City of Patterson Page 1 Updated 12/12/2024 4:15 PM
Agenda
City of Patterson
City Council Regular Meeting
December 17, 2024
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
PUBLIC MEETING GUIDELINES
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.
MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
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Para acceder a la traducción escrita durante la reunión, escanee el código QR o haga clic en este enlace:
https://attend.wordly.ai/join/HSEU-6978
Choose Language and Click Attend / Elija el idioma y haga clic en Asistir Use a headset on your phone for audio or read the transcript on your device.
Use audífonos en su teléfono para audio o lea la transcripción en su dispositivo.
City of Patterson Page 2 Updated 12/12/2024 4:15 PM
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 - Dianna Anderson (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 Special Meeting/Closed Session - November 19, 2024 (6:00 PM)
6.3. Approve Minutes of Regular Meeting - November 19, 2024 (7:00 PM)
6.4. Approve Minutes of Special Meeting/Closed Session - December 3, 2024 (6:30 PM)
City of Patterson Page 3 Updated 12/12/2024 4:15 PM
6.5. Approve Minutes of Regular Meeting - December 3, 2024 (7:00 PM)
6.6. Approve City Department Reports for the Month of October & November 2024 (Public Works, Community Development and Fire).
6.7. Approve City Commission Reports for the Month of October & November 2024 (Parks Recreation & Beautification Commission).
6.8. Approve Second Reading and Adoption of Ordinance No. 875, Reading by Title only, Waiving Further Reading, 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.”
6.9. Approve Second Reading and Adoption 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.
6.10. Approve Second Reading and Adoption 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.
6.11. Approve Resolution No. 2024-72, Accepting as Complete, the Citywide Water Metering Project, Authorizing Staff to File the Notice of Completion and Release Retention.
6.12. Approve Resolution No. 2024-71, A Resolution of the City Council of the City of Patterson, Declaring the Results of the City of Patterson Municipal Election Consolidated with the Presidential General Election Held Tuesday, November 5, 2024.
7. Public Hearing
7.1. Finance - Approve Resolution No. 2024-73 Adopting updated User Fees and Authorize the new User Fees and also increases to previously approved User Fees based on CPI as set forth in the Comprehensive User Fee Study dated September 2019.
Staff Report: Finance Director Riedeman
Mayor: Open/Close Public Hearing
City of Patterson Page 4 Updated 12/12/2024 4:15 PM
Council: Motion to Approve Resolution No. 2024-73 Adopting updated User Fees and Authorize the new User Fees and also increases to previously approved User Fees based on CPI as set forth in the Comprehensive User Fee Study dated September 2019.
7.2. Engineering, Building, and Capital Projects – (Continued to January 21, 2024 Council Meeting) An Ordinance of the City Council of the City of Patterson, Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code. (“Ordinance”).
Mayor: Open/Close Public Hearing
8. City Staff Reports
8.1. 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 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.
9. Acknowledgement & Presentations to Outgoing Councilmember Alves and Councilmember Farinha
(Proclamations/Certificates presented at this time)
10. Installation of New Elected Officials - Administer/Sign Oath of Office (City Clerk) (Newly elected Officials take their seats at the Dias)
11. Mayor Clauzel Calls for a Short 15/20 Minute Break
(Reception for City Council - Outgoing & Newly Elected)
12. Mayor Clauzel Calls Meeting to Order
13. Other Matters
14. Adjournment
City of Patterson Page 5 Updated 12/12/2024 4:15 PM
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 Dec. 12, 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 12th day of December 2024
/s/ Aracely Alegre, CMC
City of Patterson Page 1 Updated 12/4/2024 10:33 AM
City Of Patterson
Special Meeting/Closed Session Minutes
November 19, 2024
Interim City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
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
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Absent
Jessica Romero District B Present
Dominic Farinha District C Present
Carlos Roque District D Present
The special (closed session) meeting of the City Counci of the City of Patterson was called to order in the City of Patterson, Council Chambers at 6:01 p.m. by Mayor Clauzel.
City Staff Present:
Interim City Manager Ulloa
City Attorney Goldstein
Human Resources Director Guillory-Jones
The City Council will adjourn to Closed Session to address the following:
a. Public Employment (Government Code section 54957) Title: Interim City Manager b. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2): One (1) case
2. Statements of Conflict
None.
6.2 Packet Pg. 6
Minutes Acceptance: Minutes of Nov 19, 2024 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 12/4/2024 10:33 AM
3. Items from the Public
None.
4. Adjourn to Closed Session
At 6:02 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.
5. Report from Closed Session (if any)
At 7:00 p.m. Mayor Clauzel announced that regarding Items No. 1a. and 1b. direction was provided to staff.
6. Adjournment
There being no further business, the special (Closed Session) meeting of the City Council of the City of Patterson of November 19, 2024 was adjourned at 7:00 p.m.
Approved by the Patterson City Council on (date pending).
6.2 Packet Pg. 7
Minutes Acceptance: Minutes of Nov 19, 2024 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 12/4/2024 4:43 PM
City Of Patterson
Regular Meeting Minutes
November 19, 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
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Absent
Jessica Romero District B Present
Dominic Farinha District C Present
Carlos Roque District D Present
The regular meeting of the City Council of the City of Patterson of November 19, 2024 was called to order in the City of Patterson at 7:01 p.m. by Mayor Clauzel.
City Staff Present:
Interim City Manager Ulloa
Assistant City Manager Willett
City Attorney Goldstein
IT Manager Ford
Management Analyst Renfrow
Water Resources Manager Encinas
Deputy Director of Regulatory Compliance & Administrative Services Delgado Recreation & Community Services Director Weaver
Deputy Director of Engineering Rodriguez
Projects Manager Ferreira
Police Chief Hill
Finance Director Riedeman
Fire Chief Frye
City Planner Andrews
Administrative Assistant Nguyen
Community Development Director Stice
6.3 Packet Pg. 8
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 12/4/2024 4:43 PM
2. Pledge of Allegiance
3. Statements of Conflict
None.
4. Proclamation
4.1. Proclamation - Veteran & Military Families Month - (Mayor Clauzel) Mayor Clauzel presented the proclamation to Patterson Veterans and families.
5. Items from the Public
Mark Covich, Western Hills Water District Board Member - Addressed concerns related to Diablo Grande MelloRoos water and sewer, the Developer Sewer Agreement with the City, and efforts by City officials to reach a resolution.
Mr. Gonzales, District A, Patterson Resident - Spoke about the Fire Department and Police Department budgets.
Justin Farkas, Field Representative for Assemblymember Alanis - Provided a legislative update.
Resident of Patterson - Expressed concerns regarding the water rate increase and water quality.
Kandace Weyhrauch, Patterson-Westley Chamber of Commerce - Thanked the City for the proclamation and provided updates on upcoming Patterson-Westley Chamber of Commerce events.
6. Consent Calendar
Councilmember Farinha motioned to approve Consent Calendar Items 6.1 through 6.10. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 4-0 roll call vote.
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Romero, Farinha, Roque
ABSENT: Alves
6.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
6.2. Approve Minutes of Regular Meeting - October 15, 2024 (7:00 PM)
6.3. Approve Minutes of Special Meeting/Closed Session - October 22, 2024 (5:00 PM)
6.4. City Attorney - Approve Second Reading and Adoption of Ordinance No. 877, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, to approve an Amended and Restated Development Agreement for the “Cali Kosher” cannabis dispensary located at 520 Park Center Drive.
6.3 Packet Pg. 9
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 12/4/2024 4:43 PM
6.5. Public Works Department - Approve Resolution No. 2024-60 A Resolution of the City Council of the City of Patterson, Authorizing the Third Amendment to the Northern Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement and Consent of SS-MOA Participants.
6.6. Engineering, Building, and Capital Projects - Accept all bids for the Well #8 Tank Recoating Project, award construction to Farr Construction dba Resource Development Company, authorize Staff to execute the Contract and authorize the Finance Department to make the necessary budget adjustment for an additional appropriation in the amount of $966,638.
6.7. Public Works Department - Approve Resolution No. 2024-61 A Resolution of the City Council of the City of Patterson, Authorizing the Amended and Restated Cost Sharing Agreement for Delta Mendota Subbasin Coordination.
6.8. Planning Department - Adopt Resolution No. 2024-66 approving the 2024 Patterson Downtown Master Plan (November 2024) and the Addendum to Final Environmental Impact Report (FEIR).
6.9. Recreation and Community Services - Approve street closure and city sponsorship for Patterson Christmas Festival Events on Saturday, December 7, 2024 and request for support and City funding.
6.10. Public Works Department - Approve Resolution No. 2024-67 and Authorize the City Manager to execute the Operation & Maintenance Agreement with ENGIE Services U.S. for the monitoring and maintenance of the City’s solar energy facilities.
7. Presentation
7.1. Public Works Department - Presentation to Honor Patterson’s Hometown Heroes for Year 2023-24.
Assistant City Manager Willett and Deputy Director of Regulatory Compliance & Administrative Services Delgado
reviewed their presentation.
7.2. Engineering, Building, and Capital Projects - Presentation reviewing the final conceptual design for the Centennial Park Project
Item 7.2 has been tabled to the December 3, 2024, Council meeting to allow revisions to the language, clarifying that the City Council will be motioning to approve the design.
At 7:43 p.m. Mayor Clauzel opened the item to public comment. There were no comments.
RESULT: TABLED
8. Presentation/Action Item
6.3 Packet Pg. 10
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 12/4/2024 4:43 PM
8.1. City Manager - Adopt the City's 2024 - 2028 Strategic Plan.
City Manager Ulloa and Projects Manager Frriera reviewed their presentation.
City Council discussed the following:
- Goal #1B is partially there but requires improvement
At 7:54 p.m. Mayor Clauzel opened the item to public comments. There were no Comments.
Councilmember Farinha motioned to Adopt the City's 2024 - 2028 Strategic Plan.
The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 4-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Romero, Farinha, Roque
ABSENT: Alves
9. Public Hearing
9.1. Public Works Department - Approve Resolution No. 2024-62 A Resolution of the City Council of the City of Patterson, Adopting the Delta Mendota 2024 (Single) Groundwater Sustainability Plan.
Assistant City Manager Willett and Leslie Dumas, Consultant with Woodard & Curran reviewed their presentation.
At 8:10 p.m. Mayor Clauzel opened the Public Hearing.
Mr. Gonzales, Patterson Resident - addressed funding for this project.
Marvin Cane, Patterson Resident - addressed length of project.
At 8:15 p.m. there being no further comments, Mayor Clauzel closed the item to public comments.
Councilmember Farinha motioned to Approve Resolution No. 2024-62 Adopt Delta Mendota 2024 (Single) Groundwater Sustainability Plan. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 4-0 roll call vote.
6.3 Packet Pg. 11
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 12/4/2024 4:43 PM
RESULT: APPROVED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Romero, Farinha, Roque
ABSENT: Alves
9.2. Public Works Department - Approve Resolution No. 2024-63 Declaring the Results of the Proposition 218 Protest Proceeding for the New Five-Year Solid Waste Rate Schedule, Beginning January 1, 2025.
Assistant City Manager Willett, Management Analyst Renfrow, and Bartle Wells Associates Consultants presented and reviewed their report.
City Council Discussion:
- Clarification regarding the annual rate increase.
At 8:25 p.m. Mayor Clauzel opened the Public Hearing.
Mr. Gonzales, Patterson Resident - Inquired about the method of notification for the proposed changes.
At 8:27 p.m. there being no other comments, Mayor Clauzel closed the public hearing.
City Clerk Alegre read the written protests into the record.
City Council Discussion Continued:
- Concerns regarding the rate increase.
- Consideration of a potential sales tax measure to mitigate impacts.
Action: Moved/ Seconded: Mayor Pro Tem Roque/Mayor Clauzel Yes: Mayor Pro Tem Roque, Mayor Clauzel
Noes: Councilmember Romero, Councilmember Farinha
Absent: Councilmember Alves
Motion failed 2-2-1. Item will come back at a later time.
6.3 Packet Pg. 12
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 12/4/2024 4:43 PM
RESULT: FAILED
MOVER: Roque
SECONDER: Clauzel
AYES: Clauzel, Roque
NAYS: Romero, Farinha
ABSENT: Alves
9.3. City Attorney - Approve First Reading and Introduction 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; and Adopt Resolution No. 2024-65 Updating the Parkland In-Lieu Fee Charged to Subdivisions, Consistent with the City’s Existing Parkland Standard.
City Attorney Goldstein reviewed her report.
At 8:35 p.m. Mayor Clauzel opened the Public Hearing. There were no comments.
City Attorney Goldstein provided the following clarification: The ordinance takes effect 30 days after adoption. The fees will take 30 days after the effective date of the resolution for a total of 60 days.
Council Discussion:
- Emphasis on establishing clear policies for building larger parks rather than pocket parks.
- Inquiry about the last update to the fees.
- Noted that the fees will take effect 60 days from today's date.
At 8:41 p.m. Mayor Clauzel opened the Public Hearing. There were no comments.
Councilmember Farinha motioned to Approve First Reading and Introduction 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; and Adopt Resolution No. 2024-65 Updating the Parkland In-Lieu Fee Charged to Subdivisions, Consistent with the City’s Existing Parkland Standard. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 4-0 roll call vote.
6.3 Packet Pg. 13
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 12/4/2024 4:43 PM
RESULT: APPROVED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Romero, Farinha, Roque
ABSENT: Alves
10. City Staff Reports
10.1. City Attorney - Adopt Resolution No. 2024-64 to Approve the Subdivision Improvement Agreement with Self-Help Enterprises and to accept the Final Map for Phase 3 of the Stonegate Shire Project.
City Attorney Goldstein reviewed her staff report.
At 8:43 p.m. Mayor Clauzel opened the item to public comments. There were no comments.
Council Discussion:
- Clarification requested on the total number of affordable housing units in this project and across its three phases.
- Inquiry about the park northeast of Logan Way, specifically when it will be ready for use.
Councilmember Farinha Adopt Resolution No. 2024-64. The motion was seconded by Councilmember Romero and unanimously approved by a 4-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Romero
AYES: Clauzel, Romero, Farinha, Roque
ABSENT: Alves
11. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
Nothing to report.
. Westside Health Care Task Force (Councilmember Alves alternate)
6.3 Packet Pg. 14
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 8 Updated 12/4/2024 4:43 PM
C. Councilmember Farinha
Nothing to report.
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
Next meeting will be on December 5, 2024 in Newman.
. StanCOG (Mayor Pro Tem Roque alternate)
Mayor Clauzel provided an update on 24/25 state repair for transit maintenance and Measure L funds. . League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
12. Other Matters
Mayor Clauzel - Directed the City Manager to explore funding opportunities for repairing the deteriorating roads on Baldwin and Sperry Avenue. Noted that Public Works is currently patching roadways. Also addressed fee increases.
Mayor Pro Tem Roque - Highlighted the importance of making the Housing Element Workshop available in Spanish.
13. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of November 19, 2024 was adjourned at 8:58 p.m.
Approved by the Patterson City Council on (date pending).
6.3 Packet Pg. 15
Minutes Acceptance: Minutes of Nov 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 12/5/2024 8:45 AM
City Of Patterson
Special Meeting/Closed Session Minutes
December 3, 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
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Present
Dominic Farinha District C Present
Carlos Roque District D Absent
The special (Closed Session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers 1 Plaza, at 6:30 p.m. by Mayor Clauzel.
City Staff Present:
City Manager Ulloa
City Attorney Goldstein
Human Resources Director Guillory-Jones
The City Council will adjourn to Closed Session to address the following:
a. Conference with Real Property Negotiator per Government Code Section 54956.8.
