City of Patterson Page 1 Updated 11/26/2024 3:55 PM
Agenda
City of Patterson
City Council Regular Meeting
December 3, 2024
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
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City of Patterson City Council meetings are conducted in person at City Hall Council Chambers. As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing and translating technology will be uninterrupted, and technical difficulties may occur from time to time.
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AMENDED
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site pattersonca.gov listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected] If you wish to be notified of future City Council Meetings, please visit our web site pattersonca.gov go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter not on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on your cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and may place the item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.
5. Certificate of Appreciation - Legacy Health ( Mayor Clauzel)
6. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.
6.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
6.2. Approve Minutes of Workshop - November 12, 2024 (6:00 PM)
6.3. Approve the Recommended Salary Adjustment for the Water Operator Classification Series and the Corresponding American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Salary Schedule Effective July 1, 2024, Revised as of November 1, 2024.
6.4. Approve the Part-Time Salary Schedule Effective January 1, 2025.
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6.5. Approve $10,000 grant to the nonprofit organization Love Patterson to fund a mural project on Las Palmas Avenue. This funding would supplement an existing allocation of $10,000 in ARPA funds for a mural on El Circulo Circle, which was previously approved by Council. Together, these murals will enhance the visual appeal of key locations in Patterson and align with ARPA objectives for community beautification and economic revitalization.
6.6. 2024 Flood Insurance Coverage Assessment (FIA) for City of Patterson
6.7. Approve Second Reading and Adoption of Ordinance No. 878, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, Amending Chapter 16.44 of the Patterson Municipal Code (DedicationPark and Recreation) to Update the City’s Quimby Ordinance.
6.8. Approve Resolution No. 2024-69 of the City Council of the City of Patterson Declaring Intention to Reimburse Expenditures Relating to the WWTP Expansion Phase III Project from the Proceeds of Tax-Exempt Obligations.
7. Presentation/Action Item
7.1. Engineering, Building, and Capital Projects - Adopt the final conceptual design layout for the Centennial Park Project.
Staff Report: Interim City Manager Ulloa
Council: Motion to Adopt the final conceptual design layout for the Centennial Park Project.
8. Public Hearing
8.1. Planning Department - Approve the First Reading and Introduction of Ordinance No. 875 revising the maximum height section of Table 18.46.040-1 of the Patterson Municipal Code, “Development Standards for Industrial Districts.” Staff Report: Community Development Director Stice
Mayor: Open/Close Public Hearing
Council: Motion to Approve the First Reading and Introduction of Ordinance No. 875 revising the maximum height section of Table
18.46.040-1 of the Patterson Municipal Code, “Development Standards for Industrial Districts.”
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8.2. City Attorney - Approve First Reading and Introduction of Ordinance No. 879, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.50, Camping Within City Limits, To Title 9, Public Peace, Morals and Welfare; Amending Chapter 12.24, Park Regulations, of Title 12, Streets and Other Public Places; Amending Section
6.12.030, Depositing or Burying of Garbage Prohibited – Exceptions, of Chapter
6.12, Garbage Removal, of Title 6, Health and Safety; and Amending Section
9.43,040 Abatement, of Chapter 9.43, Health and Hygiene, of Title 9, Peace, Morals and Welfare of the Patterson Municipal Code.
Staff Report: City Attorney Nubia Goldstein
Mayor: Open/Close Public Hearing
Council: Motion to Approve First Reading and Introduction of Ordinance No. 879, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.50, Camping Within City Limits, To Title 9, Public Peace, Morals and Welfare; Amending Chapter 12.24, Park Regulations, of Title 12, Streets and Other Public Places; Amending Section 6.12.030, Depositing or Burying of Garbage Prohibited – Exceptions, of Chapter 6.12, Garbage Removal, of Title 6, Health and Safety; and Amending Section 9.43,040 Abatement, of Chapter 9.43, Health and Hygiene, of Title 9, Peace, Morals and Welfare of the Patterson Municipal Code.
8.3. City Attorney - Approve First Reading and Introduction of Ordinance No. 880, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.54, Protection of Critical Infrastructure, To Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code.
Staff Report: City Attorney Nubia Goldstein
Mayor: Open/Close Public Hearing
Council: Motion to Approve First Reading and Introduction of Ordinance No. 880, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.54, Protection of Critical Infrastructure, To Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code.
9. City Staff Reports
9.1. Human Resources - Approve Resolution No. 2024-68 to Appoint Interim City Manager Fernando Ulloa as City Manager for a three (3) year term and authorize implementation of acting pay of five percent (5%) for the interim role.
Staff Report: Human Resource Director Guillory - Jones
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Council: Motion to Approve Resolution No. 2024-68 to Appoint Interim City Manager Fernando Ulloa as City Manager for a three (3) year term and authorize implementation of acting pay of five percent (5%) for the interim role.
9.2. City Attorney - Adopt Resolution No. 2024-70 A Resolution of the City Council of the Patterson City Council adopting the City Council rules and procedures handbook. The Handbook outlines standardized procedures for the efficient conduct of City Council meetings, establishes clear guidelines for Councilmember behavior, and ensures consistency and transparency in the decision-making process.
Staff Report: City Attorney Nubia Goldstein
Council: Motion to Adopt Resolution No. 2024-70 Adopting the City Council Rules and Procedures Handbook.
10. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
City of Patterson Page 6 Updated 11/26/2024 3:55 PM
11. Other Matters
12. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on Nov. 26, 2024.
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Dated this 26th day of November 2024
/s/ Aracely Alegre, CMC
City Of Patterson
Joint City Council & Planning Commission
Special Meeting Workshop
November 12, 2024
Interim City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.pattersonca.gov
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
City Council
Attendee Name Title Status Departed
Michael Clauzel Mayor Present
Shivaugn Alves District A Present 7:46 PM
Jessica Romero District B Absent
Dominic Farinha District C Absent
Carlos Roque District D Present
Planning Commission
Attendee Name Title Status Arrived
Ron West Chairman Present
Eric Bendix Vice Chairman Present
Michael Sidhu Commissioner Present
Renita Alexander Commissioner Present
Lynn Apland Commissioner Present
The joint City Council & Planning Commission special meeting workshop of the City of Patterson was called to order in the City of Patterson, City Council Chambers, I Plaza, Patterson at 6:05 p.m. by Mayor Clauzel.
City Staff Present:
6.2 Packet Pg. 7
Minutes Acceptance: Minutes of Nov 12, 2024 6:00 PM (Consent Calendar)
1. Interim City Manager Ulloa
2. Assistant City Manager Willett
3. Associate Planner Rodriguez
4. City Planner Andrews
5. Community Development Director Stice
6. Fire Chief Frye
7. City Clerk Alegre
2. Pledge of Allegiance
3. Discussion Items
3.A. Housing Workshop Recommendation: Provide direction on the Public Draft 2023-2031 Housing Element to be incorporated prior to submittal to the Department of Housing and Community Development (HCD) for a 90-day review period.
Community Development Director Stice reviewed his report.
Consultant Anastasia Aziz with EMC Planning reviewed her presentation.
Planning Commission topics addressed:
Increasing housing densities
Apartment Inspection
Accessory Dwelling Units (ADU)
Managing new housing types
Clarification on the length to build required units
Parking and heigh requirements and concerns
Zoning Standards
Concerns with buildings being closed
Potential for underground parking for multi-family housing Ensuring impact fees keep up with inflation
Reducing congestion and emissions
Evaluating a 30% buffer, noting only a 15% buffer is required Water and sewer requirements for new housing
Including infill and small lots in the housing plan
Stan RTA transit program considerations
Universal design program concerns
Building height constraints in the downtown area due to land limitations Cost challenges associated with building in the downtown area Community Development Stice also addressed the state's expectations for design and housing quantities, highlighting the need to align with state guidelines while preserving the City’s unique identity.
City Council addressed the following:
Scheduling future workshops
Support for Accessory Dwelling Units (ADU) needs
6.2 Packet Pg. 8
Minutes Acceptance: Minutes of Nov 12, 2024 6:00 PM (Consent Calendar) Expressed interest in constructing taller buildings and considering additional parcels on Sperry Avenue for such projects.
Need for more senior communities
Addressing transportation challenges and collaborating with the county to develop options for low-income residents
Concerns with Public Safety
StanRTA expressed willingness to work with the city to meet transportation needs.
Addressed concerns about losing businesses on sites 13, 14, and 15, with a preference for mixed-use development in these areas.
Inquiry into how many other cities have completed comparable projects At 7:47 p.m. Mayor Clauzel opened the item to public comment.
Kandace Weyhrauch, Patterson Resident – expressed concern about the meeting not being accessible via Zoom. She also stated that StanRTA transportation is not inherently a problem but emphasized the need for advocacy and spreading awareness about available options. Additionally, Ms. Weyhrauch highlighted the importance of making Accessory Dwelling Units (ADUs) more affordable for the community.
Mayor Clauzel addressed Mrs. Weyhrauch’s concerns.
Sheryll Lex, Patterson Resident – emphasized the need to make Accessory Dwelling Units (ADUs) more affordable. She also addressed the universal design principles, as well as considering underground parking and improved transportation options.
At 8:02 p.m. there being no further comments, Mayor Clauzel closed the item to public comments.
4. Adjournment
There being no further business, the joint City Council & Planning Commission special meeting workshop of the City of Patterson of November 12, 2024, was adjourned at 8:07 p.m.
Approved by the Patterson City Council on (date pending).
6.2 Packet Pg. 9
Minutes Acceptance: Minutes of Nov 12, 2024 6:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: December 3, 2024
ITEM NO: 6.3
SUBJECT: Approve the Recommended Salary Adjustment for the Water Operator Classification Series and the Corresponding American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Salary Schedule Effective July 1, 2024, Revised as of November 1, 2024.
RECOMMENDATION
Motion to Approve the recommended salary adjustment for the Water Operator Classification series and the corresponding American Federation of State, County, and Municipal Employees (AFSCME) Local 10 salary schedule effective July 1, 2024, revised as of November 1, 2024.
BACKGROUND
At its regularly scheduled meeting on August 20, 2024, the City Council approved the AFSCME salary schedule, effective July 1, 2024. This salary schedule was based on the Memoranda of Understanding (MOU) between the City of Patterson and AFSCME, effective July 1, 2022 through June 30, 2025. The MOU includes language that allows for annual cost-of-living adjustments (COLA) and equity increases (disbursed over the term of the MOU) based upon the results of the 2022 compensation study conducted by an external consultant. The salary schedule effective July 1, 2024, implemented the final (Year-3) COLA and related equity increases for the bargaining group.
The compensation study was conducted based on the seven (7) comparable agencies in our approved market. The study results increased the Maintenance Worker classifications higher than the Water Operators classifications. Prior to the study being conducted, the Water Operator series maintained a five percent (5%) rate above the Maintenance Worker series as employees often promote from Maintenance Worker to Water Operator. Upon implementation of the Year6.3 Packet Pg. 10
3 equity, the Water Operator series is now two and a half percent (2.5%) below Maintenance Worker. As a result, AFSCME has requested that the salary for the Water Operator series is realigned equal to that of the Maintenance Worker series, pending further discussion. The City agrees with this request and is recommending that Council approve this action.
ANALYSIS
An external consultant conducted a compensation study to assess City classifications as compared to those at comparable agencies. The study results reflected that the Maintenance Worker series was below market, and the Water Operator series was slightly above. In accordance with the approved MOU, the Maintenance Worker series received an equity adjustment to increase their salary to the market median and applicable Cost-of-Living Adjustment (COLA). The Water Operator series maintained its salary level and received the applicable COLA, resulting in a salary range that is now 2.5% below the Maintenance Worker series.
Traditionally, Water Operator classifications are higher than Maintenance Worker classifications due to the larger scope of work and the requirements of the job specification. This includes requirements for training and certifications through state agencies such as the State Water Resources Control Board.
6.3 Packet Pg. 11
For internal structural alignment, Staff recommends that the salary range of the Water Operator series be increased by 2.5% to be equivalent to that of the Maintenance Worker series, effective November 1, 2024.
FISCAL IMPACT
The 2024-2025 fiscal year impact of realigning the Water Operator classifications series to that of the Maintenance Worker is an increase of $5,336.00. This eight-month projection would not have a negative effect on the General Fund and would be included in the Mid-Year Budget adjustments.
ATTACHMENTS
• AFSCME Salary Schedule Effective July 1, 2024, revised as of November 1, 2024 Salary Benefits Total General Fund
Other
Funds Total
$ - $ - $ - $ - $ - $ -
$ 1,946 $ 212 $ 2,158 $ - $ 2,158 $ 2,158
$ - $ - $ - $ - $ - $ -
$ 2,770 $ 408 $ 3,179 $ - $ 3,179 $ 3,179
$ 4,716 $ 620 $ 5,336 $ - $ 5,336 $ 5,336
WATER OPERATOR/TRAINING
WATER OPERATOR I
WATER OPERATOR II
WATER OPERATOR III
Total
6.3.a
Packet Pg. 12
Attachment: FISCAL IMPACT3 (Salary Schedules - Water Operators - 2024 November) Classification Range Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Accounting Assistant 15 $4,310.86 $4,526.40 $4,752.72 $4,990.36 $5,239.87 $2,155.43 $2,263.20 $2,376.36 $2,495.18 $2,619.94 Accounting Technician 22 $5,124.26 $5,380.47 $5,649.49 $5,931.97 $6,228.56 $2,562.13 $2,690.24 $2,824.75 $2,965.99 $3,114.28 Administrative Assistant I 15 $4,310.86 $4,526.40 $4,752.72 $4,990.36 $5,239.87 $2,155.43 $2,263.20 $2,376.36 $2,495.18 $2,619.94 Administrative Assistant II 19 $4,758.38 $4,996.30 $5,246.11 $5,508.42 $5,783.84 $2,379.19 $2,498.15 $2,623.06 $2,754.21 $2,891.92 Assistant Planner 29 $6,091.13 $6,395.69 $6,715.47 $7,051.24 $7,403.81 $3,045.57 $3,197.85 $3,357.74 $3,525.62 $3,701.91 Code Enforcement Officer I 18 $4,642.32 $4,874.44 $5,118.16 $5,374.07 $5,642.77 $2,321.16 $2,437.22 $2,559.08 $2,687.04 $2,821.39 Code Enforcement Officer II 22 $5,124.26 $5,380.47 $5,649.49 $5,931.97 $6,228.56 $2,562.13 $2,690.24 $2,824.75 $2,965.99 $3,114.28 Electrical/Instrumentation Crew Leader 32 $6,559.48 $6,887.45 $7,231.83 $7,593.42 $7,973.09 $3,279.74 $3,443.73 $3,615.92 $3,796.71 $3,986.55 Electrical/Instrumentation Technician I 24 $5,383.67 $5,652.85 $5,935.50 $6,232.27 $6,543.89 $2,691.84 $2,826.43 $2,967.75 $3,116.14 $3,271.95 Electrical/Instrumentation Technician II 28 $5,942.57 $6,239.69 $6,551.68 $6,879.26 $7,223.23 $2,971.29 $3,119.85 $3,275.84 $3,439.63 $3,611.62 Engineering Technician I 20 $4,877.34 $5,121.21 $5,377.27 $5,646.13 $5,928.44 $2,438.67 $2,560.61 $2,688.64 $2,823.07 $2,964.22 Engineering Technician II 24 $5,383.67 $5,652.85 $5,935.50 $6,232.27 $6,543.89 $2,691.84 $2,826.43 $2,967.75 $3,116.14 $3,271.95 Environmental Compliance Specialist 30 $6,243.41 $6,555.58 $6,883.36 $7,227.53 $7,588.90 $3,121.71 $3,277.79 $3,441.68 $3,613.77 $3,794.45 Equipment Mechanic Crew Leader 26 $5,656.22 $5,939.03 $6,235.98 $6,547.78 $6,875.17 $2,828.11 $2,969.52 $3,117.99 $3,273.89 $3,437.59 Equipment Mechanic I 18 $4,642.32 $4,874.44 $5,118.16 $5,374.07 $5,642.77 $2,321.16 $2,437.22 $2,559.08 $2,687.04 $2,821.39 Equipment Mechanic II 22 $5,124.26 $5,380.47 $5,649.49 $5,931.97 $6,228.56 $2,562.13 $2,690.24 $2,824.75 $2,965.99 $3,114.28 Fire Prevention Inspector 30 $6,243.41 $6,555.58 $6,883.36 $7,227.53 $7,588.90 $3,121.71 $3,277.79 $3,441.68 $3,613.77 $3,794.45 Graffiti Abatement Technician 18 $4,642.32 $4,874.44 $5,118.16 $5,374.07 $5,642.77 $2,321.16 $2,437.22 $2,559.08 $2,687.04 $2,821.39 Maintenance Worker I 16 $4,418.63 $4,639.56 $4,871.54 $5,115.12 $5,370.87 $2,209.32 $2,319.78 $2,435.77 $2,557.56 $2,685.44 Maintenance Worker II 20 $4,877.34 $5,121.21 $5,377.27 $5,646.13 $5,928.44 $2,438.67 $2,560.61 $2,688.64 $2,823.07 $2,964.22 Maintenance Worker III 24 $5,383.67 $5,652.85 $5,935.50 $6,232.27 $6,543.89 $2,691.84 $2,826.43 $2,967.75 $3,116.14 $3,271.95 Permit Technician I 14 $4,205.72 $4,416.00 $4,636.80 $4,868.64 $5,112.07 $2,102.86 $2,208.00 $2,318.40 $2,434.32 $2,556.04 Permit Technician II 18 $4,642.32 $4,874.44 $5,118.16 $5,374.07 $5,642.77 $2,321.16 $2,437.22 $2,559.08 $2,687.04 $2,821.39 Public Works Inspector I 26 $5,656.22 $5,939.03 $6,235.98 $6,547.78 $6,875.17 $2,828.11 $2,969.52 $3,117.99 $3,273.89 $3,437.59 Public Works Inspector II 30 $6,243.41 $6,555.58 $6,883.36 $7,227.53 $7,588.90 $3,121.71 $3,277.79 $3,441.68 $3,613.77 $3,794.45 Public Works Inspector III 34 $6,891.55 $7,236.13 $7,597.94 $7,977.84 $8,376.73 $3,445.78 $3,618.07 $3,798.97 $3,988.92 $4,188.37 Recreation Coordinator I 17 $4,529.10 $4,755.55 $4,993.33 $5,242.99 $5,505.14 $2,264.55 $2,377.78 $2,496.67 $2,621.50 $2,752.57 Recreation Coordinator II 21 $4,999.27 $5,249.24 $5,511.70 $5,787.28 $6,076.65 $2,499.64 $2,624.62 $2,755.85 $2,893.64 $3,038.33 American Federation of State, County and Municipal Employees (AFSCME) MOU July 1, 2022 - June 30, 2025
Salary Schedule
Effective July 01, 2024
Monthly Salary Range Semi-Monthly Salary Range
6.3.b
Packet Pg. 13
Attachment: AFSCME Salary Schedule Effective 07.01.2024_Approved 12.03.2024_Revisions Effective Classification Range Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E American Federation of State, County and Municipal Employees (AFSCME) MOU July 1, 2022 - June 30, 2025
Salary Schedule
Effective July 01, 2024
Monthly Salary Range Semi-Monthly Salary Range
Senior Accounting Assistant 19 $4,758.38 $4,996.30 $5,246.11 $5,508.42 $5,783.84 $2,379.19 $2,498.15 $2,623.06 $2,754.21 $2,891.92 Wastewater Operator I 20 $4,877.34 $5,121.21 $5,377.27 $5,646.13 $5,928.44 $2,438.67 $2,560.61 $2,688.64 $2,823.07 $2,964.22 Wastewater Operator II 24 $5,383.67 $5,652.85 $5,935.50 $6,232.27 $6,543.89 $2,691.84 $2,826.43 $2,967.75 $3,116.14 $3,271.95 Wastewater Operator III 28 $5,942.57 $6,239.69 $6,551.68 $6,879.26 $7,223.23 $2,971.29 $3,119.85 $3,275.84 $3,439.63 $3,611.62 Wastewater Operator in Training 16 $4,418.63 $4,639.56 $4,871.54 $5,115.12 $5,370.87 $2,209.32 $2,319.78 $2,435.77 $2,557.56 $2,685.44 Water Operator I 16 $4,418.63 $4,639.56 $4,871.54 $5,115.12 $5,370.87 $2,209.32 $2,319.78 $2,435.77 $2,557.56 $2,685.44 Water Operator II 20 $4,877.34 $5,121.21 $5,377.27 $5,646.13 $5,928.44 $2,438.67 $2,560.61 $2,688.64 $2,823.07 $2,964.22 Water Operator III 24 $5,383.67 $5,652.85 $5,935.50 $6,232.27 $6,543.89 $2,691.84 $2,826.43 $2,967.75 $3,116.14 $3,271.95 Water Operator in Training 12 $4,003.06 $4,203.21 $4,413.37 $4,634.04 $4,865.74 $2,001.53 $2,101.61 $2,206.69 $2,317.02 $2,432.87 Approved by Council on: 08/20/2024
Revision Approved by Council on: XX/XX/2024
6.3.b
Packet Pg. 14
Attachment: AFSCME Salary Schedule Effective 07.01.2024_Approved 12.03.2024_Revisions Effective City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: December 3, 2024
ITEM NO: 6.4
SUBJECT: Approve the Part-Time Salary Schedule Effective January 1, 2025.
RECOMMENDATION
Motion to Approve the Part-Time Salary Schedule effective January 1, 2025.
BACKGROUND
Current California state law allows for annual minimum wage increases of up to 3.5% based on the Consumer Price Index for urban wage earners and clerical workers (CPI-W).
Effective January 1, 2024, the minimum wage in California increased to $16.00 per hour for all employers, regardless of size. However, some cities and counties, as well as particular industries, have a minimum wage that is higher than the state minimum. Beginning in January 2025, California is set for a 3.18% increase, raising the minimum wage to $16.50 per hour.
ANALYSIS
To be compliant with state law, all City positions that fall below the required minimum must be increased by at least $0.50 to an hourly rate of $16.50. The positions below the 2025 minimum wage rate are:
· Cashier,
· Crossing Guard, and
· Recreation Leader.
6.4 Packet Pg. 15
Increasing the above positions without regard for corresponding classifications or other part-time positions will create internal inequities between the positions. To maintain salary relationships and the value of each part-time position, it is recommended that all part-time classifications be increased by $0.50, reflective of the state’s minimum wage increase.
The proposed Part-Time Salary Schedule, effective January 1, 2025, is attached for your review and approval.
FISCAL IMPACT
This action is for the approval of updated salary schedules only. The anticipated minimum wage increase was included in the current FY2024-2025 budget.
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Job Classification
Administrative Step A Step B Step C Step D Step E
Account Clerk $ 18.71 $ 19.65 $ 20.63 $ 21.66 $ 22.74
Accountant $ 32.05 $ 33.65 $ 35.34 $ 37.10 $ 38.96
Admnistrative Assistant $ 20.94 $ 21.99 $ 23.09 $ 24.24 $ 25.45 Environmental Compliance Specialist $ 22.04 $ 23.14 $ 24.30 $ 25.51 $ 26.79 Student Intern $ 18.33 $ 19.25 $ 20.21 $ 21.22 $ 22.28
Recreation Step A Step B Step C Step D Step E
Cashier $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50
Crossing Guards $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50 Facility Attendant $ 17.50 $ 17.75 $ 18.00 $ 18.25 $ 18.50 Lead Cashier $ 17.50 $ 17.75 $ 18.00 $ 18.25 $ 18.50
Lead Recreation Leader $ 17.50 $ 17.75 $ 18.00 $ 18.25 $ 18.50 Lifeguard $ 18.50 $ 18.75 $ 19.00 $ 19.25 $ 19.50
Pool Manager $ 19.25 $ 19.50 $ 19.75 $ 20.00 $ 20.25
Pool Manager Instructor Certified $ 19.50 $ 19.75 $ 20.00 $ 20.25 $ 20.50 Recreation Coordinator $ 20.01 $ 21.01 $ 22.06 $ 23.16 $ 24.32 Recreation Leader $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50 Recreation Specialist $ 18.25 $ 18.50 $ 18.75 $ 19.00 $ 19.25 Senior Lifeguard $ 19.00 $ 19.25 $ 19.50 $ 19.75 $ 20.00 Senior Lifeguard Instructor $ 19.00 $ 19.25 $ 19.50 $ 19.75 $ 20.00 Senior Lifeguard Instructor Certified $ 19.25 $ 19.50 $ 19.75 $ 20.00 $ 20.25 Sports Official $ 17.50 $ 17.75 $ 18.00 $ 18.25 $ 18.50 Swim Instructor $ 17.50 $ 17.75 $ 18.00 $ 18.25 $ 18.50 Swim Instructor Certified $ 17.75 $ 18.00 $ 18.25 $ 18.50 $ 18.75 Operations and Maintenance and Public
Works Step A Step B Step C Step D Step E
Facility Custodian $ 18.00 $ 18.25 $ 18.50 $ 18.75 $ 19.00 Maintenance Worker (All Divisions) $ 19.16 $ 20.12 $ 21.12 $ 22.18 $ 23.29 Wastewater Operator $ 22.43 $ 23.55 $ 24.73 $ 25.97 $ 27.26 Water Operator $ 21.91 $ 23.01 $ 24.16 $ 25.36 $ 26.63
Approved and Adopted by Council on: 12/03/2024
City of Patterson
Part-Time Salary Schedule
Effective January 1, 2025
Part-Time Hourly Rate
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Attachment: Part-Time Salary Schedule Effective 01.01.2025 (Salary Schedule Part-Time Eff 2025 Jan) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: December 3, 2024
ITEM NO: 6.5
SUBJECT: Approve $10,000 grant to the nonprofit organization Love Patterson to fund a mural project on Las Palmas Avenue. This funding would supplement an existing allocation of $10,000 in ARPA funds for a mural on El Circulo Circle, which was previously approved by Council.
Together, these murals will enhance the visual appeal of key locations in Patterson and align with ARPA objectives for community beautification and economic revitalization.
RECOMMENDATION
Motion to Approve a $10,000 grant to the nonprofit organization Love Patterson to fund a mural project on Las Palmas Avenue. This funding would supplement an existing allocation of $10,000 in ARPA funds for a mural on El Circulo Avenue, which was previously approved by Council.
Together, these murals will enhance the visual appeal of key locations in Patterson and align with ARPA objectives for community beautification and economic revitalization.
BACKGROUND
The City of Patterson has an opportunity to support two community-driven mural projects, led by the nonprofit organization Love Patterson, aimed at enhancing key public spaces. These murals are planned for El Circulo and a second one on Las Palmas Avenue, two prominent locations that will greatly benefit from aesthetic improvements. Love Patterson, committed to managing and executing these projects, will enrich the city’s landscape, helping to foster pride and a sense of identity among residents. To support this initiative, the City Council previously authorized $10,000 in American Rescue Plan Act (ARPA) funds for a mural on El Circulo.
The ARPA, enacted to provide economic relief following the COVID-19 pandemic, allows for funds to be allocated to projects that stimulate local economies, improve public spaces, and
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enhance community well-being. Patterson’s mural projects align with ARPA goals by beautifying public spaces, thereby encouraging economic engagement and community pride. To extend this initiative, staff recommends an additional $10,000 ARPA-funded grant to Love Patterson to complete a second mural on Las Palmas Avenue, a gateway from the East side of town. This mural will contribute to a welcoming environment that reflects Patterson’s spirit and positively impacts the city’s aesthetic appeal.
ANALYSIS
Supporting Love Patterson’s mural projects allows the City to use ARPA funds to enrich public spaces without direct involvement in project implementation. These murals are well-aligned with ARPA objectives to enhance community well-being, promote economic recovery, and invest in neighborhood beautification.
Mural on El Circulo:
The first mural, funded by an approved $10,000 ARPA allocation, will be located on El Circulo.
Managed by Love Patterson, this mural will serve as a vibrant focal point within the community, symbolizing the city’s commitment to beautification and cultural enrichment. This project has already been reviewed by and recommended for approval by the Parks, Recreation and Beautification Commission.
Proposed Mural on Las Palmas Avenue:
An additional $10,000 ARPA grant is recommended to support a second mural on Las Palmas Avenue. As a gateway from the East side of town, Las Palmas Avenue will benefit from this visual enhancement, creating a welcoming environment and encouraging community pride. It is recommended that this mural project also go through the same review process with the Parks, Recreation and Beautification Commission as the first mural project. Once it has been vetted and recommended for approval by the Commission and the Community Development Department, it would be eligible for implementation.
