• A residential hospice, or a home-health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
A single cannabis dispensary is permitted for commercial cannabis operations if allowed by the terms of a regulatory permit at a site approved by the city for that purpose. (Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020)
18.55.070 Limited commercial cannabis operations pursuant to regulatory permit.
Notwithstanding the prohibition on commercial cannabis operations set forth in Section 18.55.050, and the limitations upon the cultivation of cannabis set forth in Sections 18.55.030 and 18.55.040, commercial cannabis operations may be allowed as set forth in this section.
A. Purpose. The purpose of this section is to allow limited commercial cannabis operations in the City of Parlier as may be permitted under the Medicinal and Adult Use Cannabis Regulation and Safety Act ("'MAUCRSA" or "Act") and to adopt local regulations applicable to those operations.
B. Permitted Uses. Business owners meeting the requirements of this section shall be eligible to apply for a regulatory permit to conduct the following commercial cannabis operations, as may be approved by the city council at its discretion:
• Cultivation.
Processing.
Extraction.
Manufacturing.
Testing.
Distribution.
Transportation.
1. The regulatory permit issued pursuant to this section shall specify whether the commercial cannabis operation shall be limited to medical cannabis.
2. The regulatory permit issued pursuant to this section shall specify the precise commercial cannabis operation, by clear description and, when appropriate, shall reference the license type specified in the Act for which a state license is being sought.
3. The commercial cannabis operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing commercial cannabis operations.
4. Dispensaries are allowed as permitted by a regulatory permit at a site approved by the city.
5. The city council retains the discretion to deny a regulatory permit or limit a regulatory permit to specified commercial cannabis operations.
c. Minimum Operational Requirements and Restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:
1. The Act and Other State Laws. The commercial cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all state license(s) required under the Act, and any other applicable state law.
The operator shall obtain all licenses required under the Act prior to opening for business.
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2. Register of Employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be made available to the police chief at all times immediately upon request.
Signage. Except as may be approved pursuant to a regulatory permit, there shall be no signage or markings on the premises or off-site that in any way evidence that commercial cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.
4. Cannabis Consumption. No cannabis or cannabis product shall be smoked, ingested or otherwise consumed on the premises. Prominent signage of this prohibition shall be displayed throughout the facility.
5. Alcoholic Beverages. No commercial cannabis operation shall hold or maintain a retail license from the state department of alcohol beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.
6. Transportation. Transportation shall be permitted, so long as consistent with state law.
7. Deliveries. Deliveries of cannabis or cannabis-containing products, or distribution of the same from the premises shall be permitted so long as it is consistent with state law.
8. Non-Commercial Cannabis Activity. No non-commercial or recreational marijuana activity shall occur on the premises.
9. Retail Sales. The retail sale of cannabis shall be permitted, so long as consistent with state law and this chapter.
10. Public Access. There shall be no public access to the premises. Public access is allowed for the dispensary allowed by a regulatory permit at a site approved by the city.
11. Minors. It shall be unlawful for any operator to employ any person who is not at least twenty-one years of age.
12. Distance Separation from Schools, Daycare Centers and Youth Centers. A commercial cannabis operation shall not be located within one thousand feet from any existing school, daycare center or youth center as defined by state law, nor from a proposed school site as identified in the general plan. Measurements shall be from property boundary to property boundary. For purposes of this section, "school" means any public or private school providing instruction ir kindergarten or grades 1-12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
13. Hours of Operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.
14. Building and Related Codes. The cannabis operation shall be subject to the following requirements:
a. The premises in which the commercial cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.
b. The responsible party shall ensure that the premises has sufficient electrical load for the commercial cannabis operations.
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c. To the extent permitted by the Act, butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Fresno County Fire Protection District, or other qualified agency retained by the city, shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement. Such inspection shall be at the business owner's expense.
d. The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the Commercial Cannabis Operations.
The operator shall comply with all environmental laws and regulations pertaining to the commercial cannabis operations, including the storage, use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.
Odor Control. Business owner shall provide an odor-absorbing ventilation and exhaust system, so that odor generated inside the facility that is distinctive to its commercial cannabis operations is not detected outside the premises, outside the building housing the commercial cannabis operations, or anywhere on adjacent property or public rights-of-way. Accordingly, business owner must install and maintain the following equipment or any other equipment which the city's building official determines has the same or better effectiveness:
An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally;
b. An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility; or
This subsection shall not apply to outdoor commercial cannabis cultivation activities. That notwithstanding, the city council may, as a condition to issuance of a cannabis regulatory permit, require an applicant to provide all feasible measures or mechanisms to reduce the detectability of odors off the premises.
16. Consumable Products. Commercial cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain all appropriate approvals from the state and county departments of public health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.
17. Secure Building. Except as part of an approved cannabis regulatory permit, all commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. Notwithstanding the foregoing, the roof may be of solid non-opaque material, provided other security measures exist to ensure that the commercial cannabis operation cannot be seen, heard or smeiled beyond the property line.
The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures). The precise building construction parameters and materials to be used shall be identified and provided with the application to the city prior to construction.
a. This subsection shall not apply to outdoor commercial cannabis cultivation activities.
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mechanisms deemed necessary to obscure visibility from off the premises, to reduce noise, and to reduce offsite odors.
18. Premises Security. The following security conditions shall apply:
a. Alarm system (including perimeter, fire and panic).
b. Remote monitoring of alarm systems.
C. Perimeter lighting systems (motion sensor) for after-hours security. d. Perimeter security and lighting as approved by the police chief. e. Use of drive gates with card key access or similar to access the facility. f. Entrance areas to be locked at all times, and under the control of a designated responsible party.
g. Use of access-control systems to limit access to grow and processing areas. h. Exterior and interior camera systems approved by the police chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points to the site from the interior, and be of a minimum five mega-pixel resolution. i. All security systems at the site are attached to an uninterruptable power supply providing twenty-four-hour power.
j. Twenty-four-hour security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the police chief. All current contact information regarding the security company shall be provided to the police k. Parlier police department or department designee shall have access to all security systems.
1. Internet protocol ("IP") access for remote monitoring of security cameras by the Parlier Police Department or a department designee upon request. m. Any and all video or audio tape recordings made for security purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of at least thirty days and must be made available to the Parlier Police Department or department designee for duplication upon demand. In addition, upon request by the Parlier Police Department, the responsible party shall duplicate the records for the Parlier Police Department or the department designee.
n. Hardened bullet-resistant windows for exterior windows as part of any new or existing construction.
Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.
p. Electronic track-and-trace systems for cannabis products as required by the Act and state regulations.
4. The city may inspect the premises and audit the records of the commercial cannabis operations for compliance on a quarterly basis.
r. Security protocols and equipment need to be in place to protect computer information. s. The foregoing premises security requirements shall be approved by the police chief prior to commencing operations. The police chief may supplement these security requirements Created: 2022-08-25 12:02:33 [EST]
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once operations begin, subject to review by the city council if requested by the business owner.
19. Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:
a. Deliveries of supplies to the premises shall only occur as provided for in diagram and floor plans on file with the city as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a cannabis operation. b. The transportation of cannabis samples and/or products to and from the premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and/or products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the police chief.
20. Premises Maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public. The premises or commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.
Location of Uses. The commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. The commercial cannabis operation shall not operate at any location other than as stated in the regulatory permit.
D. Commercial Cannabis Operation Regulatory Permit. No person or entity shall operate a commercial cannabis operation within the City of Parlier without first obtaining a commercial cannabis regulatory permit from the city. The regulatory permit shall be site-specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the regulatory permit. The issuance of a regulatory permit shall be at the discretion of the city council.
