towards the lower-income RHNA.
Table 1H-5 Approved and Pending Projects to Meet the RHNA (Including Pending Annexations)
Site
ID Project Name Affordability Acres Project Status General Plan/Zoning Total
Project
Units
P-1 Kings Estates III Market Rate 19.16 Under Construction 2023 LDR / R-1-7 58
P-2 Kings Estates IV Market Rate 18.76
Grading Plan Review
Complete 2022.
Approved.
Construction
Expected to Begin
Late 2023.
LDR / R-1-7 57
P-3
Kings Estates V
(pending
annexation)
Market Rate 19.34 Allocations Granted LDR / R-1-7 53
P-4
Quait Property
(pending annexation,
now joined with P-3
as part of Kings
Estate V)
Market Rate 22.39 Allocations Granted LDR / R-1-7 96
P-5 Ratzlaff Property
Lower Income
(Senior
Housing)
5.39 Site Plan Review
Complete 2024 MDR / RM-3 7099
P-6
Sohal Multifamily
Project Market Rate 5.33 Approved 2022 MDR / RM-5 35
Lower-Income Units 9970
Moderate-Income Units 0
Above Moderate-Income Units 299
Total Units 369398
Table 1H-6 Summary of Residential Capacity Compared to the 6th Cycle RHNA Income
Category RHNA Vacant Site Capacity
Pipeline
Projects
Pending
Annexation
Projected
ADUs
Total
Capacity Surplus
Very Low 248
330297 9970 0 13 4093 04
Low 161
Moderate 150 17748 0 0 6 18354 334
Above
Moderate 323 9550 150 149 2 35196 2873
Total 882 52473 24920 149 21 943963 6181
Sources: FCOG, 2022; City of Kingsburg, 2023.
5 Attachment 2: Map of Adopted and Proposed Sites
MEHLERT
MORGAN
MADSEN
WINTER
SIERRA
TENTH
FOURTEENTH
MAGNOLIA
DRAPER
HOWARD
ACADEMY
EIGHTEENTH
TWENTIETH
SMITH
HAROLD
MARION
TWELFTH
TWENTY FIRST
TWELFTH
TENTH
TULARE
ORANGE
KLEPPER
KAMM
SIXTEENTH
CONEJO
SIXTH
KAMM
CARUTHERS
STROUD STROUD RAFER JOHNSON
AMBER
MOUNTAIN VIEW
?Î
?Î
GOLDEN STATE
«?
4 3
110
27 P6
P3 P2
P1
P4
17 P5 105
54 66
37 29
22 23
35 33
34 40
45 12
108
58 104
59 60
61 62
109
111
1 5
6 8
63 64
43 44
106
107
103
118
47 48
102
114 112
117
115
RHNA Sites
Removed Site
Proposed Site
Adopted Site
Pipeline Project
Boundaries
City Limit
Sphere of Influence
0 0.25 0.5
Miles
Proposed Sites Inventory o
Prepared By
City of Kingsburg, CA
1/24/2025 G:\Kingsburg_City of - 1345\134524003-OnGoing GIS Services\400 GIS\Map\Kingsburg_2025_Tasks\Kingsburg_2025_Tasks.aprx 28 39
27 17
31 37
29 30
22 18 19
23 35
33 34
36 38
24 25
107
118
114 116
112
117
113
115
Inset Map
See Inset
6 Attachment 3: HCD Letter of Inquiry dated December 4, 2024 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Ste. 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 4, 2024
Alexander J. Henderson, City Manager
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
RE: 6th Cycle Housing Element Update Rezone Requirements – Letter of Inquiry Dear Alexander J. Henderson:
The purpose of this letter is to inquire about the status of the City of Kingsburg’s (City) 6th Cycle Housing Element Implementation Program related to sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Government Code section 65585, subdivision (i). The California Department of Housing and Community Development (HCD) sent the City a letter on September 16, 2024 finding the City’s housing element in substantial compliance with Housing Element Law.1 This was based on, among other reasons, the City’s commitment to complete Program 16 (Zoning Code Amendments) by December 31, 2024 to rezone adequate sites to satisfy its RHNA shortfall. HCD requests that the City provide an update on the status and timeline of implementation for Program 16 by January 3, 2025.
Rezoning Requirements
Pursuant to Government Code section 65588, subdivision (e)(4)(C) if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023), then any rezoning to make sites available to accommodate the RHNA shall be completed no later than one year from the statutory deadline.
2 As the City did not adopt a compliant housing element within 120 days of the statutory deadline, Program 16 must be completed no later than one year from the statutory deadline.
Consequences of Failure to Implement Program 16
Government Code section 65585, subdivision (i), grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or Housing Element Law. This includes failure to implement 1 Gov. Code, § 65580 et seq.
2 Gov. Code, §§ 65583, subd. (c), 65583.2, subd. (c).
Alexander J. Henderson, City Manager
program actions included in the housing element. Failure to implement rezone actions in Programs 16 by the statutory deadline means the City’s housing element will no longer substantially comply with Housing Element Law, and HCD may revoke its finding of substantial compliance.
Various consequences may apply if the City does not have a housing element in compliance with Housing Element Law, including ineligibility or delay in receiving certain state funds, referral to the California Office of the Attorney General, court-imposed financial penalties, the loss of local land use authority to a court-appointed agent, and the application of the “builder’s remedy.”3
Conclusion
Housing elements are essential to developing a blueprint for growth and are a vital tool to address California’s prolonged housing crisis. Accordingly, state law has established clear disincentives for local jurisdictions that fail to comply with Housing Element Law.
To ensure the City continues to meet the 6th cycle update requirements for a substantially compliant housing element, the City must submit any adopted rezones and accompanying resolutions to HCD for review.
4 HCD will consider any written response before taking further action authorized by Government Code section 65585, subdivision (i), including issuance of a Corrective Action Letter and removal of HCD’s finding of housing element compliance.
HCD looks forward to receiving your written response to this inquiry. If you have any questions or would like to discuss the content of this letter, please contact Reid Miller of our staff at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Division of Housing Policy Development
3 Gov. Code, §§ 65585, subds. (j), (l)(1), (i); 65589.5, subd. (d)(5). 4 Gov. Code, § 65585.
7 Attachment 4: City Response to HCD Letter of Inquiry dated January 3, 2025 January 3, 2025
Melinda Coy
Proactive Housing Accountability Chief
Division of Housing Policy Development
Department of Housing and Community Development
651 Bannon Street, Ste. 400
Sacramento, CA 95811
Re: 6th Cycle Housing Element Update Rezone Requirements – Letter of Inquiry Dear Ms. Coy,
Thank you for your letter dated December 4, 2024, regarding the City of Kingsburg’s progress on its 6th Cycle Housing Element Implementation Program and rezone requirements under Program 16. We appreciate the opportunity to provide an update on our efforts to meet the Regional Housing Needs Allocation (RHNA) targets and maintain compliance with Housing Element Law.
