ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL LESS THAN 72 HOURS PRIOR TO A
REGULAR MEETING REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION, DURING NORMAL BUSINESS HOURS, AT THE CITY CLERK’S OFFICE & CITY HALL LOBBY LOCATED AT 1700 7TH STREET AND SANGER LIBRARY 1812 7TH STREET, SANGER, CA 93657. THE DOCUMENTS ARE ALSO AVAILABLE ON THE CITY’S WEBSITE, WWW.CI.SANGER.CA.US.
AMENDED AGENDA
SANGER CITY COUNCIL
REGULAR MEETING
THURSDAY, MARCH 17, 2022
6:00 P.M.
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS
1. Woman of the Year Award.
2. Introduction of newly appointed Police Officer Eddie Castrejon, newly promoted Corporal Henry Diaz and newly promoted Corporal Angela Yambupah.
AVAILABLE FOR REVIEW 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S
OFFICE AND THE SANGER CITY HALL
LOBBY.
The Council Chamber will be open to the public.
This meeting will also be available for public viewing and participation through Zoom.
Weblink: https://us02web.zoom.us/j/84585574098
Telephone number: 1-669-900-9128
Meeting ID: 845 8557 4098
Public comment will be accepted in person, via Zoom, and by email at [email protected]. 1 City Council Agenda
March 17, 2022
Note: The following item will commence no sooner than 6:15 PM.
E. PUBLIC HEARING
1. SUBJECT: Public Hearing No. 5 Regarding City Council District Boundary Adjustments.
RECOMMENDATION: That the City Council conduct Public Hearing No. 5 to: 1) review the final map; and 2) waive full reading and introduce Ordinance No. 2022-03 Amending Chapter 2, Article II of the Sanger City Code Regarding By- District Elections, Adjusting the Boundaries of City Council Election Districts as Required by Law.
F. PRESENTATIONS
1. Measure S Grantee Quarterly Reports.
a. Boys & Girls Club
b. SAM Academy
G. PUBLIC FORUM
(This portion of the meeting is reserved for persons desiring to address the Council on any matter not otherwise on the agenda and within the jurisdiction of the City Council.
Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Councilmember or member of the staff. Speakers should limit their comments to three (3) minutes.)
H. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Councilmember may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Warrants including Check Nos. 86051 through 86216.
RECOMMENDATION: This is not an action item.
2. SUBJECT: Payroll including Direct Deposit Nos. 56082 through 58347; Payroll Check Nos. 58323 through 58358; and Benefit Check Nos. 1760 through 1767.
RECOMMENDATION: That the City Council approve.
3. SUBJECT: Police Department Monthly Report.
RECOMMENDATION: Informational item.
4. SUBJECT: Fire Department Monthly Report.
RECOMMENDATION: Informational item.
2 City Council Agenda
March 17, 2022
5. SUBJECT: Remote City Council Meetings Under New Brown Act Requirements (AB 361).
RECOMMENDATION: If Council wishes to Continue with Remote Teleconference Meetings, Council needs to adopt attached Resolution No. 2022-16 Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361.
6. SUBJECT: Adoption of Ordinance No. 2022-02 Relating to Towing Services.
RECOMMENDATION: That the City Council waive the second reading in full and adopt Ordinance No. 2022-02 Repealing Article III of Chapter 86 of the Sanger City Code and Adding New Article III to Chapter 86 Relating to Towing Services.
7. SUBJECT: Faller Avenue and Lincoln Park Sidewalk Project.
RECOMMENDATION: That the City Council: 1) Award the contract for the project to Witbro, Inc. dba Seal Rite Paving and Grading, 4237 W. Swift Avenue, Fresno, CA 93722, in the amount of $171,839.00, as lowest responsive and responsible bidder; and 2) Approve a construction contingency for change orders in the amount of $17,200 (10%) for this project; and 3) Authorize the City Manager to execute contract documents on behalf of the City.
