Current Proposed
FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Fire Services 15% 15% 15% 15% 15% 15%
Police Services 74% 74% 74% 74% 74% 74%
Parks Services 9% 9% 9% 9% 9% 9%
Administration 2% 2% 2% 2% 2% 2%
Each service receives its appropriate share of the adopted revenue amount each year and that balance is restricted and carried over each year if / when revenues exceed expenditures. The following table summarizes estimated CFO fund balances as of June 30, 2022, the estimated revenue for next year broken out by Department percentage allocations, then netting out the estimated expenses to get to the required General Fund offset.
Estimated FY 2022-23 FY 2022-23 FY 2022-23
Balance on Estimated Estimated Required General
June 30, 2022 Revenue Expenditures Fund Offset
Fire $249 $142,397 $192,074 $49,677
Police 1,701 702,493 777,105 74,612
Parks 415 85,438 73,232 (12,206)
Administration 663 18,986 18,000 (986)
Total $3,028 $949,315 $1,060,411 $111,096
FISCAL IMPACT
If the maximum rate allowable is established, which is recommended to remain unchanged from the current year, the FY 2022-23 General Fund budget will realize an estimated expenditure relief of $949,315 for Fire, Police and Park services for parcels within the CFO boundary.
Attachments 1. Resolution No. 2022-038
2. Fire, Police, Parks & Administration FY 2022-23 Budgetary Requirements
3. 2021 CPI-U for San Francisco-Oakland-Hayward
RESOLUTION NO. 2022-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY DETERMINING SPECIAL TAX RATES FOR FISCAL YEAR 2022-2023 FOR THE CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
WHEREAS, in proceedings heretofore conducted by this Council pursuant to the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), this Council on November 8, 2005, adopted a resolution entitled "A Resolution of the City Council of the City of Reedley Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien" finalizing the formation of the City of Reedley Community Facilities District No. 2005-1 (Public Services) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"); WHEREAS, the City Clerk executed and caused to be recorded in the office of the County Recorder of the County of Fresno a notice of special tax lien in the form required by the Law.
WHEREAS, Maximum Special Tax Rates were established as follows:
Category I includes each Developed Parcel within the District for which a building permit has been issued prior to July 1 of the current Fiscal Year. Said Maximum Special Tax shall increase each Fiscal Year thereafter by an inflation factor which is the Annual All Urban Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward area.
TABLE 1
MAXIMUM SPECIAL TAX FISCAL YEAR 2022-23
CATEGORY I
S ecial Tax Per Dwellin Unit/ Acre
DEVELOPMENT TYPE
Single Family Residential
er dwellin unit
Multi-Family Residential
er dwellin unit
Non-Residential
ross buildin s uare foot
Affordable Housing
er dwellin unit
Infill Non-Residential
(per buildin square foot)
SPECIAL MAXIMUM TAX RATE
$ 1,130.7032
$ 840.3875
$ 0.3056
$ 565.3516
$ 0.1528
Category II includes each Parcel within the District that is not included in Category I.
The Maximum Special Tax that may be levied annually on Taxable Property in Category II beginning with the Fiscal Year starting July 1, 2022 ending June 30, 2023 is as set forth in Table 2 below per Net Developable Acre (said amount to be levied prorata for any portion of an acre). Said special tax shall increase each Fiscal Year thereafter by an inflation factor which is the Annual All Urban Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward area.
TABLE 2
MAXIMUM SPECIAL TAX FISCAL YEAR 2022-23
CATEGORY II
Special Tax Per Net Developable Acre
$ 916.7864 per acre
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REEDLEY AS FOLLOWS:
1. The following Special Tax Rates shall be levied for the ensuing 2022-2023 fiscal year on all eligible properties in the District per the Rate and Method of Special Tax.
ADOPTED SPECIAL TAX FISCAL YEAR 2022-23
CATEGORY I
S ecial Tax Per Dwellin Unit/ Acre
DEVELOPMENT TYPE SPECIAL TAX RATE
Single Family Residential
er dwellin unit
Multi-Family Residential
er dwellin unit
Non-Residential
ross buildin s uare foot
Affordable Housing
er dwellin unit
Infill Non-Residential
$ 963.00
$ 717.00
$ 0.26
$ 486.00
$ 0.13
ADOPTED SPECIAL TAX FISCAL YEAR 2022-23
CATEGORY II
S ecial Tax Per Net Develo able Acre
$ 782.00 per acre
2. This Resolution shall take effect upon its adoption.
This Resolution was duly passed, approved, and adopted by the City Council of the City of Reedley this 26th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
3 Date:
To:
From:
Subject:
MEMORANDUM
April 11, 2022
Paul Melikian, Assistant City Manager
Jose L. Garza, Chief of Police
OFFICE OFTHECHIEFOF POLICE
843"G" Street
Reedley, CA 93654
Community Facility District Budget Needs: 2022-2023 Fiscal Year In a review of the estimation of housing being assessed in the 2022-2023 fiscal year, it has been determined 570 new single-family parcels, 115 affordable housing units, and 118 multi-family units would be part of that assessment. In determining the impact the new housing would have on the police department, I calculated that the city of Reedley would grow by a population of approximately 2,537 new residents. This calculation utilized the Fresno County person per household average of 3.16 population increase per home.
The police department responded to 28,782 calls for service in 2021 (1.1 calls per resident with a population of 25,811), which increased by 1% compared to 2020. If all homes were occupied, the housing increase would increase the population to 28,348, which means the police department would respond to approximately 1.0 calls for service for each new resident per year.
In calculating the cost, for police services, our calls for service would increase, compared to the previous year, with the additional 2,428 residents possibly creating an additional 2,428 calls for service. On average, each call cost the police department $320.06, adjusted 3% from the previous year, for a total service cost of $777.105.The cost would include the time required for an officer to handle an incident, dispatching time, records clerk input time, fuel costs, supervision, etc. The cost is a very conservative figure, which does not consider the increased standard preventative patrol time associated with new homes, increased traffic created by new residents, and commuter traffic frequenting commercial establishments.
