CITY COUNCIL/SUCCESSOR
AGENCY/PUBLIC FINANCE AUTHORITY
MEETINGAGENDA
February 16, 2023
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 February 16, 2023 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
1. Recognize Coalinga Youth Cheer for their Accomplishments
2. Presentation of $325 Check to Coalinga-Huron Unified School District from Griswold, LaSalle, Dowd, Cobb & Gin LLP to Purchase 10 Chess Boards for the Coalinga High School Chess Club
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 (NONE)
5. CONSENT CALENDAR
1. Approve MINUTES - January 19, 2023
2. Information Only - Cost Estimate to Add Cameras to Cover the Council Chambers and City Hall Entrance
3. Information Only - Cost Estimate to Lease or Purchase 3 New Patrol Vehicles for Police Department
4. Adopt Resolution No. 4141 Authorized Designated Signatures for City’s bank accounts with Union Bank
5. Adopt Resolution No. 4142 - Authorizing the Commencement of Proceedings in Connection with the Issuance and Sales of Future Revenue Bonds by the Coalinga Public Financing Authority to Finance Solar Energy Projects at the Water Treatment Plant and Waste Water Plant
6. Adopt Resolution No. 4143 Accepting and Approving Funds Derived from the Portion of the Waived City Council Stipend for Mayor Horn
7. Waive the Second Reading and Adopt Ordinance No. 857 (Informal Bidding Procedures - Emergency Work Amendment)
8. Direct City Manager to Prepare a Chaplaincy Program and Bring Back to Council for Consideration and Approval
9. Authorize Mayor to Sign Letter of Support to Fresno County District Attorney Smittcamp on Behalf of Coalinga City Council
10. Direct Staff to Prepare Potential Solutions for Unimproved Driveways within the City and Bring Options Back to Council for Consideration and Approval
11. Approve Amendment to the Municipal Advisory Services Agreement between the City of Coalinga and Wulff, Hansen & Co.
12. Authorize City Manager to Execute a Project Development Agreement with Johnson Controls to Develop an Energy Services Project (Waste Water Treatment Plant Solar PV System) pursuant to California Government Code 4217.10-4217.18
13. Initiate Zoning Text Amendment, Amending Section 9-5.126 "Temporary Uses" Related to Carnivals, Fairs and Festival Events
14. Approve Comprehensive Fee Schedule for the Consumer Price Index (CPI) Update effective January 1, 2023
15. Code Enforcement Monthly Report for December 2022
16. Code Enforcement Monthly Report for January 2023
6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS
1. Discussion, Direction and Potential Action regarding Past Due Cannabis Tax Payments
Marissa Trejo, City Manager
2. Adopt Resolution No. 4138 Approving and Reestablishing the Transparency and Accountability Committees Act and Discussion, Direction and Potential Action regarding the Appointment of Council Members to Serve on Committees Established by the Transparency and Accountability Committees Act and to Direct Staff to Post Notices to Inform the Public of the Vacancies to be Filled by Members of the Community
Marissa Trejo, City Manager
3. Discussion, Direction and Potential Action regarding Council Rules of Procedure Marissa Trejo, 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: Recognize Coalinga Youth Cheer for their Accomplishments Meeting Date:
From:
Prepared by:
I. RECOMMENDATION:
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Presentation of $325 Check to Coalinga-Huron Unified School District from Griswold, LaSalle, Dowd, Cobb & Gin LLP to Purchase 10 Chess Boards for the Coalinga High School Chess Club
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Approve MINUTES - January 19, 2023
Meeting Date: Thursday, February 16, 2023
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_For_Approval_011923.pdf Minutes - January 19, 2023 Minutes – January 19, 2023
MINUTES
CITY COUNCIL/SUCCESSOR
AGENCY/PUBLIC FINANCE AUTHORITY
MEETING AGENDA
January 19, 2023
1. CALL TO ORDER 6:00PM
Council Members Present: Horn, Ramirez, Adkisson (via Zoom), Vosburg, Hedgecock (via Zoom) Others Present: City Manager Marissa Trejo, City Attorney Mario Zamora, Assistant City Manager Sean Brewer, Chief of Police Jose Garza, Financial Services Director Mai Vang, City Treasurer Dawn Kahikina, Administrative Analyst Mercedes Garcia (via Zoom), Fire Chief Greg DuPuis, Public Works and Utilities Coordinator Larry Miller, and City Clerk Shannon Jensen Council Members Absent: None
Others Absent: None
Changes to the Agenda: City Manager Marissa Trejo announced the following changes to the Agenda:
1. The Special meeting will run concurrently with the Regular meeting.
2. Item No. 9.1 from the Special agenda will be added to the Regular agenda as Item No. 9.3, and
3. Item No. 6.1 will be pulled from the Agenda as the swearing-in of reelected Councilman Adkisson took place on January 17, 2023.
Motion by Ramirez, Second by Vosburg to Approve the Changes to the Agenda and to Approve the Agendas for the meeting of January 19, 2023. Motion Approved by 5/0 Roll-Call Majority Vote.
2. AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Certificate Honoring Richard Hill for his Service and Representation of Veterans, the Elks, the City of Coalinga, and the 2023 Rose Bowl Parade
Councilman Vosburg presented Mr. Hill with a certificate honoring him for his service and representation of Veterans, the Elks, the City of Coalinga and the 2023 Rose Bowl Parade.
2. 2022 Police Officer of the Year Award Honoring Brady Kaiser Chief of Police Jose Garza presented Police Officer Brady Kaiser with a certificate honoring him as the 2022 Police Officer of the Year.
Minutes – January 19, 2023
3. 2022 Firefighter of the Year Award Honoring Russell Banks Fire Chief Greg DuPuis presented Firefighter / Paramedic Russell Banks with a certificate honoring him as the 2022 Firefighter of the Year.
4. Fire Department Promotion Recognitions
Fire Chief Greg DuPuis announced the Justin Milligan’s promotion to Administrative Captain, Stephen Hein to Fire Engineer and May Aung to Firefighter.
5. Recognize Public Works and Utilities Department for being Accident Free for Over One Year Mayor Pro-Tem Ramirez presented a certificate to Assistant City Manager Sean Brewer on behalf of the Public Works and Utilities Department recognizing them for being accident-free for over one year.
3. CITIZEN COMMENTS
The following individual(s) spoke under Citizen Comments:
None
The following individual(s) submitted written comment(s):
Mr. Erich Headrick provided written comment against Councilman Adkisson.
4. PUBLIC HEARINGS
1. Adopt Resolution No. 4132 Certifying and Initial Study and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program for the Construction of Segments 1, 2, 13 and 14 of the Coalinga Trails Master Plan
Sean Brewer, Assistant City Manager
Assistant City Manager Sean Brewer gave a brief overview of the item.
Mayor Horn opened the Public Hearing for comments.
Mr. Rocco Papietro urged the Council to add dog waste bags and trash receptacles to the trails and schedule routine maintenance and take a look at the trail off of Cambridge and Monterey because it is regularly used as a truck route and the trucks have already damaged that area.
Seeing no further comments, Mayor Horn closed the Public Hearing.
Motion by Vosburg, Second by Ramirez to Adopt Resolution No. 4132 Approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Construction of the City of Coalinga Trails Master Plan Segments 1, 2, 13 and 14. Motion Approved by 5/0 Roll-Call Majority Vote.
2. Consideration and Approval of a Zoning Text Amendment and Introducing and Waiving the First Reading of Ordinance No. 852 Establishing Regulations for the Permitting of Mobile Food Trucks in the City of Coalinga
Sean Brewer, Assistant City Manager
Minutes – January 19, 2023
Assistant City Manager Sean Brewer gave a brief overview of the item.
Mayor Horn opened the Public Hearing for comments. Seeing none, Mayor Horn closed the Public Hearing.
Motion by Adkisson, Second by Vosburg to Approve the First Reading of Ordinance No. 852 Establishing Regulations for the Permitting of Mobile Food Trucks in the City of Coalinga. Motion Approved by 4/1 RollCall Majority Vote. (Ramirez voted – No).
5. CONSENT CALENDAR
1. Approve MINUTES – December 1, 2022
2. Approve MINUTES – December 5, 2022 (Special)
3. Waive Second Reading and Adopt Ordinance No. 856 (Adopting of 2022 California Building Codes)
Councilman Vosburg pulled Item No. 5.3 for discussion.
Assistant City Manager Sean Brewer gave a brief overview of the item.
4. Adopt Resolution No. 4134 Authorizing Designated Signatures for City Bank Accounts with Union Bank
5. Adopt Resolution No. 4135 Authorizing Emergency Repairs to East Polk Street between East Glenn and South 6th Street and at the Intersection of Forest and East Polk in Accordance with California Public Contract Code
Councilman Vosburg pulled Item No. 5.3 for discussion.
Assistant City Manager Sean Brewer gave a brief overview of the item.
6. Adopt Resolution No. 4136 Accepting and Appropriating Funds Derived from the Waived City Council Stipend for Councilman Hedgecock
7. Reject Claim for Damages Presented by Said Alexander Villalobos Otero Councilman Vosburg pulled Item No. 5.3 for discussion.
City Manager Marissa Trejo gave a brief overview of the item.
8. Authorize City Manager to Execute an Amended Project Development Agreement with Johnson Controls to Develop an Energy Services Project (Water Treatment Plant Solar PV System with Battery Backup) pursuant to California Government Code 4217.10-4217.18 Councilman Vosburg pulled Item No. 5.3 for discussion.
Assistant City Manager Sean Brewer gave a brief overview of the item.
9. Authorize Assistant City Manager to Coordinate an Appreciation Event for Public Works and Utilities Employees for being Accident-Free for Over One Year Minutes – January 19, 2023
Motion by Ramirez, Second by Vosburg to Approve Consent Calendar Item Nos. 5.1 through 5.9. Motion Approved by 5/0 Roll-Call Majority Vote.
6. ORDINANCE PRESENTATION, DISCUSSION AND POTENTIAL ACTION ITEMS
1. Swearing In of Re-Elected Councilmember Adam Adkisson Marissa Trejo, City Manager
This item was Pulled during Changes to the Agenda.
2. Discussion, Direction and Potential Action related to the 2022/2023 Water Year and Water Conservation Efforts including Revising the Current Water Restrictions Sean Brewer, Assistant City Manager
Assistant City Manager Sean Brewer gave a brief overview of the item.
Consensus of the Council is to Table the item for now. Staff shall bring back item updating the Council on final water usage for the current water year.
7. ANNOUNCEMENTS
City Manager’s Announcements:
City Manager Marissa Trejo announced that the City is currently accepting Gas Assistance Applications. The rate assistance program is available to income qualifying customers and is available for a one time / one month payment of the natural gas portion of the utility bill. This assistance is available during the months of December through March. Applications are available in English and Spanish at City Hall.
Westside Family Preservation still has funding available for utility assistance and can be used for assistance with any utility fees however it is only available for renters not homeowners.
Council Member’s Announcements:
Councilman Adkisson stated he was jealous of Councilman Hedgecock because he was in a part of the country where there is a Whataburger.
Councilman Vosburg stated that he continues touring the different departments of the City to see processes and changes since he was on the Council four years ago. He thanked City staff for accommodating him.
Mayor Pro-Tem Ramirez applauded Public Works and the Fire and Police Departments.
Mayor’s Announcements:
None
8. FUTURE AGENDA ITEMS
Councilman Vosburg requested the following Future Agenda Items:
1. a resolution establishing distance requirements for smoke shops from schools;
2. an item to bring back the Transparency and Accountability Committees and to add a committee for water; and
Minutes – January 19, 2023
3. team building exercise for the City Council.
Councilman Adkisson requested a Future Agenda Item for an update on the animal shelter moving over to the new building.
Councilman Hedgecock requested a Future Agenda Item that would allow the City staff make emergency repairs with out having Council approval beforehand.
Mayor Pro-Tem Horn requested the following Future Agenda Items:
1. an update on the smart water meters;
2. cost estimates for diesel exhaust system at the Fire Department;
3. cost estimates for surveillance cameras in the Council Chambers;
4. cost estimates for lease/purchase 3 additional patrol vehicles for the Police Department; and
5. for public censure of Councilman Adkisson for failure to submit the required residency documents on time.
9. CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS – Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. PROPERTY: 25 W. Polk Street (APN: 083-080-60S), Coalinga, CA. CITY NEGOTIATORS: City Manager Marissa Trejo and City Attorney Mario Zamora.
NEGOTIATING PARTIES: Fresno County. UNDER NEGOTIATION: Price and Terms of Lease
2. CONFERENCE WITH LABOR NEGOTIATORS – Government Code 54957.6. CITY NEGOTIATORS: City Manager, Marissa Trejo and City Attorney, Mario Zamora. EMPLOYEE (ORGANIZATION): Non-Represented Employees
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Government Code Section 54956.9(d)(1) – 1 case. National General Insurance Company v. City of Coalinga, Case No. 22CECL06514
10. CLOSED SESSION REPORT
None.
11. ADJOURNMENT 7:26 PM
APPROVED:
___________________________________
James Horn, Mayor
ATTEST:
___________________________________
Shannon Jensen, City Clerk
___________________________________
Date
February 16, 2023
From: [email protected]
To: Information; Marissa Trejo
Subject: Citizens Comment 1/19/2023
Date: Thursday, January 19, 2023 11:53:38 AM
City Council of Coalinga,
I purchased a home in Coalinga last year from Adam Adkisson on 115 Hill View Ln. Part of the comfort in the buying process was knowing Adam was a member of the council and he represented himself as such. During the process of purchasing the property there was a personal hardship where Adam needed to reside in the house after closing so we granted a leaseback to help him and his family out.
There were dynamics taking place during the leaseback, for example; the refrigerator we purchased with the property was removed and replaced with a different one. When it was done without me knowing and then presented to me as an upgrade, upon informing Adam to bring the appliance back, he did and then sarcastically stated “It’s gotta be this way, huh”. If it were just that I wouldn’t even complain but since moving in I actually had to replace that refrigerator with my home warranty because of the abuse to it. I am pointing this out because it spoke loudly of the character of this entity.
On my move in day, I arrived to the home in shambles. It was filthy and unfit for farm animals. It was an absolute assault on me and my family, especially considering Adam had promised to have the home professionally cleaned on move out and instead of doing so he trashed the home. Again, this speaks loudly of character.
After the fact there was an exchange with Adam about it but I was so disgusted, I didn’t even want to speak with him or deal with him anymore. I guess I was cutting my losses.
So, fast forward a few months into the home, adapting to my new community and on the road to really being thankful for being here, a new crisis arose. The Pool Store here in town informed me there was a substantial leak in the pool. They informed me that they do not do leak detection or repairs and referred me to Pools Plus in Visalia. They also told me they had discussed this with Adam which is probably why Adam, prior to me occupying the home, was deliberate in advocating me to not use The Pool Store, a local Coalinga pool store, due to, in Adams words, not doing a good job.
To make an exhaustingly long story as short as possible, I learned from Pools Plus that Adam had approached them in September of 21’ to do a leak detection but he never followed through. This is the exact month the home was listed for sale and there was NO disclosure of any sort of leak in the pool. So, after paying thousands of dollars I took him to court for fraud and won.
To take someone to court you must have them served. He was served at his Cedar St address, not the address he reports in district 1. I say this because I have learned through other parties that he in fact does not live at the Monterey St address and basically uses a broom closet at that address to establish residency to represent my district. As a tax payer and citizen of Coalinga, my home, I am unhappy with the council turning a blind eye on this situation.
I could go on and on about him not appearing in court due to him self reporting COVID but on my court date he entered and exited the city building on multiple times and from what I am told no one was informed about him having COVID when he was there. Well, it is either he had COVID and did not care about whom he was in contact with, or, he was lying about having it to the courts. Either way, as a tax payer and citizen of Coalinga, I am disappointed in the entire situation.
As of this date January 19th 2023 I haven’t been compensated for my losses from Mr Adkisson, court ordered, and I can only assume I will not be compensated. Let’s face it, October he reached out and stated he was cashing in a money market account and taking care of the debt in short order. It’s gotta be this way, huh?
In closing, I do NOT want someone who lives out of my district to represent my neighborhood and has total disregard for the law. The games in this town need to stop and stop right now. Am I asking too much?
Sincerely,
Erich M Headrick I
115 Hill View Ln, Coalinga CA 93210
831 818 5262
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Information Only - Cost Estimate to Add Cameras to Cover the Council Chambers and City Hall Entrance
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Sean Young, Police Commander
I. RECOMMENDATION:
This was a future agenda item at the request of Mayor Horn to get estimates to add surveillance cameras to the Council Chambers and to the entrance of City Hall.
II. BACKGROUND:
Mayor Horn requested a quote to have surveillance cameras installed in the Council Chambers and the entrance to City Hall for additional security. The surveillance cameras would be linked to the existing surveillance camera system which is used to monitor the Police Department.
III. DISCUSSION:
American Office Solutions (AOS) was the company who maintains the existing surveillance system for the Police Department. They were contacted and were able to get a quote to add cameras to the existing system. To add 2 cameras to the Council Chambers and 2 cameras in the lobby of City Hall it would cost about $2,403.58. The cameras would be Vivotek CC9381-HV 5 Megapixel Network Cameras with 180 degree views and audio.
This does not include labor costs. Majority of the labor can be completed by the City and that would just include running the wire. AOS would then only need to mount the cameras and update the system, which can be done from their office.
IV. ALTERNATIVES:
None at this time.
V. FISCAL IMPACT:
This is an unbudgeted item and would have a fiscal impact to the General Fund of about $2,403.58. There may be minor labor costs, but that is unknown at this time due to the decision on whether or not the City will complete some of the installation.
This is an informational only item at this time.
ATTACHMENTS:
File Name Description
CAMERA_QUOTE.pdf Quote
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Information Only - Cost Estimate to Lease or Purchase 3 New Patrol Vehicles for Police Department
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Sean Young, Police Commander
I. RECOMMENDATION:
This was a Future Agenda Item requested by Mayor Horn regarding the cost comparison of purchasing versus leasing 3 new patrol vehicles.
II. BACKGROUND:
Mayor Horn requested to know the cost comparison of purchasing versus leasing 3 patrol vehicles. The Police Department has purchased the last few patrolcars from Wondries Fleet Group so they were contacted for a quote to purchase 3 new Ford Police Utility Interceptor vehicles. The City is currently working with Enterprise Fleet Management for the lease of the City fleet so they were contacted regarding the lease option of this request.
III. DISCUSSION:
Utilizing the Enterprise Lease Program the City is currently enrolled in, the cost of a new Ford Police Interceptor Utility (Ford PIU) is about $53,155 per unit, with a monthly lease payment of about $1,200. This would put the vehicle cost of 3 Ford PIU's at about $159,465, with monthly payments at about $3,600.
This is a currently a 48 month lease program, meaning there is stilla balance of about $14,985.60, or about $44,956.80 for all 3 vehicles. At that time, there would be an option to either purchase the vehicles for the remaining balance due, or turn them back in to Enterprise. Enterprise would then sell the vehicles and would in turn give the City any money made off the sales that was left over after making the final payment of $44,956.80.
Wondries Fleet Group is estimating about $45,000 with possibly an additional $2,250 for the 2024 Ford PIU, and $459 for delivery. This would put the cost per vehicle at about $47,250, or about $141,750 for 3 vehicles, plus a $495 delivery fee. Wondries Fleet Group is unable to provide a solid price on the 2024 year model until March sometime. 2023 models are hard to come by at the moment which is why they could not provide a cost estimate on those.
The cost to outfit the vehicles with the equipment for patrol will run anywhere between $12,000 and $17,000, plus about another $1,200 for graphics. Depending on the changes in body styles, some of the equipment may be able to be moved over to new cars in the future.
IV. ALTERNATIVES:
None at this time.
