ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, March 28, 2023
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing. no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate. pursuant to the adopted City Council Protocols.
The meeting will be webcast and accessed at: http://www.reedley.com/livestream.php *PLEASE SEE LAST PAGE OF AGENDA FOR ZOOM PARTICIPATION INSTRUCTIONS* Matthew Tuttle, Mayor Pro Tern
Mary Fast, Council Member
MEETING CALLED TO ORDER
Anita Betancourt, Mayor
Suzanne Byers, Council Member
Scott Friesen, Council Member
INVOCATION- Rev. Denny Joseph, St. Anthony of Padua Catholic Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. UPDATE BY THE FRESNO COUNTY ECONOMIC DEVELOPMENT CORPORATION (EDC)/FIVE CITIES JOINT POWERS AUTHORITY FOR ECONOMIC DEVELOPMENT PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be_removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of the Consent Agenda are deemed to include a motion to waive the full reading of any ordinance on the Consent Agenda. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 2-4)
2. APPROVAL OF MINUTES OF THE REGULAR AND SPECIAL COUNCIL MEETING OF MARCH 14, 2023 - (City Clerk)
Staff Recommendation: Approve
3. RECOMMENDATION OF REJECTION OF CLAIM-AYUNGUA, MARLENE- (Administrative Services)
Staff Recommendation: Approve Claim Rejection
4. RECOMMENDATION OF REJECTION OF CLAIM-SASAKI, GLORIA -(Administrative Services)
Staff Recommendation: Approve Claim Rejection
PUBLIC HEARING
ORDINANCES - With respect to the approval of ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete ordinance and unless there is a request by a Council Member that the ordinance be read in full, further reading of the ordinance shall be deemed waived by unanimous consent of the Council.
5. INTRODUCTION AND FIRST READING OF ORDINANCE 2023-004 REPEALI NG AND REPLACING CHAPTER 2 OF TITLE 2 OF THE REEDLEY MUNICIPAL CODE CONCERNING COMMUNITY SERVICES COMMISSION-Report, discussion and/or other 2 Council action to approve, modify, and/or take other action as appropriate. - (Community Services)
Staff Recommendation: Approve
WORKSHOP
6. ZONING CODE UPDATE-Community Development Department
COUNCIL REPORTS
7. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
8. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 22nd day of March 20h gz;j--:--? Ruthie Greenwood, City Cler
Zoom Participation:
The City Council is encouraging members of the public to observe and participate in the Council meeting virtually, to maximize the safety of all meeting participants. Reasonable efforts will be made to allow written and verbal comments from participants communicating with the host of the virtual meeting. To do so, participants may "raise their hand" during public comment portions of the meeting using the electronic feature on the zoom program, and the City Clerk will inform the Mayor of the participant's desire to provide public comment. Due to the new, untested format of these meetings, the City cannot guarantee that participants who wish to provide public comment will occur as expected.
The "chat" feature on Zoom will not be monitored or used during the meeting. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.
Dates to Remember:
April 11, 2023 - Regular Council Meeting
April 25, 2023 - Regular Council Meeting
3 REEDLEY CITY COUNCIL SPECIAL MEETING - March 14, 2023 The special meeting of the Reedley City Council was called to order by Mayor Betancourt at 6:30p.m. on Tuesday, March 14, 2023 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
ROLL CALL
Council Members
Present:
Absent:
Suzanne Byers, Mary Fast, Scott Friesen, Matthew Tuttle, Anita Betancourt None.
PUBLIC COMMENT REGARDING AGENDIZED MATTERS ONLY
None.
CLOSED SESSION
1. Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Assessor's Parcel Number 3 65-181-3 5T
Agency Negotiator: City Manager and Assistant City Manager Under Negotiation: Price and Terms
RECONVENE TO OPEN SESSION
City Attorney, Laurie Avedisian-Favini reported out that no action was taken in closed session.
ADJOURNMENT
Mayor Betancourt adjourned the special meeting at 7:00 p.m.
