MEETING AGENDA
The City Council/Successor Agency of the City of Firebaugh Vol. No. 22/12-05
Date/Time: December 5, 2022/6:00 p.m. ______________________________________________________________________ *SPECIAL NOTICE DUE TO COVID-19 MEETING WILL BE HELD TELECONFERENCE VIA WEBEX, &
THE MEETING WILL BE HELD OPEN TO IN-PERSON MEETING
PURSUANT TO PARAGRAPH 11 OF EXECUTIVE ORDER N-25-20,
EXECUTED BY THE GOVERNOR OF CALIFORNIA ON MARCH 12, 2020 Members of the public who wish to address the Council may do so by submitting a written comments to the Deputy Clerk via email [email protected] Please provide: Council Meeting Date, Item Number your comment are pertaining to, Name, Email and comment, no later than 3:00 PM the day of the meeting.
*Pursuant to Government Code Section 54953 (b)(2), all action taken during this teleconferenced meeting shall be by roll call vote.
Join Meeting
https://cityoffirebaugh.my.webex.com/cityoffirebaugh.my/j.php?MTID=mbed989356f5fe7c653c8537a89a67b39 Computer Meeting ID: 25513812463 Meeting password: QzNPDh34rB5 Phone: 1-650-479-3208 Meeting No. 25513812463 Meeting password: (79673434 from phones & video systems)
CALL TO ORDER
ROLL CALL Mayor Brady Jenkins
Mayor Pro Temp Felipe Pérez
Council Member Marcia Sablan
Council Member Elsa Lopez
Council Member Freddy Valdez
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate at this meeting, please contact the Deputy City Clerk at (559) 659-2043. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk’s office, during normal business hours.
PLEDGE OF ALLEGIANCE
APPROVAL OF THE AGENDA
PUBLIC COMMENT
PRESENTATION
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption of ordinances previously introduced and discussed, execution of agreements and other similar items.
1. APPROVAL OF MINUTES – The City Council regular meeting on November 21, 2022.
City Council Agenda
December 5, 2022
PUBLIC HEARING
2. ORDINANCE NO. 22-04 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING CHAPTER 8 OF THE FIREBAUGH MUNICIPAL CODE RELATING TO RECENT UPDATES IN STATE BUILDING AND HOUSING CODES, AND ADDING SECTIONS 8-19, 8-20, AND 8- 21 RELATING TO SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS, SAFETY ASSESSMENT PLACARDS, AND ELECTRIC VEHICLE CHARGING STATIONS, RESPECTIVELY – SECOND READING.
Recommended Action: Council receives public comment & approves Ord. 22-04.
3. ORDINANCE NO. 22-05 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING SUBSECTION 25-15.3 (R-1 ZONE (PERMITTED USES), SUBSECTION 25-17.3 (R-1 (TN) ZONE (PERMITTED USES)), SUBSECTION 25-19.3 (R-2 AND R-3 ZONES (PERMITTED USES)), AND 25-41.9 (SPECIAL USES (SECOND RESIDENTIAL UNITS)) OF THE FIREBAUGH MUNICIPAL CODE, RELATING TO ACCESSORY DWELLING UNITS – FIRST READING.
Recommended Action: Council receives public comment & waives first reading Ord. 22-05.
NEW BUSINESS
4. RESOLUTION NO. 22-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING THE CITY’S SPENDING PLAN AND APPROPRIATION FOR THE ALLOCATION OF AMERICAN RESCUE PLAN ACT CORONAVIRUS AND LOCAL FISCAL RECOVERY FUNDS.
Recommended Action: Council receives public comment & approves Res. No. 22-56.
STAFF REPORTS
PUBLIC COMMENT
CLOSED SESSION
5. Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation In Re: Arbitration No. 22-1115 (Confidential Arbitration)
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Certification of posting the agenda
I declare under penalty of perjury that I am employed by the City of Firebaugh and that I posted this agenda on the bulletin boards at City Hall, December 2, 2022, at 5:00 p.m. by Rita Lozano Deputy City Clerk.
MEETING MINUTES
The City CounciVSuccessor Agency of the City of Firebaugh Vol. No. 22lll-Zl
PURSUANT TO PARAGRAPH 11 OF EXECUTIVE ORDER N-25.20,
EXECUTED BY THE GOVERNOR OF CALIFORNIA ON MARCHI2,2O2O
City Council Meeting held via teleconferencing
*Pursuant to Government Code Section 54953 (b) (2), all action taken during this teleconferenced meeting shall be by roll call vote.
Location of Meeting:
Date/Time:
CALL TO OR"DER
ROLL CALL
ABSENT:
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh,CA 93622
November 21, 20221 6200 p.m.
Meeting called to order by Mayor Jenkins at 6:00 p.m
Mayor Brady Jenkins
Council Member Elsa Lopez
Council Member Freddy Valdez
Mayor Pro Tem Felipe P6rez
Council Member Marcia Sablan
OTHERS: City Attorney James McCann; City Manager Ben Gallegos; Deputy Clerk, Rita Lozano; Finance Director, Pio Martin Police Chief, Sal Raygoza; Fire Chief, John Borboa; Public Works Director, Michael Molina; City Engineer, Mario Gouveia; Mike Brinkman, Building Inspector - CSG; Marc Benjamin - Supervisor's Office of Brian Pacheco; Dispatcher, Raquel Tabares; Matt Garcia, Ryan Gonzalez, Chris Gutierrez, Steve Veiga, Linda Espinosa, Adri Sosa, Eduardo Rodriguez, Housing Authority, & others.
PLEDGE OF ALLEGIANCE Mayor Pro Temp Perez led pledge of Allegiance.
APPROVAL OF'THE AGENDA
Motion to approve agenda by Council Member Sablan, second by Council Member Perez, motion passed by 5-0 vote.
PI.]BLIC COMMENT
Ryan Gonzalez,readand submitted his public cornment see attached document.
PRESENTATION None
CONSENT CALENDAR
I APPROVAL Otr'MINUTES - The Citv Council reeular meetine on October 17. 2022.
2. WARRANT REGISTER - Period startine October I and endins on October 31. 2022.
October 2022 General Warrants
Payroll Warrants
TOTAL
#43399 - #43543
#71875 - #71898
$ 959,267.67
$ 205.803.92
$ 1,165,071.59
3. RESOLUTION NO. 22-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AUTHORIZING USE OF EMERGENCY REMOTE TELECONFERENCING PROVISIONS.
Motion to approve Consent Calendar by Council Member Lopez, second hy Council Member Perez, motion passed by 5-0 vote.
City Council Minutes
November 2 l, 2022
PUBLIC HEARING
4. RESOLUTION NO. 22-47 - A RESOLUTION APPROVING AI\ AMENDMENT TO THE STANDARI) AGREEMENT F'OR THE 2O2O COMMUNITY DEVELOPMENT BLOCK GRANT PROGTIAM CORONAVIRUS RESPONSE ROUND 2 AND 3 (CDBG-CV2 and CV3) NOFA DATED DECEMBER 18.2020.
Open hearing ut 6:09 pm - no comment given - Close hearing at 6:10 pm, Re-open hearing at 6:38 pm - Linda Espinosa asked if Council decides to increase the award limit to new applicants, will the previous business owners already awarded receive additionalfunding. Staff replied, "No, because they aren't allowed to be awarded twice. Mrs.
Espinosa stated, that wouldn't be fair to the applicants that already applied and received funds, when they are the ones that complied with the requirements to receive funds. - Reclose hearing at 6:40 pm, Motion to approve Res. No. 22-47 and accept the City Manager's recommendstion to transfer remaining funds to Salvation Army by Council Member Lopez, second by Council Member Sublan, motion passed by 3-2 vote. Valdez und Jenkins - no.
5. ORDINANCE NO. 22-04 - AN ORDINANCE OF THE CITY COT]NCIL OT' THE CITY OF FIREBAUGH AMENDING CIIAPTER 8 OF'THE FIREBAUGH MUNICIPAL CODE RELATING TO RECENT UPDATES IN STATE BUILDING AND HOUSING CODES" AND ADDING SECTIONS 8-19. 8-20. AND 8-21 RELATING TO SMALL RESIDENTIAL ROOF'TOP SOLAR ENERGY SYSTEMS. SAT'ETY ASSESSMENT PLACARDS. AND ELECTRIC VEHICLE CHARGING STATIONS. RESPECTIVELY _ F'IRST READING.
Open hearing at 6:46 pm - no comment given - Close hearing at 6:47 pm.
Motion to waive the ftrst reading of Ord. 22-04 by Council Member Lopez, second by Council Member Perez, motion passed by 5-0 vote.
NEW BUSINESS
6. THE CITY COT]NCIL OF THE CITY OF'FIREBAUGH TO CONSIDER USE OF THE AF COMMUNITY CENTER AND WAIVER OF RENTAL FEES BY FIREBAUGH SCHOOL BAI\D. FOR A BINGO EVENT.
Motion to waive rental fees for the Bingo event by Council Member Lopez, second by Council Member Perex,, motion passed by 5-0 vote.