Alignment with ARPA Goals:
ARPA funds aim to support economic vitality and community well-being by investing in projects that stimulate recovery and beautify public spaces. Both mural projects meet these objectives by enhancing prominent areas in Patterson, fostering economic engagement, and encouraging tourism and local business activity. ARPA funds designated for such community improvements must be allocated before the end of 2024 to remain compliant with federal requirements. Through this partnership with Love Patterson, the city can efficiently meet ARPA goals while empowering a local nonprofit to lead these beautification efforts.
FISCAL IMPACT
El Circulo Mural: Previously funded with an authorized ARPA allocation of $10,000.
Las Palmas Avenue Mural: An additional $10,000 of ARPA funding is recommended for approval to be allocated through a grant to Love Patterson for the completion of a second mural project.
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Total Fiscal Impact: This brings the total to $20,000 in ARPA funding, funds must be allocated by December 2024.
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City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: December 3, 2024
ITEM NO: 6.6
SUBJECT: 2024 Flood Insurance Coverage Assessment (FIA) for City of Patterson
RECOMMENDATION
Informational Item - 2024 Flood Insurance Coverage Assessment (FIA) for City of Patterson
BACKGROUND
Flood damage is typically not covered by most standard homeowner or business insurance policies. To help protect individuals from the financial impact of flooding, promoting flood insurance should be viewed as a shared community responsibility, alongside efforts like building flood control infrastructure and regulating new development in flood-prone areas. Communities enrolled in the Community Rating System (CRS) have a unique opportunity to highlight the availability and importance of flood insurance as part of preparedness efforts. One of the most effective ways to convey this message is by tailoring it to local audiences and reinforcing it through various channels. As a result of the city’s participation in the CRS program, policyholders currently receive a ten percent discount on their flood insurance premiums. To raise awareness about flood insurance, staff have completed a Flood Insurance Coverage Assessment, and it is the city’s intent to update this assessment every three to five years, or sooner if circumstances change.
ANALYSIS
For the current assessment, staff initiated the process with the goal of identifying where flood insurance policies are concentrated and determining what actions are needed to raise awareness about the importance of flood insurance. To gather the necessary data, staff obtained the Insurance Zone and Insurance Occupancy sheets from the region's ISO/CRS Specialist. This data was used to calculate the figures presented in Table 1 and Table 2. Table 1 provides a summary
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of policies by occupancy classification. In Patterson, most policies are for single-family homes, with an average coverage amount of $238,248. The maximum coverage available through the National Flood Insurance Program (NFIP) is $250,000.
Table 2 provides a summary of flood insurance policies by insurance zone. Most of these policies are in areas most vulnerable to flooding, particularly those prone to ponding. There are 67 policies in this zone. After reviewing the data, staff concluded these areas lack sufficient flood insurance coverage and require further outreach efforts. According to the ISO data sheets, only 56% of properties within the Special Flood Hazard Areas (SFHA) have flood insurance. Our recommendations will be based on this coverage rate.
The city has been part of the CRS program since May 2015 and already exceeds the requirements set by the NFIP. However, encouraging the public to obtain additional insurance, especially when it is not always mandatory, can be a challenging task. Despite this, we are committed to enhancing our efforts to promote the flood insurance program and other property protection measures.
Planned Initiatives: Staff will enhance their internal Program for Public Information (PPI), an ongoing initiative focused on developing and delivering key messages to the community about vital issues related to flood safety and the preservation of the natural functions of floodplains.
Both current and future strategies include:
• Targeted Mailings: Send personalized letters or brochures to homeowners and businesses in flood-prone areas, detailing the importance of flood insurance and the benefits of the NFIP.
• Neighborhood Outreach: Organize door-to-door campaigns or community meetings in high-risk areas to directly engage residents and provide them with resources on flood insurance.
• Digital Media Campaigns: Use social media platforms, the city’s website, and other digital channels to share educational content about flood insurance, such as infographics, videos, and testimonials from residents who have benefited from coverage. • Collaborations with Real Estate Agents and Banks: Partner with local businesses and real
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estate agents to distribute flood insurance information to clients, especially those purchasing property in flood-prone areas.
• Public Service Announcements (PSAs): Run radio, TV, or online PSAs that emphasize the importance of flood insurance, especially for those in flood-prone areas or the SFHA. • Email Newsletters: Send regular email newsletters to residents, providing updates on flood risks, insurance options, and any available discounts or incentives through the CRS. • Incentive Programs: Offer incentives or discounts for those who purchase or renew flood insurance, leveraging available CRS discounts or other local programs to encourage signups. • School and Youth Programs: Educate the younger generation about flood risks and insurance through school programs, presentations, or community youth activities, helping them understand the importance of emergency preparedness. • Flood Insurance Awareness Week: Dedicate a specific week each year to raise awareness about flood insurance through events, social media campaigns, and partnerships with local media outlets.
By using a combination of these strategies, the city can more effectively raise awareness and increase participation in flood insurance programs.
FISCAL IMPACT
There is no additional fiscal impact to revise the city’s PPI. Funds are budgeted every year to support the city’s participation in the CRS program.
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City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: December 3, 2024
ITEM NO: 6.7
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 878, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, Amending Chapter 16.44 of the Patterson Municipal Code (Dedication-Park and Recreation) to Update the City’s Quimby Ordinance.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 878, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, Amending Chapter 16.44 of the Patterson Municipal Code (Dedication-Park and Recreation) to Update the City’s Quimby Ordinance
BACKGROUND
Motion to Approve Second Reading of Ordinance No. 878, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 878, Reading by title only, waiving further reading.
ANALYSIS
On November 19, 2024 the City Council approved the First reading and Introduction of Ordinance No. 878 in regards to , Amending Chapter 16.44 of the Patterson Municipal Code (Dedication-Park and Recreation) to Update the City’s Quimby Ordinance. Staff is now requesting for the City Council to approved the second reading and adoption of Ordinance No. 878, with no changes as presented and hereto attached.
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{CW143125.8}
ORDINANCE NO. 878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON AMENDING CHAPTER 16.44 OF THE PATTERSON MUNICIPAL CODE
(DEDICATION – PARK AND RECREATION), TO UPDATE THE CITY’S QUIMBY
ORDINANCE AND PARKLAND IN-LIEU FEE FOR SUBDIVISIONS
WHEREAS, pursuant to Government Code § 66477, the legislative body of a city or county may, by ordinance, require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of subdivision maps, subject to certain requirements (referred to as the “Quimby Act”); and WHEREAS, the City’s Quimby Act ordinance was last updated in 1995; and WHEREAS, the City’s General Plan requires a minimum parkland standard of five (5) acres of parkland per one thousand (1,000) residents (City of Patterson General Plan, PR-1.2, PR-1.3, PR1.5, PR-1.6); and WHEREAS, the City’s Parks & Recreation Master Plan provides for a minimum parkland standard of five (5) acres of parkland per one thousand (1,000) residents (City of Patterson, Parks & Recreation Master Plan - 5.2); and
WHEREAS, on October 15, 2024, the City Council adopted Resolution No. 2024-59 updating various City Development Impact Fees and the corresponding Nexus Studies, including but not limited to, fees for the City’s Corporation Yard, City Hall, Recreation Facilities, and Parkland; and WHEREAS, the Nexus Study for the identified Development Impact Fees was prepared by Willdan Financial Services, Inc.; and
WHEREAS, the Nexus Study identifies the fees to be charged for parkland and parkland improvements pursuant to the Mitigation Fee Act (Gov. Code, § 66000 et seq.) and for subdivisions pursuant to the Quimby Act (Gov. Code, § 66477); and WHEREAS, the purpose of this ordinance is to update the City’s Quimby Act ordinance, in accordance with the City’s existing parkland standard and the Nexus Study.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON DOES ORDAIN AS FOLLOWS:
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Attachment: Ordinance No. 878 - Quimby Act Code Amendment (Attachment 1) (Ordinance No. 878 Amending Chapter 16.44 Parks-Quimby {CW143125.8}
Section 1. Amendment to Patterson Municipal Code. Chapter 16.44 (Dedication-Park and Recreation), of Title 16 (Divisions of Land), of the Patterson Municipal Code, shall be repealed in its entirety and amended with a new Chapter 16.44, which shall read as follows:
Chapter 16.44
DEDICATION-PARK AND RECREATION
Sections:
16.44.010 Purpose.
16.44.020 General Standard.
16.44.030 Applicability.
16.44.040 Standards and Formula for Dedication of Land.
16.44.050 Dedication and Improvement Requirements.
16.44.060 Payment of Fees In Lieu of Land.
16.44.070 Private Parks and Recreation Areas.
16.44.010 Purpose.
This chapter is enacted pursuant to the authority granted by Government Code § Section 66477 and the City of Patterson General Plan. The need for park and recreation facilities results from increases in residential development. Therefore, as a condition of approval of a final map or parcel map, the applicant shall dedicate land, pay a fee in lieu thereof, or a combination of both, for park or recreational purposes at the time of approval of the parcel map or final map, in accordance with this chapter. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks and recreational facilities.
16.44.020 General Standard.
The City Council finds that the amount of existing neighborhood and community park areas exceeds three (3) acres per one thousand (1,000) persons residing in the City, and that the public interest, convenience, health, welfare, and safety require that five (5) acres of land for each one thousand (1,000) persons residing in the City be devoted to neighborhood and community park and recreational purposes.
16.44.030 Applicability.
A. The provisions of this chapter shall apply to all residential subdivisions of five (5) parcels or more as a condition to approval.
B. For subdivisions of fewer than five (5) parcels, a condition may be placed on the approval of a subdivision map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit.
C. Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior dedication or fee requirement.
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Attachment: Ordinance No. 878 - Quimby Act Code Amendment (Attachment 1) (Ordinance No. 878 Amending Chapter 16.44 Parks-Quimby {CW143125.8}
D. The provisions of this chapter shall not apply to any of the following:
i. Industrial or commercial subdivisions.
ii. Condominium projects or stock cooperatives, which consists of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.
iii. Any other type of subdivision excluded from such requirements by the Subdivision Map Act.
16.44.040 Standards and Formula for Dedication of Land.
A. The formula for determining acreage to be dedicated is based on a standard of five (5) acres of park area per one thousand (1,000) members of the population. The formula for dedication of land shall be:
Average number of persons per unit /
1,000 population x
5 acres of parkland x
Number of units in subdivision =
______________________________________
Land area to be dedicated.
B. Subject to the approval of the Community Development Director, the average number of persons per unit may be adjusted for different types of residential development (for example, mobile homes, single-family, multifamily). Such requests shall be filed by the applicant and include a justification for applying a lower density per unit, to the satisfaction of the Community Development Director.
C. Where more than one (1) dwelling unit will be located on a single lot, in order to determine the total number of units in the subdivision, the Community Development Director shall have the discretion to use the maximum allowed density of the applicable zoning designation. The applicant shall submit such information as may be reasonably requested by the Community Development Director, in order to determine the number of units in the subdivision.
D. Other open space areas included in the subdivision, such as dual-use drainage basins or buffer areas, may be eligible to satisfy the land dedication requirement, subject to the approval of the Community Development Director.
16.44.050 Dedication and Improvement Requirements.
The following parkland dedication and improvement requirements will apply to the filing of parcel maps, tentative maps, and final maps:
A. Whenever a subdivision map is submitted to the City, the applicant shall consult with the Community Development Director to determine whether parkland, in-lieu fees, or a
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Attachment: Ordinance No. 878 - Quimby Act Code Amendment (Attachment 1) (Ordinance No. 878 Amending Chapter 16.44 Parks-Quimby {CW143125.8}
combination of both, shall be dedicated for parks and recreational purposes. If land will be dedicated, it shall be so designated in the land area on the submitted map.
B. The Community Development Director shall determine the suitability of the applicant's proposal for parkland or fees, or both, to serve the subdivision. The amount and location of the parkland to be dedicated shall be determined by the Community Development Director.
C. If land is to be dedicated, the applicant may be conditioned to construct the park improvements in accordance with City standards. Conceptual plans for the park improvements shall be reviewed by the Community Development Director for consistency with the City’s General Plan, Parks and Recreation Master Plan, and other Specific Plans or Master Plans (as may applicable).
D. If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Community Development Director and the City Engineer. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the parkland to City standards.
E. The Community Development Director may impose conditions on the timing of construction of the parkland improvements in relation to availability of units in the subdivision.
F. The applicant and the City may enter into a park development agreement that provides for the schedule, design, fee credits, construction, and completion of the park improvements.
G. If land is to be dedicated, such dedication shall be accomplished by dedication on the Final Map or by Grant Deed. Parkland shall be dedicated to the City in fee title. Dedicated parkland will be considered accepted when accepted by the City Council.
H. Prior to acceptance by the City Council, the parkland shall be free and clear of all encumbrances except those that the City accepts in writing. An environmental site assessment report may be required to determine that the land is free from toxic or hazardous materials. The applicant shall include a preliminary title report and title insurance in favor of the City, in an amount approved by the City.
16.44.060 Payment of Fees In Lieu of Land.
A. The fee paid in lieu of land dedication for a proposed subdivision shall be set by resolution of the City Council.
B. For purposes of calculating the in-lieu fee, in order to determine the total units in the subdivision, the Community Development Director shall have the discretion to use the maximum allowed density of the applicable zoning designation. The applicant shall submit such information as may be reasonably requested by the Community Development Director, in order to determine the number of anticipated units in the subdivision.
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Attachment: Ordinance No. 878 - Quimby Act Code Amendment (Attachment 1) (Ordinance No. 878 Amending Chapter 16.44 Parks-Quimby {CW143125.8}
C. All park in-lieu fees required to be paid pursuant to this chapter shall be paid as a condition of and upon approval of a parcel map or final map, and shall be deposited into the park inlieu fund.
D. For subdivisions containing fifty (50) parcels or fewer, the City may allow the applicant to only pay fees, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be fewer than 50.
16.44.070 Private Parks and Recreation Areas.
Where private park and recreation areas are proposed within a subdivision to be privately-owned and maintained, the following requirements apply:
A. The applicant is eligible to receive credit for the private open space within the development which is usable for active recreational uses, subject to the approval of the Community Development Director. The Community Development Director may grant up to full credit toward the City’s land dedication requirement, depending on the amount of parkland available to the general public. If the private open space within the development is restricted from public use, then the Community Development Director may grant up to fifty percent (50%) credit toward the City’s land dedication requirement.
B. Evidence shall be provided that ownership and maintenance of the private park will be adequately provided for in perpetuity by recorded written agreement, covenants, or restrictions. Any such document and subsequent amendments shall be subject to review and approval of the Community Development Director.
Section 2. Severability.
If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
Section 3. Publication and Effective Date.
This Ordinance shall take effect thirty (30) days after its passage by the City Council and following the affirmative vote of a majority of the members of the City Council. Within fifteen (15) days of its adoption, a summary of the Ordinance shall be published in a newspaper of general circulation in the City of Patterson, California, which summary shall include the names of those Council Members voting for and against the Ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.
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Attachment: Ordinance No. 878 - Quimby Act Code Amendment (Attachment 1) (Ordinance No. 878 Amending Chapter 16.44 Parks-Quimby {CW143125.8}
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 19th day of November 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2024, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
___________________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
__________________________________
Aracely Alegre
City Clerk of the City of Patterson
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Attachment: Ordinance No. 878 - Quimby Act Code Amendment (Attachment 1) (Ordinance No. 878 Amending Chapter 16.44 Parks-Quimby City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: December 3, 2024
ITEM NO: 6.8
SUBJECT: Approve Resolution No. 2024-69 of the City Council of the City of Patterson Declaring Intention to Reimburse Expenditures Relating to the WWTP Expansion Phase III Project from the Proceeds of Tax-Exempt Obligations.
RECOMMENDATION
Motion to Approve Resolution No. 2024-69 of the City Council of the City of Patterson Declaring Intention to Reimburse Expenditures Relating to the WWTP Expansion Phase III Project from the Proceeds of Tax-Exempt Obligations.
BACKGROUND
The City of Patterson (City) provides wastewater collection, treatment, and disposal services via the Patterson Wastewater Quality Control Facility (WQCF) for the land within the extents of the city. The existing WQCF receives wastewater from the city as well as Diablo Grande, a residential community approximately eight miles southwest of Patterson. The City’s current estimated population is 25,063 as of 2023, with 7,008 sewer service customers (6,724 residential connections and 284 commercial/industrial connections. Wastewater treated at the WQCF is primarily from residential sources.
The city is considering undertaking a capital improvement project for the City’s public safety center. It is anticipated that long-term financing will be required, and the city will desire to utilize the tax-exempt municipal bond market for the financing.
The latest cost estimate obtained for the Wastewater Treatment Plant Expansion Phase III project totals $20.1 million dollars. The planned expansion will increase its treatment capacity to manage up to 3.7 MGD between the three treatment systems and to maintain effluent quality for
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future population growth. The expansion will also include the installation of a membrane bioreactor (MBR) superstructure, with a focus on water reuse and recycling. The MBR is an ideal process for recycling municipal wastewater in space limited locations because of its compact size, its ability to produce reusable water and trouble-free operation. As a result of this expansion the city will not yet be able to produce recycled water, however it will be better prepared to do so in the future.
ANALYSIS
In order for bonds to be issued tax-exempt the City needs to comply with certain IRS requirements. The IRS allows a bond issuer to use the proceeds of its bond issuance to reimburse expenditures made prior to the time bonds are issued, but only so long as the City expresses an intent to do so prior to the actual issuance of the bonds.
A reimbursement resolution is necessary to initiate the City’s intentions to use bond proceeds to reimburse itself for costs it actually pays prior to the issuance of bonds. It then can use the bond proceeds to reimburse itself for costs of the project paid up to 60 days prior to the date the resolution is adopted, subject to certain limitations, the main one being: reimbursement (bond issuance) must occur not later than 18 months after the later of (I) the date on which the expenditure is paid, or (ii) the date on which the project is placed in service, but in no event more than 3 years after the expenditure was paid. No reimbursement resolution is required for reimbursement of soft costs (with a 20% limit for soft costs older than 60 days prior to the resolution) or if a developer, rather than the city, is to be reimbursed. The resolution is not required for reimbursement of “soft” costs (e.g., design, environmental review), however, it is good practice to adopt the resolution well in advance of the expenditure of “hard” costs (e.g., construction, utility relocation).
In order to reimburse the proceeds of the proposed tax-exempt bonds, the city has been advised by its bond counsel that the Council should adopt a resolution indicating the City’s intention to obtain reimbursement for costs incurred to date. There is no consequence to the City if bonds are not issued. If the financing does not proceed there is no adverse consequence to having passed the resolution.
The proposed resolution meets the IRS requirement enabling the reimbursement for prior expenditures, if any.
FISCAL IMPACT
The total estimated project cost is $20.1 million. The majority of the funding, 92%, for this project will come from development as expansion will accommodate future growth. The remaining 8% is the City’s share as the upgrades included with the expansion will address current system deficiencies. $18.4 Million from development (CFDs) and $1.6 Million from City funds. To date, the City has funded plant upgrades/SCADA system, and design costs for this project in the amount of $1.8 Million.
The city has identified the following funding sources for this project:
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Residential (Villages of Patterson) CFD 2018-1 (Fund 179) = $5 Million (Bond Proceeds) Residential (Baldwin Ranch) CFD 2022-2 (Fund xxx) = $1 Million (Bond Proceeds) West Patterson Business Park CFD 2005-1 (Fund 191) = $14.1 Million (Bond Proceeds) Self Help CFD Pre-Payment = $327,237
Funding Plan Grand Total =$20,427,237 *(Construction, Contingency, and Project Management included)
The City is seeking Council approval of the attached resolution to allow for reimbursement from Bond Proceeds in the amount of $10 Million. This amount would reimburse for costs incurred to date for design and SCADA system improvements. These funds were expensed out of the City’s Sewer CIP funds 606. The City may use some combination of funding as the funding becomes available. The VOP CFD may need to reimburse the other funding sources for this project such that is will contribute up to $12 million towards the wastewater plant expansion as originally intended.
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RESOLUTION NO. 2024-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
DECLARING INTENTION TO REIMBURSE EXPENDITURES RELATING TO THE
WWTP EXPANSION PHASE III FROM THE PROCEEDS OF TAX-EXEMPT
OBLIGATIONS
WHEREAS, the City of Patterson (the “City”) owns and operates wastewater facilities within the city limits ; and
WHEREAS, the City anticipates undertaking an expansion of its existing wastewater facilities located on 14901 Poplar Avenue, to issue debt for this capital improvement project, and to use a portion of the proceeds of such debt to reimburse expenditures made for the WWTP Expansion Phase III prior to the issuance of the debt; and WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that prior to the payment of any such expenditures, the issuer declares an intention to reimburse such expenditure; and WHEREAS, it is in the public interest and for the public benefit that the City declares its official intent to reimburse the expenditures referenced herein for the Wastewater Expansion Phase III Project.
WHEREAS, The City may use some combination of funding as the funding becomes available. The VOP CFD may need to reimburse the other funding sources for this project such that it will contribute up to $12 million towards the wastewater plant expansion as originally intended.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:
Section 1. Description of Project. The City Council hereby declares that it reasonably expects the City, or a related entity, to issue tax-exempt obligations in one or more series (the “Obligations”) for the purpose of paying the costs of capital improvement projects related to the Wastewater Treatment Plant Expansion Phase III (the “Project”).
Section 2. City Expectations. The City hereby declares that they have incurred costs for this project to the date of issuance of the anticipated Obligations and is currently seeking a portion of the proceeds of the Obligations for reimbursement of expenditures for the Project that were paid before the date of issuance of the Obligations. The maximum amount of the reimbursement being requested through this resolution is $10,000,000.
Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
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Attachment: Resolution No. 2024-69 - Reimbursement WWTP Expansion Phase III Project Expenses 12-3-24 (Approve Resolution No. 2024-69 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 3
rd day of December 2024, by , who moved
its adoption, which motion was duly seconded by , and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 3 rd day of December 2024, and I
further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
________________________________
City Clerk of the City of Patterson
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Attachment: Resolution No. 2024-69 - Reimbursement WWTP Expansion Phase III Project Expenses 12-3-24 (Approve Resolution No. 2024-69 City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: December 3, 2024
ITEM NO: 7.1
SUBJECT: Adopt the final conceptual design layout for the Centennial Park Project.
RECOMMENDATION
Motion to Adopt the final conceptual design layout for the Centennial Park Project.
BACKGROUND
The City of Patterson had originally contracted a scope of work with RHAA Landscape Architecture & Planning (RHAA) to provide a rendering of the site plan for the new Centennial Park, including the PJUSD Theater building. During the completion of the final park master plan design, PJUSD began the architectural design work for the District Theater. Upon completion of the theater design, it was realized that the site plan designed for the theater was much larger and in a different location than designated in the master plan. Therefore, due to the adjustment in the design size and location of the district’s theater, features designed within the Centennial Park Master Plan must be reallocated as well as adjustments made to landscaping, sidewalks, and playgrounds. In lieu of issuing a scope of work to update the Master Plan to RHAA, during the City Council meeting February 7, 2023, council requested this item be returned at a later date for further discussion.
At the March 21, 2023 City Council meeting, City Staff was directed to issue a request for proposals for the Centennial Park Conceptual Design, Final Design, and Community Center Preliminary Design. The RFP was advertised and the contract was subsequently awarded to the Melton Design Group, Inc. (MDG) at the November 7, 2023 City Council meeting.
ANALYSIS
The project kickoff meeting was held in December 2023. City Staff and MDG have engaged in
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regularly scheduled meetings as the conceptual plan options were refined. The first step in the design process was determining what had previously been accomplished and decided with the initial park master plan. City Staff and MDG reviewed the findings from the previously completed plan and the comments that were received from the community during the workshop.
From this analysis, the conceptual plans showing the various layouts were generated. These conceptual plans were presented to City Council in May 2024. City Council provided value input to be incorporated into the final design. The final design was a collaboration of the various layouts.
The next step will be to complete the design. The current estimated project schedule has design complete in Spring 2025.
This presentation will review the final conceptual layout that has been generated for Centennial Park. We now seek approval from the City Council for the final layout.
FISCAL IMPACT
There is no fiscal impact associated with this item.
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Attachment: MP booklet (Centennial Park Project)
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Attachment: MP booklet (Centennial Park Project)
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Attachment: MP booklet (Centennial Park Project)
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Attachment: MP booklet (Centennial Park Project)
City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: December 3, 2024
ITEM NO: 8.1
SUBJECT: Approve the First Reading and Introduction of Ordinance No. 875 revising the maximum height section of Table 18.46.040-1 of the Patterson Municipal Code, “Development Standards for Industrial Districts.”
RECOMMENDATION
Motion to Approve the First Reading and Introduction of Ordinance No. 875 revising the maximum height section of Table 18.46.040-1 of the Patterson Municipal Code, “Development Standards for Industrial Districts.”
BACKGROUND
This item, regarding a zoning code amendment that would raise the maximum height in the West Patterson Light Industrial Zone from 120 feet to 150 feet, was continued from the August 20, 2024 City Council meeting. During the public hearing, Councilmembers and the public expressed concerns about the proposed ordinance that focused around two potential concerns:
Keeping large buildings away from residences and maintaining views of the Diablo Range.
ANALYSIS
Distances from Homes
The West Patterson Light Industrial Zone is the only zone where the code amendment would apply. Restricting the height exception to the West Patterson Light Industrial Zone ensures that such heights are restricted to larger, more intense uses, in a location that includes other larger, more intense land uses.
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As currently constituted, the West Patterson Light Industrial Zone is buffered from residential uses by less intense zones, with the minimum distance being 500 feet from residentially zoned districts. In fact, based on the requirements proposed, no new building could be built that would take advantage of the maximum height within one-half mile of a residentially zoned district.
This does not account for the potential for the rezoning of land, or demolition and reconstruction of an existing building, but does provide some level of protection. City staff noted that changing the requirements of subsection (b) from 1:3 to a 1:5 ratio would provide additional measures to minimize potential aesthetic / visual impacts that could arise otherwise. The originally proposed zoning language reads as follows:
b) Building projections above 60 feet shall maintain, at a minimum, a 1:3 setback from any residentially designated zone or General Plan designation.
This change would ensure that the peak of a building reaching 150 feet in height would be at least 750 feet away from a residentially zoned property.
Protecting Viewsheds
The Diablo Range, located west of Patterson provides scenic vistas from many locations in and around Patterson. In the Patterson area, elevations increase from the river toward the Diablo Range with a sharp grade increase starting near the eastern side of the California Aqueduct.
Hilltops just east of the freeway crest at about 500 feet above sea level. Within two miles of the city of Patterson, hilltops crest at over 1500 feet with one rising more than 1700 feet.
Land where tall buildings could be built under the proposed amendment to the ordinance range from 140 to 200 feet in elevation, with the most reasonable places for these to be built at 140-180 feet above sea level. The freeway sits about 300 feet above sea level west of Patterson. Under the most extreme example possible, a 150-foot building constructed at a 200-foot elevation would be 350 feet above sea level. At this height, the building would have the potential to block full views of the hills but would crest above the skyline from residences within the city.
Requiring the 1:5 ratio noted above would further ensure hill views are maintained.
Comparison Cities
The following table provides the maximum height allowed in equivalent zoning designations for cities in our region. Cities in southern Stanislaus County are included for context of the local region. The cities of Lathrop, Manteca, and Tracy are included because these cities are regular competitors with the city of Patterson for job centers looking for a potential location.
City Maximum Height
Newman 50 ft (75 with Planning Commission approval)
Ceres No limit
Turlock No limit
Modesto 90 ft (projections up to 105), 45 ft adjacent to residences
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Lathrop 76 ft (95 with Planning Commission approval)
Manteca No limit
Tracy No limit
FISCAL IMPACT
N/A
ATTACHMENTS
Ordinance No. 875
August 20, 2024 City Council Staff Report “Business Park Maximum Height Ordinance July 25, 2024 Planning Commission Staff Report “Business Park Maximum Height Ordinance Patterson Quadrangle Topographical Map
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ORDINANCE NO. 875
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON REVISING THE MAXIMUM HEIGHT SECTION OF TABLE 18.46.040-1 OF THE PATTERSON MUNICIPAL CODE, “DEVELOPMENT STANDARDS FOR
INDUSTRIAL DISTRICTS
WHEREAS, the City has experienced an increasing number of requests for additional height in the City’s business park areas;
WHEREAS, the City Council finds that the revision below will promote the health, safety, and welfare of the public, and protect property rights of owners, by mitigating the effects of increased height through review, architecture, and distance requirements; WHEREAS, the City Council finds that the revision of the Chapter below to the Patterson Municipal Code will promote the health, safety, and welfare of the public by providing additional employment opportunities; and
WHEREAS, the Planning Commission considered the proposed revision at a meeting on July 25, 2024 and recommended approval to the City Council.