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL MEETING - March 14, 2023
A complete audio record of the minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council called to order by Mayor Betancourt at 7 :00 p.m. on Tuesday, March 14, 2023 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Pastor Mike Schellenberg, Reedley Mennonite Brethren Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Byers
ROLL CALL
Council Members
Present:
Absent:
Suzanne Byers, Mary Fast, Scott Friesen, Matthew Tuttle, Anita Betancourt None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
City Manager, Nicole Zieba asked to add one subsequent need item for consideration that will be considered item 7.5 and will go between item #7 and item #8. This item would be consideration of adopting resolution 2023-017. This would be a declaration of local emergency which is a result of the recent high winds and rain.-- - - - Council Member Fast motioned, Council Member Friesen seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
None.
PRESENTATION
1. MARJAREE PRESENTATION TO RANDY RIOS-SOFTBALL UMPIRE
Community Services Director, Sarah Reid thanked Mr. Rios for his many years of service to the community.
CONSENT AGENDA (Item 2-6)
Council Member Tuttle moved, Council Member Byers seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY 28, 2023 -Approved
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A FIVE-YEAR SUCCESSOR SERVICES
AGREEMENT WITH AN OPTIONAL TWO-YEAR EXTENSION WITH UNITY IT, LLC BEGINNING APRIL 1, 2023 FOR ONGOING CITYWIDE INFORMATION TECHNOLOGY SERVICES-Approved
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF REEDLEY AND THE FAMILY HEALING CENTER TO CONDUCT FORENSIC INTERVIEWS WITH VICTIMS AND WITNESSES OF SEXUAL ASSAULTSApproved
5. ADOPT RESOLUTION NO. 2023-007, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING DESTRUCTION OF SPECIFIED CITY RECORDS AS LISTED ON EXHIBIT AApproved REEDLEY CITY COUNCIL MEETING - March 14, 2023
6. APPROVE THE FOLLOWING ACTIONS ASSOCIATED WITH THE EXPANDED LEARNING PROGRAMS (ELP) AT TL REED AND WASHINGTON SCHOOL SITES:
-Approved
A. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN AN AMENDMENT 1 TO THE
MEMORANDUM OF UNDERSTANDING (MOU) WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) FOR THE REEDLEY HIGH SCHOOL (RHS) INTERNSHIP
PROGRAM
B. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A SUMMER WORK
EXPERIENCE PROGRAM (SWEP) AGREEMENT FORM WITH VALLEY REGIONAL
OCCUPATIONAL PROGRAM (VALLEY ROP) AND KINGS CANYON UNIFIED SCHOOL
DISTRICT (KCUSD) TO PROVIDE SUMMER INTERNS TO WORK FOR THE CITY OF
REEDLEY
C. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN SITE CONTRACTS WITH
FRESNO COUNTY SUPERINTENDENT OF SCHOOLS (FCSS) FOR THE ELEMENTARY
AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER) FUNDING TO PAY FOR
EXPANDED LEARNING PROGRAM (ELP) STAFF TO WORK SUMMER PROGRAMS D. ADOPT RESOLUTION NO. 2023-014 AMENDING THE 2022-23 ADOPTED BUDGET APPROPRIATING $107,108 IN THE GENERAL FUND TO COVER COSTS AS SOCIA TED
WITH THE REEDLEY HIGH SCHOOL (RHS) INTERNSHIP PROGRAM AND THE
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER) FUNDING
ADMINISTRATIVE BUSINESS
7. ADOPT RESOLUTION NO. 2023-015 ESTABLISHING THE FISCAL YEAR 2023-24 RA TES FOR COMMUNITY FACILITY DISTRICT 2005-01, INCREASING RATES FROM CURRENT LEVELS BY CPI,
AND SETTING DEPARTMENT ALLOCATIONS
Assistant City Manager, Paul Melikian provided a presentation regarding the rates for the Community Facility District.
Council Member Friesen moved, Council Member Fast seconded to ADOPT RESOLUTION NO. 2023-015 ESTABLISHING THE FISCAL YEAR 2023-24 RATES FOR COMMUNITY FACILITY DISTRICT 2005-01 ,
INCREASING RATES FROM CURRENT LEVELS BY CPI, AND SETTING DEPARTMENT ALLOCATIONS Motion unanimously carried.