7. RESOLUTION NO. 22-51 . A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF'FIREBAUGH
AUTHORIZING AND ENTERING INTO A FUNDING AGREEMENT WITH THE STATE WATER RESOT]RCES CONTROL BOARD AND AUTHORIZING AND DESIGNATING THE CITY MANAGER TO EXECUTE AGREEMENT AND OTHER NECESSARY DOCUMENTS F'OR THE HUD TAI{K.
Motion lo approve Res. No. 22-51 by Council Member Vuldez, second by Council Member Sablan, motion passed by 5- 0 vote.
8. ITESOLUTION NO. 22-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDING THE FISCAL YEAR 2022123 CITY BUDGET TO INCLUDE ONE ADDITIONAL SEWERRELATED CAPITAL PROJECT.
Motion to approve Res No. 22-52 smending budget by Council Member Valdez, second by Council Member Lopez, motion passed by 5-0 vote.
9. RESOLUTION NO. 22-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
AUTHORIZING RESOLUTION OF'THE CITY OF'FIREBAUGH AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMAI\ENT LOCAL HOUSING ALLOCATION P Motion to appruve Res. No. 22-53 by Council Member Lopez, second by Council Member Sablan, motion passed by 5-0 vote.
Cify Council Minutes
November 21, 2022
10. RESOLUTION NO. 22-54 - A RESOI,IITION OF'THE CITY COIINCII, OF' CITY f)F' ['IR[:,RAIIGH
AUTHORIZING THE APPLICANT FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT.
Motion to approve Res. No. 22-54 by Council Member Lopez, second by Coancil Member Sablan, ,notion psssed by 5-0 vote.
11. RESOLUTION NO. 22-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
AUTHORIZING THE APPLICANT F'OR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT.
Motion to approve Res. No. 22-55 by Council Member Lopez, second by Council Member Sablan, motion passed by 5-0 vote.
STAFF REPORTS
Y Police Chief Sal Ravsozs - will not be attending next council meeting, staff report will be included in agenda.
Y Public Works Director, Michael Molina - worked on leak at Vasquez, line was near a gas line so we called 8l l to mark the area before we could fix the leak.
Y Citv Manasen Ben Gallesos - Christmas parade is December 3, will briefly attend in the day, but will leave to attend wife's Christmas office party. Want to wish everyone a happy Thanksgiving, have a wonderful time with your families.
D Citv Eneineer. Mqrio Gouveiu - received the encroachment permit from Caltrans for the HWY 33 Beautification project.
D Denutv Citv Clerk, Rita Lozano - Nothing to report.
D Finance - Pio Martin - Nothing to report.
D Citv Attornev, James McCann - Changes to the 2023 Brown Act, will provide a brief presentation regarding the changes an additional option to consider.
D Council Member Valdez - Nothing to report.
D Council Member Lopez - Would like to know who will be responsible for the electrical issue at the Fire Station for not installing it, would like to discuss with the Attomey. Architect should have included and installed it; City Attorney will research & ask them to pay for the error. City Manager Gallegos informed he is trying to address all the issues and change orders at the end ofthe contract, there has been several change orders for thousands ofdollars & they should charge the city for the use of plans that weren't correct. Plans has quit a few errors and missing information. City is using ARPA funds to install a lot-merger that was required for the Police Station and Fire Station project at the request of PG&E, city is waiting for the material needed to install.
D Council Member Sablan - Plans are in place for the Christmas lunch to be given at the school Y Council Member Jenkins - received several questions about the Christmas parade, Council gave staff direction to include council and public members as part of the committee, I didn't receive any notices or information about meetings, I don't want staff to do whatever they want without input from others. City Manager Gallegos will check emails and look it to the matter.
PUBLIC COMMENT
No comment given
* Motion to enter closed session at 7:25 pm by Council Member Sablsn, Second by Council Member Perez; vote pass hy 5-0 vote
City Council Minutes
November 21,2022
CLOSED SESSION
12. Government Code Section 54956.9(dX2) - One Potential Case Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation
* Motion to enter open session at 7:48 pm by Council Member Sablan, Second by Council Member Perez; vote pass by 5-0 vote
ANNOUNCEMENT AFTER CLOSED SESSION
No action taken
ADJOI]RNMENT
Motion to adjourn ut 7:49 pm by Council Member Sablan, second by Council Member Perez, motion passes by a 5-0 vote.
City Council Meeting Minutes -
Novernber 21, 2022
RY;\N GONZ1'LF.Z C,ITY COIINCIL PTIBLIC CONINIE'lVT
November 21,2022
Dear Firebaugh City Council,
"Good evening Mayor, Council, City Staffand the community of Firebaugh. My name is Ryan Gonzalez, community member currently residing at T872 Vasquez Drive. First and foremost, I want to ensure that we are taking the appropriate measures and actions to ensure that the entirety of our meeting tonight is being recorded both auditorily and visually via WebEx. As I direct your attention and recollection, to our previous city council meeting on November 7th2022,I gave a public cornment, which is noted in tonight's minutes. During my public comment, I addressed each of our running candidates for Firebaugh City Council congratulating them on their desire to serve our colnmunity and wishing thern the best of luck with the general electiory however, due to the lack of accountability and due diligence, my public comment was not recorded via WebE>g I will note that the meeting did not begin recording until 6:06PM. In order to ensure that proper minutes are taken with the upmost care, rnoral, and responsibility, I have decided to provide each one of you with a copy of rny public comrnent tonight. I wouldrespectfully ask that my public comment be noted verbatim in tonight's minutes.
Tonight we will be taking a look at back at Resolution NO. 22-47, which was tabled at our last city council meeting. During our last meeting, City Manager Ben Gallegos, noted that only 3 business received this grant and he suggested that the remaining funds of $264,245 be transferred to The Salvation Army to help aide with the giving of Hot Meals. I want to taken this tirne to note that The Salvation Army is already internationally funded. With that being sai{ I took it upon myself to make contact with a representative from The Salvation Army tltat over{ooks all large donations. Per our phone conversation, the representative noted that it truly would be impossible to extinguish the surplus of funds over $200,000 by Mid December, when the grant offrcially closes out. It's truly disheartening that these funds have the potential of not being used to their fullest potential, here we have our senior citizens who have been without wann meals of months on end, but instead we make a request to donate the surplus of funds which we don't know if it will truly have a direct impact on our community of Firebaugh.
Moving forward, we must understand the importance and fundamentals of grant writing, which can potentially help aide with future distribution of surplus funds. If we haven't done so already, I think it would be a wonderful opportunity to ensure that all current and future gfants are accounted for on a spreadsheet with all start and end dates, along with dates to revisit them at future council meetings.
If you have any further questions or concerns my contact information is noted at the bottom of your page and I truly thank you for your time tonight." Best Regards,
Ryan Gonzalez
1872 Vasquez Dr. Firebau gh, CA93622 559-930-5557 [email protected] ORDINANCE NO. 22-04
AN ORDINANCE OF THE CITY COTINCIL OF'THE CITY OF FIREBAUGH AMENDING CHAPTER 8 AI\D CHAPTER 8.5 DANGEROUS BUILDING ABATEMENT OF THE
FIREBAUGH MTJNICIPAL CODE RELATING TO THE BUILDING AND IIOUSING CODES The City Council of the City of Firebaugh does ordain as follows:
Section 1: That Chapter 8, Building and Housing of the City of Firebaugh Municipal Code be amended as stated in Attachment "A", attached hereto, and made a part hereof by this reference.
Section 2: Necessitv: The amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions: the City of Firebaugh is within a seismic area, local soil conditions can be expansive, the City of Firebaugh can have hard water which is corrosive to ferrous and non-ferrous metals.
Section 3: Purpose and Authoritv: The purpose of this Ordinance is to adopt by reference the 2022 edition of the California Building Standards Code, Title 24,Parts 1,2,2.5,3, 4, 5, 6,8,9, 10, I 1, & 12 of the California Code of Regulations, subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the City of Firebaugh. This Ordinance is adopted under the authority of Govemment Code Subsection 50022.2 and Health and Safety Code Section 18941.5.
Section 4: Effective Date and Publication
This Ordinance shall take effect on January 1,2023, after its adoption, published in summary format prior to adoption and within fifteen (15) days after its adoption in a newspaper of general circulation published and circulated in the City of Firebaugh.
The foregoing Ordinance No. 22-04 was introduced at a regular meeting of the City Council of the City of Firebaugh on the 21't day of November 2022, and was passed and adopted at a regular meeting of the City Council on the 5ft day of December,2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Brady Jenkins, Mayor
City of Firebaugh
Rita Lozano, Deputy City Clerk
City of Firebaugh
ATTACHMENT O'A'O
Chapter 8 BUILDING AND HOUSING
$ 8-l.BrmDrNG CODE.
