Fashion Fair Mall Expansion Traffic Impact Study, Fresno, California Responsible for performing traffic analyses and preparing the traffic impact study report for additions to the Fashion Fair Mall on Shaw Avenue east of State Route 41.
Branciforte Creek Bridge and Multi-Use Trail Lighting - Santa Cruz, California Responsible for design of bridge deck lighting and decorative pathway lighting for a bridge project over Branciforte Creek north of Soquel Avenue.
Railroad Safety Trail, Taft to Pepper - San Luis Obispo, California Responsible for electrical design between California Boulevard and Pepper Street, including bridge lighting and street lighting, for the proposed safety trail and bridge over the Union Pacific Railroad in San Luis Obispo, California. The design included preparation of an isolux diagram on the bridge deck to identify lighting levels and avoid dark areas.
Jaxon Enterprises Mine and Reclamation Expansion Traffic Impact Study, Merced County, California Project manager for traffic impact study for a proposed aggregate mining site.
Scarlet Solar Project Traffic Impact Study – Fresno County, California Responsible for the traffic impact study included in the environmental impact report for the Recurrent Energy Scarlet Solar Project on Manning Avenue in Fresno County, California. The project is a solar field covering more than 4,000 acres and a PG&E transmission line. The study included operational analyses and traffic index calculations primarily focused on construction phase activities, as well as an impact analysis of vehicle miles traveled.
Buford Truck Stop Traffic Impact Study – Fowler, California Responsible for the traffic impact study included in the environmental impact report for a truck stop on Manning Avenue adjacent to the State Route 99 interchange in Fowler, California. The project includes a truck stop with fueling for diesel trucks and automobiles, numerous truck parking areas, a truck scale, and several restaurants and commercial buildings.
Costco Shopping Center Traffic Impact Study – Hanford, California Responsible for the traffic impact study for a shopping center, including a Costco building, totaling approximately 500,000 square feet of building area located southwest of the intersection of State Route 43 and Lacey Boulevard. The study included analysis of 15 intersections and eight road segments (weekdays and weekends) with substantial Caltrans coordination. Caltrans required the construction of a roundabout, which was analyzed by Mr. Rowland and designed by Peters Engineering Group.
Plan Review - City of Fresno Bus Rapid Transit Project, Fresno, California Responsible for review traffic signal modification plans, electrical and communication plans, and fiber interconnect plans. Provided review comments to City staff and discussed comments with designers.
Plan Review - Traffic Signal Plans - Ellis Street and Country Club Drive, Madera County, California Responsible for review of traffic signal plans on behalf of County staff and providing comments to County staff for transmittal to the designer.
Plan Review - Traffic Signal Plans - Road 426 and Elementary School Driveway, Oakhurst, California Responsible for review of traffic signal plans on behalf of County staff and providing comments to County staff for transmittal to the designer.
Plan Review - Traffic Signal Plans - Road 426 and Elementary School Driveway, Oakhurst, California Responsible for review of traffic signal plans on behalf of County staff and providing comments to County staff for transmittal to the designer.
Akers Street Widening - Visalia, California
Project Manager for design of traffic signal modifications, street lighting, interconnect conduit, and freeway ramp metering facilities on Akers Street between Hillsdale and Cypress Avenues in Visalia, California.
QUINN VOSMERA, EIT
STAFF ENGINEER
Education and Qualifications
Fields of Special
Competence Grading and Drainage Design
Infrastructure Improvements
Education Bachelor of Science – Civil Engineering
California State University, Fresno, California
Registration Engineer in Training Certificate No. 172862- California Background
Mr. Vosmera has three years of experience in municipal civil engineering projects. Mr. Vosmera assists in the design and preparation of plans, specifications, and cost estimates for public works infrastructure projects that include street, sewer, storm drain, street lighting, and ADA ramp improvements.
Related Experience
Avenal Cut-off Roadway Improvements (Phase 2) – Kings County, California Mr. Vosmera served as staff engineer for roadway reconstruction and pavement delineation.
Responsibilities included preparation of design plans, projection specification and estimate of probable cost.
Golden State Blvd Bike/Pedestrian Path – Fowler, California Mr. Vosmera served as staff engineer for construction of an HMA bike and pedestrian trail from Clayton Ave to Manning Ave in Fowler. Responsibilities included preparation of design plans, projection specification and estimate of probable cost.
Dayton and Tulare Improvements – Tulare, California
Mr. Vosmera served as staff engineer for utility improvements, ADA construction, and roadway reconstruction. Responsibilities included preparation of design plans, design of underground storm drain and surface improvements, utility coordination, projection specification and estimate of probable cost.
Sycamore and San Joaquin Improvements – Tulare, California Mr. Vosmera served as staff engineer for ADA construction, and roadway reconstruction. Responsibilities included preparation of design plans, projection specification and estimate of probable cost.
Tulare Street Complete Streets – Fresno, California
Mr. Vosmera served as staff engineer for utility improvements, ADA construction, street lighting, pavement delineation and roadway reconstruction. Responsibilities included preparation of design plans, Quinn Vosmera, EIT
design of underground storm drain and surface improvements, utility coordination, projection specification and estimate of probable cost.
Avenal Cut-off Roadway Improvements (Phase 1) – Kings County, California Mr. Vosmera served as staff engineer for roadway reconstruction and pavement delineation.
Responsibilities included preparation of design plans, projection specification and estimate of probable cost.
12th & 18th Avenue Sidewalks – Kingsburg, California
Staff engineer for ADA construction. Responsibilities included preparation of design plans, projection specification and estimate of probable cost.
DANIEL AMEZOLA, EIT
STAFF ENGINEER
Education and Qualifications
Fields of Special
Competence Public Works Infrastructure
Education Bachelor of Science – Civil Engineering
California State University, Fullerton, California
Registration Engineer in Training Certificate No. 183809 - California Background
Mr. Amezola has one years of experience in municipal civil engineering projects. Mr. Amezola assists in preparing plans, specifications, and cost estimates for public works infrastructure projects that include street, sewer, storm water, and storm drainage improvements.
Related Experience
Highway City Improvements - Fresno, CA
Mr. Amezola served as staff engineer for roadway and utility improvements, ADA pathway construction, and roadway reconstruction. Duties included preparation of design plans, preparation of project specifications and estimate of probable cost.
Melhert / Warkentin Alley Improvements - Kingsburg, CA
Mr. Amezola is serving as staff engineer for the Melhert/Warkentin Alley Paving project in Kingsburg, CA. The project involves the paving of a half mile of residential alley. Duties include the preparation of plans, specifications, and an estimate for construction.
Clinton Avenue Widening - Fresno, CA
Mr. Amezola served as staff engineer and assisted in the preparation of improvement plans, specifications, and estimate for the Clinton Avenue Widening project. The project widened east and westbound Clinton Avenue between Marks Avenue and Brawley Avenue and included the addition of curb and gutter, concrete sidewalk and drive approaches, signing, and striping, and traffic signal modifications.
ANNIKA ROMO
STAFF ANALYST
Education and Qualifications
Education Bachelor of Science - Recreation Administration California State University, Fresno
Caltrans Local Assistance Coursework – Federal Aid Series 2017 Federal Environmental Requirements for Local Agency
Transportation Projects ‘OFF’ the State Highway System - 2021 Background
Mrs. Romo has over 9 years of experience in the assistance of administering engineering and construction projects. Mrs. Romo has assisted in the successful delivery of numerous federally-funded projects and has experience preparing and filing FHWA required paperwork. In addition, she assists in the grant writing process for agencies to take advantage of available federal, state, and local funding opportunities.
Related Experience
Sierra St & Bethel Ave Roundabout – Kingsburg, California | HSIP 5170 (061) Served as project administrator to assist with the preparation of documents required for federally-funded projects, including request for authorizations, environmental documents, right-of-way certification, and reimbursements invoices. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration.
12th Ave & 18th Ave Sidewalks – Kingsburg, California | CML 5170 (060) & (063) & (064) Served as project administrator to assist with the preparation of documents required for federally-funded projects, including request for authorizations, environmental documents, right-of-way certification, reimbursements invoices. These three projects were combined during the construction phase as one contract. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration.
Madsen Ave Rehabilitation: Stroud to Kamm – Kingsburg, California | RSTPL 5170 (065) Served as project administrator to assist with the preparation of the grant application, documents required for federally-funded projects, including request for authorizations, environmental documents, right-ofway certification, reimbursements invoices. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration.
ANNIKA ROMO
Adams Ave Rehabilitation, Phases 2 & 3 – Fowler, California | STPL 5173 (033) & (035) Served as project administrator to assist with the preparation of the grant application, documents required for federally-funded projects, including request for authorizations, environmental documents, right-ofway certification, reimbursements invoices. These two projects were combined during the construction phase as one contract. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration.
S. Fowler Avenue Sidewalks – Fowler, California | CML 5173 (034) Served as project administrator to assist with the preparation of the grant application, documents required for federally-funded projects, including request for authorizations, environmental documents, right-ofway certification, reimbursements invoices. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration
Golden State Blvd Bike / Ped Trail: Adams to Clayton – Fowler, California | ATPL 5173 (037) Served as project administrator to assist with the preparation of the grant application, documents required for federally-funded projects, including request for authorizations, environmental documents, right-ofway certification, reimbursements invoices. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration.
Mariposa Street Reconstruction– Kingsburg, California | CDBG #22391 Served as project administrator to assist with the preparation of documents required for CDBG-funded projects, including reimbursements invoices and project closeout documents. Mrs. Romo also assisted with the preparation of bid documents and construction contract administration.
Downtown Electric Vehicle Charging Stations – Kingsburg, California | CRP Funds Assisted with the preparation of the grant application for federal funds under the Carbon Reduction Program.
RRFB Crossing Enhancements – Kingsburg, California | CRP Funds Assisted with the preparation of the grant application for federal funds under the Carbon Reduction Program.
FY 22-23 Streets Project – Kingsburg, California | Local Funds Served as project administrator to assist with the preparation of bid documents and administration of the construction contract.
Downtown Parking Lots – Kingsburg, California | Local Funds Served as project administrator to assist with the preparation of bid documents and administration of the construction contract.
FY 23-24 Water Main Improvements – Kingsburg, California | Local Funds Served as project administrator to assist with the preparation of bid documents and administration of the construction contract.
CRISI Grant Application – Tulare, California
Assisted in the preparation of an application for funds under the Consolidated Rail Infrastructure and Safety Improvements program for the J St and Prosperity Ave Safety Enhancements project.
ESP Surveying, Inc. 2598 N. Miami Ave Fresno, California 93727 Phone (559) 442-0883 Fax (559) 442-0884 www.espls.com
Experience Summary:
Mr. Jordan has thirty-seven years of experience as a land surveyor on projects throughout the state of California. He is well versed on field procedures in several aspects of boundary, topography, construction and design. Projects include freeways, expressways, aqueducts, subdivisions, wastewater treatment plants and commercial developments. Mr. Jordan has performed design surveys and construction staking for state highways in the Caltrans transportation system. He is familiar with Caltrans Surveys Manual and staking methods. Mr.
Jordan also has ten years of experience as Project Surveyor and Task Order Manager, overseeing up to ten survey crews and 100 plus projects annually. His duties have included field crew scheduling, office personnel, billing, client meetings, contracts, and construction project management. Mr. Jordan was concurrently engaged over eighteen years in the Marine Corp Reserves (currently retired). This consisted of eight years as a heavy equipment operator and the remainder as an Engineer Officer (Chief Warrant Officer) in charge of Detachment ‘H’ 4th FSSG attached to 4th LAAM Battalion Fresno, CA.
Project Experience:
Traffic Signal Modifications at Dr. Martin Luther King, Jr. BLVD and San Joaquin Street, California Street, and Grant Street, Stockton, CA
Provide topographic survey for all four corners of each intersection. Our firm located sidewalk, curb, gutter, top pavement, utilities, vegetation, grade breaks. Our firm prepared a topographic map. Mr. Jordan is the Project Manager responsible for overseeing the field crew performing the surveying and monitoring project budget.
West Lane Traffic Responsive Signal Control System, Stockton, CA Prepare a topographic map at West Lane for the intersections of Enterprise St. NE, NW and SW corners, Bourbon St. NE, SE and SW corners, Bradford St. all four corners, and Harding Way NW, SW, and SE corners in Stockton, California. Locate sidewalk, curb, gutter, top pavement, utilities, vegetation, grade breaks, etc. within the limits of mapping. Our firm prepared a topographic map. Mr. Jordan is the Project Manager responsible for overseeing the field crew performing the surveying and monitoring project budget.
David Jordan: Project Manager
Education: Reedley College, General Education
Experience: 37 years
Experience with firm: 15 years
RESUMÉS
Patrick Boyd, ASLA
Principal Landscape Architect
PO Box 27616 Fresno, California 93729 | Phone: 559.472.9966 x102(w) 559.901.8647(m) | eMail: [email protected] Education:
Licensure:
Experience:
Technical Skills:
Professional:
BLA – Professional Landscape Architecture, Cal Poly, SLO, 1998
California Licensed Landscape Architect #4682
Designlab 252 – Principal Landscape Architect – 12 years Quad Knopf – A Private Multidisciplinary A&E Firm – 2 years California Department of Transportation (Caltrans) – 8 years General: High context planning skills to balance needs with space; Multi-generational design; Planting design for lush landscapes that meet strict water usage requirements;
MWELO documentation; design for minimum maintenance.
Specializations include: Transportation design; Interactive water play; design for dogs; creative play design; sustainable design.
American Society of Landscape Architects (ASLA), Member Historic Preservation Commission, City of Fresno, Chair Mr. Boyd is very familiar with work throughout the State of California in projects that have included all aspects of landscape architecture. His work experience over 20 years has made him a significant asset on multi-disciplinary teams. This deep experience working with other disciplines allows him to contribute throughout the design process and provide input that saves both project time and money. His reputation is for high design aesthetics delivered on time and on budget.
As Principal Landscape Architect at Designlab 252 Patrick has had the opportunity to be lead designer on many successfully completed and on-going State, regional, and local projects including: Veterans Boulevard and Trail, Fresno, CA; Eaton Plaza Master Plan, Fresno, CA; Courthouse Park, Fresno, CA; Herndon Avenue median, Fresno, CA; Various projects at the Fresno Chaffee Zoo (including the new Warthogs exhibit), Fresno, CA; Grundfos Water Conservation/Recovery Project, Fresno, CA; and many others.
MARK A. IMBRIANI, PE PRINCIPAL IN CHARGE / FUNDING
YEARS OF EXPERIENCE: 44 YEARS WITH TRC:25
EDUCATION: B.S., Civil Engineering, Case Institute of Technology, 1980 A.T.P. Program Training, Caltrans District 5; LAPM Week-long Training, Caltrans District 5; LAPM Chapter 10, Consultant Selection Training, Caltrans D5; Transportation Funding, Caltrans LTAP, Woodland, CA PROFESSIONAL REGISTRATIONS/CERTIFICATIONS:
Professional Engineer, California, (#36634), 1983
Mr. Imbriani is an expert in management, planning studies, grant application writing and engineering, value engineering, design, plans, specifications and construction estimates, scheduling, and construction management of bridge, railroad, bicycle, pedestrian and highway projects, with particular expertise in the application of FHWA, AREMA, AASHTO, and Caltrans design and construction policies and procedures. He serves as TRC’s state-wide project funding coordinator, which includes assisting clients in obtaining and maintaining eligibility for funding from numerous local, state and federal programs. Mr. Imbriani has prepared successful funding nominations for many projects. Funding sources include federal HBP and EDA; State ATP, SH190 Grade Separation, and Proposition 1B HRCSA, CMIA, and LBSRA; and local sales tax measure funding. He also prepares Local Assistance Procedures Manual funding paperwork required by the CTC and Caltrans to maintain clients’ eligibility to retain the funding they secure. He has been the lead in a design group that successfully prepared PSR’s, PR’s, and PS&E for dozens of local agency clients, state DOTs, light rail properties, and Class 1 Railroads, including freeways, highways, arterial roadways, bicycle/pedestrian multi-use trails, and local street and road projects.