Agency Negotiation: Fernando Ulloa City Manager and Mike Willett, Assistant City Manager, City of Patterson
Negotiating Parties: Traina Pacific Water Co. LLC (Property Owner). Property: 048-001-032 (100 W. Las Palmas Ave. Patterson).
Under Negotiation: Price & Terms of Payment.
b. Public Employment (Gov. Code, § 54957) Title: City Manager
6.4 Packet Pg. 16
Minutes Acceptance: Minutes of Dec 3, 2024 6:30 PM (Consent Calendar) City of Patterson Page 2 Updated 12/5/2024 8:45 AM
2. Statements of Conflict
None.
3. Items from the Public
None.
4. Adjourn to Closed Session
At 6:32 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.
5. Report from Closed Session (if any)
At 7:05 p.m. Mayor Clauzel announced that regarding Items No. 1a. and 1b. City Council provided direction to staff.
6. Adjournment
There being no further business, the special (Closed Session) meeting of the City Council of the City of Patterson of December 3, 2024 was adjourned at 7:05 p.m.
Approved by the Patterson City Council on (pending approval).
6.4 Packet Pg. 17
Minutes Acceptance: Minutes of Dec 3, 2024 6:30 PM (Consent Calendar) City of Patterson Page 1 Updated 12/5/2024 11:54 AM
City Of Patterson
Regular Meeting Minutes
December 3, 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
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Present
Dominic Farinha District C Present
Carlos Roque District D Absent
The regular meeting of the City Council of the City of Patterson of December 3, 2024 was called to order in the City of Patterson at 7:17 p.m. by Mayor Clauzel.
City Staff Present:
City Manager Ulloa
Assistant City Manager Willett
City Attorney Goldstein
Director of Human Resources Guillory-Jones
IT Support Technician Valenzuela
City Planner Andrews
Police Chief Hill
Deputy Director of Engineering Rodriguez
Water Resources Manager Encinas
Community Development Director Stice
Finance Director Riedeman (remote)
Recreation & Community Services Director Weaver (remote) City Clerk Alegre
2. Pledge of Allegiance
6.5 Packet Pg. 18
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 12/5/2024 11:54 AM
3. Statements of Conflict
None.
4. Items from the Public
Kandace Weyhrauch, Patterson-Westley Chamber of Commerce - Provided an update on upcoming events.
Dr. Ruby Lockhart, Patterson Resident - Addressed homeless community outreach and inquired about the status of HOST House.
Mr. Gonzales, Patterson Resident - Raised concerns regarding public records requests related to the Police Department and the Fire Department budget.
Lindsey Neal, Patterson Resident - Expressed the need for a dedicated Patterson Police Department.
Adolfo Virgen, Parks, Recreation & Beautification Commissioner- Voiced gratitude for agenda item 6.5.
5. Certificate of Appreciation - Legacy Health ( Mayor Clauzel) Item No. 5 has been postponed until January 2025.
6. Consent Calendar
Councilmember Farinha motioned to approve Consent Calendar Items 6.1 through 6.8. The motion was seconded by Councilmember Alves and unanimously approved by a 4-0 roll call vote.
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Alves
AYES: Clauzel, Alves, Romero, Farinha
ABSENT: Roque
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. Human Resources - 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. Human Resources - Approve the Part-Time Salary Schedule Effective January 1, 2025.
6.5. Public Works Department - 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. Public Works Department - 2024 Flood Insurance Coverage Assessment (FIA) for City of Patterson
6.5 Packet Pg. 19
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 12/5/2024 11:54 AM
6.7. City Clerk - 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.
6.8. Public Works Department - 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.
City Manager Ulloa reviewed his report.
Presentation by Greg Melton, MDG Design
At 7:42 p.m. Mayor Clauzel opened the item to public comments. There were no comments.
City Council Discussion
The City Council addressed the following concerns and considerations:
- Location of the recreation center in relation to the multi-use court. - Recreation center size and its ability to accommodate future growth. - Placement of the waterfall in Area D, noting it should not be at the center. - Addition of signs throughout the park.
- Outdoor maximum capacity of the recreation center: 300. - Parking accessibility.
- Proposal to switch the locations of the tennis and pickleball courts.
Councilmember Alves motioned to Adopt the final conceptual design layout for the Centennial Park Project. The motion was seconded by Councilmember Romero and unanimously approved by a 4-0 roll call vote.
RESULT: APPROVED
MOVER: Alves
SECONDER: Romero
AYES: Clauzel, Alves, Romero, Farinha
ABSENT: Roque
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.”
6.5 Packet Pg. 20
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 12/5/2024 11:54 AM
Community Development Stice and City Planner Andrews reviewed their report.
At 8:03 p.m. Mayor Clauzel opened the public hearing. There were no comments.
Councilmember Farinha motioned 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". The motion was seconded by Councilmember Romero and unanimously approved by a 4-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Romero
AYES: Clauzel, Alves, Romero, Farinha
ABSENT: Roque
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.
City Attorney Goldstein reviewed her staff report.
At 8:12 p.m. Mayor Clauzel opened the public hearing.
Kandace Weyhrauch, Patterson Resident - Spoke in support of item.
Mr. Gonzales, Patterson Resident - Expressed concerns regarding garbage flow.
Yolanda Magana, Patterson Resident - Reported progress with HOST and provided an update; expressed support for the item.
At 8:22 p.m. there being no further comments, Mayor Clauzel closed the public hearing.
City Council discussed the following:
- Establishing a warming station for freezing weather.
Councilmember Farinha motioned 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
6.5 Packet Pg. 21
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 12/5/2024 11:54 AM
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.
The motion was seconded by Councilmember Romero and unanimously approved by a 4-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Romero
AYES: Clauzel, Alves, Romero, Farinha
ABSENT: Roque
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.
City Attorney Goldstein reviewed her staff report.
City Council Discussion:
- Current boundary is 25 feet.
- Inquiry regarding whether other cities have similar regulations. - Consideration of increasing the boundary to 50 feet or more.
At 8:32 p.m. Mayor Clauzel opened the public hearing.
Martha Flemming, Patterson Resident - Spoke in opposition to the item.
Council Comments:
- Emphasized the importance of caring for the community and providing necessary resources.
Councilmember Farinha motioned 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. The motion was seconded by Councilmember Romero. Motion passed by a 3-1-1 vote.
6.5 Packet Pg. 22
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 12/5/2024 11:54 AM
RESULT: APPROVED
MOVER: Farinha
SECONDER: Romero
AYES: Clauzel, Romero, Farinha
ABSTAIN: Alves
ABSENT: Roque
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.
Human Resources Director Guillory-Jones reviewed her report, highlighting a proposed modification from a 3-year term to a 4-year term, with a 5% adjustment.
At 8:43 p.m. Mayor Clauzel opened the item to public comment.
Kandace Weyhrauch, Patterson Resident - Asked which position is causing the 5% increase, noted there is no budget impact, and raised questions about the Assistant City Manager position, including the differences in roles between the City Manager and Assistant City Manager.
At 8:47 p.m. there being no further comments, Mayor Clauzel closed the item to public comment.
Council Discussion:
- Expressed appreciation for the City Manager's rapid response. - Raised concerns about the scope of the position.
- Stated there is no need for an Assistant City Manager.
Councilmember Farinha motioned to Approve Resolution No. 2024-68, as amended to reflect 4-year term. The motion was seconded by Councilmember Romero and unanimously approved by a 4-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Romero
AYES: Clauzel, Alves, Romero, Farinha
ABSENT: Roque
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.
6.5 Packet Pg. 23
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 12/5/2024 11:54 AM
City Attorney Goldstein reviewed her staff report, highlighting a proposed modification to pages 4 and 5, specifically in the "Appointments to Advisory Boards" section. The modification will read that appointments will be recommended by the Mayor with the consent of the Council.
Council Discussion:
- Consideration for a rotating interview process for
Boards/Commissions/Committees.
- Emphasis on formalizing the process for placing items on the agenda.
Councilmember Alves motioned to table the item to the December 17, 2024 City Council meeting to allow for modifications to the interview process and the process for placing items on the agenda. The motion was seconded by Councilmember Farinha and unanimously approved with a 4-0 roll call vote.
At 9:05 p.m. Mayor Clauzel opened the item to public comments. There were no comments relating to the item.
RESULT: TABLED
MOVER: Alves
SECONDER: Farinha
AYES: Clauzel, Alves, Romero, Farinha
ABSENT: Roque
10. City Council Reports
A. Councilmember Alves
Nothing to report.
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
Nothing to report.
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
Provided a League of California Cities report.
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
6.5 Packet Pg. 24
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City of Patterson Page 8 Updated 12/5/2024 11:54 AM
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
Next Stanislaus County Mayor's meeting will be tomorrow, December 4, 2024 in Newman. . StanCOG (Mayor Pro Tem Roque alternate)
Mayor Clauzel provided a report and provided an update on projects. . League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
11. Other Matters
Councilmember Romero - Discussed Castro MMA is currently offering classes for low-income families.
12. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of December 3, 224 was adjourned at 9:11 p.m.
Approved by the Patterson City Council on (pending approval).
6.5 Packet Pg. 25
Minutes Acceptance: Minutes of Dec 3, 2024 7:00 PM (Consent Calendar) City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Aracely Alegre, City Clerk
MEETING DATE: December 17, 2024
ITEM NO: 6.6
SUBJECT: Approve City Department Reports for the Month of October & November 2024 (Public Works, Community Development and Fire).
RECOMMENDATION
Motion to Approve City Department Reports for the Month of October & November 2024 (Public Works, Community Development and Fire).
6.6 Packet Pg. 26
1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”
MONTHLY STAFF REPORT
October 2024
Administration & Environmental Compliance Division
The city has received SRF Loan funding for a city water meter system replacement project.
The project was awarded, and the Contractor (Flowline Inc.) has been replacing the meters.
Over 95% of the residential meters have been replaced and the Contractor works on meters that are in the commercial areas. This project is scheduled for completion by December 2024. (Last update: September 2024).
Staff have been working with Finance to complete the Cost Allocation Plan (CAP) Update. CAP summarizes a comprehensive analysis that has been completed for the city to determine the appropriate allocation of costs from central service departments to the operating departments. The primary objective is to allocate costs from departments that provide services internally to operating departments that conduct the day-to-day operations necessary to serve the community. This item is scheduled for Council review in the near future. (Updated: October 2024).
The Garbage Rate Study is moving forward and is currently going through Prop 218 Public noticing period as required. The Public Hearing to adopt new rates is scheduled for November 19, 2024. If adopted, the new five-year rate increases would be implemented January 1, 2025. (Update: July 2024).
Staff will begin working with Finance to begin the Mid-Year Budget FY 24/25. This item will be brought to City Council in the near future for approval. (Update: November 2024). Staff is currently working on a Land Lease RFP to lease city land for agriculture purposes. The RFP is anticipated to go out in early November. The item will be brought to the City Council for award of a lease agreement on December 3, 2024.
Grants and Special Projects
South Park Per Capita Grant: The contract has been awarded (Last Update: May 2024). The work is scheduled to begin once all materials have been received. Still waiting on contractor to mobilize.
These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continue to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State in December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design have been received and a consultant agreement is currently in progress. The kickoff meeting was held, and the project is currently in progress. The city will be submitting their implementation plan
6.6.a
Packet Pg. 27
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 2 and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which include preliminary projects design/bid plans.
The city will be exploring Prop 1 grant opportunities for this project. (No change). o Ward Avenue Sewer Lift Station Rehabilitation Project. Bids were received, all were significantly over budget. The council has rejected all bids. (Last update: June 2023). o Slurry Seal Project. The scope of the work is being determined and preliminary design is underway. This project will be ready to go out to bid in the summer so that work can be completed in the Fall. (Last update: March 2024). o Solid Waste Division received an award notification for FY 2024-25 Beverage Container Recycling City/County Payment Program in the amount of $6,529. Awards for this program are tentatively scheduled for Spring 2024. Funds received to date, from FY 2005-06 to date, $109,273.
o Informal bids for the Citywide Crack Seal Project are due November 1, 2024. The roads include Park Center Drive, American Eagle Avenue, and West Las Palmas Avenue. The engineer’s estimate for the project is $85,000.
Solid Waste Program
The Community Yard Sale Event took place October 12, 2024, with 75 residents participating. 4
th Quarter Residential Contamination Minimalization inspections were completed by City Staff. All five residential garbage routes were physically inspected and a total of 64 customers were notified of contamination in their toters (An increase from 3rd quarter totaling 60).
F.O.G (Fats, Oils, & Grease) Program
The city continues to conduct FOG inspections on a regular basis to ensure compliance.
Businesses that generate fats, oils, and grease are required to have grease interceptors/traps and perform on-going maintenance. The program continues to grow with additional businesses opening up. (Last Update: December 2023).
Storm Water Pollution Prevention Program
A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. The city must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in 2024. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs. The new permit has not yet been released. (Last Update: October 2023). The City awarded the design contract to Stantec Engineering for the design of the City’s trash capturing system. The System will consist of trash capturing devices and improvements at the Olive Avenue regional basin and Salado Creek. The kickoff meeting was held in September and the staff is collaborating with the consultant to identify options for this project. Once the project Cost Estimate is developed, the city will be submitting a stormwater grant application to the State Water Resources Control Board to seek funding assistance for this project. (Last updated: January 2024).
6.6.a
Packet Pg. 28
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 3 Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.
6.6.a
Packet Pg. 29
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 4 October 2024 Water Production
Well Production
2 0
4- NP 1,097,000
5 38,778,00
6 0
7 2,600
8 18,000,000
9 22,495,00
11 47,869,000
Keystone-NP 5,000
Floragold-NP 18,805,800
TOTAL 166,017,4000
1. Number of Follow-ups: 1
2. Number of Warning/Violations: 0
3. Number of Penalties: 0
4. Water Service Connection Requests: 85
5. Water Service Connection Turnoffs: 67
6. Water Work Orders: 0- zero usage, 0-high usage, 19-new meter, 0-leak at meter and 0- meter change.
Committees & Commission
Parks & Recreation and Beautification Commission:
A regular meeting was held on September 18, 2018, and the agenda and minutes are on the Council’s agenda for review. The next meeting is scheduled for October 16, 2024. (Last Update:
September 2024).
Safety (JEMSAC) Committee: The committee holds regular meetings to go over Safety topics and policies. The next meeting is scheduled for October. (Last update: September 2024). Traffic Safety Committee: The committee meets regularly or as needed to address any traffic complaints/concerns received. The last meeting was held on October 9, 2024. (Last Update:
September 2024).
Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
Encroachment Permit = 9
Fire Hydrant Use Permits = 3
6.6.a
Packet Pg. 30
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 5 (Last update: NOV 2024).
Streets/Collections Division
Work Orders: Streets/Sidewalks = 35 Alleys/Garbage = 3 Collections =2 Seasonal Tasks:
Storm drains maintenance.
Repaired potholes throughout the city.
Performed sewer maintenance.
Performed sidewalk repairs.
(Last update: Nov 2024).
Electrical Division
Work Orders: Streetlights = 26
Seasonal Tasks this Month:
Repaired streetlights throughout the city.
Reviewed Electrical/SCADA plans for Engineering.
Continued upgrades at the WQCF.
Worked on Internet issues at WQCF.
(Last Update: Nov 2024).
Urban Forestry Division
Work Orders: Urban Forestry: 89
Seasonal Tasks this Month:
Performed tree maintenance.
Addressed requests for service.
(Last update: Nov 2024).
Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first served basis.
Work Orders: Building Maintenance: 15 Parks: 21
Seasonal Tasks & Projects:
Continued maintenance of all parks and easements.
Focused on maintenance pruning in LMDs.
Performed routine maintenance at City Hall.
Planted 12 trees at Felipe Garza Park to celebrate Arbor Day on April 24,2024 (Last update: Nov 2024).
