May 8, 2013
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. bid/offer/application D a. initial D b. material change a. contract
4. 6.
8. 10.
b. grant b. initial award
C. cooper Not Applicable d. loan ·
e. loan gu California Construction
f. loan in Surveying , Inc. does not
Name participate in lobbying activities
•Prime D Subawardee
Tier , if known
Congressional District, if known
Federal Department/ Agency:
Federal Action Number, if known:
Name and Address of Lobby Entity
(If individual, last name, first name, MI)
For Material Change Only:
year__ quarter ___ _
date of last report ____ _
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable ________ _
9. Award Amount, if known:
11. Individuals Performing Services
(including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply)
$ ______ D actual •planned
13. Form of Payment (check all that apply):
B a. cash
b. in-kind; specify: nature ______ _
Value ------
14. Type of Payment (check all that apply)
a. retainer
b. one-time fee
c. commission
d. contingent fee
e deferred
f. other, specify __________ _
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) ifnecessary)
16. Continuation Sheet(s) attached: Yes D
17. lnfonnation requested through this fonn is authorized by Title 31 U.S.C. Section 1352. This disclosure oflobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S C. 1352. This infonnation will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Federal Use Only:
No • ~
Signature:---~~ ---~- ~---------
Print Name: Michael J. Anderson
Title: PLS / VP
Telephone No.: 209-761-1027 Date: 4/4/2023
Authorized for Local Reproduction
Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
LPP i3-01
May 8, 2013
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 3 I U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
b. grant
c. cooperative agreement § a. bid/offer/application
b. initial award
c. post-award
D a. initial D b. material change
d. loan For Material Change Only:
4. 6.
8. 10.
e. loan guarantee
f. loan insurance
Name and Address of Reporting Entity
D Prime D Subawardee
Tier~' if known
Congressional District, if known
Federal Department/ Agency:
None
Federal Action Number, if known:
N/A
Name and Address of Lobby Entity
(If individual, last name, first name, Ml)
N/A
year__ quarter ___ _
date of last report ____ _
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
None
Congressional District, if known
7. Federal Program Name/Description: None
CFDA Number, if applicable _N_/_A ______ _
9. Award Amount, if known:
$0,00
11. Individuals Performing Services
(including address if different from No. I 0)
(last name, first name, MI)
None
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply)
$ 0.00 D actual D planned
13. Form of Payment (check all that apply):
B a. cash
b. in-kind; specify: nature __ N_/_A __ _
14. Type of Payment (check all that apply)
a. retainer
b. one-time fee
c. commission
d. contingent fee
e deferred
Value _0_. 0_0 ___ _ f. other, specify __________ _
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
N/A · · Sh ( ·f ) (attach Contmuatlon eet s) 1 necessary
16. Continuation Sheet(s) attached: Yes D No [{]
Signature: c::;;d--, ~
Print Name: Gary Blomgren
'
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure .
Title: __ R_e_g1_·o_n_a_l V_ic_e_P_r_e_s_id_e_n_t _________ _ Telephone No.: _(5_5_9_)7_0_8-_8_86_5 ___ Date: 06/06/2023 RMA GeoScience Has Zero Disclosures of Lobbying Activities. Authorized for Local Reproduction Federal Use Only: Standard Form - LLL
Distribution: Orig- Local Agency Project Files
LPP 13-01
Standard Form LLL Rev. 04-28-06
May 8, 2013
Attachment 1: Consulting Fees
Fee Proposal for Pre-Construction, CM, and Inspection Services • Manning Avenue Phase 3 Project Prepared for the City of Reedley
Nam K.vln Rel~ , PE I KramerWp.lkt5 rE
Project Man1ger Rald•nt En~ri..,.