V. FISCAL IMPACT:
If the City decides to move forward, the lease option willcost about $114,508.20 with the option to purchase the vehicles after 48 months for $44,956.80. The totalcost over 48 months will be about $159,465, if the City decides to purchase them after the 48 month lease is up.
To purchase the vehicles outright, the cost will be about $141,750 and the City will own the vehicles. Again though, this is an estimate only due to the fact the dealership is unable to secure actual pricing on the 2024 models until March.
The cost to outfit the 3 vehicles so they are patrol ready will be about $54,000 on top of the cost of the purchase / lease.
This is an informational item only at this time.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4141 Authorized Designated Signatures for City’s bank accounts with Union Bank
Meeting Date: February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Mai Vang, Financial Services Director
I. RECOMMENDATION:
Financial Services Director recommends City Council to Adopt Resolution No. 4141, authorizing designated signatures for the City’s bank accounts with Union Bank.
II. BACKGROUND:
Under Section 3-3.101 of the Municipal Code, it states that checks issued by the City shall bear the signatures of two (2) of the following: The Mayor, Mayor Pro Tempore, City Treasurer, City Manager, Finance Director, and/or other City Staff member(s) as designated by the Finance Director and approved by the City Manager.
Personnel with such authority is granted authorization to sign warrants and payroll checks which will be drawn from City’s bank accounts.
In the event of such changes to the designated and authorized personnel, it is necessary to make such changes to the resolution authorized signatures currently on file with Union Bank.
III. DISCUSSION:
Due to staff’s assigned responsibilities, it is necessary to update the resolution authorizing designated signatures currently on file with Union Bank.
New Additions:
Financial Services Supervisor as Yasmin Gonzalez
Removals:
None
Remaining Signers:
Mayor as James Horn
Mayor Pro Tempore as Jose Manny Ramirez
City Manager as Marissa Trejo
Treasurer as Dawn Kahikina
Financial Services Director as Mai Vang
IV. ALTERNATIVES:
None
V. FISCAL IMPACT:
None
ATTACHMENTS:
File Name Description
20230216_-_RESO#4141_Authorizing_Designated_Signatures_for_City_Bank_Accounts_with_Union_Bank.docx Resolution No. 4141 RESOLUTION NO. 4141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA AUTHORIZING DESIGNATED
SIGNATURES FOR CITY BANK ACCOUNTS WITH UNION BANK
BE IT RESOLVED by the City Council of the City of Coalinga, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California:
That this organization established in its name one or more accounts with the Coalinga Branch of Union Bank upon such terms and conditions as may be agreed upon with said Bank and that the Financial Services Director of this organization be and is hereby authorized to establish such accounts; and That either:
1. Mayor, James Horn
2. Mayor Pro-Tempore, Jose Manny Ramirez
3. City Treasurer, Dawn Kahikina
4. City Manager, Marissa Trejo
5. Financial Services Director, Mai Vang
6. Financial Services Supervisor, Yasmin Gonzalez
of this organization be, and they are hereby authorized to draw checks on said accounts of this organization, signed as provided herein with signatures duly certified to said Bank by the City Clerk of the City of Coalinga and said Bank is hereby authorized to honor and pay any and all checks so signed, including those drawn to the individual order of any officer or person authorized to sign the same; and That all checks require two (2) signatures by Numbers 1, 2, 3, 4, 5, 6 as set forth above.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Coalinga on the 16th day of February 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
James Horn, Mayor
ATTEST:
Shannon Jensen, City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4142 - Authorizing the Commencement of Proceedings in Connection with the Issuance and Sales of Future Revenue Bonds by the Coalinga Public Financing Authority to Finance Solar Energy Projects at the Water Treatment Plant and Waste Water Plant
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
With the anticipation of the possibility of issuing revenue bonds for the future solar projects at the water and wastewater plant facilities, staff is recommending that the City consider adoption of Resolution No. 4142.
Note: This action does not obligate the City to issue bonds.
II. BACKGROUND:
The City of Coalinga has been working on developing solar projects at both the City's water treatment facility and wastewater treatment facility in order to reduce the operationalcosts at these respective facilities and possibly reduce the instances of rate increases in the future.
As part of this effort the City will likely have to issue revenue bonds to cover the cost of capital on these projects. Staff willcome back to the City Council in the future, once the financial modeling and project scopes have been completed by Johnson Controls. This resolution does not obligate the council to proceed with issuing bonds, it is purely a mechanism to hire the finance team and ensure the City can be reimbursed for allcosts incurred 60 days prior to adoption of the resolution and allow those costs to be financed in the bond issuance.
III. DISCUSSION:
Resolution No. 4142 indicates the intention of the City to issue bonds, if necessary, to fund the cost of the solar projects. It willallow the city to be reimbursed from the proceeds of the bonds for allexpenses and costs expended by the city prior to issuing the bonds. Any costs expended 60 days prior to this resolution and any costs expended after the adoption of the resolution can be recovered by the city from the proceeds of the bonds if and when the bonds are issued. It also hires the financing and legal teams to work on the issue but no fees will be due the teams other than funds paid to them from the sale and closing of the Bonds.
This action by the Council does in no way obligate the City to issue revenue bonds for this project. The resolution explicitly states that a determination to issue bonds will need to be made at a subsequent meeting.
This will not even be considered by the Council until the complete financialanalysis has been presented to the City Council by Johnson Controls who is currently working on developing the project scopes, financial modeling and cost benefit analysis.
IV. ALTERNATIVES:
Do not adopt Resolution No.4142
V. FISCAL IMPACT:
This resolution does not commit the City to any financialcommitment. The only financialcommitment would occur when the City decides to issue bonds.
ATTACHMENTS:
File Name Description
Resolution_No._4142_for_Consideration_of_Issuing_Bonds.docx Resolution No. 4142 03055.05
RESOLUTION NO. 4142
RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS
IN CONNECTION WITH THE ISSUANCE AND SALE OF REVENUE BONDS
BY THE COALINGA PUBLIC FINANCING AUTHORITY TO FINANCE SOLAR ENERGY PROJECTS FOR THE CITY’S WATER AND WASTEWATER
SYSTEMS, RETAINING A MUNICIPAL ADVISOR, AN UNDERWRITER,
BOND COUNSEL AND DISCLOSURE COUNSEL, EXPRESSING OFFICIAL
INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE
REIMBURSED WITH PROCEEDS OF SUCH BONDS AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
RESOLVED, by the City Council (the “Council”) of the City of Coalinga (the “City”):
WHEREAS, the City has determined that is prudent at this time to issue and sell its revenue bonds (the ”Bonds”), in one or more series, by the Coalinga Public Financing Authority (the “Authority”) to finance solar energy projects for the City’s water and wastewater systems, as more fully described in Exhibit A attached hereto (collectively, the “Project”); WHEREAS, all or a portion of the expenditures relating to the Project (the “Expenditures”) (i) have been paid within the sixty days prior to the passage of this Resolution or (ii) will be paid on or after the passage of this Resolution;
WHEREAS, the City reasonably expects to reimburse itself for the Expenditures with the proceeds of the portion of the Bonds the interest on which will be excluded from the gross income of the owner or owners of such Bonds;
WHEREAS, it is appropriate that the Council formally authorize the preparation of the necessary documents in connection with the issuance and sale of the Bonds by the Authority and to retain a municipal advisor, an underwriter, bond counsel and disclosure counsel to assist the City;
NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows:
Section 1. The City reasonably expects to reimburse the Expenditures with proceeds of the portion of the Bonds the interest on which will be excluded from the gross income of the owner or owners of such Bonds.
Section 2. The maximum principal amount of the Bonds is expected to be $15,000,000.
Section 3. This Resolution is a declaration of official intent to reimburse expenditures pursuant to Treasury Regulations Section 1.150-2.
Exhibit A
Section 4. The City authorizes the Mayor, the City Manager, the Finance Director (the “Authorized Officers”) and other appropriate officers and officials of the City to proceed with the preparation of the necessary documents in connection with the issuance and sale of the Bonds, subject to the consideration by the Council. Adoption of this resolution in no way obligates the City to issue any Bonds, such determination is to be made by the Council at a subsequent meeting.
Section 5. Wulff Hansen & Co. is hereby retained as municipal advisor to the City in connection with the issuance and sale of the Bonds, the compensation for such services as set forth in such firm’s agreement for municipal advisory services on file with the City Clerk.
Section 6. Oppenheimer & Co. Inc. is hereby designated as underwriter to the City in connection with the issuance and sale of the Bonds, which will purchase the Bonds for re-sale to the public.
Section 7. Quint & Thimmig LLP is hereby retained as bond counsel and as disclosure counsel, in connection with the issuance and sale of the Bonds, the compensation for such services to be as set forth in an agreement for legal services to be provided.
Section 8. The Authorized Officers and other appropriate officers and officials of the City are hereby authorized and directed to take such action and to execute such documents as may be necessary or desirable to effectuate the intent of this Resolution.
Section 9. This Resolution shall be in full force and effect immediately upon its adoption. * * * * * * * * *
I hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of the City of Coalinga held on the 16th day of February, 2023, by the following vote:
AYES, and in favor of, Council Members:
NOES, Council Members:
ABSENT, Council Members:
________________________________________
Mayor/Mayor Pro-Tem
By
City Clerk
Exhibit A
EXHIBIT A
PROJECT DESCRIPTION
For the water enterprise fund, there is a proposed Solar PV and Battery storage project at the City’s water treatment facility. This facility is the City’s largest energy user, and the project will drastically reduce the City’s direct energy cost as well as the significant demand charges.
In addition to the project at the water treatment facility, there is another proposed Solar PV project at the Wastewater Treatment plant. The plant is the second largest energy user in the City, and the solar array will be designed to offset the majority of its energy costs.
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4143 Accepting and Approving Funds Derived from the Portion of the Waived City Council Stipend for Mayor Horn Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
City Manager recommends Counciladopt Resolution No. 4143 Accepting and Approving Funds Derived from the Portion of the Waived City Council Stipend for Mayor Horn.
II. BACKGROUND:
Council members received a monthly stipend of $300.00 through December 31, 2022.
Effective January 1, 2023, the monthly stipend was increased to $450.00.
III. DISCUSSION:
Mayor Horn has voluntarily waived the increase of his monthly stipend ($150.00) and asked that the funds budgeted be reallocated as specified in the attached Resolution.
IV. ALTERNATIVES:
Do not approve.
V. FISCAL IMPACT:
Annual fiscal impact of $1,800.00 reallocated from account 101-401-60020 to account 101-416-92084 ($900) and 101-413-92085 ($900) until terminated by Mayor Horn.
ATTACHMENTS:
File Name Description
Res_No_4143_Horn.docx Resolution
RESOLUTION NO. 4143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA ACCEPTING AND
APPROPRIATING FUNDS DERIVED FROM THE PORTION OF WAIVED CITY COUNCIL
STIPEND FOR MAYOR HORN
BE IT HEREBY RESOLVED by the City Council of the City of Coalinga, State of California, that:
1. Mayor Horn has voluntarily waived $150.00 of his City Council stipend of $450.00 per month and requested reallocation of funds derived from the $150.00 per month to be redirected to the Police and Fire Departments as outlined in Section 2.
2. Said reallocation shall be appropriated to the specific budgetary units(s)as follows:
Police Officer’s Association Stipend:
Police Department – Fund 101
Account No. 101-413-92085 – $75.00 per month
Firefighter’s Association Stipend:
Fire Department – Fund 101
Account No. 101-416-92084 – $75.00 per month
3. The Finance Director is hereby authorized to make such budgetary adjustments and shall carry out the intent and purpose of this Resolution.
4. Mayor Horn may terminate his Council Stipend Waiver at any time by providing written notice to the City Manager.
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Coalinga held on the 16th day of February, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
James Horn, Mayor
APPROVED:
Shannon Jensen, City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Waive the Second Reading and Adopt Ordinance No. 857 (Informal Bidding Procedures - Emergency Work Amendment)
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Larry Miller, Public Works & Utilities Coordinator I. RECOMMENDATION:
City CouncilAdopting an Ordinance Amending Emergency Work Procedures II. BACKGROUND:
On January 19th, 2023, Council directed staff to modify emergency work procedures.
On February 2, 2023, Council introduced and waived the first reading of Ordinance No. 857.
III. DISCUSSION:
Section 22031 of the California Public Contract Code allows for alternative procedures to complete work outside of the standard informal bidding procedures. Section 22035 specifically allows for emergency work to be completed without adopting plans, specifications, or giving notice for bids. It calls out Section 22050 as to what that procedure should be.
Emergency Contracting Procedures
§22050
a)
1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantialevidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
b)
1) The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a). 2) If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
This ordinance allows the City Manager to authorize work to begin immediately on any repairs deemed to be an emergency. During the next scheduled meeting, a resolution would be presented to council that would make findings on the validity of “emergency” status, and allow for continuance of the ongoing project. This resolution would need to pass with a 4/5 vote.
IV. ALTERNATIVES:
Do not adopt Ordinance No. 857.
V. FISCAL IMPACT:
None.
ATTACHMENTS:
File Name Description
Ordinance_857_-_Informal_Bidding_Procedures_-_Emergency_Work_Amendment.pdf Ordinance No. 857 ORDINANCE NO. 857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COALINGA AMENDING CHAPTER 8 TO TITLE 7 OF
THE MUNICIPAL CODE OF THE CITY OF COALINGA TO PROVIDE EMERGENCY WORK PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (Section 22050, et seq. of the Public Contract Code).
WHEREAS, The City Council of the City of Coalinga wishes to updated Chapter 8 of Title 7 of the Coalinga Municipal Code related to informal bidding procedures under the authority of the public construction cost accounting act:
SECTION 1. Chapter 8 of Title 7 is hereby amended to the City of Coalinga Municipal Code to read as follows:
CHAPTER 8 - INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT
Sec. 7-8.101. - Informal Bid Procedures.
Public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.
Sec. 7-8.102. - Contractors List.
The agency shall comply with the requirements of Public Contract Code Section 22034.
Sec. 7-8.103. - Notice Inviting Informal Bids.
Where a public project is to be performed which is subject to the provisions of this Ordinance, a notice inviting informal bids shall be circulated using one or both of the following alternatives:
(a) Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 7-8.102; (b) Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:
(1) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
Sec. 7-8.104. - Award of Contracts
The City Purchasing Agent and the Director of Public Works are each authorized to award informal contracts pursuant to this Section.
Sec. 7-8.105 – Emergency Contract Procedures
“Emergency work” shall mean when repair or replacements are necessary to permit the continued conduct of the operation of services of a public agency or to avoid danger to life or property. (a) Emergency work shall be completed pursuant to § 22050 of California Public Contract Code. (b) The City Manager or designee are authorized to order any action necessary to respond to the emergency.
SECTION 2. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage.
PASSED, APPROVED and ADOPTED by the City Council of the City of Coalinga, State of California, this____ day of __________,_____, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
______________________________
Mayor/Mayor Pro-Tem
ATTEST:
___________________________
City Clerk/Deputy City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Direct City Manager to Prepare a Chaplaincy Program and Bring Back to Council for Consideration and Approval
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
This item was requested as a Future Agenda Item by Mayor Pro Tem Ramirez and City Manager also recommends.
II. BACKGROUND:
Currently, the City of Coalinga does not have a chaplaincy program.
III. DISCUSSION:
This item directs the City Manager to prepare a chaplaincy program to bring back to Council for consideration and approval.
IV. ALTERNATIVES:
Do not direct the City Manager to prepare a chaplaincy program to bring back to Council for consideration and approval.
V. FISCAL IMPACT:
None at this time.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Authorize Mayor to Sign Letter of Support to Fresno County District Attorney Smittcamp on Behalf of Coalinga City Council
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
This item was requested as a Future Agenda Item by Councilman Adkisson.
II. BACKGROUND:
III. DISCUSSION:
Letter attached.
IV. ALTERNATIVES:
Do not Authorize Mayor to Sign attached Letter of Support to Fresno County District Attorney Smittcamp on Behalf of Coalinga City Council
V. FISCAL IMPACT:
None.
ATTACHMENTS:
File Name Description
Smittcamp_Letter.pdf Letter
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Direct Staff to Prepare Potential Solutions for Unimproved Driveways within the City and Bring Options Back to Council for Consideration and Approval Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
This item was requested as a Future Agenda Item by Councilman Vosburg.
II. BACKGROUND:
III. DISCUSSION:
This item directs Staff to Prepare Potential Solutions for Unimproved Driveways within the City and Bring Options Back to Council for Consideration and Approval
IV. ALTERNATIVES:
Do not Direct Staff to Prepare Potential Solutions for Unimproved Driveways within the City and Bring Options Back to Council for Consideration and Approval
V. FISCAL IMPACT:
None at this time.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Approve Amendment to the MunicipalAdvisory Services Agreement between the City of Coalinga and Wulff, Hansen & Co.
Meeting Date: February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Mai Vang, Financial Services Director
I. RECOMMENDATION:
Financial Services Director recommends approval of the amendment to the MunicipalAdvisory Services Agreement between the City of Coalinga and Wulff, Hansen & Co.
II. BACKGROUND:
The MunicipalAdvisory Agreement dated June 1, 2020 was signed between the City and Wulff, Hansen & Co. to provide municipaladvisory services. The agreement expired on December 31, 2022.
III. DISCUSSION:
Wulff, Hansen is proposing an Amendment to the current agreement to extend and provide municipal advisory services through December 31, 2023.
Addendum No. 5 authorizes Wulff, Hansen to provide municipaladvisory services relating to the solar financing project. Their fee will be $57,500.
Addendum No. 6 authorizes Wulff, Hansen to assist with preparation of a template to modeland project the City’s monthly cash flows. A fee of $350.00 per hour capped at an estimated not-to-exceed 10 hours or $3,500.
IV. ALTERNATIVES:
Do not approve the Municipal Services Agreement.
V. FISCAL IMPACT:
The fees associated with this agreement and addendum 5 will be paid from the bond financing and there will be not fiscal impact to the General Fund. Fees related to addendum 6 will be paid from the General Fund.
ATTACHMENTS:
File Name Description
Amendment_Letter_#3_(Municipal_Advisory_Agreement)Coalinga_sCC.pdf Municipal Advisory Services Amendment toAgreement Amendment_Letter_#1_(Addendum_1)_Coalinga_SIGNED.pdf Amendment Letter #1 Amendment_Letter_#2_(Addendum_3)_Coalinga_SIGNED.pdf Amendment Letter #2 Amendment_Letter_#3_(Municipal_Advisory_Agreement)Coalinga_sCC.pdf Amendment Letter #3 Addendum5_Coalinga_sCC.pdf Addendum #5
Addendum6_Coalinga_sCC.pdf Addendum #6
Coalinga_presentation_(2-16-2023)_vF.pdf Presentation
December 31, 2022
Marissa Trejo
City Manager
City of Coalinga
155 West Durian
Coalinga, CA 93210
Cc: Sean Brewer, Assistant City Manager
Re: Municipal Advisory Agreement dated June 1, 2020 by and between the City of Coalinga (“City”) and Wulff, Hansen & Co. (“Municipal Advisor”)
Dear Ms. Trejo:
The purpose of this Amendment Letter #3 (the “Letter”) is to set forth and document changes to our Municipal Advisory Agreement with the City date June 1, 2020. In the Municipal Advisory Agreement referenced above, the City agreed to retain Wulff, Hansen & Co. to provide certain financial advisory services for the City. The services to be provided by the Municipal Advisor for each financing or other advisory project contemplated were to be provided pursuant to an Addendum describing the specific scope of services, the fee to be charged, and the date upon which the Addendum would terminate.
Additionally, the City and Municipal Advisor subsequently amended specific addenda relating to changes in services, fees, and other terms.