Respectfully,
2022 Integrity, Service, Professionalism and Commitment Page 1 of 1 DATE: April 6, 2022
REEDLEY FIRE DEPARTMENT
FIRE ADMINISTRATION
1060 D STREET, REEDLEY CA 93654
JERRY ISAAK, CHIEF
MEMORANDUM
TO: Paul Melikian, Assistant City Manager
RE: Community Facilities District Projected Expenditures FY 2022 / 2023 The CFO as adopted per Resolution 2005-109 and governed by Section 53311.5 of the Government Code of the State of California (The Act) specifically states that the first priority for the funds are for fire and emergency medical services, then police and public safety, and finally park maintenance. More specifically: (i) fire protection and suppression services; (ii) emergency medical services including ambulatory services; (iii) community information with regard to public safety; (iv) earthquake and other emergency relief programs; (v) other public safety services, including police protection services, authorized to be funded under Section 53313(a) or (b) of The Act; (vi) park operation and maintenance expenses; and, (vii) repair and replacement of park facilities.
Based on current estimates, the impact on the Fire Department to provide services for the district is estimated to be $192,074.00. This is based on applying Fire Department personnel costs and associated operating expenses for administration, equipment, training, planning and maintenance to respond within the district. Any balance is reserved to provide an allowable buffer and funding of future Fire Department services and maintenance.
April 18, 2022
To: Paul Melikian, Assistant City Man~ger
Dear Mr. Melikian
City of Reedley
Public;: WQfks Department
1733 Ninth Street
Reedley.CA 93654
(559) 637,4200
FAX 637-2139
Re: Community Facilities District- Parks Maintenance Services The City of Reedley anticipates that approximately 570 single family units,. 9 multiple family units, 115 Affordable Housing Units, and 36 nonresidential properties will be served under the CFD in the 2022-2023 budget year.
In review of services provided, it is determined that the Parks Maintenance Department will provide services in excess of $73,232 for the 2022-23 fiscal year. This amount was calculated by applying the cost of personnel (part time and full-time parks maintenance workers), equipment, fuel, and vehicle maintenance costs.
1itted,
DATE: April 18, 2022
TO: Community Facilities District 2005-01 File
Administrative Services Department
845 G. St, Reedley CA 93654
FROM: Paul A. Melikian, Assistant City Manager ~
SUBJECT: FY 2022-23 CFO Administration Costs
The total projected costs for administration of the Community Facilities District for the 2022-23 fiscal year is $18,000, as follows:
Annexations - $8,000
The following item is associated with each processing of a CFO annexation. It is estimated that the City will process one to two per year. The processes incur costs of approximately $7,500 to a consultant to conduct all aspects of the annexation process. $500 is allocated to legal review of recorded annexations.
Annual CFO Administration Services - $10,000
The annual cost of administering the CFO, including annual CPI adjustments, auditing, financial administration, preparation of Annual Special Tax Report and tax roll reporting is $10,000.
CPI for All Urban Consumers (CPI-U)
Original Data Value
Series Id: CUURS49BSA0
Not Seasonally Adjusted
Series Title: All items in San Francisco-Oakland-Hayward, CA, all Area: San Francisco-Oakland-Hayward , CA
Item: All items
Base Period: 1982-84=100
Years: 2012 to 2022
Year Jan Feb Mar Apr May
2012 236.880 238.985
2013 242.677 244.675
2014 248.615 251.495
2015 254.910 257.622
2016 262.600 264.565
2017 271 .626 274.589
2018 281 .308 283.422
2019 291.227 294.801
2020 299.690 298.074
2021 304.387 309.419
2022 320.195
Source: Bureau of Labor Statistics
Bureau of Labor Statistics
Jun Jul Aug
239.806 241.170
245.935 246.072
253.317 253.354
259.117 259.917
266.041 267.853
275.304 275.893
286.062 287.664
295.259 295.490
300.032 300.182
309.497 311.167
Sep Oct Nov Dec Annual HALF1 HALF2
242.834 239.533 239.650 238.099 241 .201
246.617 245.711 245.023 243.894 246.152
254.503 252.273 251 .985 250.507 253.463
261 .019 260.289 258.572 256.723 260.421
270.306 269.483 266.344 263.911 268.777
277.570 277.414 274.924 273.306 276.542
289.673 289.896 285.550 282.666 288.435
298.443 297.007 295.004 293.150 296.859
301.736 302.948 300.084 299.109 301.059
313.265 315.805 309.721 306.724 312.718
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
April 26, 2022
OC) Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: l \ ----
SECOND READING AND ADOPTION OF ORDINANCE NUMBER
2022-003 OF THE CITY OF REEDLEY APPROVING A MILITARY
EQUIPMENT USE POLICY PER CALIFORNIAASSEMBLY BILL
NUMBER 481.
Jose L. Garza, Chief of Police~
Nicole R. Zieba, City Manager
RECOMMENDATION
Staff recommends that the City Council approve the second reading and adoption of Ordinance Number 2022-003 of the City of Reedley approving a Military Equipment Use policy per California Assembly Bill Number 481 . The introduction and first reading of the ordinance occurred on April 13, 2022.
BACKGROUND
Assembly Bill 481 (AB 481), codified Government Code sections 7070 through 7075 requiring a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a "military equipment" use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment. The Reedley Police Department seeks City Council adoption of the attached Military Use Policy - Policy 708, in order to allow the Reedley Police Department to continue using vital equipment specified therein.
Items deemed to be "military equipment" by AB 481 are used as a component of overall best practices for LEA's throughout the country. These tools have been tested in the field, and are used by LEA's to enhance community safety and officer safety. Loss of these items would jeopardize the welfare of our community and peace officers within the Reedley Police Department.
The term "military equipment", as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be
"military equipment" include, but are not limited too, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal 40 mm projectile launchers, and distraction devices.
The Reedley Police Department is committed to using the most up to date tools and equipment to safeguard the community of Reedley. Many of the items deemed to be "military equipment" by AB 481 are in fact employed by the Reedley Police Department, and LEA's across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items referenced in this report, and accompanying Military Equipment Policy, also provide the Reedley Police Department with vital tools that facilitate compliance with its stringent use of force policy.
FISCAL IMPACT
The approval of this ordinance will not incur any additional funds as this ordinance authorizes pre-existing purchased or acquired equipment deemed "military equipment" by AB481 . The purchase of any future equipment deemed "military equipment" will be brought to the Reedley City Council in a prepared staff report or as part of the annual budget proposal.
ATTACHMENTS
Ordinance 2022-003
Reedley Police Policy section 708
List of equipment deemed "military equipment" by AB 481
ORDINANCE NO. 2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADDING A NEW CHAPTER 14 TO TITLE 5 OF THE REEDLEY MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF "MILITARY EQUIPMENT" WHEREAS, on September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law; and
WHEREAS, AB 481 and California Government Code Sections 7070, through 7072 require that the City Council of the City of Reedley approve a Military Equipment Use Policy by ordinance; and
WHEREAS, the amendment of Title 5 (Police and Public Safety) to add Chapter 14 Military Equipment Use Ordinance is necessary to comply with the requirements of AB 481 and California Government Code Sections 7070 through 7072.