REPRESENTATIVE PROJECT EXPERIENCE | All projects were completed while employed with TRC.
City of Visalia, State Route 198 / Plaza Drive Interchange Upgrade and Roadway Widening - Visalia, CA Mr. Imbriani served as Project Manager for the widening of the existing overcrossing, interchange ramp widening with retaining walls and terminus signalization for two off-ramps, and the widening of Plaza Drive. The PR and PS&E for this project included traffic studies, drainage studies, surveys, right of way engineering, landscape design along with roadway engineering for widening of this two-lane roadway to a four lane with landscape median and left-turn lanes. The entire corridor was improved with current ADA standards. Mr.
Imbriani assisted the City in obtaining an EDA Grant in the amount of $4 million dollars for road improvements within the City’s R/W and $7.8 million in Prop. 1B CMIA funds. TRC also prepared the Funding Allocation Request Package that was approved by the CTC. Project awards won include ASCE Project of the Year; APWA Project of the Year; and the TCAG Outstanding Economic Development Project.
City of Visalia, State Route 198 / Akers Street Interchange Improvements and Roadway Widening – Visalia, CA Mr. Imbriani served as Principal-In-Charge for the preliminary engineering work and PS&E services for the widening of Akers Street to include left turn lanes at the SR 198 interchange. The project included modifications at the SR 198 interchange and local road modifications. The TRC team provided traffic studies, surveys, right of way engineering, utility coordination, local and state agency coordination, roadway design, structure design, drainage design, traffic signal design, pavement delineation, and landscape design. Final PS&E was submitted, and the project constructed. TRC provided construction support services. Project awards won include the ASCE Fresno Branch Roadway / Highway Project of the Year award.
City of Visalia, Packwood Creek Culvert at Visalia Parkway - Visalia, California Mr. Imbriani served as Project Manager for the design of a new culvert crossing on Packwood Creek at Visalia MARK A. IMBRIANI, PE
TRCcompanies.com
Parkway. The new crossing was constructed to accommodate four through lanes and greatly improves traffic circulation to nearby parks, schools and commercial shopping centers. The structure consists of a Caltrans standard cast-in-place reinforced double box culvert with wingwalls. Final PS&E was prepared and the new culvert crossing was constructed. The project was locally funded by the City. This project won the TCAG Local Motion Outstanding Road Project of the Year award.
City of Hanford, Grangeville Boulevard / BNSF Grade Separation Study - Hanford, CA Mr. Imbriani served as Project Manager for the preparation of a Feasibility Report for a grade separation structure between the BNSF railroad and Grangeville Boulevard. It was recommended that an underpass configuration be the preferred alternative. A nomination package was prepared for SH190 funding.
City of Tulare, Santa Fe Bicycle / Pedestrian Grade Separated Trail Crossing – Tulare, CA Mr. Imbriani served as Structures Project Manager and Railroad Coordinator for this new 375-foot long by 14- foot wide, three-span, cast-in-place box girder bridge and approach structures. This project consisted of selecting an alignment and structure type, applying for funding, preparing the PS&E package, providing bid support, and seeing the project through to completion. Mr. Imbriani prepared the nomination package which resulted in the City obtaining $3.9 million of Proposition 1B HRCSA funding for this project. Project awards include: APWA Central California Chapter Project of the Year $5-$25M-Honorable Mention; ASCE 2017 Bikeways and Trails Project of the Year; and the TCAG Local Motion Bike/Pedestrian Project of the Year.
Fresno County, Fresno Canal Bridge Replacement at McKinley Avenue - Fresno, CA Mr. Imbriani served as Project Manager providing design services for the replacement of this two-span, structurally deficient, timber stringer bridge. The new bridge is a clear span precast / prestressed voided slab bridge with composite concrete topping slab and is approximately 10’ longer than the existing bridge to improve channel hydraulics and alleviate scour. The project was constructed, and construction support services were provided. Project awards won include ASCE San Francisco Section Outstanding Structural Engineering Project of the Year award and an ASCE Fresno Chapter Roadway/Highway Project of the Year award.
Tulare County, Avenue 428 Sand Creek Bridge Replacement - Orosi, CA Mr. Imbriani serves as Principal-In-Charge for replacing this three-span flat slab bridge with a new 75 ft. long, single-span cast-in-place, prestressed voided slab bridge. TRC prepared a life cycle cost analysis and report to justify replacement of the bridge to Caltrans. TRC is working with Tulare County staff who are responsible for roadway design. TRC has completed 95% design for the project.
Monterey County, Hartnell Road Bridge at Alisal Creek Replacement - Monterey County, CA Mr. Imbriani served as Project Manager for this two-span bridge that carries one lane of traffic in each direction.
TRC replaced this bridge with a double box culvert that is skewed at an approximate angle of 45 degrees to the roadway in order to facilitate the creek flow. This structure type provides the better hydraulic conveyance of the creek at a lower cost than would a flat slab bridge. 500’ of approach roadway was also designed. TRC prepared final PS&E documents, construction support and the project has been constructed.
City of Porterville, Jaye Street / Tule River Bridge Replacement - Porterville, CA Mr. Imbriani served as Project Manager for the rehabilitation study to determine whether this bridge can be widened and repaired or if it should be replaced. It was agreed that rehabilitation (widening) was the preferred and most cost-effective alternative. To transition the pathway underneath the bridge, retaining walls were added in-line with the south abutment. The retaining walls are supported on a pile foundation to match the abutments and included a gutter to carry drainage and a cable railing for safety. Final PS&E documents were prepared and TRC provided construction support services. Project awards won include ASCE Project of the Year at the Chapter, Section, and Regional Levels; and the TCAG Local Motion Outstanding Road Project of the Year.
NV5.COM | Beyond Engineering
CARLOS GARCIA
Construction Inspector
Carlos Garcia is a construction professional with more than 6 years’ experience. Carlos currently performs project management for multiple large projects across the Central Valley. He is proficient in leading and directing new projects with design, estimating and construction to guarantee a successful project.
Carlos is also experienced in Project Management, Quality Control, Managing large Budget contracts and Cost Forecasting, Estimating, Scheduling, Excel, Contract Negotiations.
Relevant Project Experience
CALIFORNIA HIGH SPEED RAIL AUTHORITY, CONSTRUCTION PACKAGE 4
WASCO, CA
Construction Inspector Construction of a 23-mile stretch bounded by a point approximately one mile north of the Tulare/Kern County Line at the terminus of Construction Package 2-3 and Poplar Avenue to the south. CP4 will include construction of at-grade, retained fill and aerial sections of the high-speed rail alignment, the relocation of four miles of existing BNSF tracks, construction of waterway and wildlife crossings, roadway reconstructions, roadway relocations, and roadway closures.
Responsibilities include oversite of all aspects of construction, preparation of progress payments, change orders, claims, job cost to complete projections.
I-5 RHMA OVERLAY. EA 06-0X2704 (D6 ON-CALL)
CALTRANS DISTRICT 6
Construction Inspector for this $26M overlay project. Project included Cold Planing, HMA Paving, RHMA Paving, RCP, and installation of box culvert.
Responsibilities include daily inspections and reporting of materials, equipment’s, and craftspeople used in various construction activities; ensuring traffic control devices are implemented per contract plans; preparing detailed quantity sheets for monthly progress payment; notifying Resident Engineer of potential change order work; forecasting and reporting quantity overruns; coordination between COZEEP and Contractor.
SR99 REHAB, MERCED COUNTY. EA 10-1C1704SR99
CALTRANS DISTRICT 10
Performed construction project management for this project. Project included resurfacing and restoration (2R) roadway rehabilitation project located on State Route 99 in Merced County in the City of Merced from 0.5 mile south of Childs Avenue to 0.8 mile south of the Franklin Road Overcrossing (PM R12.7/17.8). The project proposes to rehabilitate the existing roadway, The project also includes repairing, replacing, or upgrading
EDUCATION
Bachelor of Science in
Construction Management;
California State University,
Fresno, CA
EXPERIENCE
NV5: 3 year
TOTAL: 9 years
NV5.COM | Beyond Engineering
AC dikes and curbs, adding shoulder backing, upgrading and replacing metal beam guard rails and upgrading terminal sections, replacing existing drainage grates with bicycle proof grates (where needed), and placing approach/departure slabs.Performing daily inspection on the project to ensure project is constructed in compliance with plans and specifications. Responsibilities include conducting Owner weekly meetings and update schedules for contract compliance; analyze production problems and recommend solutions such as design changes and production methods; and prepare, estimate and submit cost proposals, negotiate contract change orders I-5 SANTA NELLA RHMA. EA 10-1C1704
CALTRANS DISTRICT 10
Performing construction project management for this 22 lane miles pavement rehabilitation project. Project included new RHMA overlay applied north and south bound from McCabe Road to the I5/SR152 junction to improvement roadway surface. Performing daily inspection on the project to ensure project is constructed in compliance with plans and specifications. Responsibilities included supervising and scheduling all construction activities to maintain the highest quality; manage material procurement and equipment rentals; identifying the risks and opportunities involved in all aspects of building a project; ensuring that all safety and environmental obligations are fully met.
CAMPUS PARKWAY SEGMENT 3
MERCED COUNTY
Performing construction project management for this project. Project constructed a four-lane expressway from SR99 to SR140 and extending to Yosemite Avenue, 5 bridges, a signalized intersection, and two roundabouts. The project also included full removal and reconstruction of 2.5-miles of a two-lane County road. Performing daily inspection on the project to ensure project is constructed in compliance with plans and specifications. Responsibilities included assisting with planning, scheduling, cost analysis; prepared Submittals, RFI, As-builts; managed Foreman daily productions and Subcontractor coordination; verify production quantities and review progress subcontractor payments
SR99 TURLOCK TO RIPON. EA 10-1C2904
CALTRANS DISTRICT 10
Performed construction inspection for this roadway rehabilitation project. Responsibilities include verify specifications are met; managing weekly safety meeting and discussing safety topics with Owner Representatives; composing change orders and presenting to management team for negotiations.
I-15 EXPRESS LANES, CORONA, CA
CALTRANS DISTRICT 8
Performed construction project management for this project. Responsibilities included conducting quality control inspections to verify specifications are met; managing weekly safety meeting and discussing safety topics with Owner Representatives; composing change orders and presenting to management team for negotiations City of Kingsburg 3%
To be determined
Peters Engineering Group
Surveying 12505 ESP Surveying | (559) 442-0883
2598 N. Miami Avenue, Fresno, CA. 93727
3.00 06/26/2025
David Peters 559-299-1544
President
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
LPP 13-01 May 8, 2013 No Lobbying Activities
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Rodnie Roberts, Fire Chief REVIEWED BY: AJH AGENDA ITEM: Adoption of Resolution to Participate in Listos OES Grant Program ACTION REQUESTED: ___Ordinance ___Resolution __ __Motion ____Receive/File
EXECUTIVE SUMMARY
The Listos California Grant Program supports community-based organizations and federally recognized tribes throughout California to ensure every Californian, regardless of age, ability, income, or language, has access to culturally competent outreach to prepare for earthquakes, floods, wildfires, and other hazards.
RECOMMENDED ACTION BY CITY COUNCIL
1. Adopt Resolution 2025-045 a Resolution of the Kingsburg City Council giving permission to Kingsburg Fire Department to apply and implement a LISTOS OES CERT grant program.
POLICY ALTERNATIVE(S)
1. Council could choose to not participate in the Listos OES Grant Program and deny the resolution.
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Community Engagement
3. Preserve the Kingsburg Experience
FINANCIAL INFORMATION
BACKGROUND INFORMATION
The City of Kingsburg has been participating in Listos OES Grants for the last three years. During a recent audit, the Kingsburg Fire Department was made aware that we did not have a resolution adopted by the city council to participate in the grant program. This is a formality, according to the auditor, and will not affect our past or future grant participation.
Listos grants have been a vital source of funding for our community CERT team. The grants covered the costs of part-time and contracted personnel to teach CERT members in CPR, search and rescue, and incident management.
Grants have also funded our cargo trailer, generators, cots, tents, and other essential equipment needed in an emergency.
ATTACHED INFORMATION
1. Resolution 2025-045
Meeting Date: 08/20/2025
Agenda Item: 8
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
RESOLUTION NO. 2025- 045
A RESOLUTION OF THE KINGSBURG CITY COUNCIL
GIVING PERMISSION TO KINGSBURG FIRE DEPARTMENT TO APPLY AND
IMPLEMENT A LISTOS OES CERT GRANT PROGRAM
WHEREAS the City of Kingsburg Fire Department seeks to implement a project entitled the Listos OES CERT Grant Program, which will be partially funded by the California Governor’s Office of Emergency Services (Cal OES); and
WHEREAS the grant funding will support efforts to expand community preparedness through the CERT (Community Emergency Response Team) program.
NOW, THEREFORE, BE IT RESOLVED that the City of Kingsburg hereby authorizes the Fire Chief of the City of Kingsburg Fire Department to submit an application for the Listos California CERT Grant Program to Cal OES, and to execute the associated Grant Subaward Agreement, including any future extensions or amendments, on behalf of the City of Kingsburg Fire Department;
BE IT FURTHER RESOLVED that any funds awarded under this resolution shall be used solely for the purposes outlined in the grant and shall not supplant existing expenditures otherwise governed by this body.
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the City Council of the City of Kingsburg passed and adopted the foregoing Resolution at a regular meeting hereof held on the ___ day of August 2025, by the following vote:
AYES: Council Member(s):
NOES: Council Member(s):
ABSTAIN: Council Member(s):
ABSENT: Council Member(s):
Abigail Palsgaard, City Clerk
City of Kingsburg
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Rodnie Roberts, Fire Chief REVIEWED BY: AP AGENDA ITEM: Surplus of 2007 Smeal Fire Engine.
ACTION REQUESTED: _____Ordinance _____Resolution ____Motion _______Receive/File
EXECUTIVE SUMMARY
The Fire Department requests surplus and sale of a 2007 Smeal fire engine that has served the community for the past three years. With 165,588 miles and our new fire engine arriving soon, this vehicle is no longer cost-effective to maintain. However, the Riverdale Volunteer Fire Department has expressed interest in acquiring the fire engine, indicating that it could still be used within their community.
The Riverdale Volunteer Fire Department responds to emergency incidents with limited budgets. We propose that they pay $1 for this vehicle. The City of Kingsburg has benefited from the generosity of various fire departments in the past through the donation of vehicles and equipment. It views this as an opportunity to pay that generosity forward to smaller departments.
VIN Number: 4S7AT2F907C056900
LICENSE PLATE: 1153931
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the surplus and sale of the 2007 Smeal Fire Engine to the Riverdale Volunteer Fire Department.
POLICY ALTERNATIVE(S)
1. The City Council may choose not to approve the surplus and sale of the fire engine, which would result in the department continuing to incur maintenance and insurance costs for these obsolete vehicles.
REASON FOR RECOMMENDATION/KEY METRIC
1. Approve the surplus and sale of the fire engine to support emergency response efforts in small communities.
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Financial Stability
3. Preserve the Kingsburg Experience
Meeting Date: 08/20/2025
Agenda Item: 9
FINANCIAL INFORMATION
FINANCIAL SUMMARY
PRIOR ACTION/REVIEW
BACKGROUND INFORMATION
This fire engine is one of two purchased from the Fresno Fire Department when the City of Kingsburg lacked a reliable reserve fire engine. With our new fire engine arriving and entering service in September, we no longer need this one.
ATTACHMENTS
1. Engine description.
2. Hold Harmless Agreement.
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
Inventory Number: 20701
Unit- E143
Vin Number: 4S7AT2F907C056900
License Plate: 1153931
Make: Smeal
Model: Fire Apparatus (engine)
Year: 2007
1 AGREEMENT FOR RELEASE OF EQUIPMENT
(2007 Smeal Fire Engine)
This Agreement is entered into between the City of Kingsburg (“City”) and the Riverdale Volunteer Fire Department, effective upon execution by both parties (“Effective Date”), with respect to the following Recitals, which are a substantive part of this Agreement:
RECITALS
A. The City of Kingsburg is discontinuing the use of a 2007 Smeal Fire Engine (“Equipment”), identified by the State of California Certificate of Title.