8. SUBJECT: Sanger Sidewalk Gap Closure Project.
RECOMMENDATION: That the City Council: 1) Award the contract for the project to Witbro, Inc. dba Seal Rite Paving and Grading, 4237 W. Swift Avenue, Fresno, CA 93722, in the amount of $106,408.00, as lowest responsive and responsible bidder; and 2) Approve a construction contingency for change orders in the amount of $10,700 (10%) for this project; and 3) Authorize the City Manager to execute contract documents on behalf of the City.
9. SUBJECT: Sanger Landscaping and Lighting Maintenance District No. 1.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-17, initiating proceedings to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No. 1.
10. SUBJECT: Sanger Landscaping and Lighting Maintenance District No. 2.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-18, initiating proceedings to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No. 2.
3 City Council Agenda
March 17, 2022
11. SUBJECT: Dedication and Acceptance of Public Street and Utility Easement for Muscat Avenue.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-19, which: 1) Dedicates a public street and utility easement within the existing footprint of Muscat Avenue from a fee title parcel owned by the City of Sanger; and 2) Authorizes the City Manager to sign the Deed on behalf of the City; and 3) Accepts the right-of-way dedication for public street and utility purposes for Muscat Avenue.
12. SUBJECT: Consultant Services Agreement with 4 Creeks, Inc.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-20 approving consultant services agreement between the City of Sanger and 4 Creeks, Inc., relating to the North and Greenwood Residential Project and authorize the City Manager to execute on behalf of the City.
13. SUBJECT: Budget Amendment for Wildland Protection Grant.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-21 authorizing the budget amendment in the amount of $333,333 due to a grant aware from the California State Budget Act.
14. SUBJECT: 2022Q2 Quarterly Allocations to Measure S Grant Recipients.
RECOMMENDATION: That the City Council authorize the 2022Q2 quarterly allocation to Boys & Girls Club in the amount of $18,500, and to SAM Academy in the amount of $19,000.
I. DEPARTMENT REPORTS
1. SUBJECT: City Water System Update
RECOMMENDATION: Informational Item.
J. CITY MANAGER/STAFF COMMUNICATION
1. COVID-19 Update – informational only.
2. SUBJECT: Confirmation of Executive Order 22-03.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-22 confirming Executive Order 22-03 issued by the Director of Emergency Services for the City of Sanger lifting the indoor masking for vaccinated persons and reopening City Hall on February 16, 2022.
4 City Council Agenda
March 17, 2022
K. MATTERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Council Members to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)
1. SUBJECT: Special Projects List.
RECOMMENDATION: That the City Council: 1) Approve Resolution No. 2022-23 approving projects for expenditures under the $800,000 amount for Council determination pursuant to the FY 2021-2022 budget; and 2) Adopt Resolution No. 2022-24 approving a budget amendment to the Fiscal Year 2021- 22 budget to record the revenue estimation and appropriation of $800,000 from the General Fund Balance.
2. SUBJECT: Budget Amendment for Women’s History Month Celebration.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-25 authorizing the budget amendment in the amount of $1,000 for Women’s History Month Celebration.
3. SUBJECT: North Academy Corridor Ad Hoc Committee.
RECOMMENDATION: Per Council direction, that the City Council consider establishment of a North Academy Corridor Ad Hoc Committee.
L. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate at this meeting, please contact the City Clerk’s Office at 559/876-6300 Ext 1350. Notification of 48 hours prior to the meeting will enable the City Clerk to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102.35.104 ADA Title II).
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 14th day of March 2022.
Rebeca P. Ramirez, City Clerk
5 For the Meeting of: March 17,2022
Agenda Item No.:
CrrY oF SINGER
RE,PORTTO THE, CIry COUNCIL
E-r
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Becky Ramirez, City Clerk
Hilda Cantri Montoy, City Attorney
Public Hearing No. 5 Regarding City Council District Boundary Adjustments (Redistricting) and Introduction of Ordinance Adjusting District Boundaries Ordinance No. 2022-03 with Exhibit "A"
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council conduct Public Hearing No. 5 to: 1) review the final map; and2) waive full reading and introduce Ordinance No. 2022-03 Amending Chapter 2, Article II of the Sanger City Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts as Required by Law.
EXECUTIVE SUMMARY:
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. The redistricting process for the City of Sanger must be completed by April 17,2022.
