AGENDA
KINGSBURG CITY COUNCIL REGULAR MEETING
WEDNESDAY, May 7, 2025 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, Mayor
Vince Palomar, Mayor Pro Tem Staci Smith, Council Member Laura North, Council Member David M. Silva, Council Member Kingsburg City Council Agenda
May 7, 2025
Invocation to be given by Pastor John Dostal, The Kingsburg Concordia Lutheran Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell.
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:
Introduction of the 2025 Swedish Queen and Court:
2025 Queen: Samaris “Olivia” Odom
2025 Attendants: Alison Rogers; Kaylee Reich and Charlotte Houseweart C.E.R.T. Volunteers Oath of Office:
Beatrice Camarillo; Fidel Camarillo; Donn Case; Daniel Huerta; Emmanuel Huerta; James Huerta Jr; Araceli Vasquez; Elijah Vasquez; Jasmine Vasquez and David Tardiff 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 THREE (3) 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 April 16, 2025, 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 April 8, 2025, through April 28, 2025, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Approve the Partial Acceptance of Tract 6421- Staff Report by City Engineer Dave Peters Sponsor: City Engineer’s Office
4. Approve the Tract 6421 Reimbursement Agreement (18th Ave. Improvements) - Staff Report by City Engineer Dave Peters
Sponsor: City Engineer’s Office
Kingsburg City Council Agenda
May 7, 2025
5. Receive and File the May 2025 - Building and Safety Month Proclamation. - Staff Report by Building Official AJ O’Connell
Sponsor: Community Development Department
REGULAR CALENDAR
6. Consideration of Memorandum of Understanding (MOU) with County of Fresno, Ordinance Relating to Infectious Material - Staff Report by Building Official AJ O’Connell Sponsor: Community Development Department
Action As Deemed Necessary
7. Independence Day Celebration Discussion - Staff Report by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Action As Deemed Necessary
8. Kingsburg Business Park Highway Commercial Sign Lease Agreements- Staff Report by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Action As Deemed Necessary
FUTURE AGENDA ITEMS
Council requests for future agenda items. Items require a consensus.
CITY MANAGER’S REPORT
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
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 2nd day of May 2025.
____________________________________
Abigail Palsgaard, City Clerk
Kingsburg City Council
Regular Meeting Minutes
April 16, 2025
Invocation was given by Council Member Laura North followed by the Pledge of Allegiance led by Mayor Brandon Pursell.
CALL TO ORDER AND ROLL CALL: Mayor Pursell called the regular meeting of the Kingsburg City Council to order at 6:00pm.
COUNCIL MEMBERS PRESENT: David Silva, Laura North, Staci Smith, and Mayor Pursell.
COUNCIL MEMBERS ABSENT: Vince Palomar.
APPROVE AGENDA: A motion was made by Council Member Silva, seconded by Council Member North, to amend the agenda, by adding an item to the Presentations and Informational Reports. The motion carried by a unanimous voice vote of those members present.
PRESENTATIONS AND INFORMATIONAL REPORTS:
Swearing in of Police Officer Christian Jimenez.
Sponsor: Police Department
Update to Train Depot
Sponsor: Kingsburg Historic Train Depot
PUBLIC COMMENT: None.
CONSENT CALENDAR: A motion was made by Council Member Smith, seconded by Council Member Silva, to approve the items appearing on the Consent Calendar. The motion carried by a unanimous voice vote of those members present.
1. Approval of City Council Minutes: Approve the minutes from the April 2, 2025, 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 March 25, 2025, through April 7, 2025, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Receive and file the annual report on military equipment use pursuant to Policy 706 and confirm continued compliance with California Government Code sections 7070 to 7072. - Staff Report by Police Chief Neil Dadian.
Sponsor: Police Department
4. Adopt Resolution 2025-024 approving the surplus of the Fire Department vehicles 2001 Chevy Tahoe and 2001 Freightliner Ambulance; and approve the sale of the 2001 Chevy Tahoe to Huntington Lake Volunteer Fire Department and 2001 Freightliner Ambulance to Hume Lake Fire & Rescue - Staff Report by Fire Chief Rodnie Roberts.
Kingsburg City Council Minutes
March 19, 2025
Sponsor: Fire Department
5. Adopt Resolution 2025-025 a resolution of the City Council of the City of Kingsburg submitting a claim for transportation development act (TDA) funds continuing from the 2024-2025 fiscal year, thereby coinciding with the Fresno Council of Governments policy board approval of TDA funds apportionment and TDA claims process. - Staff Report by Finance Director Alma Colado
Sponsor: Finance Department
REGULAR CALENDAR
Financial Statements for the Year Ended June 30, 2024 – Consider Statements as prepared by Price Paige & Company - Staff Report by Finance Director Alma Colado Sponsor: Finance Department
Finance Director Alma Colado presented her executive summary, informing the council members that the City of Kingsburg’s Financial Statements for the Fiscal Year ending June 30, 2024, have been audited by an independent accounting firm. An Unqualified Opinion has been issued, indicating that the financial statements present a fair and accurate view of the City’s financial position.
She introduced Anthony Gonzales from Price Paige & Company to present the audited financial statements for the fiscal year ending June 30, 2024.
There were no council discussions nor public comments.
A motion was made by Council Member North, seconded by Council Member Silva, to accept the financial statement report. The motion carried by a unanimous voice vote of those members present.
Crime Statistics Report for January-March 2025 and General Police Department Update – Report by Kingsburg Police Department Records Supervisor Corina Padilla.
Informational – No Action Necessary
Police Chief Neil Dadian presented the crime report for January through March 2025 to the council members. He also gave an update about the Police Department.
FUTURE AGENDA ITEMS: None.
CITY MANAGER’S REPORT
City Manager Alex Henderson reminded the council members that there will be a General Plan Workshop with the Planning Commission on Thursday, May 8th at 6pm.
The Golden State Blvd Phase 2 project is set to start on April 28th. He also thanked Community Service Director Adam Castaneda and the Public Works Department for the success of the Dog Park Opening.
Kingsburg City Council Minutes
March 19, 2025
COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Council Member North reported that the BID’s next meeting will take place May 6th. The Chamber met, where they voted for new board members. They didn’t meet the percentage to hold elections, but did reorganize their roles. They discussed the car show, but the primary focus was the contract with the City. The Chamber voted to no longer host the 3rd of July firework show as it doesn’t fall within their purpose. After discussions with staff, the chamber contract will come before Council.
Council Member North gave kudos to the Community Services Commission for their hard work on the Dog Park; it was a successful opening. The Kingsburg Police Department, the Kingsburg Elementary School District, the Knights of Columbus, and the Health Care District held the event Cookout with a Cop. May 10th is ‘You Matter Day’.
Council Member Smith reported that the Finance Committees next meeting is April 28th. The Community Service Commission’s next meeting is April 23rd. The Swedish Festival is coming up and she discussed the weekends event schedule details. She noted the Hospital District donated to the event; the money was used to purchase two Swedish bicycles for a raffle.
Council Member Silva reported the Kingsburg Car Show Committee met tonight at 6. They have 30th anniversary shirts available to purchase. They are still looking for volunteers. He discussed potential grants for the Kingsburg Health Care District. The San Joaquin Valley Air Pollution Control is meeting April 29th.
Mayor Pursell reported that COG and FCRGA have not met, nothing to report. He appreciated those who came out to the Dog Park event. He had an interview with channel 24 and 47 discussing upcoming events.
Mayor Pursell adjourned the Regular Kingsburg City Council Meeting at 6:59 PM.
Submitted by:
____________________________________
Karyl Bartel, Community Development Administrative Assistant Accounts Payable
User:
Printed:
marshaa
4/28/2025 8:50 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 04/11/2025
Colado 3/28/25 Government Finance Officers Assoc. Cert of Achievement 460.00 Colado 3/28/25 Staples-Finance Supplies 15.10
Colado 3/28/25 Staples-Finance Supplies 15.09
Cstnda 3/28/25 Amazon-Shrimp Boil Expense; Senior Inc. Reimb 37.98 Cstnda 3/28/25 Smart & Final-Senior Lunch Program 117.31 Cstnda 3/28/25 3 J's- Comm Services Vehicle Fuel 30.32
Cstnda 3/28/25 Corsaros Senior Luncheon- Kitchen Closed Inspection 161.67 Cstnda 3/28/25 Amazon-Senior Meals Supplies 40.18
Cstnda 3/28/25 Amazon-Shrimp Boil Expense; Senior Inc. Reimb 21.78 Cstnda 3/28/25 TNR Trap Order Sept 2024 1,490.51
Cstnda 3/28/25 Amazon-Shrimp Boil Expense; Senior Inc. Reimb 19.88 Cstnda 3/28/25 Poster My Wall Subscription 99.95
Cstnda 3/28/25 Central Valley Overhead Door-Pool Garage Door Repair 95.00 Cstnda 3/28/25 Amazon-Shrimp Boil Expense Reimbursement 10.77 Cstnda 3/28/25 Sam's Club- Senior Meal Lunch Program 147.29 Cstnda 3/28/25 Amazon-Shrimp Boil Expense Reimbursement 128.54 Galvez 3/28/25 Car Wash PW #652 9.99
Galvez 3/28/25 Lequin-Backflow tester exam 215.00
Galvez 3/28/25 Google TV 82.99
Galvez 3/28/25 Storm Drain Inspection-Selma Video 75.51 Galvez 3/28/25 Boyd-Cross Connection Exam 270.00
Hndrson 3/28/25 Subway: Lunch Parlier CM Panel 14.21
Hrnandz 3/28/25 Taco Shop-Burritos for Captains Mtg 67.92 Hrnandz 3/28/25 Bookeo-subscription for CPR Classes 39.95 Osborne 3/28/25 Chick Fil A- New E141 inspection-lunch 16.87 Osborne 3/28/25 High Flying Foods/New E141 inspection-lunch 68.95 Owen 3/28/25 Amazon-Janitorial Supplies 39.09
Owen 3/28/25 Amazon-Janitorial Supplies 51.60
Plsgrd 3/28/25 Grocery Outlet-Subsistence for Council 34.88 Plsgrd 3/28/25 Dollar Tree-Subsistence for Council 47.46 Plsgrd 3/28/25 Arco-gas for admin car 55.72
Plszj 3/28/2025 Save Mart-Refreshments & Supplies (FMCPCA Luncheon) 75.11 Plszj 3/28/2025 The Briefing Room Training Software 241.02 Plszj 3/28/2025 Town & Country Hotel- Ruiz (WLLE) 736.57 Plszj 3/28/2025 Smokehouse Bar & Grill (FMCPCA Luncheon) 1,416.68 Plszj 3/28/2025 Boy Scouts-Explorer Membership (Esquibel, DeArcos) 190.00 Plszj 3/28/2025 Pitney Bowes (March 2025) 202.47
Plszj 3/28/2025 Town & Country Hotel- Colegio (WLLE) 736.57 Plszj 3/28/2025 Save Mart- Cookies (FMCPCA Luncheon) 19.99 Plszj 3/28/2025 Boy Scouts of America-Explorer Membership (Vaz) 95.00 Plszj 3/28/2025 Grocery Outlet-Beverages (FMCPCA Luncheon) 73.19 Plszj 3/28/2025 WLLE 2025 (Colegio, Ruiz) 1,150.00
Plszj 3/28/2025 The Police & Sheriffs Press ID cards (Lamborn, Salinas) 32.70 Plszj 3/28/2025 CPOA Department Membership 425.00
Plszj 3/28/2025 Recoynx- March 2025 21.80
Plszj 3/28/2025 The Police & Sheriffs Press ID Cards (Underwood) 16.35 Plszj 3/28/2025 Promotions Now-School Safety Awareness Swag 662.00 Salinas 3/28/25 Lead Devil-Tactical belt combo (Bustillos) 338.66 AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Stphns 3/28/25 Utility Tac Vest 325.44
Stphns 3/28/25 USPS Shipping Fee, Utility Vest install 25.26 Stphns 3/28/25 Galls Explorer Uniform Belts (9) Gear Duty Rigs (9) 1,096.12 Stphns 3/28/25 Thumb Release Holster (9) 189.72
Stphns 3/28/25 Amazon Streamlight 75429 lumen flashlight 116.59 Stphns 3/28/25 CPOA Annual Membership 150.00
Total for this ACH Check for Vendor 4789: 12,317.75
87399 3006 AIRGAS NCN 04/11/2025
5515667769 O2 Cylinder Rentals 1,311.54
9159569892 Oxygen 250.36
9159807819 Oxygen 275.70
Total for Check Number 87399: 1,837.60
87400 3007 ALERT-O-LITE, INC. 04/11/2025
0174975-IN PVC Safety Flag-Downtown 23.79
Total for Check Number 87400: 23.79
87401 4532 ALTA LANGUAGE SERVICES, INC 04/11/2025
IS749293 ALTA Testing- Ciera Ortiz 69.00
Total for Check Number 87401: 69.00
87402 3565 AMAZON CAPITAL SERVICES 04/11/2025
1D3Q-D6YY-7RHG CERT office supplies/grant 602.60
1HVP-DNMQ-4F97 Pine Sol 55.54
1P6H-LC33-19FD Dept Cleaning supplies 146.05
1PPM-H97D-71KF Supplies/safe box for amb meds 375.97
1QGQ-MRY9-DJWD Office Supplies 163.65
1XG7-RRQP-6JNR Cards/brush 36.94
Total for Check Number 87402: 1,380.75
87403 4545 AMAZON.COM SALES, INC. 04/11/2025
1D7W-KG6D-C7LR Heater (Detectives) 25.04
1RVM-C3CD-4VT1 HP Officejet Pro 8715 Printer and ink cartridges Heater (Detect) 661.37 1V6N-C76G-LK49 Surfire Tactical flashlight w/holster & Peerless Handcuff 179.25 Total for Check Number 87403: 865.66
87404 3891 AMERICAN BUSINESS MACHINES 04/11/2025
798785 Toner-Yellow 7.50
798785 Toner-Yellow 7.50
Total for Check Number 87404: 15.00
87405 3029 AT&T CALNET 3 04/11/2025
000023280404 MN Phone SVC charges 3/2/25-4/1/25 Acct. 559-897-8942 30.62 000023280404 MN Phone SVC charges 3/2/25-4/1/25 Acct. 559-897-6561 40.52 000023280404 MN Phone SVC charges 3/2/25-4/1/25 Acct. 559-897-2265 42.59 Total for Check Number 87405: 113.73
87406 4875 BOUND TREE MEDICAL LLC 04/11/2025
Medical Supplies 235.62
Total for Check Number 87406: 235.62
87407 3054 BSK ASSOCIATES 04/11/2025
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
AI08859 Well Treatment BACT 119.12
AI09231 Well Treatment TCP Well #12 & #13 273.76
AI09326 Well Treatment TCP Well #10 270.76
Total for Check Number 87407: 663.64
87408 4429 CANON FINANCIAL SERVICES, INC 04/11/2025
39558559 CL Maint Overage 1/1/25-1/31/25 144.11
39558559 CL Maint Overage 2/1/25-2/28/25 156.20
Total for Check Number 87408: 300.31
87409 3991 JOSH CAREY 04/11/2025
CareySL13 Per Diem-Supervisory Leadership Inst 5/18-5/21 (POST Plan IV) 301.00 Total for Check Number 87409: 301.00
87410 3069 CASCADE FIRE EQUIPMENT 04/11/2025
17044 Nomex Uniform Coat/Pants- stock/wildland 818.89
Total for Check Number 87410: 818.89
87411 3831 ADAM CASTANEDA 04/11/2025
April 2025 Reimb for monthly cell phone April 2025 75.00 Total for Check Number 87411: 75.00
87412 5077 STEPHANIE CHAVEZ 04/11/2025
April24 Per Diem-Firearms/Tactical Rifle (POST Plan IV) 4/24-4/25/25 44.00 Total for Check Number 87412: 44.00
87413 3918 CINTAS 04/11/2025
March 2025 Uniforms- MN Public Works 3/1/25-3/31/25 682.15 March 2025 Uniforms- MN Public Works 3/1/25-3/31/25 127.99 March 2025 Uniforms- MN Public Works 3/1/25-3/31/25 154.85 March 2025 Uniforms- MN Public Works 3/1/25-3/31/25 198.02 March 2025 Uniforms- MN Public Works 3/1/25-3/31/25 1,020.69 Total for Check Number 87413: 2,183.70
87414 3822 ALMA COLADO 04/11/2025
April 2025 Reimb for monthly cell phone April 2025 75.00 Total for Check Number 87414: 75.00
87415 3119 COOK'S COMMUNICATIONS CORP. 04/11/2025
160008 Shop Repair-spotlight handle & lighting Unit 1624 790.34 160269 FPI 2024 Patrol Upfit (Unit 2417) 29,328.88
Total for Check Number 87415: 30,119.22
87416 3137 NEIL DADIAN 04/11/2025
Summit0424 Per Diem-Visionary Leadership Summit 4/24/25 129.50 Total for Check Number 87416: 129.50
87417 3148 DON BERRY CONSTRUCTION INC 04/11/2025
Pymt #5 Retention Laurel Street Dog Park 01/09/2024-02/28/2025 -4,914.45 Pymt #5 Laurel Street Dog Park 01/09/2024-02/28/2025 98,289.00 Total for Check Number 87417: 93,374.55
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
87418 3750 EAGLE ENGRAVING, INC. 04/11/2025
2025-2380 Badge-Chief Roberts 197.95
Total for Check Number 87418: 197.95
87419 4645 ELITE UNIFORMS 04/11/2025
JJ2W 1789 Work Uniform (pants, shirt, belt, jacket) DJ Bustamante 401.94 Total for Check Number 87419: 401.94
87420 4615 EMERALD TEXTILES SERVICES 04/11/2025
EFRE-00238808 Linens, Mats 3/23/25-3/31/25 257.03
Total for Check Number 87420: 257.03
87421 4072 FAHRNEY FORD SALES 04/11/2025
45729 Part for F250 118.33
Total for Check Number 87421: 118.33
87422 5089 MARY FAST 04/11/2025
6072 Citation 6072-Violation Dismissed 35.00
Total for Check Number 87422: 35.00
87423 5005 FIRESTATS, LLC. 04/11/2025
2025-137 Maintenance & Operations of data analysis Feb. 25 350.00 2025-137 Maintenance & Operations of data analysis March 2025 350.00 Total for Check Number 87423: 700.00
87424 4609 FIVE CREATIVE GROUP 04/11/2025
35185 Quarterly Website maintenance 300.00
Total for Check Number 87424: 300.00
87425 3179 LEE FORLINES 04/11/2025
SL17 Per Diem- SLI 7 May 5-7, 2025 (POST Plan IV) 301.00 Total for Check Number 87425: 301.00
87426 3186 FRESNO COUNTY CLERK 04/11/2025
053 Off Ballot Election Services, Nov. 2024 Dist No. 3 430.45 054 Off Ballot Election Services, Nov. 2024 Dist No.2 430.45 Total for Check Number 87426: 860.90
87427 3188 FRESNO COUNTY SHERIFF 04/11/2025
SO22561 RMS/JMS Access Fees April 152.16
SO22561 Dispatch Contract Services April 19,280.42
Total for Check Number 87427: 19,432.58
87428 5001 G&H DIESEL SERVICE, INC. 04/11/2025
49721 Check Front end A502, BIT inspection, full service, check oil 4,872.31 Total for Check Number 87428: 4,872.31
87429 3721 DEREK GAGNON 04/11/2025
IA0428 Per Diem-IA Investigator Course 4/28-4/30/25 (POST Plan IV) 69.00 Total for Check Number 87429: 69.00
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
87430 3211 GRAINGER 04/11/2025
9454396988 Gloves-Chemical-Battery Back up 251.20
Total for Check Number 87430: 251.20
87431 4753 HAAS ALERT INC. 04/11/2025
28224 Early termination fee of 25% of $6,980- remainder of contract 1,745.00 Total for Check Number 87431: 1,745.00
87432 3219 HEALTHWISE SERVICES 04/11/2025
200136 Manifest #1670508 Marion St. x 1 can 3/21/25 173.75 Total for Check Number 87432: 173.75