NOW, THEREFORE THE CITY OF PATTERSON CITY COUNCIL DOES
ORDAIN AS FOLLOWS:
SECTION 1: Table 18.46.040-1 “Development Standards for Industrial Districts,” of the Patterson Municipal Code, is hereby amended to read as follows:
Section 18.46.040 Development Standards
The following development standards are applicable to the industrial zoning districts.
These standards, along with other development standards (e.g., landscaping requirements, parking standards) in this title and citywide design guidelines, are intended to assist property owners and project designers in understanding the city’s minimum requirements and expectations for high quality development.
Table 18.46.040-1
Development Standards for Industrial Districts
Industrial Districts
(See Section 18.46.020 for descriptions)
LI HI IBP IL
Floor Area Ratio (maximum) 1
Floor area ratio 0.4 0.4 n/a n/a
Setbacks (minimum) 2
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Attachment: 2024 Maximum height ordinance (Ordinance No. 875 Development Standards for Industrial Districts) Industrial Districts
(See Section 18.46.020 for descriptions)
LI HI IBP IL
Front and exterior yard 10' no min. 15' 15'
Side yard 3 no min. no min. n/a n/a
Rear yard 3 no min. no min. n/a n/a
Lot Area (minimum SF) 4
Lot area no min. no min. 65,340 sf
(1.5 acres)
87,120 sf
(2 acres)
Building Size (minimum SF)
Building size no min. no min. 15,000 sf 25,000 sf
Lot Dimensions (minimum)
Width no min. no min. 75' 100'
Depth no min. no min. 75' 100'
Height (maximum) 5
Building/structure n/a n/a 45' 45'6
Building/structure within 100' of the
property line of property zoned for
residential use
32' 32' n/a n/a
Building/structure more than 100' from
the property line of property zoned for
residential use
45' 50' n/a n/a
Lot Coverage (maximum)
Buildings n/a n/a 50% 50%
Impervious surface 90% 90% 80% 80%
Landscaping See regulations in Chapter 18.80
Lighting See regulations in Chapter 18.82
Fences, Walls and Screening See regulations in Chapter 18.70 Parking and Loading See regulations in Chapter 18.78
Signs See regulations in Chapter 18.84
Projections and Encroachments See regulations in Chapter 18.60 Table Notes:
1. Project may be eligible for a bonus as described in Chapter 18.90.
2. See additional regulations for setbacks and encroachments for accessory structures, fireplaces, architectural features, patios, decks, and fences in Chapter 18.60.
3. Minimum side yard setback is 5 feet when abutting alleys and 10 feet when abutting residential districts. Minimum rear yard setback is 10 feet when abutting alleys or residential districts. The minimum setback for parking, buildings, and other structures along Rogers Road, Baldwin Road, and Sperry Avenue shall be 20 feet measured from the property line or the adopted right-of-way plan line, whichever is greater.
4. For uses requiring a conditional use permit, the planning commission may establish alternative minimum lot sizes.
Projects with a land area 5 acres or greater, or projects with construction square footage of 30,000 square feet or greater, shall be subject to applicable review process in Article II.
5. See Chapter 18.60 for permitted projections into setbacks and exceptions to height limitations. A height increase may also be granted to allow for exceptional architecture or for unique architectural features (e.g., clock tower, church steeple, etc.) through the minor adjustment process (Section 18.16.110).
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Attachment: 2024 Maximum height ordinance (Ordinance No. 875 Development Standards for Industrial Districts)
6. The Planning Commission may conditionally approve additional height adjustments up to 150 feet, subject to the following requirements:
a) Building heights above 70 feet must include a stepped profile. b) Building projections above 60 feet shall maintain, at a minimum, a 1:3 height to distance ratio from any residentially designated zone or General Plan area. c) Any building height over the maximum permitted shall be part of a building of at least 750,000 square feet, or a campus of buildings totaling 750,000 square feet, or more.
SECTION 2. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 3. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, and notice of the ordinance shall be published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The above ordinance was first introduced at a regular meeting of the City Council of the City of Patterson held on ________, 2024. At a regular meeting on __________, 2024, the City Council held a second reading of the ordinance, which was passed and adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_________________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
________________________________
Aracely Alegre
City Clerk of the City of Patterson
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Attachment: 2024 Maximum height ordinance (Ordinance No. 875 Development Standards for Industrial Districts) 1 CITY COUNCIL AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: August 20, 2024
ITEM NO: ____________
SUBJECT: Approve the First Reading and Introduction of Ordinance #XXX revising the maximum height section of Table 18.46.040-1 of the Patterson Municipal Code, “Development Standards for Industrial Districts.”
RECOMMENDATION
Approve the First Reading and Introduction of Ordinance #XXX revising the maximum height section of Table 18.46.040-1 of the Patterson Municipal Code, “Development Standards for Industrial Districts.”
BACKGROUND
To maintain competitiveness in attracting business to the City’s business park, staff recommends a code amendment that would allow a maximum height of 150 feet in the West Patterson Light Industrial (IL) Zone. Currently, the municipal code allows a maximum height of 45 feet for structures with this zoning designation with allowances made for projections up to a total of 60 feet. The municipal code provides provisions for buildings in the IL Zone to reach a maximum of 120 feet if certain conditions are met. This code language reads as follows:
The Planning Commission may conditionally approve additional height adjustments up to 120 feet, subject to the following requirements:
a) Building heights above 70 feet must include a stepped profile. b) Building projections above 60 feet shall maintain, at a minimum, a 1:3 setback from any residentially designated zone or General Plan designation.
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Attachment: 2024 Maximum Height CC report 8-20-24 (Ordinance No. 875 Development Standards for Industrial Districts) 2 c) Any building height over the maximum permitted height shall be part of a building of at least 750,000 square feet, or part of a campus of buildings totaling 750,000 square feet, or more.
The proposed code language would keep this section in place but would raise the maximum height from 120 feet to 150 feet.
ANALYSIS
The business parks include two zoning designations, West Patterson Light Industrial (IL), and West Patterson Industrial Business Park (IBP). Typically, the IBP zone has been used for smaller uses and placed along entrances to the City and interfaces with residential neighborhoods. Larger land uses are typically located in the IL zone where potential impacts to neighbors are more limited. As additional protection, the code language requires a conditional use permit for any building over 45 feet tall, which requires approval of the Planning Commission.
Considerations
When considering taller buildings, several factors should be considered, such as impacts on viewsheds, pedestrian scale, problematic shadows, wind downwash, context, architectural quality, and fire safety.
Viewsheds
A point of emphasis in past review of projects has been to maintain viewsheds from the City toward the foothills of the Coast Range to the west, particularly from residences. For this reason, the additional height allowance is only allowed in the West Patterson Light Industrial zone:
The Planning Commission may conditionally approve additional height adjustments up to 150 feet, subject to the following requirements:
d) Building heights above 70 feet must include a stepped profile. e) Building projections above 60 feet shall maintain, at a minimum, a 1:3 setback from any residentially designated zone or General Plan designation. f) Any building height over the maximum permitted height shall be part of a building of at least 750,000 square feet, or part of a campus of buildings totaling 750,000 square feet, or more.
The first bullet point is included to provide some relief by ensuring that a building is somewhat sloped away from residences. The second requirement would provide space between a tall building and residences. For instance, a 150-foot-tall structure would be required to be at least 450 feet from a residential area. An 80-foot-tall structure would be required to be at least 240 feet from a residential area. The 60-foot requirement is used in this instance because of the
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Attachment: 2024 Maximum Height CC report 8-20-24 (Ordinance No. 875 Development Standards for Industrial Districts) 3 maximum height in the IL zone plus the allowance for projections. The third bullet is intended to restrict this exception to uses with an already large profile.
Pedestrian Scale
Typically, buildings feel “tall” to people when the building height is roughly twice the adjacent street width. Staff proposes that height issues related to pedestrian scale will also be alleviated through three measures: First, typical street sections in the business park area range from 60 feet to 110 feet, within the twice adjacent street width calculation. Second, the Municipal Code requires a 15-foot setback for structures from the front property line, so buildings will be set back from the street. Third, the requirement recommended by staff would reduce how big the building feels when viewed close up to the building. Additionally, while not specifically required in the code, large buildings, such as those that would be eligible to pursue the exception, will typically include other improvements, such as parking lots and landscaping, that place the building farther from the street.
Problematic Shadows
Cities with large buildings have included requirements related to how shadows from large buildings affect adjacent properties, particularly for parks and neighborhoods. The provisions in the code provide built in relief from this issue for sensitive areas.
Wind downwash
Tall buildings with large unbroken profiles tend to draw wind down to ground level in an effect called downwash. Wind speed normally increases with height, so the taller the building the higher the wind pressure. Wind force increases at a square of its speed, so pedestrians next to a tall building can experience an increase in wind force. By requiring that buildings be stepped as required in the code, wind is diffused before it reaches the ground.
Context
Typically, a particular height will just seem right for a neighborhood. A three-story building may look huge in some neighborhoods but would look small in many urban cores. The business park, in general, has seen buildings constructed in the range of 32-47 feet tall. Context is generally considered on a case-by-case basis as part of the architectural and site plan review process required for any new building of a substantial size. Restricting the height exception to the West Patterson Light Industrial Zone ensures that such heights are restricted to larger, more intense uses, in a location that includes other larger, more intense land uses.
Architectural Quality
Buildings constructed in the business park have been held to a high architectural standard outlined in the City’s design guidelines and the business park master development plans. Tall
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Attachment: 2024 Maximum Height CC report 8-20-24 (Ordinance No. 875 Development Standards for Industrial Districts) 4 buildings may require additional attention because these buildings draw attention and, in some cases, can be a source of identity to the community. Staff intends to maintain these high standards, which would be confirmed by the Planning Commission as part of the architectural and site plan review process.
Fire Safety
Very tall buildings cannot be reached by typical fire truck ladders and appropriate measures must be set in place to ensure fire safety and allow individuals in elevated locations to safely exit.
These issues would be considered as part of the fire department’s plan check review.
FISCAL IMPACT
N/A
ATTACHMENTS
Draft Ordinance No. XXX
July 25, 2024 Planning Commission Staff Report “Business Park Maximum Height Ordinance
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Attachment: 2024 Maximum Height CC report 8-20-24 (Ordinance No. 875 Development Standards for Industrial Districts)
CITY OF PATTERSON
Planning Commission Staff Report
Business Park Maximum Height Ordinance
July 25, 2024 Meeting
PROJECT SUMMARY
Make a recommendation to the City Council regarding proposed revisions to the maximum height section under Table 18.46.040-1, “Development Standards for Industrial Districts”.
ANALYSIS
To maintain competitiveness in attracting business to the City’s business park, staff recommends a code amendment that would allow a maximum height of 150 feet in the West Patterson Light Industrial (IL) Zone. Currently, the municipal code allows a maximum height of 45 feet for structures with this zoning designation with allowances made for projections up to a total of 60 feet. The municipal code provides provisions for buildings in the IL Zone to reach a maximum of 120 feet if certain conditions are met.
This code language reads as follows:
The Planning Commission may conditionally approve additional height adjustments up to 120 feet, subject to the following requirements:
a) Building heights above 70 feet must include a stepped profile. b) Building projections above 60 feet shall maintain, at a minimum, a 1:3 setback from any residentially designated zone or General Plan designation. c) Any building height over the maximum permitted height shall be part of a building of at least 750,000 square feet, or part of a campus of buildings totaling 750,000 square feet, or more.
The proposed code language would keep this section in place but would raise the maximum height from 120 feet to 150 feet.
ZONING
The business parks include two zoning designations, West Patterson Light Industrial (IL), and West Patterson Industrial Business Park (IBP). Typically, the IBP zone has been used for smaller uses and placed along entrances to the City and interfaces with residential neighborhoods. Larger land uses are typically located in the IL zone where potential impacts to neighbors are more limited. As additional protection, the code language requires a conditional use permit for any building over 45 feet tall, which requires approval of the Planning Commission.
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Attachment: 2024 Business Park Max height PC report PDF 7-25-24 (Ordinance No. 875 Development Standards for Industrial Districts)
CONSIDERATIONS
When considering taller buildings, several factors should be considered, such as impacts on viewsheds, pedestrian scale, problematic shadows, wind downwash, context, architectural quality, and fire safety.
Viewsheds
A point of emphasis in past review of projects has been to maintain viewsheds from the City toward the foothills of the Coast Range to the west, particularly from residences. For this reason, the additional height allowance is only allowed in the West Patterson Light Industrial zone:
The Planning Commission may conditionally approve additional height adjustments up to 150 feet, subject to the following requirements:
d) Building heights above 70 feet must include a stepped profile. e) Building projections above 60 feet shall maintain, at a minimum, a 1:3 setback from any residentially designated zone or General Plan designation. f) Any building height over the maximum permitted height shall be part of a building of at least 750,000 square feet, or part of a campus of buildings totaling 750,000 square feet, or more.
The first bullet point is included to provide some relief by ensuring that a building is somewhat sloped away from residences. The second requirement would provide space between a tall building and residences. For instance, a 150-foot-tall structure would be required to be at least 450 feet from a residential area. An 80-foot-tall structure would be required to be at least 240 feet from a residential area. The 60-foot requirement is used in this instance because of the maximum height in the IL zone plus the allowance for projections. The third bullet is intended to restrict this exception to uses with an already large profile.
Pedestrian Scale
Typically, buildings feel “tall” to people when the building height is roughly twice the adjacent street width. Staff proposes that height issues related to pedestrian scale will also be alleviated through three measures: First, typical street sections in the business park area range from 60 feet to 110 feet, within the twice adjacent street width calculation.
Second, the Municipal Code requires a 15-foot setback for structures from the front property line, so buildings will be set back from the street. Third, the requirement recommended by staff would reduce how big the building feels when viewed close up to the building. Additionally, while not specifically required in the code, large buildings, such as those that would be eligible to pursue the exception, will typically include other improvements, such as parking lots and landscaping, that place the building farther from the street.
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Attachment: 2024 Business Park Max height PC report PDF 7-25-24 (Ordinance No. 875 Development Standards for Industrial Districts) Problematic shadows
Cities with large buildings have included requirements related to how shadows from large buildings affect adjacent properties, particularly for parks and neighborhoods. The provisions in the code provide built in relief from this issue for sensitive areas.
Wind downwash
Tall buildings with large unbroken profiles tend to draw wind down to ground level in an effect called downwash. Wind speed normally increases with height, so the taller the building the higher the wind pressure. Wind force increases at a square of its speed, so pedestrians next to a tall building can experience an increase in wind force. By requiring that buildings be stepped as required in the code, wind is diffused before it reaches the ground.
Context
Typically, a particular height will just seem right for a neighborhood. A three-story building may look huge in some neighborhoods but would look small in many urban cores. The business park, in general, has seen buildings constructed in the range of 32-47 feet tall. Context is generally considered on a case-by-case basis as part of the architectural and site plan review process required for any new building of a substantial size. Restricting the height exception to the West Patterson Light Industrial Zone ensures that such heights are restricted to larger, more intense uses, in a location that includes other larger, more intense land uses.
Architectural Quality
Buildings constructed in the business park have been held to a high architectural standard outlined in the City’s design guidelines and the business park master development plans.
Tall buildings may require additional attention because these buildings draw attention and, in some cases, can be a source of identity to the community. Staff intends to maintain these high standards, which would be confirmed by the Planning Commission as part of the architectural and site plan review process.
Fire Safety
Very tall buildings cannot be reached by typical fire truck ladders and appropriate measures must be set in place to ensure fire safety and allow individuals in elevated locations to safely exit. These issues would be considered as part of the fire department’s plan check review.
ALTERNATIVE ACTIONS
1. Recommend that the City Council adopt the proposed language, with any modification by the Planning Commission.
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Attachment: 2024 Business Park Max height PC report PDF 7-25-24 (Ordinance No. 875 Development Standards for Industrial Districts)
2. Request that staff prepare revisions to the draft language or provide additional information to be considered at a future Planning Commission meeting.
3. Take no action.
RECOMMENDATION
How people feel about the height of buildings is dependent on many subjective and objective considerations. Staff feels that with the recommended language and processes already in place, issues with increased height can be resolved in a manner that will be positive to the community.
Staff recommends that the Planning Commission do the following:
1. Open a public comment period to receive input from the public.
2. Consider the issues discussed in this report.
3. Motion to recommend that the City Council adopt the draft language.
Respectfully submitted,
Joel Andrews
Joel Andrews
City Planner
Attachments
Draft Table 18.46.040-1, “Development Standards for Industrial Districts” City of Patterson Zoning Map
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Attachment: 2024 Business Park Max height PC report PDF 7-25-24 (Ordinance No. 875 Development Standards for Industrial Districts) 11-01
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ORANGE AVE
D ST
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IVY AVE
CALVINSON PKWY
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RAINES RD
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FIG AVE
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OSPREY DR
PHLOX DR
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WEBER AVE
BERLIN WY
PEREGRINE DR
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MARIGOLD DR
HEARTLAND RANCH AVE
JAMES BURKE AVE
SEARS DR
GUSTAFSON AVE
DAHLIA AVE
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ORKNEY DR
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DYLAN CREEK DR
TARLAND LN
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GUERNSEY ST
BERRENDAS ST
AMBERINA DR
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INAUDI CT
TYLER CT
WOOD CREEK DR
NOBLE PARK CI
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PAYNE ST
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GITY
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BERTWOOD LN
N DEL PUERTO AVE
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KINGLET LN
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SUMMER PHLOX LN
ALPINE CREEK DR
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TEAL CT
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CARLY CREEK DR
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ZINNIA CT
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ROCK CREEK LN
DE LASH CT
SUMMER LN
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SPARROW HAWK LN
HANSEN CT
ARABIAN WY
SORREL CT
ROGERS CT
LA MARIA WY
HYACINTH DR
SAFFRON WY
HALLEY CT
BONNEAU CT GARDENIA CT
MERTZ CT
EMILY CT
MAC DUFF WY
CURLEW CT
WANZIA CT
ACCESS
SUNSET CT
ITTURRERIA DR
KIRKWALL WY
HOFFMAN CT
TROUT CREEK LN
SHIRLINDA WY
PUFFIN CT
ROMANOV CT
SIERRA CREEK CT
DAMARA CT
ANEMONE CT MONET WY
DEMSEY CT
SHETLAND WY
AMADOR CREEK LN
CHESTERFIELD CT
NORDELL PL
JUAREZ CT
BELLFLOWER CT
PRIMAVERA WY
TERSK CT
CANYON CT
W LAS PALMAS AVE
E ST
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OASIS LN
HORIZON LN
PORTRAIT LN
OASIS
NOSTALG AI AVE
MIRROR CT
IMAGE CT
ECHO CT
ILLUSION CT
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I-5
I-5
§¨¦5
T.W. Patterson
Sports
Complex
Apricot Valley
Elementary
Creekside
Middle School
Patterson
High School
Las Palmas School
Northmead
School
Sacred
Heart
Catholic School
Patterson
Community
Center & Pool
Lake
Walnut Grove
School
Villages of Patterson
Master Development Plan
ZACHARIAS ROAD
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WALNUT AVE
OLIVE AVE
EUCALYPTUS AVE
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Cal Trans /
CDF
Villa Del
Lago
West Patterson
Business Park
Master Development
Plan
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Revised January 2014
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Legend
City Limits
Sphere of Influence
Planned Development
Historic Overlay Zone
Estate Residential
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Downtown Residential
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Medical Professional
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Parks/Open Space
Lake
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Plan
8.1.d
Packet Pg. 60
Attachment: Zoning Map Jan 2014 (Ordinance No. 875 Development Standards for Industrial Districts) .
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LEMON AVE
ROGERS RD
CLOVER AVE
BELLA FLORA LN
N 9TH ST
HENLEY P KY
QUINCE AVE
KESTREL DR
PIPIT DR
WARD AVE
DAISY DR
PHLOX DR
TOGG ENBURG ST
FINK RD
OAK FLAT RD
OSPREY DR
S 1ST ST
WALNUT AVE
SAMANTHA CREEK DR
AMERICAN EAGLE AVE
WARD AVE
WEBER AVE
EUCALYPTUS AVE
IVY AVE
BARTCH AVE
N 5TH ST
BARTCH AVE
S 1ST ST
S 6TH ST
C ST
DAVIS RD
M ST
ROADRUNNER
DR
N 4TH ST
S DEL PUERTO AVE
MARIGOLD DR
N
HARTLEY S T
ZACHARIAS RD
W MARSHALL RD
OASIS LN
ROGERS RD
SHEARWATER DR
JAMES BURKE
AVE
OLIVE AVE
BALDWIN RD
S 9TH ST
N HARTLEY ST
N 3RD ST
ELFERS AVE
POPPY AVE
S 4TH ST
E ST
N 1ST ST
WARD AVE
S 3RD ST
BALDWIN RD
KEYSTONE PACIFIC PKY
WALKER RANCH PKY
LEMON AVE
L ST
DIABLO GRANDE PKY
DIABLO GRANDE
PKY
PARK CENTER DR
CLIFF SWALLOW DR
W LAS PALMAS AVE
CALVINSON PKY
HORIZON LN
GARDEN PATCH WAY
DEL PUERTO CANYON RD
DEL PUERTO CANYON RD
FINK RD
N 2ND
ST
DEL
PUERTO
CANYON RD
SPERRY AVE SPERRY AVE
Salado
Cr
Del Puerto Cr
Salado Cr
Salado Cr
Sala
d
o
Cr
Del Puerto Cr
Hirshfield
L
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Little Salado Cr
Salado Cr
Salado Cr
Del Puerto Cr
Little Salado Cr
Lateral M
Lateral M
Lateral Six S
Lateral Three
N
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N
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Lateral Five S
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n
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Edmund G
Brown California Aqueduct
Delta-Men
dota
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Governor Edmund G
Brown
Califo
rnia
A
q
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Delta-Mendota
Ca
n
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Governor Edmund G Brown California Aqueduct
Governor Edmund G Brown
California Aqueduct
Delta-Mendota Canal
PATTERSON
PATTERSON
Del Puerto
Canyon
Del Puerto
Canyon
Black Gulch
121°
15'121°
6 6
30"
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41 4142
41 47
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25'
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000
62 CALIFORNIA
QUADRANGLE LOCATION
PATTERSON QUADRANGLE
CALIFORNIA-STANISLAUS CO.
7.5-MINUTE SERIES
PATTERSON, CA
2015
Expressway Local Connector
ROAD CLASSIFICATION
Ramp 4WD
Secondary Hwy Local Road
WXInterstate Route /. US Route H State Route
U.S. DEPARTMENT OF THE INTERIOR
U.S. GEOLOGICAL SURVEY
1 Solyo
8 Newman
2 Westley
3 Brush Lake
4 Copper Mountain
5 Crows Landing
6 Wilcox Ridge
7 Orestimba Peak
ADJOINING QUADRANGLES
1 2 3
4 5
6 7 8
This map was produced to conform with the
National Geospatial Program US Topo Product Standard, 2011.
A metadata file associated with this product is draft version 0.6.18 CONTOUR INTERVAL 20 FEET
NORTH AMERICAN VERTICAL DATUM OF 1988
SCALE 1:24 000
1000 500 0 METERS 1000 2000
1 0.5 0 KILOMETERS 1 2
1 0.5 0
MILES
1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET
Imagery..................................................NAIP, June 2012 Roads............................................... HERE, ©2013 - 2014 Names..........................................................GNIS, 2015 Hydrography....................National Hydrography Dataset, 2012 Contours............................National Elevation Dataset, 2008 Boundaries............Multiple sources; see metadata file 1972 - 2015 Public Land Survey System..................................BLM, 2011 North American Datum of 1983 (NAD83)
World Geodetic System of 1984 (WGS84). Projection and
1 000-meter grid: Universal Transverse Mercator, Zone 10S Produced by the United States Geological Survey
10 000-foot ticks: California Coordinate System of 1983 (zone 3) This map is not a legal document. Boundaries may be
generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands.
U.S. National Grid
100,000-m Square ID
Grid Zone Designation
FG
10S
^
Ù
MN
GN
UTM GRID AND 2015 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
1° 6´
20 MILS
13° 31´
240 MILS
*7643016357341* NSN. 7 6 4 3 0 1 6 3 5 7 3 4 1NGA REF NO. U S G S X 2 4 K 3 4 4 1 9
8.1.e
Packet Pg. 61
Attachment: USGS 7.5-minute image map for Patterson, California (Ordinance No. 875 Development Standards for Industrial Districts) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: December 3, 2024
ITEM NO: 8.2
SUBJECT: Approve First Reading and Introduction of Ordinance No. 879, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.50, Camping Within City Limits, To Title 9, Public Peace, Morals and Welfare; Amending Chapter
12.24, Park Regulations, of Title 12, Streets and Other Public Places; Amending Section 6.12.030, Depositing or Burying of Garbage Prohibited – Exceptions, of Chapter 6.12, Garbage Removal, of Title 6, Health and Safety; and Amending Section 9.43,040 Abatement, of Chapter 9.43, Health and Hygiene, of Title 9, Peace, Morals and Welfare of the Patterson Municipal Code.
RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 879, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.50, Camping Within City Limits, To Title 9, Public Peace, Morals and Welfare; Amending Chapter 12.24, Park Regulations, of Title 12, Streets and Other Public Places; Amending Section 6.12.030, Depositing or Burying of Garbage Prohibited – Exceptions, of Chapter 6.12, Garbage Removal, of Title 6, Health and Safety; and Amending Section 9.43,040 Abatement, of Chapter 9.43, Health and Hygiene, of Title 9, Peace, Morals and Welfare of the Patterson Municipal Code.
BACKGROUND
In recent years, there has been an increase of unpermitted camping activity within City limits.
These types of encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding areas, which pose an immediate threat to the health, safety, and welfare of the
8.2 Packet Pg. 62
public, including encampment occupants. Managing encampments is necessary to maintain healthy and hygienic communities, as is regulation of the use of parks and recreation buildings.
ANALYSIS
The Ordinance will amend the Patterson Municipal Code in three ways. First, it will add a new Chapter 9.50 within Title 9, Public Peace, Morals and Welfare, entitled “Camping Within City Limits,” which will prohibit camping within City limits, with exceptions. The new Chapter 9.50 will also authorize “clean and clear” operations consistent with Chapter 9.43, Health and Hygiene, to temporarily remove and store personal effects and other “camp paraphernalia” such as tarpaulins, cots, beds, sleeping bags, hammocks, and non-city designated cooking facilities and equipment, and remove those items, store and inventory them, and allow the owners an opportunity to claim them within 90-day period. The purpose is to alleviate the hazardous conditions of encampments that arise when personal effects are left outside in parks and other spaces.
When the City abates encampments by collecting personal property of the encampment’s occupants, the United States Constitution’s Due Process Clause requires that the City take reasonable steps to give notice to the property owner. The Ordinance complies with the United States Constitution’s Due Process Clause by providing encampment occupants forty-eight (48) hours’ written notice prior to abatement.
Previously, ordinances that prohibited camping in public places were unenforceable against homeless individuals under the Martin v. City of Boise (“Martin”) decision when there was no practical alternative shelter available. However, the United States Supreme Court recently overturned Martin, determining that the Eighth Amendment’s Cruel and Unusual Punishments Clause does not bar public camping ordinances regardless of the availability of alternate shelter.
Second, the ordinance will amend Chapter 12.24, Park Regulations, within Title 12, Streets and Other Public Places, to add regulations regarding the activities in park areas to better address and limit the risk of certain activities and prohibit unlawful activities, minimize traffic congestion, better define the security and insurance requirements, and strengthen the permitting process. The purpose of this chapter is to regulate the use of the parks and recreation buildings of the City in order to provide maximum enjoyment in the use of such parks and buildings and minimum disturbance or interference.
Third, the proposed ordinance will update section 6.12.030, Depositing of burying of garbage prohibited - Exceptions, by repealing the current language and replacing it with a more comprehensive section that adds a paragraph to prohibit dumping on private property or placing any waste or industrial refuse in a waste container other than the one issued for their personal use. Consistent with the other Patterson Municipal Code revisions outlined in this Ordinance, this change will help prevent City residents’ trash containers from becoming overwhelmed with waste they did not generate, given the prohibition on public dumping.