7.5 CONSIDER REQUEST FROM DIRECTOR OF EMERGENCY SERVICES FOR THE CITY COUNCIL OF
THE CITY OF REEDLEY TO PROCLAIM THE EXISTENCE OR THREATENED EXISTENCE OF A LOCAL EMERGENCY, AND ADOPT RESOLUTION NO. 2023-017, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REEDLEY PROCLAIMING THE EXISTENCE OR THREATENED EXISTENCE OF A LOCAL EMERGENCY.
City Manager, Nicole Zieba stated that the City of Reedley has been in flood protocol since last Friday. It is possible that with the expected weather that the City will continue to have flooding until Spring. That means that there are certain costs associated with the floods including sand, sand bags and staff time. There are costs associated with the destruction from the storms including the boat dock located at Cricket Hollow. If Cities and counties declare a local emergency, decisions can be made much quicker and can be made immediately. Those decisions are later brought before Council for ratification, so Council ultimately is aware of what decisions were made. This allows the City of Reedley to apply for funding through Federal Emergency Management Agency and state funds for any damages and costs associated with the emergency. Currently the City has brought in 110 tons of sand for sand bags. More 6,900 bags for sand bags and with the declaration of emergency it potentially could be reimbursed.
Council Member Byers moved, Mayor Betancourt seconded CONSIDER REQUEST FROM DIRECTOR OF
EMERGENCY SERVICES FOR THE CITY COUNCIL OF THE CITY OF REEDLEY TO PROCLAIM THE EXISTENCE OR THREATENED EXISTENCE OF A LOCAL EMERGENCY, AND ADOPT RESOLUTION NO. 2 REEDLEY CITY COUNCIL MEETING - March 14, 2023
2023-017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY PROCLAIMING THE EXISTENCE OR THREATENED EXISTENCE OF A LOCAL EMERGENCY.
Motion unanimously carried.
WORKSHOP
8. CONTINUATION OF STRATEGIC CAPITAL PLANNING
City Manager, Nicole Zieba continued the discussion on this item which included planning for future needs of the city.
Pete Perez stated that he is concerned about the lack of pickleball courts in Reedley Susan Johnson asked questions about the Sports Park.
RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council.
Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
9. REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 1, 2022
COUNCIL REPORTS
10. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Tuttle:
• Shared regarding Read Across America event he participated in Council Member Byers:
• Mentioned the Read Across America event she participated in Council Member Friesen:
• Discussed the storms that happened last weekend and how he participated in a ride along with Fire Council Member Fast:
• Discussed the Air Board meeting she attended
• Mentioned the water leadership training that is coming up • Thanked staff for all of their hard work during the most recent stonns Mayor Betancourt:
• Discussed how happy she was that staff was prepared for the recent storms
STAFF REPORTS
11. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Discussed the Fresno County Rural Transit Authority meeting that is coming up • Mentioned the upcoming Economic Development Corporation Real Estate Forecast City Engineer, Marilu Morales:
• Shared about the Active Parkway Master Plan
ADJOURNMENT
3 REEDLEY CITY COUNCIL MEETING - March 14, 2023
Mayor Betancourt adjourned the regular meeting at 8:23 p.m.
Mayor Anita Betancourt
ATTEST:
Ruthie Greenwood, City Clerk
4 DATE: March 28, 2023
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: RECOMMENDATION OF REJECTION OF CLAIM-AYUNGUA, MARLENE SUBMITTED: Amar Bains, Accountant ~
REVIEWED: Paul A. Melikian, Assistant City Mana
APPROVED: Nicole R. Zieba. City Manager
RECOMMENDATION
That the City Council reject a claim received from Marlene Ayungua on March 6, 2023. The claim has referred to Acclamation Insurance Management Services (AIMS) for further investigation and recommendation to the City.