E. Applications for Regulatory Permits and Responsible Party Designation.
1. Application. Applicants for regulatory permits shall file their applications with the police chief and shall include the information set forth herein. The police chief may request such additional information he or she deems necessary to determine who the applicant is and what activity may be permitted. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator, all responsible parties known at the time (if different than the business owner), and any other party designated below:
a. The full name, present address, and telephone number. b. Date of birth.
c. Tax identification number.
d. The address to which notices relating to the application are to be mailed. e. Previous addresses for the five years immediately preceding the submission of the application.
f. His or her height, weight, and color of eyes and hair. g. Photographs for identification purposes (photographs shall be taken by the police department).
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h. All business, occupation, or employment for the five years immediately preceding the submission of the application.
i. The commercial cannabis operation business history, including whether the business owner and responsible parties, while previously operating in this or another city, county or state, has had a cannabis-related license revoked or suspended, the reason therefore, and the business, activity or occupation subsequent to such suspension or revocation. j. Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application must be accompanied with a notarized acknowledgment from the premises owner that commercial cannabis operations are authorized to occur on the premises.
A descriptive business plan for the commercial cannabis operation, including a detailed list of all commercial cannabis operations proposed to occur on the premises.
A diagram and floor plan of the entire premises, denoting all the use of areas proposed for commercial cannabis operations, including, but not limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
m. The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the city, twenty- four hours per day. The contact information of the operator and responsible parties shall be provided to the police chief and updated within twenty-four hours of any changes. n. The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.
o. An accurate straight-line drawing prepared within thirty days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the operational requirements. p. Authorization for the city and its agents and employees to seek verification of the information submitted.
2. Improper or Incomplete Application. If the applicant has completed the application improperly, or if the application is incomplete, the police chief shall, within thirty days of receipt of the original application, notify the applicant of such fact.
3. Changes in Information. Except as otherwise provided, the information required by this subsection E shall be updated with the police chief upon any change within ten calendar days Other Permits or Licenses. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit.
F. Employee Permits.
1. Permit Required. Every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a commercial cannabis operation, except for venders and certificated common carriers, shall obtain an employee permit.
It shall be the duty of the operator to ensure that employee permits are obtained from the police department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee Created: 2022-08-25 12:02:33 [EST]
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permit, if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.
2. Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so the police department can perform a background check:
a. Name, current residence address, and telephone number. b. Date of birth.
C. Tax identification number.
d. His or her height, weight, and color of eyes and hair. e. Photographs for identification purposes (photographs shall be taken by the police department).
f. Fingerprinted by the police department.
g. Such other identification and information as deemed necessary by the police chief and pertinent to the employee permit.
h. Authorization for the city and its agents and employees to seek verification of the information contained within the application.
i. The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.
G. Application Fees. Every application for a regulatory permit, employee permit, or employee permit renewal shall be accompanied by a nonrefundable fee, as established by resolution of the city council.
This fee shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks, and the general review and processing of the application.
As an alternative to the regulatory permit fee, the city and applicant may enter into a specific project processing costs agreement.
H. Investigation and Action on Application.
1. Upon the filing of a properly-completed application and the payment of the fee, the police chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Parlier Police Department.
2. For regulatory permits, after the background checks and investigation are complete, and in no case later than one hundred twenty days after receipt of a properly completed application, the police chief shall issue a recommendation that the city council approve or deny a regulatory permit in accordance with the provision of this section. The recommendation for approval shall include conditions the police chief deems reasonable under the circumstances to protect the public health, safety, and weifare of the community. The recommendation shall be forwarded to the city council for action following any required noticing and public hearings, and may be processed concurrently with any other development application(s) necessary for the commercial cannabis operation.
3. For employee permits, after the background checks and investigation are complete, and in ni case later than thirty days after receipt of a properly-completed application, the police chief shal Created: 2022-08-25 12:02:33 [EST]
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either approve or deny an employee permit. At the discretion of the police chief, employee permits may be conditionally approved pending the background investigation.
Term of Permits and Renewals. Employee permits issued under this section shall expire one year following the date of issuance. Applications for renewal shall be made at least forty-five days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than forty-five days before the expiration date, the expiration of the permit will not be stayed.
J. Grounds for Denial of Regulatory Permit. The city council may in its sole discretion deny a regulatory permit or limit a regulatory permit to specified uses. When considering whether to deny or limit a regulatory permit, the council shall consider the following:
1. Whether the business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule, or regulation.
Whether the business owner or operator has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state; whether that permit was suspended or revoked; and whether the business owner or operator has had a disciplinary action relating to the permit.
3. Whether the business owner or operator has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.
4. Whether the business owner or operator, or any responsible person, has been:
a. Convicted of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code;
b. Convicted of a serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code;
C. Convicted of a felony involving fraud, deceit, or embezzlement; d. Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
e. Convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code;
f. Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code;
Sanctioned by a licensing authority or a city, county, or a city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the city.
A conviction for any controlled substance felony subsequent to permitting shall be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit.
A "conviction" within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendre.
5. Whether the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
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6. Whether the business owner or operator is under eighteen years of age, or any older other age set by the state.
7. Whether the cannabis operation complies with the zoning ordinance or development standards of the City of Parlier.
8. Whether the required business license fee, annual regulatory fee, revenue raising fee, or other city fees and/or taxes have been paid.
9. Such other grounds the council determines are reasonable.
K. Grounds for Denial of Employee Permit. The grounds for denial of an employee permit shall be one or more of the following:
1. The applicant has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.
2. The applicant has been:
a. Convicted of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code;
b. Convicted of a serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code;
C. Convicted of a felony involving fraud, deceit, or embezzlement; d. Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
e. Convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code;
f. Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code;
g. Sanctioned by a licensing authority or a city, county, or city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the city.
The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
4. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.
An applicant is under eighteen years of age, or any older age set by the state.
L. Notice of Decision and Final Action.
1. Regulatory Permit. Action on the regulatory permit shall be as follows:
a. The police chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the city council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.
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Following a public hearing, the council may grant the regulatory permit, limit the regulatory permit to specified uses, or deny the issuance of the regulatory permit for any of the grounds specified in this section. In granting a regulatory permit, the council may impose such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The decision of the council shall be final, subject to judicial review below.
2. Employee Permit. Action on the employee permit shall be as follows: The police chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The police chief's decision on an employee permit shall be final.
M. Suspension and Revocation of Regulatory Permit or Employee Permit.
1. Regulatory Permit. The city council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:
a. The commercial cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable law.
b. The commercial cannabis operation is conducted in such a manner as to create a risk of danger to the public health or safety.
c. A failure to pay the regulatory fee, the revenue raising fee, or all city taxes as required. d. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.
e. A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.
f.
Any act which would be considered grounds for denial of the regulatory permit in the first instance.
2. Employee Permit. The police chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:
a. Any act which would be considered a ground for denial of the permit in the first instance. b. Violates any provision of this section, the Act, or any other applicable law relating to the cannabis operation.
c. Violates or fails to comply with the terms and conditions of the employee permit.
3. Procedures for Revoking Regulatory Permits. For regulatory permits, the procedures for revokin onditional use permits shall be utilized, except that the matter shall be heard by the city counci in the first stance.
4. Procedures for Revoking Employee Permits. Prior to suspension or revocation of an employee rmit, the police chief shall conduct a hearing. Written notice of the time and place of su. arine shall be served upon the permittee at least five calendar days prior to the date set fi such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid to the last known address. Any permittee aggrieved by the decision of the police chief to suspend or revoke an employee permit shall have no appeal rights and the police chief's decision shall be final, subject to judicial review as set forth in this section.
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5. Immediate Suspension. The police chief may immediately suspend or revoke a regulatory permit or an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under the following circumstances:
a. The business owner, operator or responsible party is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.
b. The police chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The police chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.
N. Effect of Denial or Revocation. When the city council shall have denied or revoked a regulatory permit, or the police chief shall have denied or revoked an employee permit, no new application for a regulatory permit or an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the Regulatory Permit or Employee Permit.