The City of Kingsburg is committed to supporting the development of housing for all income levels through various measures, including the analysis and optimization of our existing sites inventory. As we have discussed with HCD staff on November 21, 2024, as well as through subsequent email correspondence, we are examining alternative options to meet our existing RHNA targets without the need to rezone the four (4) properties originally identified in Program 16.
We have, however, moved forward with several initiatives laid out in the adopted Housing Element. Our efforts include:
1. Stakeholder Engagement: We have engaged with local developers and community members to identify opportunities and address barriers to higher density residential development that would accommodate housing in the lower income category.
2. Zoning Code Text Amendments: On December 4th, the City adopted the zoning code amendments identified in the submitted and substantially compliant Housing Element.
3. Strategic Planning for Future Housing: Beyond the immediate requirements, we are integrating longterm strategies to ensure sustainable housing development that aligns with community needs and state priorities now and for future Housing Element updates.
4. Comprehensive Review of Sites Inventory: We are evaluating our current inventory of available sites to ensure their suitability for accommodating housing for the lower income categories. This includes analyzing zoning designations, infrastructure capacity, and other factors affecting development feasibility. We also have sites that we believe are candidates for housing in the lower income category that were not previously available when we began our update in 2022.
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
(559)897-5821 Fax: (559)897-5568
Mayor Brandon Pursell, Jr.
Mayor Pro Tem Vince Palomar
Council Member Laura North
Council Member Staci Smith
Council Member David M. Silva
City Manager Alexander J. Henderson
2 We value HCD’s guidance and partnership in addressing California’s housing challenges and welcome the opportunity to discuss any questions or provide additional information about our progress. We anticipate submitting a revised sites inventory by January 31, 2025.
Should you have any further questions, please feel free to contact me directly at 559-897-6528 or by emailing [email protected].
Respectfully,
Alexander J. Henderson; ICMA-CM
City Manager
City of Kingsburg
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Holly Owen, Community Development Director REVIEWED BY: AJH AGENDA ITEM: Title 17 (Zoning) Amendments and Creation of the Housing Element Implementation Overlay on Specific Parcels for Compliance with the 2023-2031 Kingsburg Housing Element
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
NOTE: This information is current as of the posting of the agenda and packet on November 27, 2024. Staff is awaiting information from California Dept. of Housing & Community Development (HCD) that could alter some of the information enclosed, including the staff recommendation. We will provide updates as they become available.
Kingsburg was part of the Multijurisdictional Housing Element process initiated in 2022 and coordinated by Fresno Council of Governments. The Housing Element is a State-mandated eight-year policy document that is a component of the Kingsburg General Plan. The overall purpose of the Housing Element is to identify current and projected housing needs, show locations where housing can be built, and set goals, policies, and programs to meet the community’s housing needs. Every city’s required Housing Element has policies and programs that must be implemented in order for the Housing Element to continue to be considered compliant with State requirements.
For Kingsburg, the 2023-2031 Housing Element was reviewed by Planning Commission on May 9, 2024, and by Council on July 17, 2024, where it was adopted. After adoption, the notice of adoption was sent to the State Housing and Community Development Department (HCD) on July 18, 2024. A letter stating that Kingsburg’s submitted Housing Element was in substantial compliance was sent to the City on September 16, 2024 (Attachment 2). Part of the requirements for certification of the Housing Element are to take action steps to ensure that the Housing Element remains in compliance in accordance with its programs. Most cities are required to include updates and changes to their zoning ordinance to reflect current State law. In addition, some cities are required to increase the development potential for identified properties in order to accommodate their share of the Regional Housing Needs Assessment (RHNA) targets.
As a result, the City has initiated an Amendment to Title 17 (Zoning) of the City’s Municipal Code in order to comply with the programs outlined in the City’s adopted Housing Element and to be consistent with the City’s adopted Housing Element. These amendments to the Municipal Code must be adopted before the end of 2024. These amendments to the Municipal Code to make the necessary modifications to implement the Housing Element, in addition to accommodating other housing-related regulations that have taken effect over the last several years, or that will become effective on January 1, 2025. On November 14, 2024, the Planning Commission was asked to review the proposed changes to Title 17 of the Kingsburg Municipal Code and make a recommendation of approval to the City Council. The Planning Commission voted 6-0 to not recommend to Council the proposed changes to the Zoning Ordinance.
Procedures. The following procedures have been updated or added to Title 17. Each of these procedures are required for compliance with specific State legislation. The amendments to Title 17 in detail are included as Attachment 1 to this staff report.
Meeting Date: 12/04/2024
Agenda Item: 6
• Accessory Dwelling Units
• Affordable Housing Density Bonus
Definitions. The following definitions have been added or amended to Title 17 for consistency with State mandated requirements.
• Accessory Dwelling Units (ADUs)
• Emergency Shelters
• Family
• Farmworker/Employee Housing
• Group Residential Facilities
• Low Barrier Navigation Centers
• Mobile Homes/Manufactured Housing
• Single Room Occupancy Units
Allowed Uses. The following uses have been added as permitted or conditionally permitted uses within the noted zone districts.
• Permitted uses in the following zones:
o Multifamily Residential (CH)
o Farmworker/Employee Housing (UR, RA, R, RM)
o Single Room Occupancy (Conditional Use/CH)
o Low Barrier Navigation Centers (PO, CH, MXU, FBC)
o Emergency Shelters (CH)
o Residential Care Facilities (Administrative approval UR, RA, R, RM) o Accessory Dwelling Units (UR, RA, R, RM, FBC)
o Transitional and Supportive Housing (RA, R, RM, CH, MXU, FBC) o Mobile Homes/Manufactured Housing (UR, RA, R, RM, )
Development Standards. Modifications to the following development standards are proposed to be consistent with State law for regulating the uses below:
• Off-street Parking for Multifamily Projects
• Minimum Site Area-amending RM-2.0 table to be consistent to 2,000 SF minimum site area per dwelling
CHANGE TO BASE DENSITY OF PARCELS AS REQUIRED BY THE HOUSING ELEMENT General: State law requires that the Housing Element identify adequate sites for housing by including an inventory of land suitable for residential development, including vacant sites and non-vacant sites having potential for redevelopment, with an analysis of the development capacity that can realistically be achieved for each site. The purpose of the Sites Inventory is to evaluate whether there are sufficient sites with appropriate zoning density to meet the Regional Housing Needs Allocation (RHNA) of each jurisdiction. State law allows rezoning and/or redesignating of parcels identified in a housing element to address a shortfall of units within a certain amount of time after the adoption of the housing element. Pursuant to Government Code section 65583.4, subdivision (a), local governments have one year from the statutory deadline to complete any redesignations or rezones if the local government adopted a sixth cycle housing element and HCD found the adopted element to be in substantial compliance within one year of the statutory deadline.