Finally, the proposed ordinance will update section 9.43.040, Abatement, by modifying the notice requirement from seventy-two hours prior to a scheduled clean and clear operation to
8.2 Packet Pg. 63
forty-eight hours. The proposed change will align with the notice requirement in the new Chapter
9.50. FISCAL IMPACT
The City will bear the cost of enforcing the Ordinance. While the City may seek to recover the cost of abating camping and use of camping paraphernalia, the recovery of such abatement costs can be difficult.
OPTIONS:
1. Motion to waive first reading, read by title only, and introduce the proposed Ordinance No 879;
2. The City Council may continue introduction of the proposed Ordinance No. 879 to a later City Council meeting, with direction to staff to provide changes; or
3. Reject the proposed Ordinance No. 879.
8.2 Packet Pg. 64
{CW141990.2}
4876-1229-5935, v. 1
ORDINANCE NO. 879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON ADDING CHAPTER 9.50, CAMPING WITHIN CITY LIMITS, TO TITLE 9, PUBLIC PEACE, MORALS AND WELFARE; AMENDING CHAPTER 12.24, PARK REGULATIONS, OF TITLE 12, STREETS AND OTHER PUBLIC PLACES; AMENDING SECTION 6.12.030, DEPOSITING OR BURYING OF GARBAGE PROHIBITED – EXCEPTIONS, OF CHAPTER 6.12, GARBAGE REMOVAL, OF TITLE 6, HEALTH AND SAFETY; AND AMENDING SECTION 9.43.040, ABATEMENT, OF CHAPTER 9.43, HEALTH AND HYGIENE, OF TITLE 9, PUBLIC PEACE, MORALS AND WELFARE OF THE PATTERSON MUNICIPAL CODE.
WHEREAS, a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and
WHEREAS, the shelter crisis is an immediate threat to the health, safety and welfare of the public, including encampment occupants; and
WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities; and
WHEREAS, in order to alleviate the hazardous conditions of encampments, it is necessary to authorize City personnel to conduct temporary clean and clear operations as necessary to protect the public welfare, health and safety of the community; and WHEREAS, regulation of the use of parks and recreation buildings in the City is also necessary to provide maximum enjoyment in the use of such parks and buildings, minimize the disturbance or interference with the use of surrounding areas, and protect the public welfare, health, and safety of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. Chapter 9.50, Camping Within City Limits, shall be added to Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code as follows:
Chapter 9.50 Camping Within City Limits
Sections:
9.50.010 Findings and purpose.
9.50.020 Definitions.
9.50.030 Relation to other laws.
9.50.040 Unlawful Camping.
8.2.a
Packet Pg. 65
Attachment: Ordinance No. 879 - Public Safety (Ordinance No. 879 Adding 9.50 Camping and 12.24 Park Regulation) {CW141990.2}
4876-1229-5935, v. 1
9.50.050 Storage of personal property in public places.
9.50.060 Property removal.
9.50.070 Property disposition.
9.50.080 Enforcement.
9.50.010 Findings and purpose.
The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing certain City personnel to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health and safety.
9.50.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:
A. “Abandoned” shall mean any property that, based on words, act, or other objective indications, it is reasonable to conclude a person has relinquished ownership of.
B. “Camp” and “camping” shall mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
E. “Clean and clear” means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.
F. “Personal effects” or “personal property” shall mean medication, eyeglasses, or other medical devices, a sanitary and non-verminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and non-verminous clothing stored in a manner protecting it from the elements.
G. “Store” shall mean to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.
H. “Enforcement Officer” shall mean any code enforcement, peace officer, community resource officer, school resource officer, city official having authority to enforce this code, or designee.
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9.50.030 Relation to Other Laws
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Patterson Municipal Code or as otherwise permitted under law.
9.50.040 Unlawful Camping
It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas (a) any park; (b) any street; (c) any public parking lot or public area, improved or unimproved; or (d) any private property, except as otherwise provided below:
1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than five (5) consecutive nights.
2. Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user if such activities are expressly authorized by the City’s comprehensive zoning ordinance or other laws, ordinances and regulations.
3. The City Manager may issue a temporary permit to allow camping on public or private property in connection with a special event.
9.50.050 Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council: (a) any park; (b) any street; (c) any public parking lot or public area, improved or unimproved; or (d) any private property without the consent of the property owner.
Personal property placed in public areas shall be deemed to be stored personal property if it has not been removed from public areas within forty-eight (48) hours of service of written notice requiring such removal. If after removal the personal property is returned to the public area at any time thereafter, the violator shall be subject to citation.
9.50.060 Property removal.
Property that poses an immediate threat to life, health, or safety, or property may be immediately removed. For all other property, the enforcement officer may remove personal property unlawfully stored or found in a City park, any street, or any public parking lot or public area, improved or unimproved, as follows:
(a) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:
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“It is illegal to store personal property in a City park, street, public parking lot, or public area, improved or unimproved. If this personal property is not removed by (specify at least forty-eight (48) hours from posting), or if after removal the personal property is returned to the public area at any time thereafter, THIS PERSONAL PROPERTY SHALL BE DEEMED
INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND
POSSIBLE DESTRUCTION.”
(b) In addition to the language prescribed in paragraph (a) of this section, the notice shall also include (1) a general description of the personal property to be removed, (2) the date and time the notice was posted, (3) the location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property, and (4) that the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment. (c) The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.
(d) Post-removal notice. Upon removal of personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written post-removal notice shall include (1) a general description of the personal property removed, (2) the date and approximate time the personal property was removed, (3) a statement that the personal property has been stored in violation of, (4) the location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property, and (5) that the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment. (e) Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.
9.50.070 Property disposition.
(a) Following removal of unlawfully stored or remaining personal effects, an enforcement officer shall:
(1) Maintain an inventory identifying the personal effects and where the personal effects were approximately located;
(2) Contact Code Enforcement personnel, who shall place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and (3) Code Enforcement shall store removed personal effects in an area designated by the City for a period of ninety (90) days.
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(b) If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, Code Enforcement shall release the stored property to the owner upon his or her identification of the property and the approximate location where the property was left by the owner.
(c) Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of ninety (90) days from removal shall be dedicated for public use and may be given for charitable use to a local nonprofit agency, placed for sale pursuant to this Code, or discarded.
9.50.080 Enforcement.
A. The violation of any provision of this chapter shall constitute an infraction punishable by:
1. A fine not exceeding two hundred fifty dollars for a first violation.
2. A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first offense.
3. If any provision of this section shall be violated a third or more times within one year of the original violation, each such violation shall constitute a misdemeanor. a) Any person convicted of a misdemeanor under the provisions of the Patterson Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.
B. A violation of this Chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.
SECTION 2. Chapter 12.24, Park Regulations, of Title 12, Streets and Other Public Places, of the Patterson Municipal Code, shall be repealed in its entirety and replaced with a new chapter that shall read as follows:
Chapter 12.24 Park Regulations
Sections:
12.24.001 Purpose.
12.24.002 Definitions.
12.24.003 Compliance required.
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12.24.010 Use of parks.
12.24.020 Private/public event permits and conditions.
12.24.021 Contents of permit applications.
12.24.022 Actions on permit applications.
12.24.023 Security requirements for activities held in City recreation facilities.
12.24.024 Right of appeal.
12.24.025 Alcoholic beverages.
12.24.026 Camping.
12.24.027 Closing of sections of parks.
12.24.028 Lost property.
12.24.029 Acts prohibited.
12.24.030 Liability insurance required.
12.24.031 Vehicle regulations.
12.24.032 Traffic and parking.
12.24.033 Advertising: Sale of merchandise.
12.24.034 Donations.
12.24.080 Water features in City parks.
12.24.090 Use of bike parks.
12.24.100 Enforcement.
12.24.001 Purpose.
The purpose of this chapter is to regulate the use of the parks and public facilities of the City in order to provide maximum enjoyment in the use of such parks and buildings and minimum disturbance or interference with the use of surrounding areas.
12.24.002 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. “Building” shall include those buildings, or any portion thereof, under the supervision of the City.
B. “Director” shall mean the staff person assigned by the City Manager or designee.
C. “Dog park” shall mean a fenced portion of public property that has been specifically designated for recreational use by dogs accompanied at all times by their owners or other adult persons having custody, care, and/or control.
D. “Park” includes, but is not limited to, Skateparks, Bike Parks, landscaped storm drainage basins, and trails.
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E. “Permit” shall mean a written permit for the exclusive use of a Park, public facility as provided for and defined in this chapter.
F. “Picnicker” shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.
G. “Vehicle” shall mean any wheeled conveyance, whether motor-powered, electric, animaldrawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or description, except baby carriages/strollers, wheelchairs, and vehicles in the service of the City Parks.
H. “Sound amplifying equipment” shall mean any machine or device for the amplification of the human voice, music, or any other sound. “Sound-amplifying equipment” shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound-amplifying equipment,” as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
12.24.003 Compliance required.
No person shall enter, be, or remain in any Park or public facility of the City unless he or she complies with all the applicable regulations set forth in this chapter and onsite facility rules.
12.24.010 Use of parks.
A. It is unlawful for any person to loiter, idle, wander, stroll, play or be in or upon any public Park within the corporate limits of the city between the hours of dusk to dawn of the day immediately following without a permit.
B. It is unlawful for any person to permit, allow or let any other person loiter, idle, wander, stroll, play or be in or upon any public Park within the corporate limits of the City between the hours of dusk to dawn of the day immediately following.
C. No Park or public facility shall be used or reserved by any team, league, organization, service club, lodges, local group or corporation for organized activities such as parties, sports games or special events unless granted a reservation or permit from the City.
D. The Director or his or her designee shall have the authority to regulate the activities in Park areas, when necessary, to minimize traffic congestion and to secure the maximum use of the Park facilities for the comfort and convenience of all and may limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given by the Director to achieve this end. BBQs or tables and benches shall be used on the basis of “first come, first served” except in areas designated by “Reservation Only.”
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12.24.020 Private/public event permits and conditions.
Persons, services clubs, lodges, societies, teams, leagues, organizations or corporations, or other local groups are required to make a reservation with the City to use any reservable or nonreservable parks during the hours designated in section 12.24.010 of this chapter not later than fourteen days prior to the date upon which such activities are to take place.
A. Organized sports play and tournaments;
B. Special events/programs;
C. Private and public events;
D. Any groups over twenty people.
12.24.021 Contents of permit applications.
Applications for Permits allowing the exclusive use of a Park or Building, or portion thereof, shall be made on a form provided by the Director, shall contain the information specified by the Director, and shall be filed in the manner and at the times specified by the Director.
All Permit applications shall be signed by an authorized representative of the organization sponsoring the activity, and the organization shall be responsible for compliance with all the provisions of this chapter and the regulations established by resolution or by the Director and for all damages resulting from the conduct of the activity sponsored by the organization.
12.24.022 Actions on permit applications.
(a) The Director or his or her designee shall grant or deny such Permit application upon receipt and review of the application. The decision granting or denying such Permit application shall be made after the submittal and review of the application. (b) The Director or his or her designee, in granting the Permit application, may impose reasonable requirements and conditions concerning the use of the Park or public facility by the applicant. (c) The Director or his or her designee is hereby authorized to charge and collect a fee for:
(1) Participation in the Parks, Recreation and Public Facilities sports programs, classes, special events and activities; and
(2) For the use of City park(s) and/or public facility(ies); and (3) Cover the cost for staffing or equipment.
(d) The fee(s) authorized by this chapter shall be set by resolution of the Patterson City Council. (e) The Director shall deny the Permit application if he or she finds that:
(1) The proposed activity or use will unreasonably interfere with, or detract from, the promotion of the public health, welfare, safety, or recreation;
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(2) The proposed activity or use is anticipated to incite violence, crime, or disorderly conduct;
(3) The occupancy load of the Building will be exceeded; or (4) The request is unable to be accommodated.
12.24.023 Security requirements for activities held in City facilities. (a) Every person operating, promoting, maintaining or conducting a permitted activity in or at a City facility [Park or public facility] shall provide, or cause to be provided, security for the activity based upon the maximum capacity of the building and subject to the review and approval of the Director, or his or her designee. The cost of such private security shall be borne by the person holding the activity.
(b) Every person operating, promoting, maintaining or conducting a permitted activity in or at a City Park or Building shall sign a detailed statement, under penalty of perjury under the laws of the State of California, declaring the nature and type of activity to be held in or at the City Park and the expected number of guests.
(c) The Director, or his or her designee, shall consider, but is not limited to, the following factors in setting the security requirements for an activity held in a City Park or public facility:
(1) The maximum capacity of the City recreation facility; (3) The hours during which the activity will be held;
(4) If private security will be provided, the credentials, reputation and practices of the proposed private security company;
(5) The dress and equipment used by the private security officers; and (6) Type of activity or event.
(d) In lieu of private security, the Director, or his or her designee, may request from the Chief of Police, active or reserve officers of the Patterson Police Services to provide security at activities held in City Parks or Buildings, the cost for which shall be borne by the person holding the activity and shall be paid to the City at least thirty (30) days prior to the date of the activity. (e) If alcohol is to be served at the proposed activity, the Chief of Police, or his or her designee, may establish conditions on the sale, distribution, use, and consumption of any alcoholic beverage. (f) For all rentals of parks and public facilities, the City requires at least one staff person on duty during the event. This staff would be in a city uniform and equipped with a communication radio/phone. His or her responsibility is to monitor the event and provide instruction and information on the proper use and care of said facility. He or she is not responsible for law enforcement responsibilities or event management and/or coordination.
12.24.024 Right of appeal.
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The Permit applicant may appeal the granting or denial of a Permit or any conditions placed on such permit or not placed on such permit by the Director to the City Manager, any subsequent appeals are subject to the appeal procedures as set forth in Chapter 1.36.
12.24.025 Alcoholic beverages.
The presence and/or the consumption of any and all alcoholic beverages shall be prohibited at all City of Patterson existing or future Parks.
Permission for the sale or distribution of beer and/or wine in conjunction with a special event Permit may only be granted by the Chief of Police of the City of Patterson.
12.24.026 Closing of sections of parks.
Any part of a Park or public facility may be declared closed to the public for all or specified purposes by the Director or his or her designee at any time and for any interval of time, either temporarily or at regular intervals.
12.24.027 Lost property.
Upon the discovery of lost property by Park users, the lost property shall be reported to the Patterson Police Department subject to the provisions for unclaimed property.
12.24.028 Acts prohibited.
No person shall do any of the following:
(a) Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any Building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, or other public property, and parents or guardian of any minor shall be responsible for all such damage;
(b) Litter, soil, or defile rest rooms.
(c) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any private or public service utility into, upon, or across such lands, except with the written permission of the Director or his or her designee; (d) Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a legible sign posted near or in the area;
(e) Picnic or lunch in a place other than one designated for such purpose; (f) Swim, bathe, wade, fish, or boat in any water of any fountain, pond, lake, or stream, except in areas designated for such purposes and so posted;
(g) Bring into any Park any material which, if spilled or spread, will be injurious to the turf or plant growth;
(h) Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant;
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(i) Attach any rope, wire, or other contrivance to any tree, plant, Building, sign or any other structure;
(j) Dig in or otherwise disturb any Park area or in any way injure or impair the natural beauty or usefulness of any area;
(k) Climb any tree or walk or stand on any monument base, fountain, railing, fence, or upon any other property not designated or customarily used for such purposes; (l) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw objects at any animal, reptile, or bird;
(m) Remove or have in his or her possession any wild animal, or any bird or fowl, or the eggs or nest or young of any reptile, wild animal, or bird (exception: City staff in the course necessary for their work);
(n) Use any amplification system or Sound Amplifying Equipment unless a Permit is first issued by the Director;
(o) Bring to, or drink in, a Park any alcoholic beverage, except as provided in this chapter; (p) Enter or remain in a Park while under the influence of intoxicating liquor or any drug; (q) Bring or have in his possession, or set off, or otherwise cause to explode or discharge or burn in a Park any fireworks, whether “safe and sane” fireworks or not, or other flammable or explosive material, or discharge such fireworks or throw them into any Park from land, or a vehicle, or Building adjacent thereto, except persons conducting a City-sponsored or supported public fireworks display;
(s) Set up tents or other temporary shelters for the purpose of camping, nor shall any person leave in a Park, after closing hours, any movable structure or vehicle to be used, or that could be used, for such purposes, such as a house trailer, motor home, camp trailer, or pickup camper, except as provided in this chapter;
(t) Having the control or care of any dog, suffer or permit such dog to enter or remain in a Park, unless the Park is posted for such use, and then only if it is led by a leash of suitable strength not more than six (6') feet in length. The person owning, controlling, or having the custody of such dog shall be jointly and severally responsible for all damages caused by such dog; (u) Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind without a permit to do so from the Director or his or her designee;
(v) Make or kindle a fire for any purpose other than for cooking in designated BBQ, or burn wood in BBQ pits, except at places provided for such purpose, unless prior permission shall be obtained therefor from the Director or his or her designee, or leave a fire started by such person, or at his direction, or used by him until such fire is completely extinguished; (w) Enter an area or use any Building, equipment, fountain, pond, or pool posted as “Closed to the Public”;
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(x) Use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially dangerous to wildlife or to humans or shoot into Park areas from beyond Park boundaries;
(y) Use or allow the use of powered model airplanes, drones or remote-control cars, except in areas designated for such use;
(z) Play or practice golf or use golf clubs in any area of a park or public facility; (aa) Play or engage in any game except at a place set apart for that purpose; (ac) Throw, discharge, or otherwise place in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any Park, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;
(ad) Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash, except in the receptacles provided for such materials; where such receptacles are not provided, all such materials shall be carried away from the Park by the person responsible for its presence and properly disposed of elsewhere;
(ae) Bring to, or operate in or on, or sail in or on, any water in any lake, pond, or stream any powered or nonpowered hobby or model boat, kayak or boats of any kind or floating devices except during special events having the prior approval of the City; (af) Bring to or have in such person’s possession any alcoholic or nonalcoholic glass beverage container or bottle;
(ag) Engage in the feeding of any wildlife within any park within the City or within any public property;
(ah) Smoke, chew, vape, or use any tobacco related products, or any other drug or drugs, within any Park within the City or within any public property; (ai) Sleep, lie down, sit or stand on top of picnic tables, trash receptacles or any structure not intended for such use; and
(aj) Fail to comply with any posted rules, regulations, or plans for the use or operation of a Park. (ak) To loiter or remain in Parks or public facilities when closed, including but not limited to:
whenever a Park shows a continuing pattern of the presence of persons fighting or challenging others to fight, or when persons disturb others by loud and unreasonable noise or music, or when persons are under the influence of an alcoholic beverage, drug or chemical substance, or any other designated public nuisance.
12.24.029 Liability insurance required.
Any person, society, lodge, organization, team, league, or corporation to whom a reservation or Permit is granted during the hours designated in Section 12.24.010 of this chapter shall be liable
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for any loss damage, or injury sustained by any person whatever by reason of negligence of the person society, lodge, organization, team, league, or corporation to whom permission is given.
If the conduct of the event or program, subject to the Permit, would constitute a hazard to public safety, the applicant shall provide the City with certificates of insurance evidencing bodily injury liability in an amount no less than One Million and no/100ths ($1,000,000.00) Dollars for each person, and Two Million and no/100ths ($2,000,000.00) Dollars for each occurrence, and property damage liability coverage in the amount of One Hundred Thousand and no/100ths ($100,000.00) Dollars for each occurrence and naming the City as additional insured. The Director or his or her designee may require additional coverage based on the risk to the City. Such certificates of insurance shall be filed with the responsible department prior to the granting of such Permit.
12.24.030 Vehicle regulations.
No vehicles of any kind (motor-powered, electric, animal-drawn) are allowed to operate inside any Park or future Park except ADA mobility devices, emergency vehicles and vehicles in service of the City, unless granted written permission by the Director or his or her designee.
12.24.031 Traffic and parking.
No person shall:
(a) Fail to comply with all the applicable provisions of the Vehicle Code of the State, in regard to equipment and the operation of vehicles, and the provisions of this Code; (b) Fail to obey all traffic officers and City employees authorized to direct traffic in the Parks; (c) Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking, and all other signs posted for control or to safeguard life and property; (d) Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon roads designated by posted signs for different rates of speed; (e) Ride or drive any vehicle or bicycle on any area, except paved roads, bike paths or parking areas or other areas designated as temporary parking areas. A bicyclist may wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use; (f) Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of any attendant who may be present. Or utilizing the parking lot where the adjacent facility is closed; (g) Ride any other person on a bicycle, except where the bicycle is built for operation by more than one (1) person;
(h) Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; and
(i) Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may ride, drive, or trip over it or be injured by it.
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12.24.032 Advertising: Sale of merchandise.
No person in a Park, public facility or on public property adjacent to a Park shall do any of the following without prior permission from the Director or his or her designee:
(a) Expose, announce, advertise, call public attention to, or offer any article or food or drink for sale; nor shall he station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or food or drink in the Park or on public property adjacent to such Park; and (b) Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription.
12.24.033 Donations.
The donation of plants, buildings, fountains, sculptures, ponds, pools, or any other item or funds for such item for any Park or public facility shall first be presented to the Director with final approval by the City Manager.
12.24.080 Water features in City parks.
No person over the age of eighteen (18) shall use a water feature located in any City Park except parents or other caregivers accompanying a juvenile aged seventeen (17) or younger.
12.24.100 Enforcement.
A. A. The violation of any provision of this chapter shall constitute an infraction punishable by:
1. A fine not exceeding two hundred fifty dollars for a first violation.
2. A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first offense.
3. If any provision of this section shall be violated a third or more times within one year of the original violation, each such violation shall constitute a misdemeanor. a) Any person convicted of a misdemeanor under the provisions of the Patterson Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.
B. A violation of this Chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.
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Attachment: Ordinance No. 879 - Public Safety (Ordinance No. 879 Adding 9.50 Camping and 12.24 Park Regulation) {CW141990.2}
4876-1229-5935, v. 1
SECTION 3. Section 6.12.030, Depositing or burying of garbage prohibited – Exceptions, of Chapter 6.12, Garbage Removal, of Title 6, Health and Safety, shall be repealed in its entirety and replaced with a new section that shall read as follows:
6.12.030 Unauthorized dumping on City or private property prohibited. (a) No person shall throw, drop, leave, dump, bury, place, or otherwise dispose of any garbage upon any property within the city limits of the City, either with or without intent to remove the same from such property; or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof or any public place or public property within the city limits of the city; provided, however, that this section should not apply to any land used by the city for a disposal area. (b) No person shall dump, deposit or place, or cause or assist in the dumping, depositing, or placing, upon any private property, or any portion thereof, or in any garbage, organic container, other than the one (1) issued or assigned for their personal use, any waste or industrial refuse, as those terms are commonly known, used or defined in this chapter.
SECTION 4. Section 9.43.040, Abatement, of Chapter 9.43, Health and Hygiene, of Title 9, Peace, Morals and Welfare, shall be repealed in its entirety and replaced with a new section that shall read as follows:
9.43.040 Abatement.
A. The enforcement officer is authorized to carry out both one-time or routine clean and clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.
B. Clean and clear operations require that affected occupants receive notice of the action at least forty-eight (48) hours prior to its scheduled time, in accordance with Patterson’s encampment management policy, as it may be amended from time to time.
C. Any property left at the campsite during the clean and clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that are safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety days.
D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants. Permanent closure entails the same requirements of this section unless an emergency makes notice and logging personal property infeasible.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or
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Attachment: Ordinance No. 879 - Public Safety (Ordinance No. 879 Adding 9.50 Camping and 12.24 Park Regulation) {CW141990.2}
4876-1229-5935, v. 1
invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Patterson hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 6. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 3
rd day of December 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2024, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
ATTEST: APPROVED:
Aracely Alegre
City Clerk of the City of Patterson
Michael Clauzel
Mayor of the City of Patterson
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Attachment: Ordinance No. 879 - Public Safety (Ordinance No. 879 Adding 9.50 Camping and 12.24 Park Regulation) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: December 3, 2024
ITEM NO: 8.3
SUBJECT: Approve First Reading and Introduction of Ordinance No. 880, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.54, Protection of Critical Infrastructure, To Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code.
RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 880, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Adding Chapter 9.54, Protection of Critical Infrastructure, To Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code.
BACKGROUND
In recent years, there has been an increase of unpermitted camping activity within City limits.
These types of encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding areas, which pose an immediate threat to the health, safety, and welfare of the public, including encampment occupants. Encampments around critical infrastructure pose a threat to City law enforcement, fire prevention, transportation, and utility services due to the risk of fire, contamination, blocked access or other causes that damage critical infrastructure. To protect public health, safety and welfare, the City must manage encampments and prevent camping, the use of camping paraphernalia, and storage of personal property near critical infrastructure.
ANALYSIS
The Ordinance will address the threat to public health, safety and welfare posed by encampments
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near critical infrastructure. The Ordinance will declare it a public nuisance for any person to camp, occupy camp facilities, use camp paraphernalia, or store personal property within twentyfive (25) feet of critical infrastructure, within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure, in portions of right-of-way that are required by law to be free of obstructions to first responders, and in areas designated as fire severity zones. The Ordinance does not apply to camping on private property if authorized by the private property’s owner and otherwise permitted by the Patterson Municipal Code. Violations of the Ordinance will be subject to abatement after forty-eight (48) hours’ written notice. If conditions and violations are so severe that immediate action is required to prevent serious threat of harm, the City can pursue summary abatement without prior notice. Further, violations of the Ordinance will be subject to criminal, civil, and administrative penalties, in addition to any other legally available remedies.
When the City abates encampments by collecting personal property of the encampment’s occupants, the United States Constitution’s Due Process Clause requires that the City take reasonable steps to give notice to the property owner. The Ordinance complies with the United States Constitution’s Due Process Clause by providing encampment occupants forty-eight (48) hours’ written notice prior to abatement.
Previously, ordinances that prohibited camping in public places were unenforceable against homeless individuals under the Martin v. City of Boise (“Martin”) decision when there was no practical alternative shelter available. Ordinances prohibiting camping in public places at particular times or in particular locations, however, were still enforceable. Therefore, even under Martin, the Ordinance was likely to survive any legal challenge since the Ordinance only prohibits camping in specified locations. Further, the United States Supreme Court recently overturned Martin in Grants Pass v. Johnson (“Grants Pass”) further reducing the likelihood of any legal challenges to ordinances such as the proposed Ordinance that is limited to specific locations within the City.
In Grants Pass, the ordinance at issue prohibited camping on public property with initial violations triggering a fine, multiple violations subjecting an individual to an exclusion order, and violations of an exclusion order constituting criminal trespass resulting in imprisonment. In overruling Martin, the Supreme Court determined that enforcement of the ordinance in Grants Pass did not violate the Eighth Amendment’s protections from cruel and unusual punishment.
The Ordinance here makes it a misdemeanor to violate the Ordinance’s prohibitions against camping, the use of camping paraphernalia, and storage of personal property near critical infrastructure. Violations are subject to escalating fines, imprisonment of not more than six months, or both. In light of Grants Pass, the Ordinance’s penalties are likely to withstand any Eighth Amendment legal challenges.
FISCAL IMPACT
The City will bear the cost of enforcing the Ordinance. The Ordinance authorizes the City to recover the cost of abatement. Practically, however, the recovery of abatement cost can be difficult.
OPTIONS
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1. Motion to waive first reading, read by title only, and introduce the proposed Ordinance No. 880;
2. The City Council may continue introduction of the proposed Ordinance No. 880 to a later City Council meeting, with direction to staff to provide changes; or
3. Reject the proposed Ordinance No. 880.
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{CW141987.2}
ORDINANCE NO. 880
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON ADDING CHAPTER 9.54, PROTECTION OF CRITICAL INFRASTRUCTURE AND FIRE SEVERITY ZONES, TO TITLE 9, PUBLIC PEACE, MORALS AND WELFARE, OF
THE PATTERSON MUNICIPAL CODE
WHEREAS, camping and use of camping paraphernalia near critical infrastructure poses an immediate threat to public health, safety and welfare due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal; and
WHEREAS, destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and WHEREAS, destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
WHEREAS, the City Council desires to regulate camping, the use of camping paraphernalia, and storage of personal property near critical infrastructure and fire severity zones to protect the public welfare, health, and safety of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. Chapter 9.54, Protection of Critical Infrastructure and Fire Severity Zones, shall be added to Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code as follows:
Chapter 9.54 Protection of Critical Infrastructure and Fire Severity Zones Sections:
9.54.010 Findings and purpose.
9.54.020 Definitions.
9.54.030 Relation to other laws.
9.54.040 Prohibited activities.
9.54.050 Abatement.
9.54.060 Violation—Penalty.
9.54.070 Interference.
9.54.010 Findings and purpose.
The city council finds as follows: (1) an immediate threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with infrastructure that is critical to the
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Attachment: Ordinance No. 880 - Chapter 9.54, Protection of Critical Infrastructure (Ordinance No. 880 Chapter 9.54 Protection of Critical {CW141987.2}
provision of public services such as law enforcement, fire prevention, transportation, and utilities, including communication, water, and waste disposal; (2) destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and (3) destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
9.54.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
A. " Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, mobile homes, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
B. " Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
C. " Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
D. "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Manager designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.