BACKGROUND
According to the Claim Form, on February 24 through February 25, 2023, the claimant sustained flooding damage to their vehicle that was parked in front of their property at 760 S. Carolyn Lane in Reedley, CA. The claimant alleged that the City was negligent because of their lack of immediate action and for not having an emergency flood plan in place that resulted in water damage to their vehicle. The claimant is seeking $9,999.99 in damages from the City for the loss of their vehicle and emotional distress because of the City's negligence. No repair estimate for the vehicle was provided. The claimant included photos of the flooded streets.
Based upon their investigation, AIMS found no evidence of negligence and/or liability on the part of the City of Reedley. Staff took all immediately available measures to manage stormwater in this neighborhood during an extraordinarily severe rainfall event that occurred in a short time period . AIMS has therefore recommended that the claim be rejected.
Pursuant to Government Code Section 912.4, the City Council must act upon a claim within 45 days after receipt. If there is no official action by Council, the claim is deemed to be rejected on the last day.
Denial by minute order action provides a clearly defined rejection date and allows AIMS to begin their investigation and take appropriate action to resolve the claim in a timely manner.
ATTACHMENTS
1. Letter from Claimant
CLAIM FORM
(Please Type Or Print)
CLAIMAGAINST Ct¼ af Qeedlt;:t ~ A (Name Entity)
Claimant's name:~ V \-t' (\ e_, \.-{ v \flg,.)q 0 , '- I SS#: _____ __ -'-----"-_ DOB:
I -
Clajmant's address:
Address where notices about claim are to be sent, if different from above :
Gender: Male _ __ _ Female ✓
Date of incident/accident: __ 2---,/---'L=-=,.---1--=2,_=----0--'2,_:;_ _ S ____ -----l'-----=--1---'-'2=---a2_3____.:=------------ Date injuries, damages, or losses were discovered: J:y,. co~ s Cl'C\ '\(e.- b ;c1U I 2 0 lb che.v::3 Cxvze.
Location of incident/accident: 7 /J) 0 S . C.o. (2J \ J v'j [tl /Ve.... , . , What did entity or employee do to cause this loss, damage, or injury? 1\/ee- L I ~e /\ ( Q _) 6[ &is I /'\__,/ ! (j V<! r-fiovJ ~c.hJJ '
\~ , (Use back of this form or separate sheet if necessary to answer this question in detail.) What are the names of the entity's employees who caused this in jury, damage, or loss ( if known)? L \ 0j O f What specific injuries, damages, or losses did claim~t receive?L .... """-'~1-"~1Yf€;'-f-lc--~kS---"'-"---'-'-"""""--'--'----'->'""'-=--=------>- ..,_Q'""-"-l-t,\,--'--/_Y)_q_~---,qµ__,,, \ ~ I !) ,\- A-vtl\ l lc;tb~
(Use back o thi
r e,ti~A {-- . What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: If Super·or and Municipal Courts are consolidated, you must represent whether it is a " limited civil case" [see Government Code 910(f)] ---i~.,...~---- - ------------------------- How was this amount calculated (please itemize)? _ _ _____________ ___________ _ (Use back of this form or separate sheet
Date Signed : ~ b 8 ) 2-, o-J.-3 r1
If signed by representative:
Representative's Name _ ______ _ _____ Address ____ __________ __ _ Telephone # --------- - --------------------- ---- --
Relationship to Claimant - - ------- - - -------- -------- - ---- To the City of Reedley:
On February 24th at 4:55pm flooding occurred in front of our property ;n Reedley, CA. We noticed city employees blocking a portion of the street in front of basin and by the duplex/ mailboxes, but they did not block our alley way next to my home and traffic proceeded to drive through the street. When we approached city employee and asked what actions were going to be taken to help with flooding, we were told that they would return the following day, 2/25/23 at 07:00 to pump down basin knowing the storm was yet to continue heavily no actions were taken immediately! Negligence to the basin and not having an emergency flood plan caused our 2016 Chevy Cruze to receive severe damage.
1. Mechanical Damage
a. Turning on and off of the vehicle
b. Not starting at times
2. Electrical Damage
a. Lights flickering
b. Service Airbags light on dashboard
c. Check engine light on dashboard
3. Interior damage
a. Water on seats creating mildew
b. Carpets soaked in water causing odor
c. Condensation inside vehicle creating odor, mold, and mildew d. Ruining of the tint
*Pictures attached
On February 27,2023 a certified mechanic came to our home to assess vehicle. He advised that vehicle would be declared a loss due to the damage cost being higher than the value of the vehicle. Also stated that the vehicle would continuously have electronical and mechanical issues.