6.6.a
Packet Pg. 31
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 6 Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
53 Public Works, Recreation and Community Service vehicles and 4 Fire vehicles. (Last update:
Nov 2024).
Water Quality Control Facility (WQCF)
MONTHLY FLOWS AND AVERAGES – OCTOBER 2024
APRIL 2024 INFLUENT SPOD* NPOD* AIPS
TOTAL FLOW,
MG/ month
54.054 33.824 20.229 .000
AVG FLOW, MGD 1.774 1.091 .653 .000
HIGH FLOW, MGD 1.835 1.305 .841 .000
LOW FLOW, MGD 1.655 .975 .671 .000
Total Capacity,
MGD
2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new) * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:
Alarms = 181
Callouts = 2
Seasonal Tasks:
1. Prepare AIPS for flow.
2. Process control under adjustment for current weather conditions.
3. Continuing Annual PM work.
LABORATORY RESULTS
September 2024
Avg.
BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 260 250 * 7.30 * * * * * *
Effluent. 1.8 2.2 1100 7.61 1850 .55 .98 1.5 230 330
* Not required
(Last update: Nov 2024)
6.6.a
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”
MONTHLY STAFF REPORT
November 2024
Administration & Environmental Compliance Division
The city has received SRF Loan funding for a city water meter system replacement project.
The project was awarded, and the Contractor (Flowline Inc.) has been replacing the meters.
Over 95% of the residential meters have been replaced and the Contractor works on meters that are in the commercial areas. This project is scheduled for completion by December 2024. (Last update: September 2024).
Staff will begin working with Finance to begin the Mid-Year Budget FY 24/25. This item will be brought to City Council in the near future for approval. (Last Update: November 2024). Staff completed a Land Lease RFP to lease city land for agriculture purposes. The RFP process was completed in November, but no proposals were received. The item will be brought to the City Council for directions in January 2025 (Last Update: November 2024). The City Council did not approve the Garbage Rate increases at the Public Hearing held on November 19, 2024. City Staff are working on next steps to bring alternatives to the City Council for consideration. (Last Update: November 2024).
Grants and Special Projects
South Park Per Capita Grant: The contract has been awarded and construction is in progress.
The project is scheduled to be completed by Spring/Summer 2025. (Last Update: November 2024).
These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continue to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State in December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design have been received and a consultant agreement is currently in progress. The kickoff meeting was held, and the project is currently in progress. The city will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which include preliminary projects design/bid plans.
The city will be exploring Prop 1 grant opportunities for this project. (No change). o Ward Avenue Sewer Lift Station Rehabilitation Project. Bids were received, all were significantly over budget. The council has rejected all bids. (Last update: June 2023). o Informal bids for the Citywide Crack Seal Project are due December 5, 2024. The roads include Park Center Drive, American Eagle Avenue, and West Las Palmas Avenue. The engineer’s estimate for the project is $75,000. (Last Update: November 2024).
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Packet Pg. 33
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 2 Solid Waste Program
City Staff are working with Stanislaus County on dates for the 2025 Community Recycling Day Events, in March and September of 2025. (Last Update: November 2024). The City of Pattersons Solid Waste Program compliance with California SB 1383 is currently under review by CalRecycle. Staff have shared its data, through the City Mobile MMS system, so that the State can review its thirteen separate program mandates. (Last Update:
November 2024).
F.O.G (Fats, Oils, & Grease) Program
The city continues to conduct FOG inspections on a regular basis to ensure compliance.
Businesses that generate fats, oils, and grease are required to have grease interceptors/traps and perform on-going maintenance. The program continues to grow with additional businesses opening up. (Last Update: December 2023).
Storm Water Pollution Prevention Program
A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. The city must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in 2024. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs. The new permit has not yet been released. (Last Update: October 2023). The City awarded the design contract to Stantec Engineering for the design of the City’s trash capturing system. The System will consist of trash capturing devices and improvements at the Olive Avenue regional basin and Salado Creek. The kickoff meeting was held in September and the staff is collaborating with the consultant to identify options for this project. Once the project Cost Estimate is developed, the city will be submitting a stormwater grant application to the State Water Resources Control Board to seek funding assistance for this project. (Last updated: January 2024).
Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.
November 2024 Water Production
Well Production
6.6.a
Packet Pg. 34
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 3 2 0
4- NP 72,000
5 18,018,000
6 0
7 5,000
8 6,540,000
9 26,866,000
11 34,615,000
Keystone-NP 0
Floragold-NP 10.174,500
TOTAL 96,290,500
1. Number of Follow-ups: 6
2. Number of Warning/Violations: 0
3. Number of Penalties: 0
4. Water Service Connection Requests: 0
5. Water Service Connection Turnoffs: 0
6. Water Work Orders: 0- zero usage, 0-high usage, 5-new meter, 0-leak at meter and 4- meter change.
Committees & Commission
Parks & Recreation and Beautification Commission:
A regular meeting was held on September 18, 2018, and the agenda and minutes are on the Council’s agenda for review. The next meeting is scheduled for October 16, 2024. (Last Update:
September 2024).
Safety (JEMSAC) Committee: The committee holds regular meetings to go over Safety topics and policies. The next meeting is scheduled for October. (Last update: September 2024). Traffic Safety Committee: The committee meets regularly or as needed to address any traffic complaints/concerns received. The last meeting was held on October 9, 2024. (Last Update:
September 2024).
Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
Encroachment Permit = 5
Fire Hydrant Use Permits = 2
(Last update: NOV 2024).
6.6.a
Packet Pg. 35
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 4 Streets/Collections Division
Work Orders: Streets/Sidewalks = 50 Alleys/Garbage = 4 Collections =3 Seasonal Tasks:
Storm drains maintenance.
Repaired potholes throughout the city.
Performed sewer maintenance.
Performed sidewalk repairs.
(Last update: Dec 2024).
Electrical Division
Work Orders: Streetlights = 22
Seasonal Tasks this Month:
Repaired streetlights throughout the city.
Reviewed Electrical/SCADA plans for Engineering.
Continued upgrades at the WQCF.
Worked on Internet issues at WQCF.
(Last Update: Dec 2024).
Urban Forestry Division
Work Orders: Urban Forestry: 61
Seasonal Tasks this Month:
Performed tree maintenance.
Addressed requests for service.
(Last update: Dec 2024).
Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first served basis.
Work Orders: Building Maintenance: 12 Parks: 11
Seasonal Tasks & Projects:
Continued maintenance of all parks and easements.
Focused on maintenance pruning in LMDs.
Performed routine maintenance at City Hall.
Planted 12 trees at Felipe Garza Park to celebrate Arbor Day on April 24,2024 (Last update: Dec 2024).
6.6.a
Packet Pg. 36
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 5 Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
47 Public Works, Recreation and Community Service vehicles and 4 Fire vehicles. (Last update:
Dec 2024).
Water Quality Control Facility (WQCF)
MONTHLY FLOWS AND AVERAGES – Nov 2024
APRIL 2024 INFLUENT SPOD* NPOD* AIPS
TOTAL FLOW,
MG/ month
54.054 33.824 20.229 .000
AVG FLOW, MGD 1.733 1.027 .692 .015
HIGH FLOW, MGD 1.885 1.224 .755 .222
LOW FLOW, MGD 1.640 .892 .438 .000
Total Capacity,
MGD
2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new) * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:
Alarms = 200
Callouts = 4
Seasonal Tasks:
1. Prepare AIPS for flow.
2. Process control under adjustment for current weather conditions.
3. Continuing Annual PM work.
LABORATORY RESULTS
October 2024
Avg.
BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 100 180 * 7.35 * * * * * *
Effluent. ND 2.8 1100 8.21 1720 .53 .99 1.5 210 310
* Not required
(Last update: Dec 2024)
6.6.a
Packet Pg. 37
Attachment: Monthly Report October & November 2024 (Monthly Department Reports) Community Development Department
Monthly Report
October 2024
The following information is provided as an update regarding the Planning and Housing Division activities during the month of October 2024, as well as updates for previously approved projects.
Planning Commission Meetings
No Planning Commission meetings were held during the month of October. The next regularly scheduled meeting will be held on November 21, 2024 at 7:00 PM.
Master Plan Update
The Downtown Master Plan was presented and approved by the City Council at the October 15th meeting.
Downtown Plaza Circle String Lighting Project
Technical consultants provided city staff with a draft plan and budgetary estimates. City staff is working with various vendors to find appropriate poles for the project.
Status update for major projects approved during 2024
Architectural & Site Plan Reviews
- Apricot World Properties LLC retail building – A&SP #24-02 – Sperry Ave. & Haggerty Drive – Approved
- Garcia Mobile Food Court – A&SP #24-03, Conditional Use Permit #24-0 – Hwy 33 and W. Las Palmas Ave. – Approved
General Plan Amendments
- Delta Marketplace – GPA/Rezone #24-01, Planned Development #22-03, Tentative Parcel Map #22-03 – Sperry Ave. & Haggerty Drive – Approved - 107 N. 4th St. – GPA/Rezone #24-02 - Approved
6.6.a
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) A&SP Architectural & Site Plan Review TPM Tentative Parcel Maps CUP Conditional Use Permit TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments RZN General Plan Amendment/Rezone VAR Variance
Status update for projects approved in previous years
• Sperry Avenue Self Storage – A&SP #22-08, 425 Sperry Avenue – Building permit application submittal pending.
• Oak Harbor Freight – A&SP #22-09, CUP #23-02, S. Rogers Rd. – Under construction • AT&T Wireless Tower – CUP #23-01, Community Center – Building permit application submitted
• Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Construction underway • Southern Tire Mart, A&SP #21-09, CUP #21-10, 2275 Sperry Ave. – Building permit application pending approval
• Sun Valley Industries #2, A&SP #22-02, S. Rogers Road – Approved • Apricot Vet Clinic, A&SP #22-03, CUP #22-04, S. Rogers Road – Building permit issued • VOP Townhouses, A&SP #22-05, N. 1st St. & English Birch Ave. – Building permit application submittal pending
• Poppy Mini-Storage – CUP #22-07, A&SP #22-06 – Site improvements under construction • VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, A&SP approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, Under construction
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Building permit application pending approval
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Building permit issued • Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Operational
• Safavieh Distribution Center (McShane Companies) A&SP 07-04 (Phase 3) – Site work underway
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – nearing completion
• Camden Shire – nearing completion
• Sycamore Ranch I – site work underway
• Sycamore Ranch II – TM approved, pending Final Map submittal • Triplexes – construction underway
Baldwin Ranch North – Backbone infrastructure nearing completion, construction underway Housing Projects and Programs
• CDBG: Washburn street/sidewalk project plans in review. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) Community Development Department
Monthly Report
November 2024
The following information is provided as an update regarding the Planning and Housing Division activities during the month of November 2024, as well as updates for previously approved projects.
Planning Commission Meetings
No Planning Commission meetings were held during the month of November. The next regularly scheduled meeting will be held on December 19, 2024 at 7:00 PM.
Master Plan Update
The Downtown Master Plan was presented and approved by the City Council at the October 15th meeting.
Downtown Plaza Circle String Lighting Project
Technical consultants provided city staff with a draft plan and budgetary estimates. City staff is working with various vendors to find appropriate poles for the project.
Status update for major projects approved during 2024
Architectural & Site Plan Reviews
- Apricot World Properties LLC retail building – A&SP #24-02 – Sperry Ave. & Haggerty Drive – Approved
- Garcia Mobile Food Court – A&SP #24-03, Conditional Use Permit #24-0 – Hwy 33 and W. Las Palmas Ave. – Approved
General Plan Amendments
- Delta Marketplace – GPA/Rezone #24-01, Planned Development #22-03, Tentative Parcel Map #22-03 – Sperry Ave. & Haggerty Drive – Approved - 107 N. 4th St. – GPA/Rezone #24-02 - Approved
6.6.a
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) A&SP Architectural & Site Plan Review TPM Tentative Parcel Maps CUP Conditional Use Permit TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments RZN General Plan Amendment/Rezone VAR Variance
Status update for projects approved in previous years
• Sperry Avenue Self Storage – A&SP #22-08, 425 Sperry Avenue – Building permit application submittal pending.
• Oak Harbor Freight – A&SP #22-09, CUP #23-02, S. Rogers Rd. – Under construction • AT&T Wireless Tower – CUP #23-01, Community Center – Building permit application submitted
• Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Construction underway • Southern Tire Mart, A&SP #21-09, CUP #21-10, 2275 Sperry Ave. – Building permit application pending approval
• Sun Valley Industries #2, A&SP #22-02, S. Rogers Road – Approved • Apricot Vet Clinic, A&SP #22-03, CUP #22-04, S. Rogers Road – Building permit issued • VOP Townhouses, A&SP #22-05, N. 1st St. & English Birch Ave. – Building permit application submittal pending
• Poppy Mini-Storage – CUP #22-07, A&SP #22-06 – Site improvements under construction • VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, A&SP approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, under construction
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Building permit application pending approval
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Building permit issued • Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Operational
• Safavieh Distribution Center (McShane Companies) A&SP 07-04 (Phase 3) – Site work underway
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – nearing completion
• Camden Shire – nearing completion
• Sycamore Ranch I – site work underway
• Sycamore Ranch II – TM approved, pending Final Map submittal • Triplexes – construction underway
Baldwin Ranch North – Backbone infrastructure nearing completion, construction underway Housing Projects and Programs
• CDBG: Washburn street/sidewalk project plans in review. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.