E. "Facility" means a building, structure, equipment, system, or asset.
F. "Fire prevention official" means the Fire Chief, or designee.
G. “Fire Severity Zones" means areas identified by CAL FIRE under California law based on the severity of the fire danger expected to prevail there. These zones are based on factors such as fuel, slope, and fire weather. There are three zones according to the increased fire hazard: medium, high, and very high.
H. "Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of, foodstuffs.
I. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
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Attachment: Ordinance No. 880 - Chapter 9.54, Protection of Critical Infrastructure (Ordinance No. 880 Chapter 9.54 Protection of Critical {CW141987.2}
J. "Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
K. " Refuse” includes garbage and rubbish.
L. "Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites.
9.54.030 Relation to Other Laws.
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Patterson Municipal Code or as otherwise permitted under law.
9.54.040 Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1. Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:
1. Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
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Attachment: Ordinance No. 880 - Chapter 9.54, Protection of Critical Infrastructure (Ordinance No. 880 Chapter 9.54 Protection of Critical {CW141987.2}
C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents, the overnight camping is limited to the period that the owner has given their consent, and the overnight camping is not prohibited elsewhere in the Patterson Municipal Code. All overnight camping on private residential property within the City is also subject to applicable building and fire codes under the Patterson Municipal Code and prohibitions on the use of trailers and mobile homes as set forth in the Patterson Municipal Code.
D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Patterson Municipal Code or other laws, ordinances, and regulations.
9.54.050 Abatement.
A. Any violation of Section 9.54.040 may result in abatement of an occupant’s personal property after providing them with no less than forty-eight (48) hours’ written notice that the occupant’s camp, camp paraphernalia, or camp facility is located in or on a designated Critical Infrastructure or a Fire Severity Zone.
B. Summary abatement without prior notice is warranted when exigent circumstances exist, and conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.
C. Abatement pursuant to subsections A or B may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the Patterson Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.
E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Title 1 of the Patterson Municipal Code.
9.54.060 Violation—Penalty.
A. The violation of section 9.54.040 shall constitute a misdemeanor punishable by:
1. For the first violation: a fine not exceeding five hundred dollars, imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.
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Attachment: Ordinance No. 880 - Chapter 9.54, Protection of Critical Infrastructure (Ordinance No. 880 Chapter 9.54 Protection of Critical {CW141987.2}
2. For subsequent violations: a fine not exceeding one thousand dollars, imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.
B. A violation of this Chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.
9.54.070 Interference.
In accordance with California Penal Code section 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
SECTION 2. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Patterson hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 3. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 3
rd day of December 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2024, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
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Attachment: Ordinance No. 880 - Chapter 9.54, Protection of Critical Infrastructure (Ordinance No. 880 Chapter 9.54 Protection of Critical {CW141987.2}
AYES:
NOES:
EXCUSED:
ATTEST: APPROVED:
Aracely Alegre
City Clerk of the City of Patterson
Michael Clauzel
Mayor of the City of Patterson
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Attachment: Ordinance No. 880 - Chapter 9.54, Protection of Critical Infrastructure (Ordinance No. 880 Chapter 9.54 Protection of Critical City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: December 3, 2024
ITEM NO: 9.1
SUBJECT: Approve Resolution No. 2024-68 to Appoint Interim City Manager Fernando Ulloa as City Manager for a three (3) year term and authorize implementation of acting pay of five percent (5%) for the interim role.
RECOMMENDATION
Motion to Approve Resolution No. 2024-68 to Appoint Interim City Manager Fernando Ulloa as City Manager for a three (3) year term and authorize implementation of acting pay of five percent (5%) for the interim role.
BACKGROUND
Fernando Ulloa, Director of Engineering Services, became the Interim Assistant City Manager, effective March 18, 2024. Upon the retirement of City Manager Ken Irwin, Council deemed it imperative to quickly designate someone to Interim City Manager to maintain continuity for City staff and operations until the position could be permanently filled. Effective July 1, 2024, Director Ulloa was appointed and transitioned into his current role of Interim City Manager.
ANALYSIS
As Interim City Manager, Mr. Ulloa was granted a three percent (3%) salary increase. However, it was later discovered that this resulted in compaction with the next lower subordinate. It is important to correct this issue in order to properly recognize the contributions that are made at the City Manager level, relative to subordinate positions. As a result, it is recommended that a five percent (5%) increase for the interim role is granted, rather than the 3% that was previously authorized effective July 1, 2024, for an annual salary of $244,660.08.
As Interim City Manager, Mr. Ulloa has ensured operational leadership and oversight of staff,
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policymaking, implementation, and operational efficiencies of City services. His performance has been evaluated and it has been determined that he is demonstrating the professional skills and characteristics that is needed to be successful in this position, including instilling confidence and support to City departments, valuing and sharing responsibility for the needs of the community, as well as carrying out the directives of Council.
Based on the Council's authority and directive relative to the appointment of Mr. Ulloa as City Manager, staff has consulted with him regarding proposed terms and conditions for a contract.
The proposed Employment Agreement includes the appointment to the position of City Manager with no additional salary increase beyond the aforementioned request of five percent (5%), effective December 4, 2024.
The following highlights the contract provisions:
· Term: Three (3) year contract effective December 4, 2024 through December 3, 2027. · Base Salary: $244,660.08 annually.
· Vehicle Allowance: $500 per month.
· Deferred Compensation: Employer contribution match up to 3.5% of base salary into a 401(a) defined contribution plan.
· Vacation Allowance: Twenty-five (25) days annually; annual accrual not to exceed five hundred (500) hours.
· Administrative Leave: One hundred twelve (112) hours annually at the commencement of each fiscal year.
All other benefits are outlined in the attached Employment Agreement. The Agreement in its entirety is attached for City Council review and approval.
FISCAL IMPACT
There is no fiscal impact as the salary and benefit costs for the City Manager position are included in the City’s current annual budget.
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RESOLUTION NO. 2024-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,
APPOINTING FERNANDO ULLOA TO THE POSITION OF CITY MANAGER FOR A THREE (3) YEAR TERM, APPROVING AN EMPLOYMENT AGREEMENT
ESTABLISHING SALARY AND BENEFITS, AND AUTHORIZING ACTING PAY OF FIVE PERCENT (5%) FOR THE INTERIM ROLE
WHEREAS, on October 19, 2015, Fernando Ulloa was hired by the City of Patterson as the Director of Engineering, Building and Capital Projects; and WHEREAS, he was appointed by the City of Patterson as the Interim Assistant City Manager effective March 18, 2024 and as the Interim City Manager effective July 1, 2024; and WHEREAS, the City Council desires to amend the previously authorized acting pay to five percent (5%); and
WHEREAS, the City Council of the City of Patterson now desires to appoint Fernando Ulloa to the position of City Manager; and
WHEREAS, the City Council desires to set the salary, salary schedule, and benefits as well as other terms and conditions of employment for the City Manager position and approve an Employment Agreement; and
WHEREAS, Employee is willing and qualified to provide City Manager services to the City of Patterson.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson, as follows to wit:
Section 1. Fernando Ulloa is hereby appointed to the position of City Manager effective December 4, 2024, at an annual salary of $244,660.08.
Section 2. All other benefits for the position of City Manager shall be as provided for in the Employment Agreement and in accordance with Resolution 2024-68 as specified in said Employment Agreement.
Section 3. The Employment Agreement attached hereto as Exhibit A, is hereby approved.
Section 4. The previously authorized acting pay of three percent (3%) effective July 1, 2024, shall be amended to five percent (5%).
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 3
rd day of December 2024 by ________________, who moved its adoption, which motion was duly seconded by __________________, and the resolution adopted by the following roll call vote:
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Attachment: Resolution No. 2024-68 Appointing City Manager Ulloa Effective December 4 2024 (Approve Resolution No. 2024-68 City Manager AYES:
NOES:
EXCUSED:
APPROVED:
__________________________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
________________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 3 rd day of December 2024, and I further
certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
______________________________________
City Clerk of the City of Patterson
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Attachment: Resolution No. 2024-68 Appointing City Manager Ulloa Effective December 4 2024 (Approve Resolution No. 2024-68 City Manager City of Patterson
City Manager Employment Agreement
EMPLOYMENT AGREEMENT
BETWEEN
CITY OF PATTERSON AND FERNANDO ULLOA
This Employment Agreement ("Agreement") is made and entered into this 4 nd day of
December 2024, by and between the City of Patterson, a municipal corporation, (the "City") and Fernando Ulloa ("Employee"), an individual. The City and Employee may individually be referred to herein as the "Party" or collectively as the "Parties." There are no other parties to this Agreement.
RECITALS
A. Employee was hired by the City of Patterson on October 19, 2015, into the position of Director of Engineering, Building, and Capital Projects, has served in that position continually since his hire, and currently works in that capacity pursuant to the Amended Employment Agreement between Employee and City, entered into on July 1, 2022 (“2022 City Engineer Employment Agreement”), as well as currently serving as the interim City Manager; and
B. City, acting through the Patterson City Council (“City Council”) has evaluated Employee's knowledge, experience, administrative skills, and abilities and desires to employ and appoint Employee to the position of City Manager pursuant to Section
2.16.020 of the Patterson Municipal Code; and
C. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee and shall replace any prior employment agreement between Employee and City; and
D. The Parties desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code ("Government Code") Sections 36506 and 53260 and Chapter 2.16 of the Patterson Municipal Code.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:
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Attachment: City Manager Employment Agreement - Fernando Ulloa -12-04-2024 - FINAL2 (Approve Resolution No. 2024-68 City Manager City of Patterson
City Manager Employment Agreement
AGREEMENT
Section 1. Recitals. The recitals set forth above ("Recitals") are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 10 of this Agreement, Sections 1 through 10 will prevail.
Section 2. Effective Date. This Agreement is effective once executed by both Parties ("Effective Date").
Section 3. Appointment, Duties, and Term.
Section 3.1. Appointment of City Manager and Duties. The City Council hereby appoints Employee as City Manager (“City Manager”) to perform the function and duties of the City Manager under direction of the City Council pursuant to California Government Code Section 36506 and Section 2.16.020 of the Patterson Municipal Code. Employee accepts the appointment and employment pursuant to the terms of this Agreement. Employee shall perform the functions and duties specified under the laws of the State of California, the City’s Municipal Code, the City’s ordinances and Resolutions, the City Manager job description, and all other duties and functions reasonably related to Employee’s position as the City Council shall from time-to-time assign.
Section 3.2. No Secondary Employment. Employee agrees to devote Employee’s productive time, abilities, and attention as necessary to the full accomplishment of Employee’s duties and the City’s business needs. Accordingly, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Council in writing if Employee wishes to accept secondary employment sufficiently in advance to allow the City Council to determine whether there is the appearance of, or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties, and/or the best interest of the City. Should the City Council make such a determination, Employee agrees that Employee will forgo the proposed secondary employment. Notwithstanding the foregoing, Employee shall have the right to volunteer for such nonprofit organizations as Employee may see fit, provided that such volunteer services shall not interfere with Employee’s duties on behalf of the City.
Section 3.3. Schedule. The general work schedule for Employee shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. or any other work schedule established by the City.
However, it is recognized that Employee may devote a great deal of time outside normal office hours on business for the City, including, but not limited to, attending regular and special City Council meetings and various commissions, and to that end Employee shall be allowed to establish an appropriate work schedule.
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Section 3.4. Exempt Employee. Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City's general business hours, which are necessary to fulfill the duties of City Manager unless otherwise provided in this Agreement.
Section 3.5. Term. This Agreement shall become effective December 4, 2024, and continue in full force and effect until terminated by either City or Employee pursuant to the provisions of Section 6.
Section 3.6 At-Will Employment. Employee acknowledges that Employee is an at-will employee serving at the pleasure of the City Council. Accordingly, the City Council may terminate Employee's employment at any time, with or without cause. Employee may terminate Employee’s employment at any time, with or without cause, as long as they provide a minimum of forty-five (45) days' notice, unless the Parties agree otherwise. Unless otherwise specified in this Agreement, Employee shall be bound by all state laws and City ordinances, resolutions, policies, rules, and regulations now in force and effect applicable to Employee’s position, and by all such other applicable laws, resolutions, ordinances, policies, rules, and regulations as may be hereafter implemented and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke Employee’s status as an at-will employee or any other provision of this Agreement.
Section 4. Compensation and Evaluations.
Section 4.1. Base Salary. The City agrees to pay Employee an annual salary of Two Hundred Forty-Four Thousand Six Hundred Sixty Dollars and Eight Cents ($244,660.08) per year ("Base Salary"), payable in installments at the same time that the other City employees are paid. Contingent upon meritorious performance, this Agreement shall be automatically amended to provide a three percent (3%) base salary increase effective July 1 of each year; however, if a higher increase is negotiated and granted to mid-management employees, Employee shall receive that higher increase instead. Absent any performance deficiencies, the 3% increase shall be implemented automatically unless the Parties agree to a different amount.
Section 4.2. Review and Evaluation. The City Council agrees to review and evaluate Employee's performance as City Managers pursuant to the terms of this Agreement ("Review and Evaluation"). The Review and Evaluation shall be conducted annually on the Employee's anniversary date.
The process, form, criteria, and format for the evaluation shall be mutually agreed upon by the City and Employee. The process, at a minimum, shall include the opportunity for both parties to:
(A) prepare a written evaluation, (B) meet and discuss the evaluation, and (C) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within thirty (30) days of the evaluation meeting.
Section 4.3. General Business Expenses. The City agrees to budget for and pay for professional dues and subscriptions of the Employee necessary for continuation and full
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participation in national, regional, state, and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the City. The amount budgeted annually will be based on budget feasibility and available funds allocated for such activities.
Section 4.4. Travel Expenses. The City agrees to budget for and pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the Annual Meeting of the City Manager’s Division of the League of California Cities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member, subject however to Council approval for any out-of-state travel. The amount budgeted annually will be based on budget feasibility and funds allocated for such activities.
Section 4.5. Job-Related Expenses. The City recognizes that, in the scope and course of employment, Employee will incur certain job-related expenses, which are not personal in nature. The City agrees to reimburse Employee or to pay said job-related expenses. The Finance Director is authorized to disburse such reimbursements upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits.
Section 4.6. Vehicle Allowance. During the term of this Agreement, City agrees to pay Employee the sum of Five Hundred Dollars ($500.00) per month as a vehicle allowance (“Vehicle Allowance”). Employee shall be responsible for paying all liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase or lease and operation, maintenance, repair, and regular replacement of said vehicle.
Section 5. Benefits and Leave.
Section 5.1. Retirement. The City participates in CalPERS. Employee shall pay the annual "new" or "classic" member contribution as required by the Public Employees' Pension Reform Act (PEPRA). Employer will make all of the appropriate contributions on Employee's behalf for the required Employer share.
In addition, effective July 1, 2024, Employer agrees to match an amount contributed by Employee to their MissionSquare 457(b) deferred compensation retirement plan, up to a maximum of three percent (3.5%) of Employee's base salary, in equal proportionate amounts each pay period into a MissionSquare 401(a) defined contribution plan. This matching shall be discontinued upon separation or termination of employment and will not be paid in conjunction with any severance payments.
Upon retirement, employee's accrued sick leave balance shall be reported to CalPERS for conversion towards length of service months/years.
Section 5.2. Vacation. Vacation shall be twenty-five (25) days annually. Vacation annual accrual shall not exceed five hundred (500) hours. Upon separation, Employee is
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City Manager Employment Agreement
entitled to receive payment at Employee's current base pay for all vacation time earned, but not taken, as of the effective date of separation.
Section 5.3. Other Benefits and Leave. Employee is entitled to receive Life Insurance of One Hundred Thousand Dollars ($100,000.00), dental benefit for employee and family of Two Thousand Dollars ($2,000.00) annually per person, twelve (12) sick leave days, City medical contribution of the annual Kaiser Family rate, and vision coverage for employee and family, and such other benefits provided to employees comprising the City’s Mid-Management employees.
Retiree dental and vision monthly premiums for retiree and eligible dependent(s) shall be paid or reimbursed by the City at one hundred percent (100%), based on the City's existing plan coverage as provided for unrepresented employees in the Unrepresented Full-Time Employee Benefits Summary. Employee shall also receive a life-time retiree plus eligible dependent(s) medical benefit based on the schedule described below. Employees with ten (10) years of continuous service with the City of Patterson may include up to five (5) years of prior CalPERS service as credit towards calculation of 100% of benefit. City shall pay the benefit percentage earned below of the medical premium based on the plan and category enrolled in CalPERS or a non-CalPERS plan selected by the retiree capped at the CalPERS Basic Kaiser Subscriber & 2+ Dependents Category.
• 5 Years of service – 50% of benefit
• 10 Years of service – 75% of benefit
• 15 Years of service – 100% of benefit
Section 5.4. Administrative Leave. Employee is exempt from coverage under the Fair Labor Standards Act ("FLSA"). As such, Employee does not receive compensation for hours worked over forty (40) per week. In recognition of the extra hours required, Employee shall earn one hundred twelve (112) hours of administrative leave per year to be available at the commencement of each Fiscal Year. Any unused balance will be cashed out at the end of each Fiscal Year. Employee is entitled to receive payment at Employee's current base pay for all administrative leave earned, but not taken as of the effective date of separation.
Section 6. Separation from Employment.
Section 6.1. Voluntary Resignation/Retirement. Employee may resign at any time and agrees to give the City at least forty- five (45) calendar days’ advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, Employee shall provide ninety (90) calendar days’ advance written notice. Employee’s actual retirement date will be mutually established between the Parties. During the notice period, unless otherwise set forth in this Agreement, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and benefit amounts accrued and owing under this Agreement.
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City Manager Employment Agreement
Section 6.2. Resignation in Lieu. Should Employee accept an offer from a majority of the City Council to voluntarily resign in lieu of termination, at Employee’s option, the resignation will be treated as a termination without cause for purposes of Section 6.5 Severance.
Section 6.3. Termination by City Council. The City may, with or without cause or prior notice, terminate this Agreement and Employee’s employment with the City in accordance with Section 2.16.120 through 2.16.160 of the Patterson Municipal Code. Employee shall be provided with a written notice setting forth the reasons for such termination at least thirty (30) days before the effective date of the removal. In accordance with Municipal Code Section
2.16.30, within seven (7) days of the notice, Employee may request to appear before the City Council and be heard. The decision of the City Council shall be final and depend upon any particular showing or degree of proof at the hearing.
Notwithstanding any other provision of this Agreement, Employee shall not be terminated or otherwise removed from the position of City Manager without good cause, as defined below, during a period of one hundred eighty (180) days following any general municipal election in which a new member is elected to the City Council.
Section 6.4. Final Pay. Employee shall cease to be entitled to wages, benefits, or other compensation as of Employee’s last day of employment, except as may be otherwise provided in this Agreement. City shall tender Employee all wages due and owing, as well as accrued and unused vacation and administrative leave for all hours worked as of Employee’s last day of employment, in accordance with standard City practice, applicable law, and this Agreement.
Section 6.5 Severance. If Employee is terminated without good cause, as defined in Section 6.8, City shall pay Employee severance as follows:
1. A payment in an amount equal to six (6) months of Employee’s then-current rate of pay, payable in one lump sum payment within three (3) weeks following the date of separation.
2. Should Employee elect to continue medical, and/or dental and vison coverage for Employee and/or covered dependents under the City’s health plan pursuant to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), City shall reimburse Employee for the premiums charged to maintain coverage for a period of three (3) months from the date coverage would otherwise terminate due to Employee’s separation from employment, or until Employee secures coverage under another group health plan, whichever is earlier. In order to receive reimbursement, Employee shall provide proof of premium payments.
3. Any severance payable under this Agreement shall be contingent on Employee’s signature on a release of all claims in a format satisfactory to the City.
4. This Severance is subject to the restrictions of Government Code section 53260, including that the maximum amount of severance pay that Employee may receive
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shall be the lesser of twelve (12) months base salary or the number of months remaining on the term of this Agreement. Additionally, pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Employee from City shall be fully reimbursed to City if Employee is convicted of a crime involving an abuse of office or position while employed with City.
Section 6.6. Good Cause. “Good Cause,” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:
Employee shall not be paid Severance when employment is terminated as a result of the following:
1. Willful neglect of duty;
2. Conviction of a felony or misdemeanor or of any crime involving moral turpitude;
3. Violation of the duties of City Manager;
4. Repeated and protracted unexcused absences from work;
5. Any other act of similar nature of the same or great seriousness;
6. Disclosing confidential information belonging to City;
7. Dishonesty, gross carelessness, or misconduct;
8. Failure to perform to the standards set by the City;
9. Any conduct which violates the City’s Policies or Personnel Rules and for which a City employee may be terminated;
10. Willful destruction or misuse of City property;
11. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation;
12. Willful violation of federal, state, or City discrimination laws; or
13. Failure to comply with any of Employee’s obligations as set forth in this Agreement.
Notwithstanding any provision in this Agreement to the contrary, the City Council may place Employee on investigatory leave with full pay and benefits at any time during the term of this Agreement.
9.1.b
Packet Pg. 100 Attachment: City Manager Employment Agreement - Fernando Ulloa -12-04-2024 - FINAL2 (Approve Resolution No. 2024-68 City Manager City of Patterson
City Manager Employment Agreement
Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager in accordance with California's Tort Claims Act (Government Code Section 825 et seq.), and shall provide a defense to Employee in accordance with Government Code Sections 995-996.5. The City may decline to defend or indemnify Employee only as permitted by the Government Code.
The City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment. Provided, however, that the City's duty to defend and indemnify shall be contingent upon Employee's good faith cooperation with such defense. In the event the City provides funds for legal criminal defense pursuant to this Section, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243-53243.4.
Section 8. Bonding. The City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 9. Notices. Any notice or communication required hereunder between the City and Employee must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Patterson
ATTN: City Clerk
City Hall
1 Plaza
Patterson, CA 95363
With copies to: White Brenner. LLP
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Packet Pg. 101 Attachment: City Manager Employment Agreement - Fernando Ulloa -12-04-2024 - FINAL2 (Approve Resolution No. 2024-68 City Manager City of Patterson
City Manager Employment Agreement
ATTN: Nubia Goldstein
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Employee: Fernando Ulloa
On file with the city.
Section 10. General Provisions.
Section 10.1 Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.
Section 10.2 Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
Section 10.3 Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
Section 10.4 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, either Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
Section 10.5 Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
Section 10.6 Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
Section 10.7 Governing Law. This Agreement shall be governed and construed m accordance with the laws of the State of California.
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Section 10.8 Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
Section 10.9 Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties' designated representatives do not appear on the same page.
Section 10.10 Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus in the State of California.
Section 10.11 Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
[SIGNATURE PAGE TO FOLLOW]
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Packet Pg. 103 Attachment: City Manager Employment Agreement - Fernando Ulloa -12-04-2024 - FINAL2 (Approve Resolution No. 2024-68 City Manager City of Patterson
City Manager Employment Agreement
IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above, December 3, 2024.
CITY:
City of Patterson, a municipal corporation
of the State of California
By:
Michael Clauzel, Mayor
By:___________________________________
Aracely Alegre, City Clerk
EMPLOYEE:
By:
Fernando Ulloa, an individual
Approved as to Form and Content:
By:________________________________
Nubia Goldstein, City Attorney
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Packet Pg. 104 Attachment: City Manager Employment Agreement - Fernando Ulloa -12-04-2024 - FINAL2 (Approve Resolution No. 2024-68 City Manager City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: December 3, 2024
ITEM NO: 9.2
SUBJECT: Adopt Resolution No. 2024-70 A Resolution of the City Council of the Patterson City Council adopting the City Council rules and procedures handbook. The Handbook outlines standardized procedures for the efficient conduct of City Council meetings, establishes clear guidelines for Councilmember behavior, and ensures consistency and transparency in the decision-making process.
RECOMMENDATION
Motion to Adopt Resolution No. 2024-70 A Resolution of the City Council of the Patterson City Council adopting the City Council rules and procedures handbook. The Handbook outlines standardized procedures for the efficient conduct of City Council meetings, establishes clear guidelines for Councilmember behavior, and ensures consistency and transparency in the decision-making process.
BACKGROUND
The proposed City Council Rules and Procedures Handbook was developed to provide clarity by establishing a well-organized structure for meetings and decision-making processes, ensuring that all participants, including the public, understand the expectations. It promotes consistency through standardized practices that guide the conduct of meetings and decisions, reducing ambiguity and fostering trust in the process. Transparency is emphasized by setting clear rules for public participation and Councilmember behavior, ensuring an open and inclusive government. Additionally, the Handbook establishes a framework for accountability, holding Councilmembers responsible for their roles and duties while maintaining order and decorum during meetings. Designed as a living document, the Handbook may be revisited and amended by the City Council as necessary. Its approval represents a significant step toward fostering a more organized and efficient local government.
9.2 Packet Pg. 105
It is recommended that the City Council:
1. The City Council hereby adopts the City Council Rules and Procedures Handbook as the official guide for conducting City Council meetings.
2. City Staff is directed to implement the procedures outlined in the Handbook starting with the next scheduled Council meeting.
3. A review of the Handbook shall be scheduled within one year of adoption to assess its effectiveness and make any necessary amendments.
FISCAL IMPACT
There is No Fiscal Impact to the FY 24/25 budget.
9.2 Packet Pg. 106
{CW139109.2}
RESOLUTION NO. 2024-70
A RESOLUTION OF THE CITY COUNCIL OF THE PATTERSON CITY COUNCIL
ADOPTING THE CITY COUNCIL RULES AND PROCEDURES HANDBOOK WHEREAS, the City Council recognizes the importance of establishing standardized procedures for the efficient conduct of meetings, ensuring clarity, consistency, transparency, and accountability in decision-making processes; and WHEREAS, the proposed City Council Rules and Procedures Handbook has been developed to provide a well-organized structure for meetings and decision-making, ensuring that all participants, including the public, understand the expectations; and WHEREAS, the Handbook promotes consistency by outlining standardized practices, reduces ambiguity in governance, and fosters trust within the community; and WHEREAS, transparency is ensured through clear rules for public participation and Councilmember behavior, creating an open and inclusive government; and WHEREAS, the Handbook establishes a framework for accountability, holding Councilmembers responsible for their roles and maintaining order and decorum during meetings; and
WHEREAS, the Handbook is designed as a living document, allowing the City Council to revisit and amend it as necessary to adapt to evolving needs; and WHEREAS, there is no fiscal impact to the FY 24/25 budget associated with the adoption of the City Council Rules and Procedures Handbook; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson does as follows:
1. The City Council hereby adopts the City Council Rules and Procedures Handbook as the official guide for conducting City Council meetings.
2. City Staff is directed to implement the procedures outlined in the Handbook starting with the next scheduled Council meeting.