B. Recipient wishes to obtain, keep and use the Equipment and this Equipment was “As Is” with no warranty or expressed working condition.
NOW, THEREFORE, in consideration of the covenants contained herein, City and Recipient agree as follows:
1. Term and Termination; Contingent Upon Execution. This Agreement shall commence upon execution by City and Recipient and shall continue for so long as the Equipment is in use, except that Recipient’s Release obligations shall survive termination of this Agreement.
2. Relinquishment of Ownership. City hereby relinquishes ownership of the Equipment identified in the certificate of title to Recipient.
3. Release. Recipient agrees to release, hold harmless, defend and indemnify the City of Kingsburg, its Fire Department, and its officers, employees, agents, and volunteers from any and all claims, actions, and judgments, including all costs of defense and attorney’s fees incurred in defending against same, arising from and related to use of the Equipment occurring after the effective date of this Agreement (“Claims”).
Recipient acknowledges that City will have no control over the Equipment or Recipient’s decisions or determinations as they may relate to the Equipment. Therefore, Recipient agrees that this Release applies even if the Claims are caused by the negligence or carelessness on the part of City, its officers, employees, agents, or volunteers.
3. Compliance with Local Laws. Recipient agrees that it will maintain the Equipment consistent with manufacturers’ specifications and otherwise comply with all laws relating to the use of the Equipment, in accordance with the laws of the jurisdiction where Recipient resides.
4. Authority. The undersigned represent that they have the authority to sign this Agreement on behalf of, and bind, their respective entities.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF KINGSBURG
By: ____________________________
Rodnie Roberts
Fire Chief, City of Kingsburg
Date: __________________________
RECIPIENT
By:___________________________________
Representative
Riverdale Volunteer Fire Department
Date: __________________________
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, & City Council
REPORT FROM: Rodnie Roberts, Fire Chief REVIEWED BY: AJH AGENDA ITEM: Fire – Authorize an Automatic Aid Agreement Between the City of Kingsburg and Tulare County Fire Department.
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
This is a standard and customary automatic aid agreement between the City of Kingsburg Fire Department and Tulare County Fire Department. The Kingsburg Fire Department has had agreements with Fresno and Tulare County Fire Departments for over 20 years.
This agreement explicitly defines the areas of service by geographical boundary, the number of resources, liability, certification levels of providers, resource availability, levels of responsibility during emergency incidents, and how those responsibilities are transferred in times of emergency. It further defines that automatic aid has no intended financial impact on either entity and shares the responsibility of the cost of mitigation through the sharing of resources and personnel only. Mutual aid is also defined within the contract and has identical parameters for sharing personnel and resources with no financial impact.
The agreement has been reviewed and approved by the City attorney.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve an automatic aid agreement between the City of Kingsburg and Tulare County Fire Department.
POLICY ALTERNATIVE(S)
1. The City Council could choose not to support the proposed agreement; however, this would require the fire department to request additional resources from the Tulare County Fire Department using state master mutual aid. This will add extra time for the approval of each request and is not guaranteed.
STRATEGIC GOAL(S) MET:
1. Community Safety
FINANCIAL INFORMATION
BACKGROUND INFORMATION
These agreements are usual and customary throughout California Fire and Emergency Services. These agreements Meeting Date: 08/20/2025
Agenda Item: 10
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
have been in place for over 20 years, and the City of Kingsburg already has agreements with other cities and county fire departments. This Automatic Aid Agreement provides a valuable public safety service by providing rapid dispatch of the closest fire resource to life-threatening emergencies or fires where City of Kingsburg Fire Department resources are not the closest or are committed to another emergency incident.
This agreement provides the necessary coverage to the city to possibly improve the provision of emergency services for the citizens of Kingsburg.
ATTACHED INFORMATION
1. Agreement for Automatic Aid Agreement Between the City of Kingsburg and Tulare County Fire Departments.
1 COOPERATIVE FIRE PROTECTION AGREEMENT
Between
COUNTY OF TULARE
And
CITY OF KINGSBURG
THIS AGREEMENT is made and entered into on the 13th day of October 2025, by and between the City of Kingsburg, a municipal corporation, hereinafter called "KINGSBURG" and the County of Tulare, a political subdivision of the State of California, hereinafter called "COUNTY".
WHEREAS, pursuant to Government Code section 6500 et seq., and Health and Safety Code section 13050, the COUNTY and CITY desire to render aid to each other in combating fires when such aid is necessary; and
WHEREAS, pursuant to Government Code sections 6502 and 55632, and Health and Safety Code section 13050 et seq., the parties have the common power to provide fire protection services and desire to jointly exercise said power through an agreement which would allow assistance; and WHEREAS, the purpose of this Agreement is to provide for the rendering of assistance whenever fires or emergency incidents may occur within certain areas of the jurisdictions of the parties which, due to the location, or size of the fires, or other emergency incidents, such fires or emergency incidents cannot be adequately responded to and handled by the fire department of the party having jurisdiction without additional assistance; and
NOW THEREFORE, the parties hereto mutually agree as follows:
1. DEFINITIONS: Unless the particular provisions or context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words used in this Agreement.
• "Fire Protection Services" shall mean fire-fighting capacity to contain, control, and extinguish fires, and shall include first aid. and rescue services. • "Agency Having Jurisdiction" shall mean the Agency with Jurisdiction over the territory where the fire or incident occurs.
• "Requesting Party" shall mean any party to this Agreement that requests fire protection services within the Agency Having Jurisdiction (AHJ) from the other party to this Agreement. • "Responding Party" shall mean any party to this Agreement that receives a request for fire protection services within the jurisdiction of the requesting party. • "Unit" shall mean an engine company including apparatus, equipment and personnel. • "Closest available resources" shall mean any participating fire agency's fire-fighting apparatus that is nearest in proximity to the location of the emergency activity.
2 • "Automatic Aid" shall mean the parties actions, when due notice is received, to assist each other with fire, rescue and medical responses and as identified in this Agreement and (Exhibit A).
2. GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County and Fresno County, California.
3. DISPUTE RESOLUTION: If a dispute arises out of or relating to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties; otherwise, each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within 30 days, either party may pursue litigation to resolve the dispute.
4. CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
5. HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
6. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
7. ASSURANCES OF NON-DISCRIMINATION: CITY/COUNTY shall not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.
8. FURNISHING OF FIRE PROTECTION SERVICES: The party with the nearest available Unit shall furnish fire protection services and medical aids within the "automatic aid" area of the party requesting such service pursuant to the following provisions. (a) The respective Fire Chiefs of the parties shall determine the specific details of providing the services under the terms as specified in this Agreement. It is understood that all Standard Response Plans, which deal with fire protection services, shall adhere as closely as practical to the "closest available Unit".
(b) The parties agree to provide an automatic Fire Response as follows:
KINGSBURG will respond one (1) Unit to the COUNTY as part of the COUNTY'S Standard Response Plan (Exhibit C) and the COUNTY shall reciprocate by responding one (1) Unit to KINGSBURG as part of Kingsburg's Standard Response Plan (Exhibit D).
3 (c) Both parties agree to release, as is practical, the other party's resources at the earliest opportunity from any incident to which they respond. The determination of resource need shall be at the sole discretion of the Officer-In-Charge concept, which forms the basis for this Agreement. (d) The parties agree to that, because KINGSBURG currently has an agreement with the Ambulance Providers Association of Tulare County to provide pre-hospital emergency medical aid within a designated area in Tulare County, when KINGSBURG's ambulance is responding into the COUNTY area and the COUNTY's first in Unit is not available, KINGSBURG will not respond a Fire Unit automatically, but will respond a Fire Unit upon the request of the KINGSBURG ambulance unit that is responding to the County area.
(e) The territories covered by this Agreement are the city limits of Kingsburg and the territory of the County of Tulare as defined in (Exhibit B). (f) The party which has primary jurisdiction for fire protection in the area involved will direct all operations and support activities and request additional assistance as is needed; however, it is provided that the first arriving unit from either the County or the City will take initial action to protect life and property.
(g) When either party hereto responds to incidents outside its jurisdiction, the agency with primary responsibility will provide an officer of its department who will supervise and direct activities and assume responsibility for releasing any fire company from the scene. (h) Except as may be provided by separate written agreement between the parties hereto, the assurance of Automatic Aid set forth herein shall constitute the sole consideration for the performance hereof, and neither party shall be obligated to reimburse the other party, or for any use of material, damage to equipment, or liability incurred, which may occur in the course of rendering the fire protection services herein provided for.
(i) Nothing contained herein shall be construed as a contract law or equity for the benefit of any third party, which may be affected by the Agreement. (j) Nothing contained herein shall affect either party's responsibility to provide worker's compensation insurance or protection for its employees. (k) This Agreement shall replace all previous fire protection service agreements made between CITY and COUNTY. This is a furtherance of the "California Disaster and Civil Defense Master Mutual Aid Agreement".
9. COUNTY STANDARDS: In rendering of fire protection services by the COUNTY, the standards of performance including all work, the assignment and discipline of personnel, and other matters incidental to the performance of such services and the control of personnel so employed, shall remain with the County Fire Chief. In the event of a dispute between the parties concerning the extent of the duties and functions to be rendered by the County under this Agreement or the level or manner of performance of such duties and functions, the determination made by the County Fire Chief shall be final and conclusive.
10. CITY STANDARDS: In rendering of fire protection services by the CITY, the standards of performance including all work, the assignment and discipline of personnel, and other matters incidental to the performance of such services and the control of personnel so employed, shall remain with the CITY.
4 In the event of a dispute between the parties concerning the extent of the duties and functions to be rendered by the CITY under this Agreement or the level of manner of performance of such duties and functions, the determination made by the CITY shall be final and conclusive.
11. EMPLOYEE STATUS: No officers, agents, employees or volunteers of the Tulare County Fire Department shall be deemed to be CITY employees or have any CITY pension, civil service, or any status or right with regard to the CITY. No officers, agents, employees or volunteers of the CITY Fire Department shall be deemed to be COUNTY employees or have any COUNTY pension, civil service, or any status or right with regard to the COUNTY.
12. TERMINATION:
(a) Without Cause: Each party will have the right to terminate this Agreement without cause by giving ninety (90) days prior written notice to the other party of intention to terminate pursuant to this provision, specifying the date of termination.
(b) With Cause: This agreement may be terminated by either party upon the default of the other party, such termination to be effective thirty (30) days after the date of the written notice of termination to the defaulting party. Default occurs upon the failure of a party to remedy a default under the terms of this Agreement within Thirty (30) days after the date of the written notice from the non-defaulting party to the defaulting party identifying the default.
13. INDEMNIFICATION: To the fullest extent permitted by law, the CITY shall hold harmless, defend and indemnify the COUNTY from any liability, claims, actions, costs, damages or losses, including those brought by a "third party", for injury, including death, to any person or damage to any property arising out of any activities by the CITY or its employees, officers, agents and volunteers. These obligations shall continue beyond the term of this Agreement as to any act which occurred during this Agreement. To the fullest extent permitted by law, the COUNTY shall hold harmless, defend and indemnify the CITY from any liability, claims, actions, costs, damages or losses, including those brought by a "third party", for injury, including death, to any person or damage to any property arising out of any activities by the COUNTY or its employees, officers, agents and volunteers. These obligations shall continue beyond the term of this Agreement as to any act which occurred during this Agreement.
14. AMENDMENT: This Agreement may be amended only by the mutual written consent of both parties.
15. TERM OF AGREEMENT: This Agreement shall become effective on the 13th day of October 2025, and shall terminate on the 13th day of October 2027, provided, however, that such Agreement shall automatically be extended for consecutive terms of one (1) year each, upon the same terms and conditions which are applicable to the original term of the Agreement, unless one party provides the other party with a written notice of termination, on or before, October 13th of the current one (1) year Extended Term, in which case this Agreement shall terminate at midnight on December 31st of the current one (1) year Extended Term.
16. NOTICE: Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to
5 receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
COUNTY: Fire Chief
Tulare County Fire Department
835 S. Akers Street
Visalia, CA 93277
CITY: City Manager
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
17. SOLE AND ONLY AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.
18. ATTORNEY FEES: If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California for any proceeding arising hereunder.
19. PARTIES AUTHORITY TO EXECUTE THE AGREEMENT: This Agreement has been approved by the governing body of each party at a meeting duly called and lawfully held by the governing body of such party. The person executing this Agreement for such party has been duly authorized by the governing body of that party to execute this Agreement on behalf of that party and to bind that party to the terms and conditions of this Agreement.
20. COUNTERPARTS: This Agreement may be executed in multiple counterparts, (including copies sent to a party by facsimile transmission or email transmission in PDF form), each of which shall be deemed an original, but all of which together, shall constitute one and the same instrument. [Signatures on page to follow]
6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
COUNTY OF TULARE CITY OF KINGSBURG
____________________________________ ___________________________________ Chairperson, Board of Supervisors Mayor, City Council
APPROVED AS TO FORM:
____________________________________ ___________________________________ County Counsel City Attorney
County of Tulare City of Kingsburg
7 EXHIBIT A
AUTOMATIC FIRE PROTECTION AID
1. Automatic Aid shall be provided within the areas of the County of Tulare as identified in Exhibit "B" and in the city limits of the City of Kingsburg. However, neither party shall be required to reduce its own fire protection resources, personnel, services and facilitiesto the detriment of its normal fire protection capability.
2. No response to an aid request will be made by either the County or the City unless such request is received through the established communications channel common to each party and made by a responsible fire official of the party requesting such aid.
3. Except as otherwise provided in this Agreement, fire protection personnel, furnished by one party to the other party, will work as far as possible, under their own supervisors. Equipment furnished by one party to the other party will ordinarily be operated by personnel of the party furnishing the equipment.
General directions relative to the work will be given by the Incident Commander or his/her designee.
4. Neither party shall be obligated to reimburse the other for any use of material, damage to equipment, or liability incurred which may occur in the course of rendering firefighting assistance, other than as may be expressly provided elsewhere in this Agreement.
5. Automatic Aid covers day-to-day operations only and shall not be in force and effect when a state of extreme emergency has been proclaimed and when the California Disaster and Civil Defense Master Mutual Aid Agreement becomes operative.
8 EXHIBIT B
AGREEMENT BOUNDARIES FOR CITY OF KINGSBURG AND TULARE COUNTY
FIRE DEPARTMENT
9 EXHIBIT C
COUNTY’S STANDARD RESPONSE PLAN
1. Three Fire Engines from Tulare County
2. One Fire Engine from Kingsburg
3. One Battalion Chief from Tulare County
4. One Breathing Support from Tulare County
10 EXHIBIT D
KINGSBURG’S STANDARD RESPONSE PLAN
1. Kingsburg Fire Engine 141
2. Kingsburg Fire Engine 142 or Kingsburg Ambulance 501
3. Kingsburg Ambulance 502
4. Kingsburg Fire Chief
5. Two Fire Engines from Selma
6. Fresno County Fire Engine 83
7. Tulare County Fire Engine 2 or Kings County Fire Engine 1 (depends on location)
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Rodnie Roberts, Fire Chief REVIEWED BY: AJH AGENDA ITEM: Contract with Valley Regional Occupational Program ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
This contract will allow students from the Valley Regional Occupational Program (Valley ROP) to participate in field internships with the Kingsburg Fire Department.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the contract between the City of Kingsburg and Valley Regional Occupational Program (Valley ROP) to participate in field internships with the Kingsburg Fire Department.
POLICY ALTERNATIVE(S)
1. Deny a contract with Valley Regional Occupational Program, which limits students' access to vital training in emergency medicine.
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Community Engagement
3. Preserve the Kingsburg Experience
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
None.
BACKGROUND INFORMATION
Valley ROP provides vocational training to high school and adult school students. They are a JPA school district that contracts with the Kingsburg, Dinuba, Selma, Sanger, Reedley, Orosi, and Corcoran School Districts to provide teachers and curricula for educating students. Students are taught skills in careers such as firefighting, criminal justice, certified nurse assistant, welding, ag mechanics, drafting, and piloting an aircraft. Valley ROP has four class locations for Emergency Medical Technician (EMT) training in local adult schools. These four locations teach about 150 students each year to be career-ready and serve our communities with vital EMTs. Students are required to attend 140 hours of classroom time and two 12-hour shifts on an ambulance to meet the CA state requirements for certification. With this contact, the Kingsburg Fire Department will commit to training some of these students.