6.6.a
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) The following events, incidents, and other items were conducted at the Fire Department and/or by Fire Department personnel from Oct 1- Oct. 31, 2024
• Training Hours Completed: 126.5
• Fire Prevention: 57 Inspections by the Fire Marshal
• Community Events:
• 10/4 – Fire Prevention Presentation (Northmead Elementary, 230 students) • 10/5 – Community Health & Resource Fair (North Park)
• 10/8 – Fire Prevention Presentation (Sacred Heart School, 70 students) • 10/10 – Fire Prevention Presentation (Las Palmas Elementary, 290 students) • 10/17 – Fire Prevention Presentation (Apricot Valley Elementary, 311 students) • 10/20 – Patterson Volunteer Pancake Breakfast
• 10/21 – Friends of the Library Book Sale (helped set-up) • 10/22 – Station 52 Engine/Station Tour for Mom Walk Collective • 10/23 – Fire Prevention Presentation (Walnut Grove Elementary, 450 students) • 10/24 - Friends of the Library Book Sale (helped take down) • 10/25 – MJC Student Interview at Station 51
Reaction Times:
Station 51
Shift A 1:19
Shift B 1:22
Shift C 1:30
Average Station Reaction Time 1:23
Station 52
Shift A 1:10
Shift B 1:36
Shift C 1:29
Average Station Reaction Time 1:25
Department Average Reaction Time:
(HH:MM:SS)
0:56
City of Patterson
Fire Department
344 West Las Palmas Avenue
Patterson, California 95363
Main: (209) 895-8130
Fax: (209) 895-8139
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) Response Times:
Report Date Range:
October 1 - October
31, 2024
Incident Type
Total
Incidents
0-5
Min
Call
%
5-7
min
Call
%
7-10
min
Call
%
10+
min
Call
%
1 Fire 1 1 100%
111B Building Fire
Commercial 1 1 100%
113 Cooking Fire,
Confined to
Container 1 1 100%
122 Fire in Motor
Home, Camper,
Recreactional
Vehicle 1 1 100%
132 Raod Freight or
Transport Vehicle
Fire 1 1 100%
140 Natural
Vegetation Fire,
Other 1 1 100%
143 Grass Fire 3 1 33% 2 67%
151 Outside
Rubbish, Trash, or
waste Fire 4 4 100%
152 Garbage Dump
or Sanitary Landfill
Fire 1 1 100%
154 Dumpster or
Other Outside Trash
Receptacle Fire 1 1 100%
160H Homeless
Encampment Fire,
Other 1 1 100%
3. Rescue &
Emergency Medical 4 4 100%
311. Medical Assist,
EMS 20 9 45% 7 35% 4 20%
321. EMS call 77 51 66% 19 25% 6 8% 1 1%
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 3210. EMS
canceled upon
arrival
3 1 33%
2 67%
321H EMS call-
Homeless
Population
1 1 100%
322 Vehicle
accident with injuries
43 75%1 25%
324. Motor Vehicle
accident no injuries
2 2 100%
44 Electrical
wiring/equipment
problem
1 1 100%
412. gass leak
(natural gas or LPG)
41 25%1 25%
2 50%
424 Carbon
monoxide incident
11 100%
500 Service Call,
Other
1 1 100%
510. Person in
distress, other
52 40%
3 60%
550. Public Service
Distress, Other
11 100%
551 Assist Police or
Other Government
Agency
22 100%
611. Dispatched &
canceled en-route2
2 100%
611E. EMS:
Dispatched &
canceled
44 100%
650 Steam, Other
gas mistaken for
Smoke, Other
11 100%
651. Smoke scare,
odor of smoke
21 50%1 50%
7. False Alarm &
false Call
1 1 100%
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 714 Central Station,
Malicious False
Alarm 2 2 100%
715 Local Alarm
System, Malicious
false 1 1 100%
733 smoke detector
activation 3 2 67% 1 33%
743 Smoke
Detector Activation,
no fire -
Unintentional 3 3 100%
900 Special Type of
Incident, Other 2 1 50% 1 50%
Totals 163 103 63% 37 23% 20 12% 3 2%
Station Response Summary
Station 51
Fire
100
Rupture/
Explosion
200
EMS/
Rescue
300
Hazardous
Condition
400
Service
Call
500
Good
Intent
600
False
Call
700
Severe
Weather
800
Other
900
Shift
Totals
Shift A
Shift B
Shift C 2 0 28 3 2 0 0 0 1 36
Total 3 0 23 3 6 2 3 0 0 40
6 0 34 0 1 5 2 0 0 48
Station 52 11 0 85 6 9 7 5 0 1 124
Shift A
Shift B
Shift C 0 0 4 0 0 1 0 0 0 5
Total 1 0 5 0 0 1 3 0 0 10
1 0 16 0 0 0 2 0 1 20
Department
Totals 2 0 25 0 0 2 5 0 1 35
0 2 159
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) The following events, incidents, and other items were conducted at the Fire Department and/or by Fire Department personnel from November 1- November 30, 2024 • Training Hours Completed: 135.25
• Fire Prevention: 58 Inspections by the Fire Marshal
• Community Events:
o 11/1 – Ribbon Cutting Ceremony (Fix My Pretty Hair 10-year anniversary) o 11/1 – Ride Along
o 11/2 – Ride Along
o 11/12 – MJC student visit to Station 51
o 11/15 – Electric Vehicle training & lunch at Thompson Chevrolet o 11/25 – Station 51 tour for 11 y/o birthday
o 11/27 – Station 51 tour for 6 y/o birthday
Reaction Times:
Station 51
Shift A 1:27
Shift B 1:32
Shift C 1:19
Average Station Reaction Time 1:26
Station 52
Shift A 1:11
Shift B 1:29
Shift C 1:08
Average Station Reaction Time 1:16
City of Patterson
Fire Department
344 West Las Palmas Avenue
Patterson, California 95363
Main: (209) 895-8130
Fax: (209) 895-8139
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) Response Times:
Incident Type Total 0-5 Min %
5-7
min %
7-10
min %
10+
min %
111 Building Fire 2 1 50% 1 50%
111A Building Fire
Residential 1 1 100%
111B Building Fire
Commercial 1 1 100%
116. Fuel burner/boiler
malfunction, fire control 1 1 100%
131 Passenger vehicle fire 2 1 50% 1 50%
143 Grass Fire 1 1 100%
151 Outside Rubbish, Trash,
or waste Fire 2 2 100%
154 Dumpster or Other
Outside Trash Receptacle
Fire 1 1 100%
3. Rescue & Emergency
Medical 2 1 50% 1 50%
311. Medical Assist, EMS 13 8 62% 3 23% 2 15%
32 Emergency Medical
service (EMS) 1 1 100%
321. EMS call 61 28 46% 27 44% 5 8% 1 2%
3210. EMS canceled upon
arrival 3 2 67% 1 33%
321H EMS call-Homeless
Population 2 2 100%
322 Vehicle accident with
injuries 4 3 75% 1 25%
323 Motor
vehicle/pedestrian accident 2 2 100%
324. Motor Vehicle accident
no injuries 1 1 100%
352 Extrication or Victim(s)
from vehicle 1 1 100%
412. gass leak (natural gas
or LPG) 5 3 60% 1 20% 1 20%
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 5 Service call
11 100%
510. Person in distress,
other
11 100%
511 Lock-out
1 1 100%
531. Smoke or odor removal
1 1 100%
540 Animal problem, other
1 1 100%
542 Animal rescue1
1 100%
550. Public Service Distress,
Other
11 100%
553 Police service
3 1 33%2 67%
561 Unauthorized burning
32 67%1 33%
611. Dispatched & canceled
en-route 11 11 100%
611E. EMS: Dispatched &
canceled
2 2 100%
611F Commercial Fire
Alarm- canceled enroute
2 2 100%
622 No incident found on
arrival at dispatched address
2 1 50%1 50%
651. Smoke scare, odor of
smoke
32 67%
1 33%
652 Steam, vapor, fog, or
dust thought to be smoke
21 50%
1 50%
700. False Alarm & false
Call
1 1 100%
710 Malicious, mischievous
false call, other
1 1 100%
711 Municipal alarm
system, malicious false
alarm
1 1 100%
713 Telephone, malicioius
false alarm
1 1 100%
714 Central Station,
Malicious False Alarm
4 4 100%
715 Local Alarm System,
Malicious false
1 1 100%
730 System malfunction,
other
1 1 100%
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) 733 Smoke detector
activation 6 3 50% 1 17% 1 17% 1 17%
735 Alarm system sounded
due to malfunction 1 1 100%
736 CO detector activation
due to malfunction 1 1 100%
743 Smoke Detector
Activation, no fire -
Unintentional 3 1 33% 2 67%
745 Alarm system sounded,
no fire-unintentional 2 1 50% 1 50%
900 Special Type of
Incident, Other 1 1 100%
Totals 165 90 55% 54 33% 17 10% 4 2%
Station Response Summary
Fire
100
Rupture/
Explosion
200
EMS/
Rescue
300
Hazardous
Condition
400
Service
Call
500
Good
Intent
600
False
Call
700
Severe
Weather
800
Other
900
Shift
Totals
Station 51
Shift A 4 0 19 1 3 3 3 0 0 33
Shift B 3 0 20 1 3 6 4 0 1 38
Shift C 1 0 18 2 5 4 8 0 0 38
Total 8 0 57 4 11 13 15 0 1 109
Station 52
Shift A 0 0 10 0 1 4 2 0 0 17
Shift B 1 0 13 0 0 1 5 0 0 20
Shift C 0 0 6 1 1 2 1 0 0 11
Total 1 0 29 1 2 7 8 0 0 48
Department Totals
9 0 86 5 13 20 23 0 1 157
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Attachment: Monthly Report October & November 2024 (Monthly Department Reports) City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Aracely Alegre, City Clerk
MEETING DATE: December 17, 2024
ITEM NO: 6.7
SUBJECT: Approve City Commission Reports for the Month of October & November 2024 (Parks Recreation & Beautification Commission).
RECOMMENDATION
Motion to Approve City Commission Reports for the Month of October & November 2024 (Parks Recreation & Beautification Commission).
6.7 Packet Pg. 52
CITY OF PATTERSON
PARKS, RECREATION AND BEAUTIFICATION COMMISSION
REGULAR MEETING
October 16, 2024
5:00 PM
IN-PERSON MEETING
City Hall Council Chambers
1 Plaza Circle,
1 st Floor
Patterson, CA 95363
NOTICE
THE REGULAR MEETING OF THE
PARKS, RECREATION AND BEAUTIFICATION COMMISSION
SCHEDULED FOR WEDNESDAY, OCTOBER 16, 2024
HAS BEEN CANCELLED
* * *
The Next Regular Meeting of
the Parks, Recreation and Beautification Commission
is scheduled for Wednesday, November 20, 2024
at 05:00 p.m.
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Attachment: Parks Rec Beau Monthly Report - October & November 2024 (City Commission Reports) November 2024
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of November and updates for previously approved projects.
Parks, Recreation & Beautification Commission meetings are held on the 3rd Wednesday of every month at 5:00 pm in the City Hall Council Chambers. 5-Member Commission
Chair Adolfo Virgen Term: May 2024-2026
Vice-Chair Kandace Weyhrauch Term: May 2023-2025
Commissioner Joanne Marci Term: May 2024-2026
Commissioner Martha Blanco Term: May 2023-2025
Commissioner Oscar Roman Term: May 2023-2025
Parks & Recreation & Beautification Commission Meeting:
The regular meeting scheduled for November 20, 2024, was held in person at 5:00 p.m.
The agenda items are listed below.
1. Community improvement with full court basketball
2. Suitable grants for the Historical Museum
3. General Fund for repair at the Historical Museum
4. Community Garden location and longevity support
Agendas & Minutes can be located on the city website under the agenda center.
The next regular meeting will be scheduled for December 18, 2025.The meeting will be held in person in the City Council Chambers.
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Attachment: Parks Rec Beau Monthly Report - October & November 2024 (City Commission Reports) City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Bryan Stice, Community Development Director
MEETING DATE: December 17, 2024
ITEM NO: 6.8
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 875, Reading by Title only, Waiving Further Reading, 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.”
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 875, Reading by Title only, Waiving Further Reading, 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.”
BACKGROUND
Motion to Approve Second Reading of Ordinance No. 875, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 875, Reading by title only, waiving further reading.
ANALYSIS
On December 3, 2024 the City Council approved the First reading and Introduction of Ordinance No. 875, Reading by Title only, Waiving Further Reading, 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
6.8 Packet Pg. 55
Municipal Code, “Development Standards for Industrial Districts.” Staff is now requesting for the City Council to approved the second reading and adoption of Ordinance No. 875.
6.8 Packet Pg. 56
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: Ordinance No. 875 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: Ordinance No. 875 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: Ordinance No. 875 2024 Maximum height ordinance (Ordinance No. 875 Development Standards for Industrial Districts) City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Nubia Goldstein, City Attorney
MEETING DATE: December 17, 2024
ITEM NO: 6.9
SUBJECT: Approve Second Reading and Adoption 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 Second Reading and Adoption 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
Motion to Approve Second Reading of Ordinance No. 879, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 879, Reading by title only, waiving further reading.
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ANALYSIS
On December 3, 2024 the City Council approved the 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 is now requesting for the City Council to approved the second reading and adoption of Ordinance No. 879, with no changes as presented and hereto attached.
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{CW141990.2}
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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.
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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}
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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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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:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Nubia Goldstein, City Attorney
MEETING DATE: December 17, 2024
ITEM NO: 6.10
SUBJECT: Approve Second Reading and Adoption 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 Second Reading and Adoption 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
Motion to Approve Second Reading of Ordinance No. 880, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 880, Reading by title only, waiving further reading.
ANALYSIS
On December 3, 2024 the City Council approved the First reading and Introduction of Ordinance No. 880 in regards to, Adding Chapter 9.54, Protection of Critical Infrastructure, To Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code. 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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{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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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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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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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:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Fernando Ulloa, City Engineer
MEETING DATE: December 17, 2024
ITEM NO: 6.11
SUBJECT: Approve Resolution No. 2024-72, Accepting as Complete, the Citywide Water Metering Project, Authorizing Staff to File the Notice of Completion and Release Retention.
RECOMMENDATION
Motion to Approve Resolution No. 2024-72, Accepting as Complete, the Citywide Water Metering Project, Authorizing Staff to File the Notice of Completion and Release Retention.
BACKGROUND
To comply with the provisions of the State’s Urban Water Management Plan Act, Climate Change and related provisions of the California Water Code, the City pursued DWSRF construction funding for its Citywide Water Metering Project (Project). The Project aimed to install modern water meters across the city’s residential, commercial, and industrial sectors and upgrade its water metering technology. The goal was to improve water usage efficiency, ensure fair billing, enhance water conservation efforts and provide the city with real-time data to better manage water resources.
ANALYSIS
Materials and supplies were purchased by the city to save on markup costs. A contract for labor was awarded to Flowline Contractors, Inc. (Contractor) on September 20, 2022. The project began shortly after. Completion details for the project include:
· Meter replacements: 3,789
· Meter retrofits: 2,322
· Meter box replacements: 399
6.11 Packet Pg. 85
The City received a request from the Contractor to be placed on the City Council agenda for acceptance of the Citywide Water Metering Project. Unlike other capital projects where an inspection is conducted at the end of the project, the Citywide Water Metering Project required inspections after every installation and/or retrofit. These inspections were conducted by members of the Engineering and Public Works department. It has been determined this project is ready for City Council acceptance.
Construction Contract Plus Contingency $1,689,316.00 + $168,931.60 = $1,858,247.60 Actual Construction Costs Plus Change $1,689,316.00 + $84,189.00 = $1,773,505.00 Remaining balance $ 84,742.60
FISCAL IMPACT
There is no fiscal impact associated with this item.
6.11 Packet Pg. 86
RESOLUTION NO. 2024- 72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,
ACCEPTING THE CITYWIDE WATER METERING PROJECT AS COMPLETE,
AUTHORIZING STAFF TO FILE THE NOTICE OF COMPLETION
WHEREAS, the Contractor, “Flowline Contractors, Inc.,” has completed all work for the Citywide Water Metering Project, bounded by Rogers Road to the west, Sycamore Avenue to the east, Zacharias Avenue to the north and Poppy Avenue to the south, in accordance with the contract requirements and plans and specifications; and WHEREAS, the City has inspected the work and recommends that the project be accepted as complete.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that it hereby accepts the project as complete, directs the City Clerk of the City of Patterson to file the Notice of Completion on behalf of the City of Patterson and release the Final Retention Payment for the project.
The foregoing resolution was passed by the City Council at a regular meeting held on December 17, 2024, by ____________, who moved the its adoption, which 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
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Attachment: Resolution No. 2024- 72- Citywide Water Metering Project NOC (Approve Resolution No. 2024-72, Accepting as Complete, the 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 17 th 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- 72- Citywide Water Metering Project NOC (Approve Resolution No. 2024-72, Accepting as Complete, the Recording Requested By:
CITY OF PATTERSON
When Recorded Mail To:
City Clerk’s Office
City of Patterson
P.O. Box 667
Patterson, CA 95363
SPACE ABOVE THIS LINE FOR RECORDER’S USE
CITY OF PATTERSON
NOTICE OF COMPLETION
(Resolution Attached)
Notice is hereby given that:
1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is the City of Patterson.
3. The full address of the owner is 1 Plaza, Patterson, CA 95363.
4. The nature of the title of the owner is In Fee.
5. A work of improvement on the property hereinafter described was completed on December 17, 2024.
6. The name of the contractor, for such work of improvement was Flowline Contractors, Inc.
7. The nature of the work of improvement was Citywide Water Metering Project.
8. The property on which said work of improvement was completed is in the city of Patterson, County of Stanislaus, State of California, and is described as follows: remove and install water meters, retrofit meter reading technology and remove and replace water meter boxes.