Kotton Walker, EIT
A•-lat.RH1c:1!n~ Englnffr
!lf1•!)~UI~
tnapector(7)
·~~' M1rty5!qch.,
Attamiia I · omce Engineer, Labo, ln1poct9r [7) j: Compfalneo Qffi,E"!' ::r1~:;::~: I c•1::~:y~";ou::on Cln•tflcaUon
TASK I: PRECONSTRUCTION SERVICES
1.1 ICondud Coordination Meeting
1.21Review Project Documents
'AclualHa<lf1yR~h
ovameed Ratii O~ Ciiitrac!_~acalat!pn F.ee -(8
NetRx!(I Fli
Hou~, 01111_119_ R•tilllk
1.31Per1orrn Quallg ~__!!!"8!!_ce Review j Con6truC'tabilily Review ot the Plans._ ~ec:J. and Estimate
1.4IPrepa,e and AnaJyze Pro]ect Trame Managomont Plan
1. SIPrepare Construction Management Plan
1.6IEstabliehProJectP,ocedures
1.7)ReviewendlnvestigateUtililyLocatlons
1.8IReviewRegu1etory Permlts
1.9IReview Initial Project Construction Schodule
1.10IReview sv-.,,pp
1.11)Rev1ew Traffic ConlrOI Plan
1.12IPre-constructionPhotos&V1deos
1.13IHold Pre,<;onstructlon Mee~_
,~,~~T~l_~=-~ -~ Tolal.&!e,,
~-~_------:;:-,,; 7 ''
TASK 2: CONSTRUCTION MANAGEMENT SERVICES DURING CONSTRUCTION THk 2.1 Project Coordination and Correspon~ence
2.1.1 )Interaction with City Slaff. Designer. end Utllltles I 2.1.2 IPubncOutroa</1 I 21.3 IProgressM&etings _l Tuk 2,2 Project Administration and Documentation
2.2.1 IDoaxnenl Control
2.2.2 !Schedule Up~ete Review
2.2.3 )Material Submittal Review
2.2.4l~ttslfortnrOJmation ~ anagement
2.2.5 !Change Order Management & Cost Control
2.2.6 )Monlhly Payment Review & Cost Conlrol
2.2.7 )LaborCompllar,oa
2.2.SJC!almsManagement
THk 2.l Constructtoll Obaervellon SDJVJc:n / lna,>e-ctlon Servlc:H
2.3.1 IFleld lnspectlonandDallyReportl1>g
2.3.2 IStonn \/Valer Pollution Prevonlion Plan_~_EJ _Monitor1ng
2.3.3 JM atetielaTea~
2.3.4 JSuryeying end Conittuclion Slaking
- Man·HoU(Tot&I - "•'i
Total Foes
TASK 3: POST CONSTRUCTION & PROJECT CLOSEOUT SERVICES
3.1 IFlnallnsp&Ction&Punch-LlstJnspecUom1
_128 5121,88%. 11_81:/, ~-'.·.·
0.00% ,r
10,g<l% ,.
!305.89
.:r-'1~
-- ~ ~ -S1'223,551 ,
l
_l
~If,
~ .282.41
3.2' IPropore & Recommend FlnaJ Payment ~~luo", I
1 \Vf
10.~
--"-"J-~
$266.9
4~1
10 ~
S211~s~e7
€0
36 30
30 16
30 S98~
3.3 JRe~ew & Submit A,-Builts I 8
---~ ~~
i.2;00% 1P, , I
$122.74
,~,
,,:~1~ $5,•00.86 .•
26 12
16 1~,~- ~129.73 i
3.4 jPrepereFlnalRepor1s 11 121 •11
$1~.43
1'=j j '"_ $3.688. i
J
700
20 10
10'
] f91ff
$138,476'.81
32 - seo.001 ·! $63.=
11 ..
128.89% ,, . ,~~. ~ ..
1 Ii·: &t J2-Dt~; : ~ ~ ~~;l
so.001~
I
I
1 10
~~,-
$2,014.23
,~ari~ j1,073.991i
111.l
~,~,Qr S21 ,478.;i1;
3.5 10.riverProjeetFile, I 41 21 I I
Ji
1 ~."$0.00
$59,465.00
I
$59.465.00
I
I
I
sO!OCt~
I
I
I
539,920.00
.S38,820,00
TOTAL COST
-· -""""'---- _U2,Tli'.fi
I
I
I
•h79,71UI
§,§.;.:~-.·· . •• . C : ·· j ~~::~'• ••~:::? ~::i __ j ~ . ::~: ~:5•~~~~:• •c- ::; Notes and Assumptions:
1. NV5 employee hourly rates Include project-relaled overhead, prom, safety equipment, vehicles. laptops, and cell phones.
2. Cost proposal is based on 8-hour work shlfls according to the Callrans 5--Day Wo1king Calendar.
3. Overtime, weekend , end holiday work is not included. Overtime hours will be paid in accordance wlU1 appllcable labor law and prevailing wage rates , end ere above and beyond lhe scope and fee of thi s estimate. •. Adjustments to this es timate may be required ii the actual schedule requires more or less constru clion management services then proposed.
5. This cost es timate Is based on the cons lruction phase of the project being compleled wllhln 90 working days. Time extensions ~ncluding weelher delays) mey re sult In additional CM services & tees.
6. This estimate ls based on the specific scoptt of work described for the Manning Avenue Phase 3 Pavement Rehabilitation from Columbia to Buttonwillow project .
7. Classlflcalions requlring prevalllng wage e10 subject to the provisions set forth in ltie lateil DIR determination.
B. This estimate l s based on the as sumption th e contract will be completed prior to 05/01/2024. Any work completed after this chtle will be subject to en esceletlon fee ol 5.0%.
Other Direct Costs
Traff~ M8fl&g~rneni Pian.•~
f leld, Suppljes
Proposal-Total ,
$10,000.oi
$1 ,000.0<:
$449,389.92
REEDLEY CITY COUNCIL
DATE: May 23, 2023
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: q -~--
TITLE: ADOPT ORDINANCE NO. 2023-006, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4 AND SECTION 10-16- 11 OF CHAPTER 16 OF TITLE 10 OF THE REEDLEY MUNICIPAL CODE
CONCERNING COST RECOVERY PROVISIONS FOR NUISANCE ABATEMENT APPROVED:
ACTIONS
1 " ~
Nicole R. Zieba, City Manager V r
RECOMMENDATION
That the City Council hold a public hearing and adopt Ordinance 2023-006 restating, confirming, and updating the City's existing Ordinance related to Summary Abatement costs, and the authorizing and placement of liens and possible special assessments to recover costs.