S S-1.1. Adoption by Reference of the U+ifurm California Building Code. [Ord. #94-3, S1; Ord. #07- 08, 51; Ord. #12-05, 511 amended 6-15-2020 by Ord. No. 20-031 Pursuant to the provisions of Section 50022.2 of the Govemment Code of the State of Califomia, the City Council of the City of Firebaugh does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the ?s19 California Building Code 2022 Edition. Volumes I and 2 (Part 2 of Title 24 of the California Code of Resulations). based on the 2027 International Buildins Code as published bv the International Code Council, tosether with Aooendices Chapter G - Flood-Reshtant Construction, Chaoter H - Sisns, Chanter I - Patio Covers, Chapter J - Gradins, und Chapter K - Centr
Housing, and subsequent additions and editions thereto. as adopted by the Califomia Building Standards Commission, and said code is hereby adopted by the Council as the Building Code of the City of Firebaugh, for all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause, or phrase ofthe said Building Code is, for any reason, held to be unconstitutional by court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of said code. The City Council hereby declares it would have passed each section, clause, or phrase thereof, irrespective ofthe fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional, except as said code is specifically changed in this Section 8-1. The said Building Code shall be designated as Section 8-1 of Chapter 8 of the Firebaugh City Code. $ 8-1.2. Copies on File. [Ord. #94-3, S1]
One copy of said lJdfem Californio Building Code has been deposited and is on file in the office of the city clerk for use and examination by the public.
$ 8-2. ELECTRTCAL CODE.
$ 8-2.1. Adoption by Reference of the Uniform California Electrical Code. [Ord. #01-01, S1; Ord. #07- 08, 52; Ord. #12-05, S21 amended6-15-2020 by Ord. No. 20-031 Pursuant to the provisions of Section 50022.2 of the Government Code of the State of Califomia, the City Council of the City of Firebaugh does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the 2e[9 California Electrical Code, 2022 Edition (Part 3 Titlc 24 of the California Code of l- hnsci on the 2020 National Electrical Code as published bv the National Fire Protection Association, tosether with its Apnendices, and subsequent additions and editions thereto. as adopted by the California Building Standards Commission, and said code is hereby adopted by the Council as the Electrical Code of the City of Firebaugh, for all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. Ifany section, subsection, sentence, clause, or phrase ofsaid Electrical Code is, for any reason, held to be unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of said code. The City Council hereby declares it would have passed each section, clause or phrase thereof, irrespective ofthe fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional, except as said code is specifically changed in this Section 8-
2.The Electrical Code shall be designated as Section 8-2 of Chapter 8 of the Firebaugh City Code.l $ 8-2.2. Copies on File. [Ord. #01-01, S1l
One copy of said {Jdfem California Electrical Code has been deposited and is on file in the office of the city clerk for use and exam:ination by the public.
$ 8-3.MECHANTCAL CODE.
g S-3.1. Adoption by Reference of the Unifurm California Mechanical Code. [Ord. #94-3, 52; Ord. #07- 08, 53; Ord. #12-05, S31 amended 6-15-2020 by Ord. No. 20-031 Pursuant to the provisions of Section 50022.2 of the Government Code of the State of California, the City Council of the City of Firebaugh does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the 2019 California Mechanical Code, 2022 Edition Part 4 of Title 24 of t
on the 2021 Uniform Mechanical Code as published bv the International Association of Plumbing and Mechanical Officials and subsequent additions and editions thereto, +h€r€te as adopted by the Califomia Building Standards Commission, and said code is hereby adopted by the Council as the Mechanical Code of the City of Firebaugh, for all intents and purposes and to the same effect as if each and every -section, parugraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause or phrase of said Mechanical Code is, for any reason, held to be unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of said code. The City Council hereby declares it would have passed each section, clause or phrase thereof, irrespective ofthe fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional, except as said code is specifically changed in this Section 8-3. The said Mechanical Code shall be designated as Section 8-3 of Chapter 8 of the Firebaugh City Code.
S 8-3.2. Copies on File. [Ord. #94-3, S2l
One copy of said {Jnifem California Mechanical Code has been de,posited and is on file in the office of the city clerk for use and examination by the public.
s 8-4. PLUMBTNG CODE.
S 8-4.1. Adoption by Reference of the Unifurm California Plumbing Code. [Ord. #94-3, 53; Ord. #07- 08, 54; Ord. #12-05, S41 amended 6-15-2020 by Ord. No. 20-031 Pursuant to the provisions of Section 50022.2 of the Govemment Code of the State of California, the City Council ofthe City ofFirebaugh does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the Al9 California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Resulations). includine appendix, based on the 2021 Uniform Plumbins Code as oublished bv the International Associstion of Plumbins and Mechanical Officials and subseouent additions and editions thereto, therete as adopted by the California Building Standards Commission, and said code is hereby adopted by the Council as the Plumbing Code of the City of Firebaugh, for all intents and purposes and to the same effect as if eachand every section, paragraph, subparagraph, word, phrase or clause contained thereinwere fully set forth herein. If any section, subsection, sentence, clause or phrase of said Plumbing Code is, for any reason, held to be unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of said code. The City Council hereby declares it would have passed each section, clause or phrase thereof, irrespective ofthe fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional, except as said code is specifically changed in this Section 8-4. The said Plumbing Code shall be designated as Section 8-4 of Chapter 8 of the Firebaugh City Code. $ 8-4.2. Copies on File. [Ord. #94-3, S3l
One copy of said {Jnifem California
city clerk for use and examination by
Plumbing Code has been deposited and is on file in the office of the the public.
sffi+
Pursuantrto the preYisi
PBileine Offieiatst
by the eeuneil as the Si€n eede ef the eity of Firebaugh; r all intents and purpeses md te the sanre ef et as.
fe*nnerein, tf any seet
te be txreenstitutienal by a eeu* of eompetent jtrrisdietien; sueh holding shall net affeet tlre validity ef the rernaining pertiens ef
er pkrase thereet irrespeetive efthe faet that any ene er "nere seetiens; subseetiens; sentenees; elauses and etrases Ue eeeUree tmeo
(Ihis sectian can be removed/renealed: all sisn orovisions are cwered in the aporoortatu adooted codes in Chapter 8l
$ 8 6,1, Adeptien by Referenee ef the Uniferm €ede fer Selar Energy Insttllatiens, [Ord- #94-3; S5l Pursuant te the provisi
Fnergy hstattations
io+
be nneenstitutisnal by a eeurt ef eempetent jurisdietien; sueh helding shall net affeet the validity ef the or plrase thereof, irrespeetive efthe faet that ariy one er nrere seetiens; subseetions; sentenees; elauses and phrases be deetared
€iq'.ggde
ie'
(fhis section can be removed/reoealed: all solar enerw nrovhions are covered in the aoorooriate adooted codes in Chaoter 8)
$ 8-7. FrRE CODE.
g 8-7.1. Adoption by Reference of the U+iferm California Fire Code. [Ord. #94-3, 56; Ord. #07-08, 55; Ord. #12-05, 55; amended 6-15-2020 by Ord. No. 20-031
Pursuant to the provisions of Section 50022.2 of the Government Code of the State of California, the City Council of the City of Firebaugh does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the 2el9 Califomia Fire Code, 2022 Edition, (Part 9 of Title 24 of the California Code of Reeulationsl, based on the 2021 International Buildins Code as published bv the International Code Council, tosether with Appendices Chapters and subsequent additions and editions thereto, as adopted by the California Building Standards Commission, and said code is hereby adopted by the Council as the Fire Code of the City of Firebaugh, for all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause or phrase of the said Fire Code is, for any reason, held to be unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of said code. The City Council hereby declares it would have passed each section, clause or phrase thereof, irrespective ofthe fact thatany one ormore sections, subsections, sentences, clauses andphrases be declared unconstitutional, except as said code is specifically changed in this Section 8-7. The said Fire Code shall be designated as Section 8-7 of Chapter 8 of the Firebaugh City Code. $ 8-7.2. Copies on File. [Ord. #94-3, 56l
One copy of said {Jdfem California Fire Code has been deposited and is on file in the office ofthe city clerk for use and examination by thepublic.
S 8-8.WAIVER OF PERMIT FEES. [Ord. #99-02, 51; Ord. #01-07, Sll Upon request by the applicant, the council, in its discretion, may waive in whole or part the fees that would otherwise be collected from the applicant for issuance of a permit under any code specified in this Chapter 8, provided the council makes all of the following findings by resolution:
a. The applicant is a not-for-profit organization qualified for tax-exempt status under Federal and State law;
b. The applicant will use the subject building, structure or facility solely to provide services or products that will be of exceptional and significant direct benefit to the health, welfare and/or safety of the city's residents, plus related incidental uses; and
c. Payment of the permit fees would substantially impair the applicant in providing such services or products or would otherwise impose an undue financial hardship on the applicant.
A waiver of permit fees under this section shall apply only to the specified permit, and shall not be deemed a waiver of fees for any other permit fees or for any other applicant. Waiver of permit fees shall not waive the requirement for actual issuance of the permit or compliance with any terms of the permit.
$ 8-9. BUILDING PERMIT FEES. [Ord. #12-05, 56; amended 6-15'2020 by Ord. No. 20-03] Building permit fees may be established and modified from time to time by resolution of the city council.
Q 8-10. ADMINISTRATIVE CODE.
S 8-10.1. Adoption bv Reference of the California Administrative Code. and
editions
therein were fullv set herein. If anv section. subsection. sentence. or ohrase of the said Code is a
declares it would have passed each section, clause or phrase thereof, iwespective of the fact that anv one. or more sections, subsections, sentences, clauses and phrases be declared unconstitational, except as sgid cotle is snecificallv chansed in this Section 8-10. The said Administrative Code shall be desienated as Section 8-10 of Chanter I of the Firebaueh Citv Code.