The statutory deadline for those cities (including Kingsburg) participating in the Multijurisdictional Housing Element process in Fresno County was December 31, 2023. For those cities, any required redesignations/rezones are to be completed by December 31, 2024. Failure to adopt the required redesignations/rezones by December 31, 2024, will result in HCD revoking Kingsburg’s housing element compliance.
On November 21, 2024, City Staff had a conference call with Housing and Community Development (HCD) for the purpose of discussing the timing of completion of required actions as well as evaluation of several scenarios to
consider alternative parcels to meet the Regional Housing Needs Allocation numbers. HCD indicated a willingness to evaluate the City’s suggestions for alternatives to the current requirements and provide a response.
ENVIRONMENTAL ANALYSIS
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq.). A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves an amendment to the zoning ordinance as described in CEQA Guidelines Section 15378(a)(1).
Any proposed future development would be subject to CEQA analysis if subject to discretionary approvals. The zoning ordinance amendments and creation of the overlay district does not authorize any activity and would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum to the Kingsburg General Plan EIR, which was prepared by PlaceWorks for the Housing Element Update (Attachment 3).
Specific to Kingsburg: In the adopted Housing Element, the City of Kingsburg is required, as a condition of compliance from HCD, to amend the General Plan and Title 17 to address the RHNA requirements to provide adequate sites to address a shortfall of 209 units. Out of the sites inventory in the Kingsburg Housing Element, four parcels were identified to provide adequate sites to meet this Regional Housing Needs Assessment (RHNA) target.
All these parcels are currently zoned RM-3 and are designated Medium Density Residential in the General Plan. To comply with the requirement to meet the RHNA shortfall, the allowed base density for these four parcels will be a minimum of 20 dwelling units per acre. The new base density for the parcels will increase the maximum capacity of units for each parcel and help the City of Kingsburg meet its RHNA shortfall. An overlay district (the Housing Element Implementation Overlay District) has been created as a part of the amendment to Title 17 in order to implement the applicable program requirements adopted in the City’s Housing Element. A map identifying these four sites is included as Attachment 4.
The Housing Element Sites Inventory is evidence that the City has the land available to construct housing and to remove constraints whenever possible to housing at various income levels. Although there are annual reporting requirements to the State, regarding the RHNA, the city can only require that housing products be built in compliance with City development standards and zoning requirements.
Finally, unique to Kingsburg is the annual allocation process from the Grown Management Ordinance. Any project that wishes to seek entitlements will need to receive allocation units for the project. Allocation units are granted after a rating and ranking process is completed and after Council awards those units.
Potential Consequences for Kingsburg:
If Kingsburg fails to take action on the required changes to the zoning ordinance, including potential rezones, the City faces not only possible loss of State funding but loss of the remaining local control over project approval that is still allowed by the State. One potential consequence is that a project could come to Kingsburg using the “Builders Remedy.” This option, now allowed by AB 1886 (and recently AB1893), is part of California’s Housing Accountability Act. It allows developers to build housing projects even if they don’t comply with local zoning rules, such as height limits or density caps, as long as the City does not have an approved Housing Element. In essence, if a city is behind on its state-required housing element approval, developers can propose projects that the City wouldn’t normally approve—and the City must accept them. Our noncompliance status would be on a statewide database.
RECOMMENDED ACTION BY CITY COUNCIL
1. Consider adoption of Resolution 2024-065 approving the CEQA determination for the Amendment to Title 17 of the Municipal Code and the Housing Element Implementation Overlay.
2. Waive the �irst reading and Introduce Ordinance 2024-07, an ordinance of the city of Kingsburg amending various sections of Title 17 of the Kingsburg municipal code for the purpose of compliance with the requirements of the adopted Kingsburg sixth (6th) cycle housing element and pass the Ordinance to a second reading and adoption at the City Council meeting on December 18, 2024, with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG AMENDING VARIOUS SECTIONS OF TITLE 17 OF THE
KINGSBURG MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH THE REQUIREMENTS OF THE ADOPTED KINGSBURG SIXTH (6th) CYCLE HOUSING ELEMENT”
POLICY ALTERNATIVE(S)
1. The Council can direct staff to amend the proposed Ordinance in accordance with the requirements of the State Housing and Community Development Department for purposes of meeting the requirements of the Kingsburg Housing Element.
STRATEGIC GOAL(S) MET:
1. Preserve the Kingsburg Experience
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The City has been engaged in updating the Housing Element since 2022.
The City’s Planning Commission considered the proposed changes to Title 17 during their November 14, 2024 regular meeting. The Commission voted 6-0 to approve the CEQA determination. They voted 6-0 to not recommend the changes Title 17 of the Municipal Code to the City Council.
ATTACHED INFORMATION
1. Ordinance 2024- 07- Amendments to various sections of Title 17 of the Kingsburg Municipal Code for the purpose of compliance with the requirements of the adopted Kingsburg sixth (6th) cycle housing element (clean)
2. Ordinance 2024- 07- Amendments to various sections of Title 17 of the Kingsburg Municipal Code for the purpose of compliance with the requirements of the adopted Kingsburg sixth (6th) cycle housing element (redline)
3. Resolution 2024-065 approving the CEQA determination for the Amendment to Title 17 of the Municipal Code and the Housing Element Implementation Overlay.
4. HCD Substantial Compliance Letter September 16, 2024
5. CEQA Determination from PlaceWorks (Addendum to Kingsburg General Plan EIR)
6. Location of Sites for Housing Element Implementation Overlay District (APNs 394-210-07, 394-251-16, 394- 251-17, 396-020-19)
7. City of Kingsburg Adopted 2023-2031 Housing Element
8. Memo of Housing Legislation Since 2019
FISCAL IMPACT:
1. Is There A Fiscal Impact? No. If Council provides separate direction, potentially.
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AJH AGENDA ITEM: Kingsburg Health Care District Grant Cycle Announcement ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
The Kingsburg Health Care District provides grants to various public and private organizations that provide healthrelated services to the Kingsburg community and surrounding area. Grants are awarded for any purpose allowed by state law, including to provide assistance in the operation of free clinics, health education programs, wellness, and prevention programs, rehabilitation, and any other health care groups and organizations that are necessary for the maintenance of good physical and mental health in the Kingsburg community and surrounding area. Each year in January the health care district opens its grant cycle and invites local organizations to submit applications seeking funding for various needs around the community. May 1 is the deadline to submit grant applications, and June 1 is when grant awards will be announced unless the Board acts to set a different schedule or to extend the time within which to act on applications.