BACKGROUND
Code Enforcement pursues every avenue possible to obtain voluntary compliance to abate public nuisances prior to escalating enforcement actions. Typically Code Enforcement can obtain voluntary compliance with a warning or citations when the City is forced to pursue administrative remedies to obtain compliance with the Reedley Municipal Code. On very rare occasions, the nature of the violation is so egregious that the City must take action to abate the nuisances directly when the property owner is unwilling or unable. In these · circumstances, the City can recover costs associated with abating nuisances. After reviewing the Reedley Municipal Code it was discovered that it is out of date and needs small amendments to reflect changes to California State law. The attached Ordinance restates and confirms the City's process and rights to recover abatement costs, and contains small revisions to better align the language with current State law.
FISCAL IMPACT
There is no immediate fiscal impact to the City by adopting this Ordinance.
ATTACHMENTS
Ordinance No. 2023-006
ORDINANCE NO. 2023-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4 AND SECTION 10-16-11 OF CHAPTER 16 OF TITLE 10 OF
THE REEDLEY MUNICIPAL CODE CONCERNING COST RECOVERY
PROVISIONS FOR NUISANCE ABATEMENT ACTIONS
The City Council of the City of Reedley does ordain as follows:
SECTION 1. Section 4-2-2 of Chapter 2 of Title 4 of the Reedley Municipal Code is hereby amended as follows:
4-2-2: DEFINITIONS:
For the purpose of this chapter, the following words and phrases are defined as follows:
ABANDONED: In addition to those definitions provided by state codes, local ordinances, and case law, means and refers to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
A. Present operability and functional utility;
B. The date oflast effective use;
C. The condition of disrepair or damage;
D. The last time an effort was made to repair or rehabilitate the item; E. The status of registration or licensing of the item; F. The age and degree of obsolescence;
G. The cost ofrehabilitation or repair of the item versus its market value; and H. The nature of the area and location of the item.
ABATE: To repair, replace, remove, destroy, or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in his/her judgment shall determine is necessary in the interest of the general health, safety, and welfare of the community.
ABATEMENT COSTS: The actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable Federal, State or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include staff costs, administrative overhead, costs for equipment, such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the City. Costs also include those incurred in seeking cost recovery. Abatement costs may be established in the Master Fee Schedule. 1 At any administrative hearing, judicial action or special proceeding where the City elects, at the initiation of that individual action or proceeding, to recover attorneys' fees in connection with an abatement action, the prevailing party shall be awarded attorneys' fees not to exceed the amount of reasonable attorneys' fees incurred in the action, hearing or proceeding.
ATTRACTIVE NUISANCE: Any condition, instrument, or machine, which is unsafe, unprotected, and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris, or vegetation which may prove hazardous or dangerous to inquisitive minors.
DISMANTLED: That from which essential equipment, parts, or contents have been removed or stripped and the outward appearance verifies the removal.
ENFORCEMENT COSTS: All actual and reasonable costs incurred by the City to enforce compliance with the Municipal Code and any applicable Federal, State, County or City public health and safety law that are not included within abatement costs. These costs include, but are not limited to, actual cost of the enforcing department services including, but not limited to, costs of personnel, including costs of worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to the Municipal Code or Federal, State or County law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or Federal, State or County law violations, and reasonable attorneys' fees.
Enforcement costs include multiple response and similar costs as permitted by this chapter. Costs also include those incurred in seeking cost recovery.
ENFORCEMENT OFFICER: Any person authorized by the city manager to enforce any violation of this code.
ENFORCING DEPARTMENT: The departments or divisions of the City that directed and are responsible for the enforcement of the Municipal Code or applicable Federal, State or County law or the abatement of a public nuisance.
INOPERATIVE: Incapable of functioning or producing activity for mechanical or other reasons, and as additionally set forth in subsection 4-2-61 of this chapter.
LIENHOLDER: Any "person", as defined in this chapter, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.
NUISANCE: Any public nuisance known at common law, or in equity jurisprudence, as otherwise identified pursuant to this Chapter or any other provision of the Municipal Code.
OCCUPANT: Any person living, sleeping or having actual possession of a dwelling. 2 OWNER: The registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the county, renter( s ), tenant(s), lessor(s), and other occupants residing permanently or temporarily on property.
PERSON: Individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity.
PREMISES: Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways, and parking strips.
PROPERTY: Any real property, including, but not limited to, land, lot, or parcel of land, or any portion thereof held by any owner, and shall include any alley, sidewalk, parkway, or unimproved public easement abutting such real property, lot, or parcel of land.
RESPONSIBLE PARTY: A person or entity identified by the Municipal Code or law as responsible for creating, causing, committing, or maintaining the violation of the Municipal Code or law and/or responsible for the abatement of a Municipal Code or law violation, including public nuisance, as defined in this section.
STRUCTURE: Anything constructed, built, or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts, and similar recreation areas.
WRECKED: That which has the outward manifestation or appearance of damage to parts and contents that are essential to operation.
For the purpose of this chapter additional definitions in sections 1-12-2 and 10-2-3 of this code shall apply.