87433 3221 ALEX HENDERSON 04/11/2025
04/07/2025 Cal Cities Leadership Summit 2025 Conf Per Diem 4/22/25 -4/25/25 301.00 Total for Check Number 87433: 301.00
87434 3222 HENRY SCHEIN, INC. 04/11/2025
38770377 Medical Supplies 180.67
38770377 Medical Supplies 14.68
Total for Check Number 87434: 195.35
87435 5102 HOLLOWAY CONSTRUCTION INC. 04/11/2025
04/04/2025 Hydrant Meter Deposit Refund after calculations 1,971.49 Total for Check Number 87435: 1,971.49
87436 3999 IRON MOUNTAIN 04/11/2025
KHCZ007 Paper Recycling 17.51
KHCZ007 Offsite Shred 86.66
KHCZ007 Shred Admin Fee 16.95
Total for Check Number 87436: 121.12
87437 3860 JAS PACIFIC 04/11/2025
PC7403 Plan Check Services 02/01/25-02/28/25 1,732.50
Total for Check Number 87437: 1,732.50
87438 5090 SUSSAN SALLY JOHNSON 04/11/2025
6684 Citation 6684- Violation Dismissed 25.00
Total for Check Number 87438: 25.00
87439 3329 JOLENE POLYACK MARKETING 04/11/2025
3275 Econ Dev. March 2025 3,300.00
Total for Check Number 87439: 3,300.00
87440 5101 STEVEN R. JONES 04/11/2025
04/04/2025 Refund BID dues 2021,2022,2023,2024 not within BID zone. 505.00 Total for Check Number 87440: 505.00
87441 3245 J'S COMMUNICATIONS, INC. 04/11/2025
71259 Service Agreement 4/1/25-6/30/25 270.00
Total for Check Number 87441: 270.00
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
87442 3248 KAHN, SOARES & CONWAY, LLP 04/11/2025
21148 Prof Services-Subpeona File 175.00
22172 Prof Services-Subpeona File 247.50
22925 Prof Services-General Retainer March 2025 6,375.00 22925 Prof Services-General Retainer March 2025 600.00
22925 Prof Services-General Retainer March 2025 525.00
22926 Prof Services-Owens Abatement/Business General 2,159.45 22927 Prof Services-David/Diane Abatement 577.50
Total for Check Number 87442: 10,659.45
87443 3686 KINGSBURG AUTO CARE 04/11/2025
18941 A/C Service, Sensor & Battery on PW #740 585.25
Total for Check Number 87443: 585.25
87444 3253 KINGSBURG CHAMBER OF COMMERCE04/11/2025
April 2025 Monthly Budget Allowance April 2025 2,500.00 Total for Check Number 87444: 2,500.00
87445 3254 KINGSBURG CHEVRON 04/11/2025
Mar2025 SRO KES (2 x $5) 10.00
Mar2025 ACT (Gomez) (2 x $5) 10.00
Mar2025 Measure E Car Washes (6 x $5) 30.00
Mar2025 GF Car Washes (20 X $5) 100.00
Total for Check Number 87445: 150.00
87446 3625 KINGSBURG MEDIA FOUNDATION 04/11/2025
CWM12350 Service Agreement April 2025 115.00
CWM12350 Service Agreement April 2025 325.00
CWM12350 Service Agreement April 2025 663.16
CWM12350 Service Agreement April 2025 94.09
CWM12350 Service Agreement April 2025 298.10
CWM12350 Service Agreement April 2025 1,186.46
CWM12350 Service Agreement April 2025 13.91
CWM12350 Service Agreement April 2025 520.33
CWM12350 Service Agreement April 2025 115.00
CWM12350 Service Agreement April 2025 270.08
CWM12350 Service Agreement April 2025 400.00
CWM12350 Service Agreement April 2025 115.00
CWM12350 Service Agreement April 2025 75.00
CWM12350 Service Agreement April 2025 519.76
CWM12350 Service Agreement April 2025 165.79
CWM12350 Service Agreement April 2025 69.55
CWM12350 Service Agreement April 2025 147.20
CWM12350 Service Agreement April 2025 208.33
CWM12350 Service Agreement April 2025 27.41
CWM12350 Service Agreement April 2025 70.83
CWM12362 Phones April 2025 17.00
CWM12362 Phones April 2025 125.94
CWM12362 Phones April 2025 29.06
CWM12362 Phones April 2025 324.53
CWM12362 Phones April 2025 120.83
CWM12362 Phones April 2025 60.00
CWM12362 Phones April 2025 62.08
CWM12362 Phones April 2025 153.59
CWM12362 Phones April 2025 3.40
CWM12362 Phones April 2025 114.81
CWM12362 Phones April 2025 19.37
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CWM12362 Phones April 2025 48.50
CWM12362 Phones April 2025 240.00
CWM12362 Phones April 2025 181.69
CWM12362 Phones April 2025 48.50
CWM12362 Phones April 2025 112.50
CWM12362 Phones April 2025 23.00
CWM12362 Phones April 2025 48.50
CWM12362 Phones April 2025 6.70
CWM12363 Internet April 2025 67.95
CWM12363 Internet April 2025 117.57
CWM12363 Internet April 2025 19.80
CWM12363 Internet April 2025 20.00
CWM12363 Internet April 2025 162.50
CWM12363 Internet April 2025 20.00
CWM12363 Internet April 2025 76.56
CWM12363 Internet April 2025 50.75
CWM12363 Internet April 2025 213.83
CWM12363 Internet April 2025 189.47
CWM12363 Internet April 2025 37.50
CWM12363 Internet April 2025 10.05
CWM12363 Internet April 2025 25.60
CWM12363 Internet April 2025 279.17
CWM12363 Internet April 2025 47.35
CWM12363 Internet April 2025 50.23
CWM12363 Internet April 2025 16.67
CWM12363 Internet April 2025 20.00
CWM12364 Email April 2025 9.81
CWM12364 Email April 2025 17.25
CWM12364 Email April 2025 32.35
CWM12364 Email April 2025 193.96
CWM12364 Email April 2025 0.42
CWM12364 Email April 2025 6.98
CWM12364 Email April 2025 86.67
CWM12364 Email April 2025 145.33
CWM12364 Email April 2025 33.66
CWM12364 Email April 2025 89.00
CWM12364 Email April 2025 56.83
CWM12364 Email April 2025 74.75
CWM12364 Email April 2025 4.98
CWM12364 Email April 2025 44.40
CWM12364 Email April 2025 103.52
CWM12364 Email April 2025 346.74
CWM12364 Email April 2025 76.67
CWM12364 Email April 2025 44.40
CWM12364 Email April 2025 24.88
CWM12364 Email April 2025 44.40
Total for Check Number 87446: 10,002.00
87447 3525 Kingsburg Police KPOA 04/11/2025
Explorer Explorer Shirt form Tactical Gear.com 58.03
Explorer Print Theory Shirt Monogram (Inv #9339) 267.00 Explorer Explorer Fund Raiser (Nothing Bundt Cakes) 546.00 Explorer Explorer Shirts from 5-11 Tactical 305.13
Explorer Explorer Fund Raiser (Nothing Bundt Cakes) 700.00 Total for Check Number 87447: 1,876.16
87448 3267 KULOW BROS. 04/11/2025
8937 Kingsburg Envelopes- 5,000 count w window 539.07
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
8939 Business Cards-Stephanie Bennett 67.57
8950 BID Badges Invoice 55.22
Total for Check Number 87448: 661.86
87449 3277 LINCOLN AQUATICS 04/11/2025
Q2030436 Pool Chlorine 3/21/25 1,444.41
Total for Check Number 87449: 1,444.41
87450 5100 MES SERVICE COMPANY LLC 04/11/2025
2235757 Responder Parka Jacket-Chief Roberts 204.41
Total for Check Number 87450: 204.41
87451 3518 METRO UNIFORM 04/11/2025
292927 Class A Uniform (Bustillos) 305.25
Total for Check Number 87451: 305.25
87452 3293 MID VALLEY DISPOSAL 04/11/2025
March 2025 March 2025 Multi 2-4 & Multi 5 less(3,554.48) 20,142.06 March 2025 Franchise Fees March 2025 -12,832.23
March 2025 March 2025 Comm-less FF's (9,277.75) 52,573.94 March 2025 March 2025 Residential 103,429.91
March 2025 Franchise Fees March 2025 12,832.23
Total for Check Number 87452: 176,145.91
87453 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 04/11/2025 3156667 SB1383 Grant O-Compost 689.98
Total for Check Number 87453: 689.98
87454 3466 NAPA AUTO PARTS 04/11/2025
700428 PW Supplies 26.46
Total for Check Number 87454: 26.46
87455 4194 NELSON'S ACE HARDWARE-KINGSBURG04/11/2025
159647 PW Hardware 7.79
159661 PW Hardware 1.74
159674 PW Hardware 0.77
159682 PW Hardware 28.08
159859 PW Hardware 7.79
159914 PW Hardware 4.87
Total for Check Number 87455: 51.04
87456 3312 O'REILLY AUTO PARTS 04/11/2025
4445-494558 PW Hitch and Ball 54.47
Total for Check Number 87456: 54.47
87457 3611 HOLLY OWEN 04/11/2025
April 2025 Reimb for monthly cell phone April 2025 75.00 Total for Check Number 87457: 75.00
87458 3315 P G & E 04/11/2025
03/27/2025 Electricity 02/26/25 - 03/26/25 Account-9285082237-7 98.84 03/28/2025 Electricity 02/27/25-03/27/25 Account-7371161282-7 638.18 AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
03/28/2025 Electricity 02/27/25-03/27/25 Account-7371161282-7 638.18 03/31/2025 Electricity 02/28/25-03/30/25 Account-1628344672-8 1,086.74 Total for Check Number 87458: 2,461.94
87459 4885 PACIFIC SHREDDING 04/11/2025
5255365 City hall paper shredding services 3/10/25 &3 /21/25 59.92 5255365 City hall paper shredding services 3/10/25 &3 /21/25 59.92 5255374 64 gallon tote shredding service 3/31/25 50.40
Total for Check Number 87459: 170.24
87460 3450 ABIGAIL PALSGAARD 04/11/2025
04/01/2025 Reimb for monthly cell phone April 2025 75.00 04/01/2025 CCAC Annual Conference 2025 Per Diem 4/29-5/2/25 414.00 Total for Check Number 87460: 489.00
87461 3334 PROFESSIONAL PRINT & MAIL, INC 04/11/2025
124844 Statement-Delinquent Notices March 2025 Qty39 117.36 124844 Statement-Delinquent Notices March 2025 Qty39 117.35 124851 Letter Mailer- Prop 218 Ballot & Notice April 2025 Qty. 4,194 2,469.45 Total for Check Number 87461: 2,704.16
87462 4550 BRANDON PURSELL, JR. 04/11/2025
04/07/2025 Cal Cities Leadership Summit 2025 Conf Per Diem 4/22/25 -4/23/25 129.00 Total for Check Number 87462: 129.00
87463 3543 SIERRA PACKAGING SOLUTIONS 04/11/2025
95429 Senior Center Janitorial Supplies 449.64
95997 City Hall Janitorial Supplies 105.05
96012 Senior Center Janitorial Supplies 382.49
96077 Police Janitorial Supplies 82.00
FC1310 Senior Center Janitorial Supplies 3.55
Total for Check Number 87463: 1,022.73
87464 3772 SIGN MAX 04/11/2025
0049598-IN Draper -Stop Sign Notice (2) 118.00
0049637-IN Draper -Stop Sign (2) Poles and Hardware 148.76 Total for Check Number 87464: 266.76
87465 3369 SILVAS OIL COMPANY, INC. 04/11/2025
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 139.46
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 45.31
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 45.31
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 622.27
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 73.43
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 399.83
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 255.13
197680CT PW & CH Gas Card Chrgs 3/16/25-3/31/25 141.04
197681CT ACT Fuel Gomez 481.90
197681CT KHS Fuels Arevalo 145.79
197681CT ME Fuels 671.76
197681CT GF Fuels 2,418.94
197681CT KES Fuel Jimenez 69.56
197682CT Fuel-Measure E 3/16/25-3/31/25 681.35
197682CT Fuel Ambulance 3/16/25-3/31/25 681.36
197682CT Fuel Fire 3/16/25-3/31/25 681.35
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 87465: 7,553.79
87466 4262 SILVERFOX ELECTRIC, INC. 04/11/2025
3598 City Park Electrical Panel Pedestal 6,091.86
Total for Check Number 87466: 6,091.86
87467 3378 STAPLES ADVANTAGE 04/11/2025
6028051884 Police Dept Office Supplies 5.53
6028051885 Police Dept Janitorial Supplies 70.28
6028051886 PW Park Supplies 354.58
6028051887 Police Dept Office Supplies 96.94
6028051888 Police Dept Office Supplies 364.98
6028051889 Police Dept Janitorial Supplies 269.56
6028051890 Fire Station Supplies 523.62
Total for Check Number 87467: 1,685.49
87468 3381 STATE OF CALIFORNIA-D O T 04/11/2025
SL250546 Signals and Lighting Oct 2024 to Dec 2024 3,834.39 Total for Check Number 87468: 3,834.39
87469 4028 SUPERIOR POOL CARE 04/11/2025
5063 Owner-Eddie C. Reed Pool Services March 2025 3,482.70 Total for Check Number 87469: 3,482.70
87470 3746 SWANSON-FAHRNEY FORD 04/11/2025
249904 Repair to PD #1625 10,176.04
Total for Check Number 87470: 10,176.04
87471 4827 SWEEPING CORP OF AMERICA LLC 04/11/2025
2025-003249 Subdivision 16th & Kern March 2025 750.00
2025-003249 Kings Crossing March 2025 300.00
2025-003249 Subdivison Kamm & S. Academy March 2025 375.00 2025-003249 Streets, Medians, and Sub divisions March 2025 3,500.00 2025-003249 Air Sweep for the month of March 2025 16,500.00 Total for Check Number 87471: 21,425.00
87472 3395 TERRYBERRY 04/11/2025
S62052 PD 2 Longevity Pins 181.34
S62052 Finance 1 Longevity Pin 67.26
S62052 City Clerk 1 Longevity Pin 134.48
S62052 Finance 1 Longevity Pin 67.27
S62052 HR 1 Longevity Pin 134.48
S62052 PW 3 Longevity Pins 228.22
Total for Check Number 87472: 813.05
87473 4974 THE ADVANCE GROUP INC 04/11/2025
84354 Traffic Citation Booklets 1,670.74
Total for Check Number 87473: 1,670.74
87474 4854 TOP GUARD TRAINNING 04/11/2025
32825 Lifeguard Training 2025 2,936.00
Total for Check Number 87474: 2,936.00
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
87475 4788 TOWNSEND PUBLIC AFFAIRS INC. 04/11/2025
23208 Consulting Services for the month of April 2025 6,000.00 Total for Check Number 87475: 6,000.00
87476 5099 TULARE COUNTY SUPERINTENDENT OF SCHOOLS 04/11/2025 252865 School Safety Symposium (Gonzales, Carey) 300.00 252865 School Safety Symposium (Gonzales, Carey) 150.00 Total for Check Number 87476: 450.00
87477 3416 VERIZONWIRELESS 04/11/2025
6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 26.80 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 78.72 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 36.50 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 95.48 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 20.81 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 87.62 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 88.69 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 27.00 6108584413 Cellular Svc 2/16/25-3/15/25 Act. 518035707-00003 52.19 6108584414 Wireless Bill for fire/ambulance Feb 16 - March 15, 2025 1,186.49 Total for Check Number 87477: 1,700.30
87478 3419 VIKING CLEANING SERVICE 04/11/2025
April 2025 Janitorial Services April 2025 3,714.23
Total for Check Number 87478: 3,714.23
87479 3493 VILLAGE TIRE SALES INC 04/11/2025
28063 Tire, Wheel, Alignment on PD #2219 643.08
28238 Suspension Repairs PD #2027 981.00
Total for Check Number 87479: 1,624.08
87480 3421 VINCENT COMMUNICATIONS, INC. 04/11/2025
89927 2 Handheld Radios 1,214.60
Total for Check Number 87480: 1,214.60
87481 3469 WECO SUPPLY CO., INC. 04/11/2025
977065 PW Cyl Rental 3/31/2025 33.48
Total for Check Number 87481: 33.48
87482 3448 CHRISTINA WINDOVER 04/11/2025
April 2025 Cell Phone Reimb- April 2025 75.00
Total for Check Number 87482: 75.00
87483 3430 BETTY WONG, 04/11/2025
April 2025 Wong Bldg. Lease April 2025 3,000.00
Total for Check Number 87483: 3,000.00
Total for 4/11/2025: 473,237.39
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 04/18/2025
PR Batch 00001.04.2025 457 Percent - Mission Square PR Batch 00001.04.2025 457 Percent - Mission Square 795.97 PR Batch 00001.04.2025 457 Mission Square PR Batch 00001.04.2025 457 Mission Square 6,752.50 AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor 3231: 7,548.47
ACH 3470 Internal Revenue Service - ACH 04/18/2025
PR Batch 00001.04.2025 FICA Employee Portion PR Batch 00001.04.2025 FICA Employee Portion 19,878.68 PR Batch 00001.04.2025 Medicare Employee Portion PR Batch 00001.04.2025 Medicare Employee Portion 4,649.03 PR Batch 00001.04.2025 Medicare Employer Portion PR Batch 00001.04.2025 Medicare Employer Portion 4,649.03 PR Batch 00001.04.2025 Federal Income Tax PR Batch 00001.04.2025 Federal Income Tax 30,838.05 PR Batch 00001.04.2025 FICA Employer Portion PR Batch 00001.04.2025 FICA Employer Portion 19,878.68 Total for this ACH Check for Vendor 3470: 79,893.47
ACH 3471 Employment Development Department - ACH04/18/2025 PR Batch 00001.04.2025 CA SDI PR Batch 00001.04.2025 CA SDI 3,404.95 PR Batch 00001.04.2025 State Income Tax PR Batch 00001.04.2025 State Income Tax 11,821.71 Total for this ACH Check for Vendor 3471: 15,226.66
ACH 3472 CalPERS - ACH 04/18/2025
PR Batch 00001.04.2025 PERS Misc. PEPRA ER PR Batch 00001.04.2025 PERS Misc. PEPRA ER 5,309.46 PR Batch 00001.04.2025 PERS Safety Fire PEPRA 4850 PR Batch 00001.04.2025 PERS Safety Fire PEPRA 4850 537.26 PR Batch 00001.04.2025 PERS Safety Fire ER PR Batch 00001.04.2025 PERS Safety Fire ER 5,054.32 PR Batch 00001.04.2025 PERS Safety Police PEPRPR Batch 00001.04.2025 PERS Safety Police PEPR A ER A ER 10,194.02 PR Batch 00001.04.2025 PERS Safety Fire -ClassicPR Batch 00001.04.2025 PERS Safety Fire -Classic 1,950.08 PR Batch 00001.04.2025 PERS Misc. PEPRA PR Batch 00001.04.2025 PERS Misc. PEPRA 5,228.50 PR Batch 00001.04.2025 PERS Safety Fire PEPRAPR Batch 00001.04.2025 PERS Safety Fire PEPRA 5,985.70 PR Batch 00001.04.2025 PERS Misc. Classic PR Batch 00001.04.2025 PERS Misc. Classic 2,954.68 PR Batch 00001.04.2025 PERS Reported FLSA PR Batch 00001.04.2025 PERS Reported FLSA 1,781.61 PR Batch 00001.04.2025 PERS Safety Police PEPRAPR Batch 00001.04.2025 PERS Safety Police PEPRA 10,645.71 PR Batch 00001.04.2025 PERS Safety Police PR Batch 00001.04.2025 PERS Safety Police 1,493.81 PR Batch 00001.04.2025 PERS Misc. Classic ER PR Batch 00001.04.2025 PERS Misc. Classic ER 5,094.94 PR Batch 00001.04.2025 PERS Safety Police ER PR Batch 00001.04.2025 PERS Safety Police ER 3,874.16 PR Batch 00001.04.2025 PERS Safety Fire PEPRA ER PR Batch 00001.04.2025 PERS Safety Fire PEPRA ER 6,987.14 Total for this ACH Check for Vendor 3472: 67,091.39
ACH 4707 ICMA-WIRE 401(A) 04/18/2025
PR Batch 00001.04.2025 Def Comp 401(a) ICMAPR Batch 00001.04.2025 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
87484 3660 KPFA 04/18/2025
PR Batch 00001.04.2025 Professional Firefighters Asc. PR Batch 00001.04.2025 Professional Firefighters Asc. 720.00 Total for Check Number 87484: 720.00
87485 3525 Kingsburg Police KPOA 04/18/2025
PR Batch 00001.04.2025 KPOA Union Dues PR Batch 00001.04.2025 KPOA Union Dues 1,210.00 Total for Check Number 87485: 1,210.00
Total for 4/18/2025: 171,939.99
ACH 3470 Internal Revenue Service - ACH 04/22/2025
PR Batch 00002.04.2025 Federal Income Tax PR Batch 00002.04.2025 Federal Income Tax 313.66 PR Batch 00002.04.2025 FICA Employee Portion PR Batch 00002.04.2025 FICA Employee Portion 200.97 PR Batch 00002.04.2025 Medicare Employer Portion PR Batch 00002.04.2025 Medicare Employer Portion 47.00 PR Batch 00002.04.2025 FICA Employer Portion PR Batch 00002.04.2025 FICA Employer Portion 200.97 PR Batch 00002.04.2025 Medicare Employee Portion PR Batch 00002.04.2025 Medicare Employee Portion 47.00 AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 12 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor 3470: 809.60
ACH 3471 Employment Development Department - ACH04/22/2025 PR Batch 00002.04.2025 State Income Tax PR Batch 00002.04.2025 State Income Tax 157.21 PR Batch 00002.04.2025 CA SDI PR Batch 00002.04.2025 CA SDI 38.90 Total for this ACH Check for Vendor 3471: 196.11