The City of Kingsburg has partnered with the district on multiple projects over the last several years for the purchase of public safety equipment and public recreation improvements. A few examples include:
Kingsburg Fire Department 2024 Paramedic Ambulance Personnel $405,490.00 Kingsburg Police Department 2024 Comprehensive Health Exams for Officers $68,000.00 Kingsburg Community Services 2024 Senior Center Hot Meal Program $55,000.00 Kingsburg Fire Department 2023 Paramedic Ambulance Personnel $384,987.00 Kingsburg Police Department 2023 Public Service Vehicle & Officer First Aid Kits $19,740.00 Kingsburg Community Services 2023 Public Health & Playground Safety Updates $36,311.50 Kingsburg Community Services 2022 Senior Center Kitchen Renovation $220,728.00 Kingsburg Fire Department 2022 Paramedic Ambulance Personnel $366,654.00 Kingsburg Fire Department 2022 Paramedic Ambulance Wage Adjustment $7,333.00 Kingsburg Fire Department 2022 Lucas/CPR Devices & Annual Contract $80,106.00 Kingsburg Fire Department 2021 Paramedic Ambulance Personnel $377,400.00 Kingsburg Fire Department 2020 New Ambulance $359,000.00 Kingsburg Fire Department 2020 Public Access AED/CPR Program $103,550.00 Kingsburg Fire Department 2020 Ambulance Equipment Program $202,051.00 Kingsburg Community Services 2019 Crandell Swim Complex Project $434,937.00 Kingsburg Community Services 2019 Athwal Park Improvements Phase I $600,000.00 Kingsburg Fire Department 2018 Autoload Cots and ECG Monitors $126,505.00 Kingsburg Police Department 2018 Patrol Vehicle and Officer First Aid Kits $6,007.70 Kingsburg Fire Department 2017 New Ambulance $250,000.00 Tonight, staff is informing the City Council of the upcoming grant cycle and seeking input on potential project proposals for the 2025 calendar year. Staff will begin working together to develop possible project ideas and present those ideas to the council in the coming weeks.
Meeting Date: 02/05/2025
Agenda Item: 11
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff is seeking input from the council on possible applications for the upcoming grant cycle.
POLICY ALTERNATIVE(S)
1. The council could modify the direction with regard to submitting applications for this grant cycle.
STRATEGIC INITIATIVE
1. Preserve the Kingsburg Experience
2. Financial Stability
3. Community Safety
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
During the first quarter of every year, a presentation is given to the City Council as an introduction to the Kingsburg Health Care District’s grant cycle and staff’s desire to submit grant requests for that year.
ATTACHED INFORMATION
None
FISCAL IMPACT:
1. Is There A Fiscal Impact? Potentially
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AJH AGENDA ITEM: Park & Recreation Master Plan Project Proposal ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
The City of Kingsburg proposes developing a comprehensive Park & Recreation Master Plan to enhance recreational opportunities and align with best practices for city park systems. The plan will address community needs, prioritize funding, and establish strategic goals to ensure equitable access, user satisfaction, safety, and broader city benefits. The process will involve a community needs assessment, resource inventory, data analysis, and the formulation of goals and objectives. The project will be conducted in partnership with the Sustainable Park and Recreation Community Initiative (SPARCI) at Fresno State under the direction of Dr. Samuel V. Lankford, Professor. Dr. Lankford’s park and recreation planning expertise will guide the development of a robust and actionable master plan for the City of Kingsburg. The plan's total cost to the City of Kingsburg is $33,000. This budget will cover staffing, surveys, public outreach, data analysis, and plan preparation.
Staff is seeking approval from the Council to proceed with the proposed methods, timeline, and budget. The Master Plan update was funded via the FY25 budget as part of the City’s overall Capital Improvement Plan . Project completion is scheduled to be completed by November 2025.
Project Goal:
To develop and implement a planning process that results in a comprehensive Park & Recreation Master Plan for the City of Kingsburg.
Objectives:
• Assess recreation service demands of Kingsburg residents. • Identify existing and potential recreation, cultural, historical, and natural resources. • Establish goals, objectives, and action steps for Parks & Recreation services. • Prioritize funding for improvements and collaborations with recreation agencies. • Address community issues with strategic actions.
Proposed Methods & Timeline:
Task 1: Organize Project and Gain Approvals (January - February 2025) • Form Community Services Commission sub-committee.
• Finalize planning process and timeline.
• Develop a comprehensive stakeholder list.
Task 2: Community Needs Assessment (March - June 2025)
• Draft and finalize survey instruments.
• Distribute surveys via mail and online platforms and intercept surveys at parks and events. • Conduct public meetings and workshops to gather input.
Task 3: Data Analysis (July - August 2025)
• Input and analyze survey data using statistical software.
Meeting Date: 02/05/2025
Agenda Item: 12
• Develop data tables and graphics and draft findings.
Task 4: Resource Inventory (July - September 2025)
• Map existing and potential recreation, cultural, historical, and natural resources. • Compare facilities to national standards and peer cities.
Task 5: Develop Goals, Objectives, and Funding Priorities (August - October 2025) • Link program opportunities to resources and identify funding sources. • Collaborate with the steering committee to refine priorities.
Task 6: Draft Master Plan (October 2025)
• Compile findings into draft plan.
• Distribute draft for stakeholder review and feedback.
Task 7: Final Master Plan (November 2025)
• Finalize and deliver the Park & Recreation Master Plan. • Include executive summary and evaluation strategies.
Conclusion:
This Master Plan will serve as a strategic framework to guide the City of Kingsburg in enhancing its Parks and recreation services. By incorporating community feedback and adhering to national standards, the plan aims to meet residents' recreational needs and improve their overall quality of life.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff is seeking Council approval to proceed with the proposed methods, timeline, and budget for the Parks & Recreation Master Plan project, and to authorize the City Manager to execute an agreement, to be reviewed and approved by the City Attorney.
POLICY ALTERNATIVE(S)
1. The council could choose not to approve the proposed methods, timeline, and budget for the Parks & Recreation Master Plan project.
STRATEGIC INITIATIVE
1. Preserve the Kingsburg Experience
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The Community Services Commission has been involved in discussions regarding the plan update, including hearing a presentation from Dr. Lankford during their January 2025 meeting.
ATTACHED INFORMATION
1. Attachment A: Kingsburg Parks and Recreation Master Plan-Final Proposal FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 036 - ARPA
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF KINGSBURG
and
CALIFORNIA STATE UNIVERSITY, FRESNO FOUNDATION
Period of Agreement: February 5, 2025 to December 31, 2025 Amount of Agreement: $33,000
WHEREAS City of Kingsburg, a California municipal corporation desires to hire California State University, Fresno Foundation, a California nonprofit public benefit corporation, hereinafter referred to as “Contractor” to perform certain professional services under the terms and conditions contained in this Agreement for Professional Services (“Agreement”), and Contractor agrees to perform such professional services in accordance with the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration City of Kingburg and the Contractor agree as follows:
ARTICLE I
SCOPE OF SERVICES
A. The Contractor agrees to provide professional and/or technical services to City of Kingsburg, in accordance with and pursuant to the terms and conditions of this agreement (“Agreement”), as identified on Attachment A – Scope of Work (“Work”), which is attached hereto and incorporated herein by this reference.