SECTION 2. Section 4-2-11 , subdivisions (B) and (C), of Chapter 2 of Title 4 of the Reedley Municipal Code are hereby amended as follows:
4-2-11: SUMMARY ABATEMENT:
B. The owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance shall be subject to any abatement costs, enforcement costs, administrative fines and penalties imposed or incurred by the city pursuant to this chapter. In any action or proceeding in which the City elects, at the initiation of that individual action or proceeding, to recover attorneys' fees under this Section, attorneys' fees will be recovered by the prevailing party.
C. Any abatement actions performed by the city pursuant to this Chapter shall be at the expense of the owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance. The 3 city shall recover its expenses pursuant to the procedures contained in section 4-2-13 of this code, or any other applicable provision of the law.
SECTION 3. Section 4-2-13 of Chapter 2 of Title 4 of the Reedley Municipal Code is hereby added as follows:
4-2-13: COST RECOVERY:
A. Abatement and Enforcement Costs.
1. Special assessment and lien or personal obligation. The cost of abating a public nuisance and/or enforcing the Municipal Code or applicable Federal, State or County law shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property and/or the person responsible for creating, causing, committing or maintaining the public nuisance or violating the Municipal Code or Federal, State or County law. If there is more than one responsible party, each responsible party shall be jointly and severally liable for the costs. Costs incurred by the City are recoverable even if a public nuisance, Municipal Code, or other law violation is corrected by the property owner or other responsible party.
2. Applicability. This Section shall govern the procedures used to recover all abatement and enforcement costs incurred by the City in the abatement of a public nuisance or Municipal Code violation and/or the enforcement of the Municipal Code or other law pursuant to the procedures and authority found in the Municipal Code.
3. Cumulative remedies. The remedies provided in this Section shall be cumulative to any other provided in the Municipal Code or by law.
4. Payment plan. Nothing in this Section shall prevent the City at any time from accepting payment for unpaid costs or penalties in whole or by way of a payment plan.
B. Invoice of Costs.
1. Accounting. The enforcing department shall keep an itemized account of the abatement and/or enforcement costs incurred by the City. Those costs shall be detailed in a report that includes a description of the abatement and/or enforcement action taken by the City; a statement as to whether the monies to be collected are abatement costs, enforcement costs, or penalties; and where applicable a description of the subject property. Any such report may include costs or penalties on any number of properties, whether or not contiguous to each other.
2. Applicability. The enforcing department shall invoice the responsible party for the costs incurred by the City, except that an invoice is not necessary for administrative 4 citations and other fixed penalties where notice of the penalty and an opportunity for appeal of the underlying violation has been provided.
3. Invoice. The invoice shall notify the responsible party of the following:
1. A description of the abatement or enforcement action taken by the City, where applicable a description of the property subject to the abatement or enforcement, and the total amount of the costs incurred by the City. The requirements of this subsection may be met by providing the responsible party with a copy of the report required by subdivision (B)(l) of this Section.
11. That should the responsible party fail to pay the costs within thirty (30) days from the date of service of the invoice the costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the City Attorney's Office through judicial action, or as a special assessment and lien attached to the subject property.
111. That the responsible party has the right to administrative review of the accounting of the costs incurred by the City by filing a written request for such review with the City Clerk within fifteen (15) days of the date of the invoice, and that a failure to request administrative review will be deemed a waiver of a right to review of the amount of the costs. 1v. That before a special assessment is placed on the subject property, the costs will be confirmed by the City Council and a notice will be issued at least fifteen (15) days before the Council meeting.
v. That the invoice may be recorded as a Notice of Costs or Penalties in the Fresno County Recorder's Office.
4. Recording. The enforcing department may record the invoice as a Notice of Costs or Penalties in the County Recorder's Office. Once payment is received for the outstanding costs and/or penalties, or any reduction of costs following administrative review, and no further action will be taken under this Section, the enforcing department shall record a Notice of Satisfaction.
C. Administrative Review of Costs.
1. Right to administrative review. A responsible party shall have the right to administrative review of the accounting of the costs incurred by the City by filing a written request for such review with the City Clerk within fifteen (15) days of the date of the invoice. A failure to timely request administrative review will be deemed a waiver of a right to review of the amount of the costs. 5 2. Procedures for administrative review. If a request for administrative review is timely filed, the City Clerk shall deliver a copy of the accounting report, invoice, and request for administrative review to the City Manager or his/her designee, which may include the appointment of a hearing officer, who shall set a date and time to review the accounting report and invoice with the requesting party. The administrative review shall be conducted pursuant to the procedures provided in Chapter 12 of Title 1. The scope of review shall be limited to the amount of the costs unless there has been no opportunity for a hearing on the underlying violation.
3. Hearing Officer's decision. The hearing officer may affirm or reduce the costs if they determine that the costs are not supported by the evidence or upon a showing that the costs were unnecessary or unreasonable. The hearing officer will not pass upon the validity of the underlying enforcement action or the amount of any penalties unless there has been no opportunity for a hearing of the underlying action. The hearing officer's decision shall be memorialized in writing, in accordance with Section 1-12-7, subdivision (H), of this Code. Following the hearing officer's decision, the City Manager may, with the approval of the Finance Director or his/her designee, approve a payment plan for the costs.