BE IT ORDAINED by the Council of the City of Reedley as follows:
SECTION 1. Chapter 14 of Title 5 of the Reedley Municipal Code is added to read as follows:
Title 5
POLICE AND PUBLIC SAFETY
Chapter 14
"MILITARY EQUIPMENT" USE ORDINANCE
5-14-1: NAME OF ORDINANCE
5-14-2: DEFINITIONS
5-14-3: MILITARY EQUIPMENT USE POLICY REQUIREMENT
5-14-4: USE IN EXIGENT CIRCUMSTANCES
5-14-5: REPORTS ON THE USE OF CONTROLLED EQUIPMENT
5-14-6: ENFORCEMENT
5-14-7: SEVERABILITY
5-14-1: NAME OF ORDINANCE
A. This Ordinance shall be known as the Military Equipment Use Ordinance. 5-14-2: DEFINITIONS
A. "Military Equipment" includes all of the following (Per CA Gov. Code §7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. "City" means any department, agency, bureau, and/or subordinate division of the City of Reedley.
C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Reedley Police Department.
D. "City Council" means the governing body that is the Reedley City Council.
E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution.
H. "Type" means each item that shares the same manufacturer model number. 5-14-3: MILITARY EQUIPMENT USE POLICY REQUIREMENT
A. The Reedley Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 ( commencing with Section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Reedley.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Reedley Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Reedley Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
C. In seeking the approval of City Council, the Reedley Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Ralph M. Brown Act (Chapter 9 ( commencing with Section 54950) of Part 1 of Division 2 of Title 5).
E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
G. The City Council shall review any ordinance that is has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). 5-14-4: USE IN EXIGENT CIRCUMSTANCES
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
5-14-5: REPORTS ON THE USE OF MILITARY EQUIPMENT
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in the annual Military Equipment Report as not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization of or that type of Military Equipment or require modification to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
5-14-7: SEVERABILITY
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.
B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.
SECTION 2. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen ( 15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
* * * * * *
I II
Ill
I II
I II
The foregoing ordinance was introduced at a regular meeting of the City Council held on April 12, 2022, and was adopted at a regular meeting of said Council held on April 26, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Equipment Owned by the Reedley Police Department listed in AB 481 Equipment Type: Unmanned Aircraft Systems (UAS/Drones} - CA Gov't Code §7070(c}(1} Quantity Owned/Sought: 3 owned
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FUR} and optical zoom lenses.
Manufacturer Product Description:
DJI MAVIC Enterprise Advanced: Powerful, industrial-grade flight platform with world class agility and speed. The aircrafts visual sensors enable enhanced hovering precision. This platform comes with a Thermal Forward Looking Infra Red (FUR} system which allows use at night or in low light situations.
DJI MAVIC Pro 2: This product is a commercially purchased UAS platform equipped with a camera capable of still photography or video.
DJI Spark: This product is a commercially purchased UAS platform equipped with a camera capable of still photography or video. This UAS is small than the other two UAS's allowing it to be flown indoors and deployed easily.
Purpose/ Authorized Uses: UAS/Drones may be utilized to enhance the Department's m1ss1on of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $10,000. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $5,000 per year.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA} regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure}. Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: Prior to piloting any UAS/Drone staff members must complete all training required by our FAA COA.
Compliance: The Chief of Police will ensure compliance with the military use policy. Violations of this policy will be dealt with according to department policies .
Other Notes: Lifespan for UAS's platforms are approximately 2-3 years due to ever-changing technology.
Equipment Type: Unmanned Remotely Powered Ground Vehicles - CA Gov't Code §7070(c}(l) Quantity Owned/Sought: 1 owned
Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Manufacturer Product Description:
PACBOT robot model#BB2590: Multi mission tactical mobile robot developed by Endeavor Robotics.
Capable of performing surveillance and reconnaissance for first responders and capable of performing in any type of weather. Robot is controlled remotely with joysticks and cameras viewed on a laptop computer.
Purpose/ Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment acquired through the federal government 1033 program.
Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances operators and observes shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g. residence, yard, or enclosure).
Training Required: Prior to piloting any unmanned remotely powered ground vehicles, staff members must complete all required training.
Compliance: The Chief of Police will ensure compliance with the military use policy. Violations of this policy will be dealt with according to department policies.
Other Notes: Life Span approximately 10 years.
Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't Code §7070(c)(14)
Quantity Owned/Sought: 1 owned I Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.
Manufacturer Product Description: Exact Impact 40MM launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single-shot, spring-advance multi, and pump-advance multi-versions.
Purpose/ Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $2,100. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Crowd Control.
Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.
Compliance: The Chief of Police will ensure compliance with the military use policy. Violations of this policy will be dealt with according to department policies.
Other Notes: None.
Equipment Type: Flash bang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov't Code §7070(c)(12)
Quantity Owned/Sought: 5 bodies & 10 reloads I Lifespan: Unknown.
Equipment Capabilities: Capable of creating explosive distractions.
Manufacturer Product Description: DefTec
Purpose/Authorized Uses: Typically known as "flashbangs" are non-bursting, non-fragmenting multibang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during high-risk entry, hostage rescue, room entry or high-risk arrest situation.
Fiscal Impacts: Each body (model #260/8933) cost $55 but are reusable if recovered. The reloadable inserts are approximately $20 each.
Legal/Procedural Rules Governing Use: The use of distractions devices to be lawful, will generally need to be supported by a search or arrest warrant, or exigent circumstances. Distractionary devices can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
Training Required: Only members of the Reedley Police Department who have been properly trained may deploy distraction devices. Use of any distraction device must be documented within a police report.
Compliance: The Chief of Police will ensure compliance with the military use policy. Violations of this policy will be dealt with according to department policies.
Other Notes: None
Policy Reedley Police Department
708 Reedley PD Policy Manual
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of specific equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body - The elected or appointed body that oversees the Agency.
Military equipment - Includes but is not limited to the following:
Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants.
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 3051 O and Penal Code § 30515, with the exception of standard-issue firearms.
Any firearm or firearm accessory that is designed to launch explosive projectiles.
Noise-flash diversionary devices and explosive breaching tools.
Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
Kinetic energy weapons and munitions.
Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexlpol, LLC 2022/03/11, All Rights Reserved.
Published with permission by Reedley Police Department ***DRAFT*** Military Equipment - 1 Reedley Police Department
Reedley PD Policy Manual
Military Equipment
Notwithstanding Government Code § 7070 paragraphs (1) through (15), "Military Eguipment" does not include general eguipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
708.2 POLICY
It is the policy of the Reedley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to specific equipment. 708.3 SPECIFIC EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the specific equipment coordinator. The responsibilities of the specific equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as specific equipment in the current possession of the Agency, or the equipment the Agency intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all specific equipment at least annually. (d) Collaborating with any allied agency that may use specific equipment within the jurisdiction of Reedley Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual specific equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code§ 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of specific equipment, and how the Agency will respond in a timely manner.
708.4 SPECIFIC EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Agency:
[Insert attachment here]
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the specific equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed specific equipment policy is Copyright Lexlpol, LLC 2022/03/11, All Rights Reserved.
Published with permission by Reedley Police Department ***DRAFT*** Military Equipment - 2 Reedley Police Department
Reedley PD Policy Manual
Military Equipment
submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the specific equipment at issue (Government Code§ 7071 ). The specific equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code§ 7071):
(a) Requesting specific equipment made available pursuant to 1 0 USC§ 2576a. (b) Seeking funds for specific equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
( c) Acquiring specific equipment either permanently or temporarily, including by borrowing or leasing.
( d) Collaborating with another law enforcement agency in the deployment or other use of specific equipment within the jurisdiction of this department. (e) Using any new or existing specific equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of specific equipment.
(g) Acquiring specific equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Specific equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the specific equipment is approved for use in accordance with this policy.
Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military use policies in rendering mutual aid. 708. 7 ANNUAL REPORT
Upon approval of a specific equipment policy, the Chief of Police or the authorized designee should submit a specific equipment report to the governing body for each type of specific equipment approved within one year of approval, and annually thereafter for as long as the specific equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual specific equipment report publicly available on the department website for as long as the specific equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of specific equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Agency should discuss the report and respond to general questions regarding the funding, acquisition, or use of specific equipment.
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.
Published with permission by Reedley Police Department ***DRAFT*** Military Equipment - 3 Reedley Police Department
Reedley PD Policy Manual
Military Equipment
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit guestions about the use of each specific type of Military Eguipment in this policy by any of the following means:
1.) Via email to: [email protected]
2.) Via phone call to: (559) 637-4200 ext. 293
3.) Via USPS mail to: Reedley Police Department
Attn: Military Eguipment Use Coordinator
843 "G" Street
Reedley, CA 93654
Copyright Lexipol, LLC 2022/03/11 , All Rights Reserved.
Published with permission by Reedley Police Department ***DRAFT*** Military Equipment - 4 DATE: April 26, 2022
REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: _ \_2=--
TITLE: HOLD A PUBLIC HEARING AND CONSIDER ADOPTING RESOLUTION NO. 2022- 033 ORDERING THE DISSOLUTION OF ZONES B, D, AND F FROM THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 COMMENCING IN FISCAL YEAR 2022-2023
SUBMITTED: Marilu S. Morales, P.EA_,U
City Engineer t(
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council hold a public hearing to receive public comment and upon determination that a majority protest does not exist, adopt Resolution No. 2022-033 ordering the dissolution of Zones B, D, and F from the City of Reedley Landscaping and Lighting Maintenance District No. 1 commencing in fiscal year 2022-2023 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.
BACKGROUND
On April 12, 2022, City Council approved Resolution No. 2022-028 declaring its intention to order the dissolution of Zones B, D, and F from the City of Reed Reedley's Landscaping and Lighting Maintenance District (LLMD) No. 1 and setting the public hearing on April 26, 2022 for the dissolution of Zones B, D, and F.
In order to maintain and provide for on going costs for the existing landscaping, street trees, and street light utility costs within the public right of way Zone DD was annexed into the City of Reedley LLMD No. 1 on November 9, 2021. Property owners within Zone DD are assessed an annual fee through their property tax for the maintenance costs associated with the items. Zones B, D, and F are encompassed by Zone DD, therefore, the dissolution of Zones B, D, and F will ensure the property owners are not double assessed for the maintenance costs.
Per Section 22610 of Section 15 of the California Streets and Highways Code, if City Council orders the dissolution of an assessment zone, any moneys in the fund(s) associated with the zone shall be transferred to the general fund of the local agency. The fund balance amount for Zones B, D, and F is estimated to be $6,934 as of June 30, 2022. This amount would be transferred to the General Fund.
FISCAL IMPACT
The fund balance of Zones B, D, and F estimated to be $6,934 will be transferred to the General Fund, where they will be used to supplement efforts in Zone DD. The cost to process this dissolution is minor due to staff preparing the items.
PRIOR COUNCIL ACTIONS
On November 9, 2021, the City Council adopted Resolution No. 2021-116 annexing territory into the City of Reedley Landscaping and Lighting Maintenance District No. 1 as Zone DD.
On April 12, 2022, the City Council adopted Resolution No. 2022-028 declaring the intention to order the dissolution of Zones B, D, and F from the City of Reedley Landscaping and Lighting Maintenance District No.1 and setting a time and place for a public hearing.
ATTACHMENTS
1. Resolution No. 2022-033, ordering the dissolution of Zones B, D, and F from the City of Reedley Landscaping and Lighting Maintenance District No. 1 commencing in fiscal year 2022-2023.
RESOLUTION NO. 2022-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ORDERING
THE DISSOLUTION OF ZONES B, D, AND F FROM THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 COMMENCING IN FISCAL YEAR 2022-2023
WHEREAS, in Fiscal Years 1991-1992 and 1994-1995, the City Council by previous Resolutions formed/annexed the City of Reedley Landscaping and Lighting Maintenance District No. 1 Zones B, D, and F (hereinafter referred to as the "Zones"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act"); and WHEREAS, since formation/annexation there have been no development activities in the Zones; and
WHEREAS, the City Council, by a previous Resolution, declared its intention to dissolve the Zones;and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, approves Resolution No. 2022-033 based on the following:
1. The City Council following notice duly given, has held a full and fair Public Hearing regarding dissolving of Zones B, D and F from the City of Reedley Landscaping and Lighting Maintenance District No. 1 and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters. There were no majority protests regarding the dissolution of the Zone B, D and F.