S 8-10.2. Copies on File.
One conv of said California Administrative Code has been deposited and is on file in the office of the citv clerk for use and exnmination bv the public.
$ 8-11. RESIDENTIAL CODE.
6 8-11.1. Adoption bv Reference of the California Residentisl Code.
Pursuanttotheprovisions ofsection 50022.2oftheGovernment CodeoftheState ofCalifornia.t4eCitv Council ofthe Citv of Firebaagh does herebv adoot bv specific reference thereto and incorporstion herein, bv said reference, the orovisions, rules, and regulations specified and set forth in the California Res.ideltti'g'I Cotle. 2022 Edition, (Part 2.5 of Title 24 of the California Code of Reeulationsl, based on the 2.021 International Residential Code as published bv the International Code Council, tosether h'ith Append,ices Chapters and subsequent additions and editions thereto, with the exception of Apnendix Al-Permit .Feep. as adonted bv the California Buildins Standards Commission, and said code is herebv a4opted bv.tlte Council as the Residential Code of the Citv of Firebaueh. for all intents and nurposes and to the same effegt ii ifeach and everv section, paragraph, subparagraph, word, phrase or clause contained therein were fulh set forih herein. If anv section, subsection, sentence, clause or nhrase of the said Residential Qgde is,-for aiv reason, held to be unconstitutional bv a court of competent iurisdiction, such holding sholl not affect the validitv of the remainine portions of said code. The Citv Council herebv declares it would haye parsed each section, clause or ohrase thereof;, irresoective of the fact that anv one or more sections, suhsectiolts, sentences. clauses and phrases be declared unconstitutional, excent as said code is specifr.callv changed i!, this Section 8-11. The said Residential Code shall be desienated as Section 8-11 of Chapter I of the Firebaueh Citv Code.
S 8-11.2. Copies on File.
One cow of said California Residential Code has been deoosited and is on file inthe office of the citv clerk for use and exannnon b ne
S 8-12. ENERGY CODE.
S 8-12.1. Adontion bv Reference of the California Enerw Code.
Pursuant to the orovisions of Section 50022.2 of the Government Code of the State of California. the Citv Council of the Citv of Firebaush does herebv adont bv soecific reference thereto and incorporation herein bv said reference, the provisions, rules, and regulations soecified and set forth in the Californiu Enerw Code,2022 Edition. (Part 6 of Title 24 of the California Code of Reeulationst, as published bv the International Code Council, tosether with Apnendices Chaoters and subseauent additions and editions thereto, as adopted bv the California Buildins Stsndards Commission, and. said code is herebv adonted bv the Council as the Enerw Code of the Citv of Firebaugh, for all intents and purposes and to the same effect as ifeach and everv section, paragraoh, subparagraph, word, phrase or clause contained. therein were fullv set forth herein. Ifanv section, subsection, sentence, clause or ohrase ofthe said Enerw Code is, for anv reason, held to be unconstitutional bv a court of comoetent iurisdiction, such holdins shall not affect the validitv of the remainine portions of said code. The Citv Council herebv declares it would have oassed. each section, clause or phrase thereof, irrespective ofthe fact that anv one or more sections, subsections, sentences. clauses and nhrsses be declared unconstitutional, except as said. code is specificallv changed in this Section 8-12. The said Enerw Code shall be desienated as Section 8-12 of Chaoter I of the Firebaueh Cin Code.
S 8-12.2. Copies on File.
One coov of said Califomia Enerw Code has been deoosited and is on file in the office ofthe citv clerk for use and examination bv the public.
$ 8-13. HISTORICAL CODE.
S 8-13.1. Adoption bv Reference of the California Historical Code.
Pursuant to the nrovisions of Section 50022.2 of the Gnvprnmcnt Code of the State of California. the Citv Council of the Citv of Firebaueh does herebv adopt bv specific reference thereto and incornoration herein bv said reference, the provisions, rules, and regulations soecified and set forth in the California Historical Code, 2022 Edition, (Part I of Title 24 of the California Code of Reeulationsl, as published bv the International Code Council, together with Appendices Chapters and subsequent additions snd ed.itions thereto, as adopted bv the California Buildins Stsndards Commission, and said code is herebv adopted bv the Council as the Historical Code of the Citv of Firebaush, for all intents and nurposes and to the same effect as ifeach and, evem section, oaragraph, suboaragraph, word, phrase or clause contained therein were fullv set forth herein. If anv section, subsection. sentence, clause or phrase of the said Historical Code is. for anv reason, held to be unconstitutional bv a court of competent iurisdiction, such holdins shall not affect the validitv of the remainine nortions of said code. The Citv Council herebv declares it would have osssed each section, clause or phrase thereof, irrespective of the fact that anv one or more sections, subsections. sentences, clauses and ohrases be declared unconstitutional, except as said code is specifi.callv chansed in this Section 8-13. The said Historical Code shall be desienated as Section 8-13 of Chapter I of the Firebaueh Citv Code.
S 8-13.2. Copies on File.
One cow of said California Historical Code has been deoosited and is on file in the office of the citv clerk for ase and exantination bv the oublia
E 8-14. REFERENCED CODE.
S 8-14.1. Adoption bv Reference of the California Referenced Code.
Pursuant to the provisions of Section 50022.2 of the Government Code of the State of California. the Citv Council of the Citv of Firebuush does herebv adopt bv specific reference thereto and incornoration herein bv said reference. the provisions, rules, and regulations soecified. and set fofth in the California Referenced Code.2022 Edition. (Part 12 of Title 24 of the California Code of Reeulationsl, as published bv the International Code Council, together with Appendices Chapters and subsequent additions and editions thereto. as adopted bv the California Buildins Standards Commission, and said code is hetebv adortted bv the Council as the Referenced Code of the Citv of Firebaueh, for all intents and purposes and to the same effect as if each and everv section. ttaragraph, subparagraph, word, Dhrase or clause contained therein were fullv set herein. If anv section. subsection. sentence. or nhrase of the said ts a court
the
declares it would have each section. clause or ohrase thereofl, ofthe fact that anv one 8-14.
8-14 of Chapter I of the Firebaueh Citv Code.
8 8-14.2. Copies on File.
One copv of said California Referenced Code has been deoosited and is on file in the offr.ce of the citv clerk for use and examination bv the public.
S 8-15. EXISTING BAILDING CODE.
S 8-15.1. Adootion bv Reference of the California Existine Buildine Code.
I International the
same
or one or
declared
8-1 be the
Citv Code.
S 8-15.2. Cooies on File.
One conv of said Californie Existins Buildine Code has been deposited and is on file inthe office of the citv elerk for use and examination bv the oablic.
S 8.16. GREEN CODE.
S 8-16.1. Adootion bv Reference of the California Green Code.
Pursuant to the orovisions of Section 50022.2 of the Government Cod.e of the State of California, the Citv Council of the Citv of Firebaush does herebv adopt bv specific reference thereto and incorporation herein bv said reference. the provisions, rules, and reeulations specified and set forth in the California Green Code,- 2022 Edition- (Pafi I I of Title 24 of the Codp, of Resulalions)- as nuhlished hv the International Code Council, together with Aopendices Chapters and subseauent ad.ditions and editions thereto, as adopted bv the California Buildine Standards Commission. and said code is herebv ad,opted bv the Council as the Green Code of the Citv of Firebaugh, for all intents and ourooses andto the same effect as ifeach and everv section, traragraph, suboaragraph, word, phrase or clause contained therein were fullv set forth herein. Ifanv section. subsection, sentence, clause or phrase ofthe said Green Code is, for anv reason, held to be unconstitutional bv a court of competent iurisdiction. such holdins shall not affect the validitv of the remainins portions of said code. The Citv Council herebv declares it would have passed each section, clause or phrase thereof, irrespective of the fact that anv one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional, exceot as said code is specificallv changed in this Section 8-16. The said Green Code shall be desienated as Section 8-16 of Chapter 8 of the Firebaueh Citv Code.
S 8-16.2. Cooies on File.
One cow of said California Green Code has been deposited and is on file in the offrce of the citv clerk for use and examination bv the oublic.
S 8.17. ANIFORM HOASING CODE.
S 8-17.1. Adontion bv Reference of the Uniform Housins Code.
Pursuant to the nrovisions of Section 50022.2 of Gnvcrnmcnt Code- of the State of California. the Citv Council of the Citv of Firebaush does herebv adopt bv specific reference thereto and incorporation herein bv said reference, the orovisions, rules, and regulations specified and set forth in the Uniform Housins Code, 1997 Edition. as published bv the International Conference of Baildine Officials, (Title 25 of the California Code of nursuant to Sections 17958. 17958.5. I 7- 17958-q and 17959 and
of the Citv of Firebaueh, for all intents and purooses and to the same effect as if each and everv section, nraragraph, subnaragraph, word, ohrase or clause contained therein were fullv set forth herein. If anv section. subsection, sentence, clause or phrase of the said (Jniform Housing Code is. for anv reason. held to be unconstitutional bv a court of comoetent iurisdiction, sach holding shall not affect the validitv of the remaininp nortions of andc- Thp, Citu Council herehv declares it would have nassed caah sealion. clause or phrase thereof, irrespective of the fact that anv one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional, except as said code is specifi.callv chansed in this Section 8-17. The said Uniform Housine Code shall be desienated as Section 8-17 of Chsnter I of the Firebaush Citv Code.