4. Time for payment. The requesting party shall have thirty (30) days from the date of the hearing officer's decision to pay the costs, unless a payment plan is approved by the City Manager, in which case the costs shall be paid in accordance with the payment plan.
5. Prior hearing. There is no right to administrative review if the costs have already been approved by a court of competent jurisdiction. There is no right to administrative review to confirm costs under this section if they have been previously upheld in an abatement or other administrative hearing held under Chapter 12 of Title 1.
D. Recovery of Abatement and Enforcement Costs. Abatement and enforcement costs unpaid after the required time set forth in this Section may be collected in the matter set forth in this Section. To collect costs under these procedures, the City must send an invoice in accordance with subdivision (B) of this Section. Interest shall accrue at a rate of ten percent ( 10%) per year on unpaid costs until paid.
E. Personal Obligation. Any costs or penalties subject to collection under this Section may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the City Attorney's Office for collection. Upon referral of these costs and obligations, the collection agency and the City Attorney's Office may seek collection through any legal means provided to them, including judicial action.
Nothing in this section shall be affected by or affect the City's use of any other procedure provided in this Section or by law to collect unpaid costs and penalties. In a judicial action to recover abatement costs, the City Attorney's Office may elect to recover attorneys' fees. In any action in which the City Attorney's Office elects to 6 recover attorneys' fees under this section, attorneys' fees will be recovered by the prevailing party.
F. Special Assessment and Lien.
1. Collection. Unpaid penalties, abatement costs, and enforcement costs that relate to a property related violation may be confirmed by the City Council as a special assessment and collected with property taxes or as a judgment lien.
2. Notice. Notice of a public meeting to confirm the penalties and/or costs shall be provided to all responsible parties by the enforcing department or City Clerk at least fifteen (15) days before the meeting. The notice shall:
1. Contain a description of the subject property sufficient to enable the person(s) served to identify it;
11. Shall state that the City intends to collect unpaid costs or penalties by placing a lien or a special assessment on the subject property; 111. Shall specify the day, hour and place where the Council will hear and pass upon the penalties and/or costs;
1v. Shall specify that the property may, in some cases, may be sold after three (3) years by the Tax Collector pursuant to Revenue and Tax Code Section 3691 for unpaid delinquent assessments or be subject to judicial foreclosure before the three (3) years; and
v. Shall specify that any responsible party may appear at the Council meeting and present objections to the lien or assessment.
3. Confirmation by City Council. During the Council meeting the Council may adopt a resolution confirming the amount of the penalties and costs, or any lesser amount, based upon staff reports and any public comments received during the meeting. The City Council shall take into consideration whether any responsible party sought administrative review of the costs and shall only reduce the costs if (i) the responsible party sought administrative review, and (ii) the decision of the hearing officer is not supported by substantial evidence in the record. The basis for the code enforcement action will not be the subject of the Council's consideration.
Where the costs have already been approved by a court of competent jurisdiction or the penalties have been previously upheld in an abatement or other administrative hearing held under Chapter 12 of Title 1, the Council shall simply confirm the costs or penalties.
7 The Council may confirm the costs for more than one property in a single resolution. If the Council confirms the costs, the procedures set forth in this section may be utilized.
4. Time to Contest Confirmed Special Assessment or Lien. The validity of any special assessment or lien levied under the provisions of this section shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty (30) days after the special assessment is confirmed by the City Council.
5. Recording. Immediately upon the Council's confirmation of costs or penalties, the City Clerk shall record a Notice of Special Assessment and Lien in the Fresno County Recorder's Office, which shall constitute a lien on that property for the amount of the assessment, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection.
6. Form of Notice of Special Assessment and Lien. The Notice of Special Assessment and Lien for recordation shall be in the form substantially as follows:
NOTICE OF SPECIAL ASSESSMENT AND LIEN
(Claim of the City of Reedley)
Under the authority vested by the provisions of Chapter 2, of Title 4, of the Reedley Municipal Code, the City of Reedley did on or about the _ day of _____ , 20_, assess [ describe penalties, abatement costs, enforcement costs] on the real property hereinafter described; and the same has not been paid nor any part thereof and the City of Reedley does hereby claim a lien for such [penalties, abatement costs, and enforcement costs] to wit: the sum of __ _ dollars, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The same shall be a lien upon the real property until it has been paid in full and discharged of record. Please note that the property may be sold after three (3) years by the Fresno County Tax Collector for unpaid delinquent assessments.
The real property hereinafter mentioned, upon which a lien is claimed, is that certain parcel of land in the City of Reedley, County of Fresno, State of California, more particularly described as follows:
[ description of the real property]
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DATED: this_day of ____ , 20_
(Name)
_________ City of Reedley
(Job Title)
7. Collection with taxes. After confirmation and recordation, a copy may be turned over to the Fresno County Tax Collector. At that point, it will be the duty of the Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and procedures and sale in the cases of delinquency as provided for with ordinary municipal taxes.
