CITY COUNCIL/SUCCESSOR
AGENCY/PUBLIC FINANCE AUTHORITY
MEETINGAGENDA
September 15, 2022
6:00 PM
The Mission of the City of Coalinga is to provide for the preservation of the community character by delivering quality, responsive City services, in an efficient and cost-effective manner, and to develop, encourage, and promote a diversified economic base in order to ensure the future financial stability of the City for its citizens.
Notice is hereby given that the City Council will hold a Regular Meeting, on September 15, 2022 in the City Council Chambers, 155 West Durian Avenue, Coalinga, CA.
Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at 935-1533 x113. Anyone interested in translation services should contact the City Clerk at least 24 hours prior to the meeting at 935-1533 x113. The Meeting will begin at 6:00 p.m. and the Agenda will be as follows:
1. CALL TO ORDER
1. Pledge of Allegiance
2. Changes to the Agenda
3. Council's Approval of Agenda
2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS (NONE)
3. CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item within the jurisdiction of the Council. Members of the public, when recognized by the Mayor, should come forward to the lectern, identify themselves and use the microphone. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening and all items will be referred to staff for follow up and a report.
Citizen Comments submitted in writing to the City Clerk by 5:00pm on the day of the City Council meeting shall be distributed to the City Council and included in the record, however they will not be read.
4. PUBLIC HEARINGS
1. Continued Public Hearing for the Introduction and Waiving of the First Reading of Ordinance No. 853 - City Initiated Zoning Text Amendment (No. ZTA 22-01) Amending the Planning and Zoning Code Related to Accessory Dwelling Units (ADU's), Floodplain Regulations and Density Bonus
Sean Brewer, Assistant City Manager
5. CONSENT CALENDAR
1. Approve MINUTES - August 24, 2022 (Special)
2. Consideration of Bid Award for Elm Avenue Beautification Phase III Project
3. Notice of Completion for the West Coalinga Multi-Use Trails Project - Project No.
CML-5146(022)
4. Approve Memorandum of Understanding MOU between the City of Coalinga and Service Employees International Union (SEIU) CTW-CLC Local 521
5. Adopt Resolution No. 4117 Approving an Amendment to the Standard Agreement for the 2020 Community Development Block Grant Program - Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA Dated December 18, 2020
6. Adopt Resolution No. 4118 Revising the Basic Pay Scale
7. Adopt Resolution No. 4119 Amending the City's Conflict of Interest Code Regarding Designated Employees and Disclosure Categories as Required by the Political Reform Act and Approving the 2022 Local Agency Biennial Notice
8. Direct Staff to Initiate a Zoning Text Amendment Regulating Food Trucks in the City
9. Approve Allocation of Unanticipated Revenue from Public Works Surplus Vehicle Sales
10. Direct Staff to Explore the Feasibility of Upgrading the City's Wastewater Treatment Plant to Tertiary Treatment.
11. Authorize Assistant City Manager to Execute a Professional Services Agreement with Donabedian Hannah Architecture to provide Architecture Design Services related to the Cottage Home Program
12. Rejection of Claim for Damages Presented by Karrie Ramsey Nagro
6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS
1. Housing Element Kickoff Study Session (Joint Planning Commission and City Council Discussion)
Sean Brewer, Assistant City Manager
2. Drought Update and Ongoing Conservation Efforts and Discussion and Potential Action regarding Adoption of Resolution No. 4120 Permitting the Watering of Front Yard Turf/Lawn Once Per Week (Mondays Only)
Sean Brewer, Assistant City Manager
7. ANNOUNCEMENTS
1. City Manager's Announcements
2. Councilmembers' Announcements/Reports
3. Mayor's Announcements
8. FUTURE AGENDA ITEMS
9. CLOSED SESSION (NONE)
10. CLOSED SESSION REPORT
Closed Session: A "Closed" or "Executive" Session of the City Council, Successor Agency, or Public Finance Authority may be held as required for items as follows: personnel matters; labor negotiations; security matters; providing instructions to real property negotiators; legal counsel regarding pending litigation; and protection of records exempt from public disclosure.
Closed session will be held in the Administration Building at 155 W. Durian Avenue and any announcements or discussion will be held at the same location following Closed Session.
11. ADJOURNMENT
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Continued Public Hearing for the Introduction and Waiving of the First Reading of Ordinance No. 853 - City Initiated Zoning Text Amendment (No. ZTA 22-01) Amending the Planning and Zoning Code Related to Accessory Dwelling Units (ADU's), Floodplain Regulations and Density Bonus
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Introduce and Waive the First Reading of Ordinance No. 853 - Amending the Planning and Zoning Code Related to Accessory Dwelling Units, Floodplain Management and Density Bonus.
II. BACKGROUND:
The State legislature enacted accessory dwelling unit (ADU) legislation in 2017, 2018, and 2020 to reduce regulatory barriers and costs, streamline approval, and expand the potentialcapacity for ADUs in response to California's housing shortage. A summary of the State laws and changes are summarized and attached to this report. The State ADU laws preempt local ordinances and cities must implement these laws with limited exceptions. As a result, the City’s existing ordinance is unenforceable under State law and staff has been applying the State’s requirements to allADU applications.
On July 26, 2022 the Planning Commission conducted a public hearing and - adopted Resolution No. 022P005, recommendation to the City Council for Approval of a City Initiated Zoning Text Amendment (No.
ZTA 22-01).
On August 4, 2022 and September 1, 2022, the City Councilcontinued the public hearing to make changes related to garage conversions and permitted locations for ADU's. Staff has highlights and made some minor changes to the ordinance based on the Councils direction. The attached ordinance has incorporated the requested changes by the City Council.
III. DISCUSSION:
What are Accessory Dwelling Units and Junior Accessory Dwelling Units? An accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone single-family home or multi-family development. ADUs are also referred to as accessory apartments, secondary suites, and granny units/flats. ADUs can be converted portions of existing homes (i.e., internalADUs), additions to new or existing homes (i.e., attached ADUs), or new stand-alone structures or converted portions of existing stand-alone accessory structures (i.e., detached ADUs).
ADUs come in a variety of types as illustrated in the graphic below. Existing residences can accommodate ADUs through garage conversions, which is converting an existing garage into living space, attaching a new ADU to an existing home, or retrofitting an existing home by dividing the home either on a second floor, or a portion of an existing floor. Other examples include new detached units, an addition above an existing or new garage, as wellas converting existing detached accessory structures.
Internal, attached, and detached ADUs all have the potential to increase housing availability consistent facilitating better use of the existing housing stock. Along with ADUs, Junior ADUs are another type of dwelling unit that is required by State law. Junior ADUs allow for the repurposing of an existing space in a single-family residence by incorporating a small kitchen, such as a wet-bar, and an exterior entrance to allow its use as a connected, but private living space within a larger residence. There are a few primary distinctions between a Junior ADU and an ADU as follows:
Can only be located within an existing or proposed single family residence such as RMD Zoning Designation with alley access. - Council wishes to change to all residentialzoning districts.
JADU’s must be no greater than 500 square feet in size.
ADU’s must be no greater than 1,200 square feet in size Must have its own separate entrance.
The proposed ADU ordinance amendment would bring the City's ordinance into compliance with State law and includes the following revisions:
Allow for the development of a Junior ADU fully contained within the residence, in addition to, a detached ADU on residentially zoned lots with an existing or proposed single family residence.
Only permitted in residentialzoned properties with alley access. Council wishes to change to all residential districts.
Further reduce parking standards for ADUs and allow required parking in setback areas (e.g., in a driveway).
Reduce side and rear setbacks for ADUs from 5-feet to 4-feet.
Increase building to 16-feet to allow ADUs to be constructed.
No impact fees on ADUs of 750 square feet or less.
Any impact fee that is required for an ADU that is 750 square feet or larger in size will be charged proportionately in relation to the square footage of the primary dwelling unit.
An updated copy of Ordinance No. 853 is attached for the City Council's review and consideration.
General Plan/Zoning Consistency: The proposed zoning text amendment is consistent with the general plan policies and implementation measures including zoning consistency for residential uses. These changes further enhance the general plan and intent of the zoning code.
Public Notification: On July 11, 2022 public hearing notices were posted and emailed to local paper in accordance with localand state regulations.
Environmental Determination: This text amendment has been reviewed in accordance with CEQA and staff has determined that this ordinance change would not have a detrimentaleffect on the health, safety and welfare of the community and fall under Section 15061(b)(3) - General Rule Exemption.
IV. ALTERNATIVES:
None determined at this time.
V. FISCAL IMPACT:
The following standard findings must be made for each Zoning Ordinance amendment:
1. The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
2. The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.
3. If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physicalconstraints) for the requested zoning designations and anticipated land uses/developments.
4. The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.
ATTACHMENTS:
File Name Description
Summary_of_State_ADU_Legislation.docx Summary ofADU State Legislation Ordinance_No._853_-_ADU-FP-DB_Updated_9-1-2022.docx Ordinance No. 853 - ADU, Floodplain, Density Bonus Summary of State ADU Legislation
Accessory Dwelling Unit Legislation 2016-2020
Bill Number Date Enacted Summary of ADU Changes
SB 1069 01/01/2017 Reduced parking to once space per bedroom or unit Allowed off-street parking to be tandem or in setback areas Eliminate Parking requirements if ADU meets the following:
1/2 mile from public transit
part of an existing residence or existing accessory structure within one block of a car share
in an area where on-street permits are required but not offered to the ADU
Prohibits agencies from requiring new or separate utility connections
Prohibits agencies from charging new connection fees when located within an existing residence or accessory structure Requires agencies to charge fees must be proportionate to the burden of services
Fire sprinklers not required if they are not required in the primary residence.
Total prohibition not permitted unless jurisdiction extreme hardship (i.e. lack of water, sewer capacity)
AB 2299 01/01/2017 A municipality must approve an ADU through a building permit if comply with the following:
lot is zoned for SFR or MFR uses and contains and existing SFR
ADU is either attached to the existing unit, or located within the living area of the existing unit or detached on the same lot
increased floor area of an ADU does not exceed 50% of the existing living area of an SFR with a max. 1,200 sf
Elimination of setback requirements for an existing garage that is converted into an ADU
AB 2406 01/01/2017 Allows for Junior ADUs to be developed, when an ordinance is adopted that are under 500 square feet in size and
completely contained within an existing residential unit with the following requirements:
1 JADU per SFR zoned lot with an existing residence
Primary unit or JADU must be owner occupied
Entirely within residential structure and have its own separate entrance
May share bath with primary unit or have its own bath
Prohibits parking as a condition of a permit
Prohibits connection fees from being charged
SB 229 01/01/2018 Allows for ADUS in single family and multi-family residential zones that allow residential uses
Allows for replacement parking anyone on the lot where a garage, carport, or covered parking structure is converted into an ADU
Requires municipalities to submit ADU regulations to HCD for review and approval
AB 494 01/01/2018 ADUs may not be sold separately, but can be rented No setback is required if a portion of a garage is converted into an ADU
ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COALINGA, CALIFORNIA AMENDING TITLE 9 OF
THE COALINGA MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS, FLOODPLAIN MANAGEMENT AND DENSITY BOUNUS.
WHEREAS, Title 9 of the Coalinga Municipal code establishes regulations, requirements and standards including but not limited to: controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, open spaces surrounding buildings, the areas and dimensions of lot areas and building sites, the location, size, and illumination of signs, and requiring the provision of usable open space, screening and landscaping, off-street parking and loading facilities, and;
WHEREAS, the City wishes to update Title 9 of the Municipal Code to update regulations related accessory dwelling units, floodplain management and density bonus in order to comply with state legislation related to accessory dwelling units; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COALINGA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.
SECTION 2. The City Council hereby amends Section 9-5.121 to Article 1 of Chapter 5 in Title 9 of the Coalinga Municipal Code related to Accessory Dwelling Units to read as follows:
Sec 9-5.121 - Accessory Residential Dwelling Units
A. Purpose and intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).
1. This section is intended to comply with Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code sections 65852.2 and 65852.22.
2. An ADU or JADU that complies with this section is considered an accessory use or an accessory building that does not exceed the allowable density for the lot upon which it is located.
3. An ADU or JADU that complies with this section is considered a residential use that is consistent with the existing general plan and zoning designations for the lot.
4. An ADU or JADU that complies with this section will not be considered in the application of any other local ordinance, policy, or program to limit residential growth.
5. ADUs and JADUs dwelling units will contribute to the needed housing to the community’s housing stock and promote housing opportunities for the persons wishing to reside in the City of Coalinga.
6. This section is not intended to regulate multi-generational dwelling units.
7. Effect of Conforming Accessory Dwelling Unit. An accessory dwelling unit that conforms to this section shall:
a. Be deemed an accessory use and not be considered to exceed the allowable density for the lot upon which it is located;
b. Be deemed a residential use that is consistent with the City’s General Plan and the zoning designations for the lot;
c. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
d. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
B. Definitions. The following definitions apply to the operation of this Section. To the extent these definitions conflict with definitions found elsewhere in this title, including Section
9.120.020, the definitions set forth in this Section shall control.
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single family or multifamily dwelling is or will be situated. An ADU may be an efficiency unit or a manufactured home, as defined.
2. “Accessory structure” means a structure permitted that is accessory and incidental to a dwelling located on the same lot.
3. “Efficiency unit” has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:
a. The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit.
b. The unit has a separate closet.
c. The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the California Building Standards Code.
d. The unit has a separate bathroom containing a water closet, lavatory, and bathtub or shower.
4. “Floor area” or “Total floor area” means the entire ground-level square footage of the structure, including the living area, as defined, and any non-habitable area within the structure, such as a garage or storage space.
5. “Impact fee” has the same meaning as the term “fee” is defined in Government Code section 66000(b), except that it also includes fees specified in Government Code section 66477. “Impact fee” does not include any connection fee or capacity charge.
6. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of a proposed or existing single-family residence, or other approved structure as specified in Government Code section 65852.2(e). A JADU must include the following features:
a. Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.
b. An efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
7. “Kitchen” has the same meaning.
8. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 3
9. “Multi-generational dwelling unit” means a dwelling unit, that does not include a kitchen, contained entirely within the walls of a proposed or existing single-family residence where access is not restricted between areas of the residence.
10. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards, but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.
11. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
12. “Permanent provisions for cooking” has the same meaning as “kitchen.”
13. “Permanent provisions for sanitation” and “sanitation facilities” means a separate bathroom containing a water closet, lavatory, and bathtub or shower.
14. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
15. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
16. “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Targeted Neighborhoods. ADUs and JADUs are allowed in all residential zoning districts, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection F below, it is allowed with only a building permit in the following scenarios:
a. Converted Space or Structure on Single-Family Lot. Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure.
ii. Has exterior access that is independent of that for the single-family dwelling. iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade is 16 feet or less.
c. Converted on Multifamily Lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages that satisfied the following:
i. If each converted, ADU complies with state building standards for dwellings. ii. The ADU home shall be built using plans provided by the city. d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller.
2. ADU Permits.
a. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth (in subsections E and F below).
b. Impact Fee.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size will be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
iii. Except as otherwise provided in this chapter, the construction of an accessory dwelling and junior accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
3. Application Process and Timing.
a. An ADU permit is considered and approved ministerially without discretionary review or hearing.
b. The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application, unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. In the case of a JADU, and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the City acts on the permit application to create the JADU will still be considered magisterially without discretionary review or a hearing. c. Application Requirements. Applications for an accessory dwelling unit permit shall be made in writing by the property owner or his or her authorized agent, on forms provided by the Community Development Department, and accompanied by such data and information as may be necessary to fully describe the request including:
i. A to-scale and fully dimensioned site plan showing the proposed accessory dwelling unit or junior accessory dwelling unit and all existing structures on the property including patio covers, other accessory structures, fences and driveways; ii. Elevations of the proposed accessory dwelling unit including building dimensions, material call outs and a color and materials sample board as requested by the Community Development Director;
iii. Photographs of the exterior of the primary residence as requested by the Community Development Director;.
iv. Construction Plan. Construction plan and staging to minimize impacts on surrounding residential properties.
d. The filing and review fee shall be as prescribed by the Community Development Department. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance.
4. Nonconforming ADUs and Discretionary Approval.
a. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsection E and F may be allowed by the City with the approval of the Community Development Director.
i. The maximum size of an ADU subject to this subsection (D)(4) is 1,200 square feet, or three bedrooms.
b. Findings. Before approval, the Community Development Director (or designee) must find that:
i. The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;
ii. If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;
iii. The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;
iv. Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;
v. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access or parking of adjacent properties; and vi. Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved:
1. Zoning.
a. An ADU or JADU subject to a building permit may be created on a lot in a residential zone.
b. An ADU or JADU subject to an ADU permit may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2. Fire sprinklers are required in an ADU
3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
4. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
5. Building and Construction.
a. An accessory unit shall meet the requirements of the building code that apply to detached dwellings, as appropriate.
F. Specific ADU and JADU Requirements. The following requirements apply to ADUs that require an ADU permit under subsection (D)(2) above.
1. Unit Size.
a) If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed 50 percent of the floor area of the existing primary dwelling. b) The total floor area for a detached ADU may not exceed 1,200 square feet. c) An attached or detached one-bedroom ADU may not be more than 850 square feet of living area.
d) An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area.
e) An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an efficiency unit is not permitted.
2. Parking—General Requirement. Accessory dwelling units must meet the following parking standards:
a. At minimum at least One (1) off-street parking space per ADU is required. These spaces may be provided in setback areas or as tandem parking on a driveway. The parking space is not required to be covered.
b. Parking configuration, if required:
i. Parking arrangements are not permitted if the Community Development Director (or designee) makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions.
c. Exceptions. Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:
i. The accessory dwelling unit is located within one-half mile of public transit, including a public bus stop, bus station or transit station. ii. The accessory dwelling unit is located within a designated historic district. iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is an established car share vehicle stop located within one block of the accessory dwelling unit.
d. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
3. Height.
a. The height of an attached ADU shall not exceed the height of the primary structure or 30 feet in height above grade, whichever is greater, measured to the peak of the structure.
b. A detached ADU may not exceed 16 feet in height, above grade, measured to the peak of the structure.
c. A unit above a detached garage located contiguous to an alley may not exceed 25 feet in height above grade, measured to the peak of the structure.