9. The property for the Citywide Water Metering Project is bounded by Rogers Road to the west, Sycamore Avenue to the east, Zacharias Avenue to the north and Poppy Avenue to the south.
I, Fernando Ulloa, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.
Signing on behalf of City of Patterson
Dated: ____________ By
Fernando Ulloa, City Engineer
VERIFICATION:
I, Fernando Ulloa , the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent to the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Executed on _____________________, at Patterson, California. (date)
Signing on behalf of City of Patterson
Fernando Ulloa, City Engineer, City of Patterson
6.11.b
Packet Pg. 89
Attachment: NOTICE OF COMPLETION - Citywide Water Metering Project 2041203 (Approve Resolution No. 2024-72, Accepting as Complete, City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Aracely Alegre, City Clerk
MEETING DATE: December 17, 2024
ITEM NO: 6.12
SUBJECT: Approve Resolution No. 2024-71, A Resolution of the City Council of the City of Patterson, Declaring the Results of the City of Patterson Municipal Election Consolidated with the Presidential General Election Held Tuesday, November 5, 2024.
RECOMMENDATION
Motion to Approve Resolution No. 2024-71, A Resolution of the City Council of the City of Patterson, Declaring the Results of the City of Patterson Municipal Election Consolidated with the Presidential General Election Held Tuesday, November 5, 2024.
BACKGROUND
On November 5, 2024, the City of Patterson consolidated its municipal election with the Presidential General Election conducted on November 5, 2024, by Stanislaus County Registrar of Voters. The City of Patterson held its municipal election for the positions of Mayor at Large, two-year term (December 2024 - December 2026), Councilmember District A and Councilmember District C, both four-year terms (December 2024 - December 2028).
The City Clerk/Election's Official of the City of Patterson is now hereby requesting for City Council of the City of Patterson to approve Resolution No. 2024-71, accepting the certification of the County Clerk/Registrar of Voters of Stanislaus, certified by the City Clerk/Election's Official of the City of Patterson, and declare the results of said election and to install the newlyelected officers of which the City Council finds have the highest number of votes received.
Pursuant to Election Code (E.C.) 10263(b), for a Consolidated Election, the governing body shall meet at is usual place of meeting no later than the next regularly scheduled city council meeting following the presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers.
6.12 Packet Pg. 90
Complete Statement of Vote is available here: https://www.stanvote.com/pdf/past-results/11-05- 2024-sov.pdf
FISCAL IMPACT
There is no fiscal impact, the election cost was budgeted.
ATTACHMENT
1. Resolution No. 2024-71
2. Stanislaus County Certified Statement of Vote – Statewide General Election, November 5, 2024
6.12 Packet Pg. 91
1 RESOLUTION NO. 2024-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,
DECLARING THE RESULTS OF CITY OF PATTERSON
CITY COUNCIL MUNICIPAL ELECTION CONSOLIDATED
WITH THE STATEWIDE PRESIDENTIAL ELECTION HELD NOVEMBER 5, 2024 WHEREAS, a Statewide Presidential Election was held on November 5, 2024; and WHEREAS, the City of Patterson consolidated its municipal election with the Statewide Presidential Election conducted on November 5, 2024 as required by law; and WHEREAS, it appears that the voting precincts were properly established, the Election Officers were appointed and election supplies furnished, and, in all respects said election was held and conducted, and the votes cast received and canvassed, and return thereof made and declared in time, form and manner, as required by the laws of the State of California governing elections in general law cities; and
WHEREAS, pursuant to authority granted by this Council, the County Clerk/Registrar of Voters of the County of Stanislaus did duly canvass the return of said election and forwarded to this City Council of the City of Patterson a statement of the results thereof and are as hereinafter set forth, attached; and
WHEREAS, the City Council of the City of Patterson met in the Council Chambers of the City of Patterson on Tuesday, December 17, 2024 to accept the certification of the County Clerk/Registrar of Voters of Stanislaus, certified by the City Clerk of Patterson, and declare the results of said election and to install the newly-elected officers as a result of which the Council finds that the number of votes cast and the names and persons voted for, and other matters required by law to be as follows, and hereinafter stated.
6.12.a
Packet Pg. 92
Attachment: Resolution No. 2024-71 Statewide Presidential Election November 5, 2024 Approve Results (Approve Dec. 17, 2024) (Resolution 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Patterson as follows:
1. That a Statewide Presidential Election was held and conducted on November 5, 2024, the City of Patterson consolidated its municipal election with the Statewide Presidential Election conducted on November 5, 2024 in time, form and manner as required by law.
2. There were voting precincts established for the purpose of holding said election, consisting of precincts established for holding general, state and county elections.
3. For the position of Mayor at Large, the whole number of registered voters in the City of Patterson was 12,643; and of the 12,643 registered voters in the City, there were 8,193 Ballots Cast in the established thirteen (13) voting precincts for Mayor; or 64.8 percent.
4. For the position of Council Member, District A, the whole number of registered voters in the City of Patterson was 3,022; and of the 3,022 registered voters in the City, there were 1,991 Ballots Cast in the established three (3) precincts for this District; or 65.9 percent.
5. For the position of Council Member, District C, the whole number of registered voters in the City of Patterson was 2,757; and of the 2,757 registered voters in the City, there were 1,795 Ballots Cast in the established two (2) precincts for this District; or 65.1percent.
6. That the names of the persons voted for, and the offices of which they were voted, and the number of votes given at each precinct to each person, and the number of votes given in the city to each person, is as follows:
6.12.a
Packet Pg. 93
Attachment: Resolution No. 2024-71 Statewide Presidential Election November 5, 2024 Approve Results (Approve Dec. 17, 2024) (Resolution 3 For the office of Mayor at Large for a term of two (2) years to expire December 2026:
For the office of Council Member (District A) for a term of four (4) years to expire in December 2028:
6.12.a
Packet Pg. 94
Attachment: Resolution No. 2024-71 Statewide Presidential Election November 5, 2024 Approve Results (Approve Dec. 17, 2024) (Resolution 4 For the office of Council Member (District C) for a term of four (4) years to expire in December 2028:
7. That at said STATEWIDE Presidential Election, MICHAEL S. CLAUZEL was elected to the office of MAYOR of the City of Patterson for a full term of two (2) years to expire in December 2026.
8. That at said STATEWIDE Presidential Election, GABRIELA HERNANDEZ FOR DISRICT A AND KENDRA L. MORA FOR DISTRICT C were elected to the office of COUNCIL MEMBER of the City of Patterson for a full term of four (4) years to expire in December 2028.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 17th day of December 2024, by , who moved its adoption, which motion was duly seconded by , and it was upon roll-call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
6.12.a
Packet Pg. 95
Attachment: Resolution No. 2024-71 Statewide Presidential Election November 5, 2024 Approve Results (Approve Dec. 17, 2024) (Resolution 5 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 17th 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
6.12.a
Packet Pg. 96
Attachment: Resolution No. 2024-71 Statewide Presidential Election November 5, 2024 Approve Results (Approve Dec. 17, 2024) (Resolution
6.12.b
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Attachment: Pages from Statement of Vote ROV Results (Resolution No. 2024-71 Certifying of 2024 Election)
6.12.b
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Attachment: Pages from Statement of Vote ROV Results (Resolution No. 2024-71 Certifying of 2024 Election)
6.12.b
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6.12.b
Packet Pg. 111 Attachment: Pages from Statement of Vote ROV Results (Resolution No. 2024-71 Certifying of 2024 Election) City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Jennifer Riedeman, Finance Director
MEETING DATE: December 17, 2024
ITEM NO: 7.1
SUBJECT: Approve Resolution No. 2024-73 Adopting updated User Fees and Authorize the new User Fees and also increases to previously approved User Fees based on CPI as set forth in the Comprehensive User Fee Study dated September 2019.
RECOMMENDATION
Motion to Approve Resolution No. 2024-73 Adopting updated User Fees and Authorize the new User Fees and also increases to previously approved User Fees based on CPI as set forth in the Comprehensive User Fee Study dated September 2019.
BACKGROUND
In 2018/19 the City hired Willdan Financial Services to complete an updated analysis of all city user fees. The user fee study is now complete and due to the complexity of fees, a variety of fee methodologies were evaluated. A final report that provides the details of this study is attached for reference. The report identifies 100% full cost recovery for city services and the recommended level of recovery as determined through discussions with city staff.
The fees adopted included Building, Engineering, Finance, Fire, Recreation & Community Services, Administration, Planning, Police, and Public Works. Recreation & Community Services sets their fees based on industry standards, rather than cost recovery.
ANALYSIS
Staff recommends City Council approve the updated User Fees in order to recover current costs to provide the related the services.
7.1 Packet Pg. 112
The CPI increases to the previously approved fees is based on the June row in the table below (6.8%, 2.9%, and 3.2%:
Based on State Law, fees cannot take effect until 60 days after adoption of a Resolution. Upon City Council approval, the fees will go into effect on February 15, 2025.
These fees will remain at the current fee levels listed until Council takes further action. The Analysis included evaluation of staff involved, time estimates, development of fully burdened hourly rates, citywide overhead, and the calculation of a full cost recovery fee. This level of detail provides the basis for the following:
1. Reasonable cost of providing services
2. Defensible methodology
3. Compliant fees-for-service
4. Cost Recovery
The city can legally set fees at a level to recover the full cost of providing these services. The City benefits by realigning its user fees by 1) reducing general fund subsidy, 2) better supporting the departments’ funding, and 3) setting realistic expectation for cost recovery.
In addition to the CPI increases, all departments provided feedback and made updates to the User Fees and a separate list is attached. Additional changes may be forthcoming as departments review their activities and revenue recovery options. There were no changes to the Parking Fees as they are based on the California Vehicle Code.
The city will advertise the fees and public hearing as required by law.
FISCAL IMPACT
This action will authorize an increase of existing User Fees with an annual CPI (Consumer Price Index) increase applied starting January 18, 2025 as stated in the resolution, and also approve the listed new and deleted User Fees.
Staff will seek an updated User Fee Study in FY 2025/26, as it was required to be completed every five years in the resolution adopting the 2019 User Fee Study in FY 2020/21.
7.1 Packet Pg. 113
{CW107356.1}
1 RESOLUTION NO. 2024-73
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON UPDATING THE CITY’S USER 4 FEE SCHEDULE AS IDENTIFIED IN THE CITY-WIDE COMPREHENSIVE USER FEE STUDY DATED 5 SEPTEMBER 2019
6 7 The City Council of the City of Patterson (hereafter referred to as the “City Council”) does 8 resolve as follows:
9 10 WHEREAS, the City of Patterson, “City” provides various services to the public, the cost 11 of which are generally paid by the City, unless for certain services, the City recovers the cost in 12 whole or in part from the person requesting the service by charging a user fee; and 13 14 WHEREAS, the City of Patterson Municipal Code and other applicable laws also allow 15 the City Council to amend these fees from time to time by resolution to reflect the changing 16 and actual costs of this process; and
17 18 WHEREAS, in accordance with Government Code section 66018, the notice was 19 published at least (10) days prior to the public hearing on December 17,2024, in a newspaper of 20 general circulation within the City, which is published at least once a week; and 21 22 WHEREAS, the City Council desires to adopt the changes to the schedule of user fees to 23 recover costs necessary to provide the service for which the user fees are proposed to be 24 rendered.
25 26 NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY 27 COUNCIL FOR THE CITY OF PATTERSON, AS FOLLOWS:
28 29 1. Authorize the new User Fees and also increases to previously approved User Fees based 30 on CPI as set forth in the Comprehensive User Fee Study dated September 2019 31 attached hereto, and made a part hereof are hereby adopted and shall remain in effect 32 until amended by Resolution of the City Council.
33 34 2. The revenues raised by payment of the user fees established by this Resolution shall be 35 used to fund the reasonable cost of providing the services of which the fees are 36 charged.
37 38 3. On July 1st of each year, the City Manager, or his or her designee, shall annually update 39 the user fees set forth in the attached schedule based on the San Francisco Bay Area 40 Consumer Price Index (CPI) for the previous year. The updated fees shall be rounded to 41 the nearest $1 as appropriate. The annual update shall be subject to City Council’s 42 approval prior to implementation. Upon City Council’s approval, the updated fees shall 43 become effective the following January 1st. City Council hereby directs the City
7.1.a
Packet Pg. 114 Attachment: Resolution No. 2024-73 - ADOPTING USER FEES 12-17-24 (Resolution No. 2024-73 User Fees) {CW107356.1}
44 Manager to submit an updated user fee study to the City Council at least every five (5) 45 years following adoption of this Resolution.
46 47 4. The user fees set forth in the schedule of user fees and established by this Resolution 48 shall become effective February 15, 2025, which is 60 days after adoption as required. 49 50 The foregoing resolution was passed by the City Council at a regular meeting held on the 51 17th day of December 2024, and the resolution adopted by the following roll call vote:
52 53
54 AYES:
55 NOES:
56 EXCUSED:
57 58
59 APPROVED:
60 61
62 _____________________________________
63 Michael Clauzel
64 Mayor of City of Patterson
65 66 ATTEST:
67 68
69 __________________________________________
70 Aracely Alegre
71 City Clerk of the City of Patterson
72 73
74 I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed 75 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 17 th 76 day of December 2024, and I further
77 certify that said resolution is in full force and effect and has never been rescinded or modified. 78 DATED:
79 80
81 82
83 84 City Clerk City of Patterson
7.1.a
Packet Pg. 115 Attachment: Resolution No. 2024-73 - ADOPTING USER FEES 12-17-24 (Resolution No. 2024-73 User Fees)
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CITY OF PATTERSON CITY COUNCIL will hold a Public Hearing in the City Council Chamber, 1 Plaza, Patterson, CA, on Tuesday, December 17, 2024, at 7:00 p.m., to review and consider for adoption of new and updated City-Wide User Fees. The city provides various services to the public, the cost of which are generally paid by the city, unless for certain services, the city recovers the cost in whole or in part from the person requesting the service by charging user fees. Information supporting the adoption of the new and updated user fees as provided in the City of Patterson Comprehensive User Fee Study, dated September 2019. This document provides the following information in support of adoption of the user fees in accordance with Government Code 6608.
NOTICE IS ALSO HEREBY GIVEN that these documents will be available for public review at the City of Patterson website www.ci.patterson.ca.us or during business hours at City Hall offices located at 1 Plaza, Patterson. All interested parties are invited to review the documents prior to the closing of the Public Hearing scheduled for Tuesday, December 17, 2024.
ALL INTERESTED PARTIES are invited to attend the hearing and express opinions or submit evidence for or against the proposed fees. At the above noted time and place, testimony from interested persons will be heard by the City Council and duly considered prior to taking action on the proposed fees. Any material submitted to the City Council for consideration will be retained by the city and cannot be returned.
FURTHER INFORMATION on the proposed fees may be obtained at the City of Patterson City Hall, City Clerk’s Office or by calling (209) 895-8014.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF PATTERSON.