8. Foreclosure. After confirmation and recording, the lien may also be foreclosed by judicial or other sale in the manner and means provided by law. The City may recover from the record property owner( s) any costs incurred regarding a foreclosure action.
9. Priority. A special assessment and lien imposed under this section shall have the priority of a tax lien, unless prohibited by State law, in which case the special assessment and lien shall have the priority of a judgment lien.
10. Release of lien. Once payment in full is received for the special assessment and lien, including applicable penalties, administrative fees and interest charges; or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order; or the City has entered into some other arrangement with the property owner for satisfaction of the assessment; the enforcing department shall either record a Notice of Satisfaction or provide the property owner or financial institution with the Notice of Satisfaction so they can record the Notice with the Fresno County Recorder's Office.
11. Refund. The Council may order a refund of all or part of a tax paid pursuant to this section if it finds that all or part of the tax has been erroneously levied. A tax or part thereof shall not be refunded unless a claim is filed with the City Clerk in accordance with the City's claim filing requirements, and in no event later than November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his/her guardian, executor or administrator. 9 SECTION 4. Section 10-16-11, subdivisions (B) and (C), of Chapter 16 of Title 10 of the Reedley Municipal Code are hereby amended as follows:
10-16-11: SUMMARY ABATEMENT:
B. The owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance shall be subject to any abatement costs, enforcement costs, administrative fines and penalties imposed or incurred by the city pursuant to this chapter. In any action or proceeding in which the City elects, at the initiation of that individual action or proceeding, to recover attorneys' fees under this Section, attorneys' fees will be recovered by the prevailing party.
C. Any abatement actions performed by the city pursuant to this Chapter shall be at the expense of the owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the procedures contained in section 4-2-13 of this code, or any other applicable provision of the law.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption. This Ordinance is intended as a restatement and clarification of existing law regarding the City's and property owners' rights and obligations relating to cost recovery and attorney's fees, and is expressly made retroactive and shall apply to any currently pending code enforcement matters within the City.
SECTION 6. 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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10 ATTEST:
The foregoing ordinance was introduced at a regular meeting of the City Council held on May 23, 2023 , and was adopted at a regular meeting of said Council held on June 13, 2023 , by the following vote, to wit:
AYES :
NOES:
ABSENT:
ABSTAIN:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
J: \ wdocs\0 19 1 0\03 0\0 RD\0 103 9420-5 . DOCX
11 DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: ID
May 23, 2023
ADOPT RESOLUTION NO. 2023-033 LEVYING THE FISCAL YEAR 2023-2024
ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
Marilu S. Morales, P.E. , \ )A
City Engineer ~
City
Nicole
Manager
R. Zieba ~
~
RECOMMENDATION
That the City Council:
1. Conduct a public hearing regarding the annual assessment of the City of Reedley Landscaping and Lighting Maintenance District (LLMD) No. 1.
2. After considering public comments, adopt Resolution No. 2023-033, a resolution approving the levying of the annual assessment for the City of Reedley LLMD No. 1.
3. Direct the City Clerk, or her designee, to record this Resolution with the Fresno County office of the Recorder.
EXECUTIVE SUMMARY
The City of Reedley LLMD No. 1 was formed in November of 1989. LLMD No. 1 was established to provide on-going maintenance, operation and servicing of the local pocket parks, open spaces, landscaping and irrigation in local area buffers, entryways and median islands, street trees in park strips, block walls and local street lighting within said District.
On April 25, 2023, the City Council initiated the proceeding for the annual levy and collection of assessments for the LLMD No. 1, preliminarily approved the Engineer's Report for the annual levy and collection of assessments for the LLMD No. 1, and set the public hearing regarding proposed assessments for May 23, 2023. The attached resolution authorizes the levying of assessments as defined in the Engineer's Report.
BACKGROUND
This resolution is required yearly by the Landscaping and Lighting Act of 1972 in order to impose the annual assessments on the county tax rolls for the maintenance and care of landscaped areas in the City's LLMD No. 1 formed in November of 1989. The Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500 et. seq was designed to allow local governments the ability to collect assessments to defray the cost of maintaining and operating landscaping areas and lighting.
Properties within Reedley's LLMD No. 1, as shown on the Assessment Diagrams in the Engineer's Report are separated into benefit zones, such that those properties receiving benefit from a particular improvement are assessed for such improvements in proportion to the benefit received in conformance with Proposition 218 Omnibus Implementation Act.
On April 25, 2023, the City Council adopted Resolution No. 2023-030 preliminarily approving the Engineer's Report for the LLMD No.1 2023-2024 Annual Assessments and Resolution No. 2023-031 for the intent to levy and collect the annual assessments to be approved at a public hearing on May 23, 2023.
The Engineer's Report for 2023-2024 identifies the required funding to help offset the costs for services associated with the City's LLMD No. 1. Receipt of these assessments will ensure the ongoing maintenance, operation and servicing of the local pocket parks, open spaces, landscaping and irrigation in local area buffers, entryways and median islands, street trees in the park-strips, and local street lighting within said District. The levying of these assessments was approved by the property owners during the annexation and formation of each of the Zones listed below.
