March 28, 2023 — Reedley City Council
Documented by Josef Sibala
Here’s What You Need To Know
- During the meeting, the Reedley City Council adopted the introduction and first reading of Ordinance 2023-004, repealing and replacing Chapter 2 of Title 2 of the Reedley Municipal Code concerning membership on the Community Services Commission.
- The council revised the ordinance to include individuals who hold a position with an established government, nonprofit, or similar type of organization within the city’s sphere of influence.
- The council approved the recommendation to reject claims by Marlene Ayungua and Gloria Sasaki against the city. Denial-by-minute order action allows Acclamation Insurance Management Services (AIMS) to begin its investigation and resolve the claim promptly.
- According to the statewide exception, the City of Reedley has to approve proposals for accessory dwelling units of 800 square meters, no taller than 16 feet, and 4 feet away from one’s side neighbor’s fence.
Follow-Up Questions
- How will statewide exceptions on accessory dwelling units affect the city?
- When will the city finalize updates to the general plan?
The Scene
According to its website, the City Council regularly meets on the second and fourth Tuesday of each month at 7 p.m. at the Reedley City Council Chambers at 845 G St. in Reedley, 559-637-4200, ext. 212.
Reedley City Council members present:
- Mayor Anita Betancourt
- Mayor Pro Tem Matthew Tuttle
- Councilmember Mary Fast
- Councilmember Suzanne Byers
- New Councilmember Scott Friesen
Reedley City council members not present:
Councilmember Scott Friesen
Others present:
- City Manager Nicole Zieba
- City Attorney Laurie Avedisian-Favini
- Assistant City Manager Paul Melikian
- City Clerk Ruthie Greenwood
- Chief of Police Jose Garza
- Community Services Director Sarah Reed
- Community Development Director Randy Horton
- City planner Ellen Morre
- Tim Perez
Discussions/Actions
Tim Perez urged the council to promote sports events in Reedley.
1 The council (4-0) approved the minutes of the regular council meeting of March. 14, 2022
2 The council (4-0) approved the recommendation of rejection of Marlene Ayungua
According to the claim form, on Feb. 24 through Feb. 25, 2023, the claimant sustained flooding damage to their vehicle parked in front of their property at 760 S. Carolyn Lane in Reedley.
The claimant alleged that the city was negligent because of their lack of immediate action and not having an emergency flood plan, which 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, Acclamation Insurance Management Services (AIMS) found no evidence of negligence and liability on the part of the city of Reedley.
They said the staff took all immediately available measures to manage stormwater in this neighborhood during an extraordinarily severe rainfall event that occurred in a short period. AIMS has therefore recommended that the claim be rejected.
Under 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 the council, the claim will be rejected on the last day. Denial-by-minute order action provides a clearly defined rejection date and allows AIMS to begin its investigation and take appropriate action to resolve the claim promptly.
3 The council (4-0) approved the recommendation of rejection of Gloria Sasaki.
Sasaki alleges that on March 10, 2023, she was walking on the sidewalk near 731 S. Carolyn Lane in Reedley when she tripped on 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 a person or property and does not interfere with 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 receiving the complaint, an asphalt patch was placed to remove the trip hazard. Under 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 the council, the claim will be rejected on the last day. Denial-by-minute order action provides a clearly defined rejection date and allows AIMS to begin its investigation and take appropriate action to resolve the claim promptly.
4 In the first reading, the council (4-0) adopted the introduction of Ordinance 2023-004 repealing and replacing Chapter 2 of Title 2 of the Reedley Municipal Code concerning the Community Services Commission (reported by Community Services Director Sarah Reed)
In 2017, there was a change to this section of the Reedley Municipal Code which allowed two commissioners to live outside 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, staff has sometimes found it challenging to find individuals willing to serve on the commission who have a passion for parks and recreation and are willing to volunteer to attend meetings and participate in Community Services activities. The staff knows some individuals who work in Reedley and consider it their hometown, even if they live on the city’s outskirts or one of the surrounding cities.
Revisions to the current ordinance language include individuals who hold a position with an established government, nonprofit, or similar type of organization within the city’s sphere of influence.
The number of individuals within the sphere of influence or work for an organization will be limited to two members.
The workshop is as follows:
5 Council received the zoning code update from the Community Development Department (reported by Community Development Director Rodney Horton and city planner Ellen Moore)
Zoning regulates land uses and guards against potential conflicts between land uses, such as extensive heavy industrial use adjacent to residential use.
Reedley is divided into 20 zoning districts, each with its development standards. There are some things that property owners can do by right and others through a hearing process before the Planning Commission or the City Council.
An example is a conditional use permit application heard by the Planning Commission and appealed to the City Council.
Subdivision rules regulate the division of land. The California Map Act establishes requirements for improvement to be dedicated to the public, such as curbs, sidewalks, easements, etc.
Subdivision rules remove inconsistencies. For example, a political office erected a sign on two palm trees. The zoning code forbids signs on trees. In another section, political signs are permitted with the property owner’s approval.
The general plan should achieve consistency, particularly in its goals and policy. The plan must reflect changes in state law, especially accessory dwelling units, day care homes, and housing.
In the last five years, California has passed 200 bills on housing. Hence, the city must update the general plan to keep up with recent legislation and make it clear and understandable to the public.
The steps for zoning update are as follows
- Researching existing conditions and reviewing existing code
- Project management and coordination with the consultant team
- Project initiation and holding public engagements
- Public review of the draft
- CEQA compliance
- Presenting before a planning commission and city council for final consideration.
He said the city is in the drafting stage regarding updating the General Plan.
The project kickoff started in January 2022. Stakeholders commented on what they wanted to see in the community. The consensus was to streamline projects that go to the Planning Commission, which city staff can handle.
The Community Development Department has published two bilingual newsletters.
The department compiled a “fix-it” list of what is wrong in the existing code and what property owners can do rightfully or through a conditional use permit (CUP).
The department has completed two drafts of chapters of the zoning code along with the Property Development Standards.
City planner Ellen Morre said the accessory dwelling unit (ADU) is a size-restricted unit that one can add to a property that already has a single-family home.
The common size restriction for a detached ADU is up to 1,200 square feet, which is a small house with kitchen facilities independent from the primary unit.
State law states that the owner can simultaneously build a primary unit and an ADU even if the property is vacant. Hence, owner occupancy is not required for an ADU.
When living in a typical single-family home, one is limited in the structures in the property that one can build. However, state laws exclude ADUs from the calculation.
Residents can convert the garage into an ADU. Placement parking is not mandatory.
State law requires a 5-foot side yard and a 4-foot rear yard setback for a single-family dwelling.
The statewide exception ADU means that the city has to approve when one proposes an ADU with 800 square meters, no taller than 16 feet, and 4 feet away from a side neighbor’s fence.
During the conversion to ADU, development impact fees are waived. However, the city charges development impact fees when an ADU is created through new construction of less than 750 square feet.
SB 9 allows residents to build up to 4 units on two properties. For example, property owners can have an average 6,000-square-foot lot, subdivide, and build two units on each of the new lots. The property owner can add ADUs.
Also, SB 9 has an owner-occupancy requirement lasting three years. Council member Mary Fast said that state laws have eroded local discretion.
The meeting lasted until 10 p.m. The next City Council meeting will be on Tuesday, April 11, at 7 p.m.
If you believe anything is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.