4. Setbacks.
a. Attached and Detached Accessory Dwelling Unit. Except as provided in subsection (D)(1), an attached or detached ADU is subject to side and rear setbacks of four feet. b. Alley Adjacent Accessory Dwelling Units and Accessory Dwelling Units Adjacent to Residentially Zoned Property. Side or rear yard setbacks adjacent to an alley or residentially zoned property shall be zero feet. Parking provided off the alley shall maintain a 24-foot back out, which includes the alley.
c. Garage and Accessory Building Conversion. No setback shall be required for a legally established, existing garage or accessory building that is converted to an accessory dwelling unit, provided the structure is not expanded and is subject to side and rear setbacks of four feet. Garage conversions are only permitted on detached accessory structures located in the rear of the main structure. No conversion of attached garages is permitted.
d. Addition Over a Garage. A minimum side and rear setback shall apply to the newly constructed portion for an accessory dwelling unit constructed above a legally established existing garage when in the rear yard.
5. Lot Coverage
a. Lot Coverage. No ADU may cause the total lot coverage of the single-family lot to exceed 50%.
b. Rear Yard Coverage. An accessory dwelling unit shall not result in more than 30% rear yard coverage as measured from the rear wall of the primary residence to the rear property line (or as measured from the average distance of the rear wall from the rear property boundary if the rear wall does not follow a straight line). c. A detached accessory dwelling unit must be ten feet away from the main residence and five feet away from any property lines.
6. Architecture Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same as the appearance of the primary dwelling.
b. The roof slope must be the same that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way.
e. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
f. Access stairs, entry doors and decks must face the primary residence, side yard or the alley, if applicable.
g. A garage converted to an accessory dwelling unit shall include removal of garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details.
g. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of Interior.
F. Occupancy and Ownership. ADUs and JADUs must comply with the following standards.
1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.
2. An ADU or JADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.
3. Owner-occupancy is not required for ADUs. Owner-occupancy is required in the singlefamily residence in which a JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.
G. Special Provisions for Duplex Dwelling Units as Replacement Housing.
1. The special duplex dwelling unit provisions of this subsection shall only apply to areas within the boundaries of the City designated as a Residential Medium Density Residential (RMD) Zoning Designation.
2. The allowable number of new duplex dwelling units created under the provisions of this subsection shall not exceed the overall density limitations for Residential Medium Density Residential (RMD) uses, which is one dwelling unit for each six thousand (6,000) square feet of parcel area on a block-by-block basis.
3. A minimum parcel area of seven thousand five hundred (7,500) square feet (e.g., a typical fifty-foot (50') by one-hundred-fifty-foot (150') downtown parcel) shall be required to qualify for the specific duplex provisions of this subsection, which must meet current RMD development zoning regulations
4. Parcel coverage, setbacks, and other site design and building standards for the R-1 SingleFamily Residential Districts shall apply to ensure that new duplex dwelling units are visually compatible with the established character of the adjoining residential neighborhood, which must meet current RMD development zoning regulations
5. Off-street parking, second-story limitations, and structure design shall be considered as part of the special permit review process to maintain the visual character of the area. Normally two (2) covered parking spaces shall be required for each unit, which must meet current RMD development zoning regulations.
6. A site plan review shall be required for duplex dwelling units and a public hearing shall be held in compliance.
H. ADUs and Regional Housing Needs Assessment. Subdivisions and multifamily housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City’s Housing Element as adequate sites for affordable housing, as provided in Government Code section 65583.1(a).
I. Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes an ADU or JADU.
SECTION 3. The City Council hereby amends Article 5 of Chapter 8 of Title 9 of the Coalinga Municipal Code related to Floodplain Management to read as follows:
Sec. 9-8.501. Standards of construction.
(a) In all areas of special flood hazards the following are required:
(1) Anchoring.
a. All new construction and substantial improvements of structures, including manufactured homes and Accessory Dwelling Units or Junior Accessory Dwelling Units (ADU’s or JADU’s), shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes and ADU’s and JADU’s shall meet the anchoring standards of Section 9-8.504.
(2) Construction materials and methods.
a. All new construction and substantial improvements shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
4. If within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(3) Elevation and flood proofing (See Section 9-8.202, Definitions for "Basement", Lowest floor", "New construction", "Substantial damage" and "Substantial improvement"). a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement;
1. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two (2) feet above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two (2) feet, or elevated at least four (4) feet above the highest adjacent grade if no depth number is specified.)
2. In an A zone, elevated to or above the base flood elevation, said base flood elevation shall be determined by one of the methods on Section 9-8.403(a)(2) of this chapter. (The State of California recommends the lowest floor be elevated at least two (2) feet above the base flood elevation, as determined by the community.)
3. In all other zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two (2) feet above the base flood elevation.) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the Community Building Inspector of the City to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
b. Nonresidential construction, whether new construction or substantial improvement, shall either be elevated to conform with Section 9-8.501(a)(3)a. of this article or, together with attendant utility and sanitary facilities;
1. Be flood proofed below the elevation recommended under Section 9-8.501(a)(3)a. of this article so that the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of Section 9-8.501(a)(3)b. of this article are satisfied. Such certification shall be provided to the Floodplain Administrator.
c. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:
1. Have a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be
equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwater; or
2. Be certified by a registered professional engineer or architect. d. Manufactured homes shall also meet the standards in Section 9-8.504.
Sec. 9-8.502. Standards for utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(1) Infiltration of floodwaters into the systems; and
(2) Discharge from systems into floodwaters.
(b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Sec. 9-8.503. Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
(b) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (f) All new subdivisions proposals and other proposed development, including proposals for manufactured and ADU’s and JADU’s home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall:
(1) Identify the special flood hazard areas (SFHAA) and base flood elevations (BFE). (2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans. (3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
Created: 2021-07-01 17:27:28 [EST]
(Supp. No. 15)
Sec. 9-8.504. Standards for manufactured homes.
(a) All manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's flood insurance rate map, on sites located:
(1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage (see "substantial damage" definition) as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor is elevated to or above base flood elevation (the State of California recommends at least two (2) feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of 9-8.504(a) will be securely fastened to an adequately anchored foundation to resist flotation collapse and lateral movement, and will be elevated so that either:
(1) The lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two (2) feet above the base flood elevation); or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.
(3) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector, to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
(c) Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section 9-8.504. All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section 9-8.501(a), construction materials and methods requirements in Article 5.501.1 and flood openings requirements in Section 9-8.504(a).
Sec. 9-8.505. Standards for recreational vehicles.
(a) All recreational vehicles placed on sites within zones A1-30, AH and AE on the community's flood insurance rate map will either:
(1) Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or
(2) Meet the permit requirements of Article 4 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 9-8.504(a).
Sec. 9-8.504 -Standards for Accessory Dwelling Units
(a) ADU Building Standards.
1. The ADU shall not exceed a single story, unless constructed above a detached garage, or the height limit of the applicable zoning district, whichever is more restrictive.
2. The floor area of the ADU together with the floor area of the primary dwelling unit shall not cause the parcel coverage for the subject site to exceed the maximum allowable lot coverage for the applicable zoning district.
3. The development of the ADU shall be subject to the property development standards for the subject zoning district in which the ADU is located.
4. Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the ADU shall conform to all applicable standards of the building, health, and other codes adopted by the City. (Refer to Table 2-3 in Division 2 of this title for residential lot coverage requirements.)
5. Attached ADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).
6. Detached ADUs shall comply with building and fire code separation standards, and be compatible with the materials and colors of the primary dwelling.
7. No passageway is required in conjunction with the construction of an ADU.
8. Approval by the County Health Officer and City Public Utilities Director is required where a private water well and/or private sewage disposal system is being used.
9. Fire sprinklers are required for ADUs if fire sprinklers are required for the primary residence.
10. A new or separate utility connection directly between the ADU and the utility is not required unless the ADU is constructed with a new single-family home or a new detached structure.
(b) JADU Building Standards. JADUs shall comply with the following:
1. A JADU must include a separate entrance from the main entrance to the proposed or existing single-family residence.
2. A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
3. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
4. A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee.
5. Deed Restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:
6. Prohibit the sale of the JADU separate from the sale of the single-family residence, and include a statement that the deed restriction may be enforced against future purchasers.
7. Restrict the size and attributes of the JADU that conform with this section. (c) Multifamily ADUs. The following ADUs are permitted within a residential or mixed-use zone on a lot that has an existing multifamily dwelling:
1. One (1) or more ADUs, up to 25 percent of the existing multifamily dwelling units, constructed within the portions of the existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
2. Up to two (2) detached ADUs, subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
Sec. 9-8.506. Floodways.
(a) Located within areas of special flood hazards established in Section 9-8.302 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1) Encroachments, including fill, new construction, substantial improvement and other new development, are prohibited unless certification by a registered professional engineer or architect is provided, demonstrating that encroachments will not result in any increase in the base flood elevation during the occurrence of the base flood discharge. (2) If subsection (a) of this section is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this article 5.
SECTION 4. The City Council hereby amends Article 13 of Chapter 6 in Title 9 of the Coalinga Municipal Code related to Density Bonus to read as follows:
Sec. 9-6.1301. – Residential Density Bonus
As required by Government Code Section 65915, this chapter offers density bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 9.26.020 (Eligibility for bonus, incentives, or concessions).
This chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan. As used in this Chapter and when otherwise required by Government Code section 65915 et seq., “housing development” means a development project for five or more residential units, including mixed-use developments, that meets the requirements of Government Code section 65915(i).
In order to be eligible for a density bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Development Code.
A. Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:
1. Ten percent (10%) of the total number of proposed units are for lower-income households, as defined in Health and Safety Code Section 50079.5; 2
2. Five percent (5%) of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105;
3. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and
51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 and 799.5;
4. Ten percent (10%) of the total dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;
5. Ten percent (10%) of the total number of proposed units of housing for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act; or
6. Twenty percent (20%) of the total number of proposed units for lower income students in a student housing development that meets the requirements, as defined by Government Code Section 65915.
7. One hundred percent (100%) of the total units, exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of the total units in the development may be for moderate income households, as defined in Health and Safety Code Section 50053.
B. Applicant selection of basis for bonus: For purposes of calculating the amount of the density bonus in compliance with Section 9.26.030 (Allowed density bonuses), the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of subsection (A)(1), (2), (3), or (4), (5), (6), or (7) of this section. A preliminary application submitted pursuant to Section 9.50.055 shall include the number of bonus units requested pursuant to this section.
C. Bonus units shall not qualify as a project. A density bonus granted in compliance with Section 9.26.030 (Allowed density bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection A of this section.
D. Minimum project size to qualify for density bonus. The density bonus provided by this chapter shall be available only to a housing development of five (5) or more dwelling units.
E. Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5.
Sec. 9-6.1302. -Accessory Dwelling Units allowed density bonuses The Director shall determine the amount of a density bonus allowed in a housing development in compliance with this section. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district as of the date of preliminary or final application by the applicant to the City.
A. Density bonus. A housing development that complies with the eligibility requirements shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant:
1. Bonus for units for lower-income households. A housing development that is eligible for a bonus in compliance with the criteria (1) (ten percent (10%) of units for lower-income households) shall be entitled to a density bonus calculated as follows in Table 1:
2. Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria (2) (five percent (5%) of units for very low-income households) shall be entitled to a density bonus calculated as follows in Table 1:
3. Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with (3) (senior citizen development or mobile home park) shall be entitled to a density bonus of twenty percent (20%).
4. Bonus for moderate-income units in common interest development. A housing development that is eligible for a bonus in compliance with (4) (ten percent (10%) of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows in Table 1:
Table 1: Density Bonus Standards for Developments of 5 or more units.
EXPAND
No. Target
Development
Type
Target Units
Provided
"Sliding Scale",
or Increase of
Density Bonus
for every 1%
increase in
Target Units
provided
Density Bonus
that may be
granted
Number of
Incentives and
Concessions
that may be
granted
A. Very Low
Income
housing units
Min. 5% very
low income
units
2.5% Min. 20% up
to max. of 35%
1 for 5%
2 for 10%
3 for 15%
very low income
units
B. Low Income
housing units
Min. 10% low
income units
1.5% Min. 20% up
to max. of 35%
1 for 10%
2 for 20%
3 for 30%
lower income
units
C. Moderate
Income
housing units
in a common
interest
development
(i.e.
Condominium
or Planned
Development)
Min. 10%
moderate
income units
1% Min. 20% up
to max. of 35%
1 for 10%
2 for 20%
3 for 30%
moderate
income units
D. Senior Housing
(age 55+)
Min. 35 senior
units
N/A 20% N/A
E. Land Donation
of min. 1 acre
and zoned to
permit at least
40 units. Other
State Density
Bonus law
requirements
apply.
Min. 10% of
very low
income units
1% Min. 15%, up
to max. of
35%. (may be
combined with
other
Development
Types A to D
to 35%)
In conformance
with
Development
Type
F. Conversion of
apartments to
condominiums
(Government
Min. 33% low
or moderate
income units,
N/A Up to 25%
increase above
the existing
number of
N/A
Code Section
65915.5)
or 15% to low
income
apartments
proposed for
conversion
G. Housing
Development
with child care
facility
N/A N/A Additional
density bonus
of residential
square
footage, that
is greater than
or the same as
the square
footage of the
child care
facility
One incentive
or concession
that contributes
significantly to
the economic
feasibility of the
construction of
the child care
facility may be
granted in lieu
of the density
bonus.
Note: All density calculations resulting in fractional units shall be rounded up. Development Type D, Senior Housing, includes any mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
5. Bonus for transitional foster youth, disabled veterans, or homeless persons development. A housing development that is eligible for a bonus in compliance with (5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of twenty percent (20%)
6. Bonus for lower income students in a student housing development. A housing development that is eligible for a bonus in compliance with (6) (lower income students in student housing) shall be entitled to a density bonus of thirty-five percent (35%).
7. Bonus for units for lower-income and moderate-income households. A housing development that is eligible for a bonus in compliance with (7) (lower-income and moderate-income households) shall be entitled to a density bonus of eighty percent (80%) of the number of units of lower income households. If the housing development is located within one-half mile of a major transit stop, there shall be no maximum controls on density.
a. A housing development that receives a waiver from maximum controls on density shall not be eligible for, and shall not receive, a waiver or reduction of any other development standards, other than a height increase of up to three additional stories, or 33 feet, as expressly provided in Section
9.26.040(C)(4).
b. “Major transit stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
8. Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development.
a. Basic bonus. The applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district for the entire development, and an additional increase as follows:
b. Increased bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (A)(1) through (7) of this section up to a maximum combined mandated density increase of thirty-five percent (35%) if an applicant seeks both the increase required in compliance with this subsection (A)(8), as well as the bonuses provided by subsections (A)(1) through (7) of this section.
c. Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:
(1) The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.
(3) The transferred land is at least one acre in size, or of sufficient size to permit development of at least forty (40) units; has the appropriate Land Use Plan designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. (4) No later than the date of approval of the final map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer.
(5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 9.26.070 (Continued availability), which shall be recorded on the property at the time of dedication. (6) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing developer.
(7) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter (1/4) mile of the boundary of the proposed development.
Sec. 9-6.1303. - Accessory Dwelling Units allowed incentives or concessions A. Applicant request and City approval.
1. An applicant for a density bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions that the applicant requests in compliance with this section, and may request a meeting with the City Manager or designee. The applicant may file a request either before filing a final application for City approval of a proposed project or concurrently with a final application for project approval. A preliminary application submitted shall include any incentives, concessions, waivers, or parking reductions requested pursuant to this section.
2. The City Manager or designee shall grant an incentive or concession request that complies with this section unless the City Manager or designee makes either of the following findings in writing, based upon substantial evidence:
a. The incentive or concession is not required to provide for affordable housing costs or for rents for the targeted units to be set (Unit cost requirements); or b. The incentive or concession would have a specific adverse impact upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
B. Waiver of standards preventing the use of bonuses, incentives, or concessions. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.
C. Number of incentives. The applicant shall receive the following number of incentives or concessions:
1. One incentive or concession. One incentive or concession for a project that includes at least ten percent (10%) of the total units for lower-income households, at least five percent (5%) for very low-income households, or at least ten percent (10%) for persons and families of moderate income in a common interest development.
2. Two (2) incentives or concessions. Two (2) incentives or concessions for a project that includes at least twenty percent (20%) of the total units for lower-income households, at least ten percent (10%) for very low-income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.
3. Three (3) incentives or concessions. Three (3) incentives or concessions for a project that includes at least thirty percent (30%) of the total units for lower-income households, at least fifteen percent (15%) for very low-income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.
4. Four (4) incentives or concessions. Four (4) incentives or concessions for projects where one hundred percent (100%) of the total units, exclusive of a manager's unit or units, are for lower income households except that up to twenty percent (20%) of the total units in the development may be for moderate-income households. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or 33 feet.
a. “Major transit stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
D. Type of incentives. For the purposes of this chapter, concession or incentive means any of the following:
1. A reduction in the site development standards of this Development Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (Parking requirements in density bonus projects), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code, that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;
2. Approval of mixed use land uses not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project 8 and the existing or planned development in the area where the project will be located;
3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions; and/or
4. In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
E. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
F. Exceptions. Notwithstanding the provisions of this Chapter, nothing in this section shall be interpreted to require the City to:
1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
Sec. 9-6.1303. -Density bonus agreement
A. Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the “agreement”) with the City in the City’s standard form of agreement.
B. Agreement provisions.
1. Project information. The agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines; c. The marketing plan for the affordable units;
d. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the use restrictions for designated dwelling units of the time periods required (Continued availability);
f. A schedule for completion and occupancy of the designated dwelling units; g. A description of the additional incentives and concessions being provided by the City; h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and
i. Other provisions to ensure successful implementation and compliance with this chapter.
2. Minimum requirements. The agreement shall provide, at minimum, that:
a. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City; c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very lowincome households, as published by HUD; d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including legal services; and g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
SECTION 5. Severability Clause:
Should any section, clause, or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid.