Meeting Date: 08/20/2025
Agenda Item: 11
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
Valley ROP already has contracts with the Selma Fire Department, Dinuba Fire Department, Sanger Fire Department, and American Ambulance of Fresno.
Ambulances in Kingsburg are staffed each day by a firefighter / EMT and a firefighter/paramedic. This training provided to these students will allow us to highlight our fire department and hopefully encourage students to apply for jobs in Kingsburg when they have completed their training.
ATTACHED INFORMATION
1. Proposed Contract
2. Liability Insurance
2025-07-28
City Revisions
AGREEMENT BETWEEN
VALLEY REGIONAL OCCUPATIONAL PROGRAM
AND
CITY OF KINGSBURG
This is an Agreement between Valley Regional Occupational Program (hereinafter referred to as "Valley ROP") and the City of Kingsburg (hereinafter referred to as "City") (collectively reference herein as “the Parties”) and is effective as of July 1, 2025
RECITALS
Valley ROP conducts an Emergency Medical Technician-Basic (EMT-B) Training Program, which provides pre-hospital, clinical, and field training for students desiring to become EMT-B in accordance with the provisions of California laws and regulations.
Valley ROP is desirous that its students participating in an EMT-B field experience with City; and
City has field facilities for furnishing this field experience to the students participating in the Valley ROP's program and is desirous of making its field facilities available for this purpose.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. City agrees to provide a supervised program of field experience to the selected EMT-B students in accordance with the terms and conditions stated in this Agreement.
Individuals supervising the field experience shall be mutually acceptable to the parties.
2. The period of time for each student's field experience at City shall be mutually agreed upon between City and Valley ROP prior to the beginning of each student's field experience. Reasonable extensions may be agreed to by the parties if a particular student requires additional experience.
3. The number of students to participate in the field experience at City at any given time shall be mutually agreed upon by Valley ROP and City prior to the beginning of the field experience program, and may be modified from time to time by mutual agreement upon the request of either party.
2 4. City may require Valley ROP to withdraw any student from City's field experience training program who City determines is not performing satisfactorily, or who refuses to follow City's administrative and patient care policies, procedures, rules and regulations.
5. Valley ROP shall notify students that the students shall be responsible for:
a. Following the administrative and patient care policies, procedures, rules and regulations of City;
b. Acquiring and using the necessary and appropriate uniforms and personal protective equipment when not provided by City;
c. Arranging for their own transportation and personal living accommodations and costs when not provided by City; and
d. Adhering to program requirements concerning obtaining the necessary health screening. Valley ROP will provide this information to the City.
6. City shall maintain in its normal course of business complete attendance and progress records and reports on each student's performance and shall provide an evaluation for each student to Valley ROP on forms provided by Valley ROP. All student records shall be maintained by City in a secure location preventing access by unauthorized individuals.
City shall not forward to any other person or agency a student record without written consent of the parent/guardian, student over the age of 18, Valley ROP, or as required by law.
7. City shall, upon reasonable request, permit Valley ROP and/or appropriate governmental agencies charged with the responsibility of accrediting or approving the EMT-B training program to inspect the field facilities, services available for field experience, student's records, and such other materials which pertain to the field training program.
8. It is expressly agreed and understood by Valley ROP and City that the students under this program are in attendance at City for educational purposes.
9. In accordance with Education Code section 45125.1, City shall conduct criminal background checks of its employees having contact with Valley ROP students. Upon receipt of the background check City will certify to Valley ROP that any City employee having regular contact with students has not been convicted of a violent or serious felony as defined by statute.
10. City agrees to submit a written accident report to Valley ROP within twenty-four (24) hours of an accident or incident when a student has suffered an injury, injured another individual, or has been involved in an activity requiring notification of law enforcement or emergency personnel.
11. City shall not discriminate on the basis of race, religion, sex, national origin, age, handicap, or sexual orientation in the operation of the field training program. 3 12. City will ensure that all staff members working with Valley ROP students are familiar with and agree to adhere to child abuse and/or missing children reporting obligations and procedures under California law, including but not limited to, Education Code section 49370 and Penal Code sections 1166 et seq.
13. It is agreed and understood that the parties to this Agreement are independent contractors, and that neither is the employee or employer of the other and that the employee of one are not the employees of the other and the Valley ROP students are not employees of the City.
14. Valley ROP shall take out and maintain during all periods this Agreement is in effect general liability insurance and property insurance naming City as additional insured, indemnifying said additional insureds from and against any and all loss or damage, and from any and all liability for any loss or damage, and all suits, actions, or claims brought by any and all person or persons because of, arising out or resulting from the use of real property and the services being provided by Valley ROP, any dangerous or defective condition thereof, or any act or omission by Valley ROP or by any Valley ROP student, said insurance shall be primary to City's general and property insurance policies and shall initially and hereafter be increased to provide coverage in the same amounts as Valley ROP's public liability policy. Certificates of said insurance shall be provided to the City on the effective date of this Agreement and annually. Valley ROP and City shall each maintain in full force and effect during the full term of this Agreement liability insurance programs.
15. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead Valley ROP and City agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify, defend, and hold the other party, their officers, board members, council members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees, of agents and students, including, without limitation, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, council member, employee, agent or student thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto their officers, board members, council members, employees, agents or students, under or in connection with or arising out of any work authority or jurisdiction delegated to such party under this Agreement.
16. Valley ROP shall ensure that its students are covered under Valley ROP's blanket program for workers compensation. A copy of this policy will be provided to the City annually.
17. City shall not subcontract or assign any of the services contemplated under this Agreement.
4 18. This Agreement may be terminated by either party at any time upon thirty (30) days prior written notice.
19. This Agreement constitutes the entire agreement between Valley ROP and City and supersedes any prior or contemporaneous understanding or agreement with respect to the services being provided.
20. The terms and conditions of this Agreement shall be governed by the laws of the state of California with venue in Fresno County, California.
21. This Agreement shall be for three (3) years and the Parties shall have the option to renew such Agreement every year thereafter upon mutual agreement of the Parties.
22. Valley ROP's Superintendent, and City administrative representative may mutually agree upon, and may formalize by a separate writing, the operational details of the field training program, and such separate agreement and writing will be binding on both the Valley ROP and the City in the same manner as if they had been part of this agreement.
23. Any controversy, claim or dispute, whether based on contract, tort or statute under either California or federal law, arising out of or relating to this Agreement any alleged breach of it shall be determined and settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and a judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The arbitration will be conducted in Fresno, California. The prevailing party in the arbitration proceeding will be entitled to recover its reasonable attorneys' fees and costs expended or incurred relating to or arising out of the arbitration matter.
24. This Agreement may be modified or amended without additional consideration at any time by mutual written consent of the parties.
25. Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows
Alexander Henderson Fabrizio Lofaro
City Manager Superintendent
City of Kingsburg Valley Regional Occupational Program
1401 Draper St, 310 West Myrtle Ave.
Kingsburg, CA 93631 Reedley, CA 93654
26. Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the Parties by signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.
5 CITY OF KINGSBURG VALLEY REGIONAL OCCUPATIONAL
PROGRAM
By: _______________________________ By:
City Manager Superintendent
Date: ______________________________ Date:
8/05/2025
Northern California ReLiEF CERTIFICATE OF COVERAGE
lssue Date
7t312025
ADMINISTRATOR:
Keenan & Associates
1732 North First Street, Suite 100
San Jose, CA 95112
Pa Vue. License No.4273840 [email protected]
LTcENSE # 0451271
916-859-7160 x4251
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
ENlryA: Northern California ReLiEF
ENTITY B:
ENTITY C:
ENTITY D:
ENTITY E:
COVERED PARTY:
Vallev Reoional Occuoational Prooram
Orqahizafon Of Self-fnsured Schdols
310 West Mvrtle Avenue
Reedley CA'93654
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERI\4 OR CONDITION OF ANY CONTMCT OR OTHER DOCUIVIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IVAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERIV1S AND CONDITIONS OF SUCH COVERAGE DOCUMENTS, ENT
LTR TYPE OF COVERAGE COVERAGE
DOCUMENTS
EFFECTIVE/
EXPIRATION DATE
MEMBER
RETAINED LIMIT
/ DEDUCTIBLE LIMITS
A
GENERAL LIABILITY
4 I
I
GENERAL LIABILITY
cLAilVlS MADE 1 yfOCCUnReUCe
GOVERNMENT CODES
ERRORS & OMISSIONS
SEXUAL ABUSE AND MOLESTATION
NCR 01001-29 71112025
71112026
$ 50,000
COI\4BINED SINGLE LIMIT EACH OCCURRENCE
$ '1,000,000
A AUTOMOBILE LIABILITY
I f nrv nuro
I /1 H|RED AUTo
t /1 NoN-owNED AUTo
t vl cnnece LtABtLtw
i yfnuro PHYSTcAL DAMAGE
NCR 01001-29 7t1t2025
71112026
s 50,000
COMBINED SINGLE LIi,4IT EACH OCCURRENCE
s 1,000,000
A PROPERTY
I vf nll nrsx
I y1 excluoes EARTHoUAKE & FLooD
[ ]BUILDER'S RISK
NCR 01001-29 71112025
71112026
$ 50,000 $ 500,250,000
EACH OCCURRENCE
A STUDENT PROFESSIONAL LIABILITY
NCR 01001-29 7t1t2025
7t1t2026
$ 50,000 s lncluded
EACH OCCURRENCE
WORKERS COMPENSATION
[ ]EMPLOYERS'LrABrLrry $
[ ]WC STATUTORY LIMITS I ] OTHER
$
E.L. EACH ACCIDENT
$
E.L. DISEASE - EACH EIVIPLOYEE
$
E,L. DISEASE. POLICY LI[,4ITS
EXCESS WORKERS COMPENSATION
I lE|\4PLOYERS'LtABtLtTY
$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSAr'EHICLES/RESTRICTIONS/SPECIAL PROVISIONS:
As respects to Classes for Fire Fighting
CERTIFICATE HOLDER; Proof of COverage
Citv of Kinosburo
Citi of Kindsburd Fire Deoartment
'1 300 califdrnia Street
Kingsburg CA 93631
SHOULD ANY OF THE ABOVE DESCRIBED POTICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS
John Stephens AUTHORIZED REPRESENTATIVE
$1$v.eCertsonlanc.conr
86105871 I VALLEREG I 25/26 Supet Pool PdL I Pa vue I 1/3/2025 5:22:53 Al'l (PDT) I Paqe I of 2
DISCLAIMER
The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the coverage documents listed thereon. ecedsonline.com
86105B71 I VALLEREG I 25/26 Super Paol P&L I Pa Vue I -l/3/2025 5r22:53 AM (PDT) I Paqe 2 of 2
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Alexander J. Henderson, ICMA-CM REVIEWED BY: CW AGENDA ITEM: Measure E Renewal/Extension Presentation
ACTION REQUESTED: ___Ordinance ___Resolution _ __Motion ___Receive/File
EXECUTIVE SUMMARY
On June 5, 2018, Kingsburg voters enacted Measure E, a 1% Public Safety Sales Tax that supports ongoing allowed efforts. The Measure passed after receiving 72% support. The Measure went into effect on October 1, 2018 for a period of ten (10) years, as outlined in the original ballot language. Unless it is extended, Measure E will expire on September 30, 2028.
Council previously entered a contract with Best Best & Krieger LLP (“BBK”) to provide legal consultation for the renewal effort. As part of our official kickoff of the Measure E renewal, Matthew “Mal” Richardson will be attending the Council meeting to provide a brief presentation (Attachment #1) to include an overview of the renewal/extension process, key deadlines and responsibilities, legal limitations on advocacy and to answer any questions the public, staff or Council may have.
RECOMMENDED ACTION BY CITY COUNCIL
1. Informational only.
POLICY ALTERNATIVE(S)
1. N/A
REASON FOR RECOMMENDATION/KEY METRIC
1. Community Safety
2. Preserving the Kingsburg Experience
3. Financial Stability
FINANCIAL INFORMATION
The original ballot measure included ~$10,000 in election expenses for Fresno County to conduct. The Fresno County Clerk has provided an initial estimate of $20,000-$25,000 for a 2026 measure but has said it will ultimately depend upon the number of other entities on the ballot and length of our measure.
Meeting Date: 08/20/2025
Agenda Item: 12
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? N/A
3. If Budgeted, Which Line? N/A
PRIOR ACTION/REVIEW
The Finance Committee began discussing the renewal efforts for Measure E on February 24, 2025, and recommended continuing this discussion with the Council to establish a team that will assist with the renewal effort. This allowed us to establish a timeline for deliverables, community input and education, as well as a budget that coincides with the FY2026 budget.
The Finance Committee & Council subsequently made the following recommendations:
- Preferred Election date of June 2, 2026
- Directed staff to get quotes for both legal and marketing/education consultants to assist in the effort. - Asked for input from the existing Measure E Oversight Committee. - Provided input on the renewal guidelines, including keeping some form of a sunset clause. - Discussion of impacts to both departments if the Measure is not extended.
Staff sought additional council input during the March 5, 2025 Council Meeting. Council supported a renewal effort for the June 2, 2026 election with mixed feedback on the sunset clause. Council also discussed polling but noted how costly it can be; we can add it to the proposals if needed. Mayor Pursell discussed the Council and the labor groups responsibility to reach out to citizens.
Council directed staff to enter into a legal agreement with BBK during their April 2, 2025 regular meeting.
BACKGROUND INFORMATION
Measure E is considered a transaction and use tax, which are allocated to the jurisdiction where the taxed product is received or registered (as in the case of a motor vehicle purchase). Because of this, Measure E revenue collections are higher than the 1% local jurisdiction place of sale or use. For example, if a consumer purchases a new motor vehicle and registers it in Kingsburg (place of residence), the city receives the 1% sales tax for that vehicle for the purposes of Measure E. The same theory applies with destination-based purchases, which is especially relevant for online activity, which saw a sharp increase during the pandemic. It has sensed regressed in each of the last two fiscal years as federal stimulus funding has subsided.
Initially, conservative estimates forecasted that Measure E would generate ~$1,000,000 annually.
Fortunately, receipts have exceeded those estimates by more than double since the first full year of inception.
For FY25, revenues are expected to be ~$2.6mm. Since inception, the City has received over ~$14mm in cash receipts (attachment #1).
The impact Measure E has had on our Police and Fire Departments is significant. Consistent with the Measure’s initial intent, Measure E revenue has been used solely for activities related to public safety. Below is a non-exhaustive list of examples of expenditures intended to illustrate the use of funding since inception.
Updating Police & Fire Equipment
• Funding for two (2) new Fire Engines
• KFD Radio Communication Upgrades
• KFD Personal Protection Equipment (PPE)
• KFD Hose Replacement
• KFD Command Vehicle Replacements
• KFD Cover of Care and Strategic Plan
Update
• Ladder Truck Repairs
• KFD Station #1/#2 Maintenance & Repairs
• KPD New Patrol Vehicles (14)
• KPD Duel Band Radios
• KPD Body Worn Camera Infrastructure
• KPD Tasers & Additional Patrol Vehicle
Outfitting
• KPD Station Enhancements to Support
Additional Personnel
• KPD Pistol Replacement & PPE updates
Police & Fire New Personnel (Wages/Benefits)
KPD Staffing:
Professional staff
1 Police Services Technician
.5 Account Clerk (split)
17% of Accountant (split between KFD,
KPD and PW)
Sworn staff
.25 Police Chief
2 Police Lieutenants
1 Police Sergeant
5 Police Officers
• Also includes non-wage/benefit costs
associated with 2 School Resource Officers
in conjunction with both School Districts
• Required Employee Training
KFD Staffing
3 – Fire Captains
1 – Full-Time Administrative Assistant
1 – Part-Time Administrative Assistant
City Finance Personnel
.5 Account Clerk (split)
17% of Accountant (split between KFD, KPD and
PW)
• Portion of funding for Kingsburg
Healthcare District shared Personnel costs
• Required Employee Training
"Local Tax" is the general term for sales and use taxes imposed under the Bradley-Burns Uniform Sales and Use Tax Law. The basic statewide sales and use tax rate is 7.25% and is divided as follows:
• 6.00% State
• 1.00% Local Jurisdiction (City or county of place of sale or use) • 0.25% Local Transportation Fund (County of place of sale or use) "District Taxes" are imposed locally under the Transactions and Use Tax Law. The total tax rate in Kingsburg is 8.975%, which includes the statewide 7.25% plus the following:
• 1.00% Public Safety District Tax (Measure E)
• 0.725% Fresno County
As required by the ballot language, the City also established a Measure E Oversite Committee. The Committee meets annually (or as needed) to examine expenditures and ensure funds are being used as originally promised by the effort.