I, Marlene Ayungua, am seeking $9999.99 for the loss of my vehicle, emotional distress and suffering due to the city's negligence. My vehicle was used on a daily basis to commute to and from work. I also transported my children around and now I am having to use taxis, family and borrow vehicles to get around. If you need further information, please contact me at (559} 974- 0109.
Best,
Marlene Ayungua
d From Me
!I From Me
::J• VV r-'IVl
February 25
8:05 AM
Edit 0
DATE: March 28, 2023
REEDLEY CITY COUNCIL
l:g] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
TITLE: RECOMMENDATION OF REJECTION OF CLAIM - SASAKI, GLORIA A.
SUBMITTED: Amar Bains, Accountant .~t)
REVIEWED: Paul A. Melikian, Assistant City Mana r
APPROVED: Nicole R. Zieba. City Manager
RECOMMENDATION
That the City Council deny a claim received from Gloria Sasaki on March 10, 2023. The claim has been forwarded to AIMS for further investigation.
BACKGROUND
The Claim Form for Gloria Sasaki alleges that on March 10, 2023, Ms. Sasaki was walking on the sidewalk near 731 S. Carolyn Lane in Reedley when she tripped on an uneven pavement and fell. The claimant alleges that the fall caused injury to her wrists, left hand, and a patella fracture. Reference was made to no known witnesses to this incident.
As part of the initial investigation, the Public Works staff provided information about the ownership of the sidewalk and its maintenance. Although, the sidewalks are the City's property, the Streets and Highways Code 5610 states that the owners of property fronting a public street shall maintain any sidewalk in such a condition that it does not endanger person or property and does not interfere with the public convenience.
According to Public Works staff, heavy irrigation practices by the adjoining property owner washed out dirt underneath the sidewalk causing it to sink. The City had no prior knowledge of any hazards in this location. After the complaint was received, an asphalt patch was placed to remove the trip hazard.
Pursuant to Government Code Section 912.4, the City Council must act upon a claim within 45 days after receipt. If there is no official action by Council, the claim is deemed to be rejected on the last day.
Denial by minute order action provides a clearly defined rejection date and allows AIMS to begin their investigation and take appropriate action to resolve the claim in a timely manner.
ATTACHMENTS
1. Letter from Claimant
AMENDED
CLAIM FORM
(Please Type Or Print)
CLAIM AGAINST __ C_it..._y_o_f _R_e_e_dl_e.c,;. y ______ '.'""."""""~---------------- (Name of Entity) Clairnane s name: Gloria A. Sasaki
SS#; ________ _ DOB:. __ ~-~---- Gender: Male ___ _ Female ___ X..:......._ Claimant's address: -------- -----------------~--------- Address where notices about claim arc. to be sent~ if different from above: ty\f:lriam :oanietyan, Jacoby & Meyers, LLP .l0J300Wilshire Blvc:L , 15th Floor, Los Angeles,CA 90024 Date of inddent/acddent 9/14/2022 ------~~------------------------- Date injuries~ datnages, t1r l.osses were discovered: 9/14/2022 ------- - -------------------- Location ofinddentfa~identSid)lwl::\lknear 1:31 S, Carolyn Lane, Reedley, CA 93654. Please see attached photograph.