SECTION 6. Effective Date:
This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937 and shall supersede any conflicting provision of any City of Coalinga ordinance.
SECTION 7. Certification:
The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED AND ADOPTED this ____ day of _______________, 2022. ________________________________
Mayor/Mayor Pro-Tem, City of Coalinga
ATTEST:
_________________________________
City Clerk/Deputy City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Approve MINUTES - August 24, 2022 (Special)
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Shannon Jensen, City Clerk
I. RECOMMENDATION:
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
MINUTES_SPECIAL_For_Approval_082422.pdf Minutes - August 24, 2022 SPECIAL Minutes – August 24, 2022
SPECIAL
MINUTES
CITY COUNCIL/SUCCESSOR
AGENCY/PUBLIC FINANCE AUTHORITY
MEETING AGENDA
August 24, 2022
1. CALL TO ORDER 6:00PM
Council Members Present: Ramsey, Singleton, Horn
Others Present: City Manager Marissa Trejo, City Attorney Mario Zamora (via Zoom), Public Works and Utilities Coordinator Larry Miller, and City Clerk Shannon Jensen Council Members Absent: Adkisson, Ramirez
Others Absent: Assistant City Manager Sean Brewer, Chief of Police Jose Garza, Financial Services Director Jasmin Bains, City Treasurer Dawn Kahikina, Fire Chief Greg DuPuis, and Administrative Analyst Mercedes Garcia Changes to the Agenda: None
Motion by Horn, Second by Singleton to Approve the Agenda for the meeting of August 24, 2022. Motion Approved by 3/0 Roll-Call Majority Vote. (Ramirez and Adkisson – Absent)
2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS None
3. CITIZEN COMMENTS
The following individual(s) spoke under Citizen Comments:
Scott Netherton announced the following upcoming events:
Monday, September 12, 2022 at 12:00pm
Aera Energy will host the Chamber’s Quarterly Luncheon at the Coalinga-Huron Library District Tuesday, September 27, 2022 at 6:00pm Candidate’s Night at the West Hills College Theatre October 15, 2022
CoalingaFest
SPECIAL Minutes – August 24, 2022
The following individual(s) submitted written comment(s):
None
4. PUBLIC HEARINGS
None
5. CONSENT CALENDAR
1. Adopt Resolution No. 4095 Ad Valorem FY 2022-2023 Property Tax Assessment for Public Safety Employees of the City of Coalinga
Motion by Horn, Seconded by Singleton to Approve Consent Calendar Item No. 5.1. Motion Approved by 3/0 Roll-Call Majority Vote. (Adkisson and Ramirez – Absent)
6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS
1. Adopt Resolution No. 4114 Appointing Unopposed Candidate for City Councilmember, District #5 Marissa Trejo, City Manager
City Manager Marissa Trejo gave a brief overview of the item, stating that by appointing unopposed District No. 5 Councilmember candidate, Lonnie Hedgecock, will save the City’s General Fund approximately $2,500.00.
Scott Netherton believe Mr. Hedgecock would do great on the Council; however, he suggested taking extra measures to get information out to the public about the appointment so District No. 5 residents understand why his name will not appear on a ballot.
Motion by Horn, Second by Singleton to Adopt Resolution No. 4114 Approving the Appointment of Unopposed Councilmember Candidate, Lonnie Hedgecock, to District No. 5. Motion Approved by 3/0 Roll-Call Majority Vote. (Adkisson and Ramirez – Absent)
7. ANNOUNCEMENTS
City Manager’s Announcements:
None
Council Member’s Announcements:
None
Mayor’s Announcements:
None.
8. FUTURE AGENDA ITEMS
None
SPECIAL Minutes – August 24, 2022
9. CLOSED SESSION
None
10. CLOSED SESSION REPORT
None
11. ADJOURNMENT 6:10 PM
APPROVED:
___________________________________
Ron Ramsey, Mayor
ATTEST:
___________________________________
Shannon Jensen, City Clerk
___________________________________
Date
September 15, 2022
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Consideration of Bid Award for Elm Avenue Beautification Phase III Project Meeting Date: September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
It is recommended that the Coalinga City Councilaward a Contract in the amount of $297,267.00 to Witbro, Inc. DBA Seal Rite Paving & Grading, 4237 W. Swift Ave., Fresno, CA 93722 for the Elm Avenue Beautification Phase III Project. It is also recommended that a contingency of 10% ($29,726.70) be included in the Council action to cover any unforeseen incidentals for a total authorization amount of $326,993.70.
II. BACKGROUND:
a. In July 2021, the Coalinga City Council directed staff to prepare engineering plans and specifications and authorized a call for bids for the Elm Avenue Beautification Phase III Project. The primary scope of work includes install new Curb & Gutter, New Sidewalk, Driveway Approach, Sidewalk & Parking Lot Drainage Channels, Landscape Street Trees (removaland planting) & Irrigation Facilities, Electricalconduit & pull boxes for future pedestrian lighting in front of the Fire Department on Elm Ave. b. The secondary scope of work, Add Alternate Bids, includes reconstruction of existing concrete improvements along the 100 block of W. Madison Street, Add Alt #1, as wellas at the Coalinga Fastrip, 296 E. Elm Avenue, Add Alt #2.
III. DISCUSSION:
City Staff received and opened eight bids for this project on September 8, 2022, at 2:00 p.m. Witbro, Inc.
DBA Seal Rite Paving & Grading, was the apparent low bidder with a total bid proposal of $297,267.00.
The Engineer’s Estimate was $150,245.00 and $16,340.00 for Add Alt #1, and $40,315.00 for Add Alt #2 for a total of $206,900.00. The entire bid summary is included as Attachment “A”. Witbro, Inc. DBA Seal Rite Paving & Grading, has furnished the required bid bond. If the City Council decides to award the project to Witbro, Inc. DBA Seal Rite Paving & Grading, and the “Notice to Proceed” is issued, the contractor will have 30 working days to complete the work, 40 working days if the Add Alternates are included. The following is a tentative schedule:
Award of Contract: September 15, 2022
Start of Construction: October 17, 2022
Completion of Construction: November 30, 2022
With the Add Alt’s Completion: December 14, 2022
IV. ALTERNATIVES:
The alternative to this council action would be to reject all bids. If all bids are rejected, the City would have to re-advertise or cancel the project. Staff believes that re-advertising the project will not result in lower bids.
V. FISCAL IMPACT:
Total authorization request for this contract is $297,267.00 with an additional 10% contingency of $29,726.70 for a total of $326,993.70.
This project is funded by Measure C – Street Maintenance and budgeted in FY22.
There will be no fiscal impact to the General Fund.
ATTACHMENTS:
File Name Description
2895_Bid_Summary.pdf 2895 Bid Summary
2895_Bid_Results.pdf 2895 Bid Results
City of Coalinga
Elm Avenue Beautification Phase III
PW 22-001 / #2895
Base Bid Items
Item Description - Base Bid: Fire Station Frontage Unit Qty. Engineer's Est. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 MOBILIZATION / GENERAL REQUIREMENTS LS 1 $ 6,000.00 $ 11,500.00 $ 11,500.00 $ 10,000.00 $ 10,000.00 $ 32,000.00 $ 32,000.00 $ 22,437.00 $ 22,437.00 $ 25,700.00 $ 25,700.00 $ 20,000.00 $ 20,000.00 $ 26,920.00 $ 26,920.00 $ 76,000.00 $ 76,000.00 2 WORKER SAFETY LS 1 $ 1,000.00 $ 575.00 $ 575.00 $ 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 2,650.00 $ 2,650.00 $ 1,385.00 $ 1,385.00 $ 500.00 $ 500.00 $ 3,500.00 $ 3,500.00 $ 1.00 $ 1.00 3 TRAFFIC CONTROL LS 1 $ 4,000.00 $ 35,190.00 $ 35,190.00 $ 5,000.00 $ 5,000.00 $ 18,000.00 $ 18,000.00 $ 14,340.00 $ 14,340.00 $ 7,580.00 $ 7,580.00 $ 25,000.00 $ 25,000.00 $ 21,000.00 $ 21,000.00 $ 36,000.00 $ 36,000.00 4 DUST CONTROL LS 1 $ 1,900.00 $ 2,875.00 $ 2,875.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 2,083.00 $ 2,083.00 $ 5,785.00 $ 5,785.00 $ 1,000.00 $ 1,000.00 $ 4,500.00 $ 4,500.00 $ 1.00 $ 1.00 5 CONSTRUCTION SURVEYING LS 1 $ 5,500.00 $ 4,600.00 $ 4,600.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 5,088.00 $ 5,088.00 $ 5,040.00 $ 5,040.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 6 CONCRETE REMOVAL AND DISPOSAL CY 65 $ 13,000.00 $ 222.55 $ 14,466.00 $ 300.00 $ 19,500.00 $ 220.00 $ 14,300.00 $ 261.00 $ 16,965.00 $ 191.00 $ 12,415.00 $ 600.00 $ 39,000.00 $ 218.85 $ 14,225.25 $ 107.00 $ 6,955.00 7 WEDGE GRIND SF 1,382 $ 3,455.00 $ 6.24 $ 8,630.00 $ 10.00 $ 13,820.00 $ 6.00 $ 8,292.00 $ 3.50 $ 4,837.00 $ 5.40 $ 7,462.80 $ 4.50 $ 6,219.00 $ 7.00 $ 9,674.00 $ 5.00 $ 6,910.00 8 TREE REMOVAL EA 9 $ 6,750.00 $ 2,420.78 $ 21,787.00 $ 3,000.00 $ 27,000.00 $ 3,000.00 $ 27,000.00 $ 2,233.00 $ 20,097.00 $ 2,630.00 $ 23,670.00 $ 2,800.00 $ 25,200.00 $ 2,300.00 $ 20,700.00 $ 1,000.00 $ 9,000.00 9 HOT MIX ASPHALT TYPE A (HMA-A) TON 33 $ 6,600.00 $ 436.48 $ 14,404.00 $ 350.00 $ 11,550.00 $ 475.00 $ 15,675.00 $ 432.00 $ 14,256.00 $ 297.00 $ 9,801.00 $ 500.00 $ 16,500.00 $ 200.00 $ 6,600.00 $ 700.00 $ 23,100.00 10 AGGREGATE BASE CLASS II TON 49 $ 4,900.00 $ 101.29 $ 4,963.00 $ 100.00 $ 4,900.00 $ 190.00 $ 9,310.00 $ 183.00 $ 8,967.00 $ 81.65 $ 4,000.85 $ 30.00 $ 1,470.00 $ 125.00 $ 6,125.00 $ 143.00 $ 7,007.00 11 CONCRETE 6" CURB AND GUTTER LF 305 $ 12,200.00 $ 41.92 $ 12,785.00 $ 30.00 $ 9,150.00 $ 57.00 $ 17,385.00 $ 64.00 $ 19,520.00 $ 40.35 $ 12,306.75 $ 60.00 $ 18,300.00 $ 48.00 $ 14,640.00 $ 74.00 $ 22,570.00 12 CONCRETE CURB RAMP SF 62 $ 1,860.00 $ 28.02 $ 1,737.00 $ 20.00 $ 1,240.00 $ 27.00 $ 1,674.00 $ 33.00 $ 2,046.00 $ 27.90 $ 1,729.80 $ 25.00 $ 1,550.00 $ 41.00 $ 2,542.00 $ 26.00 $ 1,612.00 13 CONCRETE SIDEWALK SF 2,282 $ 22,820.00 $ 7.19 $ 16,402.00 $ 6.00 $ 13,692.00 $ 15.00 $ 34,230.00 $ 14.00 $ 31,948.00 $ 5.80 $ 13,235.60 $ 14.00 $ 31,948.00 $ 7.00 $ 15,974.00 $ 15.00 $ 34,230.00 14 CONCRETE DRIVEWAY APPROACH SF 548 $ 8,220.00 $ 9.03 $ 4,947.00 $ 20.00 $ 10,960.00 $ 13.00 $ 7,124.00 $ 15.00 $ 8,220.00 $ 11.35 $ 6,219.80 $ 16.00 $ 8,768.00 $ 11.25 $ 6,165.00 $ 32.00 $ 17,536.00 15 SIDEWALK CHANNEL DRAIN LS 1 $ 1,500.00 $ 3,681.00 $ 3,681.00 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 2,660.00 $ 2,660.00 $ 5,075.00 $ 5,075.00 $ 7,500.00 $ 7,500.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 16 SIDEWALK UNDERDRAIN LS 1 $ 1,200.00 $ 5,101.00 $ 5,101.00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 4,250.00 $ 4,250.00 $ 6,000.00 $ 6,000.00 $ 2,500.00 $ 2,500.00 $ 2,800.00 $ 2,800.00 $ 3,800.00 $ 3,800.00 17 FLEXIBLE POROUS PAVEMENT SF 128 $ 3,840.00 $ 42.55 $ 5,446.00 $ 66.00 $ 8,448.00 $ 57.00 $ 7,296.00 $ 39.00 $ 4,992.00 $ 58.35 $ 7,468.80 $ 39.00 $ 4,992.00 $ 42.00 $ 5,376.00 $ 64.00 $ 8,192.00 18 BENCH, TRASH RECEPTACLE, & BIKE RACK LS 1 $ 2,500.00 $ 6,299.00 $ 6,299.00 $ 11,500.00 $ 11,500.00 $ 8,000.00 $ 8,000.00 $ 8,566.00 $ 8,566.00 $ 9,987.00 $ 9,987.00 $ 7,500.00 $ 7,500.00 $ 8,050.00 $ 8,050.00 $ 7,600.00 $ 7,600.00 19 TRAFFIC SIGNAGE LS 1 $ 1,000.00 $ 920.00 $ 920.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 2,655.00 $ 2,655.00 $ 393.00 $ 393.00 $ 550.00 $ 550.00 $ 875.00 $ 875.00 $ 800.00 $ 800.00 20 24" BOX STREET TREE EA 8 $ 5,000.00 $ 1,092.50 $ 8,740.00 $ 700.00 $ 5,600.00 $ 950.00 $ 7,600.00 $ 1,007.00 $ 8,056.00 $ 2,200.00 $ 17,600.00 $ 1,000.00 $ 8,000.00 $ 540.00 $ 4,320.00 $ 1,200.00 $ 9,600.00 21 IRRIGATION SERVICE, VALVE ASSEMBLY, AND CONTROLLE LS 1 $ 20,000.00 $ 6,799.00 $ 6,799.00 $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 6,266.00 $ 6,266.00 $ 44,755.00 $ 44,755.00 $ 15,000.00 $ 15,000.00 $ 38,500.00 $ 38,500.00 $ 28,000.00 $ 28,000.00 22 1" SCH. 40 PVC IRRIGATION LINE LS 1 $ 1,500.00 $ 3,696.00 $ 3,696.00 $ 24,000.00 $ 24,000.00 $ 11,000.00 $ 11,000.00 $ 3,406.00 $ 3,406.00 $ 11,425.00 $ 11,425.00 $ 3,500.00 $ 3,500.00 $ 27,000.00 $ 27,000.00 $ 13,000.00 $ 13,000.00 23 ROOT WATERINGS SYSTEM WITH BUBBLER EA 16 $ 2,000.00 $ 161.00 $ 2,576.00 $ 500.00 $ 8,000.00 $ 140.00 $ 2,240.00 $ 149.00 $ 2,384.00 $ 160.25 $ 2,564.00 $ 150.00 $ 2,400.00 $ 200.00 $ 3,200.00 $ 1,000.00 $ 16,000.00 24 CALTRANS NO. 3 1/2 PULL BOX EA 5 $ 6,000.00 $ 920.00 $ 4,600.00 $ 1,500.00 $ 7,500.00 $ 800.00 $ 4,000.00 $ 848.00 $ 4,240.00 $ 808.00 $ 4,040.00 $ 850.00 $ 4,250.00 $ 11.50 $ 57.50 $ 850.00 $ 4,250.00 25 2" SCH. 40 PVC ELECTRICAL CONDUIT LF 250 $ 7,500.00 $ 69.00 $ 17,250.00 $ 75.00 $ 18,750.00 $ 60.00 $ 15,000.00 $ 64.00 $ 16,000.00 $ 43.80 $ 10,950.00 $ 65.00 $ 16,250.00 $ 72.00 $ 18,000.00 $ 125.00 $ 31,250.00 Base Bid Summary $ 150,245.00 $ 219,969.00 $ 232,110.00 $ 259,626.00 $ 236,929.00 $ 256,589.40 $ 271,897.00 $ 267,743.75 $ 371,414.00 Item Description - ADD ALTERNATE 1 - Madison Street Unit Qty. Engineer's Est. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 26 MOBILIZATION / GENERAL REQUIREMENTS LS 1 $ 1,100.00 $ 1,725.00 $ 1,725.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 1,500.00 $ 6,500.00 $ 6,500.00 $ 6,075.00 $ 6,075.00 $ 100.00 $ 100.00 $ 4,300.00 $ 4,300.00 $ 1.00 $ 1.00 27 TRAFFIC CONTROL LS 1 $ 500.00 $ 4,416.00 $ 4,416.00 $ 1,000.00 $ 1,000.00 $ 1,600.00 $ 1,600.00 $ 2,040.00 $ 2,040.00 $ 1,295.00 $ 1,295.00 $ 500.00 $ 500.00 $ 4,125.00 $ 4,125.00 $ 1.00 $ 1.00 28 CONCRETE REMOVAL AND DISPOSAL CY 12 $ 2,400.00 $ 373.17 $ 4,478.00 $ 400.00 $ 4,800.00 $ 200.00 $ 2,400.00 $ 380.00 $ 4,560.00 $ 345.00 $ 4,140.00 $ 450.00 $ 5,400.00 $ 390.00 $ 4,680.00 $ 107.00 $ 1,284.00 29 TREE REMOVAL EA 2 $ 1,500.00 $ 3,249.00 $ 6,498.00 $ 3,000.00 $ 6,000.00 $ 2,700.00 $ 5,400.00 $ 3,178.00 $ 6,356.00 $ 2,629.00 $ 5,258.00 $ 1,000.00 $ 2,000.00 $ 3,250.00 $ 6,500.00 $ 500.00 $ 1,000.00 30 HOT MIX ASPHALT TYPE A (HMA-A) TON 5 $ 1,000.00 $ 465.80 $ 2,329.00 $ 400.00 $ 2,000.00 $ 400.00 $ 2,000.00 $ 693.00 $ 3,465.00 $ 445.00 $ 2,225.00 $ 500.00 $ 2,500.00 $ 220.00 $ 1,100.00 $ 700.00 $ 3,500.00 31 AGGREGATE BASE CLASS II TON 15 $ 1,500.00 $ 109.27 $ 1,639.00 $ 150.00 $ 2,250.00 $ 170.00 $ 2,550.00 $ 196.00 $ 2,940.00 $ 150.00 $ 2,250.00 $ 30.00 $ 450.00 $ 125.00 $ 1,875.00 $ 112.00 $ 1,680.00 32 CONCRETE 6" CURB AND GUTTER LF 103 $ 4,120.00 $ 42.84 $ 4,413.00 $ 40.00 $ 4,120.00 $ 53.00 $ 5,459.00 $ 59.00 $ 6,077.00 $ 72.45 $ 7,462.35 $ 60.00 $ 6,180.00 $ 48.00 $ 4,944.00 $ 66.00 $ 6,798.00 33 CONCRETE SIDEWALK SF 218 $ 2,180.00 $ 7.77 $ 1,693.00 $ 8.00 $ 1,744.00 $ 15.00 $ 3,270.00 $ 14.00 $ 3,052.00 $ 12.20 $ 2,659.60 $ 13.00 $ 2,834.00 $ 7.25 $ 1,580.50 $ 19.00 $ 4,142.00 34 CONCRETE DRIVEWAY APPROACH SF 136 $ 2,040.00 $ 9.60 $ 1,306.00 $ 20.00 $ 2,720.00 $ 15.00 $ 2,040.00 $ 19.00 $ 2,584.00 $ 19.60 $ 2,665.60 $ 15.00 $ 2,040.00 $ 11.25 $ 1,530.00 $ 20.00 $ 2,720.00 Base Bid Summary $ 16,340.00 $ 28,497.00 $ 26,634.00 $ 26,219.00 $ 37,574.00 $ 34,030.55 $ 22,004.00 $ 30,634.50 $ 21,126.00 Item Description - ADD ALTERNATE 2 - Fastrip Unit Qty. Engineer's Est. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 35 MOBILIZATION / GENERAL REQUIREMENTS LS 1 $ 2,600.00 $ 1,725.00 $ 1,725.00 $ 3,000.00 $ 3,000.00 $ 1,300.00 $ 1,300.00 $ 6,800.00 $ 6,800.00 $ 7,045.00 $ 7,045.00 $ 100.00 $ 100.00 $ 67.50 $ 67.50 $ 1.00 $ 1.00 36 TRAFFIC CONTROL LS 1 $ 1,200.00 $ 11,040.00 $ 11,040.00 $ 3,000.00 $ 3,000.00 $ 1,700.00 $ 1,700.00 $ 2,070.00 $ 2,070.00 $ 1,295.00 $ 1,295.00 $ 500.00 $ 500.00 $ 4,125.00 $ 4,125.00 $ 1.00 $ 1.00 37 CONCRETE REMOVAL AND DISPOSAL CY 35 $ 7,000.00 $ 307.83 $ 10,774.00 $ 300.00 $ 10,500.00 $ 200.00 $ 7,000.00 $ 256.00 $ 8,960.00 $ 237.00 $ 8,295.00 $ 450.00 $ 15,750.00 $ 262.00 $ 9,170.00 $ 107.00 $ 3,745.00 38 HOT MIX ASPHALT TYPE A (HMA-A) TON 9 $ 1,800.00 $ 450.44 $ 4,054.00 $ 400.00 $ 3,600.00 $ 400.00 $ 3,600.00 $ 410.00 $ 3,690.00 $ 617.00 $ 5,553.00 $ 500.00 $ 4,500.00 $ 220.00 $ 1,980.00 $ 700.00 $ 6,300.00 39 AGGREGATE BASE CLASS II TON 19 $ 1,900.00 $ 106.84 $ 2,030.00 $ 150.00 $ 2,850.00 $ 170.00 $ 3,230.00 $ 176.00 $ 3,344.00 $ 125.00 $ 2,375.00 $ 30.00 $ 570.00 $ 125.00 $ 2,375.00 $ 112.00 $ 2,128.00 40 CONCRETE 6" CURB AND GUTTER LF 149 $ 5,960.00 $ 42.84 $ 6,383.00 $ 40.00 $ 5,960.00 $ 53.00 $ 7,897.00 $ 49.00 $ 7,301.00 $ 40.50 $ 6,034.50 $ 60.00 $ 8,940.00 $ 47.00 $ 7,003.00 $ 66.00 $ 9,834.00 41 CONCRETE SIDEWALK SF 532 $ 5,320.00 $ 7.19 $ 3,824.00 $ 8.00 $ 4,256.00 $ 14.00 $ 7,448.00 $ 15.00 $ 7,980.00 $ 8.15 $ 4,335.80 $ 13.00 $ 6,916.00 $ 7.25 $ 3,857.00 $ 19.00 $ 10,108.00 42 CONCRETE DRIVEWAY APPROACH SF 969 $ 14,535.00 $ 9.26 $ 8,971.00 $ 20.00 $ 19,380.00 $ 12.00 $ 11,628.00 $ 16.00 $ 15,504.00 $ 8.75 $ 8,478.75 $ 15.00 $ 14,535.00 $ 11.25 $ 10,901.25 $ 18.00 $ 17,442.00 ADD ALTERNATE Bid Summary $ 40,315.00 $ 48,801.00 $ 52,546.00 $ 43,803.00 $ 55,649.00 $ 43,412.05 $ 51,811.00 $ 39,478.75 $ 49,559.00 Base & Add Alternate Bid Summary $ 206,900.00 $ 297,267.00 $ 311,290.00 $ 329,648.00 $ 330,152.00 $ 334,032.00 $ 345,712.00 $ 337,857.00 $ 442,099.00 American Paving
ATTACHMENT "A" Bids 1-8
1 2 3
Seal Rite Paving D.O.D. Construction LTD Terra West Construction, Inc. 6 R. J. Berry Jr, Inc.
4 Bush Engineering, Inc.
5 Cen-Cal Construction
7 8
HBC Enterprises
Attachment "B"
Bid Results
City of Coalinga
Elm Avenue Beautification Phase III
Project No. PW 22-001 / #2895
Bid Date: September 6, 2022
2:00 PM, Tri City Engineering
Bidder Base Bid
1 Seal Rite Paving $ 297,267.00
2 DOD Construction LTD $ 311,290.00
3 Terra West Construction $ 329,648.00
4 BUSH Engineering $ 330,152.00
5 Cen-Cal Construction $ 334,032.00
6 R J Berry Jr., Inc. $ 345,712.00
7 HBC Enterprises $ 349,601.75
8 American Paving Co $ 442,099.00
9 Sub List
Rainscape, Visalia
Madera Concrete Construction, Madera
Power Design Electric, Kingsburg
Tri City Engineering
4630 W. Jennifer Ave., #101
Fresno, CA 93722-5415
Tel: 559.447.9075
Fax: 559.447-9074
[email protected]
City of Coalinga
155 W. Durian Ave
Coalinga, CA 93210
Tel (559) 935-1533
Fax (559) 935-1184
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Notice of Completion for the West Coalinga Multi-Use Trails Project - Project No.
CML-5146(022)
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
It is recommended that the Coalinga City Council:
Accept the project as complete.