0. Abandonment. A regulatory permit shall be deemed abandoned if commercial cannabis operations cease for a period of more than ninety consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety-day period shall be tolled during periods of force majeure, which shall be defined as follows: War; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.
P. Fees and Taxes. All commercial cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:
1. Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by Title 5, Chapter 5.04, of the Parlier Municipal Code pertaining to business licensing.
2. Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the fee shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.
3. Revenue Raising Fee. An annual revenue raising fee ("revenue raising fee") for the privilege of having the right to operate in the city.
a. Revenue Raising Fee Finding. The city council specifically finds that it is approving this chapter allowing commercial cannabis operations to operate in the city with the express understanding that the business will pay the revenue raising fee to the city as set forth herein, and that without the revenue raising fee, the city council would not have adopted the ordinance codified in this chapter allowing commercial cannabis operations to operate in the city. By opening a commercial cannabis operation in the city, the premise owner, business owner, operator, and all responsible parties agree that, if the revenue raising fee Created: 2022-08-25 12:02:33 [EST]
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is challenged by any one of them or a third party and set aside, the business must cease operation.
b. Amount of Fee and Terms of Payment. The revenue raising fee shall be as follows:
i. An annual fee of ten dollars per square foot for the first five thousand square feet, which shall be the minimum annual fee for all commercial cannabis operations; seven dollars per square foot for the next five thousand one to twenty thousand square feet; five dollars per square foot for the next twenty thousand one to forty thousand square feet; and two dollars per square foot for all remaining space utilized in connection with each commercial cannabis operation. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). The total under-canopy square footage shall be included in the square footage calculation.
ii. In the alternative to subdivision (b)(i) above, the revenue raising fee shall equal three percent of gross receipts of the commercial cannabis operation, if that amount is greater than the fee calculated using the formula set forth in subdivision (b)(i).
C. If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the revenue raising fee. The revenue raising fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall not be prorated, and in no event shall the first payment be less that the equivalent of one full quarterly payment. All quarterly payments shall be received by the city before the end of the quarter. d. Alternative Voter-Approved Tax. If the voters of the city approve a tax on commercial cannabis operations, the business owner shall pay that tax in lieu of the revenue raising fee, once the city begins to collect the tax revenue.
Recordkeeping. The responsible party shall make and maintain complete, accurate, and legible records of the permitted commercial cannabis operations evidencing compliance with the requirements of this section. Those records shall be maintained for a minimum of five years.
Inspection. Commercial cannabis operations shall be open for inspection by any city law enforcement officer, city code enforcement officer, or city financial auditor or their designees at any time the commercial cannabis operation is operating, at any other time upon responding to a call for service related to the property where the commercial cannabis operations is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis operation shall be made immediately available to the police chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.
S. Indemnification. In authorizing commercial cannabis operations under this section, the city makes no guarantees or promises as to the lawfulness of the approved activity under state or federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws and regulations. To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to the adoption of this ordinance or the operation of any commercial cannabis operation approved pursuant to this chapter, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the Created: 2022-08-25 12:02:33 [EST]
(Supp. No. 17)
city, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal government. An adverse determination could include cessation of operations.
The business owner agrees to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this chapter. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the permittee of its obligation hereunder.
If requested by the city attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.
(Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020; Ord. No. 2021-02, § 1, 5-20-2021)
18.55.080 Regulations applicable to the consumption of marijuana.
No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the City of Parlier, unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings, unless those buildings are at all times fully enclosed during the consumption.
Medical marijuana may also be consumed within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.
All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.
(Ord. No. 2017-03, § 5, 11-15-2017)
18.55.090 Penalties and enforcement.
The following remedies shall apply for violations of this chapter:
A. Violations for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Chapter 1.16 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense.
Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.
The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.
1. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to the City of Parlier Municipal Code.
2. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.
C. Any person who violates the provisions of this chapter may be subject to an administrative fine of up to one thousand dollars for each violation and for each day the violation continues to persist.
Created: 2822-88-25 12:02:33 [EST]
(Supp. No. 17)
(Ord. No. 2017-03, § 5, 11-15-2017)
18.55.100 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter, or of the regulatory permit issued pursuant to this chapter, or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter or of any regulatory permit issued pursuant hereto. (Ord. No. 2017-03, § 5, 11-15-2017)
18.55.110 Judicial review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5.
Any such petition shall be filed within ninety days after the day the decision becomes final, as provided in California Code of Civil Procedure Section 1994.6, which shall apply for such actions. (Ord. No. 2017-03, § 5, 11-15-2017)
Created: 2022-08-25 12:02:33 [EST]
(Supp. No. 17)
AGENDA ITEM: 10
MEETING DATE: December 19, 2024
STAFF REPORT
SUBJECT: Amending Parlier Noise Nuisance Ordinance
RECOMMENDATION: First reading of Parlier Noise Nuisance Ordinance, implementing decibel reader and enhancing noise regulation framework.
BACKGROUND:
The current Noise Nuisance Ordinance is in need of revamping, city recommends council consider approving amending Noise Nuisance Ordinance. City conducted several townhall style meetings, feedback from residents indicate existing regulations are insufficient. Instances of excessive noise, particularly during late-night hours, have resulted in increased complaints decibel reader will quantify noise levels. Decibel limits will be established for different zones (residential, commercial, etc.) to ensure that noise levels remain within acceptable thresholds.
Time restrictions will be further regulated during nighttime hours to reduce disturbances during quiet hours. Certain activities known to generate excessive noise will require permits and adherence to designated noise limits. Clear penalties for violations will be established, including fines and potential suspension of permits for repeat offenders.
The proposed amendments to the Noise Nuisance Ordinance will provide a more structured and effective approach to managing noise disturbances within our community. It is recommended that the Council approve the resolution to amend the Noise Nuisance Ordinance as outlined in this report. A calibrator device will be needed for the decibel reader and has been added to the overall FISCAL IMPACT: The implementation of decibel meters and associated training for police personnel will require a modest budget allocation.
Attachment: Decibel meter and calibrator quote: $989,00.00 PREPARED BY:
Acting City Manager
David Cerda
1 ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARLIER AMENDING SECTIONS 6.11.601, 6.11.602, 6.11.603, 6.11.604, 6.11.605 AND 6.11.608 OF
THE PARLIER MUNICIPAL CODE REGARDING UNLAWFUL NOISE RELATED
NUISANCES
THE CITY COUNCIL OF THE CITY OF PARLIER DOES HEREBY ORDAIN AS FOLLOWS:
Section l. Section 6.11.601 of Chapter 6.11 of Title 6 of the Parlier Municipal Code is hereby amended to read as follows:
6.11.601 - Loud noise.
Formatted: Font: Not Bold
It shall be unlawful for any person to disturb the peace, quiet, and comfort of the community, or + Formatted: Indent: Left: 0.5" any portion thereof, or neighborhood therein, by creating or causing to be created any unreasonable noises, as hereinafter defined, in the City of Parlier. Formatted: Font: (Default) +Body (Calibri) The making or continuing, or causing to be made and continued, of any loud unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to reasonable persons of normal sensitivities residing on the property or in the area, shall be considered a nuisance. A violation of this section shall be determined by applying objective standards and by considering the following: Any applicable noise standard adopted by the city including the provisions of this article; whether the activity is allowed by special permit and whether the permit addressed the issue of noise; the number of persons affected by the noise; the day of the week and the time of day; ordinary urban noise that can reasonably be expected for the area; and any other factors relevant to the determination. In addition to the remedies provided for in this chapter, a noise nuisance may be abated by the city by all reasonable means including, but not limited to, an order requiring that the noise cease.
The person(s) responsible for making the noise, or having direct control over the premises where the noise is emanating, is subject to citation and/or arrest.