Description of Addenda and amendments thereto as of December 31, 2022:
Document Related Project Status as of 12/31/22
Addendum 1 Solar financing project Not Completed
Addendum 2 Water/Sewer Enterprise financing & refinancing Completed Addendum 3 General advisory services Not Completed
Addendum 4 Fire Department lease financing Completed
Amendment
Letter #1
(Addendum 1)
Solar financing project (split fee under Addendum 1
between two separate financings, which was the
anticipated financing structure at that time)
Not Completed
Amendment
Letter #2
(Addendum 3)
General advisory services under Addendum 3 (expansion
of services related to the solar financing project that was anticipated to be completed ahead of the financing(s)
described in Addendum 1)
Not Completed
In order to allow Municipal Advisor to continue providing services under the Municipal Advisory Agreement after December 31, 2022, Municipal Advisor requests that the City, by acceptance of this Amendment Letter #3, extend the termination date of the Municipal Advisory Agreement to December 31, 2023.
Services provided under Addenda 2 and 4 have been completed and those Addenda are therefore not active as of December 31, 2022.
Services provided under Addenda 1 and 3 and both amendments thereto were not completed. By agreeing to the terms of this Letter, the City and Municipal Advisor agree to cancel Addenda 1 and 3 and both amendments thereto.
The City and Municipal Advisor anticipate entering in an Addendum 5 (attached to this Letter) so that Municipal Advisor can provide municipal advisory services relating to the solar financing project noted above with a newly contemplated scope of services and fee arrangement.
In Addenda 1 and 3 and the amendments thereto, the City agreed to pay Municipal Advisor a noncontingent fee of $12,000 for pre-transaction advisory services and fees contingent on the closing and completion of the financing(s) of $52,500 for transaction related services. Total fees (both noncontingent and contingent) under Addenda 1 and 3 and the amendments thereto totaled $64,500.
In Addendum 5 (attached to this Letter), Municipal Advisor shall instead charge a single fee, contingent on the closing and completion of the financing, of $57,500.
All other terms of the original Agreement shall remain unchanged and in full force and effect until the new termination date of December 31, 2023.
A copy of the Municipal Advisory Agreement, all Addenda and amendments thereto are also attached to this Letter for your reference. Please sign a copy of this Letter agreeing to the terms of this change to the termination date of the Municipal Advisory Agreement.
Approved: Approved:
City of Coalinga Wulff, Hansen & Co.
________________________ ________________________
Marissa Trejo, City Manager Chris Charles, President
Date:___________________ Date: 01/30/2023
December 31, 2022
Marissa Trejo
City Manager
City of Coalinga
155 West Durian
Coalinga, CA 93210
Cc: Sean Brewer, Assistant City Manager
Re: Municipal Advisory Agreement dated June 1, 2020 by and between the City of Coalinga (“City”) and Wulff, Hansen & Co. (“Municipal Advisor”)
Dear Ms. Trejo:
The purpose of this Amendment Letter #3 (the “Letter”) is to set forth and document changes to our Municipal Advisory Agreement with the City date June 1, 2020. In the Municipal Advisory Agreement referenced above, the City agreed to retain Wulff, Hansen & Co. to provide certain financial advisory services for the City. The services to be provided by the Municipal Advisor for each financing or other advisory project contemplated were to be provided pursuant to an Addendum describing the specific scope of services, the fee to be charged, and the date upon which the Addendum would terminate.
Additionally, the City and Municipal Advisor subsequently amended specific addenda relating to changes in services, fees, and other terms.
Description of Addenda and amendments thereto as of December 31, 2022:
Document Related Project Status as of 12/31/22
Addendum 1 Solar financing project Not Completed
Addendum 2 Water/Sewer Enterprise financing & refinancing Completed Addendum 3 General advisory services Not Completed
Addendum 4 Fire Department lease financing Completed
Amendment
Letter #1
(Addendum 1)
Solar financing project (split fee under Addendum 1
between two separate financings, which was the
anticipated financing structure at that time)
Not Completed
Amendment
Letter #2
(Addendum 3)
General advisory services under Addendum 3 (expansion
of services related to the solar financing project that was anticipated to be completed ahead of the financing(s)
described in Addendum 1)
Not Completed
In order to allow Municipal Advisor to continue providing services under the Municipal Advisory Agreement after December 31, 2022, Municipal Advisor requests that the City, by acceptance of this Amendment Letter #3, extend the termination date of the Municipal Advisory Agreement to December 31, 2023.
Services provided under Addenda 2 and 4 have been completed and those Addenda are therefore not active as of December 31, 2022.
Services provided under Addenda 1 and 3 and both amendments thereto were not completed. By agreeing to the terms of this Letter, the City and Municipal Advisor agree to cancel Addenda 1 and 3 and both amendments thereto.
The City and Municipal Advisor anticipate entering in an Addendum 5 (attached to this Letter) so that Municipal Advisor can provide municipal advisory services relating to the solar financing project noted above with a newly contemplated scope of services and fee arrangement.
In Addenda 1 and 3 and the amendments thereto, the City agreed to pay Municipal Advisor a noncontingent fee of $12,000 for pre-transaction advisory services and fees contingent on the closing and completion of the financing(s) of $52,500 for transaction related services. Total fees (both noncontingent and contingent) under Addenda 1 and 3 and the amendments thereto totaled $64,500.
In Addendum 5 (attached to this Letter), Municipal Advisor shall instead charge a single fee, contingent on the closing and completion of the financing, of $57,500.
All other terms of the original Agreement shall remain unchanged and in full force and effect until the new termination date of December 31, 2023.
A copy of the Municipal Advisory Agreement, all Addenda and amendments thereto are also attached to this Letter for your reference. Please sign a copy of this Letter agreeing to the terms of this change to the termination date of the Municipal Advisory Agreement.
Approved: Approved:
City of Coalinga Wulff, Hansen & Co.
________________________ ________________________
Marissa Trejo, City Manager Chris Charles, President
Date:___________________ Date: 01/30/2023
1 ADDENDUM TO MUNICIPAL ADVISORY AGREEMENT
Addendum 5
1. Purpose
This Addendum 5 to the Municipal Advisory Agreement dated June 1, 2020 between the City of Coalinga (hereafter, “CLIENT”) and Wulff, Hansen & Co. (hereafter, “Municipal Advisor” or “Advisor” or “MA”) specifies and describes specific municipal advisory services to be performed by Municipal Advisor under that Agreement.
2. Services
2.1 Scope of Services
Municipal Advisor will provide the following services to CLIENT pursuant to this Addendum:
Advise and assist CLIENT in developing a financing structure and pursuing various forms of financing to fund a solar infrastructure and energy project (the “Project”) in the approximate range of $7 million to $15 million. a) Attend CLIENT’s City Council meetings (including telephonically or virtually, as appropriate), at which matters relating to the Services are considered, except routine matters; b) Present financing options, market information and other relevant information to the City Council and other stakeholders in open meetings;
c) Attend City staff meetings (including telephonically or virtually, as appropriate), or meetings with members of the public on matters relating to the Services, upon the request of the CLIENT after reasonable notice; d) Prepare and maintain a distribution list with contact information on all relevant participants and a schedule indicating timing for significant steps in the process; e) Assist CLIENT in the selection of any needed outside professionals including bond counsel, disclosure counsel, placement agent, underwriter, consultants, accountants, and others as appropriate, if requested; f) Facilitate request for proposal/qualification processes for key financing team professionals at the direction of CLIENT and provide to CLIENT summaries of proposals submitted; g) Prepare cash flow analysis and other analyses required for the staff and the City Council to make fully informed decisions on the financing structure and process, including input from the staff and other consultants of the CLIENT in preparing such schedules;
h) Recommend the most appropriate method of sale, including private placements, negotiated underwritings, and competitive underwritings;
i) Review covenants and requirements of existing debt obligations as to determine effects and structuring considerations on new financing;
j) Assist in negotiations with the CLIENT’s selected Energy Service Company (“ESCO”) regarding the Project. k) Review and recommend terms relating to the project services offered and the savings projected to be generated by the Project.
l) Provide independent financial analysis relating to project costs and savings; m) Provide financing scenarios regarding the various alternatives available to CLIENT; n) Review and provide guidance in interpreting the non-legal financial aspects of the proposed contracts with the ESCO as it relates to guarantees and other terms offered to CLIENT; o) Assist CLIENT or CLIENT’s consultants in developing specific terms and conditions affecting the Project and financing so as to best reflect CLIENT’s interests;
p) Telephone consultants with CLIENT to answer questions about the project and financing; q) If necessary, assist in preparing and arranging for the financing to be sold to a private investor through the placement agent (Private Placement) or alternatively, for sale to the public through the underwriter (Public Offering);
r) Assist the Underwriter/Placement Agent and Bond and Disclosure Counsel in providing requested information needed for the preparation of the Bond and Offering Documents; 2 s) Assist the CLIENT in efforts to maintain or improve CLIENT’s underlying credit rating, including preparation of material, presentation to, and coordination with credit rating agencies; t) Assist the CLIENT in efforts to obtain bond insurance, if desired, and/or a surety bond to replace the Debt Service Reserve Fund, if applicable;
u) Review and advise with regard to the interaction of the financing with other prospective and current CLIENT projects.
v) At CLIENT’s request, perform other services necessary to complete the issuing, placement and closing of the transaction.
2.2 Limitations on Scope of Services
The services to be provided by Municipal Advisor to CLIENT pursuant to this Addendum are subject to the following limitations in addition to those described in the Agreement.
None.
3. Termination
The provisions of this Addendum 5 shall terminate and thereafter be null and void upon the closing and completion of Services or December 31, 2023, whichever occurs first.This Addendum 5 may only be extended or amended by a written agreement between CLIENT and Wulff, Hansen & Co.
4. Fees
With regard to Services to be provided by Municipal Adviser under this Addendum 5, Municipal Advisor shall be compensated as follows:
Fee due to Municipal Advisor for Services under this Addendum 5 shall be $57,500 should the transaction be in the anticipated range of $7 million up to $15 million.
Compensation earned by Municipal Advisor under this Addendum 5 shall be fully contingent upon the successful completion of the financing transaction as contemplated in this Addendum and shall be paid from the proceeds of the transaction immediately following the transaction’s closing.
5. Conflicts of Interest
Municipal Advisor is not aware of any additional material conflicts of interest to which it is subject in the context of this Addendum 5 other than those previously disclosed to CLIENT in connection with the Agreement.
APPROVED: APPROVED:
City of Coalinga Wulff, Hansen & Co.
/s/________________
/s/
Print Name and Title
Chris Charles, President
Date: Date: 01/30/3023
1 ADDENDUM TO MUNICIPAL ADVISORY AGREEMENT
Addendum 6
1. Purpose
This Addendum 6 to the Municipal Advisory Agreement dated June 1, 2020 between the City of Coalinga (hereafter, “CLIENT”) and Wulff, Hansen & Co. (hereafter, “Municipal Advisor” or “Advisor” or “MA”) specifies and describes specific municipal advisory services to be performed by Municipal Advisor under that Agreement.
2. Services
2.1 Scope of Services
Municipal Advisor will provide the following services to CLIENT pursuant to this Addendum:
Assist CLIENT in the preparation of a template to model and project CLIENT’s monthly cash flows. Specific services shall include:
a) Creating the initial template;
b) Suggesting revenue and expense categories that may be utilized in the template; c) Attending teleconferences related to the use form and use of the template; d) Assisting in the incorporation of Client investment projections into the model; e) Other services related to the template and model that are in the purview of Advisor’s expertise.
2.2 Limitations on Scope of Services
The services to be provided by Municipal Advisor to CLIENT pursuant to this Addendum are subject to the following limitations in addition to those described in the Agreement.
None.
3. Termination
The provisions of this Addendum 6 shall terminate and thereafter be null and void upon December 31, 2023.This Addendum 6 may only be extended or amended by a written agreement between CLIENT and Wulff, Hansen & Co.
4. Fees
With regard to Services to be provided by Municipal Adviser under this Addendum 6, Municipal Advisor shall be compensated as follows:
A fee of $350.00 per hour capped at an estimated not-to-exceed 10 hours or $3,500. Fees will be billed on a monthly basis.
5. Conflicts of Interest
Municipal Advisor is not aware of any additional material conflicts of interest to which it is subject in the context of this Addendum 6 other than those previously disclosed to CLIENT in connection with the Agreement.
APPROVED: APPROVED:
City of Coalinga Wulff, Hansen & Co.
/s/________________
/s/
Print Name and Title
Chris Charles, President
Date: Date: 02/01/2023
City of Coalinga
Investing in a Laddered Portfolio of U.S. Treasury Securities February 16, 2023
1 Short-Term U.S. Treasury Yields Have Increased Dramatically Since January 2022 (Source: U.S. Department of the Treasury)
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
5.00%
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Annual Yield 1-Year U.S. Treasury Yield
2 Short-Term U.S. Treasury Yields Are Approximately Double the Rate Paid by LAIF (Sources: California State Treasurer’s Office and U.S. Department of the Treasury)
0.00%
0.25%
0.50%
0.75%
1.00%
1.25%
1.50%
1.75%
2.00%
2.25%
2.50%
2.75%
3.00%
3.25%
3.50%
3.75%
4.00%
4.25%
4.50%
4.75%
5.00%
Jan
2022
Feb
2022
Mar
2022
Apr
2022
May
2022
Jun
2022
Jul
2022
Aug
2022
Sep
2022
Oct
2022
Nov
2022
Dec
2022
Jan
2023
Feb
2023
LAIF Yield 1-Year U.S. Treasury Yield
3 Short-Term U.S. Treasury Yields Are Approximately Double the Rate Paid by LAIF (Sources: California State Treasurer’s Office and U.S. Department of the Treasury) 4 Yield Curve as of February 6, 2023
(Sources: California State Treasurer’s Office and U.S. Department of the Treasury) *LAIF yield as of January 30, 2023
5 The payment of principal and interest on U.S. Treasury securities is guaranteed by the ‘full faith and credit’ of the United States Treasury, which is the same pledge that secures FDIC-insured bank account deposits.
Unlike FDIC insurance, there is no dollar limit on the unconditional Federal guarantee for Treasury securities.
Approximately $24.5 trillion of Treasury securities are currently owned by investors worldwide including foreign central banks, foreign and domestic commercial banks, mutual funds, pension funds, private investors, corporations, insurance companies, State and local governments, etc.
On average, investors worldwide buy and sell more than $500 billion of U.S. Treasury securities every day on the ‘secondary market’.
Treasury securities come in many varieties – some Treasuries mature in 30 days while others mature in 30 years, and everything in between. The wide variety of Treasury securities offers investors like the City of Coalinga the flexibility to design an investment portfolio that exactly matches their cash flow requirements and liquidity needs.
U.S. Treasury Securities Are Considered Among the
Safest and Most Liquid Investments in the World
6 12-Month Term and Quarterly Principal Maturities
(dollars rounded to nearest thousand)
Date of
Investment
Face Value
of Investment
Term of
Investment
Principal
Maturity
Annual Yield
(2-6-2023)
1st Year
Earnings4
3/1/2023 3,750,000 3-months 5/31/2023 4.71% 44,000
3/1/2023 3,750,000 6-months 8/31/2023 4.89% 92,000
3/1/2023 3,750,000 9-months 11/30/2023 4.87% 137,000
3/1/2023 3,750,000 12-months 2/29/2024 4.85% 182,000
15,000,000 455,000
Date of
Re-investment1
Face Value of
Re-investment
Term of
Re-investment
Principal
Maturity2
Annual Yield
(2-6-2023)3
1st Year
Earnings45
6/1/2023 3,750,000 12-months 5/31/2024 4.85% 136,000
9/1/2023 3,750,000 12-months 8/31/2024 4.85% 90,000
12/1/2023 3,750,000 12-months 11/30/2024 4.85% 45,000
271,000
4.84% 726,000
-0.17% (25,750)
-0.08% (12,500)
4.59% 687,750
4 1st Year Earnings are rounded to the nearest $1,000.
1 Re-investment of the proceeds from each maturing Treasury security. 2 Denotes securities that will also generate interest earnings during year 2. 3 Re-investment rate as of 2/6/2023; actual re-investment rate will be higher or lower.
Gross 1st Year Interest Earnings
One-Time Up-Front Expenses5
1st Year Annual Expenses5
Net 1st Year Interest Earnings
5 Excludes on-going annual Bidding Agent fee; please refer to page 11 for a breakdown of all Program Expenses. 7 Advantages of a Laddered Portfolio
A laddered portfolio can be created and maintained at relatively low cost and is easy to understand, administer, modify and track performance.
A laddered portfolio can accommodate whatever principal payment schedule and term structure best align with the City’s expected cash flow requirements and liquidity needs. Every quarter when a security matures, the City can use those funds for operating expenses, capital outlays, debt service payments, or any other lawful purpose. Alternatively, if the City prefers, those funds can be reinvested in new U.S. Treasury securities. A properly structured laddered portfolio is very flexible in that over time as circumstances change the City can increase or decrease the size of its Treasury portfolio or modify the term structure. If interest rates rise, the proceeds from each maturing security in the portfolio can be reinvested in new, higher yielding Treasuries. Likewise, if interest rates fall the impact on earnings will be cushioned by the portfolio’s blend of higher yielding older securities with lower yielding newer securities.
If an emergency should occur (e.g. an earthquake) and the City needs to quickly raise a large sum of capital, some or all of the Treasury securities in the portfolio could be liquidated almost immediately, in a matter of days. While in such a sale the prices received may be more or less than the initial cost, liquidating the shortest maturities first can help to minimize any such fluctuations.
8 Custody Account
All securities in the City’s portfolio will be held in trust for the City by its Custody Bank. Only City staff will have access to these funds and only City staff will be authorized to buy or sell investment with City funds.
The Custody Bank will provide the City with monthly and on-line account statements documenting the account holdings, earnings, transactions, etc.
Competitive Bidding Process
To ensure the City pays a competitive price for the securities in its portfolio, the entire portfolio will be competitively bid, much like the competitive RFP process used by the City to purchase other goods and services.
Bidders are given one week to review the bid specifications before bids are due. The bidder that offers to sell the portfolio of securities to the City at the lowest price (or highest yield) is awarded the bid. The winning bidder is then given 3-5 business days to assemble and deliver the portfolio of securities to the Custody Bank.
Custody Account and Competitive Bidding Process
9 Quarterly Review
One of the services Wulff, Hansen & Co. provides is that every quarter, approximately 30 days prior to the maturity of each security in the City’s portfolio, we will provide you with a written Reinvestment Analysis. The Reinvestment Analysis will include an analysis of potential reinvestment options for the upcoming principal maturity, with a comparative review of Treasury securities vs. LAIF.
The purpose of the Reinvestment Analysis is to evaluate whether the City’s portfolio remains properly aligned with its cash flow requirements and liquidity needs, and to make any incremental adjustments to the portfolio that may be necessary or desirable.
Additionally, we will meet with the City in person (or via Zoom at the City’s pleasure) each quarter to discuss the City’s upcoming cash flow requirements and liquidity needs and whether any modifications to the size or term structure of the City’s portfolio are warranted. 10 Estimated Fees
Portfolio Size ≥ $5 million
< $10 million
≥ $10 million
< $30 million
≥ $30 million
< $60 million
One-Time Up-Front Fees:
Municipal Advisor $12,000 $17,500 $25,000
Bidding Agent $5,000 $7,500 $10,000
Custodian Bank $750 $750 $750
$17,750 $25,750 $35,750
On-Going Annual Fees:
Municipal Advisor $7,500 $10,000 $15,000
Custodian Bank1 $2,500 $2,500 to $3,750 $3,750 to $7,500 Bidding Agent2 TBD TBD TBD
$10,000 $12,500 to $13,750 $18,750 to $22,500
1 Annual Custodian Bank fee estimated at 1.25 basis points subject to $2,500 minimum; payable quarterly in arrears. 2 Annual Bidding Agent fee is estimated; actual fee will depend on the size and frequency of reinvestments.
Notes to Fee Schedule
All of the one-time up-front fees are fully contingent and payable only upon the delivery of the Portfolio of Treasury securities to the Custodian Bank.