Authorize the City Engineer to file the Notice of Completion for the project with the County Recorder and notify surety to exonerate contract bonds.
Authorize the Finance Department to release the 5% construction retention payment to Bush Engineering, Inc. after recordation of the Notice of Completion by the Fresno County RegistrarRecorder’s Office, contingent upon no claims being filed on the project.
II. BACKGROUND:
On April 21, 2022, the City Councilawarded a construction contract to Bush Engineering, Inc. in an amount of $510,250.00, with an additionalcontingency of $51,025.00 set aside for any unforeseen incidentals for a totalauthorization amount of $561,275.00.
The work to be done under this contract included construction of 1.38 miles of Class I multi-use trailand
0.20 miles of Class IV two-way separated bikeway along Lucille and Monterey Avenues in Coalinga, CA.
The work entails construction surveying, trailexcavation and grading, demolition and removal of existing concrete improvements, placement of aggregate base layer, AC pavement, and decomposed granite, construction of modular block retaining wall, installation of storm drain facilities, relocation of existing fire hydrants and street light poles, adjustment of existing utility lids, construction of concrete curb and gutter, curb ramps, valley gutter, and sidewalk, and placement of striping and signage.
A notice to Proceed was issued to Bush Engineering, Inc. providing 60 working days to complete construction.
III. DISCUSSION:
The project was scheduled for completion on August 2, 2022 and was completed on time and within the total authorized amount. The finalcontract amount is $548,917.00.
A final inspection of the project was performed August 3, 2022, which included preparation of a final punch list of items. The punch list items were completed on August 19, 2022. The Notice of Completion, when filed, begins a time period for which mechanics liens, liens against the contractor, and stop payment notices can be filed against a public construction project. It is a protection for the City during a construction project.
Staff is not aware of any issues related to this project.
IV. ALTERNATIVES:
None.
V. FISCAL IMPACT:
The project was fully funded by Federal Congestion Mitigation Air Quality (CMAQ).
ATTACHMENTS:
File Name Description
Notice_of_Completion.pdf Notice of Completion - Trails 10-12
RECORDING REQUESTED BY
City of Coalinga
No Fee – Gov’t. Code Sections
6103 and 27383
WHEN RECORDED MAIL TO:
Tri City Engineering Inc.
4630 W. Jennifer Ave., Suite 101
Fresno, CA 93722
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Coalinga
3. The FULL ADDRESS of the OWNER is 155 W. Durian Ave, Coalinga, CA 93210
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee (If other than fee, strike “in fee” and insert, for example, “purchaser under contract of purchase,” or leasee)
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
Names: Addresses:
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names: Addresses:
7. All work of improvement on the property hereinafter described was COMPLETED August 19, 2022
8. The work of
improvement completed
is described as follows:
The project included construction of 1.38 miles of Class I multi-use trail and 0.20 miles of Class IV two-way separated bikeway along Lucille and Monterey Avenues in Coalinga, CA. The work entails construction surveying, trail excavation and grading, demolition and removal of existing concrete improvements, placement of aggregate base layer, AC pavement, and decomposed granite, construction of modular block retaining wall, installation of storm drain facilities, relocation of existing fire hydrants and street light poles, adjustment of existing utility lids, construction of concrete curb and gutter, curb ramps, valley gutter, and sidewalk, and placement of striping and signage.
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Bush Engineering, Inc.
10. The street address of said property is Lucille Ave between Elm Ave & Monterey Ave; Monterey Ave between Lucille & Cambridge Avenues in the City of Coalinga
11. The property on which said work of improvement was completed is in the City of
Coalinga
County of Fresno , State of California, and is described as follows:
West Coalinga Multi-Use Trail Project
Date: Signature of Owner
Or Agent of Owner
Daniel E. Jauregui, City Engineer Representative
Verification for INDIVIDUAL owner:
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Fresno, CA
Date and Place
Verification for NON-INDIVIDUAL owner City of Coalinga :
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Contract City Engineer of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Fresno, CA
Date and Place Daniel E. Jauregui, City Engineer Representative
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Approve Memorandum of Understanding MOU between the City of Coalinga and Service Employees International Union (SEIU) CTW-CLC Local 521 Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
City Manager recommends Councilapprove the MOU between the City of Coalinga and SEIU for the period of July 1, 2022 through June 30, 2025.
II. BACKGROUND:
SEIU represents the General Employees bargaining unit with the City of Coalinga. The current MOU between the parties ended June 30, 2022. Both parties have negotiated the terms and conditions set forth in the attached MOU.
III. DISCUSSION:
Key Changes:
Bilingual Pay from $50.00 per month to $100.00 per month (Approx $4,200 annually with $420 impacting the General Fund)
Education Incentives from 1.5% for AA/AS Degree to 2.5% for AA/AS Degree and from 3% for BA/BS Degree to 5% for BA/BS Degree (Approx $1,200 annually with $120 impacting the General Fund) Boot Allowance to include Building department employee(s) ($150 annually and fully impacts the General Fund)
Salary Adjustments of 3% effective 1/1/23, 4% effective 1/1/24, and 5% effective 1/1/25 and reassigning Groundskeeper to General Pay Range 19 effective 9/26/22, Maintenance Worker I (Streetsweeper) to General Pay Range 21 effective 9/26/22, Maintenance Worker III to General Pay Range 26 effective 9/26/22, and Public Utilities Coordinator to General Pay Range 30 effective 9/19/22 (Approx $24,000 for the current fiscal year with approx $2,400 impacting the General Fund) The term of the MOU is July 1, 2022 through June 30, 2025.
It should be noted that Exhibit A of the attached PDF version of the MOU will be corrected to reflect approved and revised dates of September 15, 2022 and the initial revision to have an effective date of September 26, 2022, rather than September 5, 2022.
IV. ALTERNATIVES:
Do not approve
V. FISCAL IMPACT:
The fiscal impact impacts the General Fund and each enterprise fund and has been accounted for in the current year's budget. These will be ongoing costs.
ATTACHMENTS:
File Name Description
City_of_Coalinga_MOU_7.1.22_-_6.30.25_(2).pdf MOU
Service Employees
International Union CTW-CLC
Local 521
City of Coalinga
i
Service Employees International Union CTW-CLC Local 521 Memorandum of Understanding
July 1, 2022 through June 30, 2025
City of Coalinga
ii
TABLE OF CONTENTS
PAGE
PREAMBLE............................................................................................................................................4 ARTICLE I - INTENT AND PURPOSE..............................................................................................4 SECTION 1.01 PURPOSE:............................................................................................................................................... 4 ARTICLE II – FULL UNDERSTANDING.........................................................................................4 SECTION 2.01 FULL UNDERSTANDING:................................................................................................................... 4 SECTION 2.02 PRIOR AND EXISTING CONDITIONS: ............................................................................................ 4 ARTICLE III – RECOGNITION AND NON-DISCRIMINATION.................................................4 SECTION 3.01 RECOGNITION:..................................................................................................................................... 4 SECTION 3.02 NON-DISCRIMINATION: .................................................................................................................... 4 SECTION 3.03 UNION AFFILIATION:......................................................................................................................... 5 SECTION 3.04 PARTICIPATION IN UNION ACTIVITIES: ..................................................................................... 5 SECTION 3.05 DUES DEDUCTION:.............................................................................................................................. 5 SECTION 3.06 UNION RELEASE TIME: ..................................................................................................................... 5 ARTICLE IV – AUTHORIZED REPRESENTATIVES ...................................................................7 SECTION 4.01 AUTHORIZED REPRESENTATIVES:............................................................................................... 7 SECTION 4.02 TIME OFF FOR REPRESENTATIVES:............................................................................................. 7 ARTICLE V – HOURS AND WORKING CONDITIONS................................................................7 SECTION 5.01 HOLIDAYS: ............................................................................................................................................ 7 SECTION 5.02 BEREAVEMENT LEAVE:.................................................................................................................... 8 SECTION 5.03 STAND-BY PAY: .................................................................................................................................... 8 SECTION 5.04 CALLBACK PAY:.................................................................................................................................. 8 SECTION 5.05 LABOR / MANAGEMENT COMMITTEE:........................................................................................ 8 SECTION 5.06 SAFETY COMMITTEE: ....................................................................................................................... 8 SECTION 5.07 ALTERNATIVE WORK SCHEDULES: ............................................................................................. 8 SECTION 5.08 CERTIFICATION: ................................................................................................................................. 9 SECTION 5.09 NEW EMPLOYEE ORIENTATION:................................................................................................... 9 SECTION 5.10 VEHICLE USE:..................................................................................................................................... 11 ARTICLE VI – WAGES......................................................................................................................13 SECTION 6.01 WAGES:................................................................................................................................................. 13 SECTION 6.02 SALARY ADJUSTMENTS:................................................................................................................. 13 SECTION 6.03 OUT-OF-CLASS PAY:......................................................................................................................... 13 SECTION 6.04 RETIREMENT: .................................................................................................................................... 13 SECTION 6.05 OVERTIME:.......................................................................................................................................... 14 SECTION 6.06 SALARY RATES AND STEP AND TIME INTERVALS FOR GENERAL EMPLOYEES: ....... 14 SECTION 6.07 LONGEVITY PAY: .............................................................................................................................. 15 SECTION 6.08 AUTOMATIC RECLASSIFICATION:.............................................................................................. 15 SECTION 6.09 EDUCATION INCENTIVE/TUITION ASSISTANCE REIMBURSMENT: ................................. 15 SECTION 6.10 COMPENSATORY TIME PAY FOR OVERTIME WORKED ...................................................... 15 SECTION 6.11 CHIEF OPERATOR INCENTIVE: .................................................................................................... 16 SECTION 6.12 BILINGUAL PAY:................................................................................................................................ 16 iii
ARTICLE VII – VACATION AND SICK LEAVE..........................................................................16 SECTION 7.01 SICK LEAVE ACCRUAL BENEFITS:.............................................................................................. 16 SECTION 7.02 NO ADDITIONAL SICK LEAVE ACCRUAL:................................................................................. 16 SECTION 7.03 CONVERSION OF SICK LEAVE:..................................................................................................... 16 SECTION 7.04 MAXIMUM SICK LEAVE PAYOUT: ............................................................................................... 17 SECTION 7.05 SICK LEAVE COMPENSATION: ..................................................................................................... 17 SECTION 7.06 VACATION SELL-BACK:.................................................................................................................. 17 SECTION 7.07 VACATION ACCRUAL: ..................................................................................................................... 17 ARTICLE VIII – HEALTH AND WELFARE..................................................................................17 SECTION 8.01 HEALTH AND LIFE INSURANCE COMMITTEE:........................................................................ 17 SECTION 8.02 DEPENDENT HEALTH INSURANCE:............................................................................................. 18 SECTION 8.03 FLEXIBLE SPENDING ACCOUNT FOR UN-REIMBURSED MEDICAL AND DEPENDENT CARE EXPSES: ............................................................................................................................................................... 18 ARTICLE IX – UNIFORMS...............................................................................................................18 SECTION 9.01 UNIFORM ALLOWANCES:............................................................................................................... 18 SECTION 9.02 BOOT ALLOWANCE:......................................................................................................................... 18 ARTICLE X – CITY RIGHTS............................................................................................................18 SECTION 10.01 CITY RIGHTS: ................................................................................................................................... 18 ARTICLE XI – AMERICAS WITH DISABILITY ACT.................................................................19 SECTION 11.01 AMERICANS WITH DISABILITES ACT: ..................................................................................... 19 ARTICLE XII – FUTURE NEGOTIATIONS ..................................................................................19 SECTION 12.01 FUTURE NEGOTIATIONS............................................................................................................... 19 ARTICLE XIII – WAIVER OF APPEAL.........................................................................................20 SECTION 13.01 WAIVER OF APPEAL: ..................................................................................................................... 20 ARTICLE XIV – SAVINGS................................................................................................................20 SECTION 14.01 SAVINGS ............................................................................................................................................. 20 ARTICLE XV – CONTRACT GRIEVANCE PROCEDURE.........................................................20 SECTION 15.01 REPRESENTATION:......................................................................................................................... 20 SECTION 15.02 PROCEDURES: .................................................................................................................................. 20 SECTION 15.03 GR1EVANCE COMMITTEE: .......................................................................................................... 21 SECTION 15.04 TIME LIMITS:.................................................................................................................................... 21 SECTION 15.05 GENERAL PROVISIONS: ................................................................................................................ 21 ARTICLE XVI – DURATION OF AGREEMENT ..........................................................................22 SECTION 16.01 DURATION OF AGREEMENT: ...................................................................................................... 22 ATTACHMENT A – GENERAL PAY SCALE……………………………………………..….23-34 4 PREAMBLE
This Memorandum of Understand (MOU) is made and entered into for the term of July 1, 2022 through June 30, 2025, by and between the City of Coalinga, hereinafter referred to as the “City”, and Service Employees International Union Local 521, hereinafter referred to as the “Union”, the exclusively recognized employee organization representing the employees in the general employee bargaining unit.