Total for 4/22/2025: 1,005.71
ACH 4789 US BANKCORP SERVICE CENTER 04/23/2025
Colado 4-11-25 Staples-Finance Supplies 37.71
Colado 4-11-25 Staples-Finance Supplies 37.00
Colado 4-11-25 Staples-Finance Supplies 37.72
Colado 4-11-25 Staples-Finance Supplies 33.80
Colado 4-11-25 Staples-Finance Supplies 25.82
Colado 4-11-25 Staples-Finance Supplies 25.81
Colado 4-11-25 CSMFO Membership 150.00
Colado 4-11-25 Staples-Finance Supplies 36.99
Colado 4-11-25 CSMFO Chapter Meeting 30.00
Colado 4-11-25 Staples-Finance Supplies 33.80
Cstnda 4-11-25 Amazon-Senior Meal Program Supplies 58.49 Cstnda 4-11-25 Amazon-Senior Meal Program 47.94
Cstnda 4-11-25 Amazon-Senior Meal Supplies 131.86
Cstnda 4-11-25 Cost Less-Senior Lunch Program 15.92
Cstnda 4-11-25 EZcater Subway-Lifeguard training 150.96 Cstnda 4-11-25 Sam's Club-Senior Meal Program 180.80
Cstnda 4-11-25 Sam's Club Senior Center Lunch Supplies 98.44 Cstnda 4-11-25 EOC Supplies/luncheon Senior Center 108.35 Cstnda 4-11-25 Amazon-Senior Center Supplies 25.05
Cstnda 4-11-25 Amazon-Senior Meal Supplies 49.02
Cstnda 4-11-25 Walmart-Senior Lunch Program 65.86
Cstnda 4-11-25 Smart and Final- Senior Center lunch supplies 16.39 Cstnda 4-11-25 UPS Store-Dog Park Brochures (100) 134.69 Cstnda 4-11-25 Aldi-Senior Lunch Program 51.98
Galvez 4-11-25 Amazon-Dog bags 50.12
Galvez 4-11-25 Carl's- Waterline repair 4/4/25 36.62
Hndrson 4-11-25 Cal League Lunch; Henderson 25.00
Hndrson 4-11-25 Cal League Lunch; Pursell 25.00
Hrndez 4-11-25 Hilton Orange Hotel-Ro AFSS Conference 597.12 Hrndez 4-11-25 DXL.com-extra size CERT tshirts- paid by Listos #2 48.76 Hrndez 4-11-25 Port of Subs-trench class-ordered in error. too late to cancel 130.50 Hrndez 4-11-25 Zazzle-plaque for D Rodriguez award Swedish fest 84.94 Hrndez 4-11-25 Fire nuggests- refund cancelled Machine rescue class -2,010.00 Hrndez 4-11-25 AMark tshirts- CERT hats- paid by Listos Grant #2 998.72 Hrndez 4-11-25 Fence Factory-porta-potties- remimbursed by Fresno Fire 345.53 Hrndez 4-11-25 Paypal Membership 25.00
Hrndez 4-11-25 Career success subscription library-RO 19.00 Hrndez 4-11-25 A Mark tshirts-CERT-paid by Listos Grant #2 1,198.62 Osborne 4-11-25 Witmer Public Safety Group- Irons and Ax- new E141 571.97 Ploszaj 4-11-25 PASPID Cards (3) 59.43
Ploszaj 4-11-25 PASPID Cards (2) 39.62
Ploszaj 4-11-25 Hampton Inn -FTO Supervisor (Salinas) 555.99 Ploszaj 4-11-25 CPCA Visionary Leadership Summit Registration (Chief) 350.00 Ploszaj 4-11-25 Embassy Hotel- SLI 6 (Forlines) 572.10
Ploszaj 4-11-25 Foremost Promotions (SRO Swag) 2,384.51 Ploszaj 4-11-25 Hampton Inn -FTO Supervisor (Gagnon) 555.99 Plsgrd 4-11-25 Savemart-Drinks for Council 70.59
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 13 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Plsgrd 4-11-25 Home Depot-Minifridge for Council 122.14 Roberts 4-11-25 Paypal-CPR for CERT-Reimb by Grant 924.00 Stephen 4-11-25 Blackhawk Holster 53.84
Stephen 4-11-25 Peerless Handcuffs (4) 159.04
Stephen 4-11-25 Amazon-Streamlight 75429 Lumen Flashlight (4) 713.40 Stephen 4-11-25 Utility Camera Cables (2) 112.98
Stephen 4-11-25 Loctite 10.27
Stephen 4-11-25 Credit: Amazon Streamlight 75429 Lumen Flashlight -116.59 Stephen 4-11-25 Body Cam System Case 199.96
Wndover 4-11-25 Survey Monkey Subscription 468.00
Total for this ACH Check for Vendor 4789: 10,966.57
87486 4910 ADVENTIST HEALTH TULARE 04/23/2025
2471 Specimen Collection Tox Lab 45.00
2471 Alcohol Blood Tox Lab (Case 25-0444) 55.00
Total for Check Number 87486: 100.00
87487 3007 ALERT-O-LITE, INC. 04/23/2025
017553-IN PW Supplies -marking paint vest 168.89
Total for Check Number 87487: 168.89
87488 4545 AMAZON.COM SALES, INC. 04/23/2025
ITG3-6G4Q-1Y3W HP Officejet PRO 9135 E Printer, & HP toner (Sgt's Office) 460.83 Total for Check Number 87488: 460.83
87489 3891 AMERICAN BUSINESS MACHINES 04/23/2025
799406 Toner Magenta 7.50
799406 Toner Magenta 7.50
801407 Toner Yellow 15.00
Total for Check Number 87489: 30.00
87490 4307 AT & T MOBILITY 04/23/2025
04102025 SRO Body Cam/MDT (Arevalo) H 80.48
04102025 ME Body Cam/MDT (Bustills, Chvez, Stphns, Salins,Ruiz,Pdvck,Forl 281.68 04102025 ME Cell-Salinas,Stphns,Frlnes,Lambrn,Pdvck,Ruiz 367.16 04102025 ACT Cell (Gomez) 45.08
04102025 SRO Cell (Arevalo) H 50.13
04102025 ACT Body Cam MDT (Gomez) 80.48
04102025 GF Body Cam/MDT 643.85
04102025 SRO Cell (Jimenez) E 50.13
04102025 SRO Body Cam/MDT (Jimenez) E 80.48
04102025 GF Cell 851.68
Total for Check Number 87490: 2,531.15
87491 3300 AVENU INSIGHTS & ANALYTICS 04/23/2025
INV06-020709 Clearview/STARS Service for 4th Quarter 2024 Data 450.00 Total for Check Number 87491: 450.00
87492 3054 BSK ASSOCIATES 04/23/2025
AI09411 Well treatment Bact 3/31/25 119.12
AI10102 Well treatment Bact 4/7/25 119.12
Total for Check Number 87492: 238.24
87493 3056 CAL STATE TERMITE AND PEST 04/23/2025
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 14 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
0469795 Pool Pest Control Extra 15.00
0469808 Memorial/ Downtown Park Pest Control 95.00
0469808 City Buildings Pest Control 168.50
0469808 Senior Center Pest Control 35.00
0469808 Senior Center Pest Control 35.00
0469808 Amb Pest Control 35.00
0469808 Pool Pest Control 56.50
0469808 Fire Pest Control 35.00
Total for Check Number 87493: 475.00
87494 3057 CALIFORNIA BUILDING STANDARDS 04/23/2025
Quarterly Building Standard Commision Fees 1/1/25-3/31/25 636.30 Total for Check Number 87494: 636.30
87495 4429 CANON FINANCIAL SERVICES, INC 04/23/2025
3852645 Senior Center Printer 252.51
39236022 Senior Center Printer Back 106.84
39242673 Senior Center Printer Front 286.09
39814271 City Hall Copier Contract March 2025 255.81
39814271 City Hall Copier Contract March 2025 255.82
39814418 March-BW meter usage-CL meter usage 99.66
39814418 April Contract Charge 252.08
39950246 Printer Services Senior Center 121.92
40001617 Building Dept Contract 201.26
40001617 Building Dept Meter Usage 215.84
40001618 Printer Services Senior Center 400.61
40027404 PW Copier 1/1/25 to 3/31/25 73.81
Total for Check Number 87495: 2,522.25
87496 4861 CCLS, INC 04/23/2025
23468 Vets Park irrigation repairs 130.50
25481 Landscape Kings Estates 980.00
25481 Landscape Vets 920.00
25481 Landscape Kings Estates Phase 3 Solig 190.00
Total for Check Number 87496: 2,220.50
87497 4448 CORE & MAIN 04/23/2025
W714920 Comp Kits and Inserts Water Lines 963.13
Total for Check Number 87497: 963.13
87498 5002 DATA TICKET, INC 04/23/2025
178290 Citation Processing Services March 2025 211.16
Total for Check Number 87498: 211.16
87499 4409 DEFT DEVELOPMENT, INC. 04/23/2025
Pymt 3 Senior Kitchen Remodel 10/16/2024 - 04/07/2025 53,975.75 Pymt 3 Retention Senior Kitchen Remodel 10/16/2024 - 04/07/2025 -2,698.79 Total for Check Number 87499: 51,276.96
87500 4963 MARK DRAGOO 04/23/2025
TrechTRT0323 Instructor Fees: Trench Rescue April 7-9, 2025 2,400.00 Total for Check Number 87500: 2,400.00
87501 3152 E C N POLYGRAPH & INVEST 04/23/2025
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 15 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
KINGPD-APR3-25 Pre-Employment Polygraph (Acosta) 250.00 Total for Check Number 87501: 250.00
87502 4615 EMERALD TEXTILES SERVICES 04/23/2025
EFRE-00240829 Linen 4/1-4/5/25 265.93
EFRE-00242900 Linen 4/6-4/12/25 279.27
Total for Check Number 87502: 545.20
87503 3158 ENER POWER 04/23/2025
73357 Electric Energy Charges for 12/24/24-1/23/25 SID: 7543447336 682.00 73358 Electric Energy Charges for 12/24/24-1/23/25 SID: 7543447066 4,067.00 73359 Electric Energy Charges for 12/24/24-1/23/25 SID: 7543447613 333.00 Total for Check Number 87503: 5,082.00
87504 3693 FERGUSON ENTERPRISES, INC. 04/23/2025
5710408 Replacement prisoner toilet for PD 11,535.91
Total for Check Number 87504: 11,535.91
87505 3179 LEE FORLINES 04/23/2025
Parking042025 Reimburse hotel parking fee (SLI-6) 54.00 Total for Check Number 87505: 54.00
87506 3184 FRESNO CITY COLLEGE-Business Office 04/23/2025 19078456 Academy Instructor Cert March 2025 (POST Plan V) 120.00 Total for Check Number 87506: 120.00
87507 3994 GUARDIAN 04/23/2025
5/1/25-5/31/25 Monthly Ins. Premium 5/2025 Life Employee 231.90 5/1/25-5/31/25 Monthly Ins. Premium 5/2025 VSP Vision 1,158.94 5/1/25-5/31/25 Monthly Ins. Premium 5/2025 Vol Life Ins 1,708.91 5/1/25-5/31/25 Monthly Ins. Premium 5/2025 Guardian Dental 7,990.60 5/1/25-5/31/25 Monthly Ins. Premium 5/2025 Vol Ins. Plans 1,747.80 Total for Check Number 87507: 12,838.15
87508 3222 HENRY SCHEIN, INC. 04/23/2025
39315788 Medical Supplies 494.85
39316294 Medical Supplies 173.33
39617153 Medical Supplies 44.00
Total for Check Number 87508: 712.18
87509 3643 ICMA MEMBERSHIP RENEWAL 04/23/2025
04/18/2025 Adam ICMA Memebership 200.00
Total for Check Number 87509: 200.00
87510 4928 IMAGE TREND, LLC 04/23/2025
PS-INV114083 Standard Direct Messaging 2/23/25-2/22/26 513.60 PS-INV114093 Standard Direct Messaging 2/23/25-2/22/26 1,605.00 Total for Check Number 87510: 2,118.60
87511 3860 JAS PACIFIC 04/23/2025
PC7443 Plan Check Fees 3/1/25-3/31/25 5,906.25
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 16 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 87511: 5,906.25
87512 4830 JC LAND MANAGEMENT INC 04/23/2025
1985 Landscape July 2024 6,572.20
2540 Landscape March 2025 6,572.20
Total for Check Number 87512: 13,144.40
87513 3249 KAISER FOUNDATION HEALTH PLAN INC04/23/2025
May 2025 Med ins premium May 2025 4,637.09
Total for Check Number 87513: 4,637.09
87514 3904 KIMBALL MIDWEST 04/23/2025
103243426 PW Hardware 823.62
Total for Check Number 87514: 823.62
87515 3946 KINGSBURG GLASS & SCREEN 04/23/2025
04/15/2025 Sales Tax Incentive; 8 Quarters 1,383.03
Total for Check Number 87515: 1,383.03
87516 3510 KINGSBURG TOWING 04/23/2025
0059296 Unlocked patrol car (Unit 2218) 150.00
Total for Check Number 87516: 150.00
87517 4081 L.N. CURTIS & SONS 04/23/2025
INV898622 Work Boots-Madison 632.06
Total for Check Number 87517: 632.06
87518 4517 LECHOWICZ & TSENG MUNICIPAL CONSULTANTS 04/23/2025 INV #5 Prop 218 Water Rate consutant 3/1/25 to 3/31/25 8,643.81 Total for Check Number 87518: 8,643.81
87519 5059 RONALDO MEZA 04/23/2025
Surveillanc0416 Per Diem-Electronic Surveillance (POST Plan VI) 23.00 Total for Check Number 87519: 23.00
87520 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 04/23/2025 3199593 Street Sweeping Refuse 3/19/25 1,220.00
Total for Check Number 87520: 1,220.00
87521 4849 NAPA AUTO PARTS 04/23/2025
927341 Air filters for ambulance 303.29
Total for Check Number 87521: 303.29
87522 4757 NATIONAL COMMAND COURSE ASSOCIATION 04/23/2025 2025 Membership Dues 2025 50.00
Total for Check Number 87522: 50.00
87523 3307 NELSON'S ACE HARDWARE-SELMA 04/23/2025
160151 Fuel for small engines and bolts 68.63
160401 Police Hardware Supplies 15.22
160403 Connector for shore line repair 19.60
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 17 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
160430 Hardware 1.86
160433 Hardware 0.66
160482 Cow cover rub, hardware 30.38
160549 Tape 6.46
Total for Check Number 87523: 142.81
87524 4876 OAT & OAK LLC 04/23/2025
072289 BID Social Media Manager March 2025 2,500.00
Total for Check Number 87524: 2,500.00
87525 3312 O'REILLY AUTO PARTS 04/23/2025
4445-493922 Degreaser 7.07
Total for Check Number 87525: 7.07
87526 3315 P G & E 04/23/2025
03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 278.47 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 1,090.40 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 3,029.43 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 467.52 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 9.52 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 603.17 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 140.54 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 204.49 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 107.89 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 1,159.96 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 2,503.32 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 21,905.00 03/31/2025#2 Electricity 02/25/25-03/25/25 Acct- 7543447781-8 9.52 04-14-2024 Electricity 03/14/25-04/13/25 Acct- 5421414331-2 234.82 04-14-2024 #2 Electricity 03/15/25-04/15/25 Acct- 2493668675-7 30.89 04-14-2024 #2 Electricity 03/15/25-04/15/25 Acct- 2493668675-7 30.89 Total for Check Number 87526: 31,805.83
87527 3450 ABIGAIL PALSGAARD 04/23/2025
04/08/2025 Portable Charger and Poster Board Dog Clinic 52.17 Total for Check Number 87527: 52.17
87528 3334 PROFESSIONAL PRINT & MAIL, INC 04/23/2025
124595 Statements monthly utility bills April 2025 1,727.15 124595 Statements monthly utility bills April 2025 1,727.15 Total for Check Number 87528: 3,454.30
87529 3337 PROVOST & PRITCHARD 04/23/2025
118760 City of Kingsburg On Call Services March 1- March 31, 2025 3,043.90 118880 City of Kingsburg Focused G.P. Update March 1- March 31,2025 9,150.00 Total for Check Number 87529: 12,193.90
87530 3363 SAVE MART SUPERMARKETS 04/23/2025
520250211081519 Senior Lunch Supplies 2/11/25 47.31
Total for Check Number 87530: 47.31
87531 3570 SEQUOIA COUNCIL 04/23/2025
1492 Explorer Adult Leader POST 245 (Gagnon) 95.00
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 18 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 87531: 95.00
87532 3961 SHARP AMBULANCE BILLING 04/23/2025
53345 Ambulance Billing Service March 2025 7,505.42
Total for Check Number 87532: 7,505.42
87533 3543 SIERRA PACKAGING SOLUTIONS 04/23/2025
96377 City Hall Janitorial Supplies 473.58
Total for Check Number 87533: 473.58
87534 3772 SIGN MAX 04/23/2025
0049711-IN Dog Park Signs 217.51
Total for Check Number 87534: 217.51
87535 3368 SIGN RANCH BY ROD'S CUSTOM SIGNS04/23/2025
15912 Decals-PW 178.92
Total for Check Number 87535: 178.92
87536 3369 SILVAS OIL COMPANY, INC. 04/23/2025
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 88.64
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 191.96
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 151.87
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 149.19
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 389.27
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 593.34
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 472.78
197936CT PW & CH Gas Card Chrgs 4/1/25-4/15/25 88.64
197937CT KHS Fuel (Arevalo) 79.05
197937CT ACT Fuel ( Gomez) 500.18
197937CT GF Fuels 1,859.63
197937CT ME Fuels 952.91
197937CT KHS Fuel (Jimenez) 163.85
197938CT Fuel- Fire 4/1/25-4/15/25 669.61
197938CT Fuel Ambulance 4/1/25-4/15/25 669.60
197938CT Fuel-Measure E 4/1/25-4/15/25 669.60
Total for Check Number 87536: 7,690.12
87537 4887 SOCIAL VOCATIONAL SERVICES INC. 04/23/2025
46C2503-IN Landscape HASH Tulare 718.37
46C2503-IN Landscape HASH Fresno 239.46
Total for Check Number 87537: 957.83
87538 3380 STATE OF CALIFORNIA-D O J 04/23/2025
807662 Fingerprint Apps (17) 544.00
807662 Child Abuse Index CK 15.00
807662 Peace Officer Billed (1) 19.00
807662 Fingerprint FBI (5) 85.00
812855 Blood Alcohol Analysis- (3) March 2025 105.00
Total for Check Number 87538: 768.00
87539 4974 THE ADVANCE GROUP INC 04/23/2025
84404 Explorer Raffle Tickets 176.42
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 19 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 87539: 176.42
87540 3397 THE GAS COMPANY 04/23/2025
03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 96.02 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 3,900.91 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 229.79 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 99.00 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 93.28 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 193.46 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 38.45 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 58.77 03/31/2025 Gas Services for city dates: 3/10/25-4/8/25 372.27 Total for Check Number 87540: 5,081.95
87541 4788 TOWNSEND PUBLIC AFFAIRS INC. 04/23/2025
22853 Consulting services for the month of Feb 2025 6,000.00 Total for Check Number 87541: 6,000.00
87542 3419 VIKING CLEANING SERVICE 04/23/2025
04/15/2025 Senior Center Window Cleaning 150.00
Total for Check Number 87542: 150.00
87543 4463 WHITE CAP 04/23/2025
50030844761 Lumber, Hardwood, Measure Tape,Tools for Trench Class 4/7-4/9/25 552.10 Total for Check Number 87543: 552.10
87544 5104 YELLOW DOG SIGNS & GRAPHICS 04/23/2025
41861 CIP Park Sign Project 4,235.04
41861 CIP Park Sign Project 12,500.00
Total for Check Number 87544: 16,735.04
Total for 4/23/2025: 242,808.85
Report Total (155 checks): 888,991.94
AP Checks by Date - Detail by Check Date (4/28/2025 8:50 AM) Page 20
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Purcell & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: Leave blank AGENDA ITEM: Bond Reduction - Tract 6421 Improvements
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
Tract 6421 is a recently constructed 56 lot residential subdivision located northeast corner of 18th Avenue and Solig Avenue in northeast Kingsburg. The developer entered into a subdivision agreement with the City of Kingsburg to complete infrastructure improvements associated with the tract. The improvements have been partially completed to the satisfaction of the City Engineer. Outstanding public improvements include sidewalk improvements which are being performed concurrently with home construction. It is anticipated that the remaining public improvements will be completed prior to the end of the calendar year. The Developer has made a request to reduce the bonds issued for this project to a level sufficient to complete unfinished public improvements.