2. The City Council herby orders that Zones B, D and F be dissolved from the City of Reedley Landscaping and Lighting Maintenance District No. 1.
3. The City Council orders any moneys in the Zones fund be transferred to the General Fund of the City of Reedley.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 26th day of April 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
DATE: April 26, 2022
REEDLEY CITY COUNCIL
D Consent
.@ Regular Item
I } Workshop
D Closed Session
D Public Hearing
ITEM NO: \3
TITLE: APPROVE SECOND AMENDMENT TO AMENDED CITY MANAGER
EMPLOYMENT AGREEMENT
SUBMITTED: Nicole R. Zieba, City Manager
RECOMMENDATION
That the City Council approve the Second Amendment to the Amended City Manager Employment Agreement.
BACKGROUND
The City Manager's Employment Agreement covers terms and conditions of the working relationship between the City of Reedley and the City Manager. The City Manager's Employment Agreement was first approved in 2011. Periodically, and generally when the City Manager's performance review is conducted, the Agreement is reviewed for consistency with State and federal laws. While it has been reviewed more recently and termination provisions were amended in 2020 to account for changes in law, the last time compensation was addressed in the City Manager's Employment Agreement was 2016.
During the City Manager's most recent employment appraisal and subsequent discussion of compensation matters, the parties discussed the continued employment of the City Manager and incentivizing the City Manager to remain with Reedley to ensure continuity of leadership. There was also discussion about the Employment Agreements of City Managers in the surrounding areas, and the desire to not fall too far behind what other City Managers are provided. The attached Second Amendment to the Amended City Manager Employment Agreement will not increase the City Manager's annual salary, but will establish a 401 (A) Deferred Compensation plan for the City Manager with a 5-year vesting schedule, wherein the City Manager shall only be eligible to receive the benefit at the end of the 60th month, or if her employment is terminated by the City Council without cause. This provision, and similar deferred compensation provisions, can be found in the City Manager Employment contracts of cities such as Kingsburg, Selma, Farmersville, and several others.
FISCAL IMPACT:
On the effective date of the City Manager's 401 (A) Plan, the City shall fund the 401 (A) Plan with an amount equal to 50% of 5 years of the maximum 457(8) Plan contribution City Manager can make to her 457(8) Plan on the date 401 (A) Plan becomes effective. City shall cover any employer-related expense in establishing and/or administering this benefit.
SECOND AMENDMENT TO THE AMENDED CITY MANAGER
EMPLOYMENT AGREEMENT
This Second Amendment to Amended City Manager Employment Agreement ("Second Amendment") is entered into by and between the City of Reedley, a California municipal corporation ("City"), and Nicole R. Zieba ("Zieba"), and is effective as of April 26, 2022 ("Effective Date").
A. On August 22, 2011, City and Zieba entered into that certain City Manager Employment Agreement ("Agreement").
B. On November 27, 2012, City and Zieba entered into a First Amendment to City Manager Employment Agreement ("First Amendment to Agreement"). c. On August 13, 2013, City and Zieba entered into a Second Amendment to City Manager Employment Agreement ("Second Amendment to Agreement") which is incorporated herein by this reference.
D. On November 8, 2016, City and Zieba entered into a comprehensive Amended City Manager Employment Agreement ("Amended Agreement") which replaced and superseded the Agreement, First Amendment to Agreement, and Second Amendment to Agreement, which Amended Agreement is incorporated herein by reference.
E. On October 27, 2020, City and Zieba entered into a First Amendment to the Amended Agreement ("First Amendment to Amended Agreement").
F. City and Zieba both desire to make amendments to the Amended Agreement.
NOW, THEREFORE, in view of the above recitals and in consideration for the mutual promises set forth in the Amended Agreement and herein. City and Zieba agree as follows:
1. Addition to Section 5, "Health, Retirement, and Other Benefits". Section 5 of the Amended Agreement is amended to include:
City relies upon the experience, knowledge, ability, and services of City Manager and desires to provide an incentive to encourage her continued employment with City. Therefore, as soon as practicable after the approval of this Amendment by the City Council, the City will establish a 401(A) Plan for Zieba. On the effective date of the 401(A) Plan, the City shall fund the 401(A) Plan with an amount equal to 50% of 5 years of the maximum 457 Plan contribution Zieba can make to her 457 Plan on the date 401(A) Plan becomes effective. City shall cover any employer-related expense in establishing and/or administering this benefit. Zieba shall have no vested rights in the 401(A) Plan, (including without limitation, the right to withdraw funds out of the 401(A) Plan) until the last day of the 60th month after the effective date the 401(A) Plan ("Vesting Date"), provided Zieba is an employee of the City on the Vesting Date, except however, should Zieba's employment with the City be involuntarily terminated (other than for "Cause" as defined in Amended Agreement), the Vesting Date shall be the date of termination of Zieba's employment with the City.
All Other Terms Remain in Effect. Except as otherwise expressly provided herein, all other terms and conditions of the Amended Agreement and First Amendment shall remain in full force and effect, and shall be interpreted so as to give full force and effect to this Second Amendment.
IN WITNESS WHEREOF, City and Zieba have approved and executed this Second Amendment on the Effective Date set forth above.
CITY:
CITY OF REEDLEY, a California Municipal
Corporation
BY~:-~-~~~--------- Mary Fast, Mayor
CITY MANAGER:
BY : __ ~N~ic-o~le-R-.-z-ie~b-a-
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
April 26, 2022
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
D Receive/Review
ITEM NO: \4 ----
ADOPT RESOLUTION NO. 2022-034 OF THE CITY COUNCIL OF THE CITY
OF REEDLEY ESTABLISHING A DEFERRED COMPENSATION MATCHING
PLAN FOR ALL ELIGIBLE FULL-TIME EMPLOYEES
Paul A. Melikian, Assistant City Manager ~
Nicole R. Zieba, City Manager v=
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2022-034 establishing a deferred compensation matching plan for all eligible full-time employees, effective July 1, 2022, and authorizing the City Manager to execute all necessary agreements with MissionSquare Retirement for the implementation and ongoing administration of the Plan.
EXECUTIVE SUMMARY
The use of deferred compensation matching plans has been increasing since the California Public Employees' Pension Reform Act (PEPRA) of 2012, which took effect in January 2013, which limits pension benefits. While PEPRA will benefit public agencies financially over the long-term, employees hired under the new retirement formulas will not have the opportunity to build the same level of retirement security. Currently about 61 % of active full-time City employees are covered under PEPRA retirement plans, and this percentage grows with each passing year.