B. The Contractor shall perform the Work and shall furnish all labor, materials, supplies, equipment, supervision, and services for and incident to the performance of the Work.
C. In consideration of services rendered, City of Kingsburg agrees to pay the Contractor in accordance to the provisions of Article IV.
ARTICLE II
GENERAL PROVISIONS
A. This Agreement and the Exhibits hereto form the entire agreement and understanding between City of Kingsburg and the Contractor with respect to the matters set forth herein. Except as provided in Article VII hereof, no other written or verbal statements, shall be binding upon the parties or construed as modifying this Agreement in any way.
B. The governing law of this Agreement shall be the law of the State of California, excluding its choice of law provisions. Both parties consent to the jurisdiction of the courts located in the State
of California. The parties agree that Fresno County is the sole proper venue for the litigation of any and all disputes arising out of or relating to this Agreement.
C. The Contractor is an independent contractor and will maintain complete control of and responsibility for its employees, agents, methods, and operations. Neither Contractor nor any of its employees are agents or employees of City of Kingsburg, and are not entitled to participate in any pension plan, insurance, bonus, worker’s compensation, or similar benefits City of Kingburg provides for its employees. Contractor shall be responsible to pay and hold City of Kingsburg harmless from any and all payroll and other taxes and interest thereon and penalties therefor which may become due as a result of Work performed hereunder.
D. Execution of this Agreement by City of Kingsburg will be authorization for the Contractor to proceed with the Work specified herein.
E. Programmatic Communications to City of Kingsburg shall be directed to:
Adam Castaneda, Community Services Director
1401 Draper Street
Kingsburg, CA 93631
(559) 897-6549
[email protected]
Fiscal Communications to City of Kingsburg shall be directed to:
Alma Colado, Finance Director
1401 Draper Street
Kingsburg, CA 9363
(559) 897-5821
[email protected]
Programmatic Communications to Contractor shall be directed to:
California State University, Fresno
Dr. Samuel Lankford, Professor
5310 N. Campus Drive M/S PH103
Fresno, CA 93740
(559) 278-2624
[email protected]
Fiscal Communications to Contractor shall be directed to:
California State University, Fresno Foundation
Linda Christian, Associate Director, Post Award Administration 4910 N. Chestnut Avenue
Fresno, CA 93726
(559) 278-0852
(559) 278-0992 FAX
[email protected]
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 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 set forth above.
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.
ARTICLE III
TERM
The term of this Agreement “Term” shall be from February 5, 2025 through December 31, 2025.
ARTICLE IV
CHARGES, INVOICING, AND PAYMENT
The total amount to be paid by City of Kingsburg to the Contractor for performance of the Work shall be [or, if compensation is agreed by City of Kingsburg and Contractor to be Contractor’s costs plus indirect, use: shall not to exceed] $33,000.00 for the entire Term.. City shall pay for the Work performed by Contractor pursuant to the terms of this Agreement at the time and manner set forth in said Attachment B - Compensation which is attached hereto and made a part hereof and in accordance with the provisions of this Agreement.
ARTICLE V
INDEPENDENT CONTRACTOR STATUS
This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of employer, employee, partnership, agent, servant, or joint venture between the City of Kingsburg and the Contractor or any persons employed by or representing the City of Kingsburg or the Contractor including contractors or employees thereof.
The Contractor shall control the manner and means of accomplishing the performance of the Agreement.
ARTICLE VI
INDEMNIFICATION
Unless otherwise expressly set forth in this Agreement, each party shall indemnify, defend, and save harmless the other, and their various elected officials, directors, officers, agents, employees, boards, commissions, and departments, from and against any and all loss, damages, suits, claims (including actions by administrative agencies), penalties, costs, liabilities and expenses (including, but not limited to, a reasonable investigation, legal and paralegal expenses), that may arise out of this Agreement, any act or omission (whether negligent or intentional) to act of any party or the officers, employees, agents, representatives or contractors of a party, or the parties’ respective performance hereunder provided that any such loss, damages, suits, claims, penalties, costs, liabilities and/or expenses do not arise out of the intentional or negligent acts or omissions of the party to be indemnified or its various directors, officers, agents, employees, boards, commissions, and/or departments or contractors.
ARTICLE VII
MODIFICATIONS
The terms of this Agreement may be modified or amended only by a written instrument signed by both parties hereto.
ARTICLE VIII
DISPUTES
The parties may pursue their respective remedies at law or equity for any claim, controversy, or dispute relating to this Agreement. If litigation arises out of this Agreement for the performance thereof, then the court shall award costs and expenses, including attorney’s fees, to the prevailing party. In awarding reasonable attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and reasonable attorney’s fees paid or incurred in good faith.
ARTICLE IX
NON-ASSIGNMENT
Neither party shall assign, transfer, or further contract this Agreement, in whole or in part, without prior written approval of the other.
ARTICLE X
SEVERABILITY
If any of the provisions herein are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not effect any other provision, and this Agreement will be construed as valid, legal, and enforceable in all other respects.
ARTICLE XI
TERMINATION
Either party may terminate this Agreement for cause or without cause , and at no cost or penalty to the terminating party, upon thirty (30) days’ advance written notice to the other party. Upon early termination of this Agreement, Contractor shall refund that portion (if any) of prepaid compensation that represents Work not performed as of the date of termination, net of expenses and obligations incurred by Contractor as of the date of the termination. If funds were not advanced to Contractor, upon any termination, City of Kingsburg shall be responsible to reimburse Contractor for expenses incurred by Contractor as of the date of termination if any, after deduction by the City of the amount of damages incurred by City as a result of breach or default by Contractor of any provision of this Agreement.
ARTICLE XII
INSURANCE
Contractor shall procure and maintain, at Contractor’s own cost and expense and for the duration of this Agreement, insurance coverage as requested by the City of Kingsburg. Certificates of insurance shall be provided to the City of Kingsburg on the date of execution of this Agreement by the City of Kingsburg. The certificates of insurance shall name the City of Kingsburg as an additional insured under all insurance policies obtained by Contractor and shall require the insurer to provide the City of Kingsburg with ten (10) days prior written notice of any termination, modification or amendment to such insurance policies. Contractor’s insurer must waive all rights of subrogation against the City of Kingsburg.