The original bond amounts and proposed bond amounts are shown below:
Bond Type Original Bond Amount Proposed Bond Amount
Performance $1,908,522 $150,000
Labor and Materials $954,261 $75,000
RECOMMENDED ACTION BY CITY COUNCIL
1. Authorize the reduction of security bonds to amounts determined by the City Engineer to be sufficient to complete unfinished public improvements.
POLICY ALTERNATIVE(S)
1. Council could choose not to approve the bond reduction.
STRATEGIC GOAL(S) MET:
1. Financial Stability
FINANCIAL INFORMATION
Meeting Date: 05/07/25
Agenda Item: 3
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
PRIOR ACTION/REVIEW
The Council previously approved the Final Map for Tract 6421 on February 21, 2024.
BACKGROUND INFORMATION
See Executive Summary
ATTACHED INFORMATION
1. None
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AJH AGENDA ITEM: Tract 6421 Reimbursement Agreement (18th Ave. Improvements) ACTION REQUESTED:___Ordinance ____Resolution √ Motion ____Receive/File
EXECUTIVE SUMMARY
In 2022, the City of Kingsburg approved the Final Map for a 54-acre residential subdivision located in the southeast corner of 18th Avenue and Kamm Avenue referred to as Tract 6421. As a condition of development of Tract 6421, the developer, K Prop, LLC, was required to construct additional pavement improvements on 18th Avenue outside of their frontage envelope. Because the improvements are located outside of the frontage envelope, these improvements are eligible for reimbursement by the City. These improvements have been constructed and accepted by the City Engineer.
A reimbursement agreement has been prepared between the City of Kingsburg and K Prop, LLC, detailing the work performed and reimbursement due to the developer by the City. The agreement has been executed by the developer.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the Reimbursement Agreement between the City of Kingsburg and K Prop, LLC, for construction of 18th Ave. street improvements required by the project conditions of approval and authorize the City Manager to sign the agreement on behalf of the City.
POLICY ALTERNATIVE(S)
1. The Council could choose to not approve the reimbursement agreement.
REASON FOR RECOMMENDATION/KEY METRIC
1. Community Safety
FINANCIAL INFORMATION
Meeting Date: 05/07/2025
Agenda Item: 4
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 210-9601-549-5761
BACKGROUND INFORMATION
See Executive Summary.
ATTACHMENTS
1. Reimbursement Agreement
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: AJ O’Connell, MCP, CBO, CCEA – Building Official REVIEWED BY: Leave blank
AGENDA ITEM: May 2025 - Building Safety Month Proclamation ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
Building Safety Month is an international campaign that takes place every May to raise awareness about building safety. This campaign reinforces the need for the adoption of modern, regularly updated building codes, and helps individuals, families and businesses understand what it takes to create safe and sustainable structures.
The City of Kingsburg, the International Code Council and its members, and a diverse partnership of professionals from the building construction, design and safety communities come together with corporations, other government agencies, professional associations, and nonprofits to promote building safety through proclamations, informational events, legislative briefings and more. We come together to support Building Safety Month because we understand the need for safe and sustainable structures where we live, work and play.
All communities need building codes to protect their citizens from disasters like fires, weather-related events, and structural collapse. Building codes are society's best way of protecting homes, offices, schools, manufacturing facilities, stores, and entertainment venues. Code officials work day-in and day-out to keep the public safe.
The theme for the 45th annual Building Safety Month is “Game On!” The educational and interactive campaign will raise awareness about the importance of building codes in ensuring safety in the spaces we live, work, play and learn. Each year, the Code Council, its members, and communities around the world celebrate building safety through proclamations, educational events and community gatherings.
Building Safety Month 2025 will explore how building safety impacts all of us on personal, local, and global levels. The weekly themes for this year’s campaign are:
• Week One (May 1–3): “The Warm Up”
• Week Two (May 4—10): “Build Your Offense”
• Week Three (May 11—17): “Build Your Defense”
• Week Four (May 18—24): “The Starting Lineup”
• Week Five (May 25—31): “Going Into Overtime”
RECOMMENDED ACTION BY CITY COUNCIL
1. Receive and file Proclamation
STRATEGIC GOAL(S) MET:
Meeting Date: 05/07/2025
Agenda Item: 5
1. Improve Public Safety
2. Improve Community Communication
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The Mayor and City Council received and filed a proclamation for the 44th annual Building Safety Month on May 1, 2024.
BACKGROUND INFORMATION
For the last 45 years, the Building Safety community has celebrated advances in constructing safe, sustainable, affordable and resilient buildings and homes. The ongoing support of Building Safety Month and the important role code officials play in public safety in the built environment has come from U.S. presidents, governors, mayors, county executives, other government officials and construction industry professionals.
ATTACHED INFORMATION
1. Proclamation
2. 2025 Building and Safety Month promotional flyer
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? N/A
3. If Budgeted, Which Line? N/A
CITY OF KINGSBURG PROCLAMATION
WHEREAS, the City of Kingsburg is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike, and;
WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the efforts of building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry––who work year-round to promote the safe construction of buildings, and; WHEREAS, these persons are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the modern codes and standards for the buildings where we live, learn, work and play, and;
WHEREAS, these modern building codes and standards include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and; WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown code enforcement officials––who are committed to enforce codes and standards for safe and sustainable buildings., and; WHEREAS, “Game On!,” the theme for Building Safety Month 2025, encourages us all to get involved and raise awareness about building safety on a personal, local and global scale, and; WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local, state, tribal, territorial, and federal building safety and fire prevention departments, in protecting lives and property.
NOW, THEREFORE, the Mayor and City Council of the City of Kingsburg, do hereby proclaim the month of May 2025 as Building Safety Month. Accordingly, we encourage our citizens to join us as we participate in Building Safety Month activities.
************************************************************************* Signed this 7th day of May, 2025
_______________________________
Brandon Pursell, Mayor
City of Kingsburg
25-24575
GAME ON!
2025
Get in the game and celebrate building safety!
www.buildingsafetymonth.org
#BuildingSafety365
International Code Council family of solutions
Week 1: The Warm Up (May 1–3)
Discover how building safety impacts our daily lives including the places where we work, learn and play.
Week 2: Build Your Offense (May 4–10)
Create a plan to actively support building safety programs in your community.
Week 3: Build Your Defense (May 11–17)
Stay prepared for natural hazards such as severe weather, wildfires, earthquakes and more with our disaster toolkits.
Week 4: The Starting Lineup (May 18–24)
Meet building safety professionals and learn about rewarding careers in building safety.
Week 5: Going Into Overtime (May 25–31)
See what’s next for the building safety industry, including global trends, artificial intelligence and more.
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: AJ O’Connell, MCP, CBO, CCEA – Building Official REVIEWED BY: MN AGENDA ITEM: Consideration of Memorandum of Understanding (MOU) with County of Fresno, Ordinance Relating to Infectious Materials
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
The County of Fresno, in collaboration with the City of Reedley, managed public health response in addressing issues with a materials laboratory operating within the city limits of Reedley in 2023. As a result of this effort, the County has communicated with and made specific recommendations to Federal and State legislators on how to prevent a similar event from happening in the future while improving oversight of privately funded laboratories.
Unfortunately, there are no current national or state regulations. Due to this regulatory vacuum, the Fresno County Board of Supervisors adopted the “Fresno County Infectious Materials Ordinance”, a local ordinance that will provide local authority to oversee privately funded laboratories that do not fall under the federal Clinical Laboratory Improvement Amendments “CLIA”, established and codified in 42 USC 263a and 42 CFR 493.
The County ordinance applies only to the unincorporated area of Fresno County. The County has offered a MOU to incorporated cities that will allow the County to enforce the ordinance within cities if the City delegates authority to the County to enforce. The MOU is drafted to reflect that cities maintain local control and are only responsible for costs incurred by the City and thus the County would not charge its costs to a City. County communication with the City will be key for a joint response.
The recommended action by the City Council is to approve an MOU with the County to enforce its Infectious Materials Ordinance and adopt an ordinance relating to Infectious Materials. The City has requested several revisions to the MOU. The revisions are being reviewed by County Counsel. Any comments from County Counsel may not be received prior to the City Council’s action on the MOU. Therefore, Staff is requesting the City Council approve the MOU subject to final approval by the City Manager and the City Attorney of the provisions of the MOU after the City receives comments from County Counsel. The Ordinance, if adopted, will incorporate by reference the Fresno County ordinance which provides the authority for the County to conduct on-site visits on private property and evaluate whether laboratories that are not regulated by CLIA 42 USC 263a and 42 CFR 493 are in compliance with Hazardous Materials laws and general applicable clinical laboratory safety requirements (e.g. medical waste, environmental controls, policy, and procedures). This Ordinance will not apply to CLIA operated laboratories which include commercial laboratories (e.g. Quest, LabCorp), doctor’s offices that obtain a CLIA license or waiver from CLIA, and/or clinics operating under a CLIA license or waiver from CLIA. The Fresno County Public Health Department would create a team from its Hazardous Materials program and its Public Health Laboratory. This team would conduct annual on-site visits to confirm compliance with hazardous materials and laboratory operations.
This MOU has been approved and entered into by both the City of Reedley and City of San Joaquin.
RECOMMENDED ACTION BY CITY COUNCIL
1. Adopt Resolution 2025-26 Approving the Memorandum of Understanding with County of Fresno to Authorize County to Enforce Fresno County Infectious Materials Ordinance in the City of Kingsburg, subject to approval by the City Manager and City Attorney.
2. Waive the first reading and introduce Ordinance 2025-03 Adding Chapter 8.28 to Title 8 of the Kingsburg Municipal Code Relating to Infectious Materials.
Meeting Date: 5/7/2025
Agenda Item: 6
POLICY ALTERNATIVE(S)
1. Council could choose not to approve the MOU and Ordinance STRATEGIC GOAL(S) MET:
1. Community Safety
FINANCIAL INFORMATION
ATTACHED INFORMATION
1. Draft Fresno County MOU
2. Draft Resolution 2025-26
3. Draft Ordinance 2025-03
4. Adopted Fresno County Ordinance
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
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25 MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND CITY OF KINGSBURG
This Memorandum of Understanding (“MOU”) is dated May 7, 2025 and is between City of Kingsburg a municipal corporation of the State of California (“City”), and the County of Fresno, a political subdivision of the State of California (“County”). County and City are each a “Party” to this MOU and are collectively “the Parties.” Recitals
A. The Parties wish to establish a monitoring and inspection system to oversee privately funded laboratories that handle infectious agents without oversight from an existing permitting public agency.
B. The joint response between the County of Fresno and the City of Reedley in 2023, dealing with an unlicensed laboratory resulted in a successful management of a potential public health issue and provided both entities the ability to retain their local control while being able to consistently advocate for additional state and federal resources. This incident has led the County to pursue a negotiated agreement with municipalities based on the successful 2023 model.
C. The County adopted Section 1. Chapter 8.52 of the Ordinance Code of Fresno County, entitled “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE,” that applies to all nonClinical Laboratory Improvement Amendments (CLIA) regulated laboratories and research and development businesses (as that term is defined in 42 USC §263a) located or operating within the geographic area in which the health department enforces state and local statutes, orders, quarantines, rules, regulations and ordinances relating to public health in the unincorporated area of Fresno County or within the incorporated area of any city within the county, to which cities have signed a memorandum of understanding that authorizes the County to conduct oversight of the laboratories.
The Parties therefore agree as follows:
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25 City’s Responsibilities
1.1 In order to authorize the County to enforce the provisions of this public safety “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE” in the incorporated area of the City, the City must adopt the provisions of this ordinance delegating enforcement authority to the County and must enter into this MOU with the County.
1.2 The City will retain all jurisdictional authority not pertaining to items contained in the “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE.”
1.3 The City will provide the County a list of non-CLIA sites in their jurisdiction that the County will need to follow up on.
1.4 The City will report suspected non-CLIA sites to assess applicability to “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE.”
County’s Responsibilities
2.1 Under the provisions of the ordinance, the County will evaluate if appropriate certifications, permits, environmental controls, safety protocols and licenses are in place for the handling of infectious materials and hazardous materials located at the non-CLIA site.
2.2 Any concerns observed by County staff will be communicated to designated City staff and a joint response would be coordinated with the business owner and property owner.
Cost Reimbursement
3.1 The Parties will establish appropriate cost reimbursement methods to support activities in responding to the “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE”.
City will be responsible to obtain reimbursement of all costs incurred by the City and not recouped by the fees developed by the City, other funding resources or other recovery actions.
County will be responsible to obtain reimbursement of all costs incurred by the County and not recouped by the fees developed by the County, other funding resources or other recovery actions.
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25 3.2 Incidental Expenses. The Parties are solely responsible for all of its costs and expenses that are not specified as reimbursable under this MOU.
Term of MOU
4.1 Term. This MOU is effective on the date that the Parties sign this MOU and shall remain in effect, except as provided in Article 6, “Termination and Suspension,” below.
Notices
5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this MOU include the following:
For the County:
County Administrative Officer
County of Fresno
Hall of Records, Room 300
2281 Tulare St
Fresno, CA 93775
For the City:
Alexander Henderson
City of Kingsburg
1401 Draper St
Kingsburg, CA 93631
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.
5.3 Method of Delivery. Each notice between the County and the City provided for or permitted under this MOU must be in writing, state that it is a notice provided under this MOU, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. (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.
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25 (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 MOU, nothing in this MOU establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Government Code, section 810 et seq.).
Termination and Suspension
6.1 Termination without Cause. The Parties may terminate this MOU by giving at least 30 days advance written notice to the other Party.
6.2 No Penalty or Further Obligation. Any termination of this MOU by the County or City under this Article 6 is without penalty to or further obligation of the County or City.
6.3 Termination Due to Additional Federal or State Legislation. Upon approval of Federal or State legislation that regulates non-CLIA laboratories, this MOU would immediately terminate.
Article 7
Indemnity and Defense
7.1 Mutual Indemnity. The City shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the performance or failure to perform by the City (or any of its officers, agents, subcontractors, or -5-
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25 employees) under this MOU. The County may conduct or participate in its own defense without affecting the City’s obligation to indemnify and hold harmless or defend the County. The County shall indemnify and hold harmless and defend the City (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, or employees) under this MOU. The City may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the City.
7.2 Survival. This Article 7 survives the termination of this MOU.
Public Records
8.1 Public Records. The County is not limited in any manner with respect to its public disclosure of this MOU or any record or data that the City may provide to the County. The County’s public disclosure of this MOU 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 MOU to the public or such governmental agency. (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 MOU, 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, section 54950).
(D) This MOU, 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, section 7920.000 et seq.) (“CPRA”). -6-
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25 (E) This MOU, 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.
8.2 Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the City’s possession or control, and which the County has a right, under any provision of this MOU or applicable law, to possess or control, then the County may demand, in writing, that the City deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the City. Within five business days after the County’s demand, the City shall (a) deliver to the County all of the requested records that are in the City’s possession or control, together with a written statement that the City, after conducting a diligent search, has produced all requested records that are in the City’s possession or control, or (b) provide to the County a written statement that the City, after conducting a diligent search, does not possess or control any of the requested records. The City shall cooperate with the County with respect to any County demand for such records. If the City 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 County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The City’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 days’ advance written notice to the City before disclosing any record subject to the City’s assertion of exemption from disclosure. The City shall indemnify the County for any courtordered award of costs or attorney’s fees under the CPRA that results from the City’s delay, -7-
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25 claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.
General Terms
9.1 Modification. Except as provided in Article 6, “Termination and Suspension,” this MOU 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 MOU except as expressly provided in this MOU.
9.2 Non-Assignment. Neither Party may assign its rights or delegate its obligations under this MOU without the prior written consent of the other Party.
9.3 Governing Law. The laws of the State of California govern all matters arising from or related to this MOU.
9.4 Jurisdiction and Venue. This MOU is signed and performed in Fresno County, California. City consents to California jurisdiction for actions arising from or related to this MOU, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
9.5 Construction. The final form of this MOU is the result of the Parties’ combined efforts. If anything in this MOU is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this MOU against either Party.
9.6 Days. Unless otherwise specified, “days” means calendar days.
9.7 Headings. The headings and section titles in this MOU are for convenience only and are not part of this MOU.
9.8 Severability. If anything in this MOU is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this MOU remains in effect, and the Parties shall make best efforts to replace the unlawful or unenforceable part of this MOU with lawful and enforceable terms intended to accomplish the Parties’ original intent.
9.9 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the City under this MOU on any one or more occasions is not a waiver of performance of any -8-
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25 continuing or other obligation of the City and does not prohibit enforcement by the County of any obligation on any other occasion.
9.10 Entire MOU. This MOU is the entire agreement between the Parties with respect to the subject matter of this MOU, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this MOU.
9.11 No Third-Party Beneficiaries. This MOU does not and is not intended to create any rights or obligations for any person or entity except for the Parties.
9.12 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 MOU.
(B) The individual signing this MOU on behalf of the City is duly authorized to do so and his or her signature on this MOU legally binds the City to the terms of this MOU.
9.13 Electronic Signatures. The Parties agree that this MOU 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 MOU 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 MOU (1) is deemed equivalent to a valid original handwritten signature of the person signing this MOU 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.
(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, section 1633.1 et seq.).
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25 (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 MOU is not conditioned upon the Parties conducting the transactions under it by electronic means and either Party may sign this MOU with an original handwritten signature.
9.14 Counterparts. This MOU may be signed in counterparts, each of which is an original, and all of which together constitute this MOU. [SIGNATURE PAGE FOLLOWS]
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25 The Parties are signing this MOU on the date stated in the introductory clause.
CITY OF KINGSBURG
_________________________________
Alexander Henderson, City Manager
1401 Draper St
Kingsburg, CA 93631
COUNTY OF FRESNO
_____________________________________
Paul Nerland, County Administrative Officer or
designee
RESOLUTION 2025-026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF FRESNO
AND THE CITY OF KINGSBURG TO ENFORCE FRESNO COUNTY INFECTIOUS MATERIALS
ORDINANCE IN THE CITY OF KINGSBURG
WHEREAS, the Fresno County Board of Supervisors adopted the Fresno County Infectious Materials Ordinance No. 24-002 (“Ordinance”) to establish a monitoring and inspection system to oversee privately funded laboratories that handle infections agents without oversight from an existing permitted public agency; and, WHEREAS, the Fresno County Ordinance only applies to the unincorporated area of Fresno County; however, Fresno County has offered a Memorandum of Understanding (MOU) to incorporated cities that will allow the County to enforce the Ordinance within the city limits of cities if the MOUD is executed and the City delegates authority to County to enforce the ordinance; and, WHEREAS, the City wishes to have the County ordinance enforced in the City of Kingsburg.
NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The Council hereby approves the Memorandum of Understanding between the County of Fresno and the City of Kingsburg, which is attached as Exhibit A, and incorporated by reference.
SECTION 3. The City Council authorizes the City Manager to execute the MOU.
SECTION 4. This resolution is effective upon adoption.
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 _____ day of May 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
______________________________
Abigail Palsgaard, City Clerk
1 ORDINANCE NO. 2025-03
AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 8.28 TO TITLE 8 OF THE KINGSBURG MUNICIPAL CODE RELATING TO INFECTIOUS MATERIALS.
The City Council of the City of Kingsburg does hereby ordain as follows:
Section 1. Chapter 8.28 is added to Title 8 for the Kingsburg Municipal Code as follows:
8.28.010 – Title. This chapter shall be known as the Kingsburg Infectious Materials Ordinance.
8.28.020 Fresno Chapter 8.52 of the Fresno County Ordinance Code is hereby incorporated County Ordinance by reference in its entirety into this Chapter 8.28 Enforcement of the Code provisions of this Chapter 8.28 are delegated to the applicable agencies of the County of Fresno.
Section 2. This ordinance shall be published in accordance with the provisions of California Government Code Section 36933.