ARTICLE I - INTENT AND PURPOSE
SECTION 1.01 PURPOSE:
The purpose of this M.O.U. is to enhance communications and further the spirit of good will that exists between the Union, its members, and the City. It is further intended to formalize and record agreement on terms and conditions of employment for represented employees, and on certain rights of the parties in their on-going employment relationship.
ARTICLE II – FULL UNDERSTANDING
SECTION 2.01 FULL UNDERSTANDING:
The Union and the City agree that during the negotiations which resulted in the M.O.U., each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of bargaining and that this present document represents the full and complete understanding and agreement of the parties on the terms and conditions of employment specifically addressed herein.
SECTION 2.02 PRIOR AND EXISTING CONDITIONS:
Except as herein modified, there shall be no changes in wages, hours, or working conditions as a result of entering into this MOU, and all rights, privileges, benefits, and terms and conditions of employment as of the date of this agreement, which are not specifically set forth, shall remain in full force and effect unless changed by mutual consent. All issues not superficially addressed in the MOU will be addressed within the next five (5) years.
ARTICLE III – RECOGNITION AND NON-DISCRIMINATION
SECTION 3.01 RECOGNITION:
The City hereby recognizes the Union as exclusive representative of employees within the job classifications covered by this M.O.U., subject to an Individual employee’s right to selfrepresentation as provided by Government Code Section 3502.
SECTION 3.02 NON-DISCRIMINATION:
The City and the Union agree that there will be no discrimination against any employee because of race, religious creed, color, sex, national origin, age, marital status, medical condition, sexual orientation, physical or mental disability or any other basis protected by federal, state, or local law or ordinance or regulation.
5 SECTION 3.03 UNION AFFILIATION:
The City and the Union agree to protect the rights of all employees to exercise their free choice to join or refrain from joining the Union.
SECTION 3.04 PARTICIPATION IN UNION ACTIVITIES:
The City agrees not to intimidate any employee or attempt to restrain any employee or in any way limit the full and free expression of any employee’s right to participate in the Union’s lawful activities.
SECTION 3.05 DUES DEDUCTION:
A. The City shall deduct from the pay of each employee in a position subject to this MOU, Union dues and voluntary contributions to the Union’s Committee on Political Education (COPE) authorized by the employee. The City shall honor membership and voluntary political deductions authorization card the Union has supplied to the employee. The employee may only revoke the authorization pursuant to the terms of the authorization the employee signed.
B. Deductions for dues and voluntary contributions to COPE shall start the pay period after employer receives notification of the authorization. The employer shall transmit such payments to the union through electronic funds transfer no later than thirty (30) days after the deductions from the employee’s earnings occur.
C. Requests to authorize dues and/or COPE shall be directed to the Union rather than the City. Requests to revoke or change the authorization shall also be directed to the Union rather than the City. The City shall rely on the Union’s explanations in a certified list, submitted by the representative of the Union who has the authority to bind the Union, regarding whether authorization/revocation/change in deductions has been requested by the employee.
The Union shall not provide the employer a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization.
Deductions shall be made only once each pay period.
SECTION 3.06 UNION RELEASE TIME:
SB 1085 Section 3558.8
(a) A public employer shall grant to public employees, upon request of the exclusive representative of that employee, reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or officers of the exclusive representative, or of any statewide or national employee organization with which the exclusive representative is affiliated. Leave may be granted on a full-time, part-time, periodic, or intermittent basis.
(b) Procedures for requesting and granting leave shall be determined by mutual agreement between the employer and exclusive representative. The exclusive representative or employee organization shall reimburse the public employer for all compensation paid to the employee on leave unless otherwise provided by a collective bargaining agreement or memorandum of 6 understanding. Reimbursement by the exclusive representative or employee organization shall be made on or before 30 days after receipt of the public employer’s certification of payment of compensation to the employee.
(c) At the conclusion or termination of leave granted under this section, the steward or representative shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification.
(d) The exclusive representative has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason. (e) Compensation during leave granted under this section shall include retirement fund contributions required of the public employer as an employer. The employee shall earn full service credit during the leave of absence and shall pay his or her member contributions unless the employer has agreed in a memorandum of understanding or collective bargaining agreement to pay the contributions on the employee’s behalf.
(f) A public employer shall not be liable for an act or omission of, or an injury suffered by, an employee of the public employer if that act, omission, or injury occurs during the course and scope of the employee’s leave under this section to work for the exclusive representative or affiliated employee organization. If a public employer is held liable for such an act, omission, or injury, the exclusive representative or affiliated employee organization shall indemnify and hold harmless the public employer.
(g) The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement.
(h) This section shall not serve to invalidate any provision of a memorandum of understanding or collective bargaining agreement in effect on the effective date of this section. At the request of the exclusive representative, a memorandum of understanding or collective bargaining agreement shall be reopened for negotiations to reach a mutual agreement concerning the grant of leave pursuant to this section.
(i) For purposes of this section:
(1) “Public employer” means, in addition to the entities described in subdivision (a) of Section 3555.5, both of the following:
(A) An employer subject to Chapter 10.4 (commencing with Section 3524.50). (B) A public employer that employs public transit workers, the labor relations of which are regulated by provisions in the Public Utilities Code, and are not subject to the jurisdiction of the Public Employment Relations Board. Notwithstanding subdivision (c) of Section 3555.5, the 7 Public Employment Relations Board shall not have jurisdiction to enforce this section with respect to such public transit workers.
(2) “Steward” means any employee designated by the exclusive representative as a representative for unit employees, whether for the unit as a whole or at a particular site, department, or other division of the employer’s operations, regardless of whether the employee is referred to by the exclusive representative as a steward or by a different title.
ARTICLE IV – AUTHORIZED REPRESENTATIVES
SECTION 4.01 AUTHORIZED REPRESENTATIVES:
For purposes of administering the terms and provision of the various ordinances, resolutions, rules, and regulations adopted with this MOU: City’s principal authorized agent shall be the City Manager or his/her duly authorized representative the Union’s principal authorized agent shall be the person formally designated by the Union to handle representation of employees in the bargaining unit. The bargaining unit shall have an elected President and three (3) committee persons to assist in representation efforts. To assure clarity, the parties agree to communicate with each other in writing to identify and designate the current principal authorize agent.
SECTION 4.02 TIME OFF FOR REPRESENTATIVES:
The City will allow reasonable time off from work, with pay, for the Union’s representatives to attend meetings for the purpose of negotiating a successor agreement, processing grievances pursuant to the City’s grievance procedure, and presenting Union members in internal discipline matters. When such time is to be taken, the appropriate City Department Head must be notified in advance, and when the representatives may not be released, meetings may be rescheduled to accommodate the needs of the City Department.
ARTICLE V – HOURS AND WORKING CONDITIONS
SECTION 5.01 HOLIDAYS:
The City agrees to the following twelve (12) holidays:
New Year’s Day Veteran’s Day
Martin Luther King Day Thanksgiving
President’s Day The day after Thanksgiving
Memorial Day Christmas Eve
Fourth of July Christmas
Labor Day One (1) floating holiday
When a holiday falls on a Saturday, the preceding Friday will be observed; and, when a holiday falls on a Sunday, the following Monday will be observed.
Employees regularly scheduled to work on a holiday will receive holiday pay in addition to their regular pay. Holiday pay is defined as one and one half times (1 ½) the employee’s regular 8 hourly rate for each normally scheduled shift hour (i.e. 8, 9, 10, 12, etc.) worked on a holiday.
An employee that is not regularly scheduled to work on a holiday and who gets called back to work will receive holiday pay in lieu of overtime pay for the hours actually worked.
SECTION 5.02 BEREAVEMENT LEAVE:
It is agreed that bereavement leave is provided employees who experience a death in the immediate family. Immediate family means: spouse, children, stepchildren, parents, step-parents, grandparents, brothers, sisters, and parents-in-law or any other family member approved by the Department Head. Employees are provided up to three (3) days leave if the death occurs in California and up to five (5) days leave if out-of-state.
SECTION 5.03 STAND-BY PAY:
The City agrees to provide stand-by at time and one-half (1 ½) pay for employees presented by the bargaining unit as follows:
A. Two (2) hours for each weekday (Monday through Friday) unless on a 4/10 work schedule at which time Friday would be paid as four (4) hours; B. Five (5) hours for each Saturday;
C. Four (4) hours for each Sunday and holiday when an employee is scheduled for such duty.
SECTION 5.04 CALLBACK PAY:
Employees called back to work by the Department Head or his/her designee to assist standby employees in emergency situations shall be paid at the rate of time-and-one-half (1 ½) for a minimum of two (2) hours. This provision shall not apply to employees receiving stand-by pay at the time of such emergency situations.
SECTION 5.05 LABOR / MANAGEMENT COMMITTEE:
It is agreed that it is important to, and the responsibility of, both the City and the bargaining unit employees to communicate; and, therefore, a committee composed of three (3) bargaining unit employees selected by the Union and three (3) management/designees selected by the City will be formed to share information and to discuss concerns. The committee will meet at times mutually agreeable.
SECTION 5.06 SAFETY COMMITTEE:
The Union shall have a right to participate on any safety committee created to deal with the safety of represented employees. The Union shall appoint a representative, whose tenure on the committee shall be determined by the Union.
SECTION 5.07 ALTERNATIVE WORK SCHEDULES:
The parties agree to an alternative “4/10” work schedule for employees working in City Hall and for employees in the Public Works Department. This alternative work schedule consists of working ten (10) hour days Monday through Thursday of each week.
City Hall will be closed on Fridays and operational hours of City Hall will be Monday through Thursday from 7:30 a.m. to 5:30 p.m.
9 City Hall employees may request to begin work at 7:00 a.m. or 7:30 a.m. and may request to take a thirty (30) minute lunch or a one (1) hour lunch. Their end time will depend on the time they begin work and the duration of their lunch for a total of ten (10) hours per day. Requests will be granted by Management so long as there is adequate coverage for the duration of the operational hours.
Public Works employees will begin work at 6:00 a.m. and end work at 4:30 p.m. They will have a thirty (30) minute lunch.
Public Works employees could alternate from a 4/10 work schedule back to the 9/80 work schedule for the months of January through May when day light hours are shorter.
The alternative work schedule may be terminated at any time by either party. Termination of the schedule will require two (2) weeks written notice to the other party.
SECTION 5.08 CERTIFICATION:
The parties agree that the City will pay water and wastewater certification and certificate maintenance fees for employees of the Public Works and Utilities departments, as required for the positions they hold.
The City will pay testing/examination fees up to one (1) time for Level I certification, up to two (2) times for Level II certification, up to three (3) times for Level III certification, and up to four (4) times for Level IV certification.
SECTION 5.09 NEW EMPLOYEE ORIENTATION:
This shall apply to all new employees hired after the date of this Agreement who are appointed to a classification within the bargaining unit for which the Union is recognized as the exclusively recognized employee organization.
The Parties acknowledge that the City provides a new employee orientation meeting ("orientation") to all new employees hired by the City but does not distinguish between bargaining units in conducting the orientation. An outline of the orientation meeting is attached to this Side Letter as Attachment A.
The Union will be provided not less than ten (10) calendar days' advance notice of the time, date and location of the orientation, including the number of bargaining unit employees in attendance.
The notice requirement shall apply to both City-wide and department level new hire orientations.
An exception to the ten (10) calendar days' advance notice requirement is if there is an urgent need for meeting in less than ten (10) calendar days that is critical to the County's operations and is not reasonably foreseeable.
The Union will be given fifteen (15) minutes at the end but also part of the new employee orientation meeting to present Union membership information to employees in the Union's bargaining unit. No more than two (2) representatives of the Union may present the information to the employees. This could include a Chapter board member, officer, or steward and a Union representative designated by the Union.
10 The purpose of the meeting will be to discuss the rights and obligations created by the governing MOU, the role of representation, and to answer any questions. Management representatives shall excuse themselves and not be present during the Union portion of the orientation.
An employee's attendance at the new employee orientation including the portion of the orientation conducted by the Union is mandatory. An employee who is unable to attend the new employee orientation in person may request to attend and be approved to participate in another new employee orientation offered by the City that is close in time to the original orientation.
Attendance includes the Union portion of the orientation.
Union representatives who are City employees and are conducting the orientation during their regular work hours will be granted release time to attend and travel to and from the orientation, provided the Union provides County HR with the employee's name at least five (5) calendar days prior to the orientation. Employees shall be released for this purpose unless unusual operational needs interfere with the release, in which case the employee and the Union will be provided with a written explanation of why the employee could not be released.
Information Provided
The City will provide the Union with a digital file via email to the email address designated by the Union containing the following information to the extent the City has the information on file:
• Name
• Job title
• Department
• Work location
• Work, home, and personal cellular telephone numbers
• Personal email addresses on file with the County (new hires only) • Home address
The Union acknowledges and understands that the City is working diligently and in good faith to update its contact information database functionality to incorporate all the fields of contact information listed above. As a result, the City may not initially be able to provide all of the information in the fields listed above in the initial digital files provided pursuant to this Side Letter but intends to do so in subsequent digital files provided to the Union and will notify the Union on the status of this database update.
Such information will be provided as follows:
• For new hires, at the end of each month.
• Regularly, for all bargaining unit employees on each calendar year quarter.
Notwithstanding the foregoing, limited to the express purpose of the requirements of Government Code Section 3558 only, an employee may opt out via written request to the City (copy to the Union) to direct the City to withhold disclosure of the employee's:
• Home address
• Home telephone number
• Personal cellular telephone number
11 • Personal email address
Either party may grieve a violation of this article to the extent permitted by the terms of the MOU Grievance Policy.
SECTION 5.10 VEHICLE USE:
Policy: Employees assigned a vehicle are authorized to take home their assigned City vehicle if they reside within City limits.
Employees operating a City vehicle must observe all traffic rules, regulations, laws and courtesies.
The driver shall pay fines levied for violations for which the driver is directly responsible.
Employees shall report any moving and/or traffic violation(s) received while operating a City vehicle to their immediate supervisor and Department Head as soon as possible.
Employees shall report any changes to his/her driver’s license status to his/her Department Head as soon as possible.
Any driver of a City vehicle shall have in his/her possession a valid California Driver’s License of the proper license class, including endorsement(s) for the type(s) of vehicles being driven.
City equipment or tools shall not be left in plain sight inside of vehicles. Said equipment and/or tools shall be stored out of sight or locked in the trunk or other lockable compartment.
Keys shall not be left in unattended vehicles at any time, even when parked in a secured enclosures or on City property. City vehicles shall be locked when parked away from secured City of Coalinga parking areas.
Vehicles shall be kept clean inside/outside by the employee who is assigned to the vehicle.
If a City vehicle becomes inoperable, employees shall call City maintenance as soon as possible.
Every effort should be made to keep City vehicles in use by turning them over to other personnel during prolonged periods when the employee is on vacation or otherwise unable to use the vehicle.
All City vehicles shall be inspected in accordance with the Departmental Inspection Program on a quarterly basis.
Smoking is prohibited within twenty (20) feet of an open City vehicle. Smoking inside a City vehicle is also prohibited.
If involved in a vehicle accident in a City vehicle, employees are expected to follow the accident checklist:
12 1. Stop and render aid, if appropriate.
2. Take safety precautions to prevent further accidents at the scene.
3. Call 911 or non-emergency dispatch to report the accident.
4. Exchange insurance information with the other party.
5. Obtain witness information using the form in the vehicle glove compartment provided by PARSAC.
6. Complete a police report, if required.
7. Complete the accident report form in the vehicle glove compartment provided by PARSAC.
8. Call your supervisor.
9. Report to West Hills Medical Group for mandatory drug and alcohol testing.
10. Complete form SRI from the Department of Motor Vehicles regardless of fault if damage exceeds $750
11. Do not make a statement of any kind to anyone other than your Department Head, Supervisor, PARSAC Claims Representative, or the Police.