S 8-17.2. Cooies on File.
One copv of said California llniform Housine Cade has been deposited and is on file in the offrce of the citv clerk for use and examination bv the public.
S 8-18. ANIFORM CODE FORTHE ABATEMENT OF DANGEROAS BUILDINGS.
S 8-18.1. Adontion bv Reference of the Uniform Code for the Abatement of Danserous Buildines Pursuant to the nrovisions of Section 50022.2 of Govcrnm.ent Code of the State of Californio. the Citv Council of the Citv of Firebaugh does herebv adont bv specific reference thereto and incornoration herein bv said reference, the orovisions. rules, and resulations specified and set forth in the Uniform Code for the Abatement of Danserous Buildines, 1997 Edition, as published bv the International Conference of Buildins Officials, is herebv adonted bv the Council as the Uniform Code for the Abatement of Danserous Buildings of the Citv of Firebaush, for all intents and purposes and to the same effect as if each and everv section, Daragrsnh, suboaragraph, word, ohrase or clause contained therein were fullv set fofih herein. If anv section, subsection, sentence, clause or phrase of the said Uniform Code for the Abatement of Dsngerous Buildines Code is. for anv reason, held to be unconstitutionsl bv a court of comoetent iurisdiction, such holdins shall not affect the validitv of the remainine oortions of said code. The Citv unconstitutional. except as said code is soecificallv chansed in this Section 8-18, The said Uniform Code for the Abatement of Danserous Buildines Code shall be desisnated as Section 8-78 of Chapter I of the Firebaueh Citv Code.
S 8-18.2. Cooies on File.
Date:
To:
From:
Subject:
FIREBAUGH CITY COUNCIL
STAFF REPORT
December 5,2022
Firebaugh City Council
Karl Schoettler, Planning Consultant
Public Hearing to introduce Zoning Ordinance Amendment2022'01 (an amendment to the Firebaugh Zoning Ordinance to incorporate standards for "Accessory Dwelling Unitsn'(ADU's) and "Junior Accessory Dwelling Units" (JADU's)). 0rdinance 22-05
Recommendation
It is recommended that the City Council conduct a public hearing and vote to introduce Ordinance 22-05, an amendment of the Zoning Ordinance to incorporate standards regulating the construction of Accessory Dwelling Units (ADU's) and Junior Accessory Dwelling Units (JADU's).
Analvsis
The action is an update of the Firebaugh Zoning Ordinance to incorporate State-mandated requirements that allow the construction of Accessory Dwelling Units (ADU's) and Junior Accessory Dwelling Units (JADU's) on appropriately-zoned residential lots in Firebaugh.
ADU's and JADU's are additional dwellings (second and third units) that cities are required to permit on residentially-zoned lots (including both single family residential and multi-family residential lots).
Firebaugh already has a Second Dwelling Unit ordinance that was adopted in2007 (as a result of previous State legislation) but the recent State laws require cities to remove or reduce some regulations. This is intended to make it easier for property owners to construct this form of housing. This report provides an overview of these requirements and how they are incorporated into the City's code.
Purpose
The purpose of the State's Accessory Dwelling Unit laws is to promote the development of affordable housing. California has some of the least affordable housing in the nation (though that is an issue moreso along the coast and major cities (Los Angeles, San Francisco, San Diego, etc.)). Accessory Dwelling Units are an opportunity for the creation of affordable housing, for several reasons, including:
Report to Firebaugh Gity Council (1215120221
Public H for Accessorv Dwellino Unit Ordinance
Small size of the unit, reducing construction costs;
The land is already purchased;
Utilities are already present;
Covered parking is not required
Depending on the size of the building, ADU's typically have a bedroom, bathroom, small kitchen, sitting room, etc. ADU's can be either attached (or part of) the primary dwelling, or a detached, free-standing structure. Attachment "A" shows several photo samples of ADU design and appearance.
JADU's
In addition, State law has created an additional type of unit called a Junior Accessory Dwelling Unit (JADU). This type of unit is carved out of the footprint of an existing single-family home and can be no larger than 50Yo of the size of the primary dwelling, up to 800 square feet, maximum. Of note, the garage of an existing home can be converted to become a JADU. The City's current Second Unit ordinance prohibits garage conversions (unless the number of covered parking spaces can be replaced elsewhere on the lot with a new garage or carport).
Overview of Proposed Ordinance
The following is a narrative of key points of the ordinance.
Sections 1.2 and 3 (on pages I through 3) amend the permitted use lists of Firebaugh's six residential zones to add "Accessory Dwelling Units" and Junior Accessory Dwelling Units" as a permitted use in these zones, which include:
R-l (Single Family Residential zones (including R-l-4.25, R-l-5 and R-l) R-l (TN) (Single Family Residential (Traditional Neighborhood) zones R-2 (Low Density Multi-Family Residential)
R-3 (Medium-High Density Residential)
Section 5 (beginning on page 3) establishes the actual development standards for ADU's and JADU's, including zones permitted, number of units allowed, setbacks, building height, unit size, parking, appearance, occupancy, access, utilities, fees and exceptions.
Key sections and requirements include:
Item #l : Zoning (p.4). This section clarifies that ADU's and JADU's are permitted in all residential zones (single family residential and multi-family residential).
Item#2: Construction of ADU's/JADU's (p. 4): Among other items, this section states that ADU's cannot be mobile homes, trailers and recreational vehicles are not permitted. -2-
Report to Firebaugh City Council (121512022)
Public Hearino for Accessorv no lJnit Ordinance
Item #3: Number of Units (p. 5): This section establishes that each lot zoned for single family residential development is eligible for up to one ADU and one JADU. Each lot zoned multifamily residential is eligible for a number of ADU's up to 25Yo of the number of multi-family units that can be developed on the subject lot. As an example, a multi-family lot eligible for 20 multi-family units could potentially have up to 5 ADU's.
Item #4: Yards (setbacks) (p. 5). This section establishes that ADU's and JADU's are subject to the setback requirements of the subject zone, exceptthat a detached ADU in a rear yard may come within 4 feet of a rear or side yard setback.
Item #5: Space Between Buildings (p. 6): This section is unchanged. It requires a minimum l0 foot distance between an ADU and the primary dwelling, and 6 feet between an ADU and an accessory building on the parcel (such as a shed).
Item #6: Building Height (p. 6): This section limits ADU's to one story, up to l6 feet high. The existing second unit ordinance allowed ADU's to be two stories, up to 25 feet high.
Item#7: Unit size (p. 6): This section establishes maximum (and minimum) sizes for detached and attached ADU's and also for JADU's.
For detached ADU's the maximum size ranges from 850 to 1,200 square feet and depends on the number of bedrooms proposed in the unit.
For an attached ADU the maximum size can be up to 50% of the floor area of the primary dwelling, not to exceed 800 square feet.
For a JADU, the maximum size is 500 square feet. For all ADU's and JADU's the section stipulates a minimum floor area of 220 square feet.
Item #8: Parking (p. 7): This section states that one parking space must be provided on the site for an ADU. This can be provided on an existing driveway in tandem with other existing parking spaces. State law does not allow the City to require any parking spaces for a JADU.
Item # 9: ArchitecturalAppearance (p. 7): This section is mostly unchanged and stipulates that an ADU and JADU must use similar materials, colors, windows, and roof pitch as the primary dwelling. The goal is to ensure that ADU's maintain the character of the site and the neighborhood.
Item #1 l: Occupancy (p. 8): For ADU's, changes in State law now prohibit the City from requiring the owner of the property to live on the site (as was required in the existing Second Unit ordinance). However, for a JADU, the owner must live in the primary dwelling on the lot. a
o
-3-
Report to Firebaugh City Council (1215120221
Public Hearino for Accessorv llino lJnit Ordinance
Item #12: Access (p. 8): This section is largely unchanged and requires the access (door) to an ADU or JADU not be visible from the street. This helps to maintain the character of single family residential neighborhoods.
Item #15: Connection. Impact and Other Fees (p. 9): Among other items, this section establishes that the City can impose impact fees on ADU's and JADU's. Impact fees are collected for the improvement of city utility systems and facilities, including water, sewer, storm drain, streets, police and fire, parks and general administration.
Plannins Commission Action
The Firebaugh Planning Commission conducted a workshop to review the draft ordinance on August 8,2022. On November 14,2022 the Commission conducted a public hearing to make a recommendation on the ordinance. Following discussion, the Commission voted unanimously to recommend adoption of the ordinance. While the Commission recognized the value of ADU's and JADU's as a source of needed affordable housing, they did voice concerns about potential negative impacts related to parking issues and also conversion of garages to become JADU's.