ATTACHMENTS
1. Measure E Presentation
2. Proposed Timeline of Activities
3. FAQ – Ballot Measures and Public Agencies
BBKLAW.COM © 2025 Best Best & Krieger LLP August 15, 2025 Public Safety Transactions and Use
Tax (Measure E) Extension
Process Overview & Legal Guidelines for City Officials and Employees August 20, 2025
Matthew “Mal”
Richardson
2 Partner
[email protected]
949-263-6562
Matthew “Mal” Richardson advises public and private clients on issues related to regulatory and land use law, with a focus on complex land transactions, the First Amendment, election and campaign law, and municipal governance.
Presenters
Agenda
1. Introduction
2. Overview of renewal/extension process
3. Key deadlines and responsibilities
4. Legal limitations on advocacy
5. Q&A
3 Best Best & Krieger serves as a trusted partner and strategist to public and private sector clients across the nation.
With offices spanning from coast to coast, the firm’s attorneys provide innovative legal solutions and cost-effective representation, working to protect and advance clients’ interests at every turn. BB&K is recognized for decades of groundbreaking successes, loyal service, and a culture of inclusion and respect.
About Us
12 OFFICES
250
ATTORNEYS
130+
YEARS OF SERVICE
4 Background
• Measure E adopted in March, 2018 — sunsets Sept. 30, 2028 unless renewed by voters
• Projected to generate $2.6 million in FY 2025-26; $14 million since adoption
• Proposed: New 1% transactions and use tax to REPLACE Measure E • Proposed: No sunset provision; in place until repealed by voters • Proposed Renewal vote: June 2, 2026 Gubernatorial Primary 5 BBKLAW.COM
The Process
6 Election Process and Key Dates
• Aug 20, 2025 – Initial Council presentation
• Aug 2025–Jan 2026 – Community outreach
• Jan 7, 2026 – Early resolution adoption & text submission • Jan–Mar 2026 – Filing/review periods for Arguments
• Mar 6, 2026 – Statutory ballot deadline (final date a Resolution may be adopted) • Jun 2, 2026 – Election Day
• Jun 30, 2026 – Election Certification by Registrar of Voters 7 • Council – Policy decisions,
adopt ballot resolution
• Staff – Coordinate public
information; draft staff reports
• Legal Counsel – Ensure
compliance, draft
ordinance/review docs
8 Roles and Responsibilities
City
Council
Legal
Counsel Staff
BBKLAW.COM
The Campaign
9 Guiding Principles
KEY FACTS: • State law prohibits the use of public
resources for campaign purposes.
• Public resources = funds, property,
equipment, staff time, facilities,
vehicles, logos, uniforms
• Applies to both officials and employees
10 The guiding principle for all City officials and employees during an election is simple: public resources must
never be used for campaign purposes. These rules
safeguard taxpayer funds, keep government neutral in
elections, and protect staff from political pressure.
PROHIBITED ACTIVITIES PERMITTED ACTIVITIES
11 Guiding Principles
• Campaigning during work hours
• Using City equipment/email for advocacy
• Wearing campaign materials on duty/property
• Holding campaign meetings in City facilities
(unless open to public under same terms)
• Using City seals/logos in campaign materials
• Appearing in uniform/with City vehicles in
campaign materials
• Making promises in exchange for votes
• Proponents soliciting contributions from
employees
• Participate in political activities off-duty
• Attend rallies/events on personal time
• Use personal funds for contributions
• Provide impartial, factual information about the
measure
• Use publicly available photos/personal photos
from City events
Practice Tips for
Compliance • Separate City resources from
campaign activities
• Be cautious with email, devices, and
facilities
• When in doubt, ask Legal Counsel • Remember — perception matters • City’s role is to inform, not persuade 12 Next Steps
• Confirm Council direction and ballot timing
• Launch community outreach
• Prepare ordinance and impartial analysis
• Maintain compliance with restrictions
13 BBKLAW.COM © 2025 Best Best & Krieger LLP
DISCLAIMER: BBK presentations and webinars are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein. Audio or video recording of presentation and webinar content is prohibited without express prior consent.
Questions?
Mal Richardson
[email protected] | 949-263-6562
55908.00001\43774189.2
CALENDAR OF EVENTS FOR KINGSBURG PUBLIC SAFETY TAX MEASURE JUNE 2, 2026 GUBERNATORIAL PRIMARY ELECTION
It is statutorily permissible for a City Council to order a city measure election up until 88 days before Election Day (March 6, 2026). If an election is ordered less than 109 days before Election Day, the City Clerk must set expedited filing deadlines for election materials. Even with such shortened deadlines, there would not be much time left for a court to resolve a legal challenge without impacting the conduct of the election. This calendar contains both statutory and recommended deadlines.
All statutory references are to the Elections Code, unless stated otherwise.
August 20, 2025 Presentation to City Council regarding upcoming consideration of tax extension measure. Meeting in advance will gauge individual Council Member interest, involve them in the marketing, and determine when they wish to place this on the ballot.
August 21, 2025
through January 30,
2026
City staff to engage in focus groups and community group presentations, with an information campaign regarding the upcoming measure.
BBK Delivery Date
December 15, 2025
BBK to deliver text of ordinance, draft resolution calling the election, and impartial analysis to meet agenda deadlines for January 7th Council meeting
ROV
Recommendation:
February 13, 2026
(E-109)
BBK Alternate/Early
Recommendation:
January 7, 2026
The Registrar of Voters requests that a City Council by this date adopt a Resolution(s) to order a city measure election to be consolidated with the Gubernatorial Primary Election and to request the election services of the Registrar of Voters. The City must submit the Resolution(s) to the Board of Supervisors with a copy to the Registrar of Voters.
If the City wishes to have the full text of the measure printed in the County Voter Information Guide, the Registrar of Voters requests the City submit the full text by this date.
§§ 9286, 1415, 9222, 9295, 9255, 10002, 10201, 10403, 10418, Govt.
Code § 34458
January 1, 2026
through May 31,
2026
City staff may continue to engage in focus groups and community group presentations, with an information campaign regarding the upcoming measure, however should use additional caution regarding information versus advocacy. During this period labor groups and other support from the community may continue to hold meetings and engage in express advocacy.
55908.00001\43774189.2
ROV
Recommendation:
February 27, 2026
(E-95)
BBK Alternate/Early
Recommendation:
January 21, 2026
Recommended date for filing measure ordinance text, direct arguments, a city attorney impartial analysis and a fiscal impact statement (if applicable). §§ 9280, 9281, 9282, 9286
New: When filing direct arguments, the parties must provide a list of supporters or opponents to the city measure that will be printed on the ballot. The list must not exceed 125 characters in length including spaces, commas, semicolons, and other characters. § 9170 Feb 28, 2026
through
March 9, 2026
(E-94 – 85)
BBK Alternate/Early
Recommendation:
Jan 22, 2026 through
February 2, 2026
Public Review period for the measure ordinance text, impartial analysis, direct arguments, and fiscal impact statement, if applicable. Measure documents will also be posted on the Registrar of g a Voters website.
During the Public Review period, any voter may seek a writ of mandate or an injunction requiring any of these materials to be amended or deleted. § 9295
March 6, 2026
(E-88)
Statutory deadline for the City Council to adopt Resolution(s) placing a measure on the ballot and to request consolidation of a city election with the Gubernatorial Primary Election by submitting a Resolution to the Board of Supervisors with a copy to the Registrar of Voters. §§ 9222, 10403
March 9, 2026
(E-85)
Registrar of Voters will email measure letter designations to cities that have measures on the ballot. § 13116
March 9, 2026
(E-85)
BBK Alternate/Early
Recommendation:
February 2, 2026
Recommended deadline for filing of rebuttal arguments. Rebuttals must be filed 10 days after the direct arguments. § 9285
March 10, 2026
through
March 19, 2026
(E-84 – 75)
BBK Alternate/Early
Recommendation:
February 3, 2026
through February 12,
2026
Public Review period for rebuttal arguments. Only Rebuttal Arguments are subject to legal action during this public review period. § 9295 55908.00001\43774189.2
March 11, 2026
(E-83)
Statutory deadline for City Council to submit a resolution to the City Clerk to withdraw a prior city measure order of election. § 9605 May 18, 2026 (E15)Last day to register to vote for the June 2, 2026 Gubernatorial Primary Election. § 2102
June 2, 2026 (E-0) Election Day. Vote Centers open from 7 a.m. to 8 p.m. Ballots will be centrally counted at the Registrar of Voters’ office. §§ 1000, 14212 June 30, 2026 (E+28) Registrar of Voters will certify on or before this date. §§ 15372, 15375 July 13, 2026 through
August 7, 2026
Nomination period for City Council candidates for November 3, 2026 General Municipal Election § 10220
1 BALLOT MEASURES AND PUBLIC AGENCIES
Ballot Measures and Public Agencies
The California Constitution reserves to the people the right to make some important local policy decisions through the initiative and referendum process.1
Determining what role local agencies and their officials may play in the initiative and referendum process can be somewhat complicated, but less so if one keeps in mind the basic concept that public funds may not be used to put government’s “thumb on the scale” in trying to influence voters one way or the other.
The following series of questions and answers provide general guidelines and analyses of pertinent issues associated with the use of public resources and ballot measure activities. The purpose of this paper is to provide guidance that represents the Institute’s best judgment, based on the law, on how to avoid stepping over the line that divides lawful from unlawful conduct. As a general matter, the Institute believes in not treading too close to any such lines, but instead giving them fairly wide berth.
It is also important to remember that just because a given course of action may be lawful, does not mean it will satisfy the public’s or the agency’s ideas of what constitutes an appropriate use of public resources. Proper stewardship of public resources is a key accountability issue for public officials. In determining proper use of public resources, it is important to remember the law creates only minimum legal standards. The public may view what is “right” as a much more important standard than what is “legal.” In addition, there almost always are potential political implications of walking too close to the line in terms of the public’s overall reaction to a ballot measure and where the public’s attention should be focused.
This guide is offered for general information only and is not intended as legal advice. Reasonable attorneys can and do disagree on where the boundaries are on these issues; moreover, the specific facts of the situation are an important element of the analysis. Always consult an attorney knowledgeable about this area of the law when analyzing what to do in specific situations.
General Framework
1. Our agency is interested in a measure that is appearing on an upcoming ballot. We have information that may be helpful to the public in making its decision on how to vote. What do we need to keep in mind as we consider sharing that information with the public? Public agencies play an important and ongoing, but impartial, educational role in contributing to the public’s information on important issues affecting the community. The flow of factual, unbiased information back and forth between public agencies and constituents, as well as among constituents, is vital to effective decisionmaking.
Both statutes and case law define the legal parameters of what public agencies may and may not do to communicate their views on ballot measures with public resources. “Public resources” include not only money, but things paid for with public money, including staff time, agency facilities, materials and equipment and agency communications channels.2
1 Cal. Const. Art. II, §§ 8-11
2 See Stanson v. Mott, 17 Cal. 3d 206, 210-11(1976) (referring to expenditure of staff “time and state resources” to promote passage of bond act); Vargas v.
City of Salinas, 46 Cal. 4th 1, 31-32 (2009). See also People v. Battin, 77 Cal. App. 3d 635, 650 (4th Dist. 1978) (county supervisor’s diversion of county staff time for improper political purposes constituted criminal misuse of public monies under Penal Code section 424), cert. denied, 439 U.S. 862 (1978), superseded on other grounds by People v. Conner, 34 Cal. 3d 141 (1983). But see Bardolph v. Arnold, 435 S.E. 2d 109, 113 (N.C. App 1993) (local government may expend public funds to create support for qualified ballot measure), rev. denied, 439 S.E.2d 141 (1993). 2 BALLOT MEASURES AND PUBLIC AGENCIES
All state and local officials, including appointees, are prohibited from using public funds for personal or campaign purposes, such as supporting or opposing a ballot measure. However, courts, most notably in the case of Stanson v. Mott, have clarified there is a difference between a public agency’s lawful, impartial, informational activity and unlawful, partisan advocacy for or against a ballot measure. While public agencies may provide accurate, factual and impartial information to the public about a ballot measure, they may not expressly advocate for a “Yes” or “No” vote on the measure, or disseminate information in a manner, style, tenor or tone that urges a particular vote.
Local public agency governing bodies may take a position at public meetings in favor of or against a particular measure that would affect the agency or its constituents.3 And public agencies may spend money to encourage constituents to register to vote, and to get out to vote.4 It is worth noting that there are additional campaign-related restrictions and transparency requirements that have been adopted by the Fair Political Practices Commission (FPPC) pursuant to the state’s Political Reform Act, such as a prohibition on using public resources to mail advocacy materials to voters5 and transparency
requirements intended to ensure that the public has a right to know who is spending what to influence their votes.6
The best way for an agency to avoid running afoul of the FPPC regulations is to refrain from any communication that could reasonably be construed as advocacy. Since public agencies cannot legally spend public funds for illegal advocacy purposes there should be no reason for public agencies to be reporting campaign expenditures.
Agencies should also be aware that there are restrictions on sending mass mailings at public expense that mention or feature an elected official, even if they are non-campaign related. For example, mass mailings at public expense are strictly limited from elected officials who are also candidates for 60 days preceding an election.7 In light of the complexity in this area, it is essential to be in close contact with agency counsel regarding agency activities relating to ballot measures and other political activities.
2. What is the underlying theory for restricting public agency activities with respect to ballot measure advocacy? Aren’t public information efforts relating to what’s best for the community a core function for local agencies?
Public information is one thing; advocacy is another. The reason courts have given for restricting public agency activities with respect to ballot measures is that the use of taxpayer dollars in an election campaign could distort the debate8 and undermine the fairness of the election.9 More specifically, courts have worried about public agency communications overwhelming voters10 and drowning out the views of others.11 Restrictions also are a way of maintaining the integrity of the electoral process by neutralizing any advantage that those with special access to government resources might possess.12
That being said, courts have also recognized that public agencies have a role to play in making sure the public has the factual, impartial information it needs to make informed decisions. One court explained the role this way:
“If government is to secure cooperation in implementing its programs, if it is to be able to maintain a dialogue with its citizens about their needs and the extent to which government can or should meet those needs, 3 See 2 Cal. Code Regs. § 18420.1 (defining campaign-related expenditures as either reportable independent expenditures or contributions). 4 See 2 Cal. Code Regs. § 18901.1 (prohibiting campaign mailings sent at public expense). 5 League of Women Voters v. Countywide Criminal Justice Coordination Comm., (1988), 203 Cal.App.3d 529, 555. 6 Schroeder v. City Council of Irvine, (2002) 97 Cal.App.4th 174, 187. 7 Cal. Gov’t Code § 89003.
8 See Vargas, 46 Cal. 4th at 31-32.
9 Vargas, 46 Cal. 4th at 36-37.
10 See Vargas, 46 Cal. 4th at 23-24, 32, citing Stanson v. Mott, 17 Cal. 3d 206, 216-217 (explaining that, as a constitutional matter, “the use of the public treasury to mount an election campaign which attempts to influence the resolution of issues which our Constitution leave[s] to the ‘free election’ of the people (see Cal. Const., art. II, § 2) . . . present[s] a serious threat to the integrity of the electoral process”). See also Keller v. State Bar, 47 Cal.3d 1152, 1170-1172, (1989), reversed on other grounds 496 U.S. 1 (1990). 11 Vargas, 46 Cal. 4th at 46 (concurring opinion).