3. A review of the Handbook shall be scheduled within one year of adoption to assess its effectiveness and make any necessary amendments.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 3
rd day of December 2024, by , who moved its
adoption, which motion was duly seconded by , and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
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4875-3784-1663, v. 1
APPROVED:
_____________________________
Michael Clauzel
Mayor of the City Patterson
ATTEST:
__________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the city Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 3rd day of December 2024, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
________________________________
City Clerk of the City of Patterson
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Packet Pg. 108 Attachment: Resolution No. 2024-70 City Council Handbook (Adopt Resolution No. 2024-70 Adopting the City Council Rules and Procedures {CW015083.3} Councilmember Handbook amended November 27, 2024 City of Patterson
City Officials’
Handbook
Table of Contents
PART I: ADMINISTRATIVE GUIDELINES
{CW015083.3} 2
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Chapter 1: Introduction & Overview
A. Purpose of Patterson Procedures Manual............................................................................................ 1 B. Overview of Basic Documents .............................................................................................................. 1
1. Patterson Municipal Code: ............................................................................................................... 1
2. California Government Code: ........................................................................................................... 1
3. Annual Budget:.................................................................................................................................. 2
4. General Plan:..................................................................................................................................... 2
5. Emergency Operations Plan.............................................................................................................. 2 C. Orientation of New Councilmembers................................................................................................... 2 D. Basic Definitions.................................................................................................................................... 2 Chapter 2: General Powers & Responsibilities
A. Council Functions.................................................................................................................................. 3 B. Mayor and Mayor Pro Tempore Functions........................................................................................... 3
1. Mayor................................................................................................................................................ 3
2. Mayor Pro Tempore.......................................................................................................................... 3 C. Appointment of City Manager and City Attorney................................................................................. 3
1. City Manager..................................................................................................................................... 3
2. City Attorney ..................................................................................................................................... 3 D. Role in Emergency................................................................................................................................. 4 E. Appointment of Advisory Boards.......................................................................................................... 4
1. Planning Commission........................................................................................................................ 4
2. Parks, Recreation, and Beautification Commission .......................................................................... 5
3. Economic Strategic Commission....................................................................................................... 5
5. Senior Commission............................................................................................................................ 5 F. Appointment to Ad-Hoc/Special Assignment Committees .................................................................. 5
1. Policy ................................................................................................................................................. 5
2. Implementation ................................................................................................................................ 5 Chapter 3: Support Provided to Council
A. Staff/Clerical Support............................................................................. Error! Bookmark not defined.
B. Mail, Deliveries...................................................................................................................................... 7 C. E-mail/Voicemail................................................................................................................................... 7 D. Councilmember Offices......................................................................................................................... 7 {CW015083.3} 3
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E. Inappropriate Actions........................................................................................................................... 8 Chapter 4: City Finances
A. Councilmember Compensation. ........................................................................................................... 9 B. Expenditure Allowance. ........................................................................................................................ 9 C. Expenditure Guidelines......................................................................................................................... 9 Chapter 5: Communications
A. Overview ............................................................................................................................................. 10 B. Speaking “for the City”........................................................................................................................ 10 C. Correspondence from Councilmembers............................................................................................. 10 D. Confidential Issues.............................................................................................................................. 11 E. Local Ballot Measures......................................................................................................................... 11 F. State Legislation, Propositions............................................................................................................ 11 G. Proclamations ..................................................................................................................................... 11 Chapter 6: Conflicts & Liability
A. Conflict of Interest .............................................................................................................................. 13 B. Political Reform Act............................................................................................................................. 13
1. Publicly identify the financial interest ............................................................................................ 14
2. Recuse yourself from both the discussion and the vote on the matter.........................................14
3. Leave the room until the matter has been completed................................................................... 14 C. Government Code Section 1090......................................................................................................... 15 D. Publication of City Attorney’s Conflict Advice .................................................................................... 15 E. Conflict of Interest Forms ................................................................................................................... 16 F. Ex Parte Communications................................................................................................................... 16 G. Liability ................................................................................................................................................ 16 Chapter 7: Ethics & Civility
A. Code of Ethics Policy ........................................................................................................................... 18
1. AB 1234—Ethics Training for Public Officials.................................................................................. 18 B. Ethics of Councilmembers .................................................................................................................. 18 C. Rules of Civility.................................................................................................................................... 21 D. Enforcement of Misconduct ............................................................................................................... 22
1. Rules Committee ............................................................................................................................ 22 {CW015083.3} 4
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Chapter 8: Anti-Harassment Policy
A. Definitions........................................................................................................................................... 27
1. Protected Classifications................................................................................................................. 27
2. Policy Coverage............................................................................................................................... 27
3. Harassment..................................................................................................................................... 27
4. Retaliation....................................................................................................................................... 29 B. Identifying Harassment....................................................................................................................... 29 C. Complaint Procedure .......................................................................................................................... 30
1. Reporting to the Offending Individual ............................................................................................ 30
2. Reporting to the Mayor .................................................................................................................. 30
3. Confidentiality................................................................................................................................. 31
4. Duty to Maintain Confidentiality of Interview................................................................................ 31 D. Responses to Complaint ..................................................................................................................... 31
1. Interim Relief .................................................................................................................................. 31
2. Investigation.................................................................................................................................... 31
3. Investigation of Unreported Potential Violations........................................................................... 32 E. Action.................................................................................................................................................. 32
1. Council or Mayor............................................................................................................................. 32
2. Appointee........................................................................................................................................ 32 G. Mutually Accepted Social Relationships............................................................................................. 32 H. Individual Responsibilities................................................................................................................... 32 Chapter 9: Interaction with Staff & Officials
A. Overview ............................................................................................................................................. 34 B. Council-Manager Form of Government.............................................................................................. 34 C. Council-Manager Relationship............................................................................................................ 34
1. Employment relationship between the Council and City Manager................................................34
2. Evaluation ....................................................................................................................................... 34
3. Open Communication ..................................................................................................................... 35
4. Staff roles........................................................................................................................................ 35 D. City Manager Code of Ethics............................................................................................................... 35 E. Council-City Attorney Relationship..................................................................................................... 35
1. City Attorney ................................................................................................................................... 35
2. City Attorney Legal Responsibilities................................................................................................ 35 {CW015083.3} 5
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3. City Attorney Representation ......................................................................................................... 36 F. City Manager-City Attorney Relationship ........................................................................................... 36 G. Access to Information and Communications Flow ............................................................................. 36
1. Objectives........................................................................................................................................ 36
2. Council Roles................................................................................................................................... 36
3. Access to Information ..................................................................................................................... 37 H. Dissemination of Information............................................................................................................. 37 I. Staff Relationship with Advisory Bodies............................................................................................. 37 J. Restrictions on Political Involvement by Staff .................................................................................... 38 Chapter 10: Leaving Office
A. Filling Council Vacancies ..................................................................................................................... 40 B. Conflicts of Interest While Leaving Office........................................................................................... 40 PART II: COUNCIL PROCEDURAL GUIDELINES
Chapter 11: Open Meetings--Brown Act
A. Policy ................................................................................................................................................... 42
1. Introduction .................................................................................................................................... 42
2. Penalties and Applicability.............................................................................................................. 42 B. Meetings ............................................................................................................................................. 42
1. General............................................................................................................................................ 42
2. Serial Meetings ............................................................................................................................... 42 C. Procedure............................................................................................................................................ 42
1. Affidavit of Posting.......................................................................................................................... 43 D. Actions ................................................................................................................................................ 43 E. Ex Parte Communication..................................................................................................................... 43 Chapter 12: Council Meetings
A. Council Meetings ................................................................................................................................ 44
1. Regular Meetings............................................................................................................................ 44
2. Special Meetings & Emergency Meetings....................................................................................... 44
3. Adjourned Meetings ....................................................................................................................... 44
4. Closed Session................................................................................................................................. 44
5. Cancellation of Regular Meetings................................................................................................... 44
6. Quorum........................................................................................................................................... 45 {CW015083.3} 6
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7. Presiding Officer.............................................................................................................................. 45
8. Attendance by the Public................................................................................................................ 45
9. Action Minutes................................................................................................................................ 45
10. Recordings of Meetings. ............................................................................................................. 45 Chapter 13: Order of Business
A. General Order ..................................................................................................................................... 47
1. CLOSED SESSION (if necessary)....................................................................................................... 47
2. CALL TO ORDER............................................................................................................................... 48
3. PLEDGE OF ALLEGIANCE.................................................................................................................. 48
4. STATEMENTS OF CONFLICT............................................................................................................. 48
5. ITEMS FROM THE PUBLIC—NON AGENDA ITEMS .......................................................................... 48
6. CONSENT CALENDAR ...................................................................................................................... 48
7. PUBLIC HEARINGS AND SCHEDULED PRESENTATIONS...................... Error! Bookmark not defined.
8. STAFF AND COMMITTEE REPORTS.................................................................................................. 49
9. COUNCIL ITEMS............................................................................................................................... 49
10. ADJOURNMENT........................................................................................................................... 49 B. Public Hearings:................................................................................................................................... 49 C. Resolutions.......................................................................................................................................... 50
1. Definitions:...................................................................................................................................... 50
2. Recording Resolutions .................................................................................................................... 50
3. Motion............................................................................................................................................. 51 D. Ordinances - Requirements of Ordinances........................................................................................ 51
1. Definition: ....................................................................................................................................... 51
2. Adoption ......................................................................................................................................... 51
3. Emergency Ordinances ................................................................................................................... 51
4. Effective Date of Ordinance............................................................................................................ 52 E. Method of Action - Ordinances and Resolutions................................................................................ 52
1. Legislative action............................................................................................................................. 52
2. Voting.............................................................................................................................................. 52
3. Adoption of Resolutions ................................................................................................................. 52
5. Publishing........................................................................................................................................ 52 a. Exceptions to Publishing Requirement........................................................................................... 53 F. Action on Agenda Items...................................................................................................................... 53 {CW015083.3} 7
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G. Items Placed on Written Agenda ........................................................................................................ 53
1. Council................................................................................................ Error! Bookmark not defined.
2. Members of the Public....................................................................... Error! Bookmark not defined.
3. Emergency And Non-Agendaized Items ............................................ Error! Bookmark not defined.
Chapter 14: Guidelines of Conduct
A. General Procedures ............................................................................................................................ 54 B. Presiding Officer.................................................................................................................................. 54 C. Seating Arrangement of the Council................................................................................................... 54 D. Authority of the Presiding Officer....................................................................................................... 54 E. Discussion Rules.................................................................................................................................. 54
1. Obtaining the Floor......................................................................................................................... 54
2. Questions to Staff ........................................................................................................................... 54
3. Interruptions................................................................................................................................... 54
4. Discussion Limit............................................................................................................................... 55
5. Tabling Procedures ......................................................................................................................... 55
6. Right of Protest ............................................................................................................................... 55 F. Motions:.............................................................................................................................................. 55
1. Procedure for Motions.................................................................................................................... 55
2. Precedence of Motions................................................................................................................... 55
3. Motions Introducing Ordinances.................................................................................................... 56 G. Voting Procedures............................................................................................................................... 57
1. Abstention:...................................................................................................................................... 57
2. Tie Votes ......................................................................................................................................... 57
3. Motion for Reconsideration............................................................................................................ 58 H. Non-Observance of Guidelines........................................................................................................... 58 I. Non-Exclusive Guidelines:................................................................................................................... 58 Chapter 15: Addressing the Council
A. Oral Presentations by Members of the Public.................................................................................... 59 B. Public Comment.................................................................................................................................. 59
1. Timing.............................................................................................................................................. 59
2. Speaker Cards .................................................................................... Error! Bookmark not defined.
3. City Matters .................................................................................................................................... 59 {CW015083.3} 8
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C. Agenda Item Oral Presentation .......................................................................................................... 59
1. Speaker and Comment Cards............................................................. Error! Bookmark not defined.
2. Time Limit........................................................................................................................................ 60
3. Limit on Addressing the Council ..................................................................................................... 60
4. Presentations Submitted in Writing................................................................................................ 60
5. Written Comments of a Third Party................................................................................................ 60 D. Comments in Writing Encouraged...................................................................................................... 60
1. Comment Cards ................................................................................. Error! Bookmark not defined.
2. Repetitious Comments Prohibited.................................................................................................. 60 E. Speaker Time Limits for An Agenda Item............................................................................................ 60 F. Waiver of Guidelines........................................................................................................................... 61 G. Decorum.............................................................................................................................................. 61 Chapter 16: Councilmember Administrative Support
A. Requests for Research of Information................................................... Error! Bookmark not defined.
B. Inappropriate Actions............................................................................ Error! Bookmark not defined.
Chapter 17: Application of Rules to City Commissions & Other City Sponsored Publicly Held Meetings
A. Applicability of Rules........................................................................................................................... 62 B. City Board Rules.................................................................................................................................. 62 C. Public Hearing Rules............................................................................................................................ 62 Appendix A.................................................................................................................................................. 63 ICMA Code of Ethics.................................................................................................................................... 63 Appendix B .................................................................................................................................................. 67 Travel Reimbursement Form ...................................................................................................................... 67 {CW015083.3} 9
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PART I: ADMINISTRATIVE GUIDELINES
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Chapter 1: Introduction & Overview
A. Purpose of Patterson Procedures Manual
The City of Patterson (the “City”) has prepared this City Officials’ Handbook (the “Handbook”) to assist Councilmembers and other City Officials (collectively, “City Officials”) by documenting accepted practices and clarifying expectations. This Handbook should serve as a reference on adopted practices and procedures pertaining to Patterson Council (“Council”) meetings, meetings of Boards, Commissions, provide an overview of City operations, Council powers and responsibilities, expected behavior and decorum from Councilmembers and other elected or appointed officials, and related matters.
B. Overview of Basic Documents
This Handbook is a summary of important aspects of Council activities. However, it cannot incorporate all materials and information necessary for understanding the business of a Council. Many other laws, plans, and documents exist which bind the Council to certain courses of action and practices. A summary of some of the most notable documents which establish Council direction is provided below.
1. Patterson Municipal Code: The Patterson Municipal Code (“P.M.C.”) contains local laws and regulations adopted by ordinances. Title 2 Administration and Personnel of the P.M.C. addresses the role and relationship of the Council, Mayor and Mayor Pro Tempore. It also describes the organization of Council meetings and responsibilities and appointment of certain City staff positions and advisory commissions. In addition to these administrative matters, the P.M.C. contains a variety of laws including, but not limited to, zoning standards, traffic/speed regulations, and local tax standards.
2. California Government Code: The state Government Code contains many requirements for the operation of city government and administration of meetings of Councils throughout the state. Many of these requirements, such as open meeting laws, are also replicated within the P.M.C. to ensure there is broad awareness of such requirements. The City is a “general law” city, which means it is organized in accordance with provisions of the Government Code, and it is bound by the state’s general law.
Also described within the Government Code is the council-city manager form of government, which is the form of government utilized in the City. This form of government prescribes that a Council’s role is to establish policies and priorities, while the role of the city manager is to administer the affairs of the city government.
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3. Annual Budget: The City’s annual budget provides a description of City services, and the resources used to provide services. The document contains a broad overview of the budget as well as descriptions of programs offered within each division of the organization.
4. General Plan: Often referred to as a City’s development constitution, a state mandated general plan addresses adopted future land development plans and policies.
5. Emergency Operations Plan: The City maintains an Emergency Operations Plan, which describes actions to be taken in periods of extreme emergency.
The Council may be called upon during an emergency to establish policies related to the specific incident.
C. Orientation of New Councilmembers
It is important that Councilmembers of the Council gain an understanding of the full range of services and programs provided by the organization. As new Councilmembers join the Council, department heads are instructed to provide invitations for members to tour facilities and meet with key staff. At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations.
D. Basic Definitions
1. Chair is the individual authorized by law, the Patterson Municipal Code or City policy to oversee, direct and preside over the public meeting of the City Council, Planning Commission or any other City board or commission.
2. City Council is the governing body of the City of Patterson, comprised of four (4) Councilmembers and one (1) Mayor.
3. City Official is any elected or appointed member of the Patterson City Council, Patterson Planning Commission, or any other City board or commission established by ordinance or City Council policy.
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Chapter 2: General Powers and Responsibilities
A. Council Functions
The Council is the legislative body of the City; its members are the community’s decision makers. Power is centralized in the elected Council collectively, and not in individual members of the Council. The Council approves the budget and determines the public services to be provided and the taxes, fees, and assessments to pay for these public services. It focuses on the community’s goals, major projects and such long-term considerations as community growth, General Plan and land use, development standards, capital improvements, financing and strategic planning. The Council appoints a professional City Manager to carry out the administrative responsibilities and supervise the City Manager’s performance.
B. Mayor and Mayor Pro Tempore Functions
1. Mayor: The Mayor is to preside at all meetings of the Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. At Council meetings, the Mayor assists the Council in focusing on the agenda, discussions and deliberations. The Mayor does not possess any power of veto. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy.
The Mayor is also recognized as the official head of the City for all ceremonial purposes.
2. Mayor Pro Tempore: The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability. The Mayor Pro Tempore shall serve in this capacity at the pleasure of the Council.
C. Appointment of City Manager and City Attorney
The Council appoints two positions within the City organization: City Manager and City Attorney. Both positions serve at the will of the Council.
1. City Manager: is an employee of the City and has an employment agreement, which specifies some terms of employment including an annual evaluation by the Council. The City Manager is responsible for all other personnel appointments within the City.
2. City Attorney: City Attorney services will be provided by contract. The City Attorney attends all Council Meetings as well as other meetings at the request of the Council as deemed necessary. The City Attorney is appointed and serves at the pleasure of the Council.
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D. Role in Emergency
The Council has some extraordinary powers in the case of an emergency. The City is a participant in the Stanislaus County Disaster Council. On such date that the City is no longer a participant in the Stanislaus Disaster Council, the following guidelines shall apply.i
The City’s “Disaster Council” shall be created and will consist of the following:
• Director of emergency services, who shall be chairman; • Assistant director of emergency services, who shall be vice chairman; • Chiefs of emergency services as provided in the current emergency plan of the City;
• Representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the Council.ii The Disaster Council shall be responsible to develop and recommend for adoption by the Council, emergency and mutual aid plans and agreements, and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.iii
The Disaster Council shall meet upon the call of the Disaster Council chairman, or in his or her absence from the City or inability to call such meeting, upon call of the Disaster Council vice chairman.iv
E. Appointment of Advisory Boards
The City currently has four (4) standing commissions and boards: Planning Commission; Parks, Recreation and Beautification Commission; Economic Strategic Commission; and the Senior Commission. In addition, special purpose citizens committees and task forces are often appointed by the Council to address issues of interest. The following procedures reflect the policy of the Council regarding the appointment of volunteer citizens to the various advisory bodies of the City.
Term: Each advisory board has a term limit of two (2) years. At the expiration of that term, the incumbent must reapply for appointment and compete with other interested candidates for the board position.
1. Planning Commissionv: Five members.
Qualifications: Must be a resident of the City.
Appointment: Selection by Mayor with consent of Council.
Meeting Time: 2nd and 4th Thursday of each month for the months of January through October and shall be on the 3rd Thursday of {CW015083.3} 5
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each month for the months of November and December, at
7:00 p.m. at City Hall in the City Council Chambers.
2. Parks, Recreation, and Beautification Commissionvi: Five members.
Qualifications: Basic Knowledge of Parks and Recreation.
Appointment: Selecting by Mayor or with the consent of Council Meeting Time: 3rd Wednesday of each month at 5:00 p.m. at City Hall in the City Council Chambers.
3. Economic Strategic Commissionvii: Five members.
Qualifications: Basic knowledge of economic development Appointment: Made by Mayor with consent of Council.
Ex-Officio Members: City Manager, Public Works Director, Community Development Director, Alliance Representative, PG&E Representative and TID Representative.
Meeting Time: 3rd Thursday of the month at 11:30 a.m. at City Hall in the City Council Chambers.
4. Senior Commission Five Members
Qualifications: Must reside within the City of Patterson’s city limits and be 50+ years of age.
Appointment: Made by Mayor with consent of Council
Meeting Time: 3rd Tuesday of the month at 10:00 a.m. alternating every month between the Hammon Senior Center and City Hall, Council Chambers.
F. Appointment to Ad-Hoc/Special Assignment Committees
1. Policy: From time to time the City appoints Ad-Hoc Committees to assist the Council in gathering pertinent information, obtaining public input and making recommendations on various issues and projects to the Council. The Council shall appoint Committees that meet the following objectives:
a. Are knowledgeable and educated on the issues facing the Committee. b. Fairly represents a broad cross section of the cultural, ethnic, and political views of the community.
2. Implementation:
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a. Each applicant for an Ad-Hoc Committee shall be required to complete a City application for volunteers.
b. Each Committee shall include at least one and no more than two Councilmembers, at least one City Employee, and one or more public at large members.
c. A written scope of work shall be established clearly defining the duties, responsibilities, authority, timeline and reports due.
d. Candidates shall be interviewed by the Council or a sub-committee of the Council regarding their knowledge of the issues relating to the position, their availability to fulfill the time commitments of the position, and any potential or real conflicts or bias regarding the issues of the committee. Any real or perceived conflict shall disqualify the candidate from appointment to the committee.
e. Any Councilmember with a real or perceived conflict of interest or bias should be disqualified from participating in the selection, assignment, work, or reports of the Committee.
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Chapter 3: Support Provided to Council
A. Mail, Deliveries
City Officials receive mail and other materials from the public, private interests and staff. The City Clerk maintains mailboxes for each member. In addition, a City courier will often deliver materials to the home of Councilmembers when materials are time sensitive. Meeting agenda materials are generally delivered on Thursday afternoons, prior to the Council meeting via email. Other courier deliveries are scheduled as needed.
B. E-mail/Voicemail
Councilmembers will be offered the use of a City e-mail and voice mail account.
These technologies facilitate efficient communication by Councilmembers. However, their use also raises important legal issues to which Councilmembers must pay special attention. First, the Brown Act prohibits members from using “technological devices” to develop a concurrence by a majority regarding an action to be taken by the Council.viii “Technological devices” under the Brown Act include phones, faxes, computer e-mail, public access cable TV and video. Council members should not use e-mail, faxes, or phones to communicate with other Councilmembers in order to develop a majority position on any particular issue that may come before the full Council.
Second, be aware that any e-mails sent by Councilmembers addressing substantive City business, either from their City account or personal email, are public records under the Public Records Act.ix Even if an e-mail is not printed, the information in the e-mail is stored on the computer network until deleted, and it may continue to exist on the network’s back-up systems even after being deleted. As a result, e-mails can become records of the City maintained in the course of business, and thus available for public disclosure under the Public Records Act. Any correspondence sent from a Councilmember’s personal cell phone device is also subject to public disclosure under the Public Records Act.
For those reasons, Councilmembers should only use City-issued e-mail addresses to conduct City business.
C. Councilmember Offices.
There are a number of conference rooms available for Councilmembers to use should the need arise, with the City Hall conference room likely the most readily available for Councilmember business. Councilmembers requesting use of the conference room should schedule its use with the Secretary to the City Manager or the City Clerk’s office.
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D. Inappropriate Actions By A Councilmember
The Council has delegated the City Manager the responsibility to discuss, on behalf of the full Council, any perceived or inappropriate action by a Councilmember. The City Manager will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Manager will report the concern to the full Council with potential action taken against that Councilmember as outlined in Chapter 7, “Ethics and Civility”, of this Handbook.
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Chapter 4: City Finances
A. Councilmember Compensation.
State law and the City municipal code provide for modest compensation to members of the Council.
x
Currently, members receive a salary of $396 per month.
xi The Mayor
receives $660 per month.xii
Councilmembers may waive their monthly salaries.
B. Expenditure Allowance.
The annual City budget also includes an expenditure allowance for expenses necessary for members to undertake official City business. Eligible expenses include membership in professional associations, attendance at conferences or educational seminars, and purchase of publications and annual subscriptions. In addition, travel expenses including meals for Councilmembers and mileage reimbursement are made for City business. Donations to organizations are not eligible nor are meals for individuals other than Councilmembers.
Actual and necessary cellular telephone expenses, including voice, text, and data charges, incurred by Councilmembers in the performance of official duties shall be reimbursed up to and including the amount of fifty (50) dollars.xiii C. Expenditure Guidelines.
Any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose. For example, reimbursement is not allowed to pay for meals at a meeting to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen or spouse attending a meeting.
City budgetary practices and accounting controls apply to expenditures within the Council budget. Councilmembers should plan expenditures that will allow them to remain within the annual allocation. When exceptional circumstances require that additional amounts be allocated, the request must be made to the City Manager, and Council action may be necessary. Reimbursement requests should be made through the City Manager’s office with receipts. A travel reimbursement form is included as Appendix B to this handbook. Expenditure records are public information. {CW015083.3} 10
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Chapter 5: Communications
A. Overview
Perhaps the most fundamental role of a Councilmember is communication; communication with the public to assess community options and needs and communication with staff to provide policy directions and to gain an understanding of various policy alternatives. Because the Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking “for” the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised.
B. Speaking “for the City”
When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole. Of course, a member may clarify their vote on a matter by stating “While I voted against X, the Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the Council’s position rather than that of an individual member.
C. Correspondence from Councilmembers
1. Members of the Council will often be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the Council. Individual members of Council will often prepare letters for constituents in response to inquiries or to provide requested information.
2. The following is the policy of the Patterson Council relative to official and nonofficial correspondence by members of the Council. a. Councilmembers shall not write or send letters on City stationery without Council approval.
b. The Mayor is authorized to send thank you and acknowledgement letters as they directly pertain to the City in its usual course of business.
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correspondence may include public notices, invitations, information, etc. All correspondence signed by the Mayor shall have a copy forwarded to each Councilmember.
c. Councilmembers may endorse political candidates, initiatives, legislation or positions using their own stationery. They may identify themselves by City position and title, but in no case shall said endorsements infer that the City or Council supports said position or candidate. Members are encouraged to notify or send copies of said endorsement to the full Council.
d. The Council policy is that it will not support individual political candidates but may vote to support or take stands on initiatives, measures (i.e. school bonds) or other legislation as appropriate and permissible under state law. The Mayor shall be authorized to sign letters stating the Council’s position.
D. Confidential Issues
Confidential issues, including anything that has been discussed in a closed session, shall not be disclosed to any member of the public, including the press.
E. Local Ballot Measures
At times, ballot measures may be placed on the ballot that affect Council policy. By law there are restrictions regarding what actions the Council or individual members may take on ballot measures.
F. State Legislation, Propositions
The Council is frequently requested to take action on pending state legislation. The Council has adopted a practice of requiring analysis of bills prior to taking any official position. The analysis is to include a summary of the legislation’s purpose and a listing of those entities both in support of and against the proposed legislation. Any member requesting support or opposition to legislation should request that the analysis be placed on the Council agenda for consideration.
G. Proclamations
Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy, but a manner in which the City can make special recognition of an event (e.g. Recycling Week). As part of his or her ceremonial responsibilities, the Mayor is charged with administration of Proclamations. Individual Councilmembers do not issue proclamations, but may request that the Mayor issue a proclamation
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Chapter 6: City Officials—Conflicts & Liability
A. Conflict of Interest
State laws are in place which attempt to eliminate any action by a Councilmember which may reflect a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest.
Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. The City Clerk’s Department will notify you of your filing requirements. The Council’s most current Statement of Economic Interests (Form 700) and Campaign Disclosure Statements (Form 460 or 470) are posted on the City’s website. Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.
At any time if a member believes that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws which regulate conflicts are very complicated.
Violations may result in significant penalties or fines, including criminal prosecution.
While not inclusive, a general summary of conflict rules has been prepared and appears below.
There are several laws that govern conflicts of interest for public officials in California – the Political Reform Act, Government Code section 1090, and Government Code section 87105. In general terms the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; section 1090 prohibits a public official from being interested in government contracts; and section 87105 requires a public official who has a conflict of interest to publicly announce the conflict, recuse himself or herself, and leave the room until after the discussion and voting on the matter is complete.
B. Political Reform Act
The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a disqualifying conflict of interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. During that discussion, the official must leave the Council Chambers or where the discussion is taking place.
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An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally…” on one or more of the economic interests of the official or a member of the official’s immediate family.
As of 2017, economic interests include interests in businesses worth $2,000 or more, interests in real property, both ownership and leases, worth $2,000 or more, a source of income in an amount of $500 or more, and gifts of $470 or more provided to or received within one year of the decision. These dollar amounts are subject to annual increases. Please check with the City Attorney to verify the current dollar amounts.
Often the economic interest involved is real property owned or leased by the Councilmember. In these cases, a public official is presumed to have a conflict of interest if he or she has a direct or indirect interest worth two thousand dollars ($2,000) or more in fair market value.xiv If a Councilmember has a pro rata share interest in real property, in which the Councilmember or immediately family member owns, and has a ten percent (10%) or greater interest in the property, then that is also a conflict of interest.xv
Determining whether a Councilmember has a disqualifying conflict of interest is very complicated and fact specific. Please contact the City Attorney if you suspect that you may have a conflict of interest so that a formal four-step analysis of the potential conflict can be provided.
Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room, unless the matter is on the Consent Calendar.xvi After it has been determined that a conflict of interest exists under the Political Reform Act, the following steps must take place:
1. Publicly identify the financial interest. This must be done in enough detail for the public to understand the economic interest that creates the conflict of interest. Residential street addresses do not have to be disclosed.
2. Recuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.
3. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.xvii
Exceptions: if the matter is on the consent calendar, recusal is not required.
Additionally, if the individual with the conflict wants to speak during public comment, he or she may do so as a private citizen; however, this is the only time he or she may be in the room while the matter is being considered.