Citv-Sponsored ADU Blueprints
As previously shared with the City Council, the City has contracted with an architect to prepare construction -ready blueprints for three different ADU designs. These blueprints will be offered free of charge to residents interested in building an ADU on their property. The purpose is to ensure that ADU's constructed in Firebaugh exhibit a high degree of quality design and construction. The blueprints are nearing completion and should be ready for use in the next several months. The architect's work is being paid for by the State's "REAP" (Regional Early Action Plan) funding source.
Conclusion
As mentioned previously, the ADU ordinance is required by State law to promote the development of this form of housing as an affordable source of housing for existing future residents of Firebaugh.
ATTACHMENTS
Resofution 2022-05
-4-
Report to Firebaugh City Gouncil (1215120221
Public Hearino for Accessorv ino unit Ordinance
Attachment "A'o: Photo Samnles of AI)U's
-5-
Report to Firebaugh City Gouncil (1215120221
Public Hearino for Accessorv no lJnit Ordinance
Attachment "A": Photo Samnles of ADU's
-6-
ORDINANCE NO. 22.05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH AMENDTNG SUBSECTTON 25-15.3 (R-1 ZONE (PERMITTED USES), SUBSECTION 25-17.3 (R-1 (TN) ZONE (PERMTTTED USES)), SUBSECTION 2s-19.3 (R-2 Af[D R-3 zoNES (PERMTTTED USES)), AND 2s-4r.9 (SPECIAL USES (SECOND
RESIDENTIAL UNITS)) OF THE FIREBAUGH MUNICIPAL CODE, RELATING TO
ACCESSORY DWELLING UNITS
WHEREAS, State law requires cities to permit Accessory Dwelling Units in residential zones, with the purpose being to increase the supply of affordable housing units for residents of the City of Firebaugh, and
WHEREAS, Govemment Code Section 65852.2(a) allows local agencies to establish ordinances to ensure that Accessory Dwelling Units and Junior Accessory Dwelling Units can be established in a manner that protects the stability, property values and character of single family residential neighborhoods but that are not so arbitrary, excessive or burdensome so as to unreasonably restrict the ability of homeowners to create second units in residential zones where they are permitted, and
NOW THEREFORE, the City Council of the City of Firebaugh does ordain as follows Section 1. Subsection 25-15.3 (R-1 Zone (Permitted Uses)) of the Firebaugh Municipal Code is amended to read as follows:
25-15.3 Permitted Uses
The following uses are permitted by administrative approval, subject to development standards contained in this chapter.
Single-family dwellings, including conventional stick-built, and mobile homes/modular homes subject to design standards contained in Section 25-15.9 of this chapter.
Accessory buildings and structures, including garages, sheds and similar.
Swimming pools, subject to standards contained in Section 25-15.5 d. (Yard Setbacks) Home occupations, subject to standards contained in Chapter 25-4I (Special Uses) ffiAccessorv Dwelling Units (ADU's) and Junior Accessorv Dwelline Units) JADU's, subject to standards contained in Chapter 25-41.9 (Special Uses).
a.
b.
c.
d.
e.
7 c.
d.
Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
Section 2. Subsection 25-17.3 (R-1 (TN) Zone (Permitted Uses)) of the Firebaugh Municipal Code is amended to read as follows:
25-17.3 Permitted Uses
The following uses are permitted by administrative approval, subject to development standards contained in this chapter.
Single-family dwellings, including conventional stick-built, and mobile homes/modular homes subject to design standards contained in Section 25-15.9 of this chapter. a.
b. Accessory buildings and structures, including garages, swimming pools, sheds and similar.
Home occupations, subject to standards contained in Chapter 25-4I (Special Uses) @ccessorv Dwelling Units (ADU's) and Junior Accessorv
Dwelline Units) JADU's, subject to standards contained in Chapter 25-41.9 (Special Uses).
Section 3. Subsection 25-19.3 (R-2 and R-3 Zones (Permitted Uses)) of the Firebaugh Municipal Code is amended to read as follows:
S ingle-family dwellings, duplexes and tri-pl ex' s
Multi-family complexes.
Accessorv Dwelline Units (ADUos) and Junior Accessorv Dwellins Units (JADU's). subiect to standards contained in Chapter 25-4L.9 (Special Uses). d. e, Employee Housing, subject to the issuance of a permit by the State of Califomia Department of Housing and Community Development as provided in Califomia Health and Safety Code Sections 17021.5 and 17030. The permit shall be prominently displayed in the housing unit and shall be provided to any peace officer, City inspector or State inspector, upon demand."
e.4 Emergency Shelter." (R-3 zone only)
a.
b.
c.
f. e.
g.t
h. g:
Single Room Occupancy Units."
Supportive Housing.
Transitional Housing.
2 th
Ii'
k.t
Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
Home occupations subject to the requirements detailed in Chapter 25-41Special Uses.
Small day care homes
Mobile homes subject to design standards contained in Chapter 25-15 Single Family Residential.
L le Licensed group care homes (six or fewer persons)
m. L Drainage basins.
n. m:- Water well sites.
g: tu Utility facilities, including electrical substations, elevated pressure tanks, and communication equipment buildings, except for wireless telecommunications facilities. p: e; Model apartments and rental offices associated with the development of a multi-family development.
!L tr Incidental and accessory structures and uses located on the same site as the permitted use including private garages and carports; storage buildings; garden structures, greenhouses; and recreation rooms, hobby shops and swimming pools.
Temporary apartment rental office and signs consistent with Chapter 25-59 Siens.
E r; Enclosed temporary construction materials storage yards associated with the development of an apartment complex.
Section 5. Subsection 25-4T.9 (Special Uses (Second Residential Units)) of the Firebaugh Municipal Code is amended to read as follows:
25-41.9 ffi Accessorv Dwellins Units (ADU's) and Junior Accessorv Dwellins Units (JADU's)
^.
Purpose and intent. This section is intended to meet the requirements of State law in providing for Accessorv Dwelling Units ("ADUs") and Junior Accessorv Dwelling Units ("JADUs") as required bv and in compliance with Government Code sections 65852.2 and 65852.22. (as either mav be amended from time to time). The standards estahlished bv this section shall be and annlied consistent with the r.ft
standards set forth in Government Code sections 658522 and 65852.22.lf different or conflictins req ts or standards exist. the more
3 recuirements or
Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
standards shall - but onlv to the extent such reouirement or sfendard does not conflict with the requirements and standards provided in Government Code sections 65852.2 and65852.22.
standards ef the zene in whieh the tmit is leeated; and with the-requirernents sf this b. Determinations: ADUs and JADUS are residenfial uses- ADIIs and .IADUs that complv with this section are considered accessorv uses and accessorv buildings and therefore do not the allowable densitv for the lots which ADIIs and JADUs are located. ADUs and JADUs that complv with this section are considered to be consistent with the seneral nlan and zoning desisnations for the lot.
ADIIs and.IADUs- and the availabilitv to construct ADIIs and.IADtIs- will be counted for nurnoses of adeouate sites for housins in the s lfousins Elementc. Standards: ADUs and JADUs are subiect to the normal requirements of the zoning district where the ADU and/or JADU will be constructed. Unless otherwise stated in this section- the reouirements and standards of the T,onins Code (Chanter 2$ and the Buildins and Housins Code (Chapter 8) that applv to the lot and the primarv dwelling shall applv to anv ADU and/or JADU. including lot coverage" parking" heisht. setback. oDen sDace. and architectural review. and the requirements and standards that applv to detached dwellings and accessorv structures generallv.
All ADUs d/or.IADIis nevetepme* standffd shall be
established and maintained in conformity with the following standards:
1. Zoningz
ADUs and JADUs are allowed on sinsle-familv and multi-familv lots in all residential zoning districts. including mixed-use zones where residential uses are permitted. ADUs and JADUs are not permitted in nonresidential zoning districts 4 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
where residential are not allowed.
2. Construction of ADUs/JADUs
ADUs mav be cfed within or as an addition to an or nronosed sinslefamilv residential dwelling unit. or as a separate free-standing accessorv structure" or converted from an existing accessory structure. JADUs mav be constructed within an existing or proposed single-familv residential dwe[ing unit. ADUs and JADUs must be constructed consistent with development standards of the zone in which the unit is ted- and with the reouirements of this ADIIs mav be site-built or converted from existins or manrrfactured homes as defined bv Section 18007 of the Health and Safetv Code. Mobile homes. trailers and recreational vehicles not nermitted to be used as ADUs
3. Number of units
One (1) ADU and e (1).IADU are allowed ner sinsle familv residential lot. Lots with existing multifamilv dwellinss mav construct up to two (2) detached ADUs. or ADIIs rrn fo 25 nercenf of the nrrmher of o rnrrlfifemilv dwellino units in nonlivable snace (e.s.. rooms. boiler rooms. Dassaqewavs. attics- basements. or garaees).
4. Yards:
A second dwelling unit shall comply with yard requirements of the subiect zone&* Zene, except that a setback of four (4) feet from the side and rear lot lines is nermitted for a detached ADU.
5 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
5. Space between buildings:
A second detached dwelling unit shall be located no closer than l0 feet to any other residential building on the same parcel, and not less than six feet from any accessory building.