ARTICLE XIII
OWNERSHIP OF CONTRACTOR’S WORK
City of Kingsburg shall be the owner of any and all computations, plans, correspondence and/or other pertinent data, information, documents and computer media, including disks and other materials gathered or prepared by Contractor in performance of this Agreement, or at any earlier or later time when the same may be requested by the City of Kingsburg. Such work product shall be transmitted to the City of Kingsburg within ten (10) days after a written request therefor. Contractor may retain copies of such products but shall not use the same for any purpose. All written documents shall be provided to City of Kingsburg in digital form.
ARTICLE XVI
RECORDS AND INSPECTIONS
Contractor shall maintain full and accurate records with respect to all Work and matters covered under this Agreement. The City of Kingsburg shall have free access at all reasonable times to such records, and the right to examine, copy and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities.
ARTICLE XVII
PERMITS AND LICENSES
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all permits, licenses, and certificates that may be required by law or otherwise in connection with the performance of any Work under this Agreement, including but not limited to, a City of Kingsburg business license.
ARTICLE XVIII
ENTIRE DOCUMENT
This Agreement represents the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the matters set forth herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows:
CONTRACTOR CITY OF KINGSBURG
California State University, Fresno Foundation City of Kingsurg 4910 N. Chestnut Avenue 1401 Draper Street
Fresno, CA 93726 Kingsburg, CA 93631
(559) 278-0850 (559) 897-5821
(559) 278-0992 FAX
By By
Joy J. Goto Alexander Henderson
Interim Dean of Research and Graduate Studies City Manager, City of Kingsburg Office of Research and Sponsored Programs
California State University, Fresno
Date Date
By
Deborah S. Adishian-Astone
Executive Director
Date
ATTACHMENT A
SCOPE OF WORK
ATTACHMENT B
COMPENSATION
Sustainable Park and Recreation Community Initiative (SPARCI) Fresno State
Work Program for the
City of Kingsburg Park and Recreation Master Plan
_______________________________________________________________________________________________________ City of Kingsburg Park & Recreation Master Plan 2024-2025 Date:
To:
Novemeber 19, 2024
Kingsburg Parks, Recreation and Community Services
1401 Draper Street
City of Kingsburg,
Kingsburg, CA 93630
From: Sam Lankford and Brandon Taylor
Department of Recreation Administration
5310 N. Campus Drive, M/S PH103
Fresno, CA 93740
Subject: Draft Work Program for the City of Kingsburg Park & Recreation Master Plan The following describes the methods and procedures proposed to develop the City of Kingsburg Park & Recreation Master Plan and includes a timeline and budget. Harnik (2003) in “The Excellent City Park System” describes the seven factors of city park excellence as identified by The Trust for Public Land (TPL):
• a clear expression of purpose,
• an ongoing planning and community involvement process, • sufficient assets in land, staffing, and equipment to meet the system’s goals, • equitable access,
• user satisfaction,
• safety from crime and physical hazards, and
• benefits for the city beyond the boundaries of the parks.
The ideal master plan should include an inventory of natural, recreational, historical, and cultural resources, a needs analysis, an analysis of connectivity and gaps, an analysis of the agency’s ability to carry out its mandate, an implementation strategy, and a description of other park and recreation provider’s roles.
GOAL OF THE PROJECT:
▪ Develop and implement a planning process for the completion of a comprehensive park and recreation master plan for the City of Kingsburg, California.
OBJECTIVES OF THE RESEARCH:
▪ Identify recreation service demands of Kingsburg
▪ Identify existing and potential recreation resources in Kingsburg ▪ Identify goals, objectives, and action steps for Kingsburg Parks, Recreation & Community Services
▪ Prioritize funding of improvements, acquisition, and collaboration with other recreation resource agencies
▪ Prioritize community issues and identify strategic actions to address these issues _______________________________________________________________________________________________________ City of Kingsburg Park & Recreation Master Plan 2024-2025 Task 1: Organize Project and Gain Approvals
A master plan steering committee will be formed to represent the stakeholders of Kingsburg. Fresno State planning and research teams will be organized. The attached planning process and timeline for the project will be developed and finalized. An initial meeting to discuss the project will be held with the steering committee. A comprehensive list of recreation, sport, cultural, historical, and natural resource stakeholder groups/organizations/associations will be developed.
Task 2: Community Wide Parks and Recreation Needs Assessment Survey drafts will be reviewed by the steering committee and finalized for distribution. Surveys will be distributed to randomly selected residents of Kingsburg through a city-generated mailing list. The surveys will be distributed by mail from the City of Kingsburg Parks, Recreation and Community Services. Up to three mailings will be used to generate at least a 50% response rate for the mail out survey. In addition, one page intercept surveys will be developed to be used at selected parks, facilities/programs and special events. Online surveys will be used to gain input from selected stakeholder groups, athletic leagues, etc. The key elements of this task include:
• Draft survey questions for the needs assessment and intercept surveys • Review and revise draft surveys with steering committee • Collect mailing list from City on mailing labels
• Select sites, days and time for the collection of intercept surveys • Prepare newspaper release of the survey effort and meetings • Meetings will be scheduled for nominal group work sessions with stakeholders to identify strengths and weaknesses of existing Parks and Recreation services Task 3: Analysis of Data.
The information collected in the previous task will be analyzed and evaluated. Students will enter survey data on the computer system (excel files), transfer data to the Statistical Package for the Social Sciences (SPSS), and generate printouts. This task will include:
• Input data from mail out survey.
• Follow-up data collection procedures if needed.
• Cleaning of data file and verification of accuracy.
• Analysis of findings from surveys and public meeting sessions • Development of draft data tables and graphics.
Task 4: Inventory of Existing & Potential Recreation, Historical, Cultural & Natural Resources Existing recreation, historic, cultural, and natural resource areas and facilities of the city will be identified and mapped. Potential recreation resource areas and opportunities will be identified. An analysis of the existing areas and facilities will be made in comparison to national standards and comparable cities in California. This task will include:
• Map existing resource areas and facilities
• Review land ownership patterns in city and growth patterns • Analyze past, current and projected population trends • Compare existing resource base with national standards _______________________________________________________________________________________________________ City of Kingsburg Park & Recreation Master Plan 2024-2025 • Meet with steering committee to review inventory and potential opportunities Task 5: Develop Goals, Objectives & Funding Priorities
Program and resource opportunities will be linked. Priorities will be identified based on demand and available funding. Goals, objectives and funding priorities will be reviewed. • Analyze program demand in relation to national recreational standards. • Identify potential funding sources
• Meet with steering committee to review and refine goals, objectives and funding priorities.