Section 3. This Ordinance shall become effective thirty (30) days after adoption.
Passed and adopted by a regular meeting of the City Council of the City of Kingsburg, duly called and held on the _____ day of May, 2025 by the following vote:
Ayes: Council Member(s):
Noes: Council Member(s):
Absent: Council Member(s):
Abstain: Council Member(s):
APPROVED:
Brandon Pursell Jr., Mayor
ATTEST:
Abigail Palsgaard, City Clerk
2 STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF KINGSBURG )
I, Abigail Palsgaard, City Clerk of the City of Kingsburg do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Kingsburg on the ____ day of January, 2025, and it was duly passed and adopted at a regular meeting of said City Council held on the ______ day of February, 2025.
DATED: , 2025
Abigail Palsgaard, City Clerk
Board Agenda Item 41
DATE: January 9, 2024
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Conduct Second Hearing and Adoption of Amendment to the Ordinance Code of Fresno County, Adding 8.52, “Fresno County Infectious Materials Ordinance” to Title 8, “Health and Safety”
RECOMMENDED ACTION(S):
Conduct second hearing on and adopt an Ordinance related to infectious materials in Fresno County laboratories that do not fall under federal regulations 42 United States (USC) § 263a and 42 Code of Federal Regulations (CFR) § 493.
Approval of the recommended action will adopt the Ordinance which will enable the County to address the lack of federal regulation for laboratories that do not fall under current federal regulations. Should the recommended action be approved, the County would conduct onsite visits on private property to inspect and evaluate laboratories which are not regulated by Clinical Laboratory Improvement Amendments (CLIA). This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could choose not to adopt this ordinance, which would continue the loophole that exists with non-CLIA regulated labs and another Reedley lab could emerge in another area of Fresno County.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The cost of permitting and providing oversight of laboratories will be evaluated by the Department and a future Master Schedule of Fees update would be presented to your Board for consideration and to ensure that actual costs will be recovered for activities noted in the Ordinance.
DISCUSSION:
On December 12, 2023, your Board conducted the first hearing, waived the reading of the proposed Ordinance in its entirety, and set a second hearing for the recommended adoption of the proposed Ordinance for January 9, 2024.
The Ordinance, if adopted by your Board, will provide authority for the County to conduct onsite visits on private property and evaluate if laboratories that are not regulated by CLIA, 42 USC 263a and 42 CFR 493 are in compliance with Hazardous Materials laws and general applicable clinical laboratory safety requirements (e.g. medical waste, environmental controls, policy and procedures). This Ordinance will not apply to CLIA operated laboratories which include commercial laboratories (e.g. Quest, Lab Corp), doctors’ offices that obtain a CLIA license or waiver from CLIA, and/or clinics operating under a CLIA license or County of Fresno Page 1 File Number: 23-1234
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waiver from CLIA. The Department would operationalize a team from its Hazardous Materials program and its Public Health Laboratory. This team would conduct annual onsite visits to confirm compliance with hazardous materials and laboratory operations.
With your Board’s approval, the recommended ordinance will take effect 30 days thereafter.
REFERENCE MATERIAL:
BAI #6, December 12, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE
Ordinance
CAO ANALYST:
Ronald Alexander
County of Fresno Page 2 File Number: 23-1234
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28 BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CALIFORNIA
ORDINANCE NO. __________________
AN ORDINANCE ADOPTING CHAPTER 8.52 OF THE ORDINANCE CODE OF FRESNO COUNTY, “Fresno County Infectious Materials Ordinance.” The Board of Supervisors of the County of Fresno ordains as follows:
Section 1: Chapter 8.52 of the Ordinance Code of Fresno County, entitled “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE,” is adopted, as follows:
8.52.010 - Declaration of findings.
8.52.020 - Purpose.
The purpose of this chapter is to establish a monitoring and inspection system to oversee privately funded laboratories that handle infectious agents without oversight from an existing permitting public agency. This ordinance is to address an existing absence of federal and state legislative oversight over these businesses and activities specified herein.
8.52.030 - Area of application.
A. This ordinance shall apply to all non-Clinical Laboratory Improvement Amendments (CLIA) regulated laboratories and research and development businesses (as that term is defined in 42 USC §263a) located or operating within the geographic area in which the health department enforces state and local statutes, orders, quarantines, rules, regulations and ordinances relating to public health in the unincorporated area of Fresno County or within the incorporated area of any city within the county, to which cities have signed a memorandum of understanding that authorizes the County to conduct oversight of the laboratories.
B. In order to authorize the County of Fresno to enforce the provisions of this public safety ordinance in Incorporated cities within the County of Fresno, said cities must adopt the provisions of this ordinance delegating enforcement authority to the County of Fresno and must enter into a memorandum of understanding with the County of Fresno. Said 24-002
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28 memorandum of understanding shall include terms providing for the reimbursement of all costs incurred by the County of Fresno and not recouped by the fees developed by the County or other recovery actions, the assistance by city law enforcement, fire and emergency personnel when necessary, the prosecution when appropriate of violations of this Chapter by city attorneys in the relevant jurisdictions, and other matters as may be deemed necessary or appropriate by the parties.
8.52.040 - Definitions.
As used in this chapter:
A. "Clinical Laboratory Improvement Amendments (CLIA)" means language found in 42 USC 263a.
B. "CLIA Regulations" means language found at 42 CFR 493.
C. "Laboratory" means a facility for the biological, microbiological, serological, chemical, immunopharmacological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body or other type of materials from research and development processes for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings. These examinations also include a procedure to determine, measure, or otherwise describe the presence or absence of various substances or organisms in the body.
D. “Research Laboratories” means facilities performing research testing on human specimens that do not report patient-specific results, as described at 42 C.F.R. § 493.3(b)(2).
E. "Infectious Agents" means a microorganism (including, but not limited to, bacteria (including rickettsiae), viruses, fungi, or protozoa) or prion, whether naturally occurring, bioengineered, or artificial, or a component of such microorganism or prion that is capable of causing communicable disease in a human. 42 CFR 71.54.
F. "Hazardous Materials Certified Unified Program Agency (CUPA)” means a local agency certified by CalEPA to implement and enforce six state hazardous waste and hazardous materials regulatory management programs. See California Health and Safety Code Division 51 1
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G. "Medical Waste Permit" means a permit issued by the California Department of Public Health; Medical Waste Program under the Medical Waste Management Program as found in California Health & Safety Code 117915-117946.
H. "California Animal Use Permit Program" means the language found in The California Health and Safety Code Division 2, Chapter 5, commencing with Section 1650 and the California Code of Regulations Title 17, Chapter 2, Subchapter I, Group 5.
I. Cal/OSHA Guidelines means the language found in Title 8 of the California Code of Regulations section 5199, Aerosol Transmissible Diseases.
J. “Person” means any individual, association, partnership, firm or corporation.
8.52.050 - Permit for Operation Required.
A. All facilities meeting the definition of a laboratory or research laboratory not subject to CLIA law and regulations, shall be required to obtain a permit in the County of Fresno and any incorporated cities within the County having a memorandum of understanding with the County that authorizes the County to conduct oversight of the unregulated laboratories or research laboratories. The permit will allow the operation of the laboratory or research laboratory not subject to CLIA law and regulations and the handling, storage, testing or use of Infectious Agents as defined in this Ordinance. The County shall determine a reasonable fee to be charged to applicants and permittees to cover the cost of the issuance of the permit and the administrative costs of overseeing the monitoring and enforcement of this Chapter.
B. It is unlawful for any person, without first having obtained a permit from the health department, to engage in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations, in the County or any city that has signed a memorandum of understanding with the County.
C. It is unlawful for any person, currently engaging in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations on the effective date of this 52 1
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28 Ordinance in the County or any city that has signed a memorandum of understanding with the County to continue to engage in said business and activities without obtaining a permit from the health department, to engage in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations within ninety (90) days of the effective date of this Ordinance.
D. It is unlawful for any person, to engage in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations, in the County or any city that has signed a memorandum of understanding with the County under an expired, revoked or suspended permit issued by the County Department of Public Health pursuant to this Chapter, except that no person shall be guilty of a misdemeanor for violation of this Chapter for engaging in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations, in the County or any city that has signed a memorandum of understanding with the County under a revoked or suspended permit so long as the person is actively engaged in the appeal process set out in Section 8.52.065 of this Ordinance Code and has complied with all provisions of that section, including but not limited to ceasing operations in the case of a revoked permit, and compliance with any directions or order of the pubic health director or designee to immediately abate or correct any immediate danger to the public health or safety.
8.52.060 – Certificate of Inspection required.
A. All facilities meeting the definition of a laboratory or research laboratory not subject to CLIA law and regulations, shall be required to have an annual site visit by the County. The County shall determine a reasonable fee to be paid by permittees to cover the costs of the annual inspection, which must be paid within ten days of the date of the annual inspection.
B. It is unlawful for any person, without first having obtained a written certificate of inspection from the health department, to engage in the businesses and activities of a laboratory or research laboratory in the County or any city that has signed a memorandum of understanding with the County or to continue to engage in said business and activities without allowing a reasonable opportunity for the County Health Department to conduct the required inspections on an annual basis.
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28 C. The County shall evaluate applicability to Hazardous Materials CUPA, participation in the State’s Medical Waste Management Program, participation in the State’s Animal Use Permit Program, receive an inventory of chemicals and biological agents onsite, receive an inventory of safety protocols in management of biological agents including but not limited to testing methodologies, environmental controls, and safety equipment applicable annual certification.
Safety protocols in management of biological agents shall be consistent with Cal/OSHA Guidelines.
D. All facilities meeting the definition of a laboratory or research laboratory not subject to CLIA law and regulations must report to the County their operational plan and compliance with applicable federal, state, and local regulations.
E. County staff will assess and coordinate with and refer appropriate matters to any federal, state, or local agency to ensure compliance with existing federal, state, and local regulations.
8.52.065 - Permit suspension or revocation.
A. A permit or interim permit (90 days) may be suspended or revoked for a violation of the Fresno County Ordinance Code or state statutes, orders, quarantines, rules, and regulations.
Any business or activity for which a permit has been suspended shall cease operation and remain out of operation until the permit has been reinstated. Any business or activity for which a permit has been revoked shall cease operation and remain out of operation until a new permit has been issued.
B. 1. Whenever an enforcement officer finds that an applicant or a permitted business or activity is not in compliance, a written notice to comply shall be issued to the permittee or applicant.
2. If the permittee or applicant fails to comply, the enforcement officer shall issue to the permittee or applicant a notice setting forth the acts or omissions with which the permittee or applicant is charged and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be denied, suspended, or revoked. A written request for a hearing shall be made by the permittee or applicant within fifteen calendar days after receipt of the notice. Failure to request a hearing within fifteen calendar days after receipt of the 54 1
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28 notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the public health director or designee may order a hearing at any reasonable time within this fifteen-day period to expedite the permit denial, suspension or revocation process.
3. The hearing shall be held before the public health director or designee within fifteen calendar days of the receipt of a request for a hearing. Upon written request of the permittee or applicant, the public health director or designee may postpone any hearing date, if warranted.
C. The public health director or designee shall issue a written notice of decision to the permittee or applicant within five working days following the hearing. In the event of a denial, suspension or revocation, the notice shall specify the acts or omissions with which the permittee or applicant is charged, and shall state the terms of the denial or suspension or that the permit has been revoked.
D. 1. If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the public health director or designee may temporarily suspend the permit and order the business closed or activity to cease. Immediate danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause infection, poisoning, disease transmission, or hazardous condition.
2. Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the public health director or designee shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing.
3. At any time within fifteen calendar days after service of a notice pursuant to subdivision (2) of this subsection, the permittee may request in writing a hearing before the public health director or designee to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen calendar days of the receipt of a request for a hearing. A failure to request a hearing within fifteen calendar days shall be deemed a waiver of the right to such hearing.
E. The public health director or designee may, after providing opportunity for a hearing, 55 1
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28 modify, suspend or revoke a permit for serious or repeated violations of any state and local requirements or for interference in the performance of the duty of the enforcement officer.
F. A permit may be reinstated or a new permit issued if the public health director determines that conditions which prompted the suspension or revocation no longer exist. Applicable fees must be paid upon issuance of a new permit.
G. Permit modification, denial, suspension, or revocation may be appealed to the County Hearing Officer. A written request for an appeal hearing shall be made by the permittee or applicant within fifteen days of receipt of the notice of decision from the public health director.
H. Failure to request a hearing before the County Hearing Officer pursuant to subsection G of this section shall be deemed a waiver of the right to such hearing. If a hearing is timely requested, the County Hearing Officer may sustain, modify or reverse the decision of the public health director.
I. Any interested party, including the health officer, may appeal the decision of the County Hearing Officer to the board of supervisors by filing an appeal in writing with the clerk of the board of supervisors within fifteen days of the decision. Failure to request a hearing within fifteen calendar days shall be deemed a waiver of the right to such hearing. The board of supervisors may sustain, modify or reverse the decision of the County Hearing Officer. The board of supervisors' decision shall be final.
8.52.070 - Enforcement.
A. Any person authorized by the public health department to conduct inspections or to collect fees for any business or activity subject to this chapter shall have the authority and immunities of a public officer and employee as provided in Section 836.5 of the California Penal Code, to make arrests without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed an act in the officer's or employee's presence which is a violation of this chapter.
B. Violation of this Chapter is a misdemeanor, subject to a penalty of up to six months in jail and a fine of up to $1,000.00.
C. Violation of this Chapter is declared to be a public nuisance. 56 1
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28 D. Notwithstanding any other provision of this Ordinance Code, this Chapter may be enforced by levying a civil penalty of up to $1,000.00 per violation, each day that such violation exists constituting a separate violation.
E. Notwithstanding any other provision of this Ordinance Code this Chapter may be enforced by a civil action seeking injunctive relief, civil penalties, costs of abatement of non-compliant facilities, and/or costs of enforcement.
F. Notwithstanding any other provision of this Ordinance Code any costs of abatement of dangerous or non-compliant conditions that violate this Chapter may be recovered by the County through any procedure provided under this Ordinance Code or state law.
G. The remedies provided in this Section are not exclusive to other remedies or procedures that the County have authority under its ordinances or state law to pursue.
Section 2: This Ordinance shall take effect thirty (30) days after final passage. ///
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1 THE FOREGOING was passed and adopted by the following vote for the Board of Supervisors 2 of the County of Fresno this ~day of January , 2024, to-wit:
3 AYES: Supervisors Brandau, Magsig, Mendes, Pacheco, Quintero 4 NOES: None
5 ABSENT: None
6 ABSTAINED:None
7 8
g ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
12 By: ~
13 Deputy
FILE# 23-1234
14 15 AGENDA# 41
16 ORDINANCE# 24-002
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2 Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Alexander J. Henderson, ICMA-CM REVIEWED BY: AC AGENDA ITEM: Independence Day Celebration
ACTION REQUESTED: ___Ordinance ___Resolution _ __Motion ___Receive/File
EXECUTIVE SUMMARY
The community has traditionally celebrated Independence Day with a community event on July 3rd, hosted by the Chamber of Commerce. During the April 16 regular City Council meeting, Councilmember North (liaison to the Chamber of Commerce) reported that the Chamber Board of Directors voted at their April 8th meeting to not host the July 3rd Independence Day Celebration in 2025. As such, staff is presenting an overview of relevant considerations to guide the City Council’s decision on how to proceed with a fireworks display in 2025.
Included in your packet are the firework program options that were originally provided to the Chamber of Commerce. Staff has confirmed with the vendor, Pyro Spectaculars, that they can still provide a show on July 3rd for the quoted rates. Staff is seeking discussion and potential direction regarding the fireworks event, with the following considerations.
Costs & Operations
- For 2025, the Chamber has ~$14,000 in their Firework funds. The city annually contributes $5,000. - Music for the event is provided for ~$1,500.
- Council would need to allocate an additional $8,000 to cover 2025 costs. - Consideration of costs for future years.
Coordination
- City staff would be responsible for organizing event logistics, including working with the fireworks vendor, coordinating music, invocation, singer for the national anthem, as well as ordering trash cans, porta-potties and other event related activities.
- In addition, the city would be responsible for providing labor for parking, gate admission and clean-up the day after the event (if we choose to open the stadium). - Alternatively, the city could partner with a non-profit group that would provide the volunteers to staff the event, and in return would receive a portion of the revenue raised from parking, concessions, and gate entry fees.
- Public Safety activities by Police and Fire departments would be unchanged from a normal event year.
Chamber of Commerce representatives have indicated their willingness to work closely with the city or other group that would take on the responsibility of the Independence Day event. Previous year events charged $5 per car for parking, and $5 to enter the Bowl. The Chamber provided the following breakdown of revenues for the 2024 event:
Meeting Date: 05/07/2025
Agenda Item: 7
Income
Vendors $875.00 (Chamber charged a flat fee to participate) City Contribution $5,000.00
Donations $1,654.00
Gate Admissions $7,888.00
Parking $1,201.00
Total $16,618.00
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff is seeking discussion and potential direction from the Council regarding the Independence Day Celebration for 2025.
POLICY ALTERNATIVE(S)
1. N/A
REASON FOR RECOMMENDATION/KEY METRIC
1. Preserving the Kingsburg Experience
2. Financial Stability
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
None.
BACKGROUND INFORMATION
The community has traditionally celebrated Independence Day with a community event on July 3rd, hosted by the Chamber of Commerce. Pyro Spectaculars has performed the show for over 25 years, and has indicated willingness to continue at the originally quoted price.
The Chamber of Commerce has indicated challenges with getting enough volunteers to work the event, as well as ongoing challenges with funding the fireworks. Revenues collected from parking and the entry gate have not been enough to offset costs for the aerial show. For many years, private sponsorships collected in the community helped ensure the show would continue.
ATTACHMENTS
1. Pyro Spectaculars Quote for Service (Chamber Contract)
2. July 3rd Event Items to Complete (Provided by the Chamber of Commerce) FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
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: Alexander J. Henderson, ICMA-CM REVIEWED BY: SB AGENDA ITEM: Kingsburg Business Park Highway Commercial Sign Update ACTION REQUESTED: ___Ordinance ___Resolution _ __Motion ___Receive/File
EXECUTIVE SUMMARY
On June 24, 2024, the Finance Committee received an update in regard to the Business Park sign, which is now owned by the city. The Finance Committee provided directions to ensure that any possible improvement to the sign be covered by the cost of leases, including ongoing maintenance, utility costs, etc. The City’s Economic Development Committee, during their September meeting, made a recommendation to the Finance Committee to refurbish the existing sign without adding a digital component. This option was the least expensive of those explored and involves the least amount of ongoing costs (electricity, digital sign repair, etc.).
On October 28, 2024, the Finance Committee provided direction to staff to begin negotiating leases. Lease negotiations have included
• Size and number of panels desired
• Length of lease (2 or 3 year minimums are industry standard); possible reduction in overall lease amount with longer commitment.
• Annual Costs and security deposit
• Early termination language (business closing prior to term ending) • Sign change/maintenance responsibility
After several months, we have reached a near consensus on leases. On April 28, the Finance Committee made a recommendation to the City Council to approve the leases. City Attorney Mike Noland has reviewed and approved all forms of the leases. Staff is bringing this item to the City Council prior to the execution of all leases by the tenants in anticipation of their approval and desire to begin the project as soon as possible. Each tenant that has not signed has verbally accepted their respective lease language and are awaiting final signatures from corporate. Our sign consultant has held prices for several months, but is concerned about potential increases, including tariffs on materials.
As of the writing of this staff report, the status of the leases includes:
1. Valley Health Team (121 W. Sierra St.)
- They have committed to the top two (2) full panel spaces on the sign, and have agreed to a 3-year lease, paying the entire amount up front (5% discount). - They have agreed to the terms and have signed the lease.
Meeting Date: 05/07/2025
Agenda Item: 8
2. T-Mobile Customer Experience Center (333 W. Sierra St.) - Have committed to a single full panel with a 2-year lease, paying the entire amount up front (2.5% discount).
- Have agreed to the terms of the lease and we are waiting for the individual that can execute the document (expected early May).
3. Starbucks (301 W. Sierra St.)
- Have committed to a single full panel with a 2-year lease, paying the entire amount up front (2.5% discount).
- We are still negotiating final language details with their legal team.
4. Cheyanne’s Steakhouse & Lounge (505 Sierra St.)
- Have committed to a single full panel with a 2-year lease, electing to make monthly lease payments.
- Cheyanne’s is participating in the city’s façade grant program to offset some of the initial upfront costs.
- They have agreed to the terms and have signed the lease.