Noncompliance with this policy may result in disciplinary action up to and including termination.
13 ARTICLE VI – WAGES
SECTION 6.01 WAGES:
The City and the Union agree to a new salary schedule (Attachment A) with placement of all employees on new ranges, which will result in salary increases and added opportunity for step advancement.
SECTION 6.02 SALARY ADJUSTMENTS:
The City agrees to the following salary adjustments for all employees covered by this agreement as reflected in Attachment A:
A. Wage increase of 3.0% effective January 1, 2023.
B. Wage increase of 4.0% effective January 1, 2024.
C. Wage increase of 5.0% effective January 1, 2025.
SECTION 6.03 OUT-OF-CLASS PAY:
1. Employees temporarily assigned to work in a position within the bargaining unit which is paid at a higher pay range than the position they normally occupy will be compensated by receiving an additional 6.3% of pay or the pay of the A-step of the higher classification, whichever is greater.
2. Employees temporarily assigned to work in a position outside the bargaining unit (excluding Department Head positions) which is paid at a higher pay range than the position they normally occupy will be compensated be receiving pay equal to 50% of the difference between the employee’s current rate of pay and the A-step of the higher position. While working in the higher classification, the employee will assume the FLSA status of the position, and if exempt, will not be eligible for standby pay, call-back pay, or overtime compensation.
3. The pay of employees temporarily assigned to work in a Department Head position will be set at the discretion of the City Manager, but in no event will pay be set lower than that provided in subsection 2, above. While working in the higher classification, the employee will assume FLSA status of the position and will not be eligible for standby pay, call-back pay, or overtime compensation.
4. Employees assigned to work in a position outside the bargaining unit as described in subsection 2 and 3 above, have the right to refuse such assignment.
SECTION 6.04 RETIREMENT:
A. The City agrees to provide employees with CalPERS Defined Benefit and 457 Retirement plans.
B. The parties agree that the City will contribute to a 2% at 55 Modified Defined Benefit Plan with 0% prior service with CalPERS for CalPERS Classic members and a comparable plan for PEPRA members.
14 The employees agree that they will cooperate with the City and CalPERS to effectuate this change in benefit providers. Employees become bested with CalPERS after five (5) years of service.
The CalPERS Defined Benefit Plan will be the exclusive retirement system for the employees though the benefit formula may be different based on Pension Reform requirements.
C. IRS 457 Plan: The City will match 50% of an employee’s contribution, i.e., the employee 2% and the City 1%, up to a maximum contribution by the City of 3%, i.e., the employee 6% and the City 3% of employee salary. Both the City and Employee contribution will be 100% vested, immediately.
D. The City agrees to make contribution to employees’ accounts in a timely manner and to provide employees with quarterly reports on the 457 accounts, detailing all account activity including dates and amounts of deposits and withdrawals.
SECTION 6.05 OVERTIME:
Overtime (calculated at 1 ½ times the regular rate of pay) will be paid for any time worked in excess of the regularly scheduled shift for all hours worked in excess of forty (40) in a seven (7) day work cycle or in excess of eighty (80) in a pay period for those employees working an alternative work schedule such as a “9/80” or “4/10.” Paid leave time, with the exception of sick leave, will be considered as hours worked for the purposes of computing overtime eligibility.
SECTION 6.06 SALARY RATES AND STEP AND TIME INTERVALS FOR GENERAL EMPLOYEES:
The steps of each salary range will be interpreted and applied as follows based off of the Basic Employee Pay Scale:
Step A - Payable during probationary period. The first step is the minimum rate and shall normally be the hiring rate for the class. If it is difficult to secure qualified personnel at the normal hiring rate, or a person of unusually high qualifications is available, the City Manager may hire at a higher step.
Step B - Payable after one (1) year of service at Step A, successful completion of probation and upon recommendation of the department head and approval of the City Manager, based on demonstrated standard or above performance.
Step C - Payable after one (1) year of service at Step B and upon recommendation of the department head and approval of the City Manager, based on demonstrated standard or above performance.
Step D - Payable after one (1) year of service at Step C and upon recommendation of the department head and approval of the City Manager, based on demonstrated standard or above performance.
Step E - Payable after one (1) year of service at Step D and upon recommendation of the department head and approval of the City Manager, based on demonstrated standard or above performance.
15 Step F - Payable after one (1) year of service at Step E and upon recommendation of the department head and approval of the City Manager, based on demonstrated standard or above performance.
An accelerated merit may be granted by the City Manager, based on a request of the department head, to reward employees who are exceptional in performance. Salary rates and/or advancement to a higher step will be based on merit through the performance evaluation.
SECTION 6.07 LONGEVITY PAY:
A. Beginning the pay period following the tenth (10th) anniversary date of service to the City, an employee shall be entitled to longevity pay of one and one half percent (1.5%) above base pay.
B. Beginning the pay period following the fifteenth (15th) anniversary date of service to the City, an employee shall be entitled to longevity pay of an additional one and one half percent (1.5%) above base pay.
C. Beginning the pay period following the twentieth (20th) anniversary date of service to the City, an employee shall be entitled to longevity pay of an additional one and one half (1.5%) above base pay.
D. Longevity pay only applies if the employee has had no safety violations or formal disciplinary actions in the most recent twelve (12) month period immediately preceding the pay and an overall rating of competent on the most recent performance evaluation.
SECTION 6.08 AUTOMATIC RECLASSIFICATION:
CLASSIFICATIONS:
A. Maintenance Worker I, II & III
B. Water Operator Apprentice I, II, & III
C. Account Clerk I, II & III
Allow for reclassification to next level as requirements are met.
SECTION 6.09 EDUCATION INCENTIVE/TUITION ASSISTANCE REIMBURSMENT:
A. 2.5% for AA/AS Associate of Arts or Associate of Science (two-year) degree from an accredited college; or
B. 5% for BA/BS Bachelor of Arts or a Bachelor of Science (four-year) degree from an accredited college.
SECTION 6.10 COMPENSATORY TIME PAY FOR OVERTIME WORKED
The parties agree that City Management shall retain the right to decide whether pay for overtime worked will be in cash or compensatory time off.
While employees may retain and utilize compensatory time presently earned and recorded, future compensatory time must be used during the fiscal year or it will be paid off, with a zero-balance beginning each new fiscal year. The employer agrees that management will work with employees so that whenever possible, compensatory time off will be approved to meet the requests and needs of employees.
16 SECTION 6.11 CHIEF OPERATOR INCENTIVE:
Chief Plant Operator of Wastewater Incentive: The Water Operator assigned to fill the role of Chief Plant Operator of Wastewater by his/her Department head shall receive an incentive of 5% above his/her base pay for the duration of serving in this role.
Chief Distribution Operator Incentive: The Maintenance Worker assigned to fill the role of Chief Distribution Operator by his/her Department Head shall receive an incentive of 5% above his/her base pay for the duration of serving in this role.
SECTION 6.12 BILINGUAL PAY:
When an employee is required to use bilingual skills on a continuous basis outside his/her normal and typical job duties, that employee shall be granted $100.00 per month for the use of that skill. The City Manager shall determine the necessity of the use of bilingual skills and the Personnel Officer shall arrange for testing of employees interested in receiving bilingual pay prior to granting this amount.
ARTICLE VII – VACATION AND SICK LEAVE
SECTION 7.01 SICK LEAVE ACCRUAL BENEFITS:
Effective July I, 2006, employees with over 192 hours of accrued sick leave may convert the maximum sick leave hours over 192 hours needed to pay their annual premiums for dependent health care, or additional life insurance purchased through the City or AFLAC voluntary benefits. Or employees with over one-hundred-ninety-two (192) hours of accrued sick leave may convert not more than the maximum annual contribution regulations established by the Internal Revenue Service. With respect to a deferred compensation conversion, employees who qualify must notify the Financial Services Department of their decision to convert sick leave by December 1 and conversion shall take place by December 15.
SECTION 7.02 NO ADDITIONAL SICK LEAVE ACCRUAL:
Employees accrue twelve (12) working days a year of sick leave with pay, one (1) day each month on a bi-weekly basis. Unused sick days may be carried forward from year to year with no additional accrual beyond one hundred (100) accumulated sick days, eight hundred (800) hours, effective July 1, 1996.
Employees will be allowed to use their annual accrued sick days for family illness, injury, or appointments. Emergency family illness or injury is defined as illness or injury within the immediate family (parent and children) which could not have been reasonably foreseen or scheduled and which requires attention of the employee.
SECTION 7.03 CONVERSION OF SICK LEAVE:
Sick leave may be converted by members of the bargaining unit as follows:
1. Employees who have completed five (5) years with the City are eligible to convert accumulated sick leave hours for payment.
2. Employees must always maintain a minimum bank of 320 hours of sick leave on December 1s', following the qualifying period, with hours above this figure eligible for conversion.
3. If an employee used eight (8) or fewer hours of sick leave during all complete pay periods with 17 an ending date that is included in the preceding twelve (12) month fiscal year (July- June) period prior to conversion, the employee may convert sixteen (16) hours of sick leave for payment. If an employee used sixteen (16) or fewer hours, but more than eight (8) hours of sick leave during the identified twelve (12) month period, the employee may convert eight (8) hours of sick leave for payment.
4. Employees who qualify must notify the Personnel Department of their decision to redeem such sick leave by December 1 and shall receive payment by December 24.
SECTION 7.04 MAXIMUM SICK LEAVE PAYOUT:
Employees, who have more than 100 days accumulated sick leave as of the adoption of this MOU, will have their sick leave balances frozen.
SECTION 7.05 SICK LEAVE COMPENSATION:
Employees who leave City service in good standing and who have completed ten (10) consecutive years of employment shall be paid for 25% of accumulated sick leave up to a maximum of 160 hours at their then current hourly rate.
SECTION 7.06 VACATION SELL-BACK:
Employees with a minimum of two hundred (200) hours of accumulated vacation at the beginning of the calendar year may elect to sell back up to eight (80) hours of vacation time at the then current hourly rate. In order to be eligible, in addition to the minimum hour requirement, employees must take, or have requested and be approved to take, without cancellation by the employee, at least forty (40) hours of vacation time off from work during the same calendar year. Employees may initiate the process once per year of eight (80) hours at their discretion and shall receive the pay within two (2) pay periods. No more than eight (80) hours may be sold back by any employee during one (1) calendar year.
SECTION 7.07 VACATION ACCRUAL:
It is agreed between the parties that employees in the bargaining unit will receive the following vacation:
Amount
Years of Service Hours Weeks
0 through 2 80 2
3 through 4 120 3
5 through 9 160 4
10 through 20 200 5
21 plus 240 6
Vacation leave will accrue on a bi-weekly basis.
ARTICLE VIII – HEALTH AND WELFARE
SECTION 8.01 HEALTH AND LIFE INSURANCE COMMITTEE:
With the exception of “share of cost,” for the term of this Agreement, the Union agrees to waive its 18 right to negotiate with the City over Insurance related issues, in consideration of the Insurance Committee’s jurisdiction and responsibility. The Committee is expected to meet periodically to review the City’s sponsored insurance plans and alternative options.
The parties agree that the Committee shall be composed of two (2) members from each of the three (3) bargaining units and two (2) members from the non-represented group of City employees. Committee members are to be selected by the employees in the affected unit or group and will be responsible to represent the interests of those employees. Though there will be two (2) members from each unit or group, there will only be one (1) vote, for a total of four (4) votes. In the event of a tie vote, the issue shall go to the City Manager for his recommendation for adoption by the City Council.
The Personnel Officer will prepare and recommend guidelines for the Committee and its activity, to be submitted for consideration by the Committee, no later than August 31, 2009.
SECTION 8.02 DEPENDENT HEALTH INSURANCE:
Effective July 2000, the employee will pay 35% of dependent health insurance premium.
SECTION 8.03 FLEXIBLE SPENDING ACCOUNT FOR UN-REIMBURSED MEDICAL AND DEPENDENT CARE EXPSES:
It is agreed that the City shall raise the limits of the flexible spending account for UN-REIMBURSED medical expenses to one-thousand-five-hundred dollars ($1,500) per year beginning January 1, 1995.
Additionally, the City shall raise the limits of dependent care expenses to five-thousand dollars ($5,000) per year filing jointly or twenty-five-hundred dollars ($2,500) per year for filing married/separate or head of household beginning January 1, 1995.
ARTICLE IX – UNIFORMS
SECTION 9.01 UNIFORM ALLOWANCES:
The City agrees to provide both shirts and/or pants for the field employees required to wear uniforms by the City at the City’s expense.
SECTION 9.02 BOOT ALLOWANCE:
Once each fiscal year, the City will reimburse Public Works, Utilities, Custodial and Building employees, up to $200 or the cost of the steel toed boots, whichever is less, upon proof of purchase.
ARTICLE X – CITY RIGHTS
SECTION 10.01 CITY RIGHTS:
Except as otherwise provided in this Agreement or by law, the City has and retains the sole and exclusive rights and functions of management, including but not limited to the following:
1. To determine the nature and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.
2. To manage all facilities and operations of the City, including the methods, means and personnel by which the City operations are to be conducted.
3. To schedule working hours and assign work,
4. To establish, modify, or change work schedules or standards. 19 5. To direct the working forces, including the right to hire, assign, promote, demote, or transfer any employees.
6. To determine the location of all plants and facilities.
7. To determine the layout of machinery, equipment, or materials to be used.
8. To determine processes, techniques, methods, and means of all operations, including changes or adjustments of any machinery or equipment.
9. To determine the size and composition of the workforce.
10. To determine the policy and procedures affecting the selection or training of an employee.
11. To establish, assess, and implement employee performance standards, including, but not limited to quality and quantity standards, the assessment of employee performance, and the procedures for said assessment.
12. To control and determine the use and location of City property, material, machinery, and/or equipment.
13. To schedule the operations of and to determine the number and duration of shifts.
14. To determine safety, health, and property protection measures.
15. To transfer work from one job to another or from one location or unit to another.
16. To introduce new, improved, or different methods of operations, or to change existing methods.
17. To lay off employees for lack of work, lack of funds, or any other reason.
18. To reprimand, suspend, discharge or otherwise discipline employees.
19. To establish, modify or eliminate job classifications.
20. To promulgate, modify, and enforce work and safety rules and regulations.
21. To take such other and further actions as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
ARTICLE XI – AMERICAS WITH DISABILITY ACT
SECTION 11.01 AMERICANS WITH DISABILITES ACT:
The City and the Union recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodations in the workplace because of a disability.
If by reason of the aforesaid requirement, the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation prior to any implementation by the City.
ARTICLE XII – FUTURE NEGOTIATIONS
SECTION 12.01 FUTURE NEGOTIATIONS
It is desirable an advantageous to both the City and the Union that a new MOU be agreed upon and in place upon the expiration of this existing Agreement. To that end, the parties agree as follows:
1. The Union will submit to the City Manager no later than March 15th, immediately preceding the expiration of this MOU, a preliminary proposal of items it wishes to be discussed during the meet and confer process for a successor MOU.
2. The parties will meet to discuss the cost and other matters associated with the Union’s proposal as soon as practicable following submission of Union’s proposal.
3. The City will submit to the Union no later than April 15th a preliminary proposal of items it 20 wishes to be discussed during the meet and confer process for a successor MOU.
4. Subsequent to the Union and the City exchanging proposals, the parties agree to meet and confer in good faith effort to reach agreement and have a new contract in place by the time the present MOU expires.
ARTICLE XIII – WAIVER OF APPEAL
SECTION 13.01 WAIVER OF APPEAL:
It is understood and agreed that the waiver of appeal of any breach of any term or condition of employment, by either party, shall not constitute a precedent in the future enforcement of any or all terms and conditions.
ARTICLE XIV – SAVINGS
SECTION 14.01 SAVINGS
If any article or section of the MOU, or any addition thereto, shall be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the parties shall immediately meet to discuss the impact of any such restrained article or section.
ARTICLE XV – CONTRACT GRIEVANCE PROCEDURE
SECTION 15.01 REPRESENTATION:
An employee may elect to have a union representative present during all steps of this process.
SECTION 15.02 PROCEDURES:
1. Step 1 - Division Level: An employee/Union having a grievance may, within ten (10) working days following the first occurrence giving rise to the grievance, or from the date an employee should have reasonably known, submit to the division head a grievance form setting forth specifically the completed facts on which the grievance is based, the specific provision or provisions of the MOU allegedly violated, and the relief requested. The division head, or his/her designee, shall have a meeting with the employee to discuss the grievance. The division head, or his/her designee, shall communicate a decision in writing to the employee within ten (10) working days following receipt of the grievance.
2. Step 2 - Department Level: If the grievance is not resolved at Step 1, the employee/Union may submit it in writing to the department head within ten (10) working days after receipt of the decision, or non-response, at Step 1. The department head, or his/her designee, may have a meeting with the employee to discuss the grievance. The department head or his /her designee shall communicate a decision in writing to the employee/Union within ten (10) working days following receipt of the written grievance.
3. Step 3 - City Manager Level: If the grievance is not resolved at Step 2, the employee/Union may submit the grievance in writing to the City Manager within ten (10) working days after receipt of the decision, or non-response, of Step 2. The City Manager may:
A. Have a meeting with the employee/Union to discuss the grievance; B. Consider the grievance on the basis of written submission. 21 The City Manager, or his/her designee, shall communicate a decision in writing to the employee/Union, within thirty (30) days following receipt of the written grievance, or following the meeting or hearing, whichever is later. Such decision shall be final.
4. Step 4 - Mediation: Grievances unresolved at Steps 1, 2 or 3 may be submitted to mediation if mutually agreed by both parties. The parties shall obtain the services of a Mediator from the State mediation and Conciliation Services in an effort to mediate grievance resolution. The parties shall not divulge in any form the offers made in mediation.
SECTION 15.03 GR1EVANCE COMMITTEE:
If an ad hoc grievance committee is established to hear the grievance at Step 3, the committee shall be composed of:
1. The Personnel Officer as chairperson and administrative head, but a non-voting member of the committee. The Personnel Officer may select, from the current personnel roster, two (2) city employees to serve as members of the committee, as follows:
A. A supervisory, professional, or managerial employee from a city department other than the department of the employee having the grievance.