Application and enforcement; definitions
Deleted: (Ord. No. 07-2019, § 3, 9-15-2019)91
A. Unless otherwise exempt as provided herein, these regulations shall apply to noises from any and all sources in the City, except noises originating from animals, which shall be administered in accordance with the City's Animal Control Ordinance.
B. The regulations allow for different methods of enforcement. The appropriate method of enforcement shall be determined by the Enforcement Officer.
C. Definitions. The following words and phrases have the meanings set forth in this subsection, unless the context in which any such word or phrase is used clearly requires another meaning:
dB. "dB" means decibel as herein defined; dBA. "dBA" means decibels measures on an A- weighted scale, as herein defined in "Noise Level" below; Decibel. "Decibel" or dB means a unit measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. The decibel level of a given sound is determined as twenty times the logarithm to the base 10 of the ratio of the pressure in micronewtons per square meter of the sound being measured to the standard reference sound pressure of 20 micronewtons per square meter (0.0002 microbar); Emergency response activities. "Emergency response activities" means activities necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm; Enforcement Officer. The "Enforcement Officer" for purposes of these regulations is the City Manager or her/his designee; Noise Level. "Noise Level" means the level of noise measured in decibels on the A-weighted scale with a sound level meter satisfying at least the applicable requirements for Type 1 or Type 2 sound level meters as defined in the most recent American; National Standard Specifications. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. For outside measurements, the microphone shall not be less than four (4) feet above the ground, at least four and one-half feet (4½) distant from walls or similar large reflecting surfaces, and shall be protected from the effects of wind noises and other extraneous sounds by the use of screens, shields, or other appropriate devices. For inside measurements, the microphone shall be at least three (3) feet distant from any wall, and the average measurement of at least three (3) microphone positions throughout the room shall be determined; Property Plane. "Property Plane" means a vertical plane including the property line which determines the property boundaries in space; Public Property. "Public Property" means property owned by the City of Parlier; Unreasonable Noise. "Unreasonable Noise" means noise produced by human voice, machine, device, or any combination thereof, that is so loud that it disturbs the peace and quiet of any neighborhood or impinges upon the quiet enjoyment of property, such that the average person of normal sensitivity would find the noise objectionable.
Section II. Section 6.11.602 of Chapter 6.11 of Title 6 of the Parlier Municipal Code is hereby amended to read as follows:
6.11.602 - Noise and other activities during specified hours.
Formatted: Font: Not Bold
No person shall make, or cause or suffer or permit to be made or caused, on any Formatted: Indent: Left: 0.5"
premises owned or occupied by an individual, between the hours of eleven p.m. and seven a.m. on any Friday or Saturday, or between the hours of ten p.m. and seven a.m. Deleted: him/her of any other day, any sporting, business, or social event, race, or other activity in such manner as to disturb the peace and quiet of any neighborhood. This section shall not apply to the following: Any public celebration, public holiday, or public occasion generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school; activities relating to the provision of public safety and public utility services.
Deleted: (Ord. No. 07-2019, § 3, 9-15-2019)11
The following activities or sources of noise are exempt from the provisions of these regulations:
A. Alarms and Warning Devises: Aural alarms or warning devices, including but not limited to fire alarms, burglar alarms, and emergency vehicle sirens and air horns.
However, if a standard or minimum noise level is prescribed for particular type of aural alarm or warning device by the laws or regulations of the State of California, the noise emitted from such alarm or warning device shall not exceed such standard or minimum level by more than three (3) dBA.
B. Emergency Response Activities: Noise from emergency response activities.
C. Events at Which No Mechanical or Amplifying Equipment is Employed: Noise from events conducted lawfully and without the use of sound of any kind that is mechanically produced or amplified or focused by any means.
D. Audio Equipment Used by Public Safety Officers: Noise from audio equipment used or operated by public safety officers in the performance of their duties.
E. Generators Required for Medical Purposes; Power Outages: Noise from generators required for medical purposes or during power outages.
Exemptions authorized by permit- immediate compliance impractical or unreasonable A. A conditional noise permit may be granted to temporarily exempt a particular source of noise from one or more provisions of these regulations if the applicant can show that, notwithstanding the application of all available noise abatement techniques, the immediate compliance with the requirements of these regulations would be impractical or unreasonable. The term of a noise permit shall not exceed 24 hours, provided that the term may be renewed upon a further showing of good cause and that any extension is conditioned upon a schedule of compliance with the requirements of these noise regulations, including the details of methods to effectuate that compliance.
B. Applications for a conditional noise permit shall be made to the department assigned by the City Manager to process such permits upon a form provided therefor. The City Manager, or his or her designee, may deny or approve an application, subject to such conditions or limitations as deemed advisable and taking into consideration the purpose and intent of these regulations.
Section III. Section 6.11.603 of Chapter 6.11 of Title 6 of the Parlier Municipal Code is hereby amended to read as follows:
6.11.603 - Sound amplifiers. Formatted: Font: Not Bold
No person shall use or operate, or cause to be used or operated, any mechanical Formatted: Indent: Left: 0.5" device, machine, apparatus, or instrument for the intensification or amplification of the human voice, or any sound or noise, in any public or private place between the hours of eleven p.m. and seven a.m. on any Friday or Saturday, or between the hours of ten p.m. and seven a.m. of any other day, except in residences, dwellings, and other buildings so enclosed as to prevent sound or noise escaping or emanating therefrom. This section shall not apply to the following: Any public celebration, public holiday, or public occasion generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school; activities relating to the provision of public safety and public utility services.
Exemptions authorized by permit- special events on public property with noise produced any mechanical or amplifying equipment (Deleted: (Ord. No. 07-2019, § 3, 9-15-2019)11 A. The City Manager, or his or her designee, may issue a permit exempting from any special event conducted on public property at which noise is produced by any mechanical or amplifying equipment which will, or is likely to, exceed the noise limits imposed by these regulations, if it is determined that the event is of interest to a substantial number of persons residing in the city; the event is open to all persons residing in the city, subject only to the payment of a reasonable fee, if any, by those persons attending the event; and compliance with these regulations would unreasonably interfere with the conduct of the event.
B. Applications for a permit under this subsection shall be filed at least fourteen (14) days prior to the date the special event is to take place. Such application shall be in the form prescribed by the City Manager and shall contain the name of the person or persons sponsoring the event, a description of the event, the date and times the event is scheduled to take place, and such other information as may be required.
C. Following the filing of an application for a permit under this section, the City Manager, or his or her designee, shall issue a permit granting such exemption if it is found that such special event complies with all the requirements of this subsection. However, reasonable conditions may be imposed on the conduct of the special event, including limitations on the dates and times during which the event may take place, limitations on the level of noise produced at the event, and a requirement that the permittee take reasonable measures as may be prescribed to mitigate the adverse effect of the noise produced at the event.
D. If a separate permit for an activity covered by this subsection is required by City policy or practice, then the applicant shall not be required to obtain a noise permit hereunder.
Section IV Section 6.11.604 of Chapter 6.11 of Title 6 of the Parlier Municipal Code is hereby amended to read as follows:
6.11.604 - Construction activities.
Formatted: Font: Not Bold
Unless otherwise expressly provided by permit, construction activities are only permitted * Formatted: Indent: Left: 0.5" between the hours of seven a.m. and seven p.m. Monday through Friday and between nine a.m. and five p.m. on Saturday and Sunday. From June 1st through September 15th, permitted construction activity may commence after six a.m. Monday through Friday. Extended construction work hours must at all times be in strict compliance with the permit.
Construction and alteration of structures; landscaping activities Deleted: (Ord. No. 07-2019, § 3, 9-15-201911
Unless otherwise provided pursuant to a duly-issued permit or a condition of approval of a land use entitlement, the construction, alteration, or repair of structures and any landscaping activities, occurring between the hours of 10:00 a.m. and 6:00 p.m. on Sundays and holidays, and 7:00 a.m. and 7:00 p.m. on other days, shall be subject to the following:
A. No individual device or piece of equipment shall produce a noise level exceeding eighty-three (89) dBA at a distance of twenty-five (25) feet from the source. If the device or equipment is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close as possible to twenty-five (25) feet from the equipment.