DATED:
Aracely Alegre, City Clerk
City of Patterson
7.1.b
Packet Pg. 116 Attachment: LEGAL NOTICE - PUBLIC HEARING - USER FEES 12-17-24 (Resolution No. 2024-73 User Fees) City of Patterson
User Fees
Major Changes
Department Line Fee Unit Notes Amount
Code Enforcement Recordation of notices of violation. 1.40.030 PMC Actual cost Code Enforcement Cancelation of recorded notice of violation. 1.40.100 PMC Actual cost Code Enforcement Code enforcement lien - Recordation 1.60.020 PMC Actual cost Code Enforcement Enforcement hearing officer administrative costs 1.44.050 (B) PMC Actual cost Code Enforcement Code Enforcement administrative costs (i.e.; inestigation, inspection, reinspection, title search, appeal hearing, and other processing costs) 1.40.070 (D) PMC Actual cost Code Enforcement Notice of satisfaction - Recordation 1.48.030 PMC Actual cost Code Enforcement Nuisance abatement lien - Recordation 1.60.030 PMC Actual cost Code Enforcement Re-inspectin fees 1.64.020 PMC $45
Code Enforcement Massage establishment permit application fee 5.09.080 PMC $45 Code Enforcement Vending on streets, sidewalks and private property - Permit 5.10.030 PMC $45 Code Enforcement Vending on streets, sidewalks and private property - Fees 5.10.040 PMC $181 Code Enforcement Property Maintenance fees 6.16.110 PMC $454 Code Enforcement Registration of neglected vacant structure fee (New) (per resolution) 6.18.140 PMC $91 Code Enforcement Registration of neglected vacant structure fee (Renewal) (per resolution) 6.18.140 PMC $91 Code Enforcement Trailers permit and license required 6.32.020 PMC $91 Code Enforcement Cannabis for personal use administrative cultivation permit 6.57.030 (B) PMC $181 Code Enforcement Cannabis for personal use administrative cultivation permit renewal fee 6.57.060 (C) PMC $91 Code Enforcement Cannabis suboperator permit 6.58.050 (A) PMC $91 Code Enforcement Cannabis suboperator permit application fee 6.58.050 (B) PMC $340 Code Enforcement Animal in residential areas permit or renewal of a permit fees 7.58.060 PMC $340 Code Enforcement Adult-related establishment permit 9.20.030 (A) (B) PMC $340 Code Enforcement Adult-related establishment permit filing fee 9.20.040 (A) PMC $340 Code Enforcement Application for escort or figure model application fee 9.20.200 (A) PMC $340 Code Enforcement Application for escort or figure model permit 9.20.200 (A) PMC $340 Code Enforcement Cart continment plan review fees 9.26.070 PMC $340 Code Enforcement Impound, retrieval, and administrative costs and fines - Impound fee 9.26.150 (D) PMC $272 Code Enforcement Unattended collection bin permit 9.27.030 PMC $91 Code Enforcement Fortunetelling permit 9.28.010 PMC $340 Code Enforcement Permit required for private funeral escorts 10.42.080 (7) PMC $340 Recreation Reservation Change Fee – Admin $25
Recreation Special Events Late Processing Fee - Admin $50 Recreation New Recreation Program $0-$500
Recreation Parking Lot Rental non-profit (2 hr minimum) Per hour $20 Recreation Parking Lot Rental for-profit (2 hr minimum) Per hour $25 Recreation Vendor/Tabling fees $0-$500
Recreation Green Space Rental non-profit (2 hr minimum) Per hour $10 Recreation Green Space Rental for-profit (2 hr minimum) Per hour $15 Recreation Special Event Equipment Rental $0-$500
Recreation Program Cancellation Fee $8
Department Line Fee Unit Amount
Recreation 6 Track Class $55.00
Recreation 23 Instruction Classes - Contracted $30-$125 Recreation 24 Instruction Classes - Online $30-$250
Recreation 40 40 Visit Pass $80
Recreation 41 40 Visit Senior Pass $50
Recreation 42 120 Visit Pass $215
Recreation 43 120 Visit Senior Pass $120
Recreation 56 Table Rental (2 Tables during open swim only) $60 Recreation 85 Full day rental – 8am-12am, includes staffing $600 Department Line Fee Unit Amount
Recreation 22 Instruction Classes $1-350
Recreation 34 Water Aerobics Drop In $7
Recreation 35 Water Aerobics Drop In $5
Recreation 95 Recreation staff City costs +10%
Line
22 – Changed from Instruction Classes – Recreation to just ‘Instruction Classes.’ Price changed from 30.00-150.00 to 1.00-350.00.
This allows us to consolidate all instruction classes, and can include one-day classes, multi-day classes, and certification classes (i.e. Red Cross Classes). 34/35 – Prices adjusted to be on par with the cost to register for the session of the class also removing “lap swim” and adding “Drop in.” .
Lap swimmers are charged General Admission rates
95 – Changed to pricing to allow flexibility with working with different level staff and their corresponding pay rates.
Other Major Changes 12/17/23
Removed Fees 12/17/24
New Fees 12/17/23
7.1.c
Packet Pg. 117 Attachment: User Fees - Major Updates 12-17-24 (Resolution No. 2024-73 User Fees) Administration
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 41 Finger Printing Penal Code Section 13300( e) $32.00 $34.18 $35.17 $36.292 Business License Listing $25.00 $26.70 $27.47 $28.353 Business License First Time Application Fee $25.00 $26.70 $27.47 $28.354 Business License Transfer/Reprint $10.00 $10.68 $10.99 $11.345 Business License Fee Schedule Revision $20.00 $21.36 $21.98 $22.686 Garage Sale Permit $7.00 $7.48 $7.69 $7.947 Hardcopy of Annual Budget per page $0.30 $0.32 $0.33 $0.348 Hardcopy of Financial Statements (City Audit) per page $0.30 $0.32 $0.33 $0.349 15 - day notice of late payment of utility service $15.00 $16.02 $16.48 $17.0110 48 hour notice of late payment of utility service $15.00 $16.02 $16.48 $17.0111 Notary Services Fee $0.00 $0.00 $0.00 $0.0012 Credit Card Convenience Fee $2.50 $2.67 $2.75 $2.8413 Administration of Water Service / Shut off $30.00 $32.04 $32.97 $34.0214 Credit Check Report $3.00 $3.20 $3.30 $3.4015 Utility Deposit Refundable if account in good standing $100.00 $106.80 $109.90 $113.4116 Returned Checks / NSF per first check $35 per subsequent check $25.00 $26.70 $27.47 $28.3517 Lost/Destroyed Check Re-Issue fee - Less than $100.00 $15.00 $16.02 $16.48 $17.0118 Lost/Destroyed Check Re-Issue fee - $100.00 or greater $20.00 $21.36 $21.98 $22.6819 Payment Arrangement Plan Fee $20.00 $21.36 $21.98 $22.6820 Non-Profit Groups/Public Agencies business meetings only for rental of City Hall Community Meeting Room after business hours - Regular per employee No charge if room used during business hours (4 hrs. max.). 2 hour Minimum Charge $219.79 $234.74 $241.54 $249.27 21 Non-Profit Groups/Public Agencies business meetings only for rental of City Hall Community Meeting Room after business hours - Holiday per employee No charge if room used during business hours (4 hrs. max.). 4 hour Minimum Charge $302.32 $322.88 $332.24 $342.87 22 Non-Profit Groups/Public Agencies business meetings only for rental of City Council Chamber after business hours - Regular per employee No charge if room used during business hours (4 hrs. max.). 2 hour Minimum Charge $219.79 $234.74 $241.54 $249.27
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Packet Pg. 118
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Administration
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 4 23 Non-Profit Groups/Public Agencies business meetings only for rental of City Council Chamber after business hours - Holiday per employee No charge if room used during business hours (4 hrs. max.). 4 hour Minimum Charge $302.32 $322.88 $332.24 $342.87 24 Public Records Requests - Black and White paper copies (8 1/2 X 11) $0.30 $0.32 $0.33 $0.3425 Public Records Requests - Black and White paper copies of large maps/plans $4.00 $4.27 $4.40 $4.5426 Public Records Requests - CD copies $10.00 $10.68 $10.99 $11.3427 Public Records Requests - paper copies of FPPC fillings $0.10 $0.11 $0.11 $0.1128 Public Records Requests - postage and handling Actual Cost Actual Cost Actual Cost Actual Cost29 Political Signs Deposit Refundable once signs are removed 10 days after election (per PMC ) $200.00 $213.60 $219.79 $226.83 30 Elections - Statement of Qualifications EC 13312, 13307(c) subject to change based on actual cost $750.00 $801.00 $824.23 $850.60 31 Notice of Intent to Circulate Petition EC 9202 $200.00 $213.60 $219.79 $226.83
7.1.d
Packet Pg. 119
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Planning
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 41 Annexation (1,7) $6,000.00 $6,408 $6,594 $6,8052 Annexation with Prezone (1,7) $6,000.00 $6,408 $6,594 $6,8053 Administrative Use Review $300.00 $320 $330 $3404 Architectural & Site Plan Review -Minor (4) $1,140.00 $1,218 $1,253 $1,2935 Architectural & Site Plan Review -Major (4) $2,265.00 $2,419 $2,489 $2,5696 Architectural & Site Plan Review/Conditional Use Permit $2,630.00 $2,809 $2,890 $2,9837 Conditional Use Permit - Residential (2,4,7) $1,340.00 $1,431 $1,473 $1,5208 Conditional Use Permit - Other (Minor Project) (2,4,7) $1,675.00 $1,789 $1,841 $1,9009 Conditional Use Permit - Other (Major Project) (2,4,7) $2,350.00 $2,510 $2,583 $2,66510 Conditional Use Permit Daycare (Residential) $805.00 $860 $885 $91311 Conditional Use Permit Revision $890.00 $951 $978 $1,00912 Conditional Use Permit Mobile Vendor $920.00 $983 $1,011 $1,04313 Development Agreement Review (7) $3,000 plus Actual Cost $3,204 $3,297 $3,40214 Alteration Permit $795.00 $849 $874 $90215 Final Subdivision Map (3,7) $1,170.00 $1,250 $1,286 $1,32716 General Plan Amendment (GPA) (2,7) $4,275.00 $4,566 $4,698 $4,84817 General Plan Amendment W/ Rezone (2,7) $4,900.00 $5,233 $5,385 $5,55718 Historical Review - Residential $515.00 $550 $566 $58419 Historical Review - Other $820.00 $876 $901 $93020 Home Occupation Use Permits $185.00 $198 $203 $21021 Lot Line Adjustment (3) $800.00 $854 $879 $90722 Zoning Code Amendment $3,900.00 $4,165 $4,286 $4,42323 Minor Zoning Code Amendment (review of use) $1,495.00 $1,597 $1,643 $1,69624 Tenative Parcel Map (3) $1,725.00 $1,842 $1,896 $1,95625 Master Plan $3,190.00 $3,407 $3,506 $3,61826 Planned Development (PD) (2,3) $3,515.00 $3,754 $3,863 $3,98627 Non-Conforming Permit $82.00 $88 $90 $9328 Planned Development W/ Rezone (2,3) $4,280.00 $4,571 $4,704 $4,854Application
7.1.d
Packet Pg. 120
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Planning
29 Preliminary Project Review 25% of Application Fee
25% of Application Fee
25% of Application Fee
25% of Application Fee
30 Minor Adjustment $135.00 $144 $148 $15331 Prezone $3,485.00 $3,722 $3,830 $3,95232 Minor Design Review $100.00 $107 $110 $11333 Relocation Permit (2,3) $875.00 $935 $962 $99234 Rezone $3,000.00 $3,204 $3,297 $3,40235 Creative Sign Permit $405.00 $433 $445 $45936 Sign Review - Single $100.00 $107 $110 $11337 Sign Review - Mulitple $240.00 $256 $264 $27238 Sign Review - Master Sign Plan $595.00 $635 $654 $67539 Similar Use Determination $165.00 $176 $181 $18740 Specific Plan $2,465.00 $2,633 $2,709 $2,79641 Tenative Subdivision Map (2,3) $3,058.00 $3,266 $3,361 $3,46842 Temporary Use Permit $225.00 $240 $247 $25543 Tenative Subdivision Map Revision (2,3) $1,644.00 $1,756 $1,807 $1,86544 Temporary Sign Permit $55.00 $59 $60 $6245 Time Extension (Staff) $210.00 $224 $231 $23846 Time Extension (Council) $580.00 $619 $637 $65847 Variance - Residential $975.00 $1,041 $1,071 $1,10648 Variance - Other $1,760.00 $1,880 $1,934 $1,99649 Williamson Act Cancellation $2,675.00 $2,857 $2,940 $3,034
7.1.d
Packet Pg. 121
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Planning
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 450 Initial Study/Negative Declaration (ND) - Small Project (5,7) $1,370.00 $1,463 $1,506 $1,55451 Initial Study/Negative Declaration (ND) - Large Project (5,7) $2,165.00 $2,312 $2,379 $2,45552 Enviromental Impact Report (EIR) $5,725 plus Actual Cost $6,114 $6,292 $6,49353 Mitigation Monitoring Program - EIR $675 plus Actual Cost $721 $742 $76654 Mitigation Monitoring Program - ND $330 plus Actual Cost $352 $363 $37455 Notice of Exemption $190.00 $203 $209 $215# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 456 Appeal $605.00 $646 $665 $68657 Landscape/Irrigation Plan Review $210.00 $224 $231 $23858 Letter of Verification (Zone, Etc.) $120.00 $128 $132 $13659 Records Research Request $50.00 $53 $55 $57 PENALTYA penalty equal to the fee itself (double fee) shall be levied for beginning project prior to approval for all NOTES:1. Plus the following:a. All Election costs, if applicableb. All LAFCO Fees.c. State Board of Equalization filing fees.e. Cost of protest hearing if applicable.2. Applicant may be required to contract for traffic and/or other impact studies, as determined bythe City.3. Applicant to pay city engineer's invoiced costs, including map check & Cert. Of Compliance.4. Minor Review to include the following:a. Commercial/Industrial exterior renovations.c. Projects as designated by the Community Development Director.5. Applicant to pay actual cost of Department of Fish and Game Review fee.7. Applicant to pay actual consultant costs, if applicable.d. All required exhibits including maps and legal description in compliance with LAFCO and State Board of Equalization standards.b. New Commercial/Industrial buildings or enlargement of existing commercial/industrial buildings of less than 1,500 square feet.6. All National Flood Insurance Program forms requiring processing/work performed by the city engineer will be billed at cost.
Enviromental Services
7.1.d
Packet Pg. 122
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Building
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 41 Residential Permit Issuance Fee each Per discipline $100.00 $107 $110 $1132 Non-Residential Permit Issuance Fee each $100.00 $107 $110 $1133 Reinspection Fee Initial deposit required based on T&M $117.00 $125 $129 $1334 Work done without permit $200.00 $214 $220 $2275 Plan check Fee When required 65% of Permit Fee 65% of Permit Fee 65% of Permit Fee 65% of Permit Fee6 Demolotion Permits $100.00 $107 $110 $113Building Permit - Residential and Non-Residential# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 47 Up to $10,000 Valuation Based $100.00 $107 $110 $1138 $10,001 to $50,000 Valuation Based, or Permit Issuance Fee (whichever is greater) 2.77% 2.77% 2.77% 2.77%9 $50,001 - $250,000 Valuation Based 1.97% 1.97% 1.97% 1.97%10 $250,001 - $500,000 Valuation Based 1.12% 1.12% 1.12% 1.12%11 $500,001 - $1,000,000 Valuation Based 0.99% 0.99% 0.99% 0.99%12 $1,000,001 and up Valuation Based 0.86% 0.86% 0.86% 0.86%Building Permit Fees *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.**Actual costs include administrative and overhead costs.