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The Fair Political Practices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.
C. Government Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The financial interests covered by section 1090 are different than those in the Political Reform Act.
Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating section 1090 are severe. If a Councilmember believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney or the Councilmember’s personal attorney.
There are a number of other restrictions placed on Council actions, which are highlighted in the League of California Cities Handbook. Such restrictions include prohibitions on secrecy and discrimination as well as assurance that all City funds are spent for public purposes. Violations of these restrictions may result in a personal liability for individual Councilmembers.
D. Publication of City Attorney’s Conflict Advice
Advice provided to members of the Council or commissions regarding potential conflicts of interest are public information and should be circulated to all members of the Council. The rationale for this policy is that the City Attorney is employed by the entire Council utilizing taxpayer funds. The findings of the City Attorney, therefore, should be made public. Members may seek a private attorney to receive advice on potential conflicts. In such cases, no disclosure policy would apply, as the opinion rendered would be paid for by the Councilmember using his or her own funds.
It is critical to note that while the City Attorney can render advice on the interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations on such matters is the FPPC. Councilmembers or the Council as a whole may also solicit opinions on such matters directly from the FPPC, however, such opinions often take time to develop and may not readily respond to urgent matters. Members of the Planning Commission may also wish to seek opinions and advice on potential conflicts of interest.
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The City Attorney has an affirmative duty to protect the City and Council from conflicts of interest wherever possible.
E. Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council (e.g.
StanCOG, etc.). These agencies will also require the submittal of disclosure forms.
These forms require information including income, loans, receipt of gifts, and interest in real property among other items.
F. Ex Parte Communications
All Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum; however, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official or other officials in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests. The applicable California law, the Brown Act, is discussed in Chapter 11 of this handbook, provides more detail as to Councilmembers obligations under California state law.
G. Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved, however, with such a wide variety of high profile services (e.g. police, fire) risk cannot be eliminated.
The City belongs to an agency with other cities in the Central Valley to manage insurance and risk activities. When claims are filed against the City they are sent to the City’s claims examiner to review and make recommendations. Unless there is a clear liability on the part of the City, the claim will normally be recommended for denial. The Claim is placed on the Council agenda for rejection but will only be discussed in closed session if Council desires. Council should be careful discussing details of a claim or lawsuit outside of closed session.
It is important to note that violations of certain laws and regulations by individual members of the Council may result in that member being personally liable for {CW015083.3} 17
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damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.
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Chapter 7: Code of Ethics and Civility
A. Code of Ethics Policy
Councilmembers should be familiar with the International City/County Management Association’s (“ICMA”) Code of Ethics Policy attached to this Handbook as Appendix A.
1. AB 1234—Ethics Training for Public Officials
State law requires the City to advise local officials, subject to California’s ethics education requirements about their compliance options at least once a year.xviii The City will ensure that all local officials will be provided the AB 1234 Ethics Training.
This training covers subjects such as personal financial gain, personal advantages and perks, government transparency, fair process, and when to seek advice from agency counsel. The training will cover in detail the laws that are briefly presented above. Please contact the City Clerk for training opportunities.
B. Ethics of Councilmembers
The citizens and businesses of the City are entitled to have fair, ethical, and accountable local government, which has earned the public’s full confidence for integrity. In keeping with the City’s commitment to excellence, the effective functioning of democratic government therefore requires that:
• Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • Public officials be independent, impartial and fair in their judgment and actions;
• Public office be used for the public good and not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
As such, the City has adopted a Code of Ethics and Conduct for members of the Council and of the City’s boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. This section provides guidance on ethical issues and questions of right and wrong.
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of the City and not for any private or personal interest, and they will {CW015083.3} 19
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assure fair and equal treatment of all persons, claims and transactions before the Council, boards, and commissions.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the United States, the State of California, and the City of Patterson in the performance of their public duties. These laws include but are not limited to: the United States and California Constitutions; the City’s Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3. Conduct of Members. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff, or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
5. Conduct of Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
7. Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship, {CW015083.3} 20
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which may give the appearance of a conflict of interest. Please refer to Chapter 6 of this Handbook for more details regarding Conflict of Interests.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
10. Confidential Information. Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
11. Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
12. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of boards and commissions appear their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy. Members shall represent the official policies or positions of the Council, board, or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body of the City, nor will they allow the inference that they do. Council members and board and commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, board and commission meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the councilmanager structure of the City’s government. Except as provided by the P.M.C., Councilmembers shall not interfere with the administrative functions of the City or the professional duties of the City Staff; nor shall they impair the ability of staff {CW015083.3} 21
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to implement Council policy decisions. The Council-Manager form of government is defined in more detailed in Chapter 9, Section B of this Handbook.
15. Independence of Boards and Commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, Councilmembers shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.
C. Rules of Civility
1. During a council meeting, all present shall:
a. Preserve safety and order;
b. Not block the audience or camera from viewing the proceedings; c. Not engage in disruptive behavior, including but not limited to; heckling, whistling, yelling, and other similar demonstrations;
d. Not willfully disrupt peace and order of the meeting; e. Listen to others respectfully and not interrupt those who are speaking; f. Refrain from making comments that personally attack an individual in a way that disrupts, disturbs, or otherwise impedes orderly conduct, including but not limited to: name calling, insults, and unrelated statements or accusations about an individual’s personal life; g. Avoid use of profanity, obscene language, and threats that disrupt, disturb, or otherwise impede orderly conduct;
h. Not using unlawful physical force. Physical force includes but is not limited to: grabbing, pushing, slapping, punching, kicking, or otherwise striking the body of another or an object attached to another’s body; i. Not harass any other person in any way, including but not limited to types of harassment described in Chapter 7 of this handbook;
j. Avoid obscene gestures or motions that could be viewed as threatening or an effort to intimidate. Unacceptable gestures include but are not limited to: those of a sexual nature, finger pointing and fist shaking in an overly aggressive or accusatory manner, miming the use of weapons or other violent acts, and other movements that could be seen as threatening; {CW015083.3} 22
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k. Avoid raising voices beyond what is necessary to be heard by the audience; l. Shall act in accordance with all provisions of this chapter.
2. If a member of the public or audience or Councilmember disrupts the Council meeting or violates the Code of Civility described in this chapter, the city has the following recourse:
a. The Presiding Officer can call the meeting to order; b. A councilmember may move to require the Presiding Officer to enforce the rules and upon majority vote, the Presiding Officer shall be required to do so;
c. The Presiding Officer may instruct the Sergeant-at-Arms to enforce the rules;
d. The Sergeant-at-Arms may order an individual to sit, refrain from addressing the Council, or remove the disruptive person from the meeting.
D. Enforcement of Misconduct
When a City Official violates this chapter, this Handbook, state or federal law, or any part of the Patterson Municipal Code, they are subject to disciplinary measures including, but not limited to admonishment, reprimand, or censure.
1. Rules Committee
Through a majority vote, the Council will select from among its members three (3) Councilmembers to serve as the Rules Committee. A Councilmember who is under review for violations of this chapter may not serve on the Rules Committee during the evaluation of the alleged violation. If a Councilmember is under review, he or she shall be automatically removed from the Rules Committee for the duration of the review. In the event that a member of the Rules Committee is recused, the Mayor shall appoint another member of the Council to act pro tempore. If more than one member of the Rules Committee is subject of the review, then the investigation will automatically advance to the five (5) member ad hoc committee appointed by the Mayor. The Council may replace members of the Rules Committee at any time through majority vote.
2. Admonishment
a. Definition. An admonishment is appropriate for allegations of a violation of law or city policy. An admonishment serves as a formal reminder of the rules and is not disciplinary in nature.
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b. Procedure. Any Councilmember may submit a written request for admonishment to the Council with the specific language of the proposed admonition. An admonishment need not be directed at an individual councilmember. By a majority vote of the Council, it may elect to approve the admonishment.
3. Reprimand
a. Definition. A reprimand is appropriate when the Council finds that a Councilmember has committed misconduct but determines that the misconduct does not rise to the level of requiring censure. b. Procedure.
i. Any Councilmember may submit a written request to reprimand a Councilmember to the Rules Committee. The request should contain specific allegations of conduct that, if true, violate this chapter, the Councilmember handbook, state or federal law, or any other part of the P.M.C.
1. This request shall be personally served upon the accused Councilmember at least seventy-two (72) hours before the Rules Committee meeting where the request will be
evaluated. The Rules Committee shall also serve the
accused councilmember with notice of the time, place,
and date of the Rules Committee meeting and the
accused councilmember’s right to submit oral or written evidence.
ii. The accused Councilmember will have the opportunity to respond to the accusations at the Rules Committee meeting.
After the meeting, the Rules Committee shall make one of the following findings:
1. The matter should be investigated further and set for a separate public hearing by the Council;
2. No further investigation is required, and the matter should be dismissed.
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iii. The Rules Committee shall deliver its report to the Council and the accused within ten (10) days of the Rules committee meeting on the matter.
iv. If the Rules Committee decides to recommend action by the Council, the matter shall be set for hearing at the next regularly scheduled council meeting, that is at least thirty (30) days after the date of the Rules Committee report is sent to the accused. v. At the Council meeting, the accused Councilmember shall have an opportunity to respond to the findings of the report. vi. Based on the report and the comments by the accused, the Council will vote. A reprimand action must be approved by a majority vote.
4. Censure
a. Definition. A censure is a formal resolution to reprimand an individual for misconduct and is a disciplinary action.
b. Procedure.
i. Any Councilmember may submit a written request to censure a Councilmember to the Rules Committee. The request should contain specific allegations of conduct that, if true, violates this chapter, the Councilmember Handbook, state or federal law, or any other part of the P.M.C.
ii. This request shall be personally served upon the accused Councilmember at least seventy-two (72) hours before the Rules Committee meeting where the request will be evaluated. The Rules Committee shall also serve the accused Councilmember with notice of the time, place, and date of the Rules Committee meeting and the accused councilmember’s right to submit oral or written evidence.
iii. The accused Councilmember will have the opportunity to respond to the accusations at the Rules Committee meeting.
After the meeting, the Rules Committee shall make one of the following findings:
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1. The mater should be investigated further and set for a separate public hearing by the Council;
2. No further investigation is required, and the matter should be dismissed.
iv. The Rules Committee shall serve the accused, the Mayor, and the Council with a copy of the report within ten (10) days of the meeting.
v. If the Rules Committee recommends the matter be dismissed, no further action will be taken unless the Council directs that an additional investigation is necessary at the next regularly scheduled Council meeting after receiving the report.
vi. If the Rules Committee recommends further investigation, the Mayor shall appoint a five (5) member ad hoc committee to determine if there is substantial evidence that the conduct occurred. If the Mayor is the party accused of misconduct, the Council shall appoint the ad hoc committee. The ad hoc
committee may be staffed by administrative staff.
1. The ad hoc committee, being advised by the City Attorney, will investigate the matter and issue a public report
based on its findings within thirty (30) days.
2. The ad hoc committee report shall be served upon the accused with a notice of the hearing that will take place at the next regularly scheduled council meeting that is no less than twenty (20) days after the notice and report are sent.
vii. The Council will hold a public hearing where it will consider all evidence, including the ad hoc committee report.
viii. At the hearing, the accused Councilmember shall be allowed to make an opening and closing statement and shall be allowed to question the accuser(s). The accused councilmember may be represented by an attorney. At the hearing, the Council shall vote on whether to adopt a resolution approving the censure. {CW015083.3} 26
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ix. At the hearing, in order to approve a censure, at least two-thirds (2/3) of the Council must vote to adopt a resolution censuring the accused councilmember.
x. If the council decides to dismiss the complaint, no further action will be taken.
xi. If the Council determines that an admonishment or reprimand is sufficient, it may issue an admonishment or reprimand at the same hearing with a majority vote.
5. Mayor’s Misconduct
When the Mayor violates this chapter, state or federal law, or any part of the Patterson Municipal Code, the Mayor shall be subject to disciplinary measures, including but not limited to: admonishment, reprimand, or censure.
The procedure for disciplining the Mayor shall be the same as the procedure set forth regarding Councilmembers in Chapter 7, Section D of this Handbook. {CW015083.3} 27
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Chapter 8: Anti-Harassment Policy
A. Anti-Harassment Training—AB 1661
Assembly Bill 1661 requires all local agency officials to receive sexual harassment prevention training within the first six (6) months of taking office and every two (2) years thereafter. Councilmembers, Planning Commissioners, and any other elected or appointed official is required to take this training.
B. Definitions
1. Protected Classifications: this policy prohibits harassment because of an individual’s actual or perceived protected classification. a. Protected Classification Definition: includes sex, race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, age, or sexual orientation.
b. Sexual Orientation Definition: includes heterosexuality, homosexuality, bisexuality, and gender identity and expression. Harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or other related conditions.
2. Policy Coverage: this policy prohibits City Officials from harassing applicants, officers, officials, employees, persons providing services to the City pursuant to a contract or clients because of:
a. an individual’s protected classification;
b. the perception that an individual has a protected classification; or c. the individual associates with a person who has or is perceived to have a protected classification.
3. Harassment: depending on the circumstances, a single act of harassment, as defined below, can violate this policy.
a. Verbal Harassment: Includes, but is not limited to, epithets, jokes, comments, or slurs that identify a person on the basis of his or her protected classification, intimate or other nicknames, and comments on appearance or stories that tend to disparage those with a protected classification.
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b. Visual Forms of Harassment: includes, but is not limited to, gestures, posters, notices, bulletins, cartoons, emails, photography, or drawings that tend to disparage those with a protected classification. c. Physical Harassment: includes, but is not limited to, the following conduct taken because of an individual’s protected classification:
assault, impeding or blocking movement, physically interfering with normal work or movement, pinching, grabbing, patting, propositioning, leering, making express or implied job threats or promises in return for submission of physical acts, mimicking, stalking, or taunting. d. Sexual Harassment: is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature which occurs under any one of four circumstances:
i. Submission is made either explicitly or implicitly regarding a term or condition of employment, or of a contractual business relationship with the City.
ii. Submission or rejection by an individual is used as a basis for employment decisions affecting that individual.
iii. Such conduct has the potential to affect an employee’s work performance negatively or to create an intimidating, hostile, or otherwise offensive work environment.
iv. Submission or rejection by a client or vendor is used as a basis for making a business decision by the employee or creates an intimidating, hostile, or otherwise offensive working
environment.
e. Abusive Conduct: is also known as “workplace bullying.” This conduct is conduct that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include:
i. Repeated infliction of verbal abuse such as derogatory remarks, insults, or epithets;
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ii. Verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; or
iii. Gratuitous sabotage of undermining of a person’s work performance.
4. Retaliation: any adverse conduct taken against an individual by a City Official because the individual has reported harassment, or has participated in the Complaint Procedure described below, is prohibited.
a. Adverse conduct: includes taking sides because an individual has reported harassment, spreading rumors about a complainant, shunning and avoiding an individual who reports harassment, or real or implied threats of intimidating to prevent an individual from reporting harassment.
b. Individuals protected from retaliation: those who make good faith reports that harassment occurred, those who are accused of harassment, and those who associate with an individual who is involved in reporting harassment or participating in a harassment complaint procedure.
H. Identifying Harassment
Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification, and which is taken because of the recipient’s protected classification.
It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for any legitimate reason, including the need to avoid being insubordinate or to avoid being ostracized.
Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future
Visual, verbal, or physical conduct between two (2) City Officials who appear to welcome it can constitute harassment of a third applicant, officer, official, employee, contractor or appointee who observes the conduct or learns about the conduct later.
Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
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Conduct can constitute harassment in violation of this policy even if the individual engaging in the conduct has no intention to harass. The Council recognizes that it is legitimate for those in protected classifications to have heightened sensitivities to harassment as a result of their life experiences. Even well-intentioned conduct can violate this policy if the conduct is directed at or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g. gifts, over attention, endearing nicknames).
The conduct of an individual other than a City Official, with respect to harassment of employees, applicants or persons providing services pursuant to a contract in the workplace, may violate this policy if the City or its agents or supervisors know or should have known of the conduct and fails to take immediate and appropriate corrective action.
A single act can violate this policy and provide grounds for appropriate sanctions including, but not limited to, censure. Therefore, if in doubt as to whether any particular conduct may violate this policy, do not engage in the conduct and seek guidance from the City Manager’s Office or the City’s Human Resources Department.
I. Complaint Procedure
An individual who believes he or she has been harassed or retaliated against by a City Official in violation of this policy should report the conduct immediately and according to the following procedure so that the complaints can be resolved quickly and fairly. The Council encourages prompt reporting of harassment or retaliation so that an investigation can be commenced and if necessary immediate and effective remedial action taken to stop such conduct.
1. Reporting to the Offending Individual: The Council strongly encourages any individual who feels that he or she has been harassed in violation of this policy to let the offending person know immediately and firmly that the conduct at issue is unwelcome, offensive, in poor taste, or inappropriate and must stop.
2. Reporting to the Mayor: if an individual who has been harassed by a City Official prefers not to confront the offending person, he or she need not do so. Instead, the Council strongly encourages that individual to immediately report the conduct verbally or in writing to the Mayor; in the event of a complaint against the Mayor, such conduct should be reported to the Mayor Pro Tempore. The City encourages the report to be made in writing. The individual should provide all details of the incident or incidents, names of individuals involved, and the names of any witnesses.
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3. Confidentiality: The Council recognizes that confidentiality is important to all parties involved in a harassment and retaliation investigation. Complete confidentiality cannot occur; however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent consistent with the Council’s legal obligations.
4. Duty to Maintain Confidentiality of Interview: An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except for discussing it with his or her representative.
J. Responses to Complaint
1. Interim Relief: upon receipt of a harassment or retaliation complaint, the Mayor (or if the complaint is against the Mayor then the Mayor Pro Tempore), with the assistance of the City Manager, may take immediate and appropriate remedial action to stop the conduct at issue or to diffuse any volatile circumstances associated with the conduct.
2. Investigation:
a. Complaint against a City Official or the Mayor: the Council shall designate the Mayor to be the investigator of a harassment or retaliation complaint against a City Official; in the event of a complaint against the Mayor, the Mayor Pro Tempore is the person so designated. i. Mayor’s Responsibilities: The Mayor at his or her discretion and with the assistance of the City Manager, may retain an
experienced private attorney, consultant, investigator, or other specialist, who is not an official employee of the City, to conduct the investigation.
ii. Commencing the Investigation The investigation shall be commenced as soon as practicable, and the specialist shall be responsible for completing a report on his or her investigation, to include findings.
iii. Investigation Procedure: The investigation will normally include interviews with the reporting individual, the accused and any other individuals who are believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the content of their interviews and admonish them that retaliation against those {CW015083.3} 32
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who report alleged harassment or who participate in the complaint procedure is prohibited. The investigation shall also include, but not be limited to, the retrieval and review of documents or evidence such as work schedules, letters,
computer records, telephone messages, personnel files, gifts, or cards.
b. Complaint against an appointee: Upon receipt of a complaint against an appointee, the Mayor shall refer the complaint to the City Manager for investigation. The City Manager shall have the discretion to use city staff or an outside investigator to conduct the investigation. Such investigation shall be conducted consistent with the guidelines set forth in Chapter 7, Section D (1) above.
3. Investigation of Unreported Potential Violations: The Council takes a proactive approach to the problem of harassment, and the Mayor (or the Mayor Pro Tempore) will initiate an investigation consistent with this policy if he or she becomes aware that harassment may be occurring, regardless of whether the recipient or a third party reports a potential violation.
K. Action
1. Council or Mayor: if the investigator’s report concludes that the harassment or retaliation in violation of the Council policy against harassment and retaliation has occurred, the Mayor (or Mayor Pro Tempore) shall present the report to the Council for further action, if any, consistent with its legal obligations. Such action for a City Official may include, but not be limited to, censure.
2. Appointee: Upon completion of his or her report, the City Manager shall forward it and a recommendation to the Mayor and the Council. Possible action for an appointee includes, but is not limited to, dismissal from his or her appointment.
L. Mutually Accepted Social Relationships
This policy is not construed, nor is it intended to prohibit mutually welcome, social relationships freely entered in between two (2) consenting adults.
M. Individual Responsibilities
1. A City Official is required to:
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a. Conduct himself or herself consistently with the anti-harassment and anti-retaliation policy as set forth herein; and
b. Report any act which he or she believes in good faith constitutes harassment, as defined herein, to the Mayor (or the Mayor Pro Tempore); and
c. Maintain the confidentiality of any investigation conducted by the Mayor or his or her specialist pursuant to this policy by not disclosing the substance of any investigatory interview, except for discussing it with his or her representative; and
d. Cooperate fully with such investigation into alleged violations of this policy by responding fully and truthfully to all questions posed during the investigation; and
e. Be familiar with this policy and modeling behavior that is consistent with it; and
f. Report any potential violations of this policy of which he or she becomes aware.
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Chapter 9: City Official—Interaction with Staff and
Officials
A. Overview
Council policy is implemented through professional staff. Therefore, it is critical that the relationship between the Council and staff be well understood by all parties so policies and programs may be implemented successfully. The City of Patterson has a long tradition of positive relationships between members of the Council and staff.
To maintain these effective relationships, it is important that roles are clearly recognized.
N. Council-Manager Form of Government
Patterson governs under a Council-City Manager form of government. This structure reflects that it is the Council’s role to establish City policy and priorities. The Council has appointed a City Manager to implement this policy and undertake the administration of the organization. The Council is to work through the City Manager in dealing with City staff. Indeed, the P.M.C. requires Councilmembers to work through the City Manager unless simply requesting information from other staff members.xix
The City Manager is appointed by the Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the Council. The City Manager is responsible to the Council rather than to individual Councilmembers and directs and coordinates the various departments.
O. Council-Manager Relationship
1. Employment relationship between the Council and City Manager: this relationship honors the fact that the City Manager is the chief executive officer of the City. The Council should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the Council. Regular communication between the Council and City Manager is important in maintaining open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Manager.
2. Evaluation: The Council is to evaluate the City Manager on a regular basis and pursuant to the terms of the City Manager’s contract with the City. {CW015083.3} 35
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3. Open Communication: As in any professional relationship, it is important that the City Manager keep the Council informed. The City Manager respects and is sensitive to the political responsibility of the Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the Council. The City Manager encourages regular one on one meetings with Councilmembers to provide information and on various issues before the Council.
4. Staff roles: The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole through the City Manager or from the appropriate management supervisors. Staff is directed to reject any attempts by individual members of the Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests made by individual City Officials for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full Council.
P. City Manager Code of Ethics
City Manager is subject to a professional code of ethics from his or her professional association. These standards appear in Appendix A of this manual. It should be noted that this code binds the City Manager to certain practices, which are designed to ensure actions are in support of the City’s best interests. Violations of such standards can result in censure by the professional association. This code is posted in the City Manager’s office.
Q. Council-City Attorney Relationship
1. City Attorney: The City Attorney is the legal advisor for the Council, City Manager, and department heads.
2. City Attorney Legal Responsibilities. The general legal responsibilities of the City Attorney are to:
a. Provide legal assistance necessary for formulation and implementation of legislative policies and projects;
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b. Represent the City’s interest, as determined by the Council, in litigation, administrative hearings, negotiations and similar proceedings; c. Prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and
d. To keep Council and staff apprised of court rulings and legislation affecting the legal interest of the City
3. City Attorney Representation: It is important to note that the City Attorney does not represent individual Councilmembers, but the Council as a whole.
R. City Manager-City Attorney Relationship
The City Attorney provides legal support and advice to the City Manager to assist him or her in implementing Council policies and exercising his or her authority as the chief executive officer of the City. The City Attorney also keeps the City Manager apprised of current relevant court rulings and legislation. It is important to note that the City Attorney represents the Council and the City as a whole, not the City Manager or Councilmembers as individuals. Therefore, the City Attorney may share confidential information obtained from the City Manager with the Council if necessary to protect the best interests of the City, and vice versa.
S. Access to Information and Communications Flow
1. Objectives: it is the responsibility of staff to ensure City Officials have access to information from the City and to ensure such information is communicated completely and with candor to those making the request. However, City Officials must avoid intrusion into those areas that are the responsibility of the staff. Individual City Officials may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the Council as a whole. This is necessary to protect staff from undue influence and pressure from individual City Officials, and to allow staff to execute priorities given by management and the Council without fear of reprisal.
2. Council Roles: The full Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the performance of City business.
Individual members of the Council should not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and {CW015083.3} 37
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department priorities without the prior knowledge and approval of the Council as a whole. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy.
Councilmembers also have a responsibility of information flow. It is critical that they make extensive use of staff and commission reports and commission minutes. Councilmembers should come to meetings prepared—having read the council agenda packet materials and supporting documents as well as any additional information or memoranda provided on city projects or evolving issues. Additional information may be requested from staff, if necessary.
3. Access to Information: Individual Councilmembers as well as the Council as a whole are permitted complete freedom of access to any information requested of staff and shall receive the full cooperation and candor of staff in being provided with any requested information. Appropriate personnel will pass critical information to all Councilmembers. Council will always be informed by the City Manager or appropriate staff when a critical or unusual event occurs about which the public would be concerned.
There are limited restrictions when information cannot be provided. Draft documents (e.g. staff reports in progress, administrative draft EIRs) are under review and not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the Council.
Certain aspects of police department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council. Confidential personnel information also has restrictions on its ability to be released. Any concerns of Councilmembers may have regarding the release of information, or the refusal of staff to release information should be discussed with the City Attorney for clarification.
T. Dissemination of Information
In cases where a staff response to an individual City Officials request involves written materials that may be of interest to other City Officials, the City Manager will provide copies of the material to all other City Officials. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
U. Staff Relationship with Advisory Bodies
Staff support and assistance may be provided to commissions and task forces, but advisory bodies do not have supervisory authority over City employees. While staff {CW015083.3} 38
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may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager and Council. The members of the commission or committee are responsible for the functions of the advisory body, and the Presiding Officer is responsible for committee compliance with the policies outlined in the P.M.C.
Staff support includes preparation of a summary agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to the Council do so through adopted or approved Council agenda procedures. In addition, when a commission wishes to correspond with an outside agency correspondence should be reviewed and approved by the Council. Individuals who would like a commission to review a particular issue must also gain approval for such a request from the full Council. Staff members are to assist the advisory body presiding officer to ensure appropriate compliance with state and local laws and regulations.
V. Restrictions on Political Involvement by Staff
Local governments are non-partisan entities. Professional staff, as reflected within the principles of Council-City Manager form of government, formulate recommendations in compliance with Council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fund-raisers, or other means.
1. Staff Members: By working for the City, staff members do not surrender their rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement. Different restrictions apply to management and general employees.
2. Management Staff: The City Manager strongly discourages any involvement in local campaigns even while on personal time. Such involvement erodes the tenet that staff are to provide an equal level of service to all members of the Council.
3. General Employees: These employees have no restrictions while off the job; however, no participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign.
Even while off the job, no employee may participate in campaigns or other political activities while in City uniform. For example, posing for a promotional {CW015083.3} 39
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photograph for a candidate for local office while in uniform is inappropriate.
The support of the Council in these matters is requested. A City Official asking staff to sign petitions or similar items can create an awkward situation. {CW015083.3} 40
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Chapter 10: Leaving Office
A. Filling Council Vacancies
Generally, if a vacancy occurs on the Council during a member’s term (e.g., resignation), the Council must either appoint an individual to serve the remaining term or call for a special election within sixty (60) days from the commencement of the vacancy.xx
1. Special Election: The special election must be held on the next regularly established election date not less than one hundred and fourteen (114) days from the call of the special election.xxi
2. Appointment: If the Council fills the vacancy by appointment, the person appointed shall hold office pursuant to one of the following:
a. If the vacancy occurs in the first half of a term of office and at least one hundred and thirty (130) days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualifiedxxii; or
b. If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.xxiii
W. Conflicts of Interest While Leaving Office
A public official may not use his or her official position to influence prospective employment. California Government Code section 87406.3 prohibits elected officials, who held a position with the agency, from lobbying the agency to take any action within one year of an official’s departure from office or employment. However, the individual may appear before the agency with which the official worked if the official is appearing on behalf of another public agency.
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PART II: COUNCIL PROCEDURAL GUIDELINES
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Chapter 11: Open Meetings—Brown Act
A. Policy
1. Introduction. The Council, all commissions, boards, and tasks forces that advise the Council shall comply with the provisions of the Ralph M. Brown Act, the Open and Public Meeting Law (the “Brown Act”).