6. Building height:
ADU's shall be limited to one (1) storv and sixteen (L6) feet in heisht. Neseegnd inss
7. Unit size
X'or detached ADU's the s size restrictions annlv:
a. One bedroom unit: Unit mav contain up to 850 square feet of floor area" maximum.
b. Two bedroom IJnit mav contain uo to 1.000 souare feet offloor areamaxlmum. c. More than two bedrooms: Unit mav un to 7-200 souare feet of floor area. maximum.
For attached ADUos the maximum nermitted size is 50 t offhe floor area of the nrimarv dwellins unit. un to 800 souare feet. maximum.
Notwithstanding the foregoing standards. an ADU (whether detached or attached) shall not be less than220 square feet in size.
For a JADU the nermitted size is 500 souare feet of floor area- B'urther. a JADU shall not be less zn 220 souare feet in size.
6 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
feefelflesr-area
8. Parking:
Thereshallbeonepavedon-siteparkingSpacefor@anADU.
(excent as allowed bv Government Code section 65852-2(z\ or (d))- Additional parkins is not required for JADUs. The required parking space shall be a minimum of nine feet wide and20 feet deep and constructed to City standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the ADU @ may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate ag{DU seeer*#u+i+, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two parking spaces side by side; however, said parking space may be located within required side or rear yards. Thqe shall be no eenversien ef a gmage ef a primry dwelling unit r*e a seeene eweUl
@
9. Architectural appearance:
TheADU's@scale,appearanceandcharactersha11besimi1arto
and compatible in design with the primary dwelling unit in terms of siding materials and color, window types, roofing pitch and materials.
If
attached to the primary dwelling unit, a second dwelling unit shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.
10. Building Code
A second dwelling unit shall be subject to all applicable building, fire, health and safety codes.
7 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
11. Occupancy:
A certificate of occupancy must be issued for the primarv dwellinq unit before a certificate of occunancv is issued for an ADU or .IADII on the lot. Owneroccupancv is not uired for ADUs. uni+s= Owner-occuDancv reouired for a sinsle-familv residence with a.IADII. The owner of the subiect proper8 at the time of the application for a JADU and all future owners of the propertv shall reside in the single-familv residence or JADU.
A covenant, in a form approved by the City Attorney, running with the land between the City and the applicant shall be recorded with the Fresno County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed JADU @shall be occupied by the owner of the property.
An ADU or JADU mav be rented separate from the primarv residence" but mav not be sold or otherwise conveyed separate from the primarv residence. unless authorized bv Code section 65852.26. Rentals of s and/or JADUs must be for at least 30 davs.
12. Access:
In order to preclude the appearance of a duplex unit, access to ADU's and JADU's the @shallbebyanexteriordoorway1ocatedonthesideorrearofthe
ADU or JADU. @. In no case shall the entrance be visible from a public street right-of-way.
13. Utilities
Adeouate shall he made for the water and sewer and drainase eenerated bv the occupancv of the ADU/JADU. as determined bv the Citv Engineer. The ADU/JADU can either have shared or separate services for electric. gas. sewer. and water. A seeond dwelling unit shall be previded with water; sewer; artd 8 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
14. Existing dwellings:
An ADU @ existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the ADU @ meets the standards of this subsection or the ADU seeen+ewe+ing unit qualifies as a permitted nonconforming use under $ 25-61 (Nonconforming Uses and Structures) of this title.
15. Connection.Impact. and other Fees
Exceot as nrovided Government Code sections 65852.2 andl 65*52-22^ ADIIs and JADUs are subiect to all fees and assessments required bv the Municipal Code for new residential construction. including connection fees. capacity charges. and impact fees.
An inspection fee shall be assessed for anv inspection to determine if an ADU or JADU complies with applicable buildins standards.
I6. Exceptions
All of the standards nrovided in this Section mav be relaxed waived in order to allow construction of an attached or detached ADU that not more than 800 souare feet and not than 16 feet in heisht with at least r-foot side and rear vard setbacks, provided that the ADU is constructed in compliance with all Fire and Buildins and Housing Code requirements and standards of the Zoning Code. (See Government Code section 65852.2(c).)
ADUs and/or descrihed in Government Code 65852-2(e) shall tre permitted.
17. Permit process:
The applicant shall submit a building permit application for the construction of a4:!plU and/or JADU @. An application" together with the required fee in comnliance with the Citv's tr'ee Schedule. shall be filed with the Denartment and accomDanied bv detailed and fullv dimensioned nlans. architectural drawings/sketches. elevations. floor plans. landscape plans. and/or anv other 9 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
data/materials identified in the Department handout for ADU/JADU applications.
Following receipt of a completed application. the Planning Director or his designee shall review the application to determine whether it complies with the requirements of this section and ministeriallv approve a compliant application.
A nermit annlication for an ADU or a JADII shall he considered and annroved ministeriallv discretionarv review or a hearins. The Citv shall act on the annlication to an ADU or a JADU within 60 davs. If nermit annlication to develop an ADU or a JADU is submitted with a permit application to construct a new single-familv dwelling on the lot. the Citv mav delav acting on the permit annlication for the ADU or the JADU the Citv acts on the nermit annlication to construct the new single-familv dwelling. The applicant may request a delav in the time available for the Citv to act on the aonlication. as bv State law.
Section 6. Severability
The City Council hereby declares that it would have adopted this section and adopted each article, subsection, sentence, clause or phrase thereof, irrespective ofthe fact that any one or more articles, subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
Ifany article, subsection, sentence, clause or phrase ofthis section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this section. The Director shall apply this section as though any invalid or unconstitutional article, subsection, sentence, clause or phrase were not included in this section.
10 Firebaugh City Council
Ordinance No. 2022-05: ADU Ordinance
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Firebaugh on December 5,2022, and was passed and adopted at aregular meeting of the City Council on (date) by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
APPROVED
Brady Jenkins, Mayor
City of Firebaugh
ATTEST:
Rita Lozano, Deputy City Clerk
City of Firebaugh
LL
RESOLUTION NO.22-56
A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING THE .CITY'S SPENDING PLAN AND APPROPRIATION FOR THE ALLOCATION OF'AMERICAN RESCUE PLAN ACT CORONAVIRUS AND LOCAL FISCAL RECOVERY FI.II\DS WHEREAS, on March 19,2020, the Governor of California issued a statewide Executive Order, N33-20, which required Californians to remain at their home or place of residence, except as necessary to carry out essential activities; and
WHEREAS, the COVID-l9 pandemic has had continued impacts to the economic wellbeing of the local community and the city has continued to provide an on-going response to this pandemic locally; and
WHEREAS, The American Rescue Plan Act of 2021(ARPA) was signed by the President on March lI,202l.Part of this package includes the Coronavirus State and Local Fiscal Recovery Fund (CSLFR), which provides approximately $350 billion in new federal fiscal assistance for states, territories, tribes, counties, and municipalities; and
WHEREAS, The City is entitled to $1,984,580 under the State and Local Fiscal Recovery Fund, which expenditures are limited to respond to the COVID-l9 pandemic and its negative health and economic impacts;and
WHEREAS, since the adoption of the City's Fiscal Year 2022-2023 budget, the city received its first installment from ARPA; and
WHEREAS, staff is requesting approval to appropriate $1,984,580 in ARPA funding for premium pay for workers performing essential work during the pandemic, personal protective equipment for the City of Firebaugh Fire Department, a backup generator for the Fire Department, various expenses related to the Police Department, funding the City's Fagade Grant Program, and installation of sewer and water lines.
NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Firebaugh as follows:
The City of Firebaugh directs staff to:
1. rJtllize $220,000 from the ARPA funding for premium pay. The premium pay will be for City employees and Fire Department volunteers, for hours worked in-person, during the declared pandemic, from June 26, 2021, through September 30, 2022. This will exclude any hours that an employee or volunteer was off work, regardless of whether they were paid or unpaid, and it will also exclude any time teleworked, in accordance with ARPA guidelines. The City's rollup costs are computed by the following breakdown: FICA 6.20%, and Medicare at 1.45% per position, per lump sum pay.
Recipients of the premium pay must be employed by the city or a volunteer with the Fire Department as of December 05,2022,to receive the premiumpay.A full accounting of the premiumpay and rollup costs are provided in Exhibit "A."
2. Utilize $47,000 from the ARPA funding to purchase Medical / Safety supplies, legal fees, and other administrative costs. This expenditure is consistent with the ARPA guidelines, which permit coverage for purchases of personal protective equipment necessary for COVID-19 mitigation.
3. Utilize $145,000 fromthe ARPA funding to completepurchase of an emergency generator forthe Fire Department. This expenditure is consistent with ARPA guidelines which permit funding for COVID19 mitigation measures in health care settings, assisted living settings, and other congregant living facilities requiring backup power for ventilation and other types of mitigation equipment.
4. IJtilize $187,3000 from the ARPA funding to cover expenditures associated with Police Department.
This will purchase a new Radio Dispatch communication system at atotal cost of $147,000. The Radio Dispatch system will be funded by a USDA grant of $75,000 and $72,000 in ARPA funding.
New cameras to be purchased at a cost of $60,000 to be placed throughout the Police Station, Parks, and water Stations. New HVAC units for Police Department at a cost of $55,300' These expenses are consistent with the ARPA guidelines, which support funding allocations for investment in infrastructure and economic recovery and spending on impacted government services.