A-Plus Signs (Fresno) has provided costs associated with the design, manufacturing and installation of the signs. These costs are separate from the rent payments and are the responsibility of the tenants, as outlined in the lease terms. A-Plus will serve as the ongoing contracted vendor and would provide services as part of an on-call agreement with agreed upon rates.
If approved by council, staff will execute the leases and authorize the vendor to begin refurbishing the existing sign, which includes repainting the entire sign, refacing all the channel letters, replacing electrical components as needed. It will also include the installation of all new signage, as approved by the tenants. Work is expected to take approximately 6-8 weeks in total.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends the City Council authorize the City Manager to execute respective Business Park leases pending final lease review by the City attorney, and tenant signatures.
POLICY ALTERNATIVE(S)
1. Council could choose not to approve the leases at this time.
REASON FOR RECOMMENDATION/KEY METRIC
1. Community Safety
2. Preserving the Kingsburg Experience
3. Financial Stability
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
City staff has been working to unravel the ownership of the sign for several years, which has been complicated by non-responsive owners, selling of property in the Business Park and sign ownership history. The Economic Development Committee discussed this item during their June 5, 2024 and September 5, 2024 meetings. The Finance Committee last discussed the item on June 24, 2024, October 28, 2024, and April 28, 2025.
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
BACKGROUND INFORMATION
The current Business Park Highway Commercial sign was approved by the city’s Architectural Review Committee in 2004 and subsequently constructed. Originally, the Business Park created an LLC and Owner’s Association intended to assess and maintain certain areas of the Business Park, including the sign. However, the recession and other variables limited actual new development and fees were never collected. Eventually, the LLC went defunct, and the owners of the sign became absentee, with no significant maintenance undertaken.
As new developments and construction began to occur, tenants asked about advertising on the sign. City staff attempted on several occasions to make contact with previous owners, and only after initiating code enforcement were able to get a response. Ultimately, the original developers of the sign donated the sign to the city to avoid expenses related to the city’s code enforcement as required under the original conditions of approval.
Since taking possession, the city’s Economic Development Committee (ED) examined options to refurbish the sign and put it back into its intended use. This included exploring the option of digitizing a portion of the sign space. Staff has been in contact with several local sign manufacturers, with A-Plus Signs (Fresno) providing the most information and options for consideration. Representatives from A-Plus attended the June 5, 2024 Economic Development Committee meeting to answer questions and provide insight on market conditions.
The City’s Economic Development Committee made a recommendation to the Finance Committee to refurbish the existing sign without adding a digital component. This option was the least expensive of those explored and involves the least amount of ongoing costs (electricity, digital sign repair, etc.).
ATTACHMENTS
1. Business Park Sign Refurbishment (Existing Configuration) Quote
2. Sign Rendering with Tenants
3. Revenue & Expenditure Summary
4. Valley Health Team Lease
5. T-Mobile Lease
6. Starbucks Lease
7. Cheyanne’s Steakhouse and Lounge Lease
8. Power Point Presentation
A-Plus Signs
4270 N Brawley Ave
Fresno, CA, 93722- USA
Phone: (559)-275-0700 Fax: (559)-275-7482
Quote Submitted To:
CITYOFK003
Jolene Polyack
City of Kingsburg
1401 Draper St
Kingsburg, CA 93631- USA
Phone: (559) 284-2421
Fax:
Email
Job Name and Location
City of Kingsburg
Kingsburg Business Park
Highway 99
Kingsburg, CA 93631- USA
Ext.
77-0554955
Quotation Number
034074
Quote Date
9/16/2024
Contact
CP
Quantity Description Unit Price Extended Price
C.O.D.
Payment Terms Page
$84,470.00
Freestanding Refurb (opt.3D) - Repaint entire sign and reface all channel letters. Replace eletrical components as needed. Manufacture and install new tenant panels for existing double-sided freestanding sign. Remove letters reading "BUSINESS PARK". Does not include new aluminum skin to cover holes from letters. 1 $84,470.00
$0.00
It is the responsibility of the client to make sure electrical power matching specific needs of the signage is brought to sign location before installation. A-Plus Signs can attempt to connect to an existing power source if it is at install site of sign location. If the existing power source is not adequate or accessible, client will be responsible for contracting with a licensed electrician and any associated costs.
1 $0.00
Signature___________________Date:________
_____ Prices valid for 30 days, BASED ON REASONABLE ACCESS. Street Closure and traffic control are not included. Price is subject to a complete survey. _____Standard installation during normal working hours of 8:00 am to 5:00 pm, Monday through Friday. _____Does not include additional costs incurred due to unforeseen obstructions or soil conditions; or permits and engineering. _____50% deposit required. 40% due upon completion of fabrication. 10% balance at time of install. A-Plus Signs retains the right of ownership of said signage until balance is paid in full. 1 year warranty. (See warranty for full warranty details). _____ Price does not include any special inspections that may be required; including any required engineering. _____Production lead time begins when final art is approved, and city permit has been procuredPlease allow 10-12 weeks depending upon product availability. _____It is the responsibility of client to make sure electrical power matching specific needs of the signage be brought to sign location. _____Prices stated are the cash discount price which is offered for all customers who opto to pay with cash, check or money order. Credit card sales for purchases over $5,000.00 are billed at a standard rate which is 3.5% above the stated price for payments made via Visa card, MasterCard or Discover card. Customers choosing to pay with an American Express will be subject to a 4% increase.
Total: $86,971.79
Misc $0.00
Freight: $0.00
SalesTax: $2,501.79
NonTaxable: $0.00
City of Kingsburg
Thank You
Taxable: $84,470.00
For:
VHT Costs Two Cabinet Total (3 Years)
Cost Per Panel # of Panels Notes
Design/Install $ 9,590.00 2 $ 17,837.40 7% Discount offered by Sign Mnfct for 2 Panels Rent $ 1,300.00 $ 2.00 $ 88,920.00 5% Discount for upfront payment Security Deposit $ 4,000.00 $ 2.00 $ 8,000.00
Total $ 114,757.40
T-Mobile Costs One Cabinet Total (2 Years)
Cost Per Panel # of Panels Notes
Design/Install $ 9,590.00 1 $ 9,590.00
Rent $ 1,300.00 $ 1.00 $ 30,420.00 2.5% Discount for upfront payment Security Deposit $ 4,000.00 $ 1.00 $ 4,000.00
Total $ 44,010.00
Starbucks Costs One Cabinet Total (2 Years)
Cost Per Panel # of Panels Notes
Design/Install $ 9,590.00 1 $ 9,590.00
Rent $ 1,300.00 $ 1.00 $ 30,420.00 2.5% Discount for upfront payment Security Deposit $ 4,000.00 $ 1.00 $ 4,000.00
Total $ 44,010.00
Cheyanne Costs One Cabinet Total (2 Years)
Cost Per Panel # of Panels Notes
Design/Install $ 8,631.00 1 $ 8,631.00 *Façade Program
Rent $ 1,563.15 $ 1.00 $ 37,515.60
Security Deposit $ 4,000.00 $ 2.00 $ 2,000.00
Total $ 48,146.60
City Revenue (Rent Only)
VHT $ 88,920.00 *3 year Term
T-Mobile $ 30,420.00
Starbucks $ 30,420.00
Cheyannes $ 37,515.60
$ 187,275.60
City Costs One-Time Year 1 Year 2
Electrical Connectio $ 15,000.00
Electrical $ 6,000.00 $ 6,000.00
Refurbishment $ 87,000.00
Insurance $ 2,270.00 $ 2,270.00
Maint. (landscaping, Paint, etc.) $ 15,000.00 $ 15,000.00 Total $ 102,000.00 $ 23,270.00 $ 23,270.00
Remaining Fund Balance
Total 2- Year Costs $ 148,540.00 $ 38,735.60
2025-03-13
FREEWAY PYLON ADVERTISING SIGN LEASE AGREEMENT
THIS FREEWAY PYLON ADVERTISING SIGN LEASE AGREEMENT (“Lease”) made and entered into April 30, 2025 (“Effective Date”) by and between the City of Kingsburg, a Municipal City (“Lessor”) and Valley Health Team (“Lessee”).
RECITALS
A. Lessor is the owner of a freeway pylon advertising sign (“Sign”) as shown on Exhibit “A” which is attached hereto and made a part hereof. The Sign is made up of Five (5) separate identification cabinets for rental to third parties to advertise their businesses located in Kingsburg, California.
B. Lessee desires to lease from Lessor two separate full panels identification cabinets and Lessor desires to lease two separate full panels identification cabinets identified on Exhibit “B” (Cabinets”) to Lessee in accordance with the provisions of this Lease.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and intending to be legally bound, the parties hereto agree as follows.
1. Lease of Cabinets. Lessor leases to Lessee and Lessee leases from Lessor the Cabinets for the sole purpose of provided advertising Lessee’s businesses located in Kingsburg, California.
2. Rent. Lessee shall pay Lessor rent (“Rent”) for the Full Cabinets in the amount of Twenty Six Hundred Dollars ($2,600.00) per month due and payable on the first of each month for the first three (3) years of the Term of this Lease. The Rent shall be prorated for any partial month or year of the Term. Rent shall commence on the Initial Term Commencement Date as identified in Section 6 of this Lease. Lessee has elected to pay the total Rent for the Initial Term of three (3) years on the Effective Date. Therefore, Lessee will receive a five (5.0%) percent discount on the Rent due for the Initial Term of three (3) years. The total amount of Rent due for the Initial Term of three (3) year term shall be Eighty-eight thousand nine-hundred and twenty dollars ($88,920.00), not including the security deposit or initial Cabinets installation and design fees. Lessee shall be solely responsible for the initial costs associated with the design, manufacturing and installation of the Lessee’s Cabinets advertising signs. The design, manufacturing and installation costs are estimated to be Seventeen Thousand Eight Hundred Thirty Seven Dollars and Forty Cents ($17,837.40).
3. Late Charge. Lessee acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any amount of Rent due from Lessee is not received by Lessor on the date the Rent is due, Lessee shall pay to Lessor an additional sum of Ten Percent (10%) of the overdue Rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee.
Acceptance of any late charge shall not constitute a waiver of Lessee’s default with respect to the overdue amount, or prevent Lessor from exercising any of the other rights and remedies available to Lessor. The late charge shall be paid to Lessor on or by the 20th day of the month the same is due.
Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 2 4. Security Deposit. On the Effective Date, Lessee shall deposit with Lessor Eight Thousand Dollars ($8,000.00) as a security deposit (“Security Deposit”) for the performance by Lessee of the provisions of this Lease, including, without limitation, the estimate cost of removal of the Lessee’s Cabinets from the Sign upon termination of this Lease. If Lessee is in default, Lessor can use the security deposit, or any portion of it, to cure the default or to compensate Lessor for all costs and damages sustained by Lessor resulting from Lessee's default. Lessee shall immediately on demand, pay to Lessor a sum equal to the portion of the security deposit expended or applied by Lessor as provided in this Section so as to maintain the security deposit in the sum initially deposited with Lessor. If Lessee is not in default at the expiration or termination of this Lease, Lessor shall return the security deposit to Lessee. Lessor's obligations with respect to the security deposit are those of a debtor and not a trustee. Lessor can maintain the security deposit separate and apart from Lessor’s general funds or can co-mingle the security deposit with Lessor's general and other funds. Lessor shall not be required to pay Lessee interest on the security deposit.
5. Taxes. Lessor shall pay before delinquency, any and all taxes, including possessory interest taxes due to the applicable governmental agency related to the Sign and the Sign Premises (as defined below).
6. Lease Term. The initial term of this Lease (“Initial Term”) shall be for a period of Three (3) years, commencing on the date the Cabinets are installed on the Sign (“Initial Term Commencement Date”) and ending three (3) years after the Initial Term Commencement Date.
On the Initial Term Commencement Date, Lessor and Lessee shall sign a Memorandum of Lease Term and Dates in the form of Exhibit “C” which is attached hereto and made a part hereof.
Lessee is given the option to extend the initial term on all provisions contained in this Lease, for two years (2) years (each an “Extended Term”), following expiration of the initial term, by giving written notice of exercise of the option (“Option Notice”) to Lessor at least one hundred eighty (180) days before the expiration of the Initial Term. The rent shall be increased by 3% in each year of the extended term. Parties may negotiate potential discounts with final approvals considered by the Kingsburg City Council. Provided that, if Lessee is in default of this Lease on the date of giving the Option Notice, the Option Notice shall be totally ineffective and provided that if Lessee is in default on the date of commencement of any Extended Term, the Extended Term shall not commence and this Lease shall terminate. The Initial Term of this Lease and all Extended Terms are collectively referred to herein as “Term”.
7. Maintenance and Repair By Lessor. During the Term, Lessor shall, repair and maintain the Sign, the masonry, landscaping and irrigation system associated with the Sign and the land surrounding the Sign and the access easement to the Sign, including, without limitation, replacing and repairing all lighting on the Sign and the individual cabinets on the Sign. The land surrounding the Sign and the access easement to the Sign are herein after collectively referred to as the “Sign Premises”.
8. Lessee Advertising. On the Effective Date, Lessee shall deliver to Lessor a precise depiction of Lessee’s Cabinets including the text of the advertising Lessee intends to be placed into the Cabinets. Within ten (10) days after Lessor’s receipt of the advertising, Lessor shall, in Lessor’s sole discretion, approve or disapprove of Lessee’s advertising. Should Lessor disapprove Lessee’s advertising, Lessor shall advise Lessee of the revisions to Lessee’s advertising required by Lessor. Upon Lessor’s approval of Lessee’s advertising, Lessee shall take all necessary steps to install Lessee’s advertising in the Cabinets. Lessee shall use the sign company designated by the Lessor to perform the installation of Lessee’s advertising in the Cabinets and shall pay all costs and expenses associated with the installation of Lessee’s advertising in the Cabinets. Lessee’s failure to pay all the costs and expenses for the installation Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 3 of Lessee’s advertising as required by Lessor’s sign company shall constitute a material default by Lessee under this Agreement by Lessee. Should Lessee elect to alter or change the depiction of Lessee’s Cabinets and/or the text of the advertising placed in the Cabinets (collectively “Revised Cabinets”), Lessee shall comply with all of the provisions of this Section 8 before installation of the Revised Cabinets. Lessee shall be solely responsible for all costs and expenses associated with the Revised Cabinets.
9. Alterations To the Cabinets. Lessee shall not make any alterations or changes to its Cabinets without Lessor’s prior written consent, which consent may be withheld in the sole discretion of Lessor.
10. Utilities and Services. Lessor shall pay for all utilities and services furnished to and used for the operation of the Sign and Sign Premises including, without limitation, electricity and water for the Sign and the Sign Premises.
11. Insurance.
A. Fire Insurance:
1. Sign. Lessor shall, at all times during the Term, carry and maintain a policy or policies of standard fire insurance with extended coverage endorsement with vandalism and malicious mischief endorsements covering the Sign and all improvements on the Sign Premises in the amount representing not less than one hundred percent (100%) of the full replacement value of the Sign, said fire insurance policy to be issued in the name of the Lessor.
2. General Comprehensive Liability Insurance. At all times during the Term, Lessor shall maintain general comprehensive liability insurance, on an occurrence basis, including copyright and trademark infringement insurance coverage, media liability insurance coverage, advertising injury insurance coverage, and false advertising insurance coverage, with such limits as it deems necessary but not less than TWO MILLION DOLLARS ($2,000,000.00) for injury or death to one person; TWO MILLION DOLLARS (2,000,000.00) for injury or death to more than one person; and TWO MILLION DOLLARS ($2,000,000.00) against claims of third persons for property damage. Said insurance shall cover Lessor’s operation of the Sign and associated improvements and the Sign Premises.
12. Damage or Destruction of the Sign. If, during the term of this Lease, the Sign is damaged or totally or partially destroyed, then Lessor shall have the option either: (i) repair such damage, this Lease continuing in full force and effect, but the Rent proportionately reduced; or (ii) give notice to Lessee at any time within thirty (30) days after such damage, terminating this Lease as of the date specified in such notice, which date of termination shall be not less than thirty (30) days nor more than sixty (60) days after giving of such notice. In the event of giving of such notice, this Lease shall expire and all interest of Lessee in the Sign shall terminate on the date so specified in such notice and the Rent, reduced by any proportionate reduction, based upon the extent, if any, to which the damage interfered with the use of the Sign by Lessee, shall be paid up to date of such termination.
13. Indemnification. Lessee shall defend, indemnify and hold the Lessor and all appointed or elected officers, officials, committee members, employees, volunteers, and any affiliated, associated, or allied entities or bodies of, or as may be participated in by the Lessor, or as may now or hereinafter be constituted or established, harmless from all claims, actions, lawsuits, damage, losses and expenses, including attorney's fees arising from or in any way in connection with Lessee’s use of the Sign, the advertising placed on the Sign by Lessee and the Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 4 acts or omissions of Lessee and its contractors, agents, employees, representatives. The provisions of this Section 17 shall survive the termination of this Lease.
14. Assignment. Lessee shall not assign, mortgage, hypothecate or encumber its interest in this Lease or in the Sign, or sublease all or any part of the Cabinets, or allow any other person or entity or use all or any part of the Sign or the Cabinets, without first obtaining Lessor’s consent, which consent may be withheld in the sole discretion of Lessor. Any assignment, encumbrance, or sublease without Lessor's prior written consent, shall be voidable and at Lessor's election, shall constitute a default under this Lease. Consent to any assignment, encumbrance or sublease shall not operate as a waiver of the necessity for a consent to any subsequent assignment or subletting, and at the terms of such consent shall be binding upon any person holding by, under, or through Lessee.
If Lessee is a corporation, limited liability company or partnership, a withdrawal or change, voluntary, involuntary, or by operation of law of the persons or entities owning Fifty-One Percent (51%) or more of the entity or the dissolution of the entity, shall be deemed a voluntary assignment.
15. Default and Remedies.
A. Acts Constituting a Default. Any and all of the following actions shall constitute default of this Lease by Lessee:
1. Use of the Sign and Cabinets for any purpose other than as authorized in this Lease;
2. The failure by Lessee to make any payment of Rent or any other monetary amount required to be paid by Lessee hereunder, as and when due, where such failure shall continue for a period of three (3) days after the date of written notice thereof from Lessor to Lessee;
3. The failure by Lessee to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Lessee, other than as specified in 2. or 3. above, where such failure shall continue for a period of ten (10) days after the date of written notice thereof from Lessor to Lessee; provided, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee shall commence such cure within said ten (10) day period and thereafter diligently prosecute such cure to completion within thirty (30) days;
4. (i) The making by Lessee of any general assignment for the benefit of creditors; (ii) the filing by or against Lessee of a petition to have Lessee adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within thirty (30) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets or Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.
B. Remedies.
If Lessee commits a default Lessor shall have the following remedy which is not exclusive but are cumulative and in addition to any remedies now or hereafter allowed by law or elsewhere provided.
Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 5 1. Termination of Lessee's Right to Possession. Lessor may terminate Lessee's right to advertise on the Sign. No act by Lessor other than giving notice to Lessee shall terminate or cause a forfeiture of this Lease. Acts of maintenance, efforts to relet the Sign and Cabinets or the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to advertise on the Sign. On termination, Lessor has the right to recover from Lessee:
a. The worth, at the time of the award of the unpaid Rent that had been earned at the time of termination of this Lease;
b. The worth, at the time of the award of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds that amount of the loss of rent that Lessee proves could have been reasonably avoided;
c. The worth, at the time of the award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds that amount of the loss of rent Lessee proves could have been reasonably avoided; and
d. Any other amount, and court costs, necessary to
compensate Lessor for all detriment proximately caused by Lessee's default of this Lease or which in the ordinary course of things, would be likely to result therefrom.
"The worth at the time of the award" as used in a., b. and c. of this Section, is to be computed by allowing interest at the rate of Ten Percent (10%) per annum or the maximum amount allowed by law, whichever is greater. "The worth, at the time of the award", as referred to in c. of this paragraph, is to be computed by discounting the amount at the discount of the Federal Reserve Bank of San Francisco at the time of award, plus One Percent (1%).
C. Lessor Default. Lessor shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after the date of Lessor’s receipt of written notice of the default has been given by Lessee. If the default cannot be reasonably cured within thirty (30) days, Lessor shall not be in default of this Lease if Lessor commences to cure the default within thirty (30) days, and diligently and in good faith continues to cure the default.
16. Termination of Lease. Upon termination of this Lease for any reason, Lessor shall use amounts from the Security Deposit to pay the cost to remove the Cabinets from the Sign.