12 San Leandro Teachers Ass’n v. Governing Bd. of San Leandro Sch. Dist., 46 Cal.4th 822, 845 (2009). 3 BALLOT MEASURES AND PUBLIC AGENCIES
government must be able to communicate. An approach that would invalidate all controversial government speech would seriously impair the democratic process.”13 The court also noted that, if public agencies cannot address issues of public concern and controversy, they cannot govern.14
3. What guidelines have the courts provided on using public resources relating to ballot measures? California courts have, in essence, created three categories of activities:
• Those that are usually impermissible campaign activities; • Those that are usually permissible informational activities; and • Those that may require further analysis under the “style, tenor and timing” test.15 Usually Impermissible activities include using public funds for campaign activities16 or communications that expressly advocate a particular result in an election, or purchasing campaign materials such as bumper stickers, posters, advertising “floats,” television, and radio and digital advertising spots and billboards.17 Another improper activity is using public resources to disseminate advocacy materials prepared by others.18 The production and mailing of “promotional campaign brochures” is also not allowed, even when those documents contain some useful factual information for the public.19 Usually Permissible activities include:
• The governing body of the agency taking a position on a ballot measure in an open and public meeting where all perspectives may be shared.
20 • Preparing impartial staff reports and other analyses to assist decision-makers in determining the impact of the measure and what position to take.
21 • Responding to inquiries about ballot measures in ways that provide a fair presentation of the facts about the measure and the agency’s view of the merits of a ballot measure including, if applicable, the governing body’s position on the measure.22
• Accepting invitations to present the agency’s views before organizations interested in the ballot measure’s effects including, if applicable, the governing body’s position on the measure.23 Any activity or expenditure that doesn’t fall into either the “usually impermissible” or “usually permissible” category must be evaluated by a “style, tenor and timing” standard against the backdrop of the overarching concern for fairness and non-distortion in the electoral process.24 The safest approach is to deliver the information through regular agency communications channels (for example, the agency’s existing website or newsletter), in a way that emphasizes facts and does not use inflammatory language or argumentative rhetoric.25 Any communications should not encourage the public to adopt the agency’s views, vote one way or another, or take any other actions in support of or in opposition to the measure.26 13 Miller v. Comm’n on the Status of Women, 151 Cal. App. 3d 693, 701 (1984). 14 Id.
15 Vargas, 46 Cal. 4th at 7, citing Stanson, 17 Cal. 3d at 222 & n. 8. 16 Government codes section 8314.
17 Vargas, 46 Cal. 4th at 24, 32, 42.
18 Vargas, 46 Cal. 4th at 24, 35.
19 Vargas, 46 Cal. 4th at 39 n. 20.
20 Vargas, 46 Cal. 4th at 37. See also Choice-In-Education League v. Los Angeles Unified Sch. Dist., 17 Cal. App. 4th 415, 429-30 (1993). 21 Vargas, 46 Cal. 4th at 36-37.
22 Vargas, 46 Cal. 4th at 24-25, 33.
23 Vargas, 46 Cal. 4th at 25, 36, citing Stanson, 17 Cal. 3d at 221. 24 Vargas, 46 Cal. 4th at 7, 30, 40.
25 Vargas, 46 Cal. 4th at 34, 40 (compare with the tone of the newsletter described in footnote 20). 26 Vargas, 46 Cal. 4th at 40.
4 BALLOT MEASURES AND PUBLIC AGENCIES
4. What are the consequences of stepping over the line dividing permissible from impermissible uses of public resources with respect to ballot measure activities? The stakes are high for those involved in misuses of public resources. Public officials face personal liability— criminal and civil—for stepping over the line.
Improper use of public resources is a crime.27 Criminal penalties include a two- to four-year state prison term and permanent disqualification from public office.28
Civil penalties include a fine of up to $1,000 for each day the violation occurs, plus three times the value of the resource used.29 Other consequences may include having to reimburse the agency for the value of the resources used.30 Those charged with improper use of public resources may have to pay not only their own attorney’s fees, but also those of any individual who is challenging the use of resources.31 In addition, conflicting perspectives on whether there might be a “de minimus” defense makes relying on such a defense risky.32 This includes relying on the defense that one has reimbursed the value of using public resources improperly.
Finally, engaging in such activities gives rise to reporting obligations for public agencies under the Political Reform Act.33 Failure to comply with these requirements subjects an agency to additional penalties.34 There is a political consequence as well. If the public and news media are talking about whether a public agency violated the law in spending public funds to campaign for or against a measure, they’re not talking about the merits of the measure. Keeping the focus on the ethics of the public agency instead of the merits of the measure often results in an outcome that is not helpful to the public agency.
5. Are there general strategies a public agency should employ to make sure that it doesn’t step over any lines?
The first is to make sure that public agency employee and officials are aware of these restrictions and the significant consequences for violating them.
Another strategy is to review the issues in this guide with agency counsel at the outset of any ballot measurerelated activities to be clear on how they interpret the law in this area. In many areas, the law is not clear and an agency is well-advised to understand their attorney’s interpretations of what is allowed and what is risky. The next strategy is to have a practice of consulting with agency counsel on the application of these restrictions to specific issues that arise. Agency counsel should review all communications about ballot measures or other elections in advance.
Also, an agency’s informational communications regarding a ballot measure should be funded out of the agency’s normal communications budget and be consistent with the style, tenor, and timing of typical communications. A special budget appropriation and unusual style of communication regarding a ballot measure could show that the agency’s intent is more than impartial communication. 27 See Cal. Penal Code §§ 72.5(b) (use of public funds to attend a political function to support or oppose a ballot measure); 424 (misappropriation of public funds); 484-87 (theft). See also People v. Battin, 77 Cal. App. 3d 635 (1978) (prosecution of county supervisor for engaging campaign activities during county business hours using county facilities), superseded on other grounds by People v. Conner, 34 Cal. 3d 141 (1983). 28 Cal. Penal Code § 424.
29 Cal. Gov’t Code § 8314(c)(1).
30 Stanson, 17 Cal. 3d at 226-227 (finding that “public officials must use due care, i.e., reasonable diligence in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of due care”). See also Harvey v. County of Butte, 203 Cal. App. 3d 714, 719 (1988).
31 See generally Tenwolde v. County of San Diego, 14 Cal. App. 4th 1083 (4th Dist. 1993), rev. denied. 32 See People v. Battin, 77 Cal. App. 3d at 65 (1978) (Penal Code section 424’s “proscription is not limited to the misuse of public funds in a particular monetary amount. Rather it proscribes any misuse, no matter how small.” [emphasis in original]). See also People v. Bishop, A081989 (1st Dist. 2000) (this unpublished opinion follows People v. Battin and holds that reimbursement is not a defense). But see DiQuisto v. County of Santa Clara, 181 Cal. App. 4th 236 (2010) (majority found that sending an editorial against a ballot measure via email on one’s lunch hour constituted advocacy, but involved a minimal use of public resources—note dissenting opinion disagreeing with majority’s minimal-use-of-public-resources conclusion). 33 Cal. Gov’t Code § 84203.5 (requiring independent expenditure reports by committees spending more than $500 each year in support or opposition to a ballot measure).
34 See, for example, Cal. Gov’t Code §§ 83116, 91001(b), 91000(a), 91001.5, 91002, 91004, 91005, 91012. 5 BALLOT MEASURES AND PUBLIC AGENCIES
Finally, documenting an agency’s respect for these restrictions is another important strategy. Attorneys refer to this as creating a record. Potential challengers to an agency’s activities will review the record and other materials (including emails, for example) to determine whether to file a lawsuit. A court will examine the record in deciding whether any missteps occurred. The agency will want to be able to point to documentation that demonstrates that all actions were well within the boundaries dividing lawful from unlawful conduct.
Before a Measure is Put on the Ballot
1. If a public agency wants to draft a measure on the ballot, may public resources be used? Under both the California Elections Code and case law, local agencies may use public resources to draft a measure for the ballot.35 The theory is that, prior to and through the drafting stage of a proposed ballot measure, the activities do not involve attempting to either persuade the voters or otherwise influence the vote.36
2. What about other activities a local agency may wish to engage in prior to placing a measure on the ballot?
Local agencies do not have specific guidance from a majority of the California Supreme Court on this issue, although there are general principles that can be applied. The Court seems to use a two-part analysis in evaluating public agency activities vis-à-vis ballot measures. One part goes to the issue of whether a particular public agency has the legal authority to spend public funds on ballot measure activities. The other is whether the use of that legal authority oversteps what the courts may perceive as constitutional restrictions on what may be done with public resources.37
When drafting and placing a measure on the ballot, the California Elections Code provides the legal authority for cities and counties.38 The remaining question is whether certain kinds of activities are appropriate as part of that effort?
In a case involving a local transportation agency, a court of appeal found the agency had authority under state law to find additional sources of funding for transportation39 and the agency was following the prescribed steps for putting a measure before the voters (which included such activities as preparing a transportation plan).40 The court noted that the activities the agency engaged in occurred before the transportation expenditure plan was approved or the ordinance placing a measure on the ballot was finalized.41 35 Vargas v. City of Salinas, 46 Cal. 4th 1, 36 (2009); League of Women Voters of California. v. Countywide Criminal Justice Coordination Comm., 203 Cal. App. 3d 529 (1988); Santa Barbara County Coal. Against Auto. Subsidies v. Santa Barbara County Ass’n of Governments, 167 Cal. App. 4th 1229 (2008). See also Cal. Elect. Code §§ 9140 [county board of supervisors], 9222 [legislative body of municipality]; FPPC Advice Letter to Hicks, No. I-98-007 (02/20/98); FPPC Advice Letter to Roberts, No. A-98- 125(06/01/98). 36 League of Women Voters, 203 Cal. App. 3d at 550 (“The audience at which these activities are directed is not the electorate per se, but only potentially interested private citizens; there is no attempt to persuade or influence any vote.”), citing Miller v. Miller 87 Cal. App. 3d 762, 768 (1978). 37 See Vargas, 46 Cal. 4th at 29: As we have seen, in Stanson, supra, 17 Cal.3d 206, this court, after explaining that a “serious constitutional question . . . would be posed by an explicit legislative authorization of the use of public funds for partisan campaigning” (id. at p. 219, italics added), reaffirmed our earlier holding in Mines, supra, 201 Cal. 273, that the use of public funds for campaign activities or materials unquestionably is impermissible in the absence of “ ‘clear and unmistakable language’ ” authorizing such expenditures. (Stanson, at pp. 219-220.) Section 54964 does not clearly and unmistakably authorize local agencies to use public funds for campaign materials or activities so long as those materials or activities avoid using language that expressly advocates approval or rejection of a ballot measure. Instead, the provision prohibits the expenditure of public funds for communications that contain such express advocacy, even if such expenditures have been affirmatively authorized, clearly and unmistakably, by a local agency itself.
Although section 54964, subdivision (c) creates an exception to the statutory prohibition for communications that satisfy the two conditions set forth in that subdivision, subdivision (c) (like the other provisions of section 54964) does not purport affirmatively. 38 See Cal. Elect. Code §§ 9140 (authorizing boards of supervisors to place measures on the ballot); 9222 (authorizing city councils to place measures on the ballot).
39 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1239-40, (The Local Transportation Authority and Improvement Act (Act), which the court described as “a comprehensive statutory scheme to ‘raise additional local revenues to provide highway capital improvements and maintenance and to meet local transportation needs in a timely manner’” citing Cal. Pub. Util. Code, § 180000-180003). 40 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1234. (The agency had retained a private consultant to survey voter support for an extension of the sales tax. The consultant determined the arguments in favor of extension that were received most favorably by the voters polled, potential arguments in opposition, and the best strategy to maximize voter support. In addition, agency staff and committee members attended public meetings with civic groups during which staff presented information regarding the transportation expenditure plan, and the importance of extending an earlier sales tax to satisfying the county’s transportation needs). 41 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1240. 6 BALLOT MEASURES AND PUBLIC AGENCIES
The fact that the agency’s challenged activities occurred well before the measure was put on the ballot was enough for the court. In this regard, the court drew a distinction between activities involving the expenditure of public funds for governing and the expenditure of funds for election campaigning.42 The court in the transportation agency case relied heavily on the analysis of an earlier court of appeal decision.
In that case, which involved a county, the court suggested that putting a measure on the ballot was okay, but other activities may be a closer call.43 The court concluded that:
“On balance, we conclude the power to draft the proposed initiative necessarily implies the power to seek out a willing proponent. We do not perceive the activities of identifying and securing such a proponent for a draft initiative as entailing any degree of public advocacy or promotion, directed at the electorate, of the single viewpoint embodied in the measure.”44
The California Supreme Court agrees with this case to the extent that the case interpreted earlier Supreme Court decisions as allowing public agencies to express opinions on the merits of a proposed ballot measure, so long as agencies do not spend public funds to mount a campaign in favor of the measure.45 Generally summarized, it appears that public agencies may spend public funds to research potential provisions of a ballot measure, draft the measure itself, take the procedural steps necessary to get it on the ballot, have the governing body take a position on the measure, and inform voters about the provisions of the measure in a factual, impartial way.
3. Before we put a measure on the ballot, we want to evaluate its likelihood of success by engaging in various forms of public opinion research (for example, polling and focus groups) to understand how the community might feel about such a measure. May we use public resources for that kind of activity?
Although no court has specifically addressed this, the Attorney General has said that public agencies may spend money for polling and research as long as those resources are not being used to promote a single view in an effort to influence the electorate. For example, the Attorney General has determined that, in preparation for submitting a bond measure to the electorate for approval, a community college district may use district funds to hire a consultant to conduct surveys and establish focus groups to assess the potential support and opposition to the measure, the public’s awareness of the district’s financial needs, and the overall feasibility of developing a bond measure that could win voter approval.46 The Attorney General based his analysis on a court of appeal case that allowed pre-qualification activities,47 noting that the audience for such activities is not the electorate.48
4. May this research be used by advocacy or opposition groups to inform their strategies? In the Attorney General opinion on the community college bond measure, the Attorney General noted that the fact that early focus group and polling information might prove to be of use in an ensuing campaign does not, in itself, necessitate the conclusion that public funds were expended improperly.49 The Attorney General did note that donating or providing this information to a political campaign may give rise to campaign reporting obligations under the Political Reform Act.50 Furthermore, the poll results and the polling consultant’s report on the research will undoubtedly be considered to be public records. 42 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1241. 43 League of Women Voters, 203 Cal. App. 3d at 553 (“Whether CCJCC legitimately could direct the task force to identify and secure a willing sponsor is somewhat more problematical.”)
44 League of Women Voters, 203 Cal. App. 3d at 554.
45 Vargas, 46 Cal. 4th at 36.
46 88 Ops. Cal. Att’y Gen. 46 (2005).
47 League of Women Voters, 203 Cal. App. 3d at 552-54.
48 88 Ops. Cal. Att’y Gen. at 49-50 (noting that “not every activity in connection with a bond measure will necessarily be proper if taken before the measure is placed on the ballot. Activities directed at swaying voters’ opinions are improper, even pre-filing.”) 49 88 Ops. Cal. Att’y Gen. at 50, citing League of Women Voters, 203 Cal. App. 3d at 554. 50 88 Ops. Cal. Att’y Gen. at 50, citing Cal. Gov’t Code, § 81000 and following, 2 Cal. Code Regs. § 18215; Hoffman Advice Letter, No. A-00-074 (Cal. Fair Political Practices Comm’n March 28, 2000); Fair Political Practices Comm’n. v. Suitt, 90 Cal. App. 3d 125, 128-132 (1979). 7 BALLOT MEASURES AND PUBLIC AGENCIES
NOTE ON PUBLIC RECORDS
A factor to keep in mind is the degree to which the consultant’s research and communications about that research are likely to constitute a public record51 subject to disclosure upon request to anyone under California’s Public Records Act.52
5. May a public agency use public resources to hire a communications strategist (consultant) to advise the agency on an effort to place a matter on the ballot? Some of the issues the consultant would advise on include:
• Interpreting and applying the public opinion research and advising on such issues as timing of the election; • What kind of balloting method to use;
• Effective themes and messages to use in describing the measure to the community; • Areas where the public may need more information;
• Communications planning;
• Community outreach activities;
• Informational direct mail program;
• Creating an informational speakers bureau; and
• Interpreting “tracking poll” data after an outreach program to re-assess community support for the measure.