The on-going annual Municipal Advisor fee is payable quarterly in arrears following the delivery of each Quarterly Review (and after each quarterly meeting).
The Municipal Advisor does not receive any form of compensation from any third party; The Municipal Advisor is compensated exclusively by the City.
11 Proposed Schedule
The process of investing in a laddered portfolio of U.S. Treasury securities requires approximately three weeks to complete and includes the following steps:
Week 1: Retain Wulff, Hansen & Co. and select Custodian Bank and Bidding Agent, determine investment amount and cash flow & liquidity parameters; Week 2: Bidding Agent/RIA solicits competitive bids from eligible bidders; Week 3: Winning bidder delivers portfolio of Treasury securities to Custodian Bank.
The quarterly review process is as follows:
Week 1: Wulff Hansen meets with the City to review its cash flows and liquidity needs for the coming three months;
Week 2: Bidding Agent/RIA solicits a bid for re-investing maturing cash flow, if necessary; Week 3: New Treasury security is delivered to Custodian Bank. 12 STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Authorize City Manager to Execute a Project Development Agreement with Johnson Controls to Develop an Energy Services Project (Waste Water Treatment Plant Solar PV System) pursuant to California Government Code 4217.10-4217.18 Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Staff recommends that the City CouncilAuthorize the City Manager to Execute a Project Development Agreement with Johnson Controls to Develop an Energy Services Project (Waste Water Treatment Plant Solar PV System) pursuant to California Government Code 4217.10-4217.18.
II. BACKGROUND:
Staff has been working with Johnson Controls Inc. (JCI) to develop a solar facility at Water Treatment Plant on Palmer Ave and with the recent changes in the net metering program, staff would like to take advantage of the current regulations in place and pursue a project at the Wastewater Treatment Plant in order for a project to pencil out. This project is expected to be placed at the the existing waste water treatment plant. The first step in the process is to execute a project development agreement (PDA). The PDA will provide the basis of the scope, schedule, and deliverables of the PDA as well as the obligations of both parties, and the financial criteria representing the intended outcome of the project.
III. DISCUSSION:
The purpose of this Project Development Agreement (“PDA") is to confirm the intent of the City of Coalinga (“Customer”) to select Johnson Controls (“JCI”) to develop a Design-Build solar energy project for the City’s Wastewater Treatment Facility. This PDA will provide the basis of the scope, schedule, and deliverables of the PDA as wellas the obligations of both parties, and the financialcriteria representing the intended outcome of the project.
However, if JCI proposes a project that meets the Financial Criteria, and the Customer does not enter into the Energy Savings Performance Contract within sixty (60) days after JCI submits the deliverables of this PDA, the Customer shall promptly pay JCI in the amount of $55,000 as reasonable compensation for services provided under this PDA.
The City shall have no obligation to pay JCI for services performed as part of the Project Development Agreement if:
1. JCI and the City enter into the Design-Build Agreement for the proposed project within 60 days after JCI provides the Deliverables of the PDA.
IV. ALTERNATIVES:
Do not enter into the PDA with JCI and direct staff accordingly.
V. FISCAL IMPACT:
The fiscal impact to the City would be $55,000 if the City chooses to proceed with the PDA as they will immediately begin the work necessary to get the City an interconnect agreement with PG&E in order to take advantage of the existing net metering rules.
The sewer enterprise fund has funds available to undertake this preliminary work. If a design building contract is entered into as stated in the PDA, the $55,000 will be included into the financing of the project.
ATTACHMENTS:
File Name Description
City_of_Coalinga_-_WWTP_Project_Development_Agreement_020623.pdf Project Development Agreement - COC WWTP Solar
Project Development Agreement
© 2020 Johnson Controls, Inc.
PROJECT DEVELOPMENT AGREEMENT
BETWEEN
City of Coalinga
155 West Durian Ave.
Coalinga, CA 93210
AND
Johnson Controls
3451 West Ashlan Ave.
Fresno, CA 93722
The purpose of this Project Development Agreement (“PDA") is to confirm the intent of the City of Coalinga (“Customer”) to select Johnson Controls (“JCI”) to develop a Design-Build solar energy project for the City’s Wastewater Treatment Facility. This PDA will provide the basis of the scope, schedule, and deliverables of the PDA as well as the obligations of both parties, and the financial criteria representing the intended outcome of the project.
1. Scope of Services
The scope of services of this PDA shall include:
a. Project development, including engineering cost and savings estimates, the following facility Improvement measures (FIMs):
i. Wastewater Treatment Plant Solar PV
ii. Battery Energy Storage at Wastewater Treatment Plant b. JCI will provide the following additional services:
i. Obtaining from PG&E an interconnection pre-application report ii. Identification of potential rebates or incentives
iii. Project financial analysis
iv. JCI will assist and provide financial variables to the City Financial Advisor. An independent financial Proforma will be provided by the City Financial Advisor based on the information provided by JCI. v. Prepare a preliminary Environmental and Civil Site Assessment vi. Conduct a preliminary Geotechnical Study
2. Deliverables
At the completion of services provided under this Agreement, Johnson Controls shall deliver the following (“Deliverables”):
a. An executable Two Step Design-Build Contract which sets forth:
i. Scope of Work
ii. Customer responsibilities
iii. Price to execute the defined scope of work under final design stage and construction stage b. Input values (energy cost, savings, etc.) required to develop a pro-forma cash flow projection for the proposed project that meets the financial criteria outlined in this Agreement. The pro-forma cash flow projection will be developed by Customer’s municipal financial advisor using these inputs.
3. Financial Criteria
For the purpose of clearly defining the project’s outcome and for efficiently guiding the effort to provide the services of this PDA, Customer and JCI agree that the Financial Criteria used to evaluate this project shall be as presented in this section. These values may be changed, upon mutual agreement of Customer and JCI, at any time as more accurate information becomes known. However, for the purposes of determining whether or not JCI has met the financial criteria identified in Section 2 “Deliverables”, the values indicated herein will be used to make such determination.
Project Development Agreement
© 2020 Johnson Controls, Inc.
• Average PG&E annual utility escalation rate is 5%
• Operational Savings Percentage annual increase of 4%
The scope of the proposed project shall include the combination of the evaluated Facility Improvement Measures (FIMs) that satisfy, as a combination of FIMs and not necessarily individually, the Financial Criteria most advantageously for Customer. As a result, some FIMs may or may not be developed and some FIMs may or may not be included in the scope of the proposed project.
4. Schedule
It is the intent and commitment of all parties identified in this Agreement, to work diligently and cause others under their direction, to work diligently toward meeting the following timeline:
• February 10, 2023 JCI to submit sample contract for customer legal review • February 28, 2023 Development progress meeting
• April 20, 2023 City Council Approval of Design-Build Contract • April 21, 2023 Customer issuance of NTP 1 for Final Engineering • July 20, 2023 City to approve and issue NTP 2 for project construction These timeframes may be modified by subsequent work plans approved by all parties.
5. Price and Payment Terms
Customer agrees that JCI will incur significant cost by providing the services required by this Project Development Agreement and that all reasonable, actual, project development costs incurred will be included in the Total Price of the Work in the Energy Savings Performance Contract.
However, if JCI proposes a project that meets the Financial Criteria, and the Customer does not enter into the Energy Savings Performance Contract within sixty (60) days after JCI submits the deliverables of this PDA, the Customer shall promptly pay JCI in the amount of $55,000 as reasonable compensation for services provided under this PDA.
The Customer shall have no obligation to pay JCI for services performed as part of this Project Development Agreement if:
1. JCI and the Customer enter into the Design-Build Agreement for the proposed project within 60 days after JCI provides the Deliverables of the PDA
6. Records and Data
To enable JCI to fulfill its obligations, Customer will furnish to JCI all data, documents, and authorizations requested that are pertinent to the scope of work. JCI will provide a separate document requesting the information and Customer shall make every effort to provide that information within a reasonable time. If the requested information is not provided in a timely manner then JCI shall be allowed to modify the schedule in this agreement.
7. Indemnity
Johnson Controls and Customer agree that the parties shall each be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of the parties, their officers, agents, directors, and employees. To the extent permitted by law, Johnson Controls and Customer agree to indemnify and to hold each other, including their officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind,
Project Development Agreement
© 2020 Johnson Controls, Inc.
including all legal costs and attorney's fees, resulting from the intentional misconduct of their officers, agents or employees or any negligent act or omission by their officers, employees or agents.
8. Disputes
If a dispute arises under this Agreement, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation may be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at the time, except as modified herein, if the parties elect to at the time the dispute arises. In that event, all disputes shall be decided by a single arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest State or Federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney’s fees, incurred as a result of this dispute.
9. Confidentiality
This agreement creates a confidential relationship between JCI and Customer. Both parties acknowledge that while performing this Agreement, each will have access to confidential information, including, but not limited to, systems, services or planned services, suppliers, data, financial information, computer software, processes, methods, knowledge, ideas, marketing promotions, current or planned activities, research, development, and other information relating to the other party ("Proprietary Information"). Except as authorized in writing, both parties agree to keep all Proprietary Information confidential. JCI may only make copies of Proprietary Information necessary for performing its services.
Upon cessation of services, termination, or expiration of this Agreement, or upon either party's request, whichever is earlier, both parties will return all such information and all documents, data and other materials in their control that contain or relate to such Proprietary Information.
JCI and City understand that this is a confidential project and agree to keep and maintain confidentiality regarding its undertaking of this project. JCI shall coordinate its services only through the designated Customer representative and shall provide information regarding this project to only those persons approved by Customer. JCI will be notified in writing of any changes in the designated Customer representative.
Notwithstanding the foregoing confidentiality provisions, JCI acknowledges that the City is a California municipality and is subject to the California Public Records Act as found under the California Government Code Section 6250 et seq. City shall provide JCI no less than six (6) days' prior written notice of City's intent to disclose any of JCI's Proprietary Information pursuant to a request for disclosure and/or copying under the California Public Records Act. If JCI disagrees with City's decision to disclose JCI's Proprietary Information, JCI will respond in writing within forty-eight (48) hours of receipt of such written notice from the City informing the City of JCI's course of action including, but not limited to, seeking a protective order. If JCI fails to initiate seeking a protective order within two days of City's receipt of JCI's notification to City, City shall be permitted to comply with the demand to disclose the Proprietary Information. If JCI does initiate seeking such a protective order, the City shall cooperate with, and shall not oppose, JCI in obtaining such protective order, provided, however, that JCI agrees to assume all out-of-pocket legal costs related to the matter incurred by the City including, but not limited to, any reasonable attorney's fees. So long as the City complies with the provisions of notification set forth in this section, the City shall not be liable for, and JCI hereby releases City from, any liability for any damages arising from any release of Proprietary Information to a requestor of such information, and such release includes the representation of the City.
10. Miscellaneous Provisions
This Agreement cannot be assigned by either party without the prior written consent of the other party. This Agreement is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. Any change or modification to this
Project Development Agreement
© 2020 Johnson Controls, Inc.
Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this Agreement.
This Agreement and all matters arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of California. The parties hereby irrevocably consent to the jurisdiction of the state courts located in Fresno County, California, in any action arising out of or relating to this Agreement, and waive any other venue to which either party might be entitled by domicile or otherwise.
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reimbursement for all out-of-pocket costs and expenses, including without limitation, reasonable attorney's fees.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement remain in full force and effect and are not affected or impaired in any way.
This Agreement is not intended, and shall not be construed, to create any association, joint venture, agency, employment, or fiduciary relationship or partnership between the parties or to impose any such obligation or liability upon either party. Neither party shall have any right, power of authority to enter into any agreement or undertaking for, or act as or be an agent or representative of, or otherwise bind, the other party.
Without limiting the generality of the foregoing paragraph, neither this Agreement, nor any duties or obligations under this Agreement, nor the intentions or expectations of either party shall create an employment relationship between City and JCI for any purpose. JCI shall perform its obligations under this Agreement as an independent contractor and not as an employee of the City. JCI shall have no power or authority by this Agreement to bind the City in any respect.
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by JCI are employees, agents, contractors or subcontractors of JCI and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against JCI by any such employees, agents, contractors or subcontractors, or any other person, resulting from performance of this Agreement.
This Agreement does not and is not intended to confer any rights or remedies upon any party other than the parties to this Agreement.
This Agreement shall be construed as to its fair meaning and not strictly for or against either party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.
All notices required or permitted under this Agreement shall be in writing and shall be deemed given on the date sent if delivered by hand or by email with an attachment in a portable document format (.pdf) or similar file format, on the next business day if sent by overnight courier, or on the third business day if sent by United States mail, postage prepaid, to each party at its address shown on Page 1 of this Agreement (or at such other address as a party may specify by notice under this section.
Project Development Agreement
© 2020 Johnson Controls, Inc.
This document represents the business intent of both parties and should be executed by the parties who would ultimately be signatory to a final agreement.
Johnson Controls, Inc. City of Coalinga
By: Scott Avirett By: Marissa Trejo
Signature: Signature:
Title: Area General Manager, West Region Title: City Manager Date: Date:
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Initiate Zoning Text Amendment, Amending Section 9-5.126 "Temporary Uses" Related to Carnivals, Fairs and Festival Events
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:
Staff recommends the City Council direct staff to initiate a zoning text amendment to amend section 9-5.126 related to carnivals, fairs and festivals.
II. BACKGROUND:
In late 2022, the Chamber of commerce advised the City that they were going to move the horned toad derby to an alternative location on Sacramento Street for the 2023 Horned Toad Derby. The Chamber was seeking the City Councils support and subsequently the City Councilexpressed their support of moving locations.
III. DISCUSSION:
In order for the City to approve the new location, the City would need to update it's temporary use permit regulations to accommodate the location which is currently residentially zoned. These regulations are in the planning and zoning code so it will require a zoning text amendment in order for staff to process a temporary use permit for the new location. Attached is a draft (preliminary changes in red) of some of the changes/additions that would need to occur for the City to have the ability to review such an event.
If the Councilchooses to direct staff to initiate a zoning text amendment, staff will proceed with developing an ordinance with the Planning Commission for recommendation to the Council for consideration and approval.
IV. ALTERNATIVES:
Do not direct staff to initiate a zoning text amendment.
V. FISCAL IMPACT:
None.
ATTACHMENTS:
File Name Description
DRAFT_Sec._9_5.126.___Temporary_uses_(redlined)..docx Draft Changes to Section 9-5.126 Created: 2021-07-01 17:27:25 [EST]
(Supp. No. 15)
Sec. 9-5.126. Temporary uses.
(a) Temporary uses shall be located, developed, and operated in compliance with the standards of this section. (1) General. A temporary use is ancillary to the principal Use Permitted on a lot, but is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a Temporary Use Permit issued in accordance with Chapter 6, Article 6, Temporary Use Permits. (2) Carnivals, fairs and festival events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:
a. Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a public or private school. Carnivals, fairs, and festival events may be located in residential districts so long as it is located on a parcel no smaller than 20 acres,
b. Time limit. When located within or adjacent to a Residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m unless approved by the City Manager and additional sound attenuation measures are implemented.
c. Duration. Carnivals, fairs, and festival events are limited to no more than ten (10) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
d. Existing parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 4, Article 3, On-Site Parking and Loading. (b) Garage sales. A garage or yard sale may be permitted on any developed lot occupied for residential purposes, in accordance with the following standards:
(1) Garage sales are limited to no more than three (3) consecutive days four (4) times a calendar year, and no more than once a month per property. Garage sales are limited to 7:00 a.m. to 5:00 p.m. (2) No outdoor storage shall be allowed. All sale items shall be removed from public view at the end of each sale date.
(3) All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way. (4) All signs used in connection with advertising a garage sale shall comply with the following standards.
The City is authorized to remove garage sale signs that are not in compliance with the following standards:
a. No more than one sign shall be posted on the premises of the garage sale, and shall not exceed six (6) square feet in area.
b. No more than two (2) freestanding signs may be posted off-site, subject to the permission of the property owner on whose property the sign may be placed. Each off-site sign shall not exceed six (6) square feet in area. No sign shall be affixed to utility poles, street sign poles or similar public facilities.
c. All signs shall be removed within twenty-four (24) hours of the conclusion of the garage sale. (5) A non-retail commercial business may conduct a one-time lawful garage sale on their premises with the following conditions:
Created: 2021-07-01 17:27:25 [EST]
(Supp. No. 15)
a. The business must be closing (estates sale, liquidation sale); b. The sale shall not last more than two (2) consecutive days; c. The sale of goods must be personal property consistent with the business operations; d. An additional two (2) days may be granted by the City Manager at his/her discretion. (c) Model homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No planning approval is necessary for a model home. (1) Time limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first. (2) Location of sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.
(3) Return to residential use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes will be converted to its intended residential purpose. (4) Term of use. The model home may be established and operated for a term period of three (3) years or until completion of the sale of the lots or residences, whichever comes first. One year extensions may be approved by the Community Development Director until the sale of all lots/residences is completed. (d) Temporary and seasonal outdoor sales. Temporary and seasonal outdoor sales include but are not limited to grand opening events, business closing sales, temporary automobile sales, and other special sales events.
Temporary and seasonal outdoor sales may be permitted in accordance with the following standards. (1) General requirements. Temporary outdoor sales on private property in non-residential districts shall be subject to the following standards:
a. Temporary outdoor sales shall be part of an existing business on the same site. Items on sale shall only include items permitted for sale on the property. Temporary automobile sales are limited to the CR district.
b. Sales events shall be conducted solely on private property and not encroach within the public right-of-way.
c. Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
d. When located adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. Items shall be completely removed at the close of business each day. e. The entire area used for temporary outdoor sales, including display, sales, circulation and parking, shall be paved per City standards.
f. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. g. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 4, Article 3, On-Site Parking and Loading.
(2) Seasonal sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:
Created: 2021-07-01 17:27:25 [EST]
(Supp. No. 15)
a. Time period. Seasonal sales associated with holidays lasting three (3) days up to a month, are permitted one month preceding and one week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.
b. Goods, signs and temporary structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.
c. Non-profit fund raising. Fund raising sales by a non-profit organization are limited to no more than seven (7) consecutive days, twelve (12) times a year. (e) Long term special events and sales. Other special events, outdoor sales, and displays that range from three (3) consecutive days to no more than three (3) months, may be permitted in accordance with the following standards:
(1) Location. Events are limited to non-residential district. (2) Number of events. Long term special events and sales are limited to no more than two (2) per year. (3) Existing business. Temporary outdoor sales shall be part of an existing business on the same site. (4) Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 4, Article 5, Signs. (f) Temporary farming. Temporary farming may be permitted in areas that are primarily zoned residential, and shall be in accordance with the following standards:
(1) Area. Temporary farming shall require a lot with a minimum area of twenty (20) acres. (2) Setbacks. Setback from adjacent non-agriculturally-zoned property shall be thirty (30) feet. (3) Duration. Temporary farming activity is limited to no more than five (5) years. (4) Crop types. Row crops or pasture crops are allowed. Orchards and trees crops are prohibited. (5) Animal keeping. Consistent with Zoning Code Section 9-5.104. (6) Machinery operation. Hours for the use of machinery shall be limited to all days of the week from 7:00 a.m. to 10:00 p.m. unless approved by the City Manager. The request must be made in writing one week before anticipated activity.
(7) Pesticide use. Consistent with California's Department of Pesticide Regulation and Fresno County Agricultural Commissioner's regulations.
(8) Irrigation. Temporary farming shall use water from an existing well, and/or available, permitted, reclaimed water such as recycled wastewater. Wells shall have a sound barrier installed to reduce nuisance noise generated from the motor if it exceeds the decibel level acceptable in a residentially zoned district. If a sound barrier is required, the plan shall be reviewed and approved by the Community Development Director.
(9) Construction of new wells. The construction of new wells is strictly prohibited. (10) Temporary storage. Consistent with Zoning Code Section 9-4.208. (11) Temporary or seasonal retail sales. May be allowed in accordance with standard for Temporary and Seasonal Outdoor Sales, Zoning Code Section 9-5.126.