7.1.d
Packet Pg. 123
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Building
Building Standards Administration Special Revolving Fund (SB 1473, eff. 1/1/2009) - Purpose and justification needed# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 413 Permit Valuation - $1.00 to $25,000.00 $1.00 $1 $1 $114 Permit Valuation - $25,001.00 to $50,000.00 $2.00 $2 $2 $215 Permit Valuation - $50,001.00 to $75,000.00 $3.00 $3 $3 $316 Permit Valuation - $75,001.00 to $100,000.00 $4.00 $4 $4 $517 Every $25,000.00 of fraction thereof above $100,000.00 add $1 add $1 add $1 add $1# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 418 Residential Building Permit Valuation x 0.00013 Building Permit Building Permit Building Permit 19 Commercial/Industrial Building Permit Valuation x 0.00028 Building Permit Building Permit Building Permit # Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 420 Electrial Permit 30% of Building Permit Fee 30% of Building Permit Fee
30% of Building Permit Fee
30% of Building Permit Fee
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 421 Mechanical Permit 15% of Building Permit Fee 15% of Building Permit Fee
15% of Building Permit Fee
15% of Building Permit Fee
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 422 Plumbing Permit 15% of Building Permit Fee 15% of Building Permit Fee
15% of Building Permit Fee
15% of Building Permit Fee
Strong Motion Instrumentation Fee (SMIP)Electrical Permit Fees Mechanical Permit FeesPlumbing Permit Fees - Permit Issuance
7.1.d
Packet Pg. 124
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Building
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 423 Additional plan review required by changes, additions or revisions to plans or to plan for which an initial review has been completed *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. $100.00 $107 $110 $113# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 424 Inspections outside of normal business hours Per hour Minimum charge – two hours $200.00 $214 $220 $22725 Reinspection fees assessed under provisions of Section 305.8 Per Inspection $100.00 $107 $110 $11326 Inspections for which no fee is specifically indicated Per hour Minimum charge – one half hour $100.00 $107 $110 $113# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 428 Residential - Under 10kW each Plus plan check fee $194.00 $207 $213 $22029 Residential - 10.1kW to 15kW each Plus plan check fee $303.00 $324 $333 $34430 Residential - 15.1kW and up each Plus plan check fee Actual Cost Actual Cost Actual Cost Actual Cost31 Commercial - Up to 50kW each Plus plan check fee $606.00 $647 $666 $68732 Commercial - 50.1kW to 250kW each Plus plan check fee Actual Cost Actual Cost Actual Cost Actual Cost33 Commercial - Above 250.1kW each Plus plan check fee Actual Cost Actual Cost Actual Cost Actual Cost# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 434 Residential-Overlay 2 Required inspections $300.00 $320 $330 $34035 Residential-Tear-Off Without new sheathing 2 Required inspections $300.00 $320 $330 $34036 Residential-Tear-Off With new sheathing 3 Required inspections $400.00 $427 $440 $45437 Commercial $450.00 $481 $495 $510Other Inspections and Fees:Solar Energy FeesRe-roof Fees*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.Other Fees
7.1.d
Packet Pg. 125
Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Fire
CPI Increases - June of each year
6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 41 1-10 head per rise $299.00 $319 $329 $3392 10-20 head per rise $508.00 $543 $558 $5763 20+ head per rise $654.00 $698 $719 $742# Description Unit APPROVED/ CURRENT FEE Year 2 Year 3 Year 44 Hood and Duct System, 1-10 flow points $176.00 $188 $193 $2005 Hood and Duct System, 10-20 flow points $385.00 $411 $423 $4376 Hood and Duct System, 20+ flow points $592.00 $632 $651 $671# Description Unit APPROVED/ CURRENT FEE Year 2 Year 3 Year 47 1-10 devices $217.00 $232 $238 $2468 11-25 devices $385.00 $411 $423 $4379 25+ devices $677.00 $723 $744 $768# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 410 Single Family Residential $166.00 $177 $182 $18811 Multifamily Residential $250.00 $267 $275 $28412 Business, Office, Merchant: <50,000 sq. ft $263.00 $281 $289 $29813 Business, Office, Merchant: 50,000 - 250,000 sq. ft $492.00 $525 $541 $55814 Business, Office, Merchant: 250,000 - 750,000 sq. ft $659.00 $704 $724 $74715 Business, Office, Merchant: >750,000 sq. ft $636.00 $679 $699 $72116 Warehouse/Low Hazard: <50,000 sq. ft $469.00 $501 $515 $53217 Warehouse/Low Hazard: 50,000 - 250,000 sq. ft $636.00 $679 $699 $72118 Warehouse/Low Hazard: 250,000 - 750,000 sq. ft $781.00 $834 $858 $88619 Warehouse/Low Hazard: >750,000 sq. ft $885.00 $945 $973 $1,004Automatic Fire Sprinkler Systems (NFPA)Automatic Fire Suppression SystemsFire Alarm SystemsNew Construction and Tenant Improvement Plan Review
7.1.d
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Fire
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 420 Residential Care Facility $200.00 $214 $220 $22721 Daycare Facility: 1-6 $124.00 $132 $136 $14122 Daycare Facility: 7-49 $208.00 $222 $229 $23623 Daycare Facility: 50-100 $281.00 $300 $309 $319# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 424 Explosives and Blasting $281.00 $300 $309 $31925 Fireworks Stand $166.00 $177 $182 $18826 Public Fireworks Display $261.00 $279 $287 $29627 Special Event $281.00 $300 $309 $319# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 428 Hazardous Material Processing and Storage $363.00 $388 $399 $41229 Specialized Gas Detection Systems $241.00 $257 $265 $27330 Underground Fire Line Inspection per hour $84.00 $90 $92 $9531 Waterflow: Up to 5 devices $241.00 $257 $265 $27332 Waterflow: 6-10 devices $241.00 $257 $265 $27333 Waterflow: More than 10 devices $281.00 $300 $309 $31934 Weed Abatement Plus $120 to contractor $156.00 $167 $171 $17735 Tent/Canopy $159.00 $170 $175 $18036 Re-inspection Fees each $166.00 $177 $182 $18837 For Inspections conducted outside normal business hours 1.5 times the regular hourly rate
1.5 times the regular hourly rate
1.5 times the regular hourly rate
1.5 times the regular hourly rate
False Alarm Response Fee (After two False Alarms within a 12-month period)# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 438 Third False Alarm $150.00 $160 $165 $17039 Fourth False Alarm $200.00 $214 $220 $22740 Fifth False Alarm $250.00 $267 $275 $28441 Sixth False Alarm $300.00 $320 $330 $34042 Seven or more $500.00 $534 $549 $567Other FeesSpecial InspectionsSpecial Permits
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Public Works
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 41 Encroachment Permit Includes Fire Hydrant Permit, House Mover's/Oversize & Well Destruction for all categories. **Higher fees foruse of Potable System for Construction $169 $180 $193 $198
2 Encroachment Permit (Additional Inspections) $233 $249 $266 $2733 Hydrant Meter Rental Charge per day $3 $3 $3 $44 Water use charge Per 100 cubic feet Twice the regular residential rate Twice the regular residential rate
Twice the regular residential rate
Twice the regular residential rate
5 Use of Water without meter - Offense $500 $534 $570 $5876 Hydrant Wrench deposit $100 $107 $114 $1177 Fire hydrant Meter Deposit(s) $1,500 (regular) $3,500 (w/ backflow) $1,500 (regular)$3,500 (w/ backflow)
$1,500 (regular)$3,500 (w/ backflow)
$1,500 (regular)$3,500 (w/ backflow)
8 Meter Fees City cost + 15% City cost + 15% City cost + 15% City cost + 15% 9 Administrative Expense 15% $0 $0 $010 Regular Call-Out Per 2-hour call out $213 $227 $243 $250 11 Holiday Call-Out Per 2 Hour Call Out $302 $323 $344 $354 12 Each additional hour beyond initial call out hour $88 $94 $100 $10313 Hourly Cost (Labor Regular Time) Per Hour $114 $122 $130 $13414 Hourly Cost (Storm Water Management) Per Hour $168 $179 $192 $19715 SWPPP Fee (Code Enforcement) Per Hour $143 $153 $163 $16816 Charges Per Barricade $3 $3 $3 $417 Deposit Per Barricade $32 $34 $36 $3818 Delivery and Pickup Charge $77 $82 $88 $9019 Backflow Device Testing per test $69 $74 $79 $8120 Backflow Device Testing - Repairs per hour $98 $105 $112 $11521 Work Done without Permit or Approval Double the regular permit fee Double the regular permit fee
Double the regular permit fee
Double the regular permit fee
22 Vehicle, equipment, hourly rates Per Hour 1.8% increase Equipment Price Index
1.8% increase Equipment Price Index
1.8% increase Equipment Price Index
1.8% increase Equipment Price Index
23 350 Gal. Power Sprayer $18 $19 $21 $2124 Compact Pick-up $11 $12 $13 $1325 1/2 ton pick-up $13 $14 $15 $1526 3/4 ton pick-up $13 $14 $15 $1527 5 yard dump truck $40 $43 $46 $4728 street sweeper $42 $45 $48 $49
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Public Works
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 4 29 Rough Terrain Forklift $40 $43 $46 $4730 2-axle Equipment Trailer $10 $11 $11 $1231 4 WD Loader Tractor $36 $38 $41 $4232 4WD Backhoe Loader $49 $52 $56 $5833 4WD 40-50 ft Boom $41 $44 $47 $4834 23 HP Self Feed Chipper $32 $34 $36 $3835 Vacuum Truck $83 $89 $95 $9736 175-195 CFD Compressor $24 $26 $27 $2837 90 # Air Pavement Breaker $9 $10 $10 $1138 25 HP Stump Grinder $38 $41 $43 $4539 3-5 ton Smooth Drum Roller $40 $43 $46 $4740 Riding Lawn Mower $16 $17 $18 $1941 6" Vacuum Assisted Pump $35 $37 $40 $4142 4" Diesel Trash Pump $22 $23 $25 $2643 Park shelter Reservation Fee (North, South, sports Park Shelters) $89 $95 $102 $10444 Park Reservation Deposit (North, South, Sports Park) $50 $53 $57 $5945 Park Reservation & Sports Field Usage $118 $126 $135 $13846 Soccer Field/Ball Diamond Field Reservation Fee (Private) Hour $20 $21 $23 $2347 Soccer Field/Ball Diamond Field Reservation Fee (Non-Private) Hour $10 $11 $11 $1248 Bounce House Permit Fee (North Park/ Sports Park Only) $13 $14 $15 $1549 Electricity Fee (North Park) (w/o bounce house) $10 $11 $11 $1250 Electricity Fee (North Park) (w/ bounce house) $20 $21 $23 $2351 Electricity Field Lights Fee (Sports Park/Garza Park) per hour 2-hour Minimum $20 $21 $23 $2352 Water Service Fee (North Park) Per 4 hours $20 $21 $23 $2353 Finger Printing Service Fee (P.J.U.S.D) $15 $16 $17 $1854 Finger Printing Service Fee (Private) $29 $31 $33 $3455 NFIP Form Name Change from Planning tab $150 $160 $171 $17656 NFIP Program Referrals from Planning tab Actual Cost plus 15% Admin Actual Cost
plus 15%
Admin
Actual Cost
plus 15%
Admin
Actual Cost
plus 15%
Admin
57 Portable Waste Disposal Fee $69 $74 $79 $8158 Business License Finals (1st Inpsection - No Fee) $60 $64 $68 $7059 Business License Finals (Additional Inpsection) $59 $63 $67 $6960 Occupancy Certificate Finals - New Development $59 $63 $67 $6961 Walk Through Inspections - New Development $107 $114 $122 $12662 Walk Through Inspections - Additional Inspection $151 $161 $172 $17763 Backflow Test - New Development $119 $127 $136 $14064 Backflow Test Fitting - New Development per device $33 $35 $38 $39
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Public Works
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 4 65 SWPP Fee 1% of Project Cost Estimate 1% of Project Cost Estimate 1% of Project Cost Estimate
1% of Project
Cost
Estimate
66 Waste Management Regulatory Inspections & Reporting (Includes 3 Inspections) $121 $129 $138 $142 67 Waste Management Regulatory Inspections & Reporting (Additional Inspections/Monitoring) $60 $64 $68 $70 68 Trench Cut Fee - PCI 70-100 $7.30 $8 $8 $969 Trench Cut Fee - PCI 50-69 $5.25 $6 $6 $670 Trench Cut Fee - PCI 0-49 No Fee No Fee No Fee No Fee Notes:Equipment/Vehicle hourly rates were obtained from Caltrans and will increase annually by CPIFees will not be phased in, will increase every January 1st (annually) by CPI
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Engineering
CPI Increases - June of each year 6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 41 City Standards $60.00 $64 $66 $682 Plan Check (Off-Site public improvements) City Cost +5% City Cost +5% City Cost +5% City Cost +5% 3 Inspection Services (Off-Site public improvements) City Cost +7% City Cost +7% City Cost +7% City Cost +7% Fees
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Parks & Recreation
6.80% 2.90% 3.20%
# Description Unit Notes APPROVED/CURREENT FEE Year 2 Year 3 Year 41 Flag Football $70.00 -$75.00 $75-$80 $77-$82 $79-$852 Basketball $80.00 $85 $88 $913 Soccer $90.00 - $100.00 $96-$107 $99-$110 $102-$1134 Pre-Sports Camps $40.00 - $60.00 $43-$64 $44-$66 $45-$685 Youth Sports late registration fee $15.00 $16 $16 $177 Tennis $50.00 - $70.00 $53-$75 $55-$77 $57-$798 Open Gym Students (free only w/id) $0.00 $0 $0 $09 Open Gym Students w/o id $2.00 $2 $2 $210 Tiny Tot Athletics $55-$60 $59-$64 $60-$66 $62-$6811 New Sports Programs $35-$75 $37-$80 $38-$82 $40-$8512 Speciality Sports Clinics $75-$100 $80-$107 $82-$110 $85-$113# Description Unit APPROVED/ CURRENT FEE Year 2 Year 3 Year 413 Volleyball per team $300.00 $320 $330 $34014 Adult League team - late fee $25.00 $27 $27 $2815 Open Gym Adults $3.00 $3 $3 $316 Mens Basketball per team $550.00 $587 $604 $62417 Co-Ed Softball per team $550.00 $587 $604 $62418 New Sports $100.00 - $600.00 $107-$641 $110-$659 $113-$68019 Adult Sports Tournaments per day $220.00 $235 $242 $25020 Pickleball $100.00 $107 $110 $113# Description Unit APPROVED/ CURRENT FEE Year 2 Year 3 Year 421 Senior Trips & Tours $5.00 - $75.00 $5-$80 $5-$82 $6-$8522 Instruction Classes $30.00 - $80.00 $32-$85 $33-$88 $34-$9125 Special Events $10.00 - $80.00 $11-$85 $11-$88 $11-$91# Description Unit APPROVED/ CURRENT FEE Year 2 Year 3 Year 426 Winter & Summer Youth Camp per week $100.00 $107 $110 $11327 Half Day Camps per week $60.00 $64 $66 $6828 Extended Day Camps per week $35.00 $37 $38 $4029 Teen Camps & Clubs $50.00 - $120.00 $53-$128 $55-$132 $57-$13630 Teen Trips (Varies on distance and cost of entrance) per teen $25.00 - $50.00 $27-$53 $27-$55 $28-$57Youth Sports (all - per player)Adult SportsSpecial Interest Classes & ProgramsYouth Day Camps & Teen Programs
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Parks & Recreation
# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 431 General Admission $3.00 $3 $3 $332 General Admission / Non swimmer $1.00 $1 $1 $133 Senior/PUSD Admission $2.00 $2 $2 $234 Lap Swim/Water Aerobics $7.00 $7 $8 $835 Lap Swim/Water Aerobics - Senior $5.00 $5 $5 $636 10 Visit Pass $30.00 $32 $33 $3437 10 Visit Senior Pass $15.00 $16 $16 $1738 20 Visit Pass $35.00 $37 $38 $4039 20 Visit Senior Pass $30.00 $32 $33 $3444 Swim Team $140.00 $150 $154 $15945 Fall Aerobics and Lap Swim $35.00 $37 $38 $4046 Swim Lessons tot $50.00 $53 $55 $5747 Swim Lessons $50.00 - $75.00 $53-80 $55-$82 $57-$8548 Private Lessons $120.00 - $150.00 $128-$160 $132-$165 $136-$17049 Jr Lifeguarding I & II $50.00 - $75.00 $53-$80 $55-$82 $57-$8550 Adult Swim $50.00 - $75.00 $53-$80 $55-$82 $57-$8551 Diving Camp $25.00 - $50.00 $27-$53 $27-$55 $28-$5752 Youth Water Polo Camp $50.00 - $75.00 $53-$80 $55-$82 $57-$8553 Adult Water Polo Club per day $3.00 $3 $3 $354 Special Events $5.00 $5 $5 $655 Saturday Swim Lesson $27.00 - $52.00 $29-$56 $30-$57 $31-$5957 Private Pool Parties 1-50 patrons per hour Rentals 100% Cost Recovery $200.00 $214 $220 $22758 Private Pool Parties 51-100 patrons per hour Rentals 100% Cost Recovery $285.00 $304 $313 $32359 Private Pool Parties 101-150 patrons per hour Rentals 100% Cost Recovery $400.00 $427 $440 $45460 Private Pool Parties for 151-200 patrons per hour Rentals 100% Cost Recovery $525.00 $561 $577 $595# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 461 Walnut Grove Gym62 Deposit - Facility $100.00 $107 $110 $11363 Deposit - Equipment ( volleyball, basketball, PA system) each $100.00 $107 $110 $11364 Rental - Entire Gym 65 Non-profit $15.00 $16 $16 $1766 Private $25.00 $27 $27 $2867 Hammon Senior Center68 Deposit - Dining Room $500.00 $534 $549 $56769 Deposit - each additional room $250.00 $267 $275 $284Patterson Aquatic Center 40% Cost Recovery 60% subsidyFacility Rentals
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Parks & Recreation
70 Dining Room71 Non-Profit Rentals Per hour $20.00 $21 $22 $2372 Private Rentals Per hour $25.00 $27 $27 $2873 Dining Room with Kitchen74 Non-Profit Rentals Per hour $30.00 $32 $33 $3475 Private Rentals Per hour $35.00 $37 $38 $4076 Arts & Crafts Room77 Non-Profit Rentals Per hour $10.00 $11 $11 $1178 Private Rentals Per hour $15.00 $16 $16 $1779 Exercise Room80 Non-Profit Rentals Per hour $15.00 $16 $16 $1781 Private Rentals Per hour $20.00 $21 $22 $2382 Entire Facility83 Non-Profit Rentals Per hour $60.00 $64 $66 $6884 Private Rentals Per hour $75.00 $80 $82 $8586 Facility Rental part time Staff Supervision fee Per hour $28.00 $30 $31 $32# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 487 Non-Profit Rentals Per hour $10.00 $11 $11 $1188 For Profit Rental Per hour $20.00 $21 $22 $2389 Lights (2 hr Minimum) Per hour $20.00 $21 $22 $23Other Fee# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 490 Activity Guide Advertisement fee range business card full page $50.00 - $2,000.00 $53-$2,136 $55-$2,198 $57-$2,268Amusement Park Ticket Sales 100% cost recovery# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 491 Excursion Trips92 Adult Ticket cost of ticket plus $6 cost of ticket plus $6 cost of ticket plus $6 cost of ticket plus $693 Child's Ticket cost of ticket plus $6 cost of ticket plus $6 cost of ticket plus $6 cost of ticket plus $6Administration Processing Fees# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 494 Recreation Program processing fee per transaction $5.00 $5 $5 $695 Recreation part time staff for Facility Event per hour $15.00 $16 $16 $1796 Recreation Program change fee $5.00 $5 $5 $697 Special Event Processing/Application Fee $100.00 $107 $110 $113Sports Fields
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Parks & Recreation
Livescan Rolling Fees# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 498 Volunteers $0.00 $0 $0 $099 City Staff $10.00 $11 $11 $11100 School District $25.00 $27 $27 $28101 Other $23.00 $25 $25 $26102 DOJ $32.00 $34 $35 $36Other Fees# Description Unit Notes APPROVED/ CURRENT FEE Year 2 Year 3 Year 4103 Sports Park Field rental deposit $100.00 $107 $110 $113104 Baseball Field Base Rental Deposit per set $250.00 $267 $275 $284105 Sports Field Gate Fee - Tournaments per day $125.00 $134 $137 $142106 Baseball Field Prep Fee - light prep per field $20.00 $21 $22 $23107 Baseball Field Prep Fee - Full Prep per field $50.00 $53 $55 $57108 Baseball Field Prep Fee - Light watering per field $10.00 $11 $11 $11109 Adult Sports Per Player Fee leagues $5.00 $5 $5 $6110 BallPark Sign Sponsorships Two season $400.00 $427 $440 $454111 BallPark Sign Sponsorships Five season $1,000.00 $1,068 $1,099 $1,134112 Ball Park sign renewal One season $175.00 $187 $192 $198113 Ball Park sign renewal Two season $250.00 $267 $275 $284114 Ball Park Sign renewal Five Season $550.00 $587 $604 $624115 Special Event Sponsorships $100 - 5,000 $107-$5,340 $110-$5,495 $113-$5,671
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) Code Enforcement
6.80% 2.90% 3.20%
# Description Unit Notes Estimated Base Cost Year 2 Year 3 Year 41 Recordation of notices of violation. 1.40.030 PMC Actual cost Actual cost Actual cost Actual cost2 Cancelation of recorded notice of violation. 1.40.100 PMC Actual cost Actual cost Actual cost Actual cost3 Code enforcement lien - Recordation 1.60.020 PMC Actual cost Actual cost Actual cost Actual cost4 Enforcement hearing officer administrative costs 1.44.050 (B) PMC Actual cost Actual cost Actual cost Actual cost
5 Code Enforcement administrative costs (i.e.; inestigation, inspection, reinspection, title search, appeal hearing, and other processing costs) 1.40.070 (D) PMC Actual cost Actual cost Actual cost Actual cost