5. Utilize $80,000 from the ARPA to fund Fagade Grant Program. The program will provide business and property owners with matching grants to improve their storefronts and enhance the city's retail market. Under the Fagade Grant Program, business and property owners may be eligible for matching grants up to $5,000 for exterior painting, new awnings, and signs. This is consistent with the ARPA guidelines, which support funding allocations for investment in infrastructure and economic recovery and assistance to impacted small businesses.
6. IJtilize $80,000 from the ARPA funding to secure a firm to assist the city for Retail Recruitment and Retention strategy. This firm will assist to develop the type of retail needed and to better understand how to successfully draw in those retailers needed by the city. This is consistent with the ARPA guidelines, which support funding allocations for economic development efforts.
7. Utilize $446,000 from the ARPA funding to cover expenditures associated with installation of replacing sewer lines, 2 sewer manholes, installing waterlines and reconstructing of valley gutter and repaving the alley located between "O" Street and HWY 33. This is consistent with the ARPA guidelines, which support funding allocations for investment in water and sewer infrastructure.
The foregoing resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 5th day of December 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Brady Jenkins, Mayor Rita Lozano, Deputy City Clerk
EXHIBIT 66A''
Rate
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
$2.08
Total Salaries
5,300.00
5,400.00
1,800.00
5,200.00
5,300.00
5,200.00
5,200.00
300.00
5,500.00
5,500.00
2,200.00
500.00
5,100.00
4,300.00
5,500.00
5,500.00
5,500.00
5,400.00
5,500.00
5,300.00
3,800.00
3,400.00
1,300.00
5,500.00
4,400.00
1,300.00
2,200.00
5,400.00
5,500.00
4,600.00
2,800.00
100.00
5,500.00
3,000.00
2,600.00
5,300.00
2,500.00
1,100.00
5,500.00
5,400.00
5,400.00
5,200.00
3,300.00
5.300.00
$179,900.00
FICA
328.60
334.80
I 11.60
322.40
328.60
322.40
322.40
18.60 341.00
341.00
136.40
31.00 3t6.20
266.60
341.00
341.00
341.00
334.80
341.00
328.60
23s.60
210.80
80.60 341.00
272.80
80.60 t36.40
334.80
341.00
285.20
t73.60
6.20 34r.00
186.00
t6t.20
328.60
155.00
8.20 341.00
334.80
334.80
322.40
204.60
328.60
$11,153.80
Medicare
76.85 78.30
26.t0
75.40 76.8s
75.40 75.40
4.35 79.75
79.75 31.90
7.25 73.95
62.35 79.75
79.75 79.75
78.30 79.75
76.8s
55.1 0
49.30 18.85
79.75 63.80
18.85 31.90
78.30 79.7s
66.70 40.60
r.45
79.7s
43.50 37.70
76.85 36.25
1s.95
79.75 78.30
78.30 75.40
47.85 76.85
$2,608.55
Total Salaries dTaxes
$5,705.45
$5,813.10
$1,937.70
$5,597.80
$5,705.45
$5,597.80
$5,597.80
$322.9s
$5,920.75
$5,920.75
$2,368.30
$s38.2s
$5,490.15
$4,628.95
$5,920.75
$5,920.75
$5,920.75
$5,813.10
$5,920.75
$5,705.45
$4,090.70
$3,660.10
$1,399.45
s5,920.75
$4,736.60
$1,399.45
$2,368.30
$5,813.10
$5,920.75
$4,951.90
$3,014.20
$107.6s
$5,920.15
$3,229.50
$2,798.90
$5,705.45
$2,691.25
$1,184.15
s5,920.75
$5,813.10
$5,813.10
$5,597.80
$3,552.45
$5.70s.4s
$193,662.35 Total Salaries w/Taxes
$21.500.00 Fire Department
Vl5-1@-35 Grand Total PaY
Period June 26-July 09, 2021, Thru Sept. 17 - Sept. 30, 2022 - $5,500.00 Maximum Payment City of Firebaugh Public works Department
Staff Report
To:
From:
Date:
Mayor Brady Jenkins and City Council Members
Michael Molina, Public Works Director
December 5,2022, Council Meeting - Bi-Weekly Staff Report Water/Wastewater
The operation department has been working on the following:
L Day to day operations of treatment plants.
2. Responding to sewer plugs and service leaks.
3. lnstalled new pump at Del Rio #2 lift station.
Streets
The Street Department has been working on the following:
L. The PW crew continue performed pothole repair.
2. Repairing streetlights.
3. Putting Christmas decorations up and preparing for the city's annual parade and tree lighting.
Parks
The Crew has been working on the following
L. Began picking up leaves in the parks and around city facilities
2. Day to day maintenance of the parks.
Citv Proiects:
L. RedStone has begun replacing the sewer line on the 8th street project.
2. Work on new CIP with Mario and Ben.
NOTE: lwill be on vacation December 7-1"5, but l'll be available by phone if you need anything.
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
Mayor and Council Members
Rita Lozano, Deputy City Clerk
November 07,2022
Staff Report
INFORMATION
As the City Council of the City of Firebaugh re-organizes, I want to provide some helpful information in my staff reports for reference.
AGENDA ITEMS
Do you have something that needs City Council discussion and approval? Residents may complete a form to get on the Council's meeting agenda.
The Firebaugh City Council would like you to know that the public is always welcome and encouraged to attend City Council Meetings. A "Public Input" section is observed during every meeting.
ALL Agenda Items from staff, consultants and other public members MUST BE received at City Hall NO LATER than noon on the Wednesdav prior to the desired regularly scheduled meeting, per resolution 17-16, see attached. Meetings are held the lstand 3rdMondays of each month at 6:00 pm, except on holidays
SPECIAL MEETINGS
With the holidays coming up, Council may require a special meeting to be set, which is quite limited.
Special meeting may only be held if certain criteria is met. Special meetings are, well, special. According to Robert's Rules, special meetings can be called only if 1) something important comes up thatmr.rsfbe dealt with before the next rezular meetine. or 2) some particular business matter(s) is important enoueh that it needs to be the exclusive reason for the entire meetinq. Addition certain items can't be discussed at a special meeting. Per California Code, Govemment Code - GOV $ 54954.6, a sunmary is attached for review and provides more details. The Brown Act requires that Special Meeting agendas be posted 24 hours in advance. Special meetings are not a safety net for regular meefings that did not get posted on time. For example, if you missed the 72-hour agenda deadline for a regular meeting, you cannot simply relabel it as a oospecial meeting" in order to shorten the posting deadline to 24 hours.
TRAINING
I will be attending the League of Cities City Clerks New Law and Elections Seminar, December 7-9,2022 RESOLUTION 17.16
A R-ESOLUTION OF THE CITY OF FIREBAUGH ADOPTING A POLICY OF A
SCHEDULED DEADLINE FOR SUBMITTAL OF CITY COUNCIL AGENDA ITEMS PRIOR TO ITS REGULARLY.SCHEDULED MEETING
WIIEREAS, the City has, at various times, had the need to require a scheduled deadline for submittal of agenda items prior to its regularly-scheduled Council meetings; and
WHEREAS, the Council desires to adopt a current policy regarding setting a scheduled deadline for submittal of agenda items so that all staff members may have enough time to review and prepare for said items in keeping with good management practices.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Firebaugh hereby adopts a policy requiring that all City Council Agenda items and supporting materials should be submitted to the Deputy City Clerk no later Wednesday noon prior to the next regularly-scheduled Council meeting.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 3'd day of April, 2A77, by the following vote:
AYES: Valdez, Sablan, Lopezo P erez,, Jenkins
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
uJ"
Brady J Lozano, City
City of F
SPECIAL MEETINGS
Special Meetings are held to deal with specific business so urqent it cannot wait till the next reqularlv scheduled meetinq. The Brown Act requires that Special Meeting agendas be posted 24 hours in advance. Special meetings are not a safety net for regular meetings that did not get posted on time. For example, if you missed the 72-hour agenda deadline for a regular meeting, you cannot simply re-label it as a "special meeting" in order to shorten the posting deadline to 24 hours. You must reschedule the meeting for a day and time different from when the regular meeting would have been held.
Special meetinqs are. well. specra/, According to Robert's Rules, they're called only if 1) somethinq imoortant comes uo that musf be with before the next reoular meetino. or 2) some particular business matter(s) is important enough that it needs to be the exclusive reason for the entire meetinq.
Galling a special meeting
lf you need to have a meeting before the next regular meeting, be sure that it's important and can't wait.
And don't try to cover anything more than what is absolutely necessary. Write your notice, include the pertinent details, and get out the notice as far in advance as you can.
GA Govt Code S 54956 (2017)
(a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency's lnternet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed.
No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram.
The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.
(b) Notwithstanding any other law, a leqislative bodv shall not call a special meetinq reqardinq the salaries. salarv schedules. or compensation paid in the form of frinqe benefits. of a local aqencv executive. as defined in subdivision (d) of Section 351 1 .1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency's budget. (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's lnternet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(Amended by Sfafs. 2011 , Ch. 692, Sec. 9. (AB 1344) Effective January 1 , 2012.)