The City of Reedley currently does not contribute to a deferred compensation plan on behalf of employees. Staff surveyed 14 nearby cities , and found that 10 have some type of matching program in place. Deferred compensation matching is a common benefit amongst public agencies in California, and a proven tool for employee recruitment and retention .
Most surrounding cities that have a program in place contribute (match) a percentage of base salary in the 3.0%-7.0% range, however some have fixed dollar amounts in place. Should the City Council adopt the attached resolution, effective July 1, 2022, the City will begin matching eligible full-time employee 457 (b) plan voluntary contributions up to 2.0% of eligible full-time employee's base wages with a fiveyear vesting requirement. Although 2.0% of base wages is at the low end of the benefit found in nearby agencies, staff would like to begin this program slowly in order to evaluate the potential additional costs that may impact the budget. If approved, staff would work to educate employees and implement the benefit in the first year. Staff will be able to measure ongoing costs more accurately in the future and recommend further changes to the benefit, if appropriate, to enhance the City's recruitment and retention efforts while balancing financial considerations. Should the City experience fiscal crises in the future, the program can be suspended.
BACKGROUND
The City currently offers 457(b) deferred compensation plans through two providers, MissionSquare Retirement (formerly ICMA-RC) and Nationwide, where eligible full-time employees may make voluntary pre-tax contributions to a defined contribution retirement plan. These plans are in addition to and separate from defined benefit pension plans from the California Public Employees' Retirement System (CalPERS). The City does not currently contribute to the deferred compensation plans, other than providing ongoing administration and oversight of the benefit.
Generally accepted advice from financial planning professionals is that retirement security is achieved through diversification of retirement income. Although full-time employees participate in defined benefit pension plans through the CalPERS and future Social Security benefits, the positive compounding effects of pre-tax contributions over the course of a career to a deferred compensation plan are an invaluable hedge against an uncertain future.
Eligible full-time employees may participate in the plan at any time during employment with the City; however, employees will be subject to a cumulative five-year (60 month) service vesting requirement for ownership of City matching contributions. Service must be in a full-time capacity. Matching contributions made by the City will revert to the City if the employee fails to meet the service vesting requirement for any reason except upon death of the employee. It is important to note that since the benefit would be authorized and established by resolution, the City Council retains the flexibility, in its sole and absolute discretion, to modify, suspend, or terminate the plan, including, but not limited to, benefit levels, vesting, or eligibility requirements. That is, the benefit would be established by Council resolution only, and not placed into any employment contracts for maximum flexibility in the future to alter, pause, or do away with the benefit should the City experience adverse financial conditions.
FISCAL IMPACT
The cost to the City of matching contributions is dependent upon employee participation, as the City would not pay a matching contribution unless the employee contributes on a pre-tax basis to the plan.
Currently, the City has 14 full-time employees participating in the existing deferred compensation program that does not have a City match; and, as of this writing there are 106 full-time employees who would be eligible to participate. Based on estimates of participation, a 2.0% match program is estimated to cost in the range of $90,000-$110,000/year. This benefit is not pensionable; however, matching City contributions are subject to social security and Medicare taxes of 7.65%.
All full-time employees will be subject to a cumulative five-year (60 month) service vesting requirement for ownership of City matching contributions. If an employee separates from City service for any reason before meeting the service vesting requirement, the matching contributions portion of the plan shall revert to the City, except upon death of the employee. The employee retains full ownership of any contributions they make to the plan, regardless of vesting status.
ATTACHMENTS
Resolution No. 2022-034
RESOLUTION NO. 2022-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ESTABLISHING A DEFERRED COMPENSATION MATCHING (PROFITSHARING) PLAN FOR ALL ELIGIBLE FULL-TIME EMPLOYEES WHEREAS, the City of Reedley (the "City") has employees rendering critical and valuable services to the community; and
WHEREAS, the establishment of a profit-sharing plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its profit-sharing retirement plan be administered by MissionSquare Retirement:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley, that the City hereby establishes or has established a deferred compensation matching (profitsharing plan) (the "Plan") in the form of the MissionSquare Retirement Governmental ProfitSharing Plan, pursuant to the specific provisions of the Adoption Agreement and the following:
1. The Plan shall be maintained for the exclusive benefit of eligible full-time employees and their beneficiaries.
2. Effective July 1, 2022, the City shall match eligible full-time employee ICMA 457 (b) Plan voluntary contributions up to 2.0% of eligible full-time employee's base wages.
3. Eligible full-time employees may participate in the Plan at anytime during employment with the City.
4. All full-time employees shall be subject to a cumulative five-year (60 month) service vesting requirement for ownership of City matching contributions. Service must be in a full-time capacity. Matching contributions made by the City shall revert to the City if the employee fails to meet the service vesting requirement for any reason except upon death of the employee.
5. The City hereby adopts the Declaration of Trust of Vantage Trust Company dated May 2001 , intending this adoption to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the Plan are to be invested in the trust created by such Declaration of Trust (the "Vantage Trust") that provides for the commingled investment of retirement funds.
6. The City hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the VantageTrust or in any other qualified investment fund options for the plan; and
7. The City Manager/ Assistant City Manager shall be the coordinator for the Plan; shall receive reports, notices, etc., from MissionSquare Retirement or the VantageTrust; shall cast, on behalf of the Employer, any required votes under the VantageTrust; may delegate any administrative duties relating to the Plan to appropriate departments.
8. The City Manager is hereby authorized to execute all necessary agreements with MissionSquare Retirement incidental to the implementation and ongoing administration of the Plan.
9. The City Council of the City of Reedley hereby retains the right, in its sole and absolute discretion, to modify, suspend, or terminate the Plan, including, but not limited to benefit levels, vesting, or eligibility requirements contained herein by subsequent resolution.
10. This resolution shall be effective beginning on April 27, 2022, and shall remain in effect until modified, terminated, or rescinded by subsequent resolution of the City Council.
PASSED, APPROVED, and ADOPTED this 26th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary L Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution 2022-034 2
REEDLEY CITY COUNCIL
DATE: April 26, 2022
D Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
~ Receive/Review
ITEM NO: ----
TITLE: RECEIVE, REVIEW, AND FILE THE QUARTERLY INVESTMENT REPORT FOR 3rd QUARTER ENDING MARCH 31, 2022 FOR FISCAL YEAR 2021-22
SUBMITTED: Paul A. Melikian, Assistant City Manage~
APPROVED: Nicole R. Zieba, City Manager ~
RECOMMENDATION
That the City Council receive, review, and file the Quarterly Investment Report for 3rd Quarter Fiscal Year 2021-22, ending March 31, 2022, as required by the City's Investment Policy last adopted on March 22, 2022. No action is required other than to receive, review, and file the report.