Should the amount of the Security Deposit available to Lessor on the date of termination of this Lease be insufficient to pay the total cost of removal of the Cabinets, Lessee shall reimburse Lessor that portion of the cost of removal of the Cabinets in excess of the amount of the Security Deposit. Lessee shall pay the total reimbursement amount to Lessor within ten (10) days after the date of Lessor’s invoice to Lessee identifying the reimbursement amount. The provisions of this Section 16 shall survive the termination of this Lease.
17. Notice. Except as otherwise 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 email if receipt is acknowledged by the addressee, one business day after being deposited for nextday delivery with a nationally recognized overnight delivery service, or three business day after being mailed by first class mail, charges and postage prepaid, property addressed to the party to Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 6 receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
(a) In the case of Lessor (b) In the case of Lessee
City of Kingsburg Valley Health Team, Inc.
Attn: Alexander Henderson Attn: Soyla A. Reyna-Griffin
1401 Draper Street PO Box 737
Kingsburg, CA 93631 San Joaquin, CA 93660
______________________
or such other address as Lessor or such other address as Lessee may from time to time to may from time to time to
furnish to Lessee furnish to Lessor
18. Waiver of Breach. Lessor's failure to take advantage of any default or breach of covenant on the part of Lessee shall not be, or be construed as a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this Lease be construed to be a waiver or to lessen the right of Lessor to insist upon the performance by Lessee of any term, covenant, or condition hereof, or to exercise any rights given him on account of any such default. A waiver of a particular breach, or default, shall not be deemed to be a waiver of the same or any other subsequent breach or default. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any default.
19. Surrender of Sign. Lessee shall, on the last day of the Term surrender the Cabinets to Lessor.
20. Holding Over. If Lessee holds over after the expiration or earlier termination of the Term, such possession shall be deemed a month-to-month tenancy, terminable on thirty (30) days' written notice given at any time by either party, and at the rental rate in effect upon the date of such expiration and otherwise upon the terms, covenants, and conditions herein specified, so far as applicable.
21. Time of Essence. Time is of the essence in the performance of each provision of this Lease.
22. Successors. Subject to the provisions of paragraph 14 of this Lease, this Lease shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto.
23. Invalidity. If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
24. Prior Agreements, Amendments. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to, except by an agreement in writing signed by the parties hereto or their respective successors in interest.
25. Attorney’s Fees. Should either party hereto institute any legal action to enforce any provision thereof, the prevailing party in such action shall be entitled to receive from the losing Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 7 party such amount as the court may adjudge to be reasonable attorney's fees. With respect to any suit, action or proceeding arising out of or related to this Lease, Lessor and Lessee submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California, for any proceeding arising thereunder.
26. Controlling Law. The validity, interpretation, and performance of this Lease shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Lease effective on the Effective Date set forth above.
LESSOR LESSEE
City of Kingsburg, Valley Health Team, Inc.
a Municipal Corporation
By: ______________________________ By: ______________________________ Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 5/2/2025
8 11140 – 315/Freeway Sign Cabinets Lease Agreement 2025-03-13 EXHIBIT “A”
Sign
Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 Valley Health Team—Urgent Care Facility
Kingsburg Pylon Signage on Highway 99
9 EXHIBIT “B”
Cabinets
Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11
10 EXHIBIT “C”
Memorandum of Lease Term and Dates
City of Kingsburg, a Municipal corporation as Lessor and Valley Health Team, Inc., as Lessee are parties to that certain Freeway Pylon Advertising Sign Lease Agreement dated April 30, 2025 (“Lease”). Unless otherwise specifically defined in this Memorandum, all capitalized terms used in this Memorandum shall have the same meanings as ascribed to them in the Lease. Lessor and Lessee agree as follows:
1. The Cabinets was installed on the Sign on ___________________, 2025.
2. The Initial Term of the Lease commenced on ___________________, 2025 and will end on _______________________________.
3. The Rent Commencement Date is ______________________, 2025.
4. If the Rent Commencement Date is other than the first day of the month, the Rent for the first month of the Initial Term will be a pro rata installment as provided for in the Lease. “LESSEE”
Valley Health Team, Inc.
By:____________________________________
Name: Soyla A. Reyna-Griffin
Title: Chief Executive Officer
“LESSOR”
CITY OF KINGSBURG,
a Municipal corporation
By:________________________________
Alexander J. Henderson, City Manager
Docusign Envelope ID: 656E0222-CA5C-44A6-8E2A-F760B80D5B11 2025-04-08
Lessor Revisions
1 FREEWAY PYLON ADVERTISING SIGN LEASE AGREEMENT
THIS FREEWAY PYLON ADVERTISING SIGN LEASE AGREEMENT (“Lease”) made and entered into ________________, 2025 (“Effective Date”) by and between the City of Kingsburg, a Municipal City (“Lessor”) and T-Mobile West LLC, a Delaware limited liability company (“Lessee”).
RECITALS
A. Lessor is the owner of a freeway pylon advertising sign (“Sign”) as shown on Exhibit “A” which is attached hereto and made a part hereof. The Sign is made up of Five (5) separate identification cabinets for rental to third parties to advertise their businesses located in Kingsburg, California.
B. Lessee desires to lease from Lessor a separate One (1) identification cabinet and Lessor desires to lease a separate One (1) identification cabinet identified on Exhibit “B” (Cabinet”) to Lessee in accordance with the provisions of this Lease.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and intending to be legally bound, the parties hereto agree as follows.
1. Lease of Cabinet. Lessor leases to Lessee and Lessee leases from Lessor the Cabinet for the sole purpose of provided advertising Lessee’s businesses located in Kingsburg, California.
2. Rent. Lessee shall pay Lessor rent (“Rent”) for the Cabinet in the amount of One Thousand Three Hundred Dollars ($1,300.00) per month due and payable on the first (1st) of each month for two (2) years of the Term of this Lease. The Rent for each subsequent Renewal Term after the second year of the Initial Term shall increase by three percent (3%) per year. The Rent shall be prorated for any partial year of the Term. Notwithstanding the foregoing: Lesse shall have the right to pay Lessor twenty-four (24) months of rent in advance on the Effective Date subject to a two and one-half percent (2.5%) discount (i.e., discounted rent amount $30,420).
3. Late Charge. Lessee acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any amount of Rent due from Lessee is not received by Lessor on the date the Rent is due, Lessee shall pay to Lessor an additional sum of Ten Percent (10%) of the overdue Rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee.
Acceptance of any late charge shall not constitute a waiver of Lessee’s default with respect to the overdue amount, or prevent Lessor from exercising any of the other rights and remedies available to Lessor. The late charge shall be paid to Lessor on or by the 20th day of the month the same is due.
4. Security Deposit. On the Effective Date, Lessee shall deposit with Lessor Four Thousand Dollars ($4,000.00) as a security deposit (“Security Deposit”). for the performance by Lessee of the provisions of this Lease, including, without limitation, the estimate cost of removal of the Lessee’s Cabinet from the Sign upon termination of this Lease. If Lessee is in default 2 beyond any applicable notice and cure period, Lessor can use the Security Deposit, or any portion of it, to cure the default or to compensate Lessor for all costs and damages sustained by Lessor resulting from Lessee's default. Lessee shall immediately on demand, pay to Lessor a sum equal to the portion of the Security Deposit expended or applied by Lessor as provided in this Section so as to maintain the Security Deposit in the sum initially deposited with Lessor. If Lessee is not in default beyond any applicable notice and cure period at the expiration or termination of this Lease and Lessee has paid to Lessor all amounts due to Lessor under Section 16 of this Lease, Lessor shall return the Security Deposit to Lessee within ten (10) days of the expiration or termination date. Lessor's obligations with respect to the Security Deposit are those of a debtor and not a trustee. Lessor can maintain the Security Deposit separate and apart from Lessor’s general funds or can co-mingle the Security Deposit with Lessor's general and other funds. Lessor shall not be required to pay Lessee interest on the Security Deposit.
5. Taxes. Lessor shall pay before delinquency, any and all taxes, including possessory interest taxes due to the applicable governmental agency related to the Sign and the Sign Premises (as defined below).
6. Lease Term. The initial term of this Lease (“Initial Term”) shall be for a period of two (2) years, commencing on the date Lessor installs Lessee’s sign on the Cabinet with back lighting operating or July 1, 2025, (whichever date is earlier, the “Commencement Date”) and ending 24-months after the Commencement Date. Lessee is given the option to extend the Initial Term on all provisions contained in this Lease, for Two (2) one (1) year terms (each an “Extended Term”), following expiration of the Initial Term, by giving written notice of exercise of the option (“Option Notice”) to Lessor at least one hundred eighty (180) days before the expiration of the Initial Term. Provided that, if Lessee is in default of this Lease on the date of giving the Option Notice beyond any applicable notice and cure period, the Option Notice shall be totally ineffective and provided that if Lessee is in default on the date of commencement of any Extended Term beyond any applicable notice and cure period, the Extended Term shall not commence and this Lease shall terminate. The Initial Term of this Lease and all Extended Terms are collectively referred to herein as “Term”.
7. Maintenance and Repair By Lessor. During the Term, Lessor shall, at its sole cost and expense repair and maintain the Sign, the masonry, landscaping and irrigation system associated with the Sign and the land surrounding the Sign and the access easement to the Sign, including, without limitation, replacing and repairing all lighting on the Sign and the individual cabinets on the Sign. The land surrounding the Sign and the access easement to the Sign are herein after collectively referred to as the “Sign Premises”.
8. Lessee Advertising. Prior to the Commencement Date, Lessee shall deliver to Lessor the specifications and artwork (the “Specs”) of Lessee’s Cabinet. Within ten (10) days after Lessor’s receipt of the Specs, Lessor shall, approve or disapprove of Lessee’s Specs, which approval shall not be unreasonably conditioned, delayed or withheld. Should Lessor disapprove of Lessee’s Specs, Lessor shall advise Lessee of the revisions to Lessee’s Specs as reasonably required by Lessor. Upon Lessor’s approval of the Specs, Lessee shall pay to Lessor all costs and expenses of the manufacture and installation of the Specs into the Cabinet not to exceed $9,590.00 within [10] days of Lessee’s receipt of the invoice. Upon Lessor’s receipt of Lessee’s payment, Lessor will proceed with the installation of the Specs into the Cabinet. Lessee’s failure to pay all the costs and expenses for the Installation of the Specs into the Cabinet shall constitute a material default by Lessee of this Agreement.
3 9. Alterations To the Cabinet. Lessee shall not make any alterations or changes to its Cabinet without Lessor’s prior written consent, which consent shall not be unreasonably conditioned, delayed or denied.
10. Utilities and Services. Lessor at its sole cost and expense shall pay for all utilities and services furnished to and used for the operation of the Sign and Sign Premises including, without limitation, electricity and water for the Sign and the Sign Premises.
11. Insurance.
A. Fire Insurance:
1. Sign. Lessor shall, at all times during the Term, carry and maintain a policy or policies of standard fire insurance with extended coverage endorsement with vandalism and malicious mischief endorsements covering the Sign and all improvements on the Sign Premises in the amount representing not less than one hundred percent (100%) of the full replacement value of the Sign, said fire insurance policy to be issued in the name of the Lessor.
2. General Comprehensive Liability Insurance. At all times during the Term, Lessor shall maintain general comprehensive liability insurance, on an occurrence basis, including copyright and trademark infringement insurance coverage, media liability insurance coverage, advertising injury insurance coverage, and false advertising insurance coverage, with such limits as it deems necessary but not less than TWO MILLION DOLLARS ($2,000,000.00) for injury or death to one person; TWO MILLION DOLLARS (2,000,000.00) for injury or death to more than one person; and TWO MILLION DOLLARS ($2,000,000.00) against claims of third persons for property damage. Said insurance shall cover Lessor’s operation of the Sign and associated improvements and the Sign Premises.
12. Damage or Destruction of the Sign. If, during the term of this Lease, the Sign is damaged or totally or partially destroyed, then Lessor shall have the option either: (i) repair such damage, this Lease continuing in full force and effect, but the Rent proportionately reduced; or (ii) give notice to Lessee at any time within thirty (30) days after such damage, terminating this Lease as of the date specified in such notice, which date of termination shall be not less than thirty (30) days nor more than sixty (60) days after giving of such notice. In the event of giving of such notice, this Lease shall expire and all interest of Lessee in the Sign shall terminate on the date so specified in such notice and the Rent, reduced by any proportionate reduction, based upon the extent, if any, to which the damage interfered with the use of the Sign by Lessee, shall be paid up to date of such termination.
13. Indemnification. Except to the extent caused by Lessor’s negligence or willful misconduct, Lessee shall defend, indemnify and hold the Lessor and all appointed or elected officers, officials, committee members, employees, volunteers, and any affiliated, associated, or allied entities or bodies of, or as may be participated in by the Lessor, or as may now or hereinafter be constituted or established, harmless from all third party claims, actions, lawsuits, damage, losses and expenses, including attorney's fees arising from or in any way in connection with Lessee’s use of the Sign, the advertising placed on the Sign by Lessee and the acts or omissions of Lessee and its contractors, agents, employees, representatives. The provisions of this Section 13 shall survive the termination of this Lease.
Except to the extent caused by Lessee’s negligence or willful misconduct, Lessor shall defend, indemnify and hold the Lessee and all its officers, shareholders, and employees, 4 harmless from all third party claims, actions, lawsuits, damage, losses and expenses, including attorney's fees arising from or in any way in connection with Lessor’s installation and maintenance of the Sign. The provisions of this Section 13 shall survive the termination of this Lease.
14. Assignment. Lessee shall not assign, mortgage, hypothecate or encumber its interest in this Lease or in the Sign, or sublease all or any part of the Cabinet, or allow any other person or entity or use all or any part of the Sign or the Cabinet, without first obtaining Lessor’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any assignment, encumbrance, or sublease without Lessor's prior written consent, shall be voidable and at Lessor's election, shall constitute a default under this Lease. Consent to any assignment, encumbrance or sublease shall not operate as a waiver of the necessity for a consent to any subsequent assignment or subletting, and at the terms of such consent shall be binding upon any person holding by, under, or through Lessee. Notwithstanding anything contained in this Lease to the contrary, Lessee may, directly or by operation of law, assign this Lease or sublet all or any portion of the Cabinet to any of the following (each, a “Permitted Transfer”) without Lessor’s consent: any parent, subsidiary, affiliate, division, or entity controlling, controlled by, or under common control with Lessee. As a condition to any approved assignment herein or Permitted Transfer, Lessee shall deliver to Lessor notice thereof within thirty (30) days of such Permitted Transfer, which notice shall include the name and contact information for the assignee.
Notwithstanding the terms and conditions of this Section 14, if an assignment or sublease of the Cabinet will result in a change in Lessee’s Specs, Lessor’s approval of any assignment or sublease of the Cabinet is conditioned upon and any Permitted Transfer shall not become effective until Lessee’s payment to Lessor of all costs and expenses of removing Lessee’s existing Specs from the Cabinet and the installation of the Specs of the assignee or sublessee into the Cabinet. Lessee shall pay such costs and expenses within ten (10) days after the date of Lessee’s receipt of Lessor’s invoice identifying the amount of such costs and expenses with respect to the Specs of the assignee or sublessee.
15. Default and Remedies.
A. Acts Constituting a Default. Any and all of the following actions shall constitute default of this Lease by Lessee:
1. Use of the Sign and Cabinet for any purpose other than as authorized in this Lease;
2. The failure by Lessee to make any payment of Rent or any other monetary amount required to be paid by Lessee hereunder, as and when due, where such failure shall continue for a period of five (5) days after the date of written notice thereof from Lessor to Lessee;
3. The failure by Lessee to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Lessee, other than as specified in 2 above, where such failure shall continue for a period of ten (10) days after the date of written notice thereof from Lessor to Lessee; provided, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee shall commence such cure within said ten (10) day period and thereafter diligently prosecute such cure to completion within thirty (30) days;
5 4. (i) The making by Lessee of any general assignment for the benefit of creditors; (ii) the filing by or against Lessee of a petition to have Lessee adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within thirty (30) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets or Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.
B. Remedies.
If Lessee commits a default Lessor shall have the following remedy which is not exclusive but are cumulative and in addition to any remedies now or hereafter allowed by law or elsewhere provided.
1. Termination of Lessee's Right to Possession. Lessor may terminate Lessee's right to advertise on the Sign. No act by Lessor other than giving notice to Lessee shall terminate or cause a forfeiture of this Lease. Acts of maintenance, efforts to relet the Sign and Cabinet or the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to advertise on the Sign. On termination, Lessor has the right to recover from Lessee:
a. The worth, at the time of the award of the unpaid Rent that had been earned at the time of termination of this Lease;
b. The worth, at the time of the award of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds that amount of the loss of rent that Lessee proves could have been reasonably avoided;
c. The worth, at the time of the award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds that amount of the loss of rent Lessee proves could have been reasonably avoided; and
d. Any other amount, and court costs, necessary to
compensate Lessor for all detriment proximately caused by Lessee's default of this Lease or which in the ordinary course of things, would be likely to result therefrom. "The worth at the time of the award" as used in a., b. and c. of this Section, is to be computed by allowing interest at the rate of Ten Percent (10%) per annum or the maximum amount allowed by law, whichever is greater. "The worth, at the time of the award", as referred to in c. of this paragraph, is to be computed by discounting the amount at the discount of the Federal Reserve Bank of San Francisco at the time of award, plus One Percent (1%).
C. Lessor Default. Lessor shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after the date of Lessor’s receipt of written notice of the default has been given by Lessee. If the default cannot be reasonably cured within thirty (30) days, Lessor shall not be in default of this Lease if Lessor commences to cure the default within thirty (30) days, and diligently and in good faith continues to cure the default. 6 16. Termination of Lease. Upon termination of this Lease for any reason, Lessor shall remove Lessee’s Specs from the Cabinet and promptly return Lessee’s Specs to Lessee. Lessee shall reimburse Lessor for the cost of removal of Lessee’s Sign from the Cabinet. Lessee shall pay the total reimbursement amount to Lessor within ten (10) days after the date of Lessor’s invoice to Lessee identifying the reimbursement amount. If Lessee fails to reimburse Lessor within such ten (10) day period, Lessor shall have the right to draw down such amount from the Security Deposit. The provisions of this Section 16 shall survive the termination of this Lease.
17. Notice. Except as otherwise 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, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business day after being mailed by first class mail, charges and postage prepaid, property 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:
(a) In the case of Lessor
City of Kingsburg
Attn: Alexander Henderson
1401 Draper Street
Kingsburg, CA 93631
or such other address as Lessor
may from time to time to
furnish to Lessee
(b) In case of Lessee:
T-Mobile West LLC
12920 SE 38th St.
Bellevue, WA 98006
Attn: National Lease Administration
With a mandatory copy to:
T-Mobile West LLC
12920 SE 38th St.
Bellevue, WA 98006
Attn: Managing Attorney – Real Estate
18. Waiver of Breach. Lessor's failure to take advantage of any default or breach of covenant on the part of Lessee shall not be, or be construed as a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this Lease be construed to be a waiver or to lessen the right of Lessor to insist upon the performance by Lessee of any term, covenant, or condition hereof, or to exercise any rights given him on account of any such default. A waiver of a particular breach, or default, shall not be deemed to be a waiver of the same or any other subsequent breach or default. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any default. 7 19. Intentionally Omitted.
20. Holding Over. If Lessee holds over after the expiration or earlier termination of the Term, such possession shall be deemed a month-to-month tenancy, terminable on thirty (30) days' written notice given at any time by either party, and at the rental rate in effect upon the date of such expiration and otherwise upon the terms, covenants, and conditions herein specified, so far as applicable.
21. Time of Essence. Time is of the essence in the performance of each provision of this Lease.
22. Successors. Subject to the provisions of paragraph 14 of this Lease, this Lease shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto.
23. Invalidity. If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
24. Prior Agreements, Amendments. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to, except by an agreement in writing signed by the parties hereto or their respective successors in interest.
25. Attorney’s Fees. Should either party hereto institute any legal action to enforce any provision thereof, the prevailing party in such action shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attorney's fees. With respect to any suit, action or proceeding arising out of or related to this Lease, Lessor and Lessee submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California, for any proceeding arising thereunder.
26. Controlling Law. The validity, interpretation, and performance of this Lease shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Lease effective on the Effective Date set forth above.
LESSOR LESSEE
City of Kingsburg, T-Mobile West LLC, a Delaware limited a Municipal Corporation liability company
By: _______________________________ By: ______________________________ Alexander J. Henderson, City Manager
11140 – 315/Kingsburg_CA_Freeway_Sign_Cabinet_Lease_Agreement_ (Lessor Revisions) 2025-04-08 8 EXHIBIT “A”
Sign
9 EXHIBIT “B”
Cabinet Artwork & Specifications
** - Lessee to approve shop drawings prior to fabrication of the cabinet 2025-04-11
Lessor Revisions
FREEWAY PYLON ADVERTISING SIGN LEASE AGREEMENT
THIS FREEWAY PYLON ADVERTISING SIGN LEASE AGREEMENT (“Lease”) made and entered into ________________, 2025 (“Effective Date”) by and between the City of Kingsburg, a Municipal City (“Lessor”) and Starbucks Corporation, a Washington corporation (“Lessee”).