Some public agencies have ongoing and robust communications and engagement efforts with their communities as part of their philosophy of governance. In such communities, hiring help on community outreach activities and communications planning (or having such capacity in-house) is part of how the agency generally operates.
Consistency with a public agency’s established practices is one of the factors the courts look for in assessing whether a particular use of public resources with respect to ballot measure communications is okay.53 The key distinction to keep in mind under the current state of appellate guidance is whether a given use of public resources relates to governing as opposed to election campaigning.54 Understanding community sentiment and needs and then developing measures to meet those needs can be part of an agency’s ongoing governance and communications practices. So can maintaining regular lines of communications between decision-makers and the community.
However, if these activities are not typically part of the agency’s philosophy of governance and regular communications practices, then using public resources for these purposes can be riskier. For example, the Attorney General has concluded that it would be unlawful to use public agency funds to hire a consultant to develop and implement a strategy for building support for a ballot measure (both in terms of building coalitions and financial support for a campaign). The Attorney General said having the consultant assist the district chancellor in scheduling meetings with civic leaders and potential campaign contributors in order to gauge their support for the bond measure would be unlawful if the purpose or effect of such actions is to develop a campaign to promote approval of the bond measure by the electorate.55 51 See Cal. Gov’t Code § 6252(e) (“Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.”). 52 See Cal. Gov’t Code § 6253 (a), (b) (“Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. . . Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.”). 53 Vargas, 46 Cal. 4th at 40. See also Cal. Gov’t Code § 54964(a), (b)(3) (prohibiting local public agency expenditures for activities that expressly advocate the approval or rejection of a clearly identified ballot measure). 54 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1241. 55 88 Ops. Cal. Att’y Gen. at 52.
8 BALLOT MEASURES AND PUBLIC AGENCIES
Under this opinion, the key test is whether the “purpose or effect” of a consultant’s activities is to develop a campaign to promote approval of the bond measure; if so, those activities should not be undertaken with public resources.56 The Attorney General said this means public resources should not be used to fund activities that will form the basis for an eventual campaign to obtain approval of a measure.57 It also means that the safest thing to do is to avoid using public resources for activities that may have the effect of influencing the voters (for example, “developing themes or messages”).
A recent FPPC enforcement action levied a substantial fine against a county for communications about a ballot measure that were funded by a special appropriation made after the measure qualified, and that were not consistent with the county’s normal communications.
If the agency does hire communications consultants, the agency and the consultants should be aware of the transparency requirements that apply to public entity endeavors. This includes the fact that the scope of work in the consultant’s contract, the consultant’s work product, emails and other writings relating to their work that are in the possession of and regularly retained by the agency will be subject to public disclosure should there be an inquiry.58
6. Are there any concerns if the communications strategist ultimately becomes either one of the consultants or the sole consultant to the campaign?
No court decision or Attorney General opinion addresses this specific issue. Having consultants involved in prequalification activities (which are not supposed to involve actions designed to develop a campaign to promote approval of a measure) and then become involved in campaign activities may create a greater risk that a court may conclude the pre-qualification activities were truly designed to support a campaign to promote approval of a measure. It also increases the possibility that the pre-qualification expenses will be reportable as in-kind support for the campaign.
7. May public resources be used to fund signature gathering to qualify a measure for the ballot? The Attorney General says “no.”59 The Attorney General reasoned that such activities cross the line to promoting a single point of view and influence the electorate, which cannot occur unless there is clear and explicit authorization for such activities.60
56 88 Ops. Cal. Att’y Gen. at 52.
57 88 Ops. Cal. Att’y Gen. at 52, citing League of Women Voters, 203 Cal. App. 3d at 558 (expenditures made in anticipation of supporting a measure once it is on the ballot come within reporting requirements of Political Reform Act of 1974); In re Fontana (1976) 2 FPPC Ops. 25 (expenditures made in support of proposal become reportable after proposal becomes a ballot measure). 58 See Cal. Gov’t Code § 6250 and following (California Public Records Act). The breadth of what records are subject to disclosure was recently reviewed by the California Sixth District Appellate Court, which vacated a superior court ruling holding that emails sent and received on officials’ personal (non-agency) email accounts are subject to disclosure, see City of San Jose v. Superior Court of Santa Clara, --- Cal.Rptr.3d ---, 2014 WL 1515001 (Cal.App. 6 Dist., 2014). 59 73 Ops. Cal. Att’y Gen. 255 (1990).
60 See 73 Ops. Cal. Att’y Gen. at 266 (finding no distinction between an initiative or referendum or whether the measure was a state or local one). 9 BALLOT MEASURES AND PUBLIC AGENCIES
About the Institute for Local Government
The Institute for Local Government (ILG) is a nonprofit organization that has served and supported California’s local government leaders for over 65 years. We are committed to empowering and educating public servants by delivering real-world expertise that helps them navigate complex issues, increase their capacity, and build trust in their communities. Together, we work hand-in-hand with local agency staff and elected officials to build a strong foundation of good government at the local level, centered on trust, accountability, responsiveness, and transparency. © 2022 Institute for Local Government. All rights reserved.
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CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Alexander J. Henderson, City Manager; ICMA-CM REVIEWED BY: CW AGENDA ITEM: Chamber of Commerce Contract Discussion
ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
The City is in the process of negotiating contract amendments to the existing agreement with the Chamber of Commerce, last negotiated in 2019. The negotiations were spurred by requests from the Chamber for alterations to the contract. The two original requests from the Chamber were:
1. Removal of Chamber of Commerce responsibility for the July 3rd Independence Day Celebration.
2. Additional $10,000 contribution towards regular operations (currently the City provides $30,000 annually).
After deliberations with Chamber Board representatives, we’ve reached tentative agreement on the main issues and are seeking additional feedback from respective approving bodies. The Chamber informally discussed the item at their regular Board meeting on July 15, 2025.
While there are several language changes intended to clarify or remove/cleanup dated items from the 2019 agreement, highlights of significant alterations include:
• Removal of the July 3rd Independence Day Celebration from the required list of promotional activities the Chamber must deliver annually.
• Removal of the $5,000 City contribution made to the Chamber to support the July 3rd Independence Day Celebration.
• Annual City contribution to remain at $30,000 annually for operations related to contract delivery. • Clarifying language in Section 6 Subcontracting to recognize that certain duties/responsibilities of Festivals may be added by local organizations. Identifies that the Chamber of Commerce is the sole responsible entity for Festival delivery.
The City’s Finance Committee held discussion during their July 28, 2025, regular meeting. Clarifying language regarding a desire to preserve culturally significant events and making sure the Chamber’s website remain updated for Festival information were added as part of the proposed language revisions. The Committee recommended approval to the City Council for additional consideration, with no changes to the financial provisions as presented by staff.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff is recommending the City Council approve the proposed agreement as presented.
POLICY ALTERNATIVE(S)
Meeting Date: 08/20/2025
Agenda Item: 13
1. Council could propose changes to the agreement, either financial or language related.
REASON FOR RECOMMENDATION/KEY METRIC
1. Financial Stability
2. Preserve the Kingsburg Experience
3. Support Businesses
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The City Manager has met with Chamber representatives twice to discuss details of the agreement and language changes proposed by both parties.
BACKGROUND INFORMATION
The City and Chamber of Commerce have had a long contractual partnership. The last negotiated agreement was in 2019, and the Chamber Board of Directors has requested alterations to the existing agreement.
ATTACHED INFORMATION
1. Proposed Agreement (Clean)
2. Proposed Agreement (Redline)
3. Existing Agreement (2019)
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 001 – General Fund
DRAFT 081425
PROFESSIONAL SERVICES AGREEMENT
KINGSBURG DISTRICT CHAMBER OF COMMERCE
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of ______________, 2025 (“Effective Date”) by and between THE CITY OF KINGSBURG, a municipal corporation ("City") and THE KINGSBURG DISTRICT CHAMBER OF COMMERCE, a California nonprofit public benefit corporation (“Chamber”).
WITNESSETH
WHEREAS, the City desires to provide the best possible environment for Kingsburg businesses and residents,
WHEREAS, the mission of the Chamber is to support businesses and the quality of life for the residents of the City of Kingsburg,
WHEREAS, The City and the Chamber enter into this agreement to work together in a formalized relationship to enhance the strengths of the City and the Chamber in the promotion and execution of community events and support of businesses in the City for the benefit of the citizens of Kingsburg.
NOW THEREFORE, in consideration of the above recitals, the Parties agree as follows:
1. Chamber Responsibilities. The Chamber will provide the following services and activities to the City:
a) Support efforts to promote and maintain culturally significant events, including the playing of Swedish music, promotion of traditional Swedish events (e.g. Cultural Village at Swedish Festival) and support of Swedish architectural styling.
b) When necessary, connect existing or potential businesses to City officials to answer questions, provide regulatory guidance and ultimately aid in their success. c) Maintain an updated internet presence through the Chamber’s website and social media outlets.
Utilize these platforms to promote community events and aggressively market the city’s quality eating and drinking establishments, unique specialty shops, and other businesses. d) Actively participate in and support the City’s Economic Development Committee to engage economic development in the City, creating a cohesive message. e) Maintain and staff an office to support Chamber responsibilities as outlined in this agreement. f) Enhance communications by providing a resource person who will respond to questions when asked by the City Council.
g) Conduct and support the following promotional activities each year during the term of this Agreement:
• Annual Car Show
• Kingsburg Swedish Festival
2 • Summer Farmers Market
• Summer Band Concerts Under the Stars
• Crayfish Festival
• Veteran’s Day Celebration
• Julgransfest (Lighting of the Christmas Tree)
• Santa Lucia Celebration
h) Work closely with the Kingsburg Downtown Business Improvement District to support a comprehensive marketing and promotion program of the Downtown Swedish Village. i) In February of each year, provide an annual report to the City Council identifying the Chambers performance of the Chamber’s services and activities the year that is ending and the next year.
2. City Responsibilities. The City will:
a. Provide assistance as available by City Staff to work cooperatively to attract tourism and coordinate festivals. This includes current services provided by City Public Works and Public Safety to help prepare for and staff events. If economic circumstances have the potential to limit city personnel, city will notify the Chamber at least 60 days prior to any upcoming Festival. b. Provide access to City leadership in matters relating to business enhancement and development.
c. Provide financial support to the Chamber at a rate of $30,000.00 annually to be paid in monthly installments of $2,500.00. This financial support shall be expanded by the Chamber solely in the performance of its services to the City as identified in Section 1 of this Agreement. An additional Twelve Thousand Dollars ($12,000.00) will be used solely for funding the Summer Band Concerts Under the Stars.
If the Summer Band Concerts Under the Stars is discontinued, for any reason, the City’s financial support for the discontinued event will terminate and the annual financial support will be reduced accordingly. d. Enhance communications by providing a resource person to attend Chamber Board meetings to respond to questions when asked by the Chamber Board.
3. Term. This Agreement shall have an initial term commence on July 1, 2025 and ending on June 30, 2026. This Agreement shall automatically renew, upon appropriation of funds by the City Council for the fiscal year coinciding with the new one (1) year term. If no funds are appropriated by the City Council for this Agreement for the subsequent fiscal year, this Agreement shall expire on June 30 of the fiscal year for which funds were appropriated.
4. Termination. Either party may at any time terminate this Agreement without cause by providing the other party with not less than sixty (60) days prior written notice of termination.
5. Conflict of Interest.
a) Chamber covenants that no officer, member, or employee of the Chamber, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid services, presently has any interest, and shall not have any interest, direct or indirect, 3 which would conflict in any manner with the performance of the services required under this Agreement.
b) Chamber will not discriminate against any employee or applicant for employment, because of race, color, religion, sex, marital status or national origin. Chamber will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, marital status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.
6. Subcontracting. The Chamber shall not subcontract or otherwise assign any portion of the services and activities to be performed pursuant to this Agreement without the prior written approval of the City, which consent may be withheld in the sole discretion of the City. City understands that certain portions of Festivals are aided by local non-profit organizations. For these purposes, the City does not require permission. Chamber recognizes that all Festival logistics are ultimately the responsibility of the Chamber of Commerce.
7. Prohibition of Assignment. The Chamber shall not assign its rights, duties and responsibilities under this Agreement without the expressed prior written consent of the City, which consent may be withheld in the sole discretion of the City.
8. Independent Contractor. In the performance of the services and activities identified herein, the Chamber is an independent contractor and is not an agent or employee of the City. The Chamber has and shall retain the right to exercise full control and supervision of all persons assisting the Chamber in the performance of said services and activities hereunder. The Chamber shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
9. Indemnification and Insurance.
a) Chamber agrees to indemnify, defend and hold harmless the City and its officials, officers, agents, and employees harmless from any liability caused, claimed, occasioned, or contributed to, by reason of any negligent or intentional act or omission of Chamber or its officers, members, agents, employees or contractors in connection with or incident to or arising out of the performance of this Agreement by the Chamber.
b) City agrees to indemnify, defend and hold Chamber and its offers, agents, and employees, harmless from any liability caused, claimed, occasioned, or contributed to, by reason of any negligent or intentional act or omission of City or its officers, employees or agents in connection with or incident to or arising out of the performance of this Agreement by the City. c) With respect to performance of the services and activities under this Agreement, the Chamber shall maintain insurance as described below:
1. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident.
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
Such liability insurance shall:
4 (i) Name the City, its appointed and elected officials, officers, employees and agents as additional insureds;
(ii) Be primary with respect to any insurance or self-insurance programs maintained by the City;
(iii) Contain standard cross liability provisions.
d. The Chamber shall furnish properly executed certificates of insurance to the City prior to commencement of work under this Agreement. Such certificates shall:
(i) Clearly evidence all coverages required above, including specific evidence of a separate endorsement naming the City as an additional insured;
(ii) Indicate whether coverage provided is on a claims-made or occurrence basis; and (iii) Provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to the City. e. If the Chamber, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the City may purchase such required insurance coverage, and without further notice to the Chamber, the City may recover from the Chamber any premium cost advanced by the City for such insurance.
f. The provisions of this Section 9 shall survive the termination of this Agreement.
10. Notices. Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or email if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
City:
City of Kingsburg
Attn: City Manager
1401 Draper Street
Kingsburg, California 93631
Telephone: (559) 897-5821
Email: [email protected]
Chamber:
Kingsburg District Chamber of Commerce
Attn: _____________________
__________________________
__________________________
Telephone: ________________
Email: ____________________
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.
11. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. 5 12. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
13. Attorney Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California, for any proceeding arising hereunder.
14. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
15. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.
CITY OF KINGSBURG,
a municipal corporation
KINGSBURG DISTRICT CHAMBER OF
COMMERCE, a California non-profit public
benefit corporation
DRAFT
By: _______________________________
Brandon Pursell, Mayor
DRAFT
By: _______________________________
______________________, President
DRAFT 012919081425
PROFESSIONAL SERVICES AGREEMENT
KINGSBURG DISTRICT CHAMBER OF COMMERCE
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of ______________, 2019 2025 (“Effective Date”) by and between THE CITY OF KINGSBURG, a municipal corporation ("City") and THE KINGSBURG DISTRICT CHAMBER OF COMMERCE, a California nonprofit public benefit corporation (“Chamber”).
WITNESSETH
WHEREAS, the City desires to provide the best possible environment for Kingsburg businesses and residents,
WHEREAS, the mission of the Chamber is to support businesses and the quality of life for the residents of the City of Kingsburg,
WHEREAS, The City and the Chamber enter into this agreement to work together in a formalized relationship to enhance the strengths of the City and the Chamber in the attraction, retention, and expansion of business promotion and execution of community events and support of businesses in the City for the benefit of the citizens of Kingsburg.