EXECUTIVE SUMMARY
Portfolio earnings, net of fees, for 3rd quarter ending March 31, 2022 total ($684,811). The prior 3rd quarter net portfolio earnings for the same 12-month period one year ago (3rd quarter FY 2020-21) were ($17,148).
Interest rates have been severely impacted by the economic policy as a result of the pandemic, accounting for the steep drop off in year over year earnings; therefore, staff have reduced expectations for future income from portfolio earnings for the reminder of the fiscal year. It should be noted that no loss of principal has occurred during this time period as all investments are held to maturity. The Federal Reserve is moving aggressively to tighten monetary policy, with officials expecting to hike rates roughly six additional times this year. As interest rates rise, the City will be able to re-invest at higher rates and anticipates better portfolio performance beginning next fiscal year.
The attached investment/pooled cash report shows additional detail for cash balances by City fund. The 'treasury pool' for the City, representing the cumulative balance of all funds, totals $25,077,889 as of March 31, 2022, which is $1 ,295,090 higher than last quarter ending December 31, 2021. The treasury pool from the same 12-month period one year ago was $18,712,468 as of March 31, 2021. The first payment of funding from Coronavirus State and Local Fiscal Recovery Funds included in the Federal American Rescue Plan Act of 2021 were received by the City in July 2021, and the current cash balance is reflected on the attached Pooled Cash Report in Fund 025.
All financial investment instruments are constantly monitored and assessed for safety, liquidity and yield, It is important to note that the City's principal value of these investments are secure at all times, and the values that are being reported are the market values at a specific point in time. All investments in the portfolio are in compliance with the City's current Investment Policy, and staff does not anticipate any issues with regard to the City's ability to meet expenditure requirements for the next six months. (Government Code section 53646)
BACKGROUND
The cash balances in the funds are at a point in time only, and do not reflect pending receivable or payable amounts. All financial investment instruments are constantly monitored and assessed for safety, liquidity and yield. The City's idle funds are currently in principal safe investments that protect its pooled cash, such as a money market account at Five-Star Bank, rolling Certificates of Deposit through Multi-Bank Securities in various FDIC insured accounts, and the Central San Joaquin Valley Risk Management Authority investment pool, managed by Chandler Asset Management.
On March 22, 2022 the City Council approved the annual statement of investment policy. The policy includes a self-imposed, 'best practice' reporting requirement to implement a Government Finance Officers Association (GFOA) recommendation that an agency's investment policy explicitly require periodic reporting. The attached Pooled Cash Report for the end of 3rd quarter fiscal year 2021-22 shows cash balances/market value and interest earnings for every cash account and investment vehicle as of March 31, 2022. It is important to note that the pooled cash report also includes restricted funds such as American Rescue Plan Act funds, final remaining unused/'frozen' RDA bond proceeds, deposits in trust, funds held for groundwater treatment, and RDA Successor Agency funds. Full account statements for all accounts are on file with the Administrative Services Department and available for inspection at any time.
Cash balances are pooled for investment and banking purposes, as it is not practical to have separate investment accounts for each City fund. Interest earnings are apportioned to each City fund based upon the percentage that a particular fund balance makes up of the total. For instance, if the City's General Fund balance was 10% of the total cash balances of the City, it would be credited with 10% of the investment interest earnings for the period.
ATTACHMENTS
3rd Quarter Fiscal Year 2021-22 Investment/Pooled Cash Report
POOLED CASH REPORT
March 2022
LAIF - LOCAL AGENCY INVESTMENT FUND
MECHANICS BANK CHECKING ACCOUNTS (OPERATING & PAYROLL)
CHANDLER ASSET MANAGEMENT PORTFOLIO
MULTI BANK SECURITIES PORTFOLIO
FIVE STAR BANK MONEY MARKET
FIVE STAR BANK PUBLIC DONATION CHECKING ACCOUNT
ACTUAL CASH
BALANCE OR
PORTFOLIO MARKET
VALUE
$ 1,372
$ 2,678,127
$ 5,121,422
$
$ 8,362,368
$ 159
2021-22 FYTD
INTEREST EARNINGS
$ 3
$
$ (207,760)
$ 12,178
$
ACTUAL FYTD TOTAL CASH -ALL FUNDS $ 25,077,889 $ (676,900) 2021-22 ALL FUNDS COMBINED ACTUAL FYTD INTEREST EARNINGS 2021-22 ALL FUNDS COMBINED ACTUAL FYTD BANK FEES
2021-22 ALL FUNDS COMBINED NET ACTUAL BANK INTEREST
2021-22 ALL FUNDS COMBINED BUDGETED INTEREST EARNINGS
2021-22 PERCENTAGE OF ACTUAL NET YTD INTEREST EARNINGS TO BUDGET Prior Fiscal Year Comparison - Same Period
2020-21 ALL FUNDS COMBINED ACTUAL FYTD INTEREST EARNINGS 2020-21 ALL FUNDS COMBINED ACTUAL FYTD BANK FEES
2020-21 ALL FUNDS COMBINED NET ACTUAL BANK INTEREST
2020-21 ALL FUNDS COMBINED BUDGETED INTEREST EARNINGS
2020-21 PERCENTAGE OF ACTUAL NET YTD INTEREST EARNINGS TO BUDGET $
$
$
$
(684,811)
67,550
-1013.784%
(8,438)
(8,710)
(17,148)
222,476
-7.708%
POOLED CASH REPORT
March 2022
FUND FUND NAME CASH BALANCE
001 General Fund $
002 General Fund Reserve Set Aside $
003 Public Safety Sales Tax $
004 Public Safety Sales Tax Po_lice Capital Set Aside $ 005 Gas Tax $
007 Str~et Projects Federal and State Funding $ 82,422
010 LTF -Article 3 Sidewalks $
011 LTF - Article 8 Streets $
014 FCTA- Flexible Funding $
015 FCTA- Americans with Disabilities Act (ADA) $
016 FCTA- Street Maintenance $
017 FCTA- Pedestrian and Trails $ 270,197
018 FCT A - Bike Facilities $ 61,302
022 SB2 Planning $ (17,697)
Road Rel)air Account ability Act $ 389,.387 J
023
024 Community Development Block Grant (CDBG) $
025 American Rescue Plan Act (ARPA) $