Task 6: Development of Draft Plan
Analysis of the survey data will identify resident preferences/needs. The inventory of existing and potential resources, analysis of existing policies and ideas generated during the community workshops will be outlined. Information will be compiled in table, graph, and matrix format for inclusion in the final document. A draft version of the findings will be prepared and distributed to the Steering Committee, Staff, Board and other stakeholders. The draft plan will be distributed to staff as specified by the Steering Committee. The purpose of this step is to provide those involved with the project an opportunity to raise questions regarding the plan, the recommendations, and to clarify issues.
Task 7: Final Master Plan
One copy of the final Park & Recreation Master Plan incorporating the changes recommended from Task 6, and an executive summary will be prepared. An unbound version will also be provided for the City of Kingsburg for future duplication. Recommended plan evaluation strategies will be included.
TIMELINE:
November-January January-March May-Novemeber
Task 1
Clarification/Organization
Stakeholder Meetings
Task 2
Survey development/data collection
Task 3
Data Analysis of Surveys/Meetings
Task 4
Inventory of Recreation Resources
Task 5
Goals, Objectives & Priorities for Action
Task 6
Development of Draft Plan
Task 7
Present Final Report
Critical Path for Developing the Park and Recreation Master Plan Kingsburg, California
Survey/ Assess
Assessment Stakeholders
Organize Approvals Survey Mail & Community Organize Draft Revise Final Development Intercept Meetings Findings Plan Draft Master Surveys Goals Presented Plan Presented
Analyze Objectives
Data from Assessments Priorities
Organize Approval of Staff Inventory Base Steering Review Plan Make Present Project Planning and Existing & Maps and Committee with staff, Changes Final Process Commission Potential Inventories Commission Plan And Approval Resources Census
Proposal Data
Sept – Dec 2024
Organization/Approval Phase
Jan-March 2025
Data Collection Phase
May-August 2025
Reporting Phase
3a 3b
aa
aa
1 2 3 5 6 6a
4a 4b
7 Proposed Budget
Task: Organization/Meetings
Personnel Costs Cost Fringe Subtotals
Faculty 2500 700 3200
Student Stipends 800 800
Travel 315 315
Total Organizational Costs 4315
Task: Resource Inventory For Master Plan
Personnel
Costs Cost Fringe Subtotals
Faculty 3078 862 3940
Student Stipends 1600 1600
Total Personnel Costs 5540
Inventory, on-site surveys, GIS and map preparation
Misc. Costs
Transportation 350
Per diem 50
Total Misc.
Costs 400
Total Cost for Inventory 5940
Task: Mailed Survey, Intercept Survey, Qualtrics, Meetings/Analysis Personnel Costs Cost Fringe Subtotals
Faculty 3500 980 4480
Student Stipends 2000 2000
Total Personnel Costs 6480
Includes Survey Development, Data Input and Analysis, Report Preparation Copying Costs Number Cost Costs
1st Mailed Survey 400 0.08 160
1st Mailed
Postcard 400 0.15 300
2nd Mailed
Survey 200 0.08 80
Intercept Surveys 250 0.08 20
Total Copying Costs 560
Mailing Costs Number Cost Subtotals
Mailing of 600 0.84 1000
_______________________________________________________________________________________________________ City of Kingsburg Park & Recreation Master Plan 2024-2025 Surveys
Postcards 400 0.44 175
Labels for Mailing 65 65
Incoming Metered Postage 250
Total Mailing Costs 1490
Misc. Costs
Transportation 200
Per Diem 50
Total Misc.
Costs 250
Total Costs for Surveys and Data Collection 8780
Task C. Development of Master Plan
Personnel Costs Cost Fringe Subtotals
Faculty 6250 780 7030
Student Stipends 1750 1750
Total Personnel Costs 8780
Copying Costs Subtotals
Plans, Maps 400
Total Copying Costs 400
Misc. Costs
Transportation 175 175
Per Diem 60 60
Total Misc.
Admin. Support
235
1550
Total Costs for Development of Master Plan Task 10965
Overhead Indirect Costs at
10.0% Total of Project 3000
Total Cost of Plan to City of Kingsburg 33000
*Sam Lankford Reserves the Right to Move Line-Item Amounts to Other Line Items As Needed Faculty Include Sam Lankford, Jill Lankford and Brandon Taylor
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: AJ O’Connell, MCP, CBO, CCEA – Building Official REVIEWED BY: AJH AGENDA ITEM: Q3 & Q4 Calendar Year 2024 Code Enforcement Update ACTION REQUESTED: ____Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
In Q3 and Q4 of the 2024 Calendar Year, the Code Enforcement division engaged in robust and extensive enforcement actions throughout the community. Attached are detailed analytics and analysis of Code Enforcement efforts during this time period.
A summary of the key data points is as follows:
• 418 separate cases were generated in Q3/Q4-24, which is a 9% increase in cases generated compared to Q3/Q4-23. August and October saw the highest numbers of cases generated in Q3/Q4-24. • Cases generated proactively by Code Enforcement staff represented 79% of the cases generated in Q3/Q4-
24. In Q3/Q4-23, this number was 56%. Proactively generated cases increased by nearly 54% year-over-year while Reactive cases saw a decrease of almost 50%. Utilization of the Report a Concern portal on the city website accounted for nearly 55% of the cases generated Reactively, with total usage of the portal decreasing by 25% from Q3/Q4-23.
• Water Usage Violations represented more than 1/4 of the cases generated in Q3/Q4-24, followed by General Property Maintenance issues and Alley Maintenance. In Q3/Q4-23, General Property Maintenance represented the highest ratio of cases generated. The largest percentage increases in violations from Q3/Q4- 23 to Q3/Q4-24 were ADA Compliance issues and Water Use Violations. • Of the 338 cases generated in Q3/Q4-24, 95% have already been resolved. Of the Q3/Q4-24 cases generated, Code Enforcement staff has conducted 764 inspections.
• Code Enforcement staff conducted a total of 884 inspections in Q3/Q4-24. This represents a 12% decrease compared to Q3/Q4-23. August 2024 was the busiest month for inspections with 162 performed. • Of the 884 inspections performed in Q3/Q4-24, the Fail rate was 59%. The Fail rate in Q3/Q4-23 was 60%. • 362 Courtesy Notices were issued for code violations in Q3/Q4-24. A total of 337 were issued in Q3/Q4-23. • 7 Administrative Citations were issued in Q3/Q4-24 with a total assessed value of $5,525. The Code Enforcement division collected $0 of assessments, which represented a recovery rate of 0%. This is a decrease in collection from Q3/Q4-23. The absence of collection is a result of Code Enforcement using Administrative Citations more frequently as a tool to gain compliance for repeat offenders and working with individual property owners to gain compliance rather than actively seeking to collect. • The Code Enforcement division imposed $5,954.98 in assement liens on deficient properties. • In November 2024, Code Enforcement staff, in conjunction with members of the Kingsburg Police Department and Kingsburg Fire Department, led the execution of an Inspection Warrant on a non-compliant residential property within the City. The results of the Inspection Warrant led to the issuance of a Notice of Violation for more than a dozen property maintenance, building, fire, and zoning code violations.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends the Mayor and City Council receive and file the Q3 and Q4 Calendar Year 2024 Code Enforcement Update.