2. Penalties and Applicability. The intent of the Brown Act is to ensure that deliberation and actions of local public agencies are conducted in open and public at meetings.
a. Penalties: the law provides for misdemeanor penalties for members of a body who violate the Brown Act.xxiv Violations are also subject to civil action.xxv
b. Applicability: The Brown Act applies to the Council, all commissions, boards, and task forces that advise the Council. Staff cannot promote actions which would violate the Brown Act.
X. Meetings
1. General. All meetings shall be open and public. A meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions do not fall under the Brown Act unless City business is discussed.
2. Serial Meetings. These can take place, and are prohibited by the Brown act, when any member of the Council or City staff contact more than two (2) Councilmembers for the purpose of deliberating or acting upon an item pending before the Council (does not apply to the public or media).
Correspondence that merely takes a position on an issue is acceptable.
Y. Procedure
1. The following procedure shall be followed:
a. Posting the Agenda: agendas for regular meetings must be posted seventy-two (72) hours in advance of the meeting and must include the following:
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i. Time and location of the meeting
ii. Description of the agenda items. The description should be reasonably calculated to adequately inform the public and should include the contemplated Council action.
iii. Public Comments Section. A section providing an opportunity for members of the public to address the Council. (The public comments portion of the agenda meets this requirement).
2. Affidavit of Posting. Immediately after posting the agenda, the City Clerk will prepare and sign an affidavit of posting, declaring the date and place where the agenda was posted. These affidavits will be filed in the City Clerk’s office for public reference.
Z. Actions
No action can be taken on any item not appearing on the posted agenda.
AA. Ex Parte Communication
All Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum; however, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official or other officials in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests.
Councilmembers who have ex parte communications with a party that appears before them at the meeting, should disclose that he or she had ex parte communication with the party. This can be done by stating that the Councilmember had ex parte communication with a party at a time in the meeting when the item is discussed.
Any written ex parte communication received by an official in the matter of when all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
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Chapter 12: Council Meetings
A. Council Meetings
1. Regular Meetings. Consistent with the P.M.C., regular meetings of the Council shall be held the first and third Tuesdays of each month, commencing at 7:00 p.m. in the Council Chambers, Patterson City Hall, 1 Plaza, Patterson, California 95363.xxvi
a. Other Locations. The Council may, from time to time, elect to meet at other locations within the City and upon such election shall give public notice of the change of location in accordance with provisions of the Government Code.
xxvii
b. Location during Local Emergency. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor, or if the Mayor does not so designate, by the Mayor Pro Tempore or City Manager.
xxviii
c. Holidays. When the day for any regular meeting falls on a legal holiday, the regularly scheduled meeting for that day shall automatically be held on the following day at the regular time and place unless canceled by the Council.
2. Special Meetings & Emergency Meetings. Special meetings and emergency meetings of the Council may be called and held from time to time consistent with and pursuant to the procedures set forth in the Government Code.xxix
3. Adjourned Meetings. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Government Code.xxx
4. Closed Session. The Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter authorized by State law to be heard in closed session. The general subject matter for consideration shall be expressed in open meeting before such session is held.
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5. Cancellation of Regular Meetings. Any meeting of the Council may be {CW015083.3} 45
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canceled in advance by a majority of the Council.
6. Quorum. A majority of the Council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time and compel attendance of absent members in the manner and under the penalties prescribed by ordinance.xxxii
xxxiii
If all Councilmembers are absent from any
regular meeting, the City Clerk shall declare the meeting adjourned to a stated day and hour. The City Clerk shall cause a written notice of the adjournment to be delivered personally to each Councilmember at least three (3) hours before the adjourned meeting.
7. Presiding Officer. The Mayor shall preside over all Council meetings. The Mayor shall have the authority to preserve order at all Council meetings, to call for the removal of any person or persons from any meeting of the Council for disorderly conduct, to interpret and enforce the procedural guidelines of the Council and to determine the order of business under the guidelines of the Council.
xxxiv
a. Absence of Mayor - The Mayor Pro Tempore shall act as Mayor in the absence or disability of the Mayor.
xxxv
b. Mayor & Mayor Pro Tempore Absence - When the Mayor and Mayor Pro Tempore are absent from any meeting of the Council, the Councilmembers present may choose another member to act as Mayor Pro Tempore, and that person shall, during that meeting, have the duties of the Mayor.xxxvi
8. Attendance by the Public. Except as specifically provided by law for closed sessions,xxxvii
xxxviii
all meetings of the Council shall be open to the public in accordance with the terms, provisions and exceptions consistent with State law.
9. Action Minutes. The City Clerk or his or her designee will maintain a written record and attest to the proceedings of the Council in the form of expanded action minutes. Expanded action minutes will include final motions with votes of the Council, reflect the names of public speakers and paraphrase Council and staff discussion and public comments.
xxxix
10. Recordings of Meetings. Video recordings of proceedings shall be made and shall be maintained by the City Clerk for a period of no less than one (1) year.
Audio recordings of proceedings shall be made and shall be maintained by the City Clerk for a period of no less than three (3) years.xl {CW015083.3} 46
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Chapter 13: Order of Business
A. General Order:
The Council establishes the general order of meetings. This section summarizes each meeting component.
At all regular and special meetings, public comments must be permitted before or during consideration of an agendized item. Public comment is appropriate on any matter within the jurisdiction of the Council.
2. CLOSED SESSION (if necessary)
a. The Council meets from time to time in closed sessions which are duly held meetings or a portion thereof, at which certain actions may be taken and are not open to the public and news media. These are:
i. Closed sessions held at such times pursuant to Government Code Section 54957.6 where the Council meets with its
designated representatives prior to and during consultation and discussions with representatives of employee
organizations.
ii. Security or emergencies.
iii. Personnel sessions.
iv. Closed sessions to consider potential or pending litigation in which the City or an officer or employee is or could be a party. b. Matters discussed in closed sessions are considered confidential.
i. Labor Relations: As a matter of policy, the Council
acknowledges that the City and its taxpayers are best served if positions authorized during such sessions are presented as those of the Council as a whole. Members of the Council agree that positions and agreements shall not be divulged.
ii. Personnel Sessions: Matters discussed and reviewed in personnel sessions shall remain confidential in order to protect employees’ rights to privacy.
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iii. Security – For obvious reasons: Arrangements made to address threats to the City or its property must be kept confidential. iv. Litigation: discussion of probable or pending litigation could waive attorney-client privilege to the detriment of the City’s position.
3. CALL TO ORDER
4. PLEDGE OF ALLEGIANCE
5. STATEMENTS OF CONFLICT
6. ITEMS FROM THE PUBLIC
Items From The Public: Individuals desiring to speak are to address the Council from the speaker podium after stating their name and address. However, the City cannot require that individuals provide this information in order to provide public comment.
Comments should focus on a specific matter within the Council’s jurisdiction with reasons for the position taken. Written comments are encouraged during the public comments section or during public hearings.
When materials are presented during public hearings, they should be submitted before the public hearing is closed on the item. Comments may be limited so that all have an opportunity to address the Council.
After public hearings are closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the presiding officer.
7. CONSENT CALENDAR
a. Those items on the Council agenda, which are considered to be of a routine and non-controversial nature by the City Manager, are placed on the “Consent Calendar”. These items shall be approved, adopted, accepted, etc., by one motion of the Council. For example, final reading and adoption of ordinances, various resolutions approving agreements, minor budgetary items, status reports, and routine City operations.
Councilmembers may request that any item listed under “Consent Calendar” be removed from the Consent Calendar, and Council will then {CW015083.3} 49
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take action separately on this item. A member of the public may request that an item listed under “Consent Calendar” be removed and Council action taken separately on the item; however, the Council must concur in such a request. Items, which are removed (“pulled”) by members of the Council for discussion, will typically be heard after all other Consent Calendar items are approved unless the majority of Council chooses an earlier or later time.
b. Minor questions: A Councilmember may ask questions on any item on the consent calendar. When a Councilmember has a minor question for clarification concerning a consent item, which will not involve extended discussion, the item may be pulled for clarification and the questions will be addressed along with the rest of the Consent Calendar.
Councilmembers are encouraged to seek clarifications prior to the meeting, if possible.
c. No vote: When a Councilmember wishes to pull an item simply to register a dissenting vote, Councilmember shall inform the Mayor that they wish to register a dissenting vote without discussion. These items will be handled along with the rest of the Consent Calendar, and the City Clerk will register a “no” vote in the minutes.
8. PRESENTATIONS
9. PUBLIC HEARINGS
10. CITY STAFF REPORTS
11. COUNCIL ITEMS
12. OTHER MATTERS
13. ADJOURNMENT
BB. Public Hearings:
1. Generally, public hearings, other than those of a quasi-judicial nature (quasi-judicial matters are those matters where the Council is interpreting and applying regulations, such as consideration on use permits or zoning issues), shall be conducted in the following order:
a. staff review
b. questions of staff by the Council
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c. hearing opened by Mayor
d. if desired, hearing closed by Mayor
e. questions by the Council
f. discussion by the Council
g. action by the Council
2. Questions and comments from the public shall be limited to the subject under consideration. Depending on the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony to five (5) minutes per individual.
Any person may speak for a longer period of time, by majority vote of the Council. This may be deemed necessary if a person is speaking as a representative of a group or has a slide presentation requiring more time.
3. Councilmembers should not speak to an issue until the public hearing has been closed. Councilmembers are encouraged to gather as much information as possible prior to a meeting. This sometimes involves meeting with a proponent or developer to become more educated on a project. If a Councilmember has met with a proponent or developer or opponent of subject hearing, he or she should consider acknowledging such meeting prior to opening of the hearing at the Council meeting, but it is not required.
Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of Councilmembers addressed through the Presiding Officer.
4. Regular Business Items: Regular items are shown on the agenda include:
public hearings, adoption of resolutions, ordinances, and other matters that require council action. Typically, public hearings are scheduled as near the beginning of the agenda as possible.
CC. Resolutions
1. Definitions: A resolution is generally adopted by the Council to deal with temporary or special matters, such as when the Council makes only a factual determination or certification that certain necessary conditions or requirements set by statute or ordinance have been met. Resolutions can also express opinions of the legislative body or set temporary standards (i.e. amount of permit processing fees that may be changed again by future resolutions). Resolutions are recorded and kept on file with the City Clerk.xli A resolution is less formal than an ordinance because it does not become part of the municipal code.
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be recorded by a separate document, numbered in sequence and preserved by the City Clerk. Such resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document to facilitate such future reference and research.
3. Motion (recorded by minute entry). The “motion” (assuming it was one which passed) is a council action, which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. Procedural actions (such as a motion to continue a hearing) are always done by motion, and, in addition, many administrative matters (such as directing the City Manager to furnish a report) are done by motion.
DD. Ordinances - Requirements of Ordinances
1. Definition: An ordinance is a law that the Council adopts and in most cases is codified into formal law by means of the published municipal code. An ordinance is the most binding and permanent type of Council action and usually may only be repealed or amended by a subsequent ordinance.
Ordinances must be publicly read aloud at two (2) Council meetings:
introduced at one (1) meeting and adopted at the subsequent meeting (most often at the next meeting). Ordinances may not be passed within five (5) days of introduction unless they are urgency ordinances. xliii
xlii A public hearing
notice must be published at least ten (10) days prior to the first reading of the ordinance.
2. Adoption: Except as hereafter provided, no ordinance shall be adopted by the Council on the day of its introduction, nor within one week thereafter, nor at any time other than at a duly assembled meeting. If an ordinance is altered after its introduction (except for the correction of typographical or clerical errors), it shall be adopted at a meeting held at least one week after the date of such alteration.
At the time of introduction or adoption of an ordinance the title need only be read, unless the reading of the ordinance in full is requested by any member of the City Council.
3. Emergency Ordinances: Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health or safety and containing a statement of the reasons for its urgency, may be introduced and adopted at the same meeting if passed by at least three affirmative votes.
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4. Effective Date of Ordinance: No ordinance shall become effective until thirty days from and after the date of its adoption, except as provided by law.
EE.Method of Action - Ordinances and Resolutions
1. Legislative action shall be taken by the Council only by means of an ordinance or resolution.
2. Voting: Any Councilmember present at a meeting when a question comes up for a vote should vote for or against the measure unless he or she is disqualified from voting and abstains because of such disqualification. All votes shall be roll call votes, except for minute actions. Minute actions may be taken by voice vote. The results reflecting all “ayes” and “noes” and “abstentions” must be clearly set forth for the record.
3. Adoption of Resolutions: Resolutions are prepared in advance and contain a brief title which indicates the subject and purpose. The procedure for adoption is a brief explanation by staff, motion, second, discussion and vote.
It shall not be necessary to read a resolution in full or by title except to identify it. Any Councilmember may require that the resolution be read in full.
4. Ordinances and resolutions are equally as legally effective and binding; they vary in the formality of respective memorialization. The more formal is referred to as “ordinance”.
5. Publishing. The rates of taxes to be levied or the amount of revenue required to be raised by taxation may be fixed either by ordinance or resolution. Where the tax rate or the amount of revenue required to be raised by taxation is fixed by resolution, such resolution shall be published in the same manner and within the same time as ordinances are required to be published.xliv Within fifteen (15) days after the ordinance passes, the City Clerk shall cause each ordinance to be published at least once, with the names of those Councilmembers voting for and against the ordinance, in a newspaper of general circulation circulated in the City of Patterson.xlv Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by the Government Code.xlvi Except as provided in Section 36937 of the Government Code, an ordinance shall not take effect or be valid unless it is published or posted pursuant to Government Code Section 36933 and not until thirty (30) days after the final passage of an ordinance. The {CW015083.3} 53
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publication and posting of ordinances may be satisfied by the actions prescribed in Government Code Sections 36933(c)(1) and 36933(c)(2). a. Exceptions to Publishing Requirement. An ordinance takes effect immediately if it is an ordinance:
i. relating to an election;
ii. for the immediate preservation of public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the Council;
iii. relating to street improvement proceedings;
iv. relating to taxes for the usual and current expense of the City; or v. covered by particular provisions of law prescribing the manner of its passage and adoption.xlvii
FF. Action on Agenda Items:
In accordance with the Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda seventy-two (72) hours prior to the Council meeting unless an exception is made by the Government Code.xlviii GG. Items Placed on Written Agenda
Items of business shall be placed on the written agenda prior to the deadline announced or observed for the preparation thereof, at the request of the City Manager or the City Attorney. The City Clerk’s deadline is 6:00p.m. on the Monday before one week prior to a Tuesday City Council meeting.
Any member of the City Council may place an item on a future agenda by making a formal request to the City Manager at a meeting of the City Council. The City Manager will place City Council items on a future City Council agenda when reasonable based on the staff time and research necessary to prepare the item for City Council consideration.
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Chapter 14: Guidelines of Conduct
A. General Procedures
It is the policy of the Council not to become involved in the protracted discussion over parliamentary procedure. Consistent with any City ordinance, statute or other legal requirement, any issue of procedure relating to conduct of a meeting or hearing not otherwise provided for herein may be determined by the Presiding Officer, subject to appeal to the full Council.
B. Presiding Officer
The Mayor is the presiding officer and acts as presiding officer at Council meetings.
In the absence or incapacity of the Mayor, the Mayor Pro Tempore serves as presiding officer.
C. Seating Arrangement of the Council
The Mayor, with the approval of individual Councilmembers, shall establish seating arrangements for Council meetings.
D. Authority of the Presiding Officer
Subject to appeal to the full Council, the presiding officer shall have the authority to prevent the misuses of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. In so ruling, the presiding officer shall be courteous and fair and should presume that the moving party is acting in good faith.
E. Discussion Rules
1. Obtaining the Floor: a member of the Council or staff shall first address the Mayor and gain recognition. Comments and questions should be limited to the issue before the Council. Cross-exchange between Councilmembers and the public should be avoided.
2. Questions to Staff: a Councilmember shall, after recognition by the Mayor, address questions to the designated staff member.
3. Interruptions: once recognized, a Councilmember should not be interrupted while speaking, except to make a point of order or personal privilege. If a Councilmember is called to order while speaking, the individual shall cease speaking until the question order is determined. Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor.
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4. Discussion Limit: a Councilmember should not speak more than once on a particular subject until every other Councilmember has had the opportunity to speak. Councilmembers are encouraged to discuss items during the decision-making process.
5. Tabling Procedures: immediately stops discussion and causes a vote to postpone matter indefinitely or to a specific time and date.
6. Right of Protest: a Councilmember is never required to state reasons for a dissenting vote.
F. Motions:
Motions may be made by any member of the Council, including the Mayor, providing that before a motion is offered by the Mayor, the opportunity for making a motion is offered to the other Councilmembers. Any member of the Council, other than the person offering the motion, may second the motion.
1. Procedure for Motions: before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor. Once the matter has been fully discussed and the vote is called for, no further discussion will be allowed; however, Councilmembers may be allowed to explain their vote.
2. Precedence of Motions: when a motion is on the floor, no other motion shall be entertained except the following, which shall have precedence in the following order:
a. Motion to Adjourn the Meeting (not debatable). A motion to adjourn shall be in order at any time, except as follows:
i. When repeated after defeat without any intervening
business or discussion.
ii. When made as an interruption of a Councilmember who is speaking.
iii. While a vote is being taken.
A motion to adjourn “to another time” shall be debatable only as to the time which the meeting is adjourned
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b. Motion to Fix Hour of Adjournment. Such motion shall be set to a definite time at which to adjourn and shall be undebatable and unamendable except to the time set. Notice of the adjournment and the date of the subsequent meeting shall be conspicuously posted on or near where the meeting was held within twenty-four (24) hours of the adjournment. xlix
If the subsequent meeting occurs within five (5) days of the original meeting, the Council may consider matters placed on the original meeting agenda without posting a new agenda. If the subsequent meeting occurs more than five (5) days from the original meeting, a new agenda must be prepared and posted. l
c. Motion to Table. A motion to table shall be used to temporarily bypass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under
consideration. The tabled item may be “taken from the table” at any time by a motion made prior to the end of the meeting. If the item is not taken from the table prior to the end of the meeting, it shall be placed on a future agenda as a new matter.
d. Motion to Amend. A motion to amend can be made after a motion is introduced and seconded. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A motion to amend shall be voted on first, followed by a vote on the original motion, as amended or as originally stated, depending on whether the motion to amend carries. e. Motion to Substitute. A motion to substitute can be made after a motion is introduced and seconded. A substitute motion on the same subject shall be acceptable and voted on before a vote on a motion to amend the main motion amendment.
f. Motion to Continue. Motions to continue to a definite time shall be amendable and debatable as to the propriety of postponement and time set. If desired, the Councilmember who initiates the motion to continue may also move to reopen the hearing to receive further testimony.
3. Motions Introducing Ordinances.
li
Ordinances shall not be passed within
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five (5) days of their introduction unless they are emergency ordinances, discussed in Chapter 13, section (D)(3) of this Handbook. Ordinances may only be passed at a regular meeting and must be read in full at the time of introduction and passage except when, after reading the title, further reading is waived. Motions introducing ordinances for adoption at a future meeting are deemed to include a waiver by the Council of the full reading of the text and title of the proposed ordinance unless the motion is otherwise specifically so provided. When ordinances, other than emergency ordinances, are altered after introduction, they shall be passed only at a regular meeting held at least five (5) days after alteration. Corrections of typographical or clerical errors are not considered alterations for purposes of this paragraph.
G. Voting Procedures:
No ordinance, resolution, or motion shall be passed or become effective without an affirmative vote. A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected Councilmember will step down from the dais, remove themselves from the room, and not participate in the discussion or vote on the item. General consensus may be declared at the discretion of the presiding officer if there are no negative votes or objections by Councilmembers.
Upon the request of a Councilmember, a roll call vote will be taken and recorded.
1. Abstention: An abstention does not count as a vote for or against a matter.
If a Councilmember abstains, he or she is counted as present for quorum purposes but is not deemed to be "voting" for purposes of determining whether there has been a "majority vote of those members present and voting." If a Councilmember abstains from voting on the grounds that he or she has or may have a conflict of interest, that abstention shall be made either at the beginning of the Council consideration of the matter or as soon as the Councilmember recognizes that he or she may have such a conflict or potential conflict. In addition, the Councilmember shall state for the record the precise nature of the interest, which he or she may have that creates the conflict or potential conflict and shall leave the Council Chamber during discussion of the item when required to do so by the Political Reform Act.
2. Tie Votes: A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
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3. Motion for Reconsideration: Motions for reconsideration of a matter may only be made at the same meeting at which the Council takes action on a matter. Such motion may only be made by a Councilmember who voted with the side that prevailed on the matter in question. With regard to a tie vote resulting in a lost motion, the prevailing side will be deemed to be those Councilmembers who voted in the negative. Any member of the Council may second a motion for reconsideration.
H. Non-Observance of Guidelines:
The guidelines are adopted to expedite and facilitate the transaction of the business of the Council in an orderly fashion and shall be deemed to be procedural only. Failure to strictly observe the guidelines shall not affect the jurisdiction of, or invalidate any action taken by the Council.lii
I. Non-Exclusive Guidelines:
These guidelines are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
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Chapter 15: Addressing the Council
A. Oral Presentations by Members of the Public
The rules governing oral presentations by members of the public at Council meetings are as follows:
1. Once the public comment period is open, an individual may step up to the podium and state his or her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented.
2. All remarks should be addressed to the Council as a whole, not to individual members thereof.
3. Questions, if any, should be directed to the Presiding Officer who will determine whether, or in what manner, an answer will be provided.
B. Public Comment
Public Comment is that period set aside at Council meetings for members of the public to address the Council on items of City business other than scheduled agenda items. The Public Comment portion of the Council meeting is the opportunity for members of the public to address the Council in compliance with the Government Code.
1. Timing. Public Comment is generally accommodated as specified on the Council agenda and is limited to thirty (30) minutes total for all speakers, with each speaker given no more than five (5) minutes. If there are more than ten (10) Public Comment speakers, each speaker's time may be reduced from three (3) minutes so that all speakers have an equal time to speak. By a majority vote of the Council, the public comment time may be extended as necessary.
2. City Matters. Presentations under Public Comment are limited to items within the subject matter jurisdiction of the City.
C. Agenda Item Oral Presentation
Any member of the public wishing to verbally address the Council on City business matters appearing on the Council agenda may do so when that item is taken up by the Council, or as otherwise specified by the Council or its presiding officer. {CW015083.3} 60
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1. Time Limit. Oral presentations are limited to five (5) minutes per speaker unless otherwise provided.
2. Limit on Addressing the Council. Individuals or individuals representing a group may make one (1) comment on each topic on the agenda about which the Council may be addressed. Individuals may be allowed to make additional comments on the same topic by a majority vote of the Council.
3. Presentations Submitted in Writing. Persons who anticipate oral presentations exceeding five (5) minutes are encouraged to submit comments in writing, in advance, care of the City Clerk, for prior distribution to the Council and other interested parties. Submission of comments in writing is encouraged in lieu of possible lengthy oral presentations which may not be permitted.
4. Written Comments of a Third Party. Persons wishing to read the written comments of another person shall be limited to one (1) minute. Should the written communication require more time to be heard, it shall be received and filed by the City Clerk. Additional time may be allowed by a majority vote of the Council.
D. Comments in Writing Encouraged
Members of the public may submit, and are encouraged to submit, comments in writing to the Council, care of the City Clerk, relating to any items of City business, whether on the Council agenda or otherwise. Such comments will be distributed to members of the Council and considered and acted upon, or not acted upon, as the Council, in its judgment, may deem appropriate.
1. Repetitious Comments Prohibited. Speakers shall not present the same or substantially the same items or arguments to the Council repeatedly or be repetitious in presenting their oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially the same matter may not be presented orally by the same person any further. Nothing in the foregoing precludes submission of comments to the Council in writing for such action or non-action as the Council, in its discretion, may deem appropriate.
E. Speaker Time Limits for An Agenda Item
In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, the presiding officer may request that a spokesperson be chosen by the group, and in case additional matters are to be presented by any other member of the group, {CW015083.3} 61
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that there be a limit on the number of such persons addressing the Council. A specific time limit may also be set for the total presentation. No group shall arrange themselves so as to use individual speakers' times in sequential order to circumvent the time limits.
F. Waiver of Guidelines
Any of the foregoing guidelines may be waived by majority vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved.
G. Decorum
Unruly conduct such as undue noise, hissing, profanity, inappropriate applause, insults or physical disturbance shall not be permitted. Any person making personal, impertinent, or derogatory remarks or who shall become boisterous while addressing the Council, shall be barred from further audience before the Council at said meeting by the presiding officer unless permission to continue is granted by a majority of the Council.
liii
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Chapter 16: Application of Rules to City
Commissions and Other City Sponsored Publicly
Held Meetings
A. Applicability of Rules
All rules regarding the Conduct of Councilmembers shall apply to individuals serving as Commissioners or in other appointed positions on City boards, unless otherwise provided in the City’s Municipal Code.
1. Planning Commission. The Planning Commission shall be governed by the rules set forth in the City’s Municipal Code, Section 2.40.040.
2. Parks, Recreation and Beautification Commission. The Parks and Recreation Commission shall be governed by the rules set forth in the City’s Municipal Code, Section 2.52.020.
3. Economic Strategic Commission. The Economic Strategic Commission shall be governed by the rules set forth in the City’s Municipal Code, Section
2.48.040.
4. Senior Commission. The Senior Commission shall be governed by the rules set forth in the City’s Municipal Code, Chapter 2.70.
B. City Board Rules
Members of the public shall abide by the rules governing addressing the Council when addressing a City created board such as the Planning Commission.
C. Public Hearing Rules
All Public Hearings held by City appointed boards shall be conducted by the rules contained herein.
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Appendix A
ICMA Code of Ethics
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ICMA Code of Ethics
The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
Tenet 1
Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective.
Tenet 2
Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant Tenet 3
Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public.
Tenet 4
Recognize that the chief function of local government at all times is to serve the best interests of all people.
Tenet 5
Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials.
Tenet 6
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Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members.
Tenet 7
Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.
Tenet 8
Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques.
Tenet 9
Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
Tenet 10
Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.
Tenet 11
Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline.
Tenet 12
Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest.
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Appendix B
Travel Reimbursement Form
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i City of Patterson Ordinance No. 708.
ii P.M.C. §2.36.030.
iii P.M.C. §2.36.040.
iv Ibid.
v
P.M.C. §2.40.030.
vi P.M.C. §2.50.
vii P.M.C. §2.48.030.
viii Government Code §54952.2.
ix Government Code §6252(g); City of San Jose v. Superior Court (2017) 398 P.3d 848. x Government Code § 36516. xi P.M.C. §2.12.020(A).
xii P.M.C. §2.12.020(B).
xiii P.M.C. §2.12.020(E).
xiv Government Code §82033. xv Id.
xvi Government Code §87105.
xvii Government Code §87105(a)(1)-(3).
xviii Government Code §53235(f).
xix P.M.C. § 2.16.040. xx Government Code §36512(b).
xxi Id.
xxii Government Code § 36512(b)(2)(A).
xxiii Government Code § 36512(b)(2)(B).
xxiv Government Code §54959. xxv Government Code §54960. xxvi P.M.C. §§ 2.08.010; 2.08.020; Government Code §§ 36805; 54954(a). xxvii Government Code § 54954(b).
xxviii Government Code § 54954(e).
xxix Government Code §§ 54956; 54956.5. Special meetings and emergency meetings, respectively. xxx Government Code §§ 36805; 36809; 54955; 54956. xxxi Government Code § 54954.5.
xxxii Government Code § 36810.
xxxiii Government Code § 36811.
xxxiv Government Code §§ 36802; 36813; 54957.9. xxxv Government Code § 36802. xxxvi Id.
xxxvii Government Code § 54954.5.
xxxviii Government Code § 54953.
xxxix Government Code § 36814.
xl Government Code § 54953.5. The statute only requires maintenance of the audio or visual recording for thirty (30) days where there are other records of the meeting that are retained according to Government Code § 6250 et seq.
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xli Government Code § 36936.
xlii Government Code § 36934.
xliii Government Code § 65090.
xliv Government Code § 36936.1.
xlv Government Code § 36933(c).
xlvi Government Code § 36933(a).
xlvii Government Code § 36937.
xlviii Government Code § 54954.
xlix Government Code § 54955.
l Government Code § 549554.2(b)(3).
li Government Code § 36934. The requirements for introducing an ordinance or urgency ordinance are provided in this section of the Government Code and establish the information that follows in this paragraph.
lii City of Pasadena v. Paine (1954) 126 Cal.App.2d 93. liii Government Code §§ 36813, 54957.9.