6 Notice of satisfaction - Recordation 1.48.030 PMC Actual cost Actual cost Actual cost Actual cost7 Nuisance abatement lien - Recordation 1.60.030 PMC Actual cost Actual cost Actual cost Actual cost8 Re-inspectin fees 1.64.020 PMC $40.00 $43 $44 $459 Massage establishment permit application fee 5.09.080 PMC $40.00 $43 $44 $4510 Vending on streets, sidewalks and private property - Permit 5.10.030 PMC $40.00 $43 $44 $4511 Vending on streets, sidewalks and private property - Fees 5.10.040 PMC $160.00 $171 $176 $18112 Property Maintenance fees 6.16.110 PMC $400.00 $427 $440 $45413 Registration of neglected vacant structure fee (New) (per resolution) 6.18.140 PMC $80.00 $85 $88 $9114 Registration of neglected vacant structure fee (Renewal) (per resolution)
6.18.140 PMC $80.00 $85 $88 $91
15 Trailers permit and license required 6.32.020 PMC $80.00 $85 $88 $9116 Cannabis for personal use administrative cultivation permit 6.57.030 (B) PMC $160.00 $171 $176 $18117 Cannabis for personal use administrative cultivation permit renewal fee 6.57.060 (C) PMC $80.00 $85 $88 $9118 Cannabis suboperator permit 6.58.050 (A) PMC $80.00 $85 $88 $9119 Cannabis suboperator permit application fee 6.58.050 (B) PMC $300.00 $320 $330 $34020 Animal in residential areas permit or renewal of a permit fees 7.58.060 PMC $300.00 $320 $330 $34021 Adult-related establishment permit 9.20.030 (A) (B) PMC $300.00 $320 $330 $340
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) 22 Adult-related establishment permit filing fee 9.20.040 (A) PMC $300.00 $320 $330 $340 23 Application for escort or figure model application fee 9.20.200 (A) PMC $300.00 $320 $330 $34024 Application for escort or figure model permit 9.20.200 (A) PMC $300.00 $320 $330 $34025 Cart continment plan review fees 9.26.070 PMC $300.00 $320 $330 $34026 Impound, retrieval, and administrative costs and fines - Impound fee 9.26.150 (D) PMC $240.00 $256 $264 $27227 Unattended collection bin permit 9.27.030 PMC $80.00 $85 $88 $9128 Fortunetelling permit 9.28.010 PMC $300.00 $320 $330 $34029 Permit required for private funeral escorts 10.42.080 (7) PMC $300.00 $320 $330 $340
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Attachment: Patterson User Fees 2024 - All Department Fees 12-17-24 (Resolution No. 2024-73 User Fees) City Council Agenda Report
TO:
FROM:
BY:
Mayor Clauzel and Members of the City Council
Fernando Ulloa, City Manager
Nubia Goldstein, City Attorney
MEETING DATE: December 17, 2024
ITEM NO: 8.1
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
At the December 3, 2024, City Council meeting, the Council directed staff to adjust the City Council Rules and Procedures Handbook to address a rotating interview panel for commission appointments and a process for adding items for the agenda. Staff has revised the Handbook to incorporate the proposed changes to pages 4,5,53, 54 of the Handbook for Council approval.
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
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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.
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.
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{CW015083.3} 1
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City of Patterson
City Officials’
Handbook
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Table of Contents
PART I: ADMINISTRATIVE GUIDELINES
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........................................................................................................................5
2. Parks, Recreation, and Beautification Commission ..........................................................................5
3. Economic Strategic Commission.......................................................................................................5
5. Senior Commission............................................................................................................................5 F. Appointment to Ad-Hoc/Special Assignment Committees...................................................................6
1. Policy .................................................................................................................................................6
2. Implementation ................................................................................................................................6
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Chapter 3: Support Provided to Council
A. Mail, Deliveries......................................................................................................................................7 B. E-mail/Voicemail...................................................................................................................................7 C. Councilmember Offices.........................................................................................................................7 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
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D. Enforcement of Misconduct ...............................................................................................................22
1. Rules Committee ............................................................................................................................22
2. Admonishment………………………………………………………………………………………………………………………..22
3. Reprimand………………………………………………………………………………………………………………………………..23
4. Censure……………………………………………………………………………………………………………………………………….24
5. Mayor's Misconduct…………………………………………………………………………………………………………………….26 Chapter 8: Anti-Harassment Policy
A. Anti Harassment Training – AB1661 ...................................................................................................27 B. 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: City Official - Interaction with Staff & Officials A. Overview .............................................................................................................................................34 B. Council-Manager Form of Government..............................................................................................34 C. Council-Manager Relationship............................................................................................................34
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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
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. Procedure........................................................................................................................................43
2. Affidavit of Posting…………………………………………………………………………………………………………………….43 D. Actions ................................................................................................................................................43
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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
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................................................................................................................48
6. CONSENT CALENDAR ......................................................................................................................48
7. PRESENTATIONS..............................................................................................................................49
8. PUBLIC HEARINGS ...........................................................................................................................49
9. CITY STAFF REPORTS .......................................................................................................................49
10. COUNCIL ITEMS………………………………………………………………………………………………………………………..49
11. OTHER MATTER……………………………………………………………………………………………………………………..49
12. ADJOURNMENT………………………………………………………………………………………………………………………50 B. Public Hearings:...................................................................................................................................49 C. Resolutions..........................................................................................................................................50
1. Definitions:......................................................................................................................................50
2. Recording Resolutions ....................................................................................................................50
3. Motion.............................................................................................................................................51
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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
4. Publishing........................................................................................................................................52 a. Exceptions to Publishing Requirement...........................................................................................53 F. Action on Agenda Items......................................................................................................................53 G. Items Placed on Written Agenda ........................................................................................................53 Chapter 14: Guidelines of Conduct
A. General Procedures ............................................................................................................................55 B. Presiding Officer..................................................................................................................................55 C. Seating Arrangement of the Council...................................................................................................55 D. Authority of the Presiding Officer.......................................................................................................55 E. Discussion Rules..................................................................................................................................55
1. Obtaining the Floor.........................................................................................................................55
2. Questions to Staff ...........................................................................................................................55
3. Interruptions...................................................................................................................................55
4. Discussion Limit...............................................................................................................................56
5. Tabling Procedures .........................................................................................................................56
6. Right of Protest...............................................................................................................................56 F. Motions:..............................................................................................................................................56
1. Procedure for Motions....................................................................................................................56
2. Precedence of Motions...................................................................................................................56
3. Motions Introducing Ordinances....................................................................................................57 G. Voting Procedures...............................................................................................................................58
1. Abstention:......................................................................................................................................58
2. Tie Votes .........................................................................................................................................58
3. Motion for Reconsideration............................................................................................................59
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H. Non-Observance of Guidelines...........................................................................................................59 I. Non-Exclusive Guidelines:...................................................................................................................59 Chapter 15: Addressing the Council
A. Oral Presentations by Members of the Public....................................................................................60 B. Public Comment..................................................................................................................................60
1. Timing..............................................................................................................................................60
2. City Matters ....................................................................................................................................60 C. Agenda Item Oral Presentation ..........................................................................................................60
1. Time Limit........................................................................................................................................61
2. Limit on Addressing the Council .....................................................................................................61
3. Presentations Submitted in Writing................................................................................................61
4. Written Comments of a Third Party................................................................................................61 D. Comments in Writing Encouraged......................................................................................................61
1. Repetitious Comments Prohibited..................................................................................................61 E. Speaker Time Limits for An Agenda Item............................................................................................61 F. Waiver of Guidelines...........................................................................................................................62 G. Decorum..............................................................................................................................................62 Chapter 16: Application of Rules to City Commissions & Other City Sponsored Publicly Held Meetings
A. Applicability of Rules...........................................................................................................................63 B. City Board Rules..................................................................................................................................63 C. Public Hearing Rules............................................................................................................................63 Appendix A..................................................................................................................................................64 ICMA Code of Ethics....................................................................................................................................64 Appendix B..................................................................................................................................................68 Travel Reimbursement Form ......................................................................................................................68
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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.
The City will implement a rotating system for Council Member participation in the interview and selection process for the appointment of advisory boards. Under this system:
1. A rotating selection of Council Members, along with the Mayor, will be invited to participate in the interview and selection process for candidates.
2. Following the interview and selection process, the final candidate(s) will be presented to the full City Council during a publicly noticed meeting for approval, in compliance with Brown Act requirements.
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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: Recommendation by Mayor and Interview panel, final approval by 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 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: Recommendation by Mayor and Interview panel, final approval by 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: Recommendation by Mayor and Interview panel, final approval by 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: Recommendation by Mayor and Interview panel, final approval by 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.
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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:
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.
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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.
Said correspondence shall not represent or include City endorsements, positions, etc. In addition, the Mayor may sign correspondence drafted by the City Manager which the City Manager believes is more appropriately signed by the City’s chief elected official. Such
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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
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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
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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,
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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
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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;
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
xxxi
5. Cancellation of Regular Meetings. Any meeting of the Council may be
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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
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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.
1. 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.
2 CALL TO ORDER
3. PLEDGE OF ALLEGIANCE
4. STATEMENTS OF CONFLICT
5. 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.
6. 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
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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.
7. PRESENTATIONS
8. PUBLIC HEARINGS
9. CITY STAFF REPORTS
10. COUNCIL ITEMS
11. OTHER MATTERS
12. ADJOURNMENT
B. 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.
C. 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.
2. Recording Resolutions: in addition to being referenced in the minutes, will
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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.
D. 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.
E. 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
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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
F. 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 G. 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 request an item to be placed on a future agenda for discussion and/or action. Such a request may be made through the following means:
1. During a Public Meeting: A Council Member may request agenda placement during Council deliberations, provided that the request is made and noted publicly and in compliance with open meeting requirements.
2. Direct Communication with the City Manager or Designated Staff: A Council Member may communicate their request to the City Manager for placement on an upcoming agenda, ensuring that the proposed item adheres to the established timeline and procedural guidelines for agenda preparation.
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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.
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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,
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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.
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