As of May 15, 2023, no protests from the affected landowners have been received. The LLMD No. 1 Zones to be levied are shown on the attached map exhibit A and listed as follows:
Zone A
Zone E
Zone G
Zone H
Zone I
Zone J
Zone K
Zone L
Zone M
Zone N
Zone 0
Zone P
Zone Q
Zone R
Riverview Estates
Willow Ridge I
Hearthstone
Willow Ridge II
New Horizons
River Ridge Units I, 11 , Ill
Rosewood
Cottage Glen I, II, IV &
Cottage Commons
Parcel Map No. 196
Parcel Map No. 198
The Oaks
Orchard Estates I & 11
Presidential Estates
Reedley Estates
(Hawthorne Heights)
Landscape buffer along Kings River Rd & street lighting Landscape buffer along Buttonwillow Ave, pocket park & street lighting
Landscape buffer along Frankwood Ave, pocket park & street lighting
Landscape buffer along Buttonwillow Ave, pocket park & street lighting
Landscape park strips, street trees, pocket park & street lighting Landscape buffers along Dinuba Ave, Tobu Ave, and Zumwalt Ave, landscape park strips, street trees, SD basin landscape maintenance & street lighting
Landscape buffer along Buttonwillow Ave, landscape park strips, street trees & street lighting
Landscape buffers along Church Ave and Frankwood Ave,
landscape park strips, street trees, street lighting & stormceptor maintenance
Landscape buffers along Buttonwillow Ave and Dinuba Ave & street lighting
Landscape buffers along Manning Ave and Reed Ave,
landscape median island in Manning Ave, street lighting & stormceptor maintenance
Landscape buffers along Buttonwillow Ave and Dinuba Ave & street lighting
Landscape buffers along Frankwood Ave and East Ave ,
landscape median island in Frankwood Ave, East Ave, Olson Ave, landscape park strips, street trees & street lighting Landscape park strips, street trees & street lighting
Landscape buffers along South Ave and Sunny Ave ,
landscape median island in Sunny Ave, landscape park strips, street trees , landscape linear park along Locke Ave, street lighting & stormceptor maintenance
Zone S
Zone T
Zone U
ZoneW
Zone X
Zone Y
Zone Z
Zone AA
Zone BB
Zone CC
Zone DD
Reedley Kings River
Commons Apts.
I St between Manning &
Reed Ave
SPR No. 304-04-06
Monte Vista Estates
Les Schwab Tire Center
Almond Grove
Reed/Aspen Ph. 1
Frankwood Commons
Reed/ Aspen Ph . 2&3
Rancho Vista
River Bottom Area
FISCAL IMPACT
Landscape park strips, street trees & street lighting
A portion of Landscape buffer along I St, landscape median island in I St & street lighting
Landscape buffers along Manning Ave and Buttonwillow Ave & street lighting
Landscape buffers along Buttonwillow Ave & street lighting Landscape buffer along I St & street lighting
Landscape buffer along Frankwood Ave & street lighting
Street lighting
Landscape buffers along Frankwood Ave and South Ave &
street lighting
Landscape buffer along Reed Ave & street lighting
Landscape buffer along Buttonwillow Ave & street lighting Landscape median in Kingswood Parkway & street lighting The City will collect approximately $273,775.23 to offset the cost of maintaining landscaping and street lighting in the District. This is an increase of $10,723.47 from the previous fiscal year due to the consumer price index formula applied to Zones I thru U, W through Z and AA, BB, CC and DD. The FY 2023-24 residential assessments range from $10.30 per year per parcel in Zone A (Riverview Estates) to $360.30 per residential parcel in Zone R (Reedley Estates). The FY 2023-24 assessments for Zones I thru U, W through Z and AA, BB, CC and DD are being proposed to increase from FY 2022-23 by an inflation factor of 5.59% in accordance with the U.S. Bureau of Labor Statistics Data, Annual All Urban Consumer Price Index for the San Francisco-Oakland-Hayward area.
PRIOR COUNCIL ACTION
On April 25, 2023, City Council adopted Resolution No. 2023-029 initiating proceedings for the annual levy and collection of assessments for the LLMD No. 1. At the same meeting City Council adopted Resolution No. 2023-030 preliminarily approving the Engineer's Report of the City of Reedley's 2023-2024 annual assessments for LLMD No. 1 and adopted Resolution No. 2023-031 stating the Council 's intention to levy and collect the annual assessments for this LLMD No. 1 and setting the date for the public hearing on May 23, 2023.