B. An employee from a city department other than the department of the employee having the grievance or the department of the supervisory, professional, or managerial member of the committee.
C. A person, who is not a city employee, selected by the City Manager from a list of citizens who have volunteered to serve and who have no direct connection with city government.
All members of the committee shall be persons who have no conflict of interest with the employee having the grievance, and all members shall have no personal contact with the grievant during the course of the hearing procedures. The grievance committee shall hold a hearing on the grievance, at which time all appropriate witnesses and evidence shall be heard as determined by the committee. After the hearing, the committee shall make its recommendation to the City Manager.
The City Manager, after considering the committee’s recommendation, shall issue his/her decision and that decision shall be final.
SECTION 15.04 TIME LIMITS:
1. Failure to initiate a grievance within the time limit shall be deemed a waiver of grievance.
Failure at any step of this procedure to submit a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision at that step.
2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limit shall permit the employee to proceed to the next step.
3. The number of days indicated at each step should be considered a maximum, and every effort should be made to expedite the process. However, the time limits specified in any step of this procedure may be extended, in any specific instance, by written mutual agreement.
SECTION 15.05 GENERAL PROVISIONS:
1. If a grievance arises from the action of an official higher than the division head, the grievance may be initiated at Step 2 or 3 as appropriate, by submitting a grievance for as set forth in Step 1 within the time limit.
2. The written submission of grievance to Steps 2 or 3 shall include a copy of the grievance for 22 submitted at the initial formal step and the written decision of each preceding step or the grievance procedure.
3. If a grievance meeting is held during the working hours of any require participant, such participant shall be excused without loss of pay for that purpose. Attendance at grievance meetings outside of regular working hours shall not be deemed time worked.
4. An employee who terminates from City employment shall be deemed to have waived the right to initiate or to process a grievance.
5. Nothing in this policy shall be construed to prevent or discourage informal discussion between an employee and his/her supervisor on matters of concern to the employee.
6. All employee grievances must follow this chain of appeal. At no time will an employee bypass a division or department head with a grievance, except at provided in number 1.
7. At no time shall an employee approach an elected official of the City with a grievance or jobrelated problem.
ARTICLE XVI – DURATION OF AGREEMENT
SECTION 16.01 DURATION OF AGREEMENT:
The duration of the agreement shall be from July 1, 2022 through June 30, 2025. Any salary increase will become effective January 1 and July 1 of each year. If ratification is not completed prior to the dates above, any salary increase will be retroactive to that date with a one-time payment made in a separate check to each employee.
DATE: DATE:
FOR THE CITY: FOR THE UNION:
Marissa Trejo, City Manager Kevin Smith, Internal Organizer Robert Smith, Bargaining Team Member
Jared Salano, Bargaining Team Member
23 ATTACHMENT A – GENERAL PAY SCALE
24 ATTACHMENT A – GENERAL PAY SCALE
25 ATTACHMENT A – GENERAL PAY SCALE
26 ATTACHMENT A – GENERAL PAY SCALE
27 ATTACHMENT A – GENERAL PAY SCALE
28 ATTACHMENT A – GENERAL PAY SCALE
29 ATTACHMENT A – GENERAL PAY SCALE
30 ATTACHMENT A – GENERAL PAY SCALE
31 ATTACHMENT A – GENERAL PAY SCALE
32 ATTACHMENT A – GENERAL PAY SCALE
33 ATTACHMENT A – GENERAL PAY SCALE
34 ATTACHMENT A – GENERAL PAY SCALE
Internal Worksite Organizer:
Union Steward:
Phone :
SEIU Local 521
5228 E. Pine Avenue
Fresno, CA 93727
Phone: (559) 447-2560
Fax: (559) 261-9308
www.seiu521.org
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STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4117 Approving an Amendment to the Standard Agreement for the 2020 Community Development Block Grant Program - Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA Dated December 18, 2020
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
The City Manager recommends the City Counciladopt Resolution No. 4117 approving an amendment to the City's CDBG-CV Business Assistance Program Agreement (20-CDBG-CV2-3-00008) and authorize the City Manager to execute all necessary HCD documents.
II. BACKGROUND:
On June 5, 2020 the City submitted an application for the 2020 CDBG CV-1 Grant in the amount of $86,343 to assist local residents with rent, mortgage and utility payments and an additional $65,253 of Program Income for a total of $151,596 in Substances Assistance. The City received authorization to incur costs on January 13, 2021. Concurrently, the City also submitted an application for the 2020 CDBG CV2-3 Grant in the amount of $314,194 to assit local businesses impacted by COVID-19 with recovery and was granted authorization to incur costs starting on June 20, 2021.
As of April 5, 2022, no business has been assisted under the City's Business Assistance program, despite ongoing marketing. Currently $185,375.83 in remaining funds exist. Within this same time frame the City has been able to provide rent, mortgage and/or utility assistance to 51 households in Coalinga fully expending $151,596 of funds awarded.
III. DISCUSSION:
At this time additional demand exists to aid Coalinga's household with rent, mortgage, and/or utilities; however, no other programs are available. There are no pending applications for business assistance, nor has there been any interest shown since the inception of the program. Therefore, staff recommends that the Business Assistance Program activity be amended to a Subsistence Payment activity to ensure full expenditure of the grant prior to the expiration date of November 3, 2023.
Next steps include:
1. Approve amendment of Business Assistance Program activity to a Subsistence Payment Activity, and
2. Approve amendment to Subrecipient Agreement between Self-Help Enterprises and the City of Coalinga reflecting the activity amendments.
IV. ALTERNATIVES:
Do not adopt Resolution No. 4117 approving the amendment.
V. FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
File Name Description
RESO#4117_CDBGCV2_3_Amend_Transfer_Business_Asst_Funds_to_Rent__Mortg___Utility_Subsistence_Paymentsto_091522.pdfResolution No. 4117
Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
RESOLUTION NO. 4117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM-CORONAVIRUS RESPONSE ROUND 2 AND 3 (CDBGCV2 AND CV3) NOFA DATED DECEMBER 18, 2020 BE IT RESOLVED by the City Council of the City of Coalinga as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California (“State”) of one or more amendments to its existing CDBG-CV2 and CV3 Standard Agreement with the State numbered 20- CDBG-CV2-3-00008 (the “Standard Agreement”) pursuant to the State’s December 2020 CDBG-CV2 and CV3 Notice of Funding Availability (NOFA). The reviewed and approved amendment(s) are presented in Section 2 of this Resolution.
SECTION 2:
The following amendments to the Standard Agreement have been reviewed and approved by the City Council with acknowledgement that all provisions of the Standard Agreement other than those shown in the tables below shall remain unmodified.
Existing Section Reference (if applicable):
Existing Provision: Provide Business Assistance to income eligible business owners/and or create/retain job for those with incomes at or below 80% of the County AMI, for the purpose of aiding businesses impacted by COVID-19 within the City of Coalinga.
Amended Provision: Provide Subsistence payments (rent, mortgage, and/or utilities) to low-income households/individuals impacted by COVID-19 living within the City of Coalinga.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements with respect to the proposed amendments to the Standard Agreement described in Section 2 above.
SECTION 4:
The City hereby authorizes and directs the City Manager, or designee*, to execute and deliver all applications and/or amendments and act on the City’s behalf in all matters pertaining to all such applications and/or amendments.
SECTION 5:
If an amendment to the Standard Agreement is approved as contemplated above, the City Manager, or designee*, is authorized to enter into, execute, and deliver an amendment to the Standard Agreement and any and all other documentation which may be required by the State from time to time for the purposes of this grant.
Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
SECTION 6:
If an amendment to the Standard Agreement is approved, the City Manager, or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.
PASSED AND ADOPTED by the City Council of the City of Coalinga at a regular meeting held on this 15th day of September, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSTENT:
APPROVED:
________________________________
Ron Ramsey, Mayor
ATTEST:
________________________________
Shannon Jensen, City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4118 Revising the Basic Pay Scale Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
City Manager recommends adopting Resolution No. 4118 revising the Basic Pay Scale.
II. BACKGROUND:
The Basic Pay Scale consists of City employees not represented by a bargaining unit. These employees are generally confidential or mid-management employees.
III. DISCUSSION:
Changes:
Salary Adjustments of 3% effective 1/1/23, 4% effective 1/1/24, and 5% effective 1/1/25 and reassigning Human Resources Generalist to Basic Pay Range 27 effective 9/26/22, Human Resources Analyst to Basic Pay Range 31 effective 9/26/22, and Financial Services Supervisor to Basic Pay Range 31 effective 9/26/22. (Approx $28,746 for the current fiscal year with approx $13,064 impacting the General Fund).
It should be noted that the attached PDF versions of the payscales will be corrected to reflect approved and revised dates of September 15, 2022 and the initial revision to have an effective date of September 26, 2022, rather than September 5, 2023.
IV. ALTERNATIVES:
Do not approve.
V. FISCAL IMPACT:
The fiscal impact will impact the General Fund and each enterprise fund and has been accounted for in the current year's budget. This will be an ongoing cost.
ATTACHMENTS:
File Name Description
Resolution_4118.docx Resolution
doc20220907152745001574.pdf Pay Scale effective 9/26/22 doc20220907152805001575.pdf Pay Scale effective 1/1/23
doc20220907152823001576.pdf Pay Scale effective 1/1/24
doc20220907152841001577.pdf Pay Scale effective 1/1/25
RESOLUTION NO. 4118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA REVISING THE
CITY OF COALINGA BASIC PAY SCALE
WHEREAS, the governing body of the City of Coalinga is authorized to prepare, install, revise and maintain a position classification and compensation plan covering all positions in the competitive service;
NOW, THEREFORE, BE IT RESOLVED,
I. That the City Council of the City of Coalinga hereby established pay scales for all employees in all classifications of employment described on the Basic Pay Scale to be revised effective September 15, 2022.
The foregoing resolution was approved and adopted at a meeting of the City Council of the City of Coalinga held on the 15th day of September, 2022, by the followingvote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
__________________________________
Ron Ramsey, Mayor
ATTEST:
__________________________________
Shannon Jensen, City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4119 Amending the City's Conflict of Interest Code Regarding Designated Employees and Disclosure Categories as Required by the Political Reform Act and Approving the 2022 LocalAgency Biennial Notice Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
City Manager recommends the City Counciladopt Resolution No. 4119 amending the City's Conflict of Interest Code regarding designated employees and associated disclosure categories as required by the Political Reform Act and approve the the 2022 LocalAgency Biennial Notice.
II. BACKGROUND:
A conflict of interest code tells public officials, government employees, and consultants ("designated employees") what financial interests they must disclose on their Statement of Economic Interest (Form 700).
Financial interests include investments, business positions, income, loans, and gifts. The code requires different levels of disclosure ("disclosure categories") for the designated positions. An accurate disclosure is essential to monitor whether officials, employees, and consultants have conflicts of interest and is the basis or the transparency that California's Political Reform Act requires of public officials.
III. DISCUSSION:
The Political Reform Act requires every local government agency to adopt a conflict of interest code and review that code at least every two (2) years. Amendments are required to include new positions, revision of disclosure categories, revision to titles of existing positions, and deletion of titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.
No amendments are necessary since the City's last biennial notice in 2020.
IV. ALTERNATIVES:
None
V. FISCAL IMPACT:
None
ATTACHMENTS:
File Name Description
RESO#4119_Amending_City_s_Conflict_of_Interest_Code_for_2022_091522.pdf Resolution No. 4119 RESOLUTION NO. 4119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA
AMENDING ITS CONFLICT OF INTEREST CODE REGARDING DESIGNATED EMPLOYEES
AND DISCLOUSRE CATEGOTIES
WHEREAS, California Code of Regulations, Sections 18730 et seq., contain the terms of a standard conflict of interest code adopted by the Fair Political Practices Commission (FPPC); and WHEREAS, the FPPC amends the conflict of interest code term on a regular basis in accordance with the Political Reform Act (Government Code Sections 81000 et seq.); and WHEREAS, on September 17, 1992, the City Council of the City of Coalinga adopted Resolution No. 2316 that incorporated, by reference, the terms of California Code of Regulations, Sections 18730 et seq., along with the designation of employees (“Exhibit A”) and the formulation of disclosure categories (“Exhibit B”); and
WHEREAS, Government Code Section 87306 requires that a report be submitted to the City Council of the City of Coalinga identifying any changes in the conflict of interest code including, but not limited to, changes to designated employees and disclosure categories.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Coalinga as follows:
1. The conflict of interest code for the City of Coalinga is hereby amended regarding designated employees as set forth in the Exhibit A (amendments are noted in italics).
2. All persons holding designed positions shall file statement of economic interests as required by law, including those designated positions listed in Government Code Section 87200.
The foregoing Resolution was introduced and adopted at regular meeting of the City Council of the Coalinga held on this 15th day of September, 2022 by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Ron Ramsey, Mayor
APPROVED:
Shannon Jensen, City Clerk
EXHIBIT A
DESIGNATED EMPLOYEES
Disclosure Category 1: Board Responsibilities: Full Disclosure Assistant City Manager
City Clerk
Assistant to the City Manager / Deputy City Clerk
Police Chief
Fire Chief
Human Resources Director
Financial Services Director
Financial Services Supervisor
Senior Administrative Analyst
Disclosure Category 2: City-Wide Purchasing Approval Responsibilities [None]
Disclosure Category 3: Department / Division Purchasing Approval Responsibilities [None]
Disclosure Category 4: Regulatory Power
Building Official
Chief Plant Operator
Police Commander
Disclosure Category 5: Decision-Making Authority Affecting Real Property Building Official
Disclosure Category 6: Decision-Making Authority Affecting Claims and/or Insurance [None]
Disclosure Category 7: Investment Responsibilities
[None]
EXHIBIT B
DISCLOSURE CATEGORIES
Disclosure Category 1: Broad Responsibilities: Full Disclosure Employees disclose all reportable interests, including investments, business positions, sources of income, loans, gifts, including travel payments, and real property as required by the FPPC guidelines. Additionally, the real property disclosure category is expanded to include property located within a two-mile radius of the City of Coalinga or any property owned or used by the City of Coalinga.
Disclosure Category 2: City-Wide Purchasing Approval Responsibilities Employees disclose interests in investments, business positions, income, loans, and gifts from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the City of Coalinga.
Disclosure Category 3: Department/Division Purchasing Approval Responsibilities Employees disclose interests in investments, business positions, income, loans, and gifts from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated employee’s department or division.
Disclosure Category 4: Regulatory Power
Employees disclose interests in investments, business positions, income, loans, and gifts from any source that is subject to the regulatory, permit, or licensing authority of the designated employee’s department or division.
Disclosure Category 5: Decision-Making Authority Affecting Real Property Employees disclose interests in investments, business positions, income, loans, and gifts from sources that engage in land development, construction, or the acquisition or sale of real property. These designated employees must also disclose all interests in real property located within the City of Coalinga, as well as within a one mile radius of the City of Coalinga or any property owned or used by the City of Coalinga.
Category 6: Decision-Making Authority Affecting Claims and/or Insurance Employees disclose interests in investments, business positions, income, loans, and gifts from: (a) persons or entities that provide services, supplies, materials, machinery, or equipment of the type utilized by the City of Coalinga; (b) business entities that manufacture, sell, supply, or promote personnel training materials or that offer personnel consulting services, and that do business, or expect to do business, within the City of Coalinga; (c) persons and entities that are engaged in the business of insurance; (d) financial institutions; (e) persons or entities who have filed a claim, or have a claim pending, against the City of Coalinga that is reviewed by the designated employee’s department or division; (f) business entities that offer, sell, or service group medical insurance, group life insurance, group dental insurance, pension plans, or that make investments, or in any way manage funds related thereto, and that do business, or expect to do business, within the City of Coalinga.
Disclosure Category 7: Investment Responsibilities
Employees disclose interests in investments, business positions, income, loans, and gifts from financial institutions doing business with, or eligible to do business with, the City of Coalinga.
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Direct Staff to Initiate a Zoning Text Amendment Regulating Food Trucks in the City
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Staff is recommending the City Council direct staff to initiate and proceed with a zoning text amendment to develop food truck regulations based on the proposed criteria submitted in this report.
II. BACKGROUND:
On June 16, 2022, the City Council directed staff to begin working with the Planning Commission to develop a regulatory framework for permitting food trucks in the city of Coalinga since the current regulation in place prohibits the ability for food trucks to operate in the City.
On July 26, 2022, City staff and the Planning Commission met to discuss setting a regulatory framework for permitting food trucks in the City of Coalinga. The recommended regulatory framework has been provided in this report and staff is requesting the Council direct staff to develop an ordinance regulating food trucks on the city.
III. DISCUSSION:
The Community Development Department in discussion with the Planning Commission is proposing the following recommendations as a basis for developing an ordinance related to food trucks.
Currently the City has a definition for a mobile vendor and mobile vendor vehicle:
Mobile food truck- A licensed, motorized vehicle or mobile food unit licensed by the Department of California Department of Motor Vehicles, designed, and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public. (The mobile food truck shall be licensed in accordance with the rules and regulations of any local, County, State and Federalagency having jurisdiction over the mobile food truck or products sold therein) Below are the areas discussed at the Planning Commission related to adopting a regulatory framework for food trucks. These areas will be integrated into the ordinance as written unless the City Council has any comments or changes that they would like to see:
Approval Process and/or Permit Type: Temporary Use Permit Location/Zones Permitted: Industrial, Commercial, Vacant lots, Existing businesses, Parking Lots ADAAccessibility in vacant lots
Time Limitations: 7:00am – 10:00pm, extensions granted by City Manager) Utilities: Self-sufficient
Distance from Brick and Mortar: None
Parking Standards: 540 sq ft or 3 parking spaces. May not be in an ADA stall.
No alcohol permitted
Noise Standards: No music or loudspeakers
Signage: 24 Square foot sandwich board sign
Type of Vehicle: self-propelled and self-sufficient)
Tables and Chairs:Yes, including the use of canopy’s and umbrellas.