(12) Performance standards. Consistent with all standards set forth in Chapter 2, Article 2. (13) Dust reduction. Dust must be minimized through the use of continued water application, reduced vehicular speeds and avoiding tilling on windy days.
Created: 2021-07-01 17:27:25 [EST]
(Supp. No. 15)
(14) Caretaker. There shall be allowed one caretaker per operation. (g) Temporary carwashes for fundraising. Temporary vehicle carwashes may be conducted in accordance with the following standards. No permit is required for a temporary vehicle carwash. (1) The site shall be developed with commercial, industrial and/or public uses (i.e., civic, institutional). (2) No more than two (2) carwashes shall be conducted on a site any given month. (3) No event shall be conducted for longer than two (2) consecutive days. (4) Carwashes may be conducted between the hours of 7:00 a.m. and 7:00 p.m. (5) The site shall be paved with an impervious surface. (6) The use of biodegradable soap is required.
(7) Signs may be displayed only during the carwash and shall be removed at the end of the carwash. Signs shall not be placed on utility poles/structures or in the public right-of-way. (8) Vehicles, either being washed or in queue to be washed, shall not block required drive aisles, drive approaches, and/or public rights-of-way.
(9) Appearance. When a temporary carwash is not in operation, all evidence of its use must be removed from the site including all tables, tents, temporary membranes, canopies, barricades, products, signs, litter, etc. The parking lot must be left in a clean condition. (10) Refuse/litter. The operator shall provide waste removal and shall be responsible for collecting trash after each event, including the parking lot.
( Ord. No. 776 , § 1(Exh. A), eff. 9-5-2014; Ord. No. 803, § 1, eff. 9-2-2017 ; Ord. No. 809 , § 1, 5-19-2018)
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Approve Comprehensive Fee Schedule for the Consumer Price Index (CPI) Update effective January 1, 2023
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Mai Vang, Financial Services Director
I. RECOMMENDATION:
Financial Services Director recommends the approval of the Comprehensive Fee Schedule for the annual consumer price index (CPI) update effective January 1, 2023 as approved by Resolution No. 3789 on January 4, 2018 for development and other miscellaneous services.
II. BACKGROUND:
A fee is a charge imposed on an individual or business for a service that the individual or business chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or facility for which the fee is charged, plus overhead. Examples of fees included building permits, copy charges, and fire plan check fees.
Proposition 4, 13, 26, and 218 have placed both substantive and procedural limits on cities' ability to impose fees and charges. Collectively these constitutionalamendments provide safeguards against taxes being imposed with a vote of the people.
Proposition 26 contains a more generalarticulation of the cost of service principle which includes a requirement that the local government bear the burden of proof that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to recover the reasonable costs of the government activity, and that the manner in which those costs are allocated to a customer bear a fair or reasonable relationship to the customer's burden on, or benefits received from, the governmentalactivity.
In 2017, a service cost study was performed by Willdan. The intent of the study was to determine the following in regard to those services:
1. What does it cost the City to provide these services?
2. What fee changes are necessary to achieve the City's policies on cost recovery? The primary purpose of this review was to fairly and equitably set fees for the costs of providing such essential services to the individuals or organizations operating within the city proper. The goal is to neither make a profit on nay service, nor unintentionally subsidize any fee-oriented area. The fee only applies to the individuals or organizations who requested for the service, as opposed to the public at large. It is generally accepted that recovery of costs should be in directly proportion to the individual/specific gain for services received. For example, private development activity that benefits specific individuals generally is expected to pay fees that reflect 100% cost recovery. There are circumstances and programs which typically justify a subsidy such as youth, senior, and library services. The cost of these services is subsidized while the user receives benefits for which he or she does not fully pay.
Willdan developed a cost model based on "fullcost," which includes direct and indirect costs, including support costs from other departments. Direct costs include salaries and benefits attributed to each service.
Indirect costs are not readily identifiable with a direct operating program but rather, are incurred for a joint purpose that benefits more than one cost objective. Indirect costs include central service function costs such as accounting, legal services, human resources and building maintenance.
III. DISCUSSION:
Resolution No. 3789 passed on January 4, 2018 provided authorization to the City to adjust the fees based on the San Francisco area annualconsumer price index (CPI) annually every January 1st. Since the annual CPI factor for the prior year is not available until the middle of January, staff is requesting to use the annualized CPI factor between the months of October to October to become effective every January 1st.
The CPI factor used for the 2023 Fee update is 6% increase over October 2021 to October 2022.
IV. ALTERNATIVES:
None
V. FISCAL IMPACT:
Revenues generated from the proposed fees are unable to be determine at this time due to the unknown variable of the volume of these services to be provided in the current fiscal year and upcoming years.
ATTACHMENTS:
File Name Description
Coalinga_UF_vCPI_Change_v2_-_FINAL.pdf Master Fee Schedule for 2023 Admin
Fee Group Fee Description Unit Notes x Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Admin Copy Fee $0.25 $0.26 $0.27 $0.27 $0.28 $0.30
Admin FPCC Copy Fee $0.10 $0.10 $0.10 $0.10 $0.10 $0.10 Admin Research Fee Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Admin Public Records Search per page When allowable
per CPRA
$0.25 plus staff
time including
City Attorney
$0.26 plus staff
time including City
Attorney
$0.27 plus staff
time including
City Attorney
$0.27 plus staff
time including
City Attorney
$0.27 plus staff
time including
City Attorney
$0.27 plus staff
time including
City Attorney
CPI Increase Oct 2021 to Oct 2022
Airport
Fee Group Fee Description Unit x Original Fee
CPI Increased
Fee 2019
CPI Increased
Fee 2020
CPI Increased
Fee 2021
CPI Increased
Fee 2022
CPI Increased
Fee 2023
3.9% 3.0% 1.1% 3.8% 6.0%
Tiedown Fee per day $7.00 $7.00 $7.00 $7.00 $7.00 $8.00 Tiedown Fee per month $30.00 $31.00 $32.00 $32.00 $34.00 $36.00 Vehicle Parking per day $7.00 $7.00 $7.00 $7.00 $7.00 $8.00 Vehicle Parking per month $30.00 $31.00 $32.00 $32.00 $34.00 $36.00 Hanger Lease per month $115.00 $119.00 $123.00 $124.00 $129.00 $137.00 Film Fee - Minimum cost for use of
the Airport Facility per day $1,500.00 $1,559.00 $1,606.00 $1,624.00 $1,686.00 $1,787.00 Film Fee - Nominal water, power &
sewer
per day $50.00 $52.00 $54.00 $55.00 $57.00 $60.00
Film Fee - Staff time per hour $38.15 $40.00 $41.00 $41.00 $43.00 $46.00 Notes:
Any other requested type of events not listed are based on fair market value for the event type and suggestion/input from the Federal Aviation Administration (FAA)
CPI Increase Oct 2021 to Oct 2022
Building
Fee Group Fee Description Unit Notes x Original Fee
CPI Increased
Fee 2019
CPI Increased
Fee 2020
CPI Increased
Fee 2021
CPI Increased
Fee 2022
CPI Increased
Fee 2023
3.9% 3.0% 1.1% 3.8% 6.0%
Building Permit Issuance Fees Plan Check Fee of Building Permit Fee NA NA NA NA NA NA Building Permit Issuance Fees Re-Roof with Sheathing (up to 2,300 square feet) $106.00 $110.00 $113.00 $114.00 $119.00 $126.00 Building Permit Issuance Fees Re-Roof with Sheathing (over 2,300 square feet) $126.00 $131.00 $135.00 $136.00 $142.00 $150.00 Building Permit Issuance Fees Swimming Pool (Residential) $139.00 $144.00 $148.00 $150.00 $155.00 $165.00 Building Permit Issuance Fees Swimming Pool (Commercial) $165.00 $171.00 $176.00 $178.00 $185.00 $196.00 Building Permit Issuance Fees Re-Inspection Fee $66.00 $69.00 $71.00 $72.00 $75.00 $79.00 Building Permit Issuance Fees Solar Plan Check (Residential) per hour $66.00 $69.00 $71.00 $72.00 $75.00 $79.00 Building Permit Issuance Fees Solar Permit Issuance (Residential) $99.00 $103.00 $106.00 $107.00 $111.00 $118.00 Building Permit Issuance Fees Solar Permit Issuance (Commercial Roof Mount) $165.00 $171.00 $176.00 $178.00 $185.00 $196.00 Building Permit Issuance Fees Demolition Permit $77.00 $80.00 $82.00 $83.00 $86.00 $91.00 Building Permit Issuance Fees Administrative Fee (New Construction Only) $287.00 $298.00 $307.00 $310.00 $322.00 $342.00 Building Permits Commercial Solar Plan Review (Roof Mount) $126.00 $131.00 $135.00 $136.00 $142.00 $150.00 Building Permits Stucco $87.00 $90.00 $93.00 $94.00 $98.00 $103.00 Building Permits Gas Pressure Test (Reinspection Fee) $27.00 $28.00 $29.00 $29.00 $30.00 $32.00 Strong Motion Instrumentation Fee
(Earthquake Tax)- Applied to all
permits
Residential Permits Min fee $.50
Multiply
valuation by
.0001
Multiply
valuation by
.0001
Multiply
valuation by
.0001
Multiply
valuation by
.0001
Multiply
valuation by
.0001
Multiply
valuation by
.0001
Strong Motion Instrumentation Fee
(Earthquake Tax)- Applied to all
permits
Commercial Permits Min fee $.50
Multiply
valuation by
.00021
Multiply
valuation by
.00021
Multiply
valuation by
.00021
Multiply
valuation by
.00021
Multiply
valuation by
.00021
Multiply
valuation by
.00021
Building Standards Administration
Special Revolving Fund Valuation Between 1 and 25,000 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 Building Standards Administration
Special Revolving Fund Valuation Between 25,000 and 50,000 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 Building Standards Administration
Special Revolving Fund Valuation Between 50,000 and 75,000 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 Building Standards Administration
Special Revolving Fund Valuation Between 75,000 and 100,000 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 Building Standards Administration
Special Revolving Fund Every 25,000 or fraction there of above 100,000 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 Electrical Permits PERMIT ISSUANCE $32.80 $34.10 $35.10 $35.50 $36.80 $39.10 Electrical Permits SINGLE FAMILY RESIDENTIAL per sq ft $0.07 $0.10 $0.10 $0.10 $0.10 $0.11 Electrical Permits MULTI-FAMILY RESIDENTIAL per sq ft $0.06 $0.10 $0.10 $0.10 $0.10 $0.11 Electrical Permits RESIDENTIAL SWIMMING POOL $39.50 $41.00 $42.20 $42.70 $44.30 $47.00 Electrical Permits COMMERCIAL SWIMMING POOL $79.10 $82.20 $84.70 $85.60 $88.90 $94.20 Electrical Permits SERVICE PANEL <=200A $19.70 $20.50 $21.10 $21.30 $22.10 $23.50 Electrical Permits SERVICE PANEL >200A<=1000A $39.50 $41.00 $42.20 $42.70 $44.30 $47.00 Electrical Permits SERVICE PANEL >1000A $59.30 $61.60 $63.50 $64.20 $66.70 $70.70 Electrical Permits SERVICE PANEL (SOLAR) $30.00 $31.20 $32.10 $0.00 $33.70 $35.70 Electrical Permits OUTLETS/FIXTURES/SWITCH (FIRST 20) per unit $1.95 $2.00 $2.10 $2.10 $2.20 $2.30 Electrical Permits OUTLETS/FIXTURES/SWITCH (20+) per unit $0.95 $1.00 $1.00 $1.00 $1.00 $1.10 Electrical Permits SIGNS/MARQUEE (w/ Lights) $26.30 $27.30 $28.10 $28.40 $29.50 $31.30 Electrical Permits EACH ADD SIGN/MARQUEE $15.80 $16.40 $16.90 $17.10 $17.70 $18.80 Electrical Permits POWER APPARATUS <= 1HP $2.60 $2.70 $2.80 $2.80 $2.90 $3.10 Electrical Permits POWER APPARATUS > 1HP <= 10HP $7.90 $8.20 $8.40 $8.50 $8.80 $9.30 Electrical Permits POWER APPARATUS > 10HP <= 50HP $14.50 $15.10 $15.60 $15.80 $16.40 $17.40 Electrical Permits POWER APPARATUS > 50HP $29.00 $30.10 $31.00 $31.30 $32.50 $34.50 Electrical Permits ELECTRICAL PANEL $43.50 $45.20 $46.60 $47.10 $48.90 $51.80 CPI Increase Oct 2021 to Oct 2022
Building
Fee Group Fee Description Unit Notes x Original Fee
CPI Increased
Fee 2019
CPI Increased
Fee 2020
CPI Increased
Fee 2021
CPI Increased
Fee 2022
CPI Increased
Fee 2023
3.9% 3.0% 1.1% 3.8% 6.0%
Electrical Permits MISCELLANEOUS APPARATUS $29.00 $30.10 $31.00 $31.30 $32.50 $34.50 Electrical Permits TEMP POWER SERVICE POLE $43.50 $45.20 $46.60 $47.10 $48.90 $51.80 Electrical Permits TEMP POWER SERVICE DIST SYSTEM $7.90 $8.20 $8.40 $8.50 $8.80 $9.30 Mechanical Permits Permit Issuance $39.40 $40.90 $42.10 $42.60 $44.20 $46.80 Mechanical Permits FURNACE: <= 100,000 BTUH $13.10 $13.60 $14.00 $14.20 $14.70 $15.60 Mechanical Permits FURNACE: => 100, 000 BTUH $19.70 $20.50 $21.10 $21.30 $22.10 $23.50 Mechanical Permits DUO PAC A/C $43.50 $45.20 $46.60 $47.10 $48.90 $51.80 Mechanical Permits EVAPORATIVE COOLER $26.30 $27.30 $28.10 $28.40 $29.50 $31.30 Mechanical Permits VENTILATION FAN $6.50 $6.80 $7.00 $7.10 $7.30 $7.80 Mechanical Permits COMMERCIAL HOOD $65.90 $68.50 $70.60 $71.40 $74.10 $78.60 Mechanical Permits AIR HANDLER < 10,000 CFM $6.50 $6.80 $7.00 $7.10 $7.30 $7.80 Mechanical Permits AIR HANDLER >= 10,000 CFM $11.80 $12.30 $12.70 $12.80 $13.30 $14.10 Mechanical Permits <= 3HP, COMPRESSOR/BOILER $13.10 $13.60 $14.00 $14.20 $14.70 $15.60 Mechanical Permits =>3HP <=15HP, COMP BROILER $19.70 $20.50 $21.10 $21.30 $22.10 $23.50 Mechanical Permits 15HP <= 30HP, COMP/BOILER $26.30 $27.30 $28.10 $28.40 $29.50 $31.30 Mechanical Permits 30HP <= 50HP, COMP/BOILER $32.90 $34.20 $35.20 $35.60 $36.90 $39.20 Mechanical Permits < 50HP, COMPRESSOR/BOILER $52.70 $54.80 $56.50 $57.10 $59.30 $62.90 Mechanical Permits APPLIANCE VENT $5.25 $5.50 $5.70 $5.80 $6.00 $6.30 Mechanical Permits Ducting $26.30 $27.30 $28.10 $28.40 $29.50 $31.30 Mechanical Permits Air Purification Ventilation $19.70 $20.50 $21.10 $21.30 $22.10 $23.50 Plumbing Permits Permit Issuance $39.40 $40.90 $42.10 $42.60 $44.20 $46.80 Plumbing Permits FIXTURE/TRAP per unit $5.20 $5.40 $5.60 $5.70 $5.90 $6.20 Plumbing Permits REP / ALTER FIXTURE OR TRAP per unit $3.90 $4.10 $4.20 $4.20 $4.40 $4.70 Plumbing Permits SEWAGE DISPOSAL SYSTEM $29.00 $30.10 $31.00 $31.30 $32.50 $34.50 Plumbing Permits WATER HEATER (RESIDENTIAL) $7.90 $8.20 $8.40 $8.50 $8.80 $9.30 Plumbing Permits WATER HEATER (COMMERCIAL) $26.30 $27.30 $28.10 $28.40 $29.50 $31.30 Plumbing Permits GAS PIPING $19.70 $20.50 $21.10 $21.30 $22.10 $23.50 Plumbing Permits WATER PIPING $13.10 $13.60 $14.00 $14.20 $14.70 $15.60 Plumbing Permits LAWN SPRINKLER SYSTEM $39.50 $41.00 $42.20 $42.70 $44.30 $47.00 Plumbing Permits LAWN SPRINKLER BACKFLOW DEVICE $13.10 $13.60 $14.00 $14.20 $14.70 $15.60 Plumbing Permits PUBLIC POOL $118.00 $122.60 $126.30 $127.70 $132.60 $140.50 Plumbing Permits PUBLIC SPA $118.00 $122.60 $126.30 $127.70 $132.60 $140.50 Plumbing Permits PRIVATE SWIMMING POOL $52.00 $54.00 $55.60 $56.20 $58.40 $61.90 Plumbing Permits PRIVATE SPA $52.00 $54.00 $55.60 $56.20 $58.40 $61.90 Plumbing Permits MISC APPLIANCE $13.10 $13.60 $14.00 $14.20 $14.70 $15.60 Plumbing Permits PRESSURE TEST $27.60 $28.70 $29.60 $29.90 $31.10 $32.90 Contract Environmental Markup of Contract Price 24% 24% 24% 24% 24% 24% CPI Increase Oct 2021 to Oct 2022
Building
Building Permit Fees (Schedule A2)- CPI Increase 2022
Valuation Fee
$1 -$800 $60.89
$800 - $3,000 $60.89 for first $800 plus $5.39 for each additional $100 or fraction thereof, to and including $3,000 $3,001 - 38,000 $179.42 for first $3,000 plus $23.87 for each additional $1,000 or fraction thereof, to and including $38,000 $38,001 - 75,000 $1,014.98 for first $38,000 plus $17.65 for each additional $1,000 or fraction thereof, to and including $75,000 $75,001 - $150,000 $1,667.89 for first $75,000 plus $12.09 for each additional $1,000 or fraction thereof, to and including $150,000 $150,001 - $750,000 $2,574.70 for first $150,000 plus $9.67 for each additional $1,000 or fraction thereof, to and including $750,000 $750,001 - $1,500,000 $8,378.29 for first $750,000 plus $8.20 for each additional $1,000 or fraction thereof, to and including $1,500,000 $1,500,000 and up $14,531.65 for first $1,500,000 plus $7.01 for each additional $1,000 or fraction thereof Building Permit Fees (Schedule A2)- CPI Increase 2023
Valuation Fee
$1 -$800 $63.21
$800 - $3,000 $63.21 for first $800 plus $5.59 for each additional $100 or fraction thereof, to and including $3,000 $3,001 - 38,000 $186.27 for first $3,000 plus $24.79 for each additional $1,000 or fraction thereof, to and including $38,000 $38,001 - 75,000 $1,053.76 for first $38,000 plus $18.32 for each additional $1,000 or fraction thereof, to and including $75,000 $75,001 - $150,000 $1,731.61 for first $75,000 plus $12.55 for each additional $1,000 or fraction thereof, to and including $150,000 $150,001 - $750,000 $2,673.07 for first $150,000 plus $10.04 for each additional $1,000 or fraction thereof, to and including $750,000 $750,001 - $1,500,000 $8,698.41 for first $750,000 plus $8.52 for each additional $1,000 or fraction thereof, to and including $1,500,000 $1,500,000 and up $15,086.89 for first $1,500,000 plus $7.22 for each additional $1,000 or fraction thereof CPI Increase Oct 2021 to Oct 2022
Finance
Fee Group Fee Description Unit Notes x Original Fee
No CPI applied
to fees
Annual Business Tax Certificate $25.00 $25.00
Transfer for Business Tax Certificate $25.00 $25.00
Duplicate Business Tax Certificate $25.00 $25.00
Non-Payment of Annual Business Tax Certificate of the Tax Delinquent + 1.5% Interest $0.25 $0.25 License Fees per quarter (based on
monthly sales) Less than $1,000.00 $7.50 $7.50
License Fees per quarter (based on
monthly sales) $1,000.00 to $1,999.99 $12.50 $12.50
License Fees per quarter (based on
monthly sales) $2,000.00 to $2,999.99 $15.00 $15.00
License Fees per quarter (based on
monthly sales) $3,000.00 to $4,999.99 $20.00 $20.00
License Fees per quarter (based on
monthly sales) $5,000.00 and over plus $.50 per month for each increase of $1,000.00 $20.00 $20.00 Specific Business Rates Theatres, Minstrels, Opera, or Concert (Less than one month) per day $10.00 $10.00 Specific Business Rates Theatres, Minstrels, Opera, or Concert (one month) per month $20.00 $20.00 Specific Business Rates Theatres, Minstrels, Opera, or Concert (quarter year) per quarter $20.00 $20.00 Specific Business Rates Circus, Caravan, Menagerie or side show per day $150.00 $150.00 Specific Business Rates Parading per day $75.00 $75.00
Specific Business Rates Carnivals plus $25.00 per day per ferris wheel $150.00 $150.00 Specific Business Rates Fortune Telling, Palmistry per day $25.00 $25.00 Specific Business Rates Boxing and Sporting Matches per match $10.00 $10.00 Specific Business Rates Shooting Gallery per quarter per table, alley, or lane $5.00 $5.00 Specific Business Rates Billiards, Pool Tables, Bowling $5.00 $5.00 Specific Business Rates Dances per dance $10.00 $10.00