B. The noise level at any point outside of the property plane shall not exceed eighty-six (89) dBA.
C. During all other times, the decibel levels set forth in Section 6.11.605 shall control.
Section V. Section 6.11.605 of Chapter 6.11 of Title 6 of the Parlier Municipal Code is hereby amended to read as follows:
6.11.605 - Decibel standards.
Formatted: Font: Not Bold
Notwithstanding anything to the contrary in this article, a violation of the city's decibel Formatted: Indent: Left: 0.5"
standards, if any, or in the alternative, the making or continuing, or causing to be made or continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing on the property or in the area, shall be considered a nuisance except where a special permit allows for exceeding those standards on a temporary basis.
Noise restriction by decibel
Deleted: (Ord. No. 07-2019, § 3, 9-15-201911
A. Residential Property Noise Limits.
No person shall produce or allow to be produced by human voice, machine, device, or any combination of same, on residential property, a noise level at any point outside of the property plane that exceeds distance of 50ft between the hours of 7:00 a.m. and 9:00 p.m. or sixty (60) dBA between the hours of 9:00 p.m. and 7:00 a.m.
No person shall produce or allow to be produced by human voice, machine, device, or any combinations of same, on multifamily residential property, a noise level more than sixty-nine (69) dBA three (3) feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located.
B. Commercial and Industrial Property Noise Limits. Except for commercial and industrial property abutting residential property, no person shall produce or allow to be produced by human voice, machine, device, or any other combination of same, on commercial or industrial property, a noise level at any point outside of the property plane that exceeds seventy (70) dBA.
Commercial and industrial property that abuts residential property shall be subject to the residential property noise limits set forth above.
C. Public Property Noise Limits. Except as otherwise provided in these regulations, no person shall produce or allow to be produced on public property, by human voice, machine, device, or any combination of same, a noise level that exceeds seventy (70) dBA at a distance of 25 feet or more from the source. Noise from activities of the City of Parlier is exempted from these regulations.
D. When the Enforcement Officer responds to an initial complaint of unreasonable noise and perceives activities or circumstances that violate Section 6.11.605, the Enforcement Officer may issue a written warning or a citation, specifying those activities or circumstances that constitute a violation of these regulations.
Unreasonable noise not measured by decibel emanating from private property This section contains a separate and independent method of determining whether a violation of the noise regulations has occurred. No person shall willfully or negligently make, produce or allow to be produced, at any time, any unreasonable noise. Enforcement of this section shall not require the use of a sound level meter.
A. A violation of this section shall be proven by reference to one or more of the following criteria: the volume or loudness of the noise (based on the distance away from the source at which the noise can be clearly heard); The pitch or frequency (i.e., vibrating sound waves) of the noise; Whether the nature of the noise is usual or unusual; Whether the origin of the noise is natural (i.e., caused or produced by a person or persons) or unnatural; The tonal or rhythmic quality of the noise; Whether the noise is recurrent, intermittent, or constant; Whether the noise is from a commercial or noncommercial activity; If the noise is from a commercial activity. whether the particular use or activity is permitted in the area, and whether the noise could be reasonably expected to derive from the use or activity; Whether the noise is a necessary attribute of a particular use or activity (i.e., routine solid waste collection or a properly functioning mechanical device); The proximity of the noise to residential sleeping facilities; The proximity of the noise to offices or places of work: The number of persons affected, or the density of inhabitation of the area; The nature or zoning of the area within which the noise emanates or in which the impact of the noise occurs; The amount and type of background noise, if any; The time of the day or night the noise occurs (indicating the relationship of the noise to the normal activities that occur at a given time); The day of the week; and the duration of the noise.
B. When the Enforcement Officer responds to an initial complaint of unreasonable noise and perceives activities or circumstances that violate Section 6.11.605, the Enforcement Officer may issue a written warning to any individual exercising or claiming control of the property or assuming responsibility of the activities or circumstances.
C. If, within seventy-two (72) hours following the issuance of a written warning, a second complaint concerning unreasonable noise at the same location is received, then the Enforcement Officer may ask the complainants to sign a statement indicating the manner in which the complainants were disturbed and agreeing to appear as a witness at an administrative hearing or trial. If the Enforcement Officer obtains signed statements from at least two (2) complainants who do not reside at the same address, then the Enforcement Officer may issue a citation to a resident of the property upon which the activities or circumstances exist or to any individual exercising or claiming control of the property or assuming responsibility for the activities or circumstances.
Section VI. Section 6.11.608 of Chapter 6.11 of Title 6 of the Parlier Municipal Code is hereby amended to read as follows:
6.11.608 - Loud and raucous noises from vehicles. Formatted: Font: Not Bold No person shall play, use, or operate for advertising purposes, or for any other purpose 4- Formatted: Indent: Left: 0.5" whatsoever, on or upon any public street, alley, or thoroughfare any device known as a sound amplifier, or radio or phonograph with a loudspeaker or sound amplifier, or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or parked upon the streets or public Noise from vehicles Deleted: (Ord. No. 07-2019, § 3, 9-15-20191 A. No person shall use or operate any radio, tape player, record player, compact disc player, or any similar device in or on a vehicle located on any public property within the City in a manner that is audible to a person of normal hearing sensitivity more than twenty-five feet from such vehicle, nor shall any person use or operate any such device on or in a vehicle located on private property in a manner that renders the device audible to a person of normal hearing sensitivity more than twenty-five feet from the vehicle or beyond the property line of such private property, whichever is greater. Noise from a radio, tape player, record player, compact disc player, or other similar device in or on a vehicle located on a public highway shall be regulated in the manner provided for by the California Vehicle Code.
B. Vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when a situation endangering life, health or property is not imminent.
Conflict of law: The requirements of these Noise Regulations do not supersede any obligations and/or requirements imposed under the City's Zoning Ordinance. In the event of a conflict between these regulations and the Zoning Ordinance, the more restrictive provision controls. he foregoing Ordinance was introduced at a regular meeting of the City Council of the City arlier on the 19rd day of December 2024 and was passed and adopted at a regular meeting the City Council on the 19t day of December 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Hon. Alma Beltran, Mayor
ATTEST: APPROVED AS TO FORM:
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OF PA MEETING DATE:
12/19/2024_
DEPARTMENT: Council
REPORT TO CITY COUNCIL
SUBJECT:
Establishing Meeting Dates for the 2025 Calendar Year.
RECOMMENDATION:
It is recommended that the Council approve Resolution No. 2024-XX Establishing meeting dates for 2025.
BACKGROUND:
The City Council of the City of Parlier meets every 1st and 3rd Wednesday of the month at 6:30 P.M. in the City Hall Council Chambers located at 1100E. Parlier Avenue, Parlier, CA. 93648.
Prepared By:
Bertha Escalera
Assistant City Manager
CITY OF PARLIER
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER ESTABLISHING MEETING DATES FOR THE 2025 CALENDAR YEAR
BE IT RESOLVED THAT:
1. The following meeting dates are hereby established for the 2025 Calendar year:
Thursday, January 2 and 16, 2025 at 6:30 PM
Thursday, February 6 and 20, 2025 at 6:30 PM
Thursday, March 6 and 20, 2025 at 6:30 PM
Thursday, April 3 and 17, 2025 at 6:30 PM
Thursday, May 1 and 15, 2025 at 6:30 PM
Thursday, June 5 and 19, 2025 at 6:30 PM
Thursday, July 3 and 17, 2025 at 6:30 PM
Thursday, August 7 and 21, 2025 at 6:30 PM
Thursday, September 4 and 18, 2025 at 6:30 PM
Thursday, October 2 and 16, 2025 at 6:30 PM
Thursday, November 6 and 20, 2025 at 6:30 PM
Thursday, December 4 and 18, 2025 at 6:30 PM
*** ********** **********
I hereby certify that the foregoing is a full, true and correct Resolution duly adopted and passed by the City Council of the City of Parlier, California, at a regular meeting held on the 19t day of December 2024 at the City Hall in the City of Parlier, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Dorothy Garza, City Clerk
AGENDA
OF P
ITEM: 12
MEETING
DATE: 12/19/2024
DEPARTMENT
: Finance/Grants
REPORT TO CITY COUNCIL
SUBJECT:
Resolution Authorizing the Acting City Manager or Designee to Serve as the Authorized Representative for the Department of Housing and Community Development's Permanent Local Housing Allocation Program.