NOW THEREFORE, in consideration of the above recitals, the Parties agree as follows:
1. Chamber Responsibilities. The Chamber will provide the following services and activities to the City:
a) a. Establish and implement a program to attract tourism to Kingsburg.Support efforts to promote and maintain culturally significant events, The program shall include assisting businesses with the necessary resources to promote the Swedish Village, including, without limitation,including the playing of Swedish music, promotion of traditional Swedish events (e.g.
Cultural Village at Swedish Festival) and support of Swedish architectural styling. b) b. When necessary, connect existing or potential businesses to City officials to answer questions, provide regulatory guidance and ultimately aid in their success. Contact existing businesses in Kingsburg to identify any areas of assistance the Chamber or the City may provide to the business. The Chamber will encourage existing businesses to expand operations. The Chamber is expected to contact at least three (3) businesses each quarter. c) c. Promote interaction between businesses and provide businesses with information and sponsor seminars to support the continued viability of business in the changing legal, cultural and business environmentMaintain an updated internet presence through the Chamber’s website and social media outlets. Utilize these platforms to promote community events and aggressively market the city’s quality eating and drinking establishments, unique specialty shops, and other businesses.
d) d. Actively participate in and support the City’s Economic Development Committee to contact businesses and expandengage economic development in the City, creating a cohesive message.
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2 e) e. Maintain and staff an office to support these responsibilities.Chamber responsibilities as outlined in this agreement.
f) f. Enhance communications by providing a resource person who will respond to questions when asked by the City Council.
g) g. Conduct and support the following promotional activities each year during the term of this Agreement:
Annual Car Show
Kingsburg Swedish Festival
Summer Farmers Market
Summer Band Concerts Under the Stars
Crayfish Festival
Veteran’s Day Celebration
Julgransfest (Lighting of the Christmas Tree)
Santa Lucia Celebration
(i) Summer Farmers Market.
(ii) Summer Band Concerts under the Stars.
(i) (iii) Harvest Moon Music Festival.
(ii) (iv) Annual Car Show
(v) Kingsburg Swedish Festival
(vi) Fourth of July Independence Celebration
(vii) Ladies Night Out
(viii) Veteran’s Day Celebration
(ix) Julgransfest
(x) Santa Lucia Celebration
h) h. Perform the Community Planning Assistance Team Economic Development recommendations identified on Exhibit “A” which is attached hereto and made a part hereof.Work closely with the Kingsburg Downtown Business Improvement District to support a comprehensive marketing and promotion program of the Downtown Swedish Village. i. Provide written quarterly reports to the City Council identifying the Chambers performance of the Chamber’s services and activities as identified in this Agreement. i) j. In February of each year, pProvide an written annual report to the City Council identifying the Chambers performance of the Chamber’s services and activities the year that is ending and the next year.
2. City Responsibilities. The City will:
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3 a. Provide assistance as available by City Staff to work cooperatively to attract tourism and coordinate festivals. This includes current services provided by City Public Works and Public Safety to help prepare for and staff events. If economic circumstances have the potential to limit city personnel, city will notify the Chamber at least 60 days prior to any upcoming Festival. b. Provide access to City leadership in matters relating to business enhancement and development.
c. Provide financial support to the Chamber at a rate of $30,000.00 annually to be paid in monthly installments of $2,500.00. This financial support shall be expanded by the Chamber solely in the performance of its services to the City as identified in Section 1 of this Agreement. An additional, with Twelve Thousand Dollars ($12,000.00) will be used solely for funding the Summer Band Concerts Under the Stars. If and Five Thousand Dollars ($5,000.00) used solely for funding the Fourth of July Independence Celebration. If the Summer Band Concerts Under the Stars or the Fourth of July Independence Celebration is discontinued, for any reason, the City’s financial support for the discontinued event will terminate and the annual financial support will be reduced accordingly. d. Enhance communications by providing a resource person to attend Chamber Board meetings to respond to questions when asked by the Chamber Board.
3. Term. This Agreement shall have an initial term commence on ___________________ July 1, 2025 and ending on _______________. June 30, 2026. This Agreement shall automatically renew, upon appropriation of funds by the City Council for the fiscal year coinciding with the new one (1) year term. If no funds are appropriated by the City Council for this Agreement for the subsequent fiscal year, this Agreement shall expire on June 30 of the fiscal year for which funds were appropriated.
4. Termination. Either party may at any time terminate this Agreement without cause by providing the other party with not less than sixty (60) days prior written notice of termination.
5. Conflict of Interest.
a) a. Chamber covenants that no officer, member, or employee of the Chamber, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid services, presently has any interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services required under this Agreement.
b) b. Chamber will not discriminate against any employee or applicant for employment, because of race, color, religion, sex, marital status or national origin. Chamber will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, marital status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.
6. Subcontracting. The Chamber shall not subcontract or otherwise assign any portion of the services and activities to be performed pursuant to this Agreement without the prior written approval of the City, which consent may be withheld in the sole discretion of the City. City understands that certain portions of Festivals are aided by local non-profit organizations. For these purposes, the City does not require Formatted: Font: (Default) Times New Roman, Font
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4 permission. Chamber recognizes that all Festival logistics are ultimately the responsibility of the Chamber of Commerce.
7. Prohibition of Assignment. The Chamber shall not assign its rights, duties and responsibilities under this Agreement without the expressed prior written consent of the City, which consent may be withheld in the sole discretion of the City.
8. Independent Contractor. In the performance of the services and activities identified herein, the Chamber is an independent contractor and is not an agent or employee of the City. The Chamber has and shall retain the right to exercise full control and supervision of all persons assisting the Chamber in the performance of said services and activities hereunder. The Chamber shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
9. Indemnification and Insurance.
a) a. Chamber agrees to indemnify, defend and hold harmless the City and its officials, officers, agents, and employees harmless from any liability caused, claimed, occasioned, or contributed to, by reason of any negligent or intentional act or omission of Chamber or its officers, members, agents, employees or contractors in connection with or incident to or arising out of the performance of this Agreement by the Chamber.
b) b. City agrees to indemnify, defend and hold Chamber and its offers, agents, and employees, harmless from any liability caused, claimed, occasioned, or contributed to, by reason of any negligent or intentional act or omission of City or its officers, employees or agents in connection with or incident to or arising out of the performance of this Agreement by the City. c) c. With respect to performance of the services and activities under this Agreement, the Chamber shall maintain insurance as described below:
1. 1. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident.
2. 2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
Such liability insurance shall:
(i) Name the City, its appointed and elected officials, officers, employees and agents as additional insureds;
(ii) Be primary with respect to any insurance or self-insurance programs maintained by the City;
(iii) Contain standard cross liability provisions.
d. The Chamber shall furnish properly executed certificates of insurance to the City prior to commencement of work under this Agreement. Such certificates shall:
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5 (i) Clearly evidence all coverages required above, including specific evidence of a separate endorsement naming the City as an additional insured;
(ii) Indicate whether coverage provided is on a claims-made or occurrence basis; and (iii) Provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to the City. e. If the Chamber, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the City may purchase such required insurance coverage, and without further notice to the Chamber, the City may recover from the Chamber any premium cost advanced by the City for such insurance.
f. The provisions of this Section 9 shall survive the termination of this Agreement.
10. Notices. Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or email if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
City:
City of Kingsburg
Attn: City Manager
1401 Draper Street
Kingsburg, California 93631
Telephone: (559) 897-5821
Email: [email protected]
Chamber:
Kingsburg District Chamber of Commerce
Attn: _____________________
__________________________
__________________________
Telephone: ________________
Email: ____________________
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.
11. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.
12. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
13. Attorney Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California, for any proceeding arising hereunder.
14. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
6 15. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.
CITY OF KINGSBURG,
a municipal corporation
KINGSBURG DISTRICT CHAMBER OF
COMMERCE, a California non-profit public
benefit corporation
DRAFT
By: _______________________________
MICHELLE ROMANBrandon Pursell,
Mayor
DRAFT
By: _______________________________
______________________, President
F:\WORD\11\11141.216\Chamber of Commerce Agreement DRAFT 012919.docx EXHIBIT “A”
COMMUNITY PLANNING ASSISTANCE TEAM
RECOMMENDATIONS FOR ECONOMIC DEVELOPMENT
1. Development and maintain a cohesive Downtown economic development partnership with the City and Downtown merchants and property owners to focus limited resources on key strategies for rebuilding a vibrant Downtown.
2. Assist in the creation of a Downtown Business Association of Downtown merchants and property owners whose sole mission is the economic development of a vibrant Downtown Swedish Village.
3. Provide local merchants with ongoing business support and training including, small business seminars. Such training should include business and accounting management, procurement of loans, and marketing techniques which include social media skills.
4. Assist with the formation of a Business Improvement District to fund Downtown improvements to supplement those provided by the City and to support a comprehensive marketing and promotion program of the Downtown Swedish Village.
7 5. In conjunction with the City, aggressively market Downtown to quality eating and drinking establishments, unique specialty shops, and other specialty business including a movie theater.
6. Engage in a comprehensive effort and create programs to promote the Downtown Swedish Village to local residents and employees.
7. In cooperation with the City launch a major effort to attract more tourists to the Downtown Swedish Village.
8. Initiate discussions with bus tour operators to make Kingsburg a regular stop for such bus tours.
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\\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2025\2025.08.20\14 08-20-25 report.doc
CAPITAL IMPROVEMENT PROJECTS
I. Smith Street Parking Lot Improvements
The City Engineer is coordinating with FCRTA to improve the parking lot on Smith Street between Draper Street and Lewis Street. Improvements will include curb repairs, new asphalt, photovoltaic system, and EV chargers.
II. Business Park Access Road
The project involves constructing a new access road and utility extensions into the parcel the City acquired via the Matoian development agreement.
III. Mehlert/Warkentin (14th to 10th) & 20th/21st (Sierra to Mariposa) The project involves constructing alley improvements including concrete alley approaches, concrete valley gutter, and asphalt paving. The project is currently in the design phase and is anticipated to be constructed in summer 2025.
IV. 2025 Streets Project
The project has been completed and included pavement rehabilitation of the following streets:
• SE Area - Eulam Ct, 8th Ave Dr / 9th Ave Dr (Rayser to Mehlert), Mehlert (6th to 7th)
• Tulare Street - 14th - 18th (SB1)
• Stroud Ave - 22nd to Madsen
• NE Area - 23rd/24th/25th (Carolyn - Winter) & Carolyn/Winter (24th to Madsen)
PLANNING & DEVELOPMENT PROJECTS
V. Development Projects
The City Engineer is performing engineering review and/or inspection of the
CITY OF KINGSBURG
ENGINEERING PROGRESS REPORT
AUGUST 20, 2025
\\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2025\2025.08.20\14 08-20-25 report.doc
following entitlement projects:
a) Sinclair Gas Station – The project is in the plan review / permitting phase. b) Rafer Johnson Drive / Sierra Street Gas Station – Construction work has begun on the project site.
c) El Portillo – The project is under construction and the City Engineer is assisting with inspection of site improvements.
d) Khalsa Truck Center – City Engineer has issued an at-risk grading permit for a new truck terminal and dispatch center on Kamm Avenue west of State Route 99.
e) Irigoyan Office (Lewis / California) - The developer is preparing improvement plans related to on-site and off-site infrastructure improvements.
f) 10th Avenue Parcel Map – The City Engineer is reviewing the Final Map and preparing a development agreement for a two lot parcel map on 10th Avenue.
g) Kwik Korner - The project is in the construction phase and includes reconstruction of an existing gas station.
h) Lilla Dallen Senior Complex (10th Avenue) – The Site Plan Review has been completed and conditions of approval has been prepared for the project.
i) SJVH TTM (Willow Glenn) – City Engineer is assisting in review of a proposed tentative tract map for approximately 90 units near Sixth Ave Drive / Kern Street.
OTHER PROJECTS
VI. PG&E Rule 20A Undergrounding Projects
The City Engineer is working with PGE to complete the 10th Avenue (Draper Street to Roosevelt Street) undergrounding project within the City of Kingsburg.
VII. Safe Routes to School Project Grant Application
The City Engineer is preparing grant applications for 2025 Safe Routes to School program – applications are due October 14, 2025
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AJH AGENDA ITEM: Federal and State Transportation Grant Project Awards ACTION REQUESTED: ___Ordinance _ __Resolution _______Motion _ __Receive/File
EXECUTIVE SUMMARY
Over the past couple of years, staff has submitted grant applications for a variety of transportation improvement projects in Kingsburg through the following funding programs:
• Highway Safety Improvement Program (HSIP)
• Surface Transportation Block Grant (STBG)
• Congestion Mitigation and Air Quality (CMAQ)
• Carbon Reduction Program (CRP)
Several of the grant applications were successful and funding has been awarded to complete the projects totaling an amount of $7,229,475 for ten projects. The awarded projects are as follows:
1. Mehlert/Warkentin Alley Improvements
2. 20th/21st Alley Improvements
3. 18th Avenue Reconstruction (Earl to Sierra)
4. Gilroy/Mariposa/18th Roundabout
5. Electric Vehicle Charging Stations at Train Depot
6. Various Rectangular Rapid Flashing Beacon Enhancements at:
a. Rafer Johnson Drive / Sierrra Street
b. 10th Ave / Union Street
c. 18th Avenue / Kern St (Ave 396)
7. 10th & Kern Intersection Improvements
8. Sierra Street Reconstruction (Rafer Johnson to Bethel)
9. 18th Avenue Reconstruction (Stroud to Kamm)
10. 18th-19th-20th Alley Improvements
A list of all the awarded projects with funding levels and programming years and a location map of the projects are attached. The projects will be completed over the next several federal fiscal years with construction occurring in the spring and summer months. Since some projects are programmed several years out, more detailed schedule information will be provided as it becomes available.
Meeting Date: 08/20/2025
Agenda Item: 15
Staff is examining the possibility of completing some of the projects sooner than currently listed. This will help the city spread the local match portions out over different fiscal years, as well as provide the improved infrastructure sooner. Because of the nature of some of the projects, significant coordination with other entities (Schools, etc.) will be required, as well as public outreach and education.
RECOMMENDED ACTION BY CITY COUNCIL
1. Informational only.
POLICY ALTERNATIVE(S)
1. None.
REASON FOR RECOMMENDATION/KEY METRIC
1. Financial Stability
2. Community Safety
3. Community Engagement
4. Preserve the Kingsburg Experience
5. Support Business
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
Council has authorized staff to submit grant applications for the subject projects.
BACKGROUND INFORMATION
See Executive Summary.
ATTACHED INFORMATION
1. Federal / State Grant Funding Transportation Projects List
2. Location Map
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
Location Project Phase Grant $ Local $ Grant $ Local $ Grant $ Local $ Grant $ Local $ PE $22,100 $3,900 $0 (Toll
Credits)
CON $259,000 $0 (Toll
Credits)
PE $22,100 $3,900 $0 (Toll
Credits)
CON $279,000 $0 (Toll
Credits)
PE $32,755 $4,245
CON $308,970 $4,030
PE $136,000 $34,000
CON $1,264,000 $316,000
PE $24,800 $6,200
CON $239,200 $59,800
PE $13,600 $3,400
CON $132,000 $33,000
PE $159,948 $17,772
CON $906,372 $100,708
PE $116,000 $29,000
CON $1,244,000 $311,000
PE $120,000 $30,000
CON $1,223,200 $305,800
PE $81,060 $10,510
CON $637,570 $82,605
Totals = $44,200 $0 $912,903 $65,617 $997,230 $166,340 $5,275,142 $1,116,113 6 7
8 9
10 18th-19th-20th Alley Improvements
Sierra Street Reconstruction (Rafer Johnson to Bethel)
18th Avenue Reconstruction (Stroud to Kamm)
Various RRFB Enhancements
10th & Kern Intersection Improvements
Gilroy/Mariposa/18th Roundabout
Electric Vehicle Charging Stations at Train Depot
20th/21st Alley Improvements
18th Avenue Reconstruction (Earl to Sierra)
Federal / State Funded Transportation Projects
Mehlert/Warkentin Alley Improvements
Prior Years FY 25-26 FY 26-27 FY 27-28
1 2
3 4
5