Specific Business Rates Hotels (not more than 15 bedrooms) per quarter $15.00 $15.00 Specific Business Rates Hotels (16-25 bedrooms) per quarter $20.00 $20.00 Specific Business Rates Hotels (more than 25 bedrooms) per quarter $2.50 $2.50 Specific Business Rates Rooming House (no more than 5 furnished rooms) per quarter $5.00 $5.00 Specific Business Rates Rooming House (6-25 furnished rooms) per quarter $10.00 $10.00 Specific Business Rates Rooming House (More than 25 furnished rooms) per quarter $10.00 $10.00 Specific Business Rates Brokerage Business per quarter $5.00 $5.00 Specific Business Rates Rent and Debt Collector per quarter $10.00 $10.00 Specific Business Rates Attorneys at law per quarter $10.00 $10.00 Specific Business Rates Physician or Surgeon per quarter $10.00 $10.00 Specific Business Rates Dentists per quarter $10.00 $10.00 Specific Business Rates Undertakers per quarter $10.00 $10.00 Specific Business Rates Service Station based upon
gross sales
based upon
gross sales
Specific Business Rates Sale of Motor Vehicles per quarter $100.00 $100.00 CPI Increase Oct 2021 to Oct 2022
Finance
Fee Group Fee Description Unit Notes x Original Fee
No CPI applied
to fees
Specific Business Rates Auctions per day $25.00 $25.00
Specific Business Rates Auctioneer for hire per day $3.00 $3.00 Specific Business Rates Garages based upon
gross sales
based upon
gross sales
Specific Business Rates Printers per quarter $10.00 $10.00 Specific Business Rates Handbill Distributers per quarter $10.00 $10.00 Specific Business Rates Peddlers per day $60.00 $60.00
Specific Business Rates Horned Toad Derby Temporary Business License per day $25.00 $25.00 Specific Business Rates Vending of Musical Instruments per quarter $25.00 $25.00 Specific Business Rates Pawn Shops per quarter $25.00 $25.00 Specific Business Rates Freight Business per quarter per vehicle $5.00 $5.00 Specific Business Rates Barber and Beauty Shops per quarter per chair $5.00 $5.00 Specific Business Rates House Movers per house $20.00 $20.00 Specific Business Rates Hospitals (for profit) per quarter $7.50 $7.50 Specific Business Rates Hospitals (not-for-profit) exempt $0.00 Specific Business Rates Shore Repair per quarter $2.50 $2.50 Specific Business Rates Tailoring per quarter $2.50 $2.50 Specific Business Rates Soliciting of Pictures per year $100.00 $100.00 Specific Business Rates Public Utility Company per quarter $5.00 $5.00 Specific Business Rates Contractors per year $50.00 $50.00 Specific Business Rates Gaming Establishments (gaming tables) per quarter per table $25.00 $25.00 Specific Business Rates Gaming Establishments (slot machines) per quarter per machine $25.00 $25.00 Delinquent Account Fees (utilities) Late Fee Minimum Fee $2.50 5% per month 5% per month
Delinquent Account Fees (utilities) Shut-Off Notice Process Fee $10.00 $10.00 Delinquent Account Fees (utilities) Reconnection Fee During Business Hours request before 2pm $60.00 $60.00 Delinquent Account Fees (utilities) Reconnection Fee After Business Hours request after 2pm $150.00 $150.00 Delinquent Account Fees (utilities) Meter Tampering Fee $300.00 $300.00 Delinquent Account Fees (utilities) Unauthorized Connection Fee $300.00 $300.00 Delinquent Account Fees (utilities) Return check Fee $25.00 $25.00 Delinquent Account Fees (utilities) Missed Appointment Fee After Second Time $20.00 $20.00 Credit Card pass thru $2.95 $2.95
CPI Increase Oct 2021 to Oct 2022
Fire
Fee Group Fee Description Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Fire Plan Check Fees Fire Hood / Duct Plan Check and Inspection Fee $299.00 $311.00 $320.00 $324.00 $336.00 $356.00 Fire Plan Check Fees Fire Alarm Plan Check and Inspection (+ Device) $358.00 $372.00 $383.00 $387.00 $402.00 $426.00 Fire Plan Check Fees Per Device $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 Fire Plan Check Fees Fire Sprinkler Plan Check and Inspection - NFPA 13D Systems $358.00 $372.00 $383.00 $387.00 $402.00 $426.00 Fire Plan Check Fees Fire Sprinkler Plan Check and Inspection - NFPA 13D Subdivision (per model) $239.00 $248.00 $256.00 $259.00 $269.00 $285.00 Fire Plan Check Fees Fire Sprinkler Plan Check and Inspection - NFPA 13D Subdivision (per permit) $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Plan Check Fees Fire Sprinkler Plan Check and Inspection NFPA 13 or 13R Systems (Base Fee + Number Heads + Floor/Riser) $437.00 $454.00 $468.00 $473.00 $491.00 $521.00 Fire Plan Check Fees Heads 1-99 $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Plan Check Fees Heads 100-199 $239.00 $248.00 $256.00 $259.00 $269.00 $285.00 Fire Plan Check Fees Heads 200 or more (Each additional head over 199 + 199 Head Fee) $0.50 $0.52 $0.54 $0.54 $0.56 $0.60
Fire Plan Check Fees Each Floor / Riser over 1 $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Plan Check Fees Fire Plan Check Fee NA NA NA NA NA $220.00 Fire Plan Check Fees Fire Plan Check Fee for Inspections for NFPA 13 or 13R Systems NA NA NA NA NA $272.00 Fire Plan Check Fees Stationary Fire Pump $478.00 $497.00 $512.00 $518.00 $537.00 $570.00 Fire Plan Check Fees Site Plan Review $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Plan Check Fees Fire Main, 3 or less Hydrants $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Fire Plan Check Fees Fire Main, 4 or more Hydrants (Base Fee + per hydrant $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Fire Plan Check Fees Per Hydrant over 3 $59.00 $62.00 $64.00 $65.00 $67.00 $71.00 Fire Plan Check Fees Deferred Submittal Request $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Plan Check Fees Spray Booth / Paint Room (Not including Fire Prot) System) $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Plan Check Fees Re-Submittal Fee (Each, after First resubmittal or After plan approval) $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Tenant Improvements (TI) Tenant Improvements Sprinkler Plan Check - Install or Relocate 7 Heads or more $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Tenant Improvements (TI) Tenant Improvements Sprinkler Plan Check - Install or Relocate Less than 7 Heads $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Tenant Improvements (TI) Onsite Sprinkler or Hydrant Mains Flush and Pressure Check (Underground System) $89.00 $93.00 $96.00 $97.00 $101.00 $107.00 Tenant Improvements (TI) Overhead System Pressure Test $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Tenant Improvements (TI) 5 Year Certification Sprinkler Test $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Tenant Improvements (TI) US - Antifreeze System $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Tenant Improvements (TI) US - Foam Systems $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Tenant Improvements (TI) US - Fire Pump $358.00 $373.00 $384.00 $388.00 $403.00 $427.00 Tenant Improvements (TI) US - Medical Gas $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Tenant Improvements (TI) Fire Standpipe System $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Code Enforcement Inspections Commercial Annual Fire Inspection NA NA NA NA $109.00 $115.00 CPI Increase Oct 2021 to Oct 2022
Fire
Fee Group Fee Description Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Fire Code Enforcement Inspections Non Compliant Citation - Fire Code, Building Code, or Municipal Code (First Citation) $100.00 $104.00 $107.00 $108.00 $112.00 $119.00 Fire Code Enforcement Inspections Non Compliant Citation - Fire Code, Building Code, or Municipal Code (Second Citation) $500.00 $520.00 $536.00 $542.00 $563.00 $596.00 Fire Code Enforcement Inspections Non Compliant Citation - Fire Code, Building Code, or Municipal Code (Third Citation) $1,000.00 $1,039.00 $1,070.00 $1,082.00 $1,123.00 $1,191.00 Fire Code Enforcement Inspections False Alarm Response (First) no charge no charge no charge no charge no charge no charge Fire Code Enforcement Inspections False Alarm Response (Second) no charge no charge no charge no charge no charge no charge Fire Code Enforcement Inspections False Alarm Response (Third) $100.00 $104.00 $107.00 $108.00 $112.00 $119.00 Fire Code Enforcement Inspections False Alarm Response (Fourth) $200.00 $208.00 $214.00 $216.00 $225.00 $238.00 Fire Code Enforcement Inspections False Alarm Response (Fifth) $400.00 $416.00 $429.00 $434.00 $450.00 $477.00 Fire Code Enforcement Inspections State Mandated 850 Inspection for Licensing and Certification (per hour - 3/4 Hour minimum) $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Code Enforcement Inspections Fire Report $15.00 $16.00 $16.00 $16.00 $17.00 $18.00 Fire Code Enforcement Inspections Hydrant Testing, Inspect and Flow $105.00 $110.00 $113.00 $114.00 $119.00 $126.00 Fire Code Enforcement Inspections Special Hazard Use Permit $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Code Enforcement Inspections Tank Installation/Removal Permit $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Fire Code Enforcement Inspections Tank Plan Review $239.00 $249.00 $257.00 $260.00 $270.00 $286.00 Fire Code Enforcement Inspections Tents, Canopies, or Temporary Membrane Structures $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Code Enforcement Inspections Burn Permit no charge no charge no charge no charge no charge no charge Fire Code Enforcement Inspections Permitted Control Burn Escape Response A/C A/C A/C A/C A/C A/C Fire Code Enforcement Inspections Illegal Burn Charges A/C A/C A/C A/C A/C A/C Fire Code Enforcement Inspections Right-of-way Clean Up A/C A/C A/C A/C A/C A/C Fire Code Enforcement Inspections Fireworks Stand Permit and Inspection $132.00 $137.00 $141.00 $143.00 $148.00 $157.00 Fire Code Enforcement Inspections Public Fireworks Display Permit $132.00 $137.00 $141.00 $143.00 $148.00 $157.00 Fire Code Enforcement Inspections Public Fireworks Display Engine Company Standby A/C A/C A/C A/C A/C A/C Fire Code Enforcement Inspections Carnivals/Fairs Permit and Inspection $358.00 $373.00 $384.00 $388.00 $403.00 $427.00 Fire Code Enforcement Inspections Special Event $29.00 $30.00 $31.00 $31.00 $50.00 $50.00 Fire Code Enforcement Inspections Bonfire Permit and Inspection $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Fire Code Enforcement Inspections Haunted Houses $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Court Appearance or Deposition Fee for Civil Case Appearance (Actual Cost) A/C A/C A/C A/C A/C A/C Legal Processing Fee Fee for Civil Case Subpoena of Records, whether records found or not (per Hour, 15 Minute Increments) $38.00 $40.00 $41.00 $41.00 $43.00 $46.00 Legal Processing Fee Copy per page (.10) $0.10 $0.10 $0.10 $0.10 $0.10 $0.10 Legal Processing Fee Postage (Actual Cost) A/C A/C A/C A/C A/C A/C Other Plan Check / Inspection Per Hour $119.00 $124.00 $128.00 $129.00 $134.00 $142.00 Inspection Fee Overtime Inspection / Review - After normal business hours (2 hour minimum) $179.00 $186.00 $192.00 $194.00 $202.00 $214.00 Fire Code Enforcement Citation - First Violation of Fire Code, Building Code, or Municipal Code $100.00 $104.00 $107.00 $108.00 $112.00 $119.00
Fire Code Enforcement Citation - Second Violation of Fire Code, Building Code, or Municipal Code $500.00 $520.00 $536.00 $542.00 $563.00 $596.00 CPI Increase Oct 2021 to Oct 2022
Fire
Fee Group Fee Description Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Fire Code Enforcement Citation - Third Violation of Fire Code, Building Code, or Municipal Code $1,000.00 $1,039.00 $1,070.00 $1,082.00 $1,123.00 $1,191.00 File Search Providing Research, Etc (30 Minute Minimum) $38.00 $40.00 $41.00 $41.00 $43.00 $46.00 File Search Copy per page (.10) $0.10 $0.10 $0.10 $0.10 $0.10 $0.10 CPI Increase Oct 2021 to Oct 2022
Cannabis
Fee Description Unit Notes
Original Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.8% 6.0%
Pre-Application per application $525.00 $545.00 $578.00 Regulatory Permit Application per application $2,744.00 $2,849.00 $3,020.00 Annual Commercial Cannabis Regulatory Permit (All Types) per permit Annual fee charged per permit $8,576.00 $8,904.00 $9,438.00 Annual Commercial Cannabis Regulatory Permit - Cultivation per permit additional fee per 20,000 canopy sq. ft. increment (indoor/outdoor) $329.00 $342.00 $363.00
Annual Regulatory Permit Renewal per application $406.00 $422.00 $447.00 Employee Permit - Background and Livescan per employee $606.00 $629.00 $667.00 Employee Permit Renewal per employee $43.00 $45.00 $48.00 Employee Badge Replacement per employee $29.00 $30.00 $32.00 Employee Transfer per employee $29.00 $30.00 $32.00
Ink Fingerprint Rolling per owner $44.00 $46.00 $49.00
Livescan Rolling per owner $55.00 $57.00 $60.00
Livescan Processing Renewal per owner $29.00 $30.00 $32.00 CPI Increase Oct 2021 to Oct 2022
Planning
Fee Group Fee Description Unit Notes x
Original
Fee
CPI Increased
Fee 2019
CPI Increased
Fee 2020
CPI Increased
Fee 2021
CPI Increased
Fee 2022
CPI Increased
Fee 2023
3.9% 3.0% 1.1% 3.8% 6.0%
Determination of Unspecified Uses Deposit, plus A/C $615.00 $639.00 $658.00 $665.00 $691.00 $732.00 Zone Text Amendments Deposit, plus A/C $1,258.00 $1,307.00 $1,347.00 $1,362.00 $1,414.00 $1,499.00 Re-Zoning Deposit, plus A/C $1,969.00 $2,047.00 $2,109.00 $2,132.00 $2,214.00 $2,347.00 Conditional Use Permit Deposit, plus A/C $1,767.00 $1,836.00 $1,892.00 $1,913.00 $1,986.00 $2,105.00 Home Occupation Permits Deposit, plus A/C $110.00 $115.00 $118.00 $119.00 $124.00 $131.00 Variance Deposit, plus A/C $516.00 $537.00 $553.00 $559.00 $580.00 $615.00 Modification/Revocation of Conditional Use Permit/Variance Deposit, plus A/C $1,220.00 $1,268.00 $1,306.00 $1,320.00 $1,371.00 $1,453.00 Minor Deviations to Ordinance/Standards Deposit, plus A/C $279.00 $290.00 $299.00 $302.00 $314.00 $333.00 Site Plan Review Deposit, plus A/C $1,227.00 $1,276.00 $1,315.00 $1,330.00 $1,380.00 $1,463.00 Tentative Subdivision Map Deposit, plus A/C $1,465.00 $1,522.00 $1,568.00 $1,585.00 $1,646.00 $1,745.00 Revised Tentative Subdivision Map Deposit, plus A/C $1,039.00 $1,080.00 $1,113.00 $1,125.00 $1,168.00 $1,238.00 Final Map Deposit, plus A/C $696.00 $724.00 $746.00 $754.00 $783.00 $830.00 Revised Final Map Deposit, plus A/C $390.00 $405.00 $417.00 $422.00 $438.00 $464.00 Tentative Parcel Map Deposit, plus A/C $1,032.00 $1,073.00 $1,105.00 $1,117.00 $1,160.00 $1,229.00 Revision to Acreage Map Deposit, plus A/C $318.00 $331.00 $341.00 $345.00 $358.00 $379.00 Parcel Map Waiver Deposit, plus A/C $486.00 $505.00 $520.00 $526.00 $546.00 $579.00 Lot Line Adjustment Deposit, plus A/C $390.00 $406.00 $418.00 $423.00 $439.00 $465.00 Certificate of Compliance Deposit, plus A/C $177.00 $185.00 $191.00 $193.00 $200.00 $213.00 General Plan Amendments Deposit, plus A/C $1,930.00 $2,005.00 $2,066.00 $2,089.00 $2,169.00 $2,299.00 Annexation Deposit, plus A/C $2,522.00 $2,621.00 $2,700.00 $2,730.00 $2,834.00 $3,004.00 Appeal Decision of Planning Director Deposit, plus A/C $259.00 $269.00 $277.00 $280.00 $291.00 $308.00 Temporary Use Permit Deposit, plus A/C $197.00 $205.00 $211.00 $213.00 $221.00 $235.00 Sign Permit $78.00 $82.00 $84.00 $85.00 $88.00 $93.00
General Plan Colored Map $21.00 $23.00 $24.00 $24.00 $25.00 $27.00 Contract Environmental Documentation & Master Plans of Contract Amount 24% 24% 24% 24% 24% 24% Zoning Map $13.00 $14.00 $14.00 $14.00 $15.00 $16.00
Environmental Documents - Public Review $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 City standards and Specifications $13.00 $14.00 $14.00 $14.00 $15.00 $16.00 Misc. Copies per page $0.25 $0.26 $0.27 $0.27 $0.28 $0.30 Non-Conforming Use Letter $132.00 $138.00 $142.00 $144.00 $0.10 $0.10 Improvement Engineering, Plan Checking
and Construction Inspection Fees. First $70.000 of estimated improvement fees % of Impr. Cost 6% 6% 6% 6% 6% 7%
Improvement Engineering, Plan Checking
and Construction Inspection Fees. Next $430,000 of estimated improvement cost % of Impr. Cost 4% 4% 4% 4% 4% 4%
Improvement Engineering, Plan Checking
and Construction Inspection Fees. Next $500,000 of estimated improvement cost % of Impr. Cost 2% 2% 2% 2% 2% 2%
Improvement Engineering, Plan Checking
and Construction Inspection Fees. Over $1,000,000 of estimated improvement cost % of Impr. Cost 1% 1% 1% 1% 1% 1%
Zoning Certification per hour Reimbursed at hourly
rate
$68.00 $71.00 $73.00 $74.00 $77.00 $81.00
Environmental Review (Notice of Exemption) $136.00 $142.00 $146.00 $148.00 $153.00 $162.00 Environmental Review (ND/MND/EIR) $646.00 $672.00 $692.00 $700.00 $726.00 $770.00 Environmental Review (ND/MND/EIR) Contract Administrative Fee
of Contract Amount 15% 15% 15% 15% 15% 15%
CPI Increase Oct 2021 to Oct 2022
Planning
Fee Group Fee Description Unit Notes x
Original
Fee
CPI Increased
Fee 2019
CPI Increased
Fee 2020
CPI Increased
Fee 2021
CPI Increased
Fee 2022
CPI Increased
Fee 2023
3.9% 3.0% 1.1% 3.8% 6.0%
Master Sign Permit $248.00 $258.00 $266.00 $269.00 $279.00 $296.00 Second Residential Unit $130.00 $135.00 $139.00 $141.00 $146.00 $155.00 Landscape Plan Check 15% of Contract Cost $100.00 $104.00 $107.00 $108.00 $112.00 $119.00 Development Agreements Plus Actual Cost $493.00 $513.00 $529.00 $535.00 $555.00 $589.00 Revised Parcel Map Plus Actual Cost $562.00 $585.00 $603.00 $610.00 $633.00 $671.00 Residential Plot Plan Review $41.00 $43.00 $44.00 $44.00 $46.00 $49.00 Administrative Site Plan Review Plus Actual Cost $493.00 $513.00 $529.00 $535.00 $555.00 $589.00 General Plan Conformity Finding $248.00 $258.00 $266.00 $269.00 $279.00 $296.00 Density Bonus $137.00 $143.00 $147.00 $149.00 $154.00 $164.00 Tentative Subdivision Map (Condominium) Plus Actual Cost $1,223.00 $1,272.00 $1,311.00 $1,325.00 $1,376.00 $1,459.00 Notes:
Deposits determined by department based on scope of work CPI Increase Oct 2021 to Oct 2022
Police
Fee Group Fee Description x Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Vehicle Release $44.00 $46.00 $47.00 $48.00 $49.00 $52.00 Clearance Letter $48.00 $50.00 $52.00 $53.00 $55.00 $58.00 Repo Administrative Fee $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 Fingerprints $15.00 $16.00 $16.00 $16.00 $17.00 $18.00
Copy of Citation $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 DUI Recovery $102.00 $106.00 $109.00 $110.00 $114.00 $121.00 Copy of Report $48.00 $50.00 $52.00 $53.00 $55.00 $58.00 Bicycle License Renewal $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 Bicycle License 3 Years $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 Copy of Report $48.00 $50.00 $52.00 $53.00 $55.00 $58.00 Copy of Photos $53.00 $55.00 $57.00 $58.00 $60.00 $63.00 DOJ Livescan Fee $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 DOJ & FBI Livescan Fee $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 Other Livescan Fees $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 Livescan Rolling Fee $26.00 $27.00 $28.00 $28.00 $29.00 $31.00 CCW Permit $85.00 $88.00 $91.00 $92.00 $96.00 $101.00
CCW Renewal & Additions $85.00 $88.00 $91.00 $92.00 $96.00 $101.00 Code Enforcement Abatement Administrative Fee $144.00 $150.00 $155.00 $157.00 $163.00 $172.00 Animals Redemption Fee: Spayed/Neutered/Microchipped $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Animals Redemption Fee: Sprayed/Neutered $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Animals Redemption Fee: Unfixed $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 Animals Redemption Fee: Un-License Animal $12.50 $12.50 $12.50 $12.50 $12.50 $12.50 Animals Pick-up Fee $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 Animals Cat Trap Rental (with signed Rental Agreement for each rental) $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 Animals Animal License Fee: Spayed/Neutered/Microchipped $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Animals Animal License Fee: Sprayed/Neutered $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Animals Animal License Fee: Unfixed $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 Animals Dog License Fee (un-spayed or un-neutered) $12.50 $12.50 $12.50 $12.50 $12.50 $12.50 Animals Dog License Fee (spayed or neutered) $6.25 $6.25 $6.25 $6.25 $6.25 $6.25 Animals Boarding Fees per day (Dog) $5.00 $5.00 $5.00 $5.00 $6.25 $6.25 Animals Boarding Fees per day (Cat) $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 Animals Adoption Fee (Dog) $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 Animals Adoption Fee (Cat) $4.50 $4.50 $4.50 $4.50 $4.50 $4.50 Animals Replace Tags $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 Animals Euthanasia Fee $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 Animals Second Time Redemption Fee: Spayed/Neutered/Microchipped $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 Animals Second Time Redemption Fee: Sprayed/Neutered $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 Animals Second Time Redemption Fee: Unfixed $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 CPI Increase Oct 2021 to Oct 2022