RECOMMENDATION:
Adopt a resolution authorizing the Acting City Manager or designee to serve as the authorized representative for the Department of Housing and Community Development (HCD) Division of State Financial Assistance State Grant Management Branch for the Permanent Local Housing Allocation (PLHA) Program.
BACKGROUND:
The Permanent Local Housing Allocation (PLHA) program provides financial assistance to local governments for housing-related projects and programs that benefit lower- income residents. The program is administered by the Department of Housing and Community Development (HCD). To access PLHA funding, the City must designate an authorized representative to act on its behalf in matters related to the grant.
DISCUSSION:
The City is committed to addressing housing needs and leveraging available resources to improve local housing conditions. By designating the Acting City Manager or designee as the authorized representative, the City ensures compliance with program requirements and facilitates efficient management of PLHA funds. This authorization includes the authority to execute documents, submit applications, and manage related activities for the PLHA program.
FISCAL IMPACT:
There is no immediate fiscal impact associated with this action. However, successful access to PLHA funds $133,524.00 can provide significant financial support for housing- related projects and programs, reducing the City's reliance on general funds.
RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER AUTHORIZING
THE ACTING CITY MANAGER OR DESIGNEE TO SERVE AS THE AUTHORIZED
REPRESENTATIVE FOR THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT'S PERMANENT LOCAL HOUSING ALLOCATION PROGRAM WHEREAS, the Department of Housing and Community Development (HCD) administers the Permanent Local Housing Allocation (PLHA) program to provide financial assistance for housing-related projects and programs; and WHEREAS, the City of Parlier is committed to leveraging available resources to address housing needs and improve housing conditions for its residents; and WHEREAS, the PLHA program requires the designation of an authorized representative to execute documents, submit applications, and manage grant-related activities on behalf of the City; and
WHEREAS, the Acting City Manager or designee possesses the authority and capacity to fulfill these responsibilities effectively;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Parlier as follows:
The Acting City Manager or designee is hereby authorized to act on behalf of the City of Parlier as the authorized representative for the Department of Housing and Community Development's Permanent Local Housing Allocation program.
This authorization includes the authority to execute documents, submit applications, and perform all necessary activities related to the PLHA program.
The City Clerk shall certify the adoption of this resolution and transmit a copy to the Department of Housing and Community Development.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Parlier held on _by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Deputy City Clerk Hon. Mayor Alma Beltran
Agreement between City of Parlier and Maxco, Inc. for Temporary Reduetion in Wastewater Rates
The City of Parlier ("City") and Maxco, Inc. ("Maxco"), hereby agree on the terms set forth below:
WHEREAS, the City of Parlier operates a wastewater treatment system including industrial customers with monthly rates based on effluent discharge volume and concentration; and
WHEREAS, the City has recently completed installations of wastewater sampling stations at Maxco, one of the large industrial customers; and WHEREAS, wastewater sample results from Maxco reveal very high biochemical oxygen demand and total suspended solids causing Maxco's calculated billing amounts to be extraordinarily high; and
WHEREAS, Maxco is working to repair and install equipment to pretreat its discharge such that the effluent concentrations into the City's wastewater treatment system will be much lower; and
WHEREAS, the City is willing to provide a fixed, negotiated monthly wastewater billing amount to Maxco time to properly install pretreatment equipment; and WHEREAS, Maxco has in the past and will continue to provide communication tower space for the City's radio equipment at no charge to the City.
NOW THEREFORE, it is agreed by the City of Parlier and Maxco as follows:
The fixed wasterwater treatment rate charged to Maxco shall be $6,153 per month.
This rate shall be effective retroactively to August 2023, such that payments from Maxco for each month from August 2023 forward shall be adjusted to $6,153 per month.
The rate of $6,153 per month shall be effective through April 2025, giving Maxco six months to repair and install pretreatment equipment, as needed.
4. Beginning in May 2025, Maxco's monthly wastewater billing amount shall be based on actual effluent volumes and concentrations as measured by sampling stations.
City staff shall continue to provide weekly sample results to Maxco.
6. Maxco will continue to provide tower space to the City at no charge.
City of Parlier Maxco, Inc.
By: By:
Date:
Date:
OF PAR
AGENDA ITEM: 13
MEETING DATE: 12/19/2024
DEPARTMENT: Administration
REPORT TO CITY COUNCIL
SUBJECT:
One Voice Trip To Washington.
RECOMMENDATION:
Honorable Mayor and Councilmembers:
Authorize Maayor Pro temp, Sabrina Rodriguez to attend the One Voice Trip to Washington, DC Scheduled for April 27-May 1, 2025.
BACKGROUND:
The purpose of the Fresno Council of Governments' Washington D.C. "Once Voice" trip is to seek federal support or funding for projects of broad community-wide benefit and regional significance within Fresno County. In order to accomplish this goal, a delegation of elected officials, public administrators, and regional stakeholders from the public and private sectors join together to visit Washington D.C. and Sacramento Representatives to advocate for the regionally significant issues that have been agreed upon during the COG selection process.
Cost:
This year a $150.00 Registration fee is required for each participant attending the 2025 One Voice Trip.
The registration fee must be paid by Febuary 27, 2025. The fee includes materials, metro pass, and the Registration Fee: $ 150.00
Hotel: $ 404.00 per night x 4
Per Diem: $550.00
Flight estimate: $500.00
Not to exceed $3000
Prepared by:
Bertha Escalera
Assistant City Manager
FRESNO
COG
One Voice D.C.
2024-25 Fresno COG One Voice
Advocacy Trip
Regional Priorities Submittal Form
Submittal Deadline: Jan. 6, 2025
Keep your regional priority content to less than three pages long. Do not change the font (Arial). Contact Brenda Thomas at thomas@fresnocog with questions.
One Voice Proposed Priority title:
Sponsoring agency/business:
1. Request summary - provide specific priority "ask(s)":
2. About the Priority: (Provide specific information about your proposed priority. Include information you want included in the trip materials.)
3. Priority background - (Include the priority issues, history and an explanation of the regional significance if not provided in question 1)
4. If your priority is not transportation related, are there any transportation policy connections?
5. Provide high-resolution photos, graphics or other explanatory attachments for the One Voice trip materials. Do not copy and paste them here, attach them as separate electronic files. Then, describe the attachments and include them with
6. Contact - Include the contact information for the priority submittal and the contact information of the person that will be attending the One Voice trip to speak on behalf of the priority:
Project Contact:
Name, Title
Organization
Email Address
Phone Numbers, Cell/Office
Address
City, CA Zip Code
One Voice Participant:
Name, Title
Organization
Email Address
Phone Numbers, Cell/Office
Address
City, CA Zip Code
FRESNO
COG
One Voice D.C.
2024-25 Fresno COG One Voice
Advocacy Trip
Regional Priorities Submittal Form
Submittal Deadline: Jan. 6, 2025
Keep your regional priority content to less than three pages long. Do not change the font (Arial). Contact Brenda Thomas at thomas@fresnocog with questions.