Meeting Date: 02/05/2025
Agenda Item: 13
POLICY ALTERNATIVE(S)
1. None.
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Community Engagement
FINANCIAL INFORMATION
There is no immediate financial impact or budget action necessary as a result of the recommended action.
ATTACHED INFORMATION
1. Property Compliance Elements
2. Code Enforcement Visual Data
3. Examples
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
Needs Assessment
Council/Management Policy – Strategic Planning
Prevention Intervention Resolution
Property Maintenance
Code Adoption
Community Notified
On-going Public
Education
Rules Followed
Compliance
Violation
Customer Service
Request (CSR)
Pro-Active
Enforcement
Inspector
Verified
Violation
Recorded
Notification
Posting, Mail,
Etc.
Follow-Up
Inspections
Violation
Addressed
Compliance
Administrative
Citations
Civil and/or
Criminal
Proceedings
Abatement
Reporting and Information Management
Personnel and Resource Management
CASES OPENED BY SOURCE
2023 2024 %∆ YR
PROACTIVE 207 322 56%
GOVALERT 7 8 14%
WEB FORM 64 48 -25%
WALK IN 11 6 -45%
ADMIN/COUNCIL 19 7 -63%
PHONE CALL 67 20 -70%
EMAIL 6 7 17%
MAIL 3 0 -100%
TOTAL 384 418 9%
60 89
51 69
63 52
79 93
62 88
52 44
0 10
20 30
40 50
60 70
80 90
100
JUL AUG SEP OCT NOV DEC
Cases Generated Overall
2023 2024
56%
44%
Q3/Q4-23 SOURCES
PROACTIVE REACTIVE
79%
21%
Q3/Q4-24 SOURCES
PROACTIVE REACTIVE
CASE DISPOSITIONS
2023 2024
JUL AUG SEP OCT NOV DEC TOTAL JUL AUG SEP OCT NOV DEC TOTAL COURTESY 52 75 46 60 58 46 337 66 82 56 77 47 34 362
NOV 2 4 3 0 2 1 12 3 4 2 2 1 1 13
CITATION 1 2 0 5 2 4 14 3 0 2 5 3 7 20
NO ISSUE 4 4 0 2 1 1 12 4 4 0 3 1 1 13
DUPLICATE 1 3 0 0 0 0 4 3 1 0 0 0 0 4
RESOLVED 0 1 2 2 0 0 5 0 2 2 1 0 1 6
66 82
56 77
47 34
3 4
2 2 1 1
3 0
2 5
3 7
4 4
0 3
1 1
3 1 0 0 0 0 0
2 2 1 0 1
JUL AUG SEP OCT NOV DEC
Case Dispositions Q3-Q4 '24
COURTESY NOV CITATION NO ISSUE DUPLICATE RESOLVED
CASES BY TYPE
2023 2024 %∆ YR % TOTAL 23 % TOTAL 24
VACANT 1 0 -100% 0% 0%
AVA 38 30 -21% 10% 7%
ADA 1 12 1100% 0% 3%
ALLEY 33 68 106% 9% 16%
ANIMAL 0 4 #NULL 0% 1%
BLDG 6 6 0% 2% 1%
SWN 9 4 -56% 2% 1%
DEBRIS 70 25 -64% 18% 6%
DWTN 0 0 #NULL 0% 0%
EXTERIOR 6 1 -83% 2% 0%
FLOOD 6 2 -67% 2% 0%
TREES 0 0 #NULL 0% 0%
FOOD 1 1 0% 0% 0%
GRAFFITI 23 2 -91% 6% 0%
SIGNS 9 6 -33% 2% 1%
INSECT 6 0 -100% 2% 0%
MOSQ 0 0 #NULL 0% 0%
NOISE 1 0 -100% 0% 0%
OTHER 15 18 20% 4% 4%
PARKING 33 26 -21% 9% 6%
PROP 100 74 -26% 26% 18%
SEWAGE 0 0 #DULL 0% 0%
SIDEWALK 0 0 #NULL 0% 0%
CARPORT 8 16 100% 2% 4%
TENANT 0 0 #NULL 0% 0%
RV 4 1 -75% 1% 0%
TRASH 9 1 -89% 2% 0%
UNSAFE 3 5 67% 1% 1%
WATER 0 114 #NULL 0% 27%
WEEDS 0 0 #NULL 0% 0%
ZONING 3 2 -33% 1% 0%
CASES GENERATED Q3/Q4-2024
Before – Code Enforcement and Building Division Staff responded to a Citizen Request for this structure being utilized as a residence. The Building Division immediately deemed the structure Unsafe to Occupy, the resident of the structure was given information for resources for new housing, and the property owner was cited for the structure.
After – The structure was demolished by the property owner and the space was returned to its original state.
Before – Fence in dilapidated and structurally unsound state facing the alley.
After – The property owner completely rebuilt the alley fence with a compliant structure.
From: Steve Safarjian
To: Alexander Henderson
Cc: Abigail Palsgaard; Staci Smith
Subject: City council meeting - February 5, 2025
Date: Tuesday, January 21, 2025 11:14:01 AM
Please note - I am not sure how to get placed/selected/assigned on the agenda for the meeting above. Please refer to my request below and advise......Thanks I would be representing the Swedish Festival Committee.
As the Swedish Festival Committee has been tasked with becoming more financially independent for the entire Swedish Festival - I have been given the opportunity to look for sponsors for this event. Last year was my first attempt at getting sponsors. Being somewhat successful, the 'job' was given to me again this year.
I would like to come before the Council to ask for their support. In reading the City of Kingsburg 2024-2029 Strategic Plan, I would like to refer to the Vision Statement: 'In Kingsburg, we take pride in our uniqueness, rooted in a rich heritage that shapes our identity.
Together, we celebrate the past, engage the present, and build a future full of possibilities.' I personally believe in that statement and have attempted to collaborate in keeping that vision alive.
I would like the Kingsburg City Council to consider being the sponsor of the Swedish Cultural Village. The Swedish Cultural Village (outside of the Swedish pancakes, of course) is the heartbeat of the festival. It encompasses several elements of your/our vision statement. Your $5,000 contribution will be well documented at the festival, makes a statement, and will show a visual continuing support of the partnership that fosters community collaboration.
Thank you for your service to our community and for your consideration in this request. Steve --
Steve Safarjian
Broker/OwnerRPS Real Estate
Cell - 559.977.8120 Office - 559.897.1777
Email:[email protected]
Visit the RPS website at: SteveSafarjian.com
Do not make a move without us!
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