Police
Fee Group Fee Description x Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Animals Third Time Redemption Fee: Spayed/Neutered/Microchipped $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 Animals Third Time Redemption Fee: Sprayed/Neutered $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 Animals Third Time Redemption Fee: Unfixed $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 CPI Increase Oct 2021 to Oct 2022
Public Works
Fee Group Fee Description Unit Notes x Original Fee
CPI Increased Fee
2019
CPI Increased Fee
2020
CPI Increased Fee
2021
CPI Increased Fee
2022
CPI Increased Fee
2023
3.9% 3.0% 1.1% 3.8% 6.0%
Public Works Downtown Banner Installation Fee per banner Bucket truck and two workers needed for installation $115.00 $119.00 $124.00 $125.00 $130.00 $138.00 Public Works Special Request Waiver Form - Residential Event per form Usually only 2 locations to block off or up to 10 barricades $115.00 $119.00 $124.00 $125.00 $130.00 $138.00 Special Request Waiver Form - Organization/Group
Sponsor Event
per form 4 locations to block off or up to 30 barricades $230.00 $239.00 $248.00 $251.00 $260.00 $276.00 Building Permit Issuance
Fees
Encroachment Permit $66.00 $69.00 $72.00 $73.00 $76.00 $80.00 CPI Increase Oct 2021 to Oct 2022
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Code Enforcement Monthly Report for December 2022 Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo
Prepared by: Yaneth Ibarra, Code Enforcement Officer
I. RECOMMENDATION:
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
December_Report_2022.pdf Code Enforcement Report December 2022 December 2022 Notices Pending Cited Completed
Broken Fence
Broken Window
Dead Trees 1 1 1
Fence +6ft
Furniture
Grafitti
In-Op Vehicles 5 1 4
Junk Trash Debris 9 1 2 6
Mud Spill
Over Grown Weeds
Over Hanging Palm Trees
Pool Maintance
Roosters and Chickens 1 1
RV on the street 2 2
RV on Unimproved Surface 1 1
Junk Alley 4 1 3
Trash Cans in front of yard
Vehicles on Lawn 10 3 2 5
Vehicle Abatement
Vehicles on Unimproved Surface 8 2 1 5
Unlicensed Business
Utility Trailer on Lawn 2 1 1
Weeds & Bushes 1 1 1
Total 44 9 8 29
72 Hour Parking Warning 9 1 6 6
Vehicle Tows 1
Water Conservation
Code Enforcement Activity
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Code Enforcement Monthly Report for January 2023 Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo
Prepared by: Yaneth Ibarra, Code Enforcement Officer
I. RECOMMENDATION:
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
January_Report_2023.pdf Code Enforcement Report - January 2023 January 2023 Notices Pending Cited Completed
Accumulation of Vehicles 1 1
Broken Fence 8 4 3 1
Dead Trees 2 1 1
Dogs running at large 1 1
Grafitti 2 1 1
In-Op Vehicles
Junk Trash Debris 15 1 5 9
Leaves on the curb 1 1
Over Grown Weeds
Over Hanging Palm Trees 3 3
Roosters and Chickens 1 1
RV on the street
RV on Unimproved Surface
Junk Alley 3 2 1
Trash Cans in front of yard
Vehicles on Lawn 8 2 3 3
Vehicle Abatement
Vehicles on Unimproved Surface 2 1 1
Unlicensed Business
Utility Trailer on Lawn
Weeds & Bushes 1 1 1
Total 48 12 16 21
72 Hour Parking Warning 11 2 14 9
Vehicle Tows 2 2
Water Conservation
Code Enforcement Activity
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Discussion, Direction and PotentialAction regarding Past Due Cannabis Tax Payments
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
This item was requested as a Future Agenda Item by Councilman Hedgecock who asked for information on cannabis revenue. There is no staff recommendation. Staff is seeking direction from the Council on how to proceed.
II. BACKGROUND:
There are 8 cannabis permit holders within the City of Coalinga that pay cannabis taxes.
On October 6, 2022, Council received a staff report stating there were 7 active cannabis permit holders and that 3 were current on their tax payments and 4 were past due. Two (2) were past due since April 1, 2022, and 2 were past due since July 1, 2022. At that time, the past due amount owed to the City of Coalinga was $183,185.75 for FiscalYear 2022 and $214,385.75 for FiscalYear 2023 (our current FiscalYear. In addition to those amounts, one of the past due permit holders pays taxes based on gross receipts rather than square footage so the City could not calculate that additionalamount owed.
III. DISCUSSION:
Currently, we have 8 cannabis permit holders within the City of Coalinga. Those permit holders are:
California State Distribution, Claremont Capital Partners, Coalinga Retail Partners, LLC, High Times Coalinga LLC, Hikoa, Inc, Next Green Wave LLC (2), and Yerba Buena Logistics, LLC.
While individual tax information is not public information, staff would like to inform the Council that the total amount owed to the City in cannabis tax revenue, that is currently past due, is $762,163.25 plus an additional amount that is undetermined as it is based on gross receipts from FiscalYear 2023 Quarters 2, 3 and 4, which staff estimates to be approximately $137,634 totaling approximately $900,000.
Additionally, late fees are owed.
One permit holder is paid up to date and the other seven (7) are past due.
Staff has sent courtesy reminder notifications to the permit holders and has even set up payment arrangements, as requested by some, but they have not followed through by paying as agreed.
At this point, staff is seeking direction on how to proceed.
Options include:
1. Do nothing and continue to wait for payment while assessing late penalties;
2. Sue them;
3. Revoke their permit to operate; or
4. A combination of options 1-3.
If option 2 is included, the suggestion would be to bring back in closed session rather than discussing publicly.
IV. ALTERNATIVES:
Options include:
1. Do nothing and continue to wait for payment while assessing late penalties;
2. Sue them;
3. Revoke their permit to operate; or
4. A combination of options 1-3.
V. FISCAL IMPACT:
The estimated revenue loss to the City's General Fund is $900,000 to date plus late fees.
ATTACHMENTS:
File Name Description
NoAttachments Available
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Adopt Resolution No. 4138 Approving and Reestablishing the Transparency and Accountability Committees Act and Discussion, Direction and PotentialAction regarding the Appointment of Council Members to Serve on Committees Established by the Transparency and Accountability Committees Act and to Direct Staff to Post Notices to Inform the Public of the Vacancies to be Filled by Members of the Community
Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
This item was requested as a Future Agenda Item by Councilman Vosurg.
II. BACKGROUND:
On June 5, 2018, the City Counciladopted Resolution No. 3828 approving and establishing the Transparency and Accountability Committees Act establishing the following committees:
Public Safety
City Beautification and Code Enforcement
Sales Tax Revenue, Expenses and Finance
Cannabis
Animal Control
Economic Development
Resolution No. 4138 also adds a committee for Water.
Committees are made up of 5 to 7 members consisting of 2 City Council Members, 2 Members of the Public, and staff assigned by the City Manager.
Appointments shall be made for a one year period, after which, the City Council shall re-evaluate their approval of the Transparency and Accountability Committees Act and make new appointments.
Appointed Community Members must reside within Coalinga City limits.
The Committees shall meet at City Hallat times and dates established by the Committee Chair and City staff and be open to the public.
Each Committee shall select a Committee Chair and a Committee Clerk.
Committee Chairs shall be responsible for communicating recommendations back to the City Council for possible action, as wellas producing and presenting quarterly informational reports to the City Council.
Committee Clerks shall be responsible for preparing Committee agendas, taking minutes at the meetings, and for all posting requirements.
III. DISCUSSION:
This item on the agenda asks Counciladopt the Resolution as written, or make changes to it, and to appoint 2 Council Members to each of the following Committees approved.
Staff would also suggest advertising the Community Member vacancies to the public to solicit applications.
IV. ALTERNATIVES:
V. FISCAL IMPACT:
None.
ATTACHMENTS:
File Name Description
RESO#4138_Reestablishing_Transparency_Accountability_Committees_021623.pdf Resolution as Exhibit RESOLUTION NO. 4138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA APPROVING
AND REESTABLISHING THE TRANSPARENCY AND ACCOUNTABILITY
COMMITTEES ACT
WHEREAS, The City Council of the Coalinga has deemed it necessary to reestablish committees for the purpose of Transparency and Accountability.
WHEREAS, the City Council of the City of Coalinga desires to reestablish committees that will be appointed by the City Council, such committees shall give recommendations to the City Council.
WHEREAS, the City Council of the Coalinga has the ability to appoint and remove committees, Chairs of the committees, and City Council members and Community Members of those committees by way of a majority vote of the Coalinga City Council at a Council Meeting.
WHEREAS, the City Council of the Coalinga by way of majority vote at a Council meeting may authorize the goals and objectives for each committee.
WHEREAS, the committees will meet at City Hall at times and dates established by the committee Chair and City Staff.
WHEREAS, the committee meetings shall be open to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Coalinga, State of California hereby reestablishes the following committees:
• Public Safety • Cannabis
• City Beautification and Code Enforcement • Animal Control • Sales Tax Revenue, Expenses and Finance • Economic Development • Water
Committees shall consist of two Council Members and two Community Members appointed by City Council and City Staff appointed by the City Manager.
BE IT FURTHER RESOLVED that each committee created shall be made up of five to seven members, consisting of members of the Coalinga City Council, City Staff, and the Public.
BE IT FURTHER RESOLVED that the committees listed above shall produce quarterly informational reports to the Coalinga City Council.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Coalinga this 16th day of February, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
____________________________________
James Horn, Mayor
ATTEST:
____________________________________
City Clerk / Deputy City Clerk
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Discussion, Direction and PotentialAction regarding Council Rules of Procedure Meeting Date: Thursday, February 16, 2023
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:
There is no staff recommendation. This item was requested as a Future Agenda Item by Mayor Horn.
II. BACKGROUND:
III. DISCUSSION:
This item allows Council to review and make changes to the Council Rules of Procedure, commonly referred to as the Code of Conduct.
IV. ALTERNATIVES:
V. FISCAL IMPACT:
None.
ATTACHMENTS:
File Name Description
FINAL_Coalinga_City_Council_Rules_of_Procedure_FINAL_080218_(1).pdf Rules of Procedure
CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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Decorum of City Council Members
1. Council Members shall:
a. put constituents first at all times;
b. treat each other, Staff, and the Public with dignity, courtesy, and respect; c. value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation;
d. follow through on commitments and be accountable to each other; e. clarify when items are discussed in confidence and maintain appropriate confidentiality;
f. be attentive to others, limiting interruptions and distractions; g. encourage dissent in debate while being mindful not to prolong discourse or block consensus;
h. be candid with each other about ideas and feelings, and resolve conflicts directly;
i. keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves;
j. continuously strive to improve how members work as a team; k. place clear and realistic demands on staff resources and time when requesting action;
l. start and end meetings on time, work from an agenda, and be present, attentive, and prepared;
m. present problems in a way that promotes discussion and resolution; n. continually work to build trust in each other;
o. treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments at all times, including but not limited to Council Meetings, social media, and public events;
p. be fair, impartial, and unbiased when voting on quasi-judicial actions; q. move to require the Mayor to enforce these Rules, and the Mayor shall do so upon an affirmative vote of a majority of the Council Members present; r. preserve order and decorum during the meeting;
s. not delay or interrupt the proceedings or the peace of the council, nor disturb any council member while speaking, by conversation or otherwise; t. prohibit disclosure of confidential communications and authorize public censure for failure to comply;
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u. support the Rules established by the Council; and
v. abide by these Rules in conducting the business of the City of Coalinga. w. value each other’s time;
x. attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority;
y. have the right to dissent from, protest, or comment upon any action of the Council;
z. respect each other’s opportunity to speak and, if necessary, agree to disagree;
aa. avoid offensive negative comments and shall practice civility and decorum during discussions and debate; and
bb. assist the Mayor’s exercise of the affirmative duty to maintain order. cc. speak to the City Manager directly on issues and concerns but not give individual direction;
dd. treat staff professionally and refrain from publicly criticizing individual employees;
ee. avoid involvement in personnel issues except during Council closed sessions regarding council-appointed staff such as the City Manager and City Attorney, including hiring, firing, promoting, disciplining, and other personnel matters;
ff. discuss directly with the City Manager and/or City Attorney any displeasure with a department or Staff; and
gg. request answers to questions on agenda items from the City Manager, City Attorney, City Clerk, City Treasurer, Department Directors, or Division Managers prior to the meeting whenever possible.
Decorum of City Staff
1. City Staff shall:
a. prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule; b. be available for questions from Council Members in accordance with the Brown Act prior to and during meetings;
c. respond to questions from the public during meetings only when requested to do so by Council Members or the City Manager;
d. refrain from arguing with the Public or Council Members; and e. switch any electronic equipment such as pagers and cellular telephones to
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silent, airplane mode or off during Council meetings.
f. remain objective on issues and should not be advocates for issues unless so directed by the City Manager.
Decorum of the Public
1. Members of the public attending Council meetings shall observe the same rules and decorum applicable to the Council Members and staff as noted above.
2. Members of the public attending Council meetings shall not bring food items into the Council Chambers. Water is okay so long as the container it is in has a closed top.
3. No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior, nor shall any person engage in conduct that disturbs the orderly conduct of the Council meeting. Examples of disorderly conduct include, but are not limited to, feet-stamping, whistling, yelling or shouting, organized silent demonstrations, physically threatening conduct, name calling, cursing, and similar demonstrations.
4. The Mayor shall request that a person who is breaching the rules of decorum cease the conduct. If the person does not cease the conduct immediately, the Mayor may declare that person to be in disorder as a result of their conduct and order the person to leave the Council meeting. The Coalinga Police Department shall assist the Mayor in enforcing the rules of decorum, including removing disorderly persons upon order of the Mayor.
5. Lobbyists shall identify themselves and the client(s), business, or organization they represent before speaking to the Council.
Addressing the Council
1. Purpose of Citizen Comments. During City Council meetings, the City provides opportunities for the public to address the Council as a whole in order to listen to the public’s opinions regarding unagendized matters within the subject matter jurisdiction of the City
a. Citizen comments should not be addressed to individual Council Members nor to City Officials, but rather to the Council as a whole regarding city business. b. While members of the public may speak their opinions on City business, personal attacks on Council Members and City Officials, use of swear words, and signs or displays of disrespect for individuals are discouraged as they impede good communication with the Council.
c. Consistent with the Brown Act, the public comment periods on the agenda are not intended to be “Question and Answer” periods or conversations with the Council and City Officials. The limited circumstances under which members
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may respond to public comments as set out in Rule 8.D.2. d. Members of the public with questions concerning Consent Calendar items may contact the Staff person who provided the report prior to the meeting to reduce the need for discussion of Consent Calendar items and to better respond to the public’s questions.
e. During Discussion items, the Mayor may stop a member of the public whose comments are not confined to the agendized item being heard.
2. Speaker time limits. In the interest of facilitating the Council’s conduct of City business, the following time limits apply to members of the public (speakers) who wish to address the council during the meeting.
a. Matters not on the agenda. Three minutes per speaker. b. Consent Calendar items. The Consent Calendar is considered a single item, and speakers are therefore subject to the three-minute time limit for the entire Consent Calendar. Consent Calendar items can be pulled at a Council Member’s request and will be considered individually, with up to three minutes of public comment per speaker.
c. Discussion Calendar items. Three minutes per speaker. d. Time limits per meeting.