One Voice Proposed Priority title:
Sponsoring agency/business:
1. Request summary - provide specific priority "ask(s)":
2. About the Priority: (Provide specific information about your proposed priority. Include information you want included in the trip materials.)
3. Priority background - (Include the priority issues, history and an explanation of the regional significance if not provided in question 1)
4. If your priority is not transportation related, are there any transportation policy connections?
5. Provide high-resolution photos, graphics or other explanatory attachments for the One Voice trip materials. Do not copy and paste them here, attach them as separate electronic files. Then, describe the attachments and include them with
6. Contact - Include the contact information for the priority submittal and the contact information of the person that will be attending the One Voice trip to speak on behalf of the priority:
Pronet Contact:
Organization
Email Address
Phone Numbers, Cell/Office
Address
City, CA Zip Code
One Voice Participant:
Name, Title
Organization
Email Address
Phone Numbers, Cell/Office
Address
City, CA Zip Code
AGENDA ITEM: 14
MEETING DATE: December 19, 2024
STAFF REPORT
SUBJECT: Maxco agreement
RECOMMENDATION: City Council approve recommendation to enter into water rate agreement with Maxco Inc.
BACKGROUND:
City and Maxco Inc. have been in recent dialogue about Maxco's exceptional high wastewater sample results. Ongoing sample results reveal higher concentration than anticipated leading to exorbitant water bills as high as 24,874.26 (August 2024). The calculating billing amounts are cost prohibitive for Maxco. Maxco is pretreating its wastewater discharge at both locations, (605 & 625 Zediker Avenue). Repairs are being conducted at the 625 Zediker location and equipment is being installed at the 605 Zediker. City has negotiated with Maxco, City will provide reasonable negotiated sewer charges 6, 153.00 retroactive to August 2023 to adjust many months that were billed less than 6,153.00. City finds this fair because since August 2021 Maxco has provided communication tower space for the City's Police radio equipment at no charge to the city.
City recommends council approve negotiated reduced water rates for Maxco effective August 2023 to April 2025 at a flat rate of 6, 153.00.
FISCAL IMPACT:
Attachment:
PREPARED BY:
Acting City Manager
David Cerda
RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER APPROVING AN AGREEMENT WITH MAXCO, INC. FOR TEMPORARY REDUCTION IN
WASTEWATER RATES
industrial customers with monthly rates based on effluent discharge volume and concentration; WHEREAS, the City of Parlier operates a wastewater treatment system including and
stations at Maxco, one of the large industrial customers: and WHEREAS, the City has recently completed installations of wastewater sampling WHEREAS, wastewater sample results from Maxco reveal very high biochemical oxygen demand and total suspended solids causing Maxco's calculated billing amounts to be extraordinarily high; and
WHEREAS, Maxco is working to repair and install equipment to pretreat its discharge such that the effluent concentrations into the City's wastewater treatment system will be much lower; and
WHEREAS, the City is willing to provide a fixed, negotiated monthly wastewater billing amount to Maxco time to properly install pretreatment equipment; and NOW THEREFORE, it is agreed by the City of Parlier and Maxco as follows:
The attached Agreement between the City of Parlier and Maxco, Inc., for Temporary Reduction in Wastewater Rates is approved and incorporated herein by reference.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Parlier hold on the 19" day of December 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
ATTEST:
Mayor
City Clerk/Deputy City Clerk
Agreement between City of Parlier and Maxco, Inc. for Temporary Reduction in Wastewater Rates
The City of Parlier ("City") and Maxco, Inc. ("Maxco"), hereby agree on the terms set forth below:
WHEREAS, the City of Parlier operates a wastewater treatment system including industrial customers with monthly rates based on effluent discharge volume and concentration; WHEREAS, the City has recently completed installations of wastewater sampling stations at Maxco, one of the large industrial customers; and WHEREAS, wastewater sample results from Maxco reveal very high biochemical oxygen demand and total suspended solids causing Maxco's calculated billing amounts to be extraordinarily high; and
WHEREAS, Maxco is working to repair and install equipment to pretreat its discharge such that the effluent concentrations into the City's wastewater treatment system will be much lower; and
WHEREAS, the City is willing to provide a fixed, negotiated monthly wastewater billing amount to Maxco time to properly install pretreatment equipment; and WHEREAS, Maxco has in the past and will continue to provide communication tower space for the City's radio equipment at no charge to the City.
NOW THEREFORE, it is agreed by the City of Parlier and Maxco as follows:
The fixed wasterwater treatment rate charged to Maxco shall be $6,153 per month.
This rate shall be effective retroactively to August 2023, such that payments from Maxco for each month from August 2023 forward shall be adjusted to $6,153 per month.
The rate of $6,153 per month shall be effective through April 2025, giving Maxco six months to repair and install pretreatment equipment, as needed.
4. Beginning in May 2025, Maxco's monthly wastewater billing amount shall be based on actual effluent volumes and concentrations as measured by sampling stations.
City staff shall continue to provide weekly sample results to Maxco.
Maxco will continue to provide tower space to the City at no charge.
City of Parlier Maxco, Inc.
By: By:
Date: Date:
OF PARI 15
AGENDA ITEM:
MEETING DATE: 12/19/2024
DEPARTMENT: Engineering
REPORT TO CITY COUNCIL
SUBJECT: Adoption of the Resolution No. 2024-
_ accepting the completion of the Avila
Sewer Improvements by Yanez Construction Inc.
RECOMMENDATION:
Statf recommends the City Council approve the Final Acceptance of Work for Avila Sewer Improvements and adopt Resolution 2024-_ "Authorizing Final Acceptance and Notice of Completion" and authorize the City Engineer to record the Notice of Completion.
BACKGROUND:
Yanez Construction Inc. has completed the offsite work required for Avila Sewer Improvements.
The work has been inspected by our Public Works Inspector and found to be in compliance with the plans and specifications.
The project involved constructing saw-cut sewer main pipes, sewer manholes, sewer laterals, asphalt concrete pavement, as well as landscaping and irrigation. Yanez Construction Inc. completed this work, and the surety for the contractor was Travelers Casualty and Surety Company of America.
The Notice of Completion will be recorded upon completion of this recording.
FISCAL IMPACT:
No Fiscal Impact to the City.
Prepared by: A&M Consulting Engineers Approved by: Javier Andrade Attachments:
• Resolution
• Recommendation
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED
NO ACTION
Consent
Public Hearing
Info Item
Matter Initiated by a Council Member
Action Item
Other
Department Report Continued to:
Redevelopment Agency
RESOLUTION NO. 2024_
CITY OF PARLIER
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER, CALIFORNIA,
ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF
COMPLETION FOR THE AVILA SEWER IMPROVEMENTS
WHEREAS, Yanez Construction Inc. has completed the work for the Avila Sewer Improvements; and
WHEREAS, the City Public Works Inspector has inspected the improvements required by the City and all improvements required by the City have been completed; and WHEREAS, the City Engineer recommends acceptance of the Avila Sewer Improvements and requests Council to authorize the City Engineer to record the Notice of Completion for the Proiect.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Parlier as follows:
1. Accept the Avila Sewer Improvements
2. Authorizes the City Engineer to record the Notice of Completion I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted by the City Council of the City of Parlier at a meeting thereof held on the 19st day of December, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Alma M. Beltran, Mayor
ATTEST:
Dorothy Garza, City Clerk
PROJECT SUMMARY AND RECOMMENDATION
Recommendation:
Move to accept the Notice of Completion for the construction contract for the Avila Sewer Improvements with Yanez Construction, authorize the City Engineer to sign the Notice of Completion and authorize the City Engineer to record the notice with the County Recorder's Office.
Discussion:
During the regular City Council Meeting on Thursday May 2, 2024, the Council awarded the construction contract to Yanez Construction in the amount of $133,241.00 to provide construction services for the Parlier Avilla Sewer Improvements.