What did entity or employee do to cause this loss, damage, or injury? Please see Attachment n A" - lDYes!igationls penrjlng andCl~imant'Stre~trrle~t t8 ongoing , {Use hack nf this form cir sepanµe sheet if ne<.'esstuy to answer lhi-~ question im dctait) What arc U1e names of the entity's employees who caused this injury,. damagc 1 or loss {ff known)? .J.Y;U!JJ~.3.lLL!lJ:J-____ . employee(s) who were involved are unknown to claimant at thfs time. Investigation i-s pending, What specific injuries, damages, or losses did claimant receive? Please see Attachrnent l'A'\ . Investigation is pen<:iing and Claimant's treatment is ongoing,
What . amount . of money is daimant seekfog or, if the amount is in excess of $ l O,OOOi which is the appropriate court of jurisdiction,. Note: lf Supcrieir ~nd Municipal Court;s are consoUdated1 Y(?tl m,ust r,epresent ,whether it is. a. 'iUn,It~d civil cases, hee . • Government Code 910(t)J TBD1 but exc;eeds $25,000.00. lrwest1g9tion. rs.pending and .Qlaimants treatment i.s ongoing, This is not a limited civil case,. This is an unlirnited cfvil case with jurisdiction in the Superior Court How was this amount calculated (pkase itemize)? _ TBD, but exceeds $25,000.00. Investigation ls pending .sID.£lCJalrnant\~ treatment is ongoing. Please see .Attachment 1W', ff signed by representative:
Representative's Name tv1ariam Danielyan ----"·"""''00 Wilshire Blvd. 15th Floor, Los Angeles, CA 90024 Telephone# (310} 312<,aOO
Relationship to Claimant !\Homey for Claimant - ---'----------- ----------- - ~ ----- Attachment "A"
On September 14, 2022, at approximately 5:49 a.m., Claimant, Gloria A. Sasaki, was walking south near·.~ . -~. ~ --· ~•.1 .. ~·· .. - ... ~~--~ .. -" , ~ ....... "- . when she tripped on an uneven pavement found on the sidewalk on Carolyn Lane near and folL sustaining bodily injuries and other damages. P1case sec attached photo of the location of the subject incident.
The City of Reedley, County of Fresno, and/or State of California, by and through their employees and/or independent contractors are responsible for the dangerous condition found at the subject premises where Claimant fell~ i.e.; the uneven pavement f<.mnd on the sidewalk near The City of Reedley\ County of Fresno, and/or State of California, O\vned, controlled, operated, maintained, managed, and/or were responsible for maintaining the subject premises where Claimant fell and ensuring that it was free and dear of any hazards and dangerous conditions, including, but not limited to, the uneven pavement near · in Reedley, CA1 vvhich Claimant tripped and fe ll on. The City of Rccdley1 County of Fresno, and/or State of Califon:1ia~ owed a duty to persons accessing its public sidewalks, including Claimant, and were responsible for conducting reasonable inspections of the subject premises, making any necessary repairs, and otherwise maintaining the subject premises in a reasonably safe condition in order to ensure the subject premises \Vere safe for persons to use and access, including Clailnant.
On the date of this incident, the City of Reedley, County of Fresno, and/or State of California, failed to provide any warnings or signs to Claimant regarding the risks~ hazards, and/or the dangerous condition found on the sidewalk near " n Reedley~ CA 93654.
As a result of this incident, Claimant sustained bodily injuries and other damages, including, but not limited toJ a patella fracture, injuries to her ,vrists and left hand. Treatment for Claimant's injuries is ongoing.
Claimant has sustained past and future economic and non-economic damages as a result of this incident and the negligence of the City of Reedley, County of Fresno, and/or State of California.
There arc no known \.Vitnesses to tbe subj ect incident at this time. Investigation is pending.
t , \,
REEDLEY CITY COUNCIL
DATE: March 28, 2023
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: b ----
TITLE: INTRODUCTION AND FIRST READING OF ORDINANCE 2023-004 REPEALING AND REPLACING CHAPTER 2 OF TITLE 2 OF THE
REEDLEY MUNICIPAL CODE CONCERNING COMMUNITY
SERVICES COMMISSION
SUBMITTED: Sarah Reid, Community Services Direc
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Staff recommends that the City Council hold a Public Hearing on the introduction and first reading of Ordinance No. 2023-004, pertaining to Chapter 2 of Title 2 of the Reedley Municipal Code concerning Community Services Commission.