RECITALS
A. Lessor is the owner of a freeway pylon advertising sign (“Sign”) as shown on Exhibit “A” which is attached hereto and made a part hereof. The Sign is made up of Five (5) separate identification cabinets for rental to third parties to advertise their businesses located in Kingsburg, California.
B. Lessee desires to lease from Lessor a separate full panel identification cabinet and Lessor desires to lease a separate full panel identification cabinet identified on Exhibit “B” (Cabinet”) to Lessee in accordance with the provisions of this Lease.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and intending to be legally bound, the parties hereto agree as follows.
1. Lease of Cabinet. Lessor leases to Lessee and Lessee leases from Lessor the Cabinet for the sole purpose of provided advertising Lessee’s businesses located in Kingsburg, California.
2. Rent. Lessee shall pay Lessor rent (“Rent”) for the Full Cabinet in the amount of Thirteen Hundred Dollars ($1,300.00) per month due and payable on the first of each month for the first two (2) years of the Term of this Lease. The Rent for each subsequent year after the second year of the Term shall increase by three percent (3%) per year. The Rent shall be prorated for any partial month or year of the Term. Rent shall commence on the Initial Term Commencement Date as identified in Section 6 of this Lease.
Lessee has elected to pay the total Rent for the Initial Term of two (2) years on the Effective Date. Therefore, Lessee will receive a two and one-half (2.5%) percent discount on the Rent due for the Initial Term of two (2) years. The total amount of Rent due on the Effective Date for the Initial Term of two (2) year is Thirty Thousand Four Hundred Twenty Dollars ($30,420.00), not including the security deposit or initial Cabinet installation and design fees. Lessee shall be solely responsible for the initial costs associated with the design, manufacturing and installation of the Lessee’s Cabinet advertising sign. Those costs are estimated at Nine Thousand Five Hundred and Ninety Dollars ($9,590.00).
3. Late Charge. Lessee acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any amount of Rent due from Lessee is not received by Lessor on the date the Rent is due, and continues for five (5) days after written notice from Landlord to Tenant, then Lessee shall pay to Lessor an additional sum of Ten Percent (10%) of the overdue Rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee’s default with respect to the overdue amount or prevent Lessor from exercising any of the other rights and remedies available to Lessor.
The late charge shall be paid to Lessor on or by the 20th day of the month the same is due. 2 4. Security Deposit. Within ten (10) business days of the Effective Date, Lessee shall deposit with Lessor Four thousand Dollars ($4,000.00) as a security deposit (“Security Deposit”) for the performance by Lessee of the provisions of this Lease, including, without limitation, the estimate cost of removal of the Lessee’s Cabinet from the Sign upon termination of this Lease. If Lessee is in default, Lessor can use the security deposit, or any portion of it, to cure the default or to compensate Lessor for all costs and damages sustained by Lessor resulting from Lessee's default. Lessee shall immediately on demand, pay to Lessor a sum equal to the portion of the security deposit expended or applied by Lessor as provided in this Section so as to maintain the security deposit in the sum initially deposited with Lessor. If Lessee is not in default at the expiration or termination of this Lease, Lessor shall return the security deposit to Lessee Lessor's obligations with respect to the security deposit are those of a debtor and not a trustee. Lessor can maintain the security deposit separate and apart from Lessor’s general funds or can co-mingle the security deposit with Lessor's general and other funds. Lessor shall not be required to pay Lessee interest on the security deposit.
5. Taxes. Lessor shall pay before delinquency, any and all taxes, including possessory interest taxes due to the applicable governmental agency related to the Sign and the Sign Premises (as defined below).
6. Lease Term. The initial term of this Lease (“Initial Term”) shall be for a period of Two (2) years, commencing on the date the Cabinet is installed on the Sign (“Initial Term Commencement Date”) and ending two (2) years after the Initial Term Commencement Date. On the Initial Term Commencement Date, Lessor and Lessee shall sign a Memorandum of Lease Term and Dates in the form of Exhibit “C” which is attached hereto and made a part hereof.
Lessee is given the option to extend the Initial Term on all provisions contained in this Lease, for two (2) additional two (2) year periods (each an “Extended Term”), following expiration of the Initial Term, by giving written notice of exercise of the option (“Option Notice”) to Lessor at least one hundred eighty (180) days before the expiration of the Initial Term. Provided that, if Lessee is in default of this Lease on the date of giving the Option Notice, the Option Notice shall be totally ineffective and provided that if Lessee is in default, beyond any applicable notice or cure period, on the date of commencement of any Extended Term, the Extended Term shall not commence and this Lease shall terminate. The Initial Term of this Lease and all Extended Terms are collectively referred to herein as “Term”.
7. Maintenance and Repair By Lessor. During the Term, Lessor shall, repair and maintain the Sign, the masonry, landscaping and irrigation system associated with the Sign and the land surrounding the Sign and the access easement to the Sign, including, without limitation, replacing and repairing all lighting on the Sign and the individual cabinets on the Sign. The land surrounding the Sign and the access easement to the Sign are herein after collectively referred to as the “Sign Premises”.
8. Lessee Advertising. Within ten (10) business days of the Effective Date, Lessee shall deliver to Lessor a precise depiction of Lessee’s Cabinet including the text of the advertising Lessee intends to be placed into the Cabinet (“Lessee Advertising”). The inclusion of Lessee’s Advertising in the Cabinet is conditioned upon Lessor’s approval of Lessee’s Advertising, which approval shall not be unreasonably withheld, conditioned or delayed. Lessor shall have ten (10) days after the date of receipt of Lessee’s Advertising to review Lessee’s Advertising. Upon Lessor’s approval of Lessee’s Advertising, Lessee shall take all necessary steps to install Lessee’s Advertising in the Cabinet. Lessee shall use the sign company designated by the Lessor to perform the installation of Lessee’s Advertising in the Cabinet and shall pay all costs and expenses associated with the installation of Lessee’s Advertising in the Cabinet. Lessee’s failure to pay all the costs and expenses for the installation of Lessee’s advertising as required by 3 Lessor’s sign company shall constitute a material default by Lessee under this Agreement by Lessee. Should Lessee elect to alter or change the depiction of Lessee’s Cabinet and/or the text of Lessee’s Advertising placed in the Cabinet (collectively “Revised Cabinet”), Lessee shall comply with all of the provisions of this Section 8 before installation of the Revised Cabinet.
Lessee shall be solely responsible for all costs and expenses associated with the Revised Cabinet. If Lessor does not approve Lessee’s Advertising for Lessee’s Cabinet, any prepaid Rent identified in Section 2 and the Security Deposit identified in Section 4 shall be reimbursed to Lessee within ten (10) business days after the date of Lessor’s disapproval and this Lease shall terminate. If Lessor does not approve the Revised Cabinet, Lessee may terminate this Lease and any prepaid rent shall be prorated as of the date of termination of this Lease and any prepaid rent applicable to the period of the Term after the date of termination of this Lease and any unused portion of the Security Deposit shall be returned to Lessee within ten (10) business days after the date of termination of this Lease.
9. Alterations To the Cabinet. Lessee shall not make any alterations or changes to its Cabinet without Lessor’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. If for any reason Lessor does not approve of Lessee’s alterations or changes to its Cabinet, then Lessee may terminate this Lease. Should Lessee terminate this Lease, any prepaid rent shall be prorated as of the date of termination of this Lease and any prepaid rent applicable to the period of the Term after the date of termination of this Lease and any unused portion of the Security Deposit shall be returned to Lessee within ten (10) business days after the date of termination of this Lease.
10. Utilities and Services. Lessor shall pay for all utilities and services furnished to and used for the operation of the Sign and Sign Premises including, without limitation, electricity and water for the Sign and the Sign Premises.
11. Insurance.
A. Fire Insurance:
1. Sign. Lessor shall, at all times during the Term, carry and maintain a policy or policies of standard fire insurance with extended coverage endorsement with vandalism and malicious mischief endorsements covering the Sign and all improvements on the Sign Premises in the amount representing not less than one hundred percent (100%) of the full replacement value of the Sign, said fire insurance policy to be issued in the name of the Lessor.
2. General Comprehensive Liability Insurance. At all times during the Term, Lessor shall maintain general comprehensive liability insurance, on an occurrence basis, including copyright and trademark infringement insurance coverage, media liability insurance coverage, advertising injury insurance coverage, and false advertising insurance coverage, with such limits as it deems necessary but not less than TWO MILLION DOLLARS ($2,000,000.00) for injury or death to one person; TWO MILLION DOLLARS (2,000,000.00) for injury or death to more than one person; and TWO MILLION DOLLARS ($2,000,000.00) against claims of third persons for property damage. Said insurance shall cover Lessor’s operation of the Sign and associated improvements and the Sign Premises.
12. Damage or Destruction of the Sign. If, during the term of this Lease, the Sign is damaged or totally or partially destroyed, then Lessor shall have the option either: (i) repair such damage, this Lease continuing in full force and effect, but the Rent proportionately reduced; or (ii) give notice to Lessee at any time within thirty (30) days after such damage, terminating this Lease as of the date specified in such notice, which date of termination shall be not less than thirty (30) days nor more than sixty (60) days after giving of such notice. In the event of giving of such notice, this Lease shall terminate and all interest of Lessee in the Sign shall terminate on 4 the date so specified in such notice and the Rent, reduced by any proportionate reduction, based upon the extent, if any, to which the damage interfered with the use of the Sign by Lessee, shall be paid up to date of such termination. Any prepaid Rent for the Term shall be prorated and any prepaid rent applicable to the period of the Term after the date of termination of this Lease shall be returned to Lessee within ten (10) business days after the date of termination of this Lease.
13. Indemnification. Lessee shall defend, indemnify and hold the Lessor and all appointed or elected officers, officials, committee members, employees, and any affiliated, associated, or allied entities or bodies of, or as may be participated in by the Lessor, or as may now or hereinafter be constituted or established, harmless from all claims, actions, lawsuits, damage, losses and expenses, including reasonable attorney's fees arising from or in any way in connection with Lessee’s use of the Sign, the advertising placed on the Sign by Lessee and the acts or omissions of Lessee and its contractors, agents, employees, representatives. The provisions of this Section 13 shall survive the termination of this Lease.
14. Assignment. Lessee shall not assign, mortgage, hypothecate or encumber its interest in this Lease or in the Sign, or sublease all or any part of the Cabinet, or allow any other person or entity or use all or any part of the Sign or the Cabinet, without first obtaining Lessor’s consent, which consent may be withheld in the sole discretion of Lessor. Any assignment, encumbrance, or sublease without Lessor's prior written consent, shall be voidable and at Lessor's election, shall constitute a default under this Lease. Consent to any assignment, encumbrance or sublease shall not operate as a waiver of the necessity for a consent to any subsequent assignment or subletting, and at the terms of such consent shall be binding upon any person holding by, under, or through Lessee.
For the purpose of this Lease, any sale or transfer of Lessee’s capital stock, redemption or issuance of additional stock of any class shall not be deemed an assignment, sublet or any other transfer of Lessee’s interest in this Lease.
15. Default and Remedies.
A. Acts Constituting a Default. Any and all of the following actions shall constitute default of this Lease by Lessee:
1. Use of the Sign and Cabinet for any purpose other than as authorized in this Lease;
2. The failure by Lessee to make any payment of Rent or any other monetary amount required to be paid by Lessee hereunder, as and when due, where such failure shall continue for a period of five (5) days after the date of written notice thereof from Lessor to Lessee;
3. The failure by Lessee to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Lessee, other than as specified in 2. or 3. above, where such failure shall continue for a period of ten (10) days after the date of written notice thereof from Lessor to Lessee; provided, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee shall commence such cure within said ten (10) day period and thereafter diligently prosecute such cure to completion within thirty (30) days;
4. (i) The making by Lessee of any general assignment for the benefit of creditors; (ii) the filing by or against Lessee of a petition to have Lessee adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the 5 case of a petition filed against Lessee, the same is dismissed within thirty (30) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets or Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.
B. Remedies.
If Lessee commits a default, Lessor shall have the following remedy which is not exclusive but are cumulative and in addition to any remedies now or hereafter allowed by law or elsewhere provided.
1. Termination of Lessee's Right to Possession. Lessor may terminate Lessee's right to advertise on the Sign. Lessee shall surrender possession of the Sign and Cabinet to Lessor within thirty (30) days after Lessee’s receipt of Lessor’s written notice of default.
No act by Lessor other than giving notice to Lessee shall terminate or cause a forfeiture of this Lease. Acts of maintenance, efforts to relet the Sign and Cabinet or the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to advertise on the Sign. On termination, Lessor has the right to recover from Lessee:
a. The worth, at the time of the award of the unpaid Rent that had been earned at the time of termination of this Lease;
b. The worth, at the time of the award of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds that amount of the loss of rent that Lessee proves could have been reasonably avoided;
c. The worth, at the time of the award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds that amount of the loss of rent Lessee proves could have been reasonably avoided; and d. Any other amount, and court costs, necessary to
compensate Lessor for all detriment proximately caused by Lessee's default of this Lease or which in the ordinary course of things, would be likely to result therefrom. "The worth at the time of the award" as used in a, b and c. of this Section, is to be computed by allowing interest at the rate of Ten Percent (10%) per annum or the maximum amount allowed by law, whichever is greater. " “The worth at the time of the award”, as referred to in c. of this paragraph, is to be computed by discounting the amount at the discount of the Federal Reserve Bank of San Francisco at the time of award, plus One Percent (1%).
C. Lessor Default. Lessor shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after the date of Lessor’s receipt of written notice of the default has been given by Lessee. If the default cannot be reasonably cured within thirty (30) days, Lessor shall not be in default of this Lease if Lessor commences to cure the default within thirty (30) days, and diligently and in good faith continues to cure the default.
16. Termination of Lease. Upon termination of this Lease for any reason, Lessor shall use the amounts from the Security Deposit to pay for the cost to remove Lessee’s Cabinet from the Sign. Should the amount of the Security Deposit available to Lessor on the date of termination 6 of this Lease be insufficient to pay the total cost of removal of the Cabinet, Lessee shall reimburse Lessor that portion of the cost of removal of the Cabinet in excess of the amount of the Security Deposit. Lessee shall pay the total reimbursement amount to Lessor within ten (10) days after the date of Lessor’s invoice to Lessee identifying the reimbursement amount. The provisions of this Section 16 shall survive the termination of this Lease.
17. Notice. Except as otherwise 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 email if receipt is acknowledged by the addressee, one business day after being deposited for nextday delivery with a nationally recognized overnight delivery service, or three business day after being mailed by first class mail, charges and postage prepaid, property 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:
(a) In the case of Lessor (b) In the case of Lessee
City of Kingsburg Starbucks Corporation
Attn: Alexander Henderson Attn: Financial Lease Admin. MS-RE3 1401 Draper Street RE: Store #82314 Hwy 99 & Sierra
Kingsburg, CA 93631 By mail: P.O. Box 35126
Seattle, WA 98124-5126
or by overnight mail:
2401 Utah Avenue South, Suite #800
Seattle, WA 98134
Email: [email protected]
or such other address as Lessor or such other address as Lessee may from time to time to may from time to time to
furnish to Lessee furnish to Lessor
18. Waiver of Breach. Lessor's failure to take advantage of any default or breach of covenant on the part of Lessee shall not be, or be construed as a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this Lease be construed to be a waiver or to lessen the right of Lessor to insist upon the performance by Lessee of any term, covenant, or condition hereof, or to exercise any rights given him on account of any such default. A waiver of a particular breach, or default, shall not be deemed to be a waiver of the same or any other subsequent breach or default. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any default.
19. Surrender of Sign. Lessee shall, on the last day of the Term surrender the Cabinet to Lessor.
20. Holding Over. If Lessee holds over after the expiration or earlier termination of the Term, such possession shall be deemed a month-to-month tenancy, terminable on thirty (30) days' written notice given at any time by either party, and at the rental rate in effect upon the date of such expiration and otherwise upon the terms, covenants, and conditions herein specified, so far as applicable.
21. Time of Essence. Time is of the essence in the performance of each provision of this Lease.
22. Successors. Subject to the provisions of paragraph 14 of this Lease, this Lease shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto. 7 23. Invalidity. If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
24. Prior Agreements, Amendments. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to, except by an agreement in writing signed by the parties hereto or their respective successors in interest.
25. Attorney’s Fees. Should either party hereto institute any legal action to enforce any provision thereof, the prevailing party in such action shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attorney's fees. With respect to any suit, action or proceeding arising out of or related to this Lease, Lessor and Lessee submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California, for any proceeding arising thereunder.
26. Controlling Law. The validity, interpretation, and performance of this Lease shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Lease effective on the Effective Date set forth above.
LESSOR LESSEE
City of Kingsburg, STARBUCKS CORPORATION,
a Municipal corporation a Washington corporation
By: ______________________________ By: ______________________________ 11140 – 315/Starbucks Lease/Starbucks Store #82314 Freeway Sign Cabinet Lease Agreement (Lessor Revisions) 2025-04-11 8 EXHIBIT “A”
Sign
9 EXHIBIT “B”
Cabinet
10 EXHIBIT “C”
Memorandum of Lease Term and Dates
City of Kingsburg, a Municipal corporation as Lessor and Starbucks Corporation, a Washington corporation, as Lessee are parties to that certain Freeway Pylon Advertising Sign Lease Agreement dated _________________, 2025 (“Lease”). Unless otherwise specifically defined in this Memorandum, all capitalized terms used in this Memorandum shall have the same meanings as ascribed to them in the Lease. Lessor and Lessee agree as follows:
1. The Cabinet was installed on the Sign on ___________________, 2025.
2. The Initial Term of the Lease commenced on ___________________, 2025 and will end on _______________________________.
3. The Rent Commencement Date is ______________________, 2025.
4. If the Rent Commencement Date is other than the first day of the month, the Rent for the first month of the Initial Term will be a pro rata installment as provided for in the Lease. “LESSEE”
Starbucks Corporation,
a Washington corporation
By:____________________________________
Name: _________________________________
Title: __________________________________
“LESSOR”
CITY OF KINGSBURG,
a Municipal corporation
By:________________________________
Alexander J. Henderson, City Manager
Kingsburg Business Park
Highway Commercial
Sign
Proposed Lease Agreements
Brief History
• Current sign was approved by the city’s Architectural Review Committee in 2004. Sign was installed in
2005 by private party.
• Initial intent was for private owners to assess and
maintain the sign and surrounding areas. Due to
several variables that did not happen.
• The LLC went defunct resulting in lack of
maintenance and non-operability of the sign.
• City staff has worked for ~8 years attempting to
unwind ownership and ultimately was able to get the
sign donated to the City in 2024.
Progress
• The Economic Development and Finance Committees
have discussed this item several times since the city
took ownership and recommended refurbishing the
sign.
• Explored several options to refurbish the sign,
including the possibility of adding digital component.
• Deemed too costly, recommendation was to refurbish
existing, with rental leases intended to finance those
costs.
• Staff received a quote from A+ Signs (Fresno) and have been negotiating leases.
• Began with Business Park Businesses, expanded to fill vacancy.
• Remove and dispose of existing channel letters
reading “Business Park”.
• Repaint entire sign and reface all channel
letters.
• Replace electrical components as needed.
• Manufacture and install new tenant panels for
existing double-sided freestanding sign.
• Sign has 4 tenants:
- Valley Health Team (top 2 rows)
- T-Mobile
- Starbucks
- Cheyanne’s Steakhouse & Lounge
Proposed Project
Current Leases
• Valley Health Team (121 W. Sierra Street)
Committed to top two panel spaces on the sign and have agreed to a 3-year lease agreement (payment up front)
• T-Mobile Customer Experience Center (333 W. Sierra Street) Committed to a single full panel with a 2-year lease
agreement (payment up front)
• Starbucks (301 W. Sierra Street)
Committed to a single full panel with a 2-year lease
agreement. (payment up front)
• Cheyanne’s Steakhouse & Lounge (505 Sierra Street)
Committed to a single full panel with a 2-year lease
agreement.
Proposed Leases
Revenue & Expenditure
Summary
Recommendation
Staff recommends the City Council authorize the City
Manager to execute respective Business Park leases
pending final lease review by the City attorney, and tenant signatures.