A final punch list job walk was conducted on August 6th, 2024 and no items were noted as needing correction or reconstruction.
A Notice of Completion will need to be recorded with the County Clerk Recorder's office now that the contractor has fulfilled his contractual obligation for construction of the project.
Summary of Change Orders:
Change
Order Brief Description Proposed Approved
Item Cost Item Cost Comments
No.
Pump existing sewer
line, cut, dig and
reroute sewer line
1 around manhole cone,
install 12x6 PVC $5,209.00 $5,209.00
saddle, connect sewer
lateral to existing sewer
main
Excavate at sinkhole,
remove caps on
existing/abandoned
sewer line, investigate
cause, and pump raw
2 sewage. Camera
inspect the abandoned $10,228.50 $10,228.50
line. Sawcut and
excavate at unmarked
lateral, remove old line,
and install 12x6 PVC
Insert-A-Tee. Connect
unmarked lateral to
new 12" SDR35 main.
Backfill, compact, and
pave both locations.
Change Order Total: $15,437.50
Original Bid Amount: $128,032.00
Final Bid Amount: $143,679.50
Approved Change Orders: $15,437.50
Change Order %: 12.0%
Final Contract Total: $143,679.50
OF PAR
AGENDA ITEM:
MEETING DATE: 12/19/2024
DEPARTMENT: Administration/Engineer
REPORT TO CITY COUNCIL
SUBJECT: Adoption of Resolution 2024- _accepting the completion of the Tuolumne Street Pedestrian Safety Improvements Highway Safety Improvement Program HSIPSL - 5252(033) by Ares Eng LLC.
RECOMMENDATION: Staff recommends the City Council approve the Final Acceptance of Work for Tuolumne Street Pedestrian Safety Improvements Highway Safety Improvement Program and adopt Resolution 2024-_ "Authorizing Final Acceptance and Notice of Completion" and authorize the City Engineer to record the Notice of Completion.
BACKGROUND: Ares Eng LLC has completed the work required for Tuolumne Street Pedestrian Safety Improvements Highway Safety Improvement Program HSIPSL - 5252(033) Project. The work has been inspected by our Public Works Inspector and found to be in compliance with the plans and specifications.
The project included the construction of concrete and asphalt demolition, new sidewalk, new curb & gutter, new accessible curb ramps, asphalt pavement, striping, signage including installation of solar rectangular rapid flashing beacons (RRFB) and In-Roadway Warning Lights (IRWL).
The Notice of Completion will be recorded upon completion of this recording.
FISCAL IMPACT: No fiscal impact.
Prepared by: A&M Consulting Engineers Approved by: Javier Andrade Attachments:
• Resolution
• Recommendation
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED
• NO ACTION
Consent
_Public Hearing
Info Item
_Matter Initiated by a Council Member
_Action Item
_Other
Department Report
_Continued to:
Redevelopment Agency
RESOLUTION NO. 2024-—
CITY OF PARLIER
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER
ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF
COMPLETION FOR THE TUOLUMNE STREET PEDESTRIAN SAFETY IMPROVEMENTS HSIPSL -5252 (033)
WHEREAS, Ares Eng LLC has completed the work for the Tuolumne Street Pedestrian Safety Improvements HSIPSL - 5252 (033) Project; and
WHEREAS, the City Public Works Inspector has inspected the improvements required by the City ind all improvements required by the City have been completed; anc WHEREAS, the City Engineer recommends acceptance of the Tuolumne Street Pedestrian Safety Improvements HSIPSL - 5252(033) Project and requests Council to authorize the City Engineer to record the Notice of Completion for the Project.
NOW THEREFORE, IT IS HERBY RESOLVED by the City Council of the City of Parlier as follows:
1. Accept the Tuolumne Street Pedestrian Safety Improvements HSIPSL - 5252 (033) Project Authorizes the City Engineer to record the Notice of Completion Thereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted by the City Council of the City of Parlier at a meeting thereof held on the 1g# day of December, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Alma M. Beltran, Mayor
ATTEST:
Dorothy Garza, City Clerk
PROJECT SUMMARY AND RECOMMENDATION
Recommendation:
Move to accept the Notice of Completion for the construction contract for the Tuolumne Street Pedestrian Safety Improvements with Ares Eng LLC, authorize the City Engineer to sign the Notice of Completion and the City Engineer to record the notice with the County Recorder's Office.
Discussion:
During the regular City Council Meeting on the 22nd of August, 2023, the Council awarded the construction contract to Ares Eng LLC, in the amount of $190,880.00 to provide construction services for the Tuolumne Street Pedestrian Safety A final punch list job walk was conducted on March 11, 2024, and no items were noted as needing correction or reconstruction.
A Notice of Completion will need to be recorded with the County Clerk Recorder's office now that the contractor has fulfilled his contractual obligation for construction of the project.
Original Bid Amount: $190,880.00
Final Contract Total: $190,880.00
AGENDA ITEM:
MEETING
DATE: 12/19/2024
DEPARTMENT: Administration
REPORT TO CITY COUNCIL
SUBJECT
Request approval to appoint the Senior Revenue Manager as the Acting Finance Director.
RECOMMENDATION
It is recommended that the City Council approve the appointment of the Senior Revenue Manager as the Acting Finance Director, effective immediately, until a permanent Finance Director is hired.
BACKGROUND
The Finance Department has been operating without a Finance Director for two years, necessitating additional oversight to maintain operational effectiveness. During this time, the Senior Revenue Manager has stepped in to fulfill many of the Finance Director's obligations, consistently demonstrating strong leadership, financial expertise, and a comprehensive understanding of the department's operations. To ensure continuity in departmental management and strategic oversight, appointing the Senior Revenue Manager as Acting Finance Director is both necessary and appropriate.
ANALYSIS
Promoting an employee to the Acting Finance Director position will provide the department with much-needed stability and continuity. This action will ensure that day- to-day operations, financial reporting, budgeting, and other essential responsibilities continue to meet high performance standards while the search for a permanent Finance Director is underway.
FISCAL IMPACT
The Acting Finance Director appointment is eligible for a 20% pay increase, in accordance with the Personnel Handbook. This pay adjustment will be funded through the existing Finance Department budget and will not require additional appropriations.
CONCLUSION
Approving this request will allow the Finance Department to continue operating effectively and efficiently during the interim period until a permanent Finance Director is appointed. This promotion will provide the necessary leadership to support the department's ongoing operations and responsibilities.
STAFF RECOMMENDATION
Approval to appoint the Senior Revenue Manager as the Acting Finance Director.
ATTACHMENT
Resolution
Prepared by: Approved by:
Interim City Manager, David Cerda
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER APPROVING
THE APPOINTMENT OF THE SENIOR REVENUE MANAGER AS ACTING FINANCE
DIRECTOR, EFFECTIVE IMMEDIATELY
WHEREAS, the Finance Department has been operating without a permanent Finance Director for two years, necessitating additional oversight and leadership to ensure operational effectiveness; and
WHEREAS, during this time, the Senior Revenue Manager has stepped in to fulfill many of the obligations of the Finance Director, consistently demonstrating strong leadership, financial expertise, and a comprehensive understanding of the department's operations; and
WHEREAS, the appointment of the Senior Revenue Manager as Acting Finance Director will provide stability, continuity, and strategic oversight while the search for a permanent Finance Director is underway; and
WHEREAS, the Acting Finance Director appointment is eligible for a 20% pay increase, in accordance with the Personnel Handbook. This pay adjustment will be funded through the existing Finance Department budget and will not require additional appropriations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Parlier as follows:
1. The City Council hereby approves the appointment of the Senior Revenue Manager as Acting Finance Director, effective immediately, until a permanent Finance Director is hired
2. Acting Pay for this temporary appointment shall be funded through the existing Finance Department budget and shall comply with the applicable personnel policies.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Parlier held on _by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Deputy City Clerk Hon. Mayor Alma Beltran