BACKGROUND
In 2017, there was a change to this section of the Reedley Municipal Code which allowed for two commissioners to live outside of the city limits but within the city's sphere of influence. At that time the change allowed for a wider net to be cast to find commissioners. Even with this revision, at times, staff have found it challenging to find individuals who are willing to serve on the commission who have a passion for parks and recreation and are willing to volunteer their time to attend meetings and get involved with Community Services activities. Staff knows there are individuals who work in Reedley and consider Reedley their home town even if they live in the outskirts of the city or in one of the surrounding cities. Staff is recommending to revise the current ordinance language to include individuals who hold a position with an established government, non-profit, or similar type of organization within the city's sphere of influence which supports City of Reedley parks and recreation activities and the duties and responsibilities of the Community Services Commission. The number of individuals who live within the sphere of influence or work for an organization within the sphere of influence will be limited to two (2) members.
FISCAL IMPACT
None.
PRIOR COMMISSION ACTIONS
On February 23, 2023, the Community Services Commission discussed the revisions to the Reedley Municipal Code Tile 2 Boards & Commissioners Chapter 2 Community Services Commission. There was a majority vote from Commissioners in favor of the recommended change.
ATTACHMENTS
1. Ordinance No. 2023-004, An Ordinance of the City Council of the City of Reedley Repealing and Replacing Chapter 2 of Title 2 of the Reedley Municipal Code concerning Community Services Commission.
ORDINANCE NO. 2023-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 2 OF THE REEDLEY MUNICIPAL CODE
CONCERNING THE COMMUNITY SERVICES COMMISSION
The City Council of the City of Reedley does ordain as follows:
SECTION 1. Section 2-2-2(A) of the Reedley Municipal Code is hereby repealed in its entirety and replaced with the following:
2-2-2: MEMBERSHIP:
A. Number of Members; Appointment: The comm1ss10n shall consist of seven (7) members. The commissioners shall be appointed by the mayor subject to approval of the city council. All commissioners shall be permanent residents of the city, provided that up to two commissioners may reside outside the city limits but within the city's sphere of influence or holds a position with an established government, non-profit, or similar type organization within the city's sphere of influence which supports City of Reedley parks and recreation activities and the duties and responsibilities of the Community Services Commission. Each commissioner shall hold office until his or her successor is appointed and qualified.
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.
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1 ATTEST:
The foregoing ordinance was introduced at a regular meeting of the City Council held on March 28, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
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2 ZONING CODE UPDATE
REEDLEY CITY COUNCIL
MARCH 28, 2023
WHAT IS ZONING?
ZONING DOES THE FOLLOWING…
Shapes all land uses in a community
Establishes expectations for development projects
Guards against potential land use conflicts
Protects environmental resources
Serves to implement the General Plan
HOW DOES ZONING WORK?
Divides a jurisdiction into multiple zones
Assigns specific development and land use
regulations that are uniformly applied to all
property within a zone
WHO USES THE ZONING CODE?
EVERYONE!
Residents, Businesses, and Property Owners
City Council, Boards, and Commissions
Development Community
City Staff
WHAT ARE SUBDIVISON REGULATIONS?
REGULATE the division of land
REQUIREMENTS for designing and recording subdivisions ENFORCE AND IMPLEMENT the California Map Act
ESTABLISH requirements for improvements to be dedicated to the public (streets, easements, parks) WHY ARE WE DOING THIS?