ATTACHMENTS
1. Resolution No. 2023-033, Approval of levying the FY 2023-2024 Annual Assessment for City of Reedley LLMD No. 1
2. Exhibit A - Landscaping and Lighting Maintenance District No. 1 Zone Location Map
RESOLUTION NO. 2023-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
CONFIRMING ASSESSMENT DIAGRAM AND LEVYING THE FISCAL YEAR 2023-2024 ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
WHEREAS, on November 7, 1989, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, the City Council of the City of Reedley did adopt its Resolution Initiating Proceedings for formation of the Landscaping and Lighting Maintenance District No. 1 of the City of Reedley (herein "LLMD No. 1 "); and WHEREAS, the City Council did thereafter declare its intention to form and did form the said LLMD No. 1 and did levy and collect the first assessment and subsequent annual assessments for the maintenance and operation of the landscaping facilities in said LLMD No. 1; and
WHEREAS, the City's designated Assessment Engineer has prepared and filed a report with the City Clerk entitled "City of Reedley for Landscaping and Lighting Maintenance District No. 1 2023/2024 Engineer's Report" ("Engineer's Report") in accordance with Streets and Highways Code section 22565 et seq. as directed by the City Council, and the City Council preliminarily approved the Engineer's Report by adopting Resolution No. 2023-030; and WHEREAS, the City Council adopted Resolution No. 2023-031 on April 25, 2023, a Resolution of Intention in accordance with Streets and Highways Code section 22624, and set a public hearing on the levy of the proposed assessment for May 23, 2023 at 7:00 PM, or soon thereafter; and
WHEREAS, the proposed annual assessments for LLMD No. 1 as contained in the Engineer's Report do not constitute increased assessments as described in Government Code section 54954.6; and
WHEREAS, the Resolution of Intention was published in accordance with applicable law, and the May 23, 2023 public hearing was duly noticed; and WHEREAS, the public hearing was conducted on May 23, 2023, and all oral statements and written protests were received and considered by the City Council, and a majority protest was not filed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, approves Resolution No. 2023-033 based on the following :
1. The above recitals are true and correct.
2. The Council hereby determines that the territory within the LLMD No. 1, the boundaries of which are set forth in the Engineer's Report 2023-2024 Annual Assessment for Landscaping and Lighting Maintenance District No. 1 and on file with the City Clerk, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer's Report.
3. The hearing on said annual levy of assessment was held in accordance with applicable law and a majority protest was not filed .
4. The City Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer's Report.
5. The assessment diagram showing the assessment district referred to in said Resolution of Intention and said also the subdivisions of land within the District, as contained in said Engineer's Report, is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
6. The City Clerk shall file the diagram and assessment, as confirmed , or a certified copy thereof, with the auditor of the County of Fresno no later than July 31 , 2023.
7. This resolution is effective immediately upon adoption.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 23rd day of May 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution No. 2023-033
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MINUTES
REEDLEY AIRPORT COMMISSION MEETING
Thursday, February 16, 2023 at 4:00 p.m.
1. CALL TO ORDER
A meeting of the Reedley Airport Commission was held at the Reedley Community Center, 100 N. East Avenue, Reedley, California and called to order by Carl Smith at 04:00 p.m.
2. ROLL CALL AND INTRODUCTION OF GUESTS
A. Commissioners Present: Carl Smith , Chairperson; Anthony Jewell, Matt Cochran, B. Commissioners Absent: Butch Agrifoglio; Vice Chairperson; Joseph Oldham C. Staff Present: Sarah Reid , Airport Manager; Kayla Cheney, Administrative Assistant D. Others Present: None
3. APPROVAL OF MINUTES
A. Motion by Commissioner Smith, seconded by Commissioner Jewell to approve the November 17, 2022 Airport Commission minutes. Motion carried.
4. PUBLIC DISCUSSION - None
5. NEW BUSINESS
A. RC Event- Reid shared with the Commission she has been in contact with Erik Lacour and rather than tenants contacting Lacour to schedule a time to fly in and out, it has been recommended from a tenant that there should be windows of time rather than constant traffic. This means the airport would be completely closed, outside of the designated windows. Lacour and the tenant have gotten together and are working through a descriptive NOT AM . Reid shared from 9am-9pm the airport will be closed. Commission Smith shared a lunch break just for our tenants from 12:00-1 :00pm could give tenants a chance to fly in and out if needed. Reid stated the fee for the event will run the RC Club $1 ,824.00. Commissioner Smith stated he would like to see a donation cup placed out for the Airport Beautification fund for anyone to give what they think is appropriate.
Commissioner Smith stated he would like to look at moving the RC Event down towards the hangars for 2024. Reid stated the Wednesday before Memorial Day there should be a meeting with the City, a couple Commissioners, and the RC club to discuss this.
B. 2023 Annual Airport BBQ- The Commission would like to stick with a fall date like 2021. The first Sawrday in October is the 7th . All Commissioners present were in favor with moving forward with October 7 for the annual airport BBQ.
6. AIRPORT MANAGER REPORT
A. Capital Improvements - The apron project is wrapping up B. Weed Control - The asphalt has been sprayed. Reid stated she will be in contact with Paul Huebert to get discing done.
C. Landscaping/Parking - None
D. Public Relations/Airport Promotion - There will be a newsletter sent out in monthly bills in April.
E. BMX Track - Are asking for more property.
F. Hangar Vacancies - None
G. Electric Planes/Charging Station - None
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7. ADJOURNMENT
MINUTES
REEDLEY AIRPORT COMMISSION MEETING
Thursday, February 16, 2023 at 4:00 p.m.
As there was no further business to discuss, it was moved by Commissioner Cochran, seconded by Commissioner Jewell to adjourn at 5: 18 p.m.
C-~2=---s
Carl Smith , Chairperson
ative Assistant
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