Concentration: no requirement, staff will have the ability under the Temporary Use Permit to condition the project that if the increase in concentration leads to traffic issues or any other code enforcement violations, the permit may be revoked.
License and Insurance Requirements: Must provide county Health Department permit.
Trash Receptacles:At least one visible trash receptacle for use by customers. The vendor shall regularly pick up, remove, and dispose of all trash or refuse from their operation that remains within two hundred feet (200') of the vendor’s location. They will have to coordinate with the City’s Solid Waste Hauler for collection is they are to be located in the space for more than one (1) month. The vendor shall pick up, remove, and dispose of all trash prior to leaving the location.
Code Enforcement: Permits shall not be granted if there is pending code enforcement action on the lot they are looking to locate.
Private events: Food truck permits are not required for food trucks operating for a one-day private event or party located either on the site of the event or in the public right-of-way with no retail sale to the general public and no admission charge to the event. This could be for a commercial business party or for a private residence party. The food truck shall not take up more than one on-street parking space.
Additional Exemptions: Special fundraisers at the schools, college, and parks property or other public property. This also includes fundraisers by non-profits so long as the event does not last more than (1) day. Same criteria applies as mentioned in the private even section.
If the Council directs staff to initiate a zoning text amendment, staff will prepare an ordinance for Planning Commission recommendation and Council subsequent approval.
IV. ALTERNATIVES:
None at this time.
V. FISCAL IMPACT:
None.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Approve Allocation of Unanticipated Revenue from Public Works Surplus Vehicle Sales
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Staff is recommending that the City Councilallocate unanticipated revenue from the sale of Public Works and Utilities surplus vehicles to grounds and maintenance and public works and water treatment plant improvements.
II. BACKGROUND:
The City of Coalinga declared multiple vehicles surplus and sold said vehicles which lead to unanticipated revenue.
III. DISCUSSION:
The proceeds from the sales of these vehicles typically go back to the fund that they originated in. In this case the total unanticipated revenue was $29,340.00. $11,165.34 came from grounds and maintenance (General Fund) and $18,174.66 came from the water, sewer and gas fund. Staff is requesting that the Council increase the grounds. repairs and maintenance budget by an additional $11,165.34 to support the continued effort of rehabilitating our public spaces and park spaces. Staff is also requesting that the $18,174.66 be allocated to the buildings repairs and maintenance funds evenly between the water, sewer and gas fund for needed building improvements at the public works yard and the water treatment plant.
IV. ALTERNATIVES:
Staff does not have any other alternatives unless council would like to provide direction.
V. FISCAL IMPACT:
$11,16.34 increase in budget allocation to the Grounds Repairs and Maintenance account in Municipal Grounds and Maintenance Fund.
$6,058.22 increase in the budget for building repairs and maintenance in each the water, sewer and gas fund for a total of 18,174.66.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Direct Staff to Explore the Feasibility of Upgrading the City's Wastewater Treatment Plant to Tertiary Treatment.
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
This was a future agenda item requested by Mayor Pro Tem Singleton. This will serve as an update to the Council on the ongoing efforts the City is currently undertaking related to Tertiary Treatment.
II. BACKGROUND:
Mayor Pro Tem Singleton requested a future agenda item to have staff explore the feasibility of upgrading the City's existing wastewater treatment plant to a tertiary treatment facility in order to recycle the discharged water for irrigation purposes in the City.
III. DISCUSSION:
The City was awarded the CWSRF Planning Grant to conduct a condition assessment of the sewer collection system and WWTP in the amount of $500,000.00. In June of 2022, the City Councilawarded a contract with AM Consulting Engineers to prepare a feasibility study related to tertiary treatment and facility improvements at the wastewater treatment plant. Once the feasibility study is compete, staff, in conjunction with AM Consulting Engineers, will present the findings and the next steps in terms of applying for grant fund to construct said facility improvements.
IV. ALTERNATIVES:
None.
V. FISCAL IMPACT:
None at this time. The feasibility study is covered within the scope of work under the $300,000 contract currently in place with AM Consulting Engineers.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Authorize Assistant City Manager to Execute a Professional Services Agreement with Donabedian Hannah Architecture to provide Architecture Design Services related to the Cottage Home Program
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Authorize Assistant City Manager to Execute a Professional Services Agreement with Donabedian Hannah Architecture to Provide Architecture Design Services Related to the ADU Cottage Home Program.
II. BACKGROUND:
The City of Coalinga has received a Federal LEAP (Local Early Action Planning) Grant award in the amount of $65,000 for the purpose of developing an accessory dwelling unit program, "Cottage Home Program," that will encourage the development of affordable housing units by reducing the cost of development on property owners and streamlining the review and approval process.
The City of Coalinga is solicited statements of qualifications for architectural services to assist the city in designing a minimum of three sets of plans, that meet current building code standards and include adaptable design features, as well as blend with existing housing design and accommodate a variety of lot configurations. Payment terms will be negotiated with the selected offeror. The fee for architectural services will be paid with LEAP funds.
The RFQ was issued on May 3, 2022 and requested SOQ's to be returned no later than June 1, 2022.
Unfortunately, the City did not receive any responses and happen to connect with DH Architecture through the City Engineer's office. Staff discussed the project and feel that DH Architecture has the qualifications and expertise to complete the desired work product.
III. DISCUSSION:
The scope of services under this contract is to provide architectural services to assist the city in the development of the City’s (ADU) Cottage Home Program. The following services to be rendered is as follows:
Design a minimum of three complete sets of plans that are permit ready.
There shall be a one bedroom/studio, 2 bedroom and 3 bedroom plan.
Two (2) elevations per set of plans.
Two (2) site/plot plans for each plan set to accommodate alley and/or rear yard configurations with parking delineated.
Plans shall meet current building code standards and include adaptable design features, as well as blend with existing housing design and accommodate a variety of lot configurations.
Provide reproducible plan drawings to the City upon project completion.
IV. ALTERNATIVES:
The City Councilcan choose not to approve this contract to re-advertise which is not expected to result in additional submissions.
V. FISCAL IMPACT:
The contract amount is for a total of $56,000.00 based on the payment schedule identified in the contract.
ATTACHMENTS:
File Name Description
Agreement_-_DH_Architecture_Cottage_Home_Program.pdf Professional Services Agreement Initial: City______ Provider______
AGREEMENT FOR PROFESSIONAL SERVICES FOR
ARCHITECHTURE SERVICES RELATED TO THE CITYS COTTAGE
HOME PROGRAM
This Agreement for Professional Services (“Agreement”) is made and entered into this ____ day of _______, by and between the City of Coalinga, a Municipal Corporation (“City”), and Donabedian Hannah Architecture (“Provider”).
RECITALS
A. Provider represents to City that they are specially trained, experienced, licensed and competent to perform the services which will be required by this Agreement; and B. Provider represents to City that they possess the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Provider to render the services as set forth in this Agreement, as Exhibit A.
NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Retention of Provider. Subject to the terms and conditions set forth herein, City retains Provider to perform the services identified in this Agreement, as an independent contractor and Provider hereby accepts this independent contractor appointment.
2. Scope of Services. The Provider shall perform professional services, in accordance with all the provisions of this Agreement. The Scope of Work is attached hereto as Exhibit A.
Provider shall correct any and all errors and/or omissions, which arise out of Provider’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Provider shall make such corrections upon City’s request and at no cost or expense to City.
3. Time of Performance. This agreement shall remain in effect until the work is completed but not to exceed one (1) year. Contract time of completion for individual projects will be agreed upon before assignment of each project to Provider. Services designated in the scope of work shall be completed on agreed date unless prior written approval for a time extension has been granted by the Assistant City Manager or his/her designee.
4. Compensation. Compensation to be paid to Provider shall be $56,000 and will be billed in accordance with the progress payment schedule identified in Exhibit “B”.
5. Method of Payment. Provider shall submit progress billings to City describing the work performed and milestones as identified on Exhibit “B”. City shall pay Provider no later than 30 Initial: City______ Provider______
days after the date of submittal of a complete invoice for completed tasks and approval of the invoice by City staff.
6. Extra Work. At any time during the term of this Agreement, City may request that Provider perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which the parties did not include in the Scope of Work. Extra work will be performed on an hourly basis under the Provider’s most current hourly fee schedule. Provider shall not perform, nor be compensated for Extra Work without written authorization from City.
7. Termination. This Agreement may be terminated by the City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Provider. Upon termination, Provider shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Provider in order to reimburse City for any losses, damages or expenses caused by Provider’s default under this Agreement.
8. Equal Opportunity Employment. Provider represents that it is an equal opportunity employer and it shall not discriminate against any sub provider, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Provider shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Provider by City.
9. Insurance Requirements.
a. Provider, at Provider’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies. i. Workers Compensation Coverage. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease. ii. General Liability Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be TWO MILLION AND NO/100 DOLLARS ($2,000,000), twice the required occurrence limit. iii. Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage. iv. Professional Liability Coverage. Contractor will maintain Professional Liability coverage with limits no less than ONE MILLION AND NO/100 DOLLARS Initial: City______ Provider______
($1,000,000) per occurrence or claim, and TWO MILLION AND NO/100 DOLLARS ($2,000,000) policy aggregate.
If Provider maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Provider.
Provider’s insurance policies shall be “occurrence” policies and not “claims-made” coverage except for Professional Liability Coverage.
Provider may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Provider shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Provider to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, the City may require Provider to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.
The policies are to contain, or be endorsed to contain, the following provisions:
i. The City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Provider including materials, parts, or equipment furnished in connection with such work or operations; products used by Provider; or automobiles owned, leased, hired or borrowed by Provider. General liability coverage can be provided in the form of an endorsement to Provider’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. For any claims related to this contract, Provider’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Provider’s insurance and shall be non-contributory. iii. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
Initial: City______ Provider______
Provider shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Provider hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Provider may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Provider agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. Indemnification. To the fullest extent allowable by law, Provider agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Provider’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Providers responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement. If Provider maintains additional coverage or higher limits than those required herein, then City shall be entitled to additional coverage or higher limits maintained by Provider.
11. Independent Contractor Status. It is understood and agreed that Provider, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Provider shall obtain no retirement benefits or other benefits which accrue to City’s employees and Provider hereby expressly waives any claim it may have to any such rights. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Provider.
12. Provider’s Books and Records.
a. Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement.
Initial: City______ Provider______
b. Provider shall maintain all documents and records that demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City. Copies of such documents shall be provided to the City for inspection at the City offices.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Provider’s business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in the City offices. Access to such records and documents shall be granted to any party authorized by Provider, Provider’s representatives, or Provider’s successor-in-interest.
13. Professional Ability of Provider. City has relied upon Provider’s representations regarding its training and professional ability to perform the Services hereunder as a material inducement to enter into this Agreement. Provider shall therefore provide properly skilled personnel to perform all Services under this Agreement. The primary provider of the Services called for by this Agreement shall be Dwight Hannah who shall not be replaced without the written consent of the City.
All work performed by Provider under this Agreement shall be in accordance with the applicable professional standard of care and shall meet the local professional standard of quality ordinarily to be expected of competent persons in Provider’s field of expertise working in Fresno County.
14. Compliance with Laws. Provider shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations in effect at the time the Agreement is executed. In addition, if the request for proposal to provide professional services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Provider shall perform all services in accordance with all applicable federal and state laws, rates and regulations in effect at the time the agreement is executed.
15. Licenses. Provider represents and warrants to City that it has all licenses, permits, qualifications, and insurance which are legally required of Provider to lawfully and competently perform the Services. Provider represents and warrants to City that Provider shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and insurance which are legally required of Provider to lawfully and competently perform the Services. Provider shall maintain a City of Coalinga business license.
16. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Provider. Assignments of any or all rights, duties or obligations of the Provider under this Agreement will be permitted only with the express written consent of the City, which will not be unreasonably withheld. Provider shall not subcontract any portion of the Services to be performed under this Agreement without the express written consent of the City, which will not be unreasonably withheld.
If City consents to such subcontract, Provider shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (1) create any contractual relationship between Initial: City______ Provider______
City and sub Provider; (ii) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Provider of any of its obligations and responsibilities under this Agreement.
17. Attorneys’ 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 of the Superior Court for the County of Fresno, State of California for any proceeding arising hereunder.
18. 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.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.
19. 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.
20. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
21. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California. Any action to enforce this Agreement is to be brought in Fresno County, California.
22. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
24. Authority to Enter Agreement. Provider has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
Initial: City______ Provider______
25. Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
CITY: PROVIDER:
City of Coalinga Dwight Hannah, Owner
155 West Durian 5010 N. 6th Street #189
Coalinga, California 93210 Fresno, CA 93710
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.
CITY OF COALINGA, a Municipal Corporation
By:__________________________________
Marissa Trejo, City Manager
PROVIDER
By:___________________________________
Dwight Hannah, Owner
By:___________________________________
Robert Donabedian, Co-Owner
Initial: City______ Provider______
Exhibit “A”
Scope of Work
Architectural services to assist the city in the development of the City’s (ADU) Cottage Home Program. The scope of services to be rendered is as follows:
Design a minimum of three complete sets of plans that are permit ready. There shall be a one bedroom/studio, 2 bedroom and 3 bedroom plan. Two (2) elevations per set of plans.
Two (2) site/plot plans for each plan set to accommodate alley and/or rear yard configurations with parking delineated.
Plans shall meet current building code standards and include adaptable design features, as well as blend with existing housing design and accommodate a variety of lot configurations.
Provide reproducible plan drawings to the City upon project completion.
Initial: City______ Provider______
Exhibit “B”
Payment Schedule
1. 1st preliminary floor plans (3 plans) and (1) front elevation each, submit for comment...................15%
2. 2nd preliminary floor plans (3 plans) and (2) front elevations each, submit for comment ...............10%
3. 3rd preliminary floor plans (3 plans) and (2) front elevations each, submit for comment.................10%
4. Construction drawings (3 plans) submitted to engineers..................................................................20%
5. Construction drawings (3 plans) submitted to city for plan check w/ generic site plans...................25%
6. Final approval on all plans................................................................................................................10%
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Rejection of Claim for Damages Presented by Karrie Ramsey Nagro Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Mercedes Garcia, Senior Administrative Analyst I. RECOMMENDATION:
It is recommended that the City Council reject the claim for damages presented by Karrie Ramsey Nagro.
II. BACKGROUND:
Ms. Nagro filed a claim with the City of Coalinga (see attached) on July 5, 2022. The claim was sent to George Hills Company for review. After review and investigation of the claim it was determined the City did not have prior notice of a dangerous condition of public.
III. DISCUSSION:
George Hills Company recommends the claim be rejected due to Government Code section 835 which applies to this claim and states that a public entity is not liable for damage or injury arising out of a dangerous condition of public property unless the public entity creates the dangerous condition or they have notice of the dangerous condition for a sufficient time prior to the occurrence of the damage or injury to have taken measures that would have prevented the damage or injury.
IV. ALTERNATIVES:
Accept the claim for the requested dollar amount (staff does not recommend).
V. FISCAL IMPACT:
The fiscal impact will be determined by Council decision.
ATTACHMENTS:
File Name Description
Nagro_Ramsey_Karrie_Claim_for_Damages_07052022.pdf Karrie Ramsey Nagro Claim for Damages
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Drought Update and Ongoing Conservation Efforts and Discussion and Potential Action regarding Adoption of Resolution No. 4120 Permitting the Watering of Front Yard Turf/Lawn Once Per Week (Mondays Only)
Meeting Date: Thursday, September 15, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Staff will deliver an update at the Council meeting regarding conservation efforts as wellas the current status of the water situation in the City.
Staff willalso be seeking direction from the Council related to a future agenda item requested by Councilman Ramirez related to the ongoing restrictions on watering front lawns. Staff has provided (attached) a draft Resolution that the Councilcould consider if they so choose. This will be discussed at the meeting.
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
Resolution_No._4120__-_Updated_Water_Conservation_Measures_September_2022.docx Resolution No. 4120
RESOLUTION NO. 4120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA CONTINUING THE
PROCLAIMED WATER CONSERVATION EMERGENCY AND UDATING ITS WATER SHORTAGE
REGULATIONS RELATED TO WATERING FRONT YARD LAWNS/TURF
WHEREAS, California is in a second consecutive year of dry conditions, resulting in drought conditions throughout most of the State, worse than the drought of 2015; and WHEREAS, warm temperatures and dry soils in Spring 2021 depleted the expected runoff from the Sierra-Cascade snowpack greater than previously projected low volumes; and WHEREAS, on May 10, 2021, the governor issued a proclamation of a State of Emergency regarding extreme drought conditions in California; and WHEREAS, the City of Coalinga is solely dependent on surface water provided through the Central Valley Project under the City’s contract with the United States Bureau of Reclamation (USBR); and
WHEREAS, USBR notified the City on May 18, 2022, that the City must decrease its water usage to Public Health and Safety (PHS) needs only, effective April 1, 2022; and WHEREAS, the City’s water requirements exceed the PHS-calculated volume and therefore the City must demonstrate extraordinary water conservation to receive additional water above the PHS volume, pursuant to USBR’s Municipal and Industrial Water Shortage Policy; and
WHEREAS, On July 1, 2021 the City Council proclaimed a Water Conservation Emergency is hereby proclaimed for the City of Coalinga until the City at a future date determines the water emergency is over;
WHEREAS, the City Council has determined that extreme conservation must continue through the 2022/2023 water year; and
WHEREAS, the City Council adopted Resolution 4108 on August 4, 2022 prohibiting the watering front yard lawns and various other watering restrictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coalinga as follows:
1. The Water Conservation Emergency Proclamation is hereby continued for the City of Coalinga until the Council removes such proclamation by subsequent resolution; and,
2. Resolution No. 4108 remains in full effect EXCEPT for the removal of the restriction on watering front yard lawn/turf. Watering of front yard turf/lawn shall be permitted in
accordance with the watering days established by the City Council on September 1, 2022 (Mondays Only).
The foregoing resolution was approved and adopted at a regular meeting of the City Council of the City of Coalinga held on the 15th day of September 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
______________________________
Mayor/Mayor Pro-Tem
ATTEST:
______________________________
City Clerk/Deputy City Clerk