Remove inconsistencies
Achieve consistency with the General Plan
Reflect the changes in State law (ADUs, day care
homes, housing)
Regulations clearer and easier to use and
implement
APPROACH AND SCOPE
Public
Review Draft
6 Public
Engagement
4 • Stakeholder interviews
• Council/Commission
meetings
• Community workshops
• Newsletters
Project
Management
&
Coordination
2 • Regular project
management calls
• Ongoing six-month
schedules
occurs throughout the
duration of the project
=
Draft Zoning
Code and
Subdivision
Regulations
5 • Zoning district provisions
• Allowable land uses
and permit requirements
• Subdivision regulations
• Zoning map
• Public review draft
zoning ordinance
CEQA
Compliance
7 • CEQA Compliance
review
• Addendum to
General Plan EIR
Adoption
8 • Planning
Commission Hearing
• City Council Hearing
• Final Zoning
Ordinance
Research &
Existing
Conditions
• Research existing
conditions and trends
• Review of existing code
1 • Kick-off meeting
• City tour
• Matrix of code and
regulation issues
• Table of contents
Project
Initiation
3 APPROACH AND SCOPE
Public
Review Draft
6 Public
Engagement
4 • Stakeholder interviews
• Council/Commission
meetings
• Community workshops
• Newsletters
Project
Management
&
Coordination
2 • Regular project
management calls
• Ongoing six-month
schedules
occurs throughout the
duration of the project
=
Draft Zoning
Code and
Subdivision
Regulations
5 • Zoning district provisions
• Allowable land uses
and permit requirements
• Subdivision regulations
• Zoning map
• Public review draft
zoning ordinance
CEQA
Compliance
7 • CEQA Compliance
review
• Addendum to
General Plan EIR
Adoption
8 • Planning
Commission Hearing
• City Council Hearing
• Final Zoning
Ordinance
Research &
Existing
Conditions
• Research existing
conditions and trends
• Diagnostic document
Review
1 • Kick-off meeting
• City tour
• Matrix of code and
regulation issues
• Table of contents
Project
Initiation
3 WHAT HAS BEEN DONE SO FAR?
Project kick-off in January 2022
Stakeholder interviews
Published one of two bilingual newsletters
Completion of a “Fix-It” List
Completion of a land use table
Completed draft of two chapters of the Zoning Code
Drafted revised definitions
Drafted revised property development standards
What was said by the stakeholders?
“…the City should allow modular housing types.”
“Many projects go to the Planning Commission that can be handled by City staff.”
“Tasting rooms and microbreweries are wildly successful in other Valley cities…they bring tourists and generate much needed tax dollars.” “Mobile food businesses, like food trucks, offer a cheaper alternative for those wanting to start a new business.”
WHAT ARE SOME OF THE PROPOSED
CHANGES?
Existing Language Proposed Changes
Variances are heard by the Board of Zoning
Adjustment
Variances are heard by the Planning Commission
Definitions and regulations concerning “churches” Definitions and regulations concerning “places of assembly” (compliance with the “Religious Land
Use and Institutionalized Persons Act of 2000” a.k.a.
RLUIPA – requires governments to treat houses of
worship as favorably as nonreligious assemblies).
Large Family Daycare Home:
1. CUP Application
2. Cannot be located within 600’ of another large
family daycare home
Consistent with State Law which consists of:
1. Cannot charge for a business license
2. Cannot require a CUP
3. Cannot have locational requirements
4. Licensure from the State
WHAT ARE SOME OF THE PROPOSED
CHANGES? (CONTINUED)
Proposed Changes
• Allow more uses By-Right as opposed to Discretionary Approval • (car washes; hotels; places of assembly require a Conditional Use Permit Application) • Appealable Director’s Determination
• Expiration of entitlement approvals (ex. from 1 year to 2 years) • Incorporate City standards in the Subdivision Ordinance • Provide for regulation and locational requirement for smoke shops • General Plan consistency for Medium Density and High Density (RM-3 – 8-15 Dwelling Units per Acre; RM-2 – 15-29 Dwelling Units per Acre) • Change designation of multi-family/single-family to multi-unit/single-unit
ACCESSORY DWELLING UNITS
(ADU/JADU)
Existing Language Proposed Changes Required by State Law Owner occupancy requirement Owner occupancy requirement no longer allowed, can restrict short term rentals in ADUs
ADU included in lot coverage calculations ADUs cannot be included in lot coverage calculations Garage conversions require replacement parking Garage conversions can no longer require replacement parking
5’ side yard and rear yard setbacks ADUs created through new construction less than 750 SF are exempt from DIFs
All ADUs created through new construction shall require payment of DIFs at proportional rate
Added statewide exemption ADU (up to 800 square feet,
16 feet in height, with 4 foot side and rear yard setbacks) ADUs allowed on properties with multi-unit dwellings
under certain circumstances
NEXT STEPS
Continue drafting the zoning ordinance
Produce second publication for outreach purposes
Receive any feedback from City Council and Planning Commission on any proposed changes