(i) Each speaker shall limit his/her remarks to the specified time allotment. (ii) The Mayor shall consistently utilize the timing system. (iii) In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.
Organized groups may choose a single spokesperson who may speak for the group, but with no increase in time.
(iv) Speakers shall not concede any part of their allotted time to another speaker.
(v) The Mayor, with consensus of Council, may further limit, or expand, the time allotted for public comments per speaker or in total for the orderly conduct of the meeting; such limits shall be fairly applied.
Electronic Devices
1. Members of the public shall turn their electronic devices that are capable of emitting sound – including cellular telephones, personal data devices, pagers, digital tablets, laptop computers, etc. – to the off or silent mode during Council meetings.
2. Cameras. Cameras and recording equipment may be used during Council meetings only if:
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a. the devices are silent during use; and
b. the devices are used in a manner and at locations that do not impede walkways or others views of the meeting or disrupt the conduct of the meeting.
Location of Speaker
1. Members of the public shall not approach the dais without the express consent of the Mayor.
2. Members of the public wishing to address the Council must approach the podium when recognized by the Mayor and speak only from the podium.
3. Members of the public should, but are not required, to state their name and address before beginning comments.
MEETING TYPES AND SCHEDULES
Regular Meetings
1. The Council shall meet the first and third Thursday of each month generally beginning at 6:00 p.m. in the City Hall Council Chambers, 155 W. Durian Ave, Coalinga, California, except as otherwise provided in the annually adopted meeting schedule or as otherwise revised by the Council.
2. Whenever possible, Special Workshops shall take place in the Council Chambers.
Adjourned Meetings
As permitted by law, the Council may adjourn any Regular, adjourned Regular, Special, or adjourned Special meeting to a time and place specified in the motion of adjournment.
Any Regular, Adjourned Regular, Special, or Adjourned Special Meeting of the Council may be adjourned to a time and place specified in the order of the adjournment. Less than a quorum may so adjourn from time to time. If all the members of the Council are absent from a Regular or Adjourned Regular Meeting, the City Clerk or Deputy City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally or by mail to each member of the Council, the City Attorney, and to each local newspaper of general circulation and radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twentyfour (24) hours before the time of such meeting as set forth in the notice. A copy of the order or notice of an adjournment shall be conspicuously posted on or near the door of the place where the Regular, Adjourned Regular, Special, Adjourned Special Meeting was held within twenty-four (24) hours after the time of the adjournment.
When a Regular or Adjourned Regular Meeting is adjourned as provided in this
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section, the resulting Adjourned Regular Meeting shall be a Regular Meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the Adjourned Meeting is held, it shall be held at the hour specified for Regular Meetings by ordinance, resolution, law, or other rules.
Special Meetings
A Special Meeting of the City Council may be called at any time by the Mayor, Mayor Pro-Tem, or by a majority of the members of the Council by delivering personally or by mail a written notice to each member of the Council, the City Attorney, and to each local newspaper of general circulation and radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twentyfour (24) hours before the time of such meeting as set forth in the notice. The call and notice shall set forth the time and place of the Special Meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the City Clerk or Deputy City Clerk, a written waiver of the notice. Such waiver may be given by telephone or by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting as the time it convenes.
Emergency Meetings
1. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the legislative body may hold an Emergency Meeting without complying with either the 72-hour or 24-hour notice and posting requirements for Regular and Special Meetings, but shall otherwise comply with the Brown Act procedures generally stated below.
2. Each local newspaper of general circulation and radio or television station that has requested notice of Special Meetings pursuant to the Brown Act, shall be notified by the Mayor of the legislative body, or designee thereof, at least one hour prior to the Emergency Meeting, or in the case of a dire emergency, at or near the time that the Mayor or designee notifies the Council of the Emergency Meeting.
3. This notice shall be given by telephone call to the numbers provided in the most recent request for notification.
4. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the Emergency Meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
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5. During an Emergency Meeting, the legislative body may meet in closed session pursuant to the Brown Act if agreed to by a two-thirds vote of the members present, being not less than four votes of the Council.
6. All Special Meeting requirements in the Brown Act shall be applicable to an Emergency Meeting, with the exception of the 24-hour notice and posting requirement.
7. The minutes of an Emergency Meeting; a list of persons who the Mayor or designee of the Council, notified or attempted to notify; a copy of the roll call vote; and any actions taken at the meeting, shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.
Closed Sessions
1. Closed Sessions generally shall be conducted on the first and third Thursday of every month or during Special Meetings held immediately prior to Regular Meetings.
2. In accordance with the Brown Act, the public may speak regarding any Closed Session item prior to the Closed Session.
3. All Closed Session information, verbal or written, is privileged and confidential and shall not be shared with any person not at the Closed Session. Any Council Member sharing information in violation of this rule may be subject to censure by the Council consistent with the Council’s confidentiality policy then in effect.
4. The City Attorney shall report out in open session any reportable actions that were taken by Council and the vote on such actions in accordance with the Brown Act.
Public Hearings
1. The city clerk shall set Public Hearing dates on all matters that require a notice and Public Hearing before the Council, such as matters received from the planning division and appeals to the Council.
2. Public Hearings will not be withdrawn or continued without the full knowledge and concurrence of the Council Members within whose districts/jurisdiction the issue resides.
3. The Council may refuse to grant a continuance of any Public Hearing unless there is a valid legal reason why the Public Hearing must be continued.
4. Continuances.
a. Any person (applicant, appellant, or designated representative) scheduled for a Public Hearing before the Council:
(i) may obtain one continuance for a period not to exceed the second Regular Meeting after the original scheduled Public Hearing date, as a matter of right, without personally appearing before the Council on
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the scheduled hearing date, provided a written request for the continuance must be delivered to the City Clerk by noon on the day prior to the scheduled Public Hearing. Any person, who has once obtained a continuance by any procedure, may not obtain a subsequent continuance by notifying the City Clerk as provided in this Rule 6.F.a(i).
(ii) who wants to obtain a continuance of the Public Hearing beyond the second Regular Meeting after the original scheduled Public Hearing date, or has not notified the City Clerk as provided in Rule 6.F.4.a(i), may obtain a continuance only by appearing before the Council at the time the original Public Hearing is scheduled and requesting a continuance. This continuance is not a matter of right and will not be granted unless the Council is satisfied that good cause exists for the continuance and that a substantial number of people will not be inconvenienced by such continuance.
(iii) who has once obtained a continuance of a Public Hearing either by notice to the City Clerk per Rule 6.F.4.a(i) or by personal appearance per Rule 6.F.4.a(ii), may obtain a further continuance only by appearing before the Council at the scheduled Public Hearing and satisfying the Council that extraordinary circumstances exist that would justify this second continuance.
(iv) who has twice obtained a continuance of a Public Hearing, may obtain an additional continuance only by appearing before the Council at the scheduled hearing and satisfying the Council that a miscarriage of justice would result from the refusal of the Council to grant a continuance.
b. City Staff may request and upon Council’s approval obtain a continuance based on the need of the originating department or on behalf of a Council Member.
Department staff may request, via the City Clerk, as many continuances as needed to complete and ready the project or appeal for the Public Hearing process; however, Staff may not serve as a requestor on behalf of an applicant or appellant.
c. Any organized group of residents or neighborhood associations, not recognized as an applicant or appellant, may contact their Council Member and request a continuance as needed to complete and ready the project or appeal for the hearing process. The Council Member, in his or her sole discretion, may request the Council approve the continuance for good cause. d. At the meeting when the Public Hearing is scheduled, but before the hearing starts, any Council Member may request the Council approve a continuance. e. Disputes regarding the length of a continuance will be decided by the Council
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at the scheduled hearing if City Staff or the City Clerk cannot obtain mutual agreement between the parties beforehand.
MEETING AGENDAS
Requirements for Agenda Item Submission
1. The City Manager and City Clerk shall develop the agenda for Council meetings in consultation with the Mayor and Mayor Pro-Tem.
2. Council Members may submit items for inclusion on a future agenda by submitting the request via email within ten (10) days of the next finalized agenda via email or written notice.
3. Council Members may submit staff reports or descriptions of oral reports to the City Clerk and or the City Manager for placement on the agenda.
4. Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the City Clerk for placement on the agenda.
5. Outside agencies may submit agenda items in accordance with the following:
a. Items from outside agencies must be sponsored for agenda placement by Council Members or department Staff; and
b. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.
Declaration of Policy
1. No ordinance, resolution, motion, or item of business shall be introduced or acted upon at a meeting of a legislative body of the City without it appearing on a duly noticed and posted agenda in accordance with the Brown Act. Exceptions to this rule are limited to those provided by state law.
2. No ordinance, resolution, motion, or item of business will be considered that:
a. does not affect the conduct of the business of the City of Coalinga or its powers or duties as a municipal corporation, or
b. supports or disapproves of any legislation or action (i) of the State of California;
(ii) of the Congress of the United States; or
(iii) before any officer or agency of the state or nation, unless the proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers or duties of the City of Coalinga or its
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officers or employees.
c. Rule 7.B.2 may be invoked only before Public Comment or council deliberation on the matter and by three affirmative votes on the question: “Shall the Council consider this matter?”
Procedures for Submission of Reports
1. A written staff report should be prepared and submitted for agenda review in accordance with the agenda review procedure.
2. Staff reports shall include a section reflecting review by the City Attorney as appropriate.
3. “Continued” items do not require a new staff report if there are no changes other than the agenda date. If there is any other change, a new staff report meeting all applicable requirements must be submitted.
4. Staff reports shall the name of the staff member or department head putting the item on the agenda.
5. Staff reports shall include any fiscal information as it relates to the city budget or spending or saving money.
Written Communications from the City and the Public
1. The City Clerk, City Manager, and or City Attorney shall manage communications to Council Members regarding meeting topics to ensure compliance with the Brown Act.
a. Except for records exempt from disclosure under the California Public Records Act and otherwise by law, agendas or any other writings distributed to all or a majority of the Council Members for discussion or consideration at a Public Meeting are disclosable to the public, and shall be made available upon request without delay.
b. Materials distributed to the Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.
2. Interested parties or their authorized representatives may address the Council by written communications regarding agenda items.
a. Written communications received by the City Clerk prior to posting of the agenda will be included in the agenda packet material. Written communications received by the City Clerk after that deadline will be delivered to the Council Members at the Council Meeting if related to an item on the meeting agenda. b. Documents (10 copies recommended) that members of the public submit to the
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City Council at the meeting shall be given directly to the City Clerk for distribution and shall not be given directly to the Council. The documents will be made available to the public.
Preparation of the Agenda Packet
1. No later than 6:00 p.m. on the Monday prior to each regularly scheduled meeting, the City Clerk shall finalize the agenda packet.
2. Agenda Packet Contents.
a. The agenda packet shall include the agenda, the staff reports, draft resolutions and ordinances, contract, and other attachments. Items noted as “To Be Delivered” on the agenda will be delivered prior to the start of the Council Meeting and published to the City’s website no later than the following day. No item shall be required to be considered by the Council if the applicable written material is not delivered to the Council before the agenda item is discussed and made available to the public at the same time.
b. Corrections or supplements to a staff report or other written materials already included in the agenda packet may be delivered separately. c. All agreements on the agenda shall be available for review by the Council and the Public prior to the meeting, or at the meeting location during the meeting, unless determined otherwise by the City Attorney.
Distribution of the Packet
1. The City Clerk shall distribute the agenda packet to the Council Members and persons requesting copies of the agenda packet no later than Monday at 6:00 p.m. prior to the regularly scheduled meeting.
2. Paper or electronic copies of the agenda packet shall be available for the news media and other such organizations, agencies, institutions, or persons who so subscribe.
Posting of Agenda
1. The City Clerk shall post the agenda of each Regular or adjourned Regular Meetings of the legislative body at least 72 hours in advance of the meeting in a location that is freely accessible to members of the public as required by the Brown Act.
2. The City Clerk shall maintain an affidavit indicating the location, date, and time of posting each agenda.
3. Agendas will generally be published to the City’s website by the end of business on the Monday before Regular Meetings.
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4. Staff reports including attachments, exhibits, and agreements will generally be published to the City’s website by end of business on the Monday before Regular Meetings.
5. If technical difficulties occur, the agenda and reports will be published on the City’s website as soon as those difficulties are resolved.
Failure to Meet Agenda Deadlines
1. The City Clerk shall not, without the consent of the City Manager or City Attorney, accept any agenda item or revised agenda item after the deadlines established and noted in these Rules.
Exceptions to the Agenda Requirement
1. Matters not included on the published agenda may be discussed and acted upon by the legislative body only in the following situations:
a. at a meeting during which a majority of the Council Members determine in open session that the matter in question constitutes an “emergency"; or b. Upon a determination by two-thirds of the Council Members, or if less than twothirds are present by unanimous vote of the Council Members present, that:
(i) there is a need to take immediate action; and
(ii) the need for action came to the attention of the City after the agenda had been posted; or
c. the item was posted for a prior meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
Types of Agenda Items
1. Closed Sessions – confidential discussions with the legislative body as permitted by the Brown Act.
2. Ceremonial Matters – the presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative body action.
3. Administrative Matters – consent items making clerical corrections to previous legislative documents and to ensure accurate legislative history.
4. Consent Calendar – considered one item, consisting of matters routine in nature and not likely to be subject to debate or inquiry by the Council Members or the public; typically adopted in one motion.
5. Public Hearings – duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.
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6. New Business – non-routine items requiring an oral presentation and discussion before action is taken.
7. Information Items – items when staff is required by federal or state law or city code to inform Council of an issue when authority has been delegated to a person, position, board, or commission.
8. Public Comment – oral communications from the public regarding matters not on the agenda but within the subject matter jurisdiction of the City.
9. City Council Reports and Requests:
a. Brief oral or written reports summarizing meeting or conference attendance at City expense, as required by AB 12349;
b. Requests that City Manager or Staff report on various issues; c. Requests to place items on a future council meeting agenda must be approved (consensus by Council must be received);
d. Reports on district and citywide activities or news.
Ordinances and Non-Binding Resolutions
1. Ordinances on the agenda may be passed for publication or adopted in accordance with established procedures.
2. Ordinance changes during the review and adoption process. a. The text of an ordinance receiving the necessary votes to bring the matter to Council shall be the text that is included in the published agenda as pass-forpublication. b. The text of an ordinance passed for publication shall be the text that is included in the published agenda for the meeting at which the adoption of the ordinance is discussed.
c. Notwithstanding subsections a, b, and c, typographical and clerical errors may be corrected at any time during the ordinance review and adoption process. d. If a Staff Member intends to make a substantive (i.e., anything not typographical or clerical) change to an ordinance after it is included in a published agenda, at or before the time the ordinance adoption item is called on the agenda the Staff Member shall distribute sufficient written copies of the proposed change so that all other members, the Council Members, relevant City staff, and the public audience have copies.
e. Consideration of a proposed substantive change from the ordinance text that was included in the published agenda shall be continued until the next regular council meeting unless another meeting date is approved by Council.
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f. If the Council’s motion to adopt an ordinance includes a change to the ordinance text from that published in the agenda, prior to the vote the City Attorney or City Clerk shall repeat verbatim the proposed change or otherwise indicate the change is reflected in the circulated written copy of the change.
CONDUCT OF MEETING
Call to Order – Mayor
1. The Mayor, or in the Mayor’s absence the Mayor Pro-Tem, shall take the chair at the hour appointed for the meeting and shall immediately call the meeting of the Council to order.
2. In the absence of the Mayor and Mayor Pro-Tem, the City Clerk shall call the meeting to order and a Mayor Pro-Tempore shall be appointed from the members present.
3. Upon the arrival of the Mayor, the Mayor Pro-Tem or Mayor Pro-Tempore shall immediately relinquish the chair at the conclusion of the business then before the Council.
Roll Call / Attendance
1. A majority of the members of the Council then in office and present within the City limits of Coalinga shall constitute a quorum.
2. Before the Council proceeds with the business before it, the City Clerk shall call the role and note the Council Members present for the minutes. The late arrival of Council Members shall be entered into the minutes.
3. A Council Member shall be considered present at a meeting if the member either is physically in the Council Chambers or is participating in the meeting through teleconference in accordance with the Brown Act. Meeting attendance of Council Members through teleconference will be permitted on a case-by-case basis, determined by the majority of Council.
4. Council Members attending a council meeting through a teleconference are counted when determining a quorum unless they are not within the City limits of Coalinga.
5. Council Members must be physically present at the Council Chamber dais or teleconference location to vote. Proxy or absentee voting is not permitted.
Order of Discussion
The order of business is typically carried out as listed on the agenda or as set out below; however, the Mayor, Mayor Pro-Tem and or City Manager may request the items, unless Council Members object.
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Council Members may request items be reordered by motion.
1. Public Comment will be held at the beginning and at the end of the meeting.
2. Consent Calendar items removed for discussion.
a. Council Members or the City Manager may request that an item be removed from the Consent Calendar for separate consideration.
b. Members of the Public wishing to have an item removed from the Consent Calendar for separate consideration may make a request to a Council Member or the City Manager prior to the beginning of council meeting. c. All matters remaining on the Consent Calendar shall be approved by a single action, such single action to have the legal effect of individual action on each matter.
d. If Consent Calendar items are removed, they shall be discussed immediately and voted on individually after adoption of the balance of the Consent Calendar.
3. Public Hearings.
a. The order of Public Hearings will generally be as follows:
(i) Staff comments, information, and reports, followed by Council Member questions.
(ii) proponent, if applicable, speaks, followed by Council Member questions. (iii) opponent, if applicable, speaks, followed by Council Member questions. (iv) if the Public Hearing is on an appeal that does not require Council de novo review, then the appellant (opponent) speaks before the applicant (proponent) in accordance with the allotted time.
(v) Public Comments.
(vi) if the Public Hearing is a de novo review appeal, the applicant speaks in rebuttal, but if not a de novo review appeal, the appellant speaks in rebuttal.
(vii) closure of Public Comment.
(viii) further Council Member discussion.
(ix) motion to close Public Hearing and take action. See Rule 6.F regarding continuances.
b. The Mayor may direct speakers to avoid repetition in order to permit maximum information to be provided the Council within the time allotted to the hearing.
4. New Business.
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a. The order of discussion after introduction of an item by the Mayor will generally be as follows:
(i) Staff comments, information, and reports, followed by questions from the Council Members.
(ii) Public Comments and information, followed by questions from the Council Members.
(iii) Council Member discussion, motion, and action.
b. Once the item is placed before the Council for discussion, motion, or action, no member of Staff or the Public shall be allowed to address the Council without the consent of the Mayor or Council Members.
Oral Communications from the Audience
1. As required by the Brown Act, a portion of each Council Meeting agenda will provide an opportunity for members of the Public to address the Council on any agendized item, including Closed Session and Consent calendar items.
Regular Meeting agendas also will provide for Public Comment on any unagendized matter that is within the subject matter jurisdiction of the City.
2. In response to Public Comment on non-agendized items, the Council Members may individually:
a. briefly respond to statements made or questions posed by members of the Public;
b. ask questions for clarification;
c. provide a reference to Staff or other resources for factual information or response;
d. request Staff, with consensus of Council, to report to the Council at a subsequent meeting; and
e. request Staff, with consensus of Council, to place a matter of business on a future agenda as needed.
Quorum Call
1. During the course of the meeting, should the presiding officer note a quorum is lacking, the mayor shall call this fact to the attention of the City Clerk.
2. The Mayor then shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the Mayor may declare a recess for a reasonable period of time in order to reestablish a quorum.
3. If no quorum is reestablished within a reasonable time, the Mayor shall adjourn the meeting.
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Obtaining the Floor
1. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor shall recognize any Council Member who seeks the floor when appropriately entitled to do so.
2. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member and that Council Member may respond while the floor is still held by the member asking the question.
A Council Member may opt not to answer a question while another member has the floor.
Motions
1. Robert’s Rules of Order, a manual of parliamentary procedure shall be used for the management of motions.