029 Public Education and Governmental Access (PEG) $ 9,049 030 Landscape Lighting and Maintenance District $
032 Community Facilities District $
034 Streetscape $ 38,732
038 Prop 68 Park Bonds $ (90,618)
041 _$ 112,277
Groundwater Treatment $
Water Rate Stabilization $
049 Water Capital $ 428,790
050 $
051 $ 2,233,135
052 Sewer $
053 Solid Waste $
054 Solid Waste Capital $
055 Vehicle Impact Fee $
060 Equipment Shop ISF $
065 Dental Benefit ISF $
068 HR ISF $ 53,533
073 Deposits in Trust $ 117,801
075 COPS Program $ 47,094
078 CASp Certification $ 26,852
080 City Bond Funds $ 239,556
082 Blighted Properties $
083 Transitional Housing Grant $
100 $ 994,972
102 $ 19,941
103 DIF - Fire $ 94,602
104 DIF - Storm Drain $ 902,853
105 DIF - Wastewater Facilities $ 718,153
109 DIF - Parks & Recreation Facilities $ 250,902
110 DIF - General Government Facilities $ 21,095
111 DIF - Water Facilities $ 278,249
896 RDA Successor Low and Moderate Income Housing $ 39,203 897 RDA Successor Retirement $ 476,732
All Funds - Cash Total $ 25,077,889
Reedley's River City Theater
Report to the City of Reedley
Marquee Laita
April 15th 2022
• January 2022
o RCTC hosted their first event of the year, a wedding reception on January 1st
• Attended by 92 guests
• Event was for a Reedley couple but had guests from all around the central valley
• Utilized the entirety of the building including the stage, kitchen, atrium, and upstairs dressing room
• An inventory of our dishware, silverware, and glassware was taken and upon doing so we found we did not have enough of these items to accommodate guests of this size, we will be researching to find identical matches for our current dinnerware or looking into other options if need be
o Rehearsals for Southern Fried Funeral took place throughout the month of January
• The cast was made up of 12 individuals from Reedley and surrounding cities such as Selma, and Fresno. For a few of the cast and crew this was their first production with RCTC. Ages ranging from 19-5 5
• Southern Fried Funeral was a valley premier, the closest this show has played was in Wyoming 5 plus years ago.
o RCTC Board of Directors sent out an advertisement to hire a new General Manager
• February 2022
o Southern Fried Funeral opened February 18th
• The show was attended by 250 guests total for the run of 3 weekends
• Guests ranged from surrounding cities such as Fresno, Selma, Dinuba, Kingsburg and Sanger
• Southern Fried Funeral was a straight play, that honed in on comedy and family ties
• The play was Directed by Steven Haynes a Reedley Highschool Alumni, this was also Steven's Directorial Debut
• The stage managers Glenda Stewart and Richard Avila were also RHS Alumni, this being richard first experience with RCTC
• Through this production we were able to reach a larger variety of volunteers and had a consistent stream of people within the company from surrounding cities
o RCTC Hosted several workdays for various tasks
• Clean out of the basement
• I ventory of the loft
• Set building for Southern Fried Funeral
o RCTC Board of Directors hosted in person interviews for the position of General Manager
• March 2022
o The RCTC Board of Directors hired Marquee Laita as the new General Manager for the company
o The RCTC Board of Directors and General Manager met with a consultant for Non-Profit businesses to help better the company and set up the GM for success
o Southern Fried Funeral closing weekend was March 6th
o RCTC hosted another workday
• A clean up of the costume loft was underway with volunteers from Reedley and Fresno making up the group
o Rehearsals for RCTC's upcoming fundraiser show Ladies of River City began
• This cast is made up of 17 women from the ages of 26-60 who have all been in prior productions with RCTC
• These women are from all over California, from Reedley, Fresno, Selma, Dinuba, to Los Angeles
• The fundraiser show is designed to raise money for RCTC, we are working with local businesses as well as with our volunteers to make the show a success and an event worth attending. • The show is being directed by a Reedley native Lana Lusk o RCTC partnered with the City of Reedley to help them host their Enchanted Tea Party that was a huge success
• This was the first event since the COVID-19 pandemic that RCTC was able to have with the City.
1:32 PM
04/16/22
Cash Basis
Reedley's River City Theatre Company
Profit & Loss
Ordinary Income/Expense
Income
January through March 2022
Production Income
Bar Sales
Dessert Sales
Season Tickets
Ticket Sales
Total Production Income
Rental Income
Total Income
Gross Profit
Expense
Advertising
Bank Ser &CC charges
Food/Beverage
Desserts
Kitchen Supplies
Food/Beverage - Other
Total Food/Beverage
Insurance
Office
Supplies
Printing
Supplies - other
Total Supplies
Office - Other
Total Office
~ayroll Expenses
Payroll taxes Expense
Salaries Expenses
Wages Expense
Total Payroll Expenses
Production Expenses
Choreography
Costumes
Direction
Props
Royalities
Sets
Show AN
Production Expenses - Other
Total Production Expenses
Jan- Mar22
48.00 477.00
1,821 .00
10.577.20
12,923.20
-1 ,000.00
11,923.20
11.923.20
930.00
49.90 644.71
675.00
420.66
1,624.61
3,144.00
81 .33
481.04
562.37
51 .88
765.59
2,372.97
1,691 .95
614.25
4,830.51
74.09 413.28
1,000.00
137.56
3,320.00
449.51
31 ,105.93
102.71
36,603.08
, 1:32 PM
04/16/22
Cash Basis
Reedley's River City Theatre Company
Profit & Loss
January through March 2022
Professional Fees
Consulting
Total Professional Fees
Rent Expense
Repairs and Maintenance;
Disposal
Opera House
Repairs and Maintenance - Other
Total Repairs and Maintenance
Taxes,Licenses,Fees
CA Sales Tax
Total Taxes,Licenses,Fees
Telephone
Total Expense
Net Ordinary Income
Other Income/Expense
Other Income
Contributions
Fundraiser
Hat Fundraiser
Total Fundraiser
Total Contributions
Total Other Income
Net Other Income
Net Income
Jan -Mar 22
500.00
500.00
2,100.00
489.23
60.25 2,062.64
462.94
2,612.12
96.14 96.14
712.31
53,932.68
-42,009.48
462.9;
462.94
462.94
462.94
-41,546.54