The City held its first public hearing on September2,202l, its second public hearing on October 7, 2021, its third public hearing on January 6,2022, and its fourth public hearing on March 3,2022. At its March 3,2022 hearing, Council moved to select Map 202 as the preferred map for the purpose of introducing an ordinance adopting a final map.
Prepared by: Becky Ramirez, City Clerk Approved by:
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM:
X
Consent
Informational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
6 The purpose of this hearing is to review the final map prepared by the City's consultant, and to introduce the Ordinance approving the map selection. The Ordinance updates the current ordinance and includes detailed recitals regarding the process utilized by the City for redistricting which meets state and federal law. The Ordinance includes necessary text concerning the adjusted boundaries for each district.
Under Elections Code Section2I609 of the Fair Maps Act, failure to adopt district maps by the deadline will require the City to petition the Superior Court in the County for an order adopting district boundaries. Failing to do so within 5 days will allow any resident to file a petition in the superior court for the same and allow the recovery of reasonable attorney's fees and costs. If a petition is validly filed, the court may adjust electoral deadlines and appoint a special master to assist it in the process. The City is required to pay for the special master and associated costs. Because an ordinance may only be adopted at a regular meeting, April 7th is the last date that Council may take action without violating the Fair Maps Act.
BACKGROUND:
The City adopted its current district boundaries on June 2l,20l2,based on 2010 census data as required by law. The districts must now be redrawn using the2020 census data and in compliance with the FAIR MAPS Act ("Act"), which was adopted by the California legislature as AB 849 and took effect January 1,2020.
Under the Act, the Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c)) for general law cities:
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Geographically contiguous
3. Undivided neighborhoods and "communities of interest" (socio-economic geographic areas that should be kept together)
4. Easily identifiable boundaries
5. Compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
1. Minimize the number of voters delayed from voting in2022 to 2024
2. Respect voters' choices / continuity in office
3. Future population growth
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
o At least one hearing must occur before the city or county draws draft maps o At least two hearings must happen after the drawing of draft maps o The fourth hearing can happen either before or after the drawing of draft maps . City or county staff or consultants may hold a public workshop instead of one of the required public redistricting hearings
7 To increase the accessibility of these hearings, cities and counties must take the following steps o At least one hearing must occur on a Saturday, Sunday, or after 6 pm on a weekday o If a redistricting hearing is consolidated with another local govemment meeting, the redistricting hearing portion must begin at a pre-designated time
o Local public redistricting hearings should be made accessible to people with disabilities Next Steps
On April 7,2022, the City Council will adopt the ordinance establishing the new boundaries. 8 ORDINANCE NO. 2022-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANGER, CALIFORNIA AMENDING CHAPTER 2,
ARTICLE II OF THE SANGER CITY CODE REGARDING
BY.DISTRICT ELECTIONS, ADJUSTING THE
BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS
AS REQUIRED BY LAW
WHEREAS, the United States Census Bureau is required by Article I, Section 2, of the United States Constitution to conduct an accurate count of the population every ten years; and WHEREAS, California Elections Code $ 21601 requires that following each decennial federal census, and using that ccnsus as a basis, thc Council shall, by ordinance or resolution, adjust the boundaries of any or all of the Council election districts of the City so that the districts shall be substantially equal in population as required by the United States Constitution, California Constitution, and the Federal Voting Rights Act. In establishing the boundaries of the districts, the Council must give consideration to the following factors in the following priority: (a) contiguity of districts, (b) respecting communities of interest, (c) drawing easily identifiable districts through use of natural or artificial boundaries and (d) compactness of territory in districts; and
WHEREAS' the City of Sanger electors adopted Ordinance No. 1113 providing that the City be divided into four councilmember districts and that councilmembers for those districts be elected by district and said ordinance was codified in Chapter2, Article II, Section 2-29 of the Sanger City Code; and
WHEREAS, Califomia Elections Code S 21602 requires that the Council adopt an ordinance amending Council districts no later than April 17,2022; and WHEREAS, under Sanger City Code Section 2-29 (h), the City Council is required to adjust council district boundaries following each decennial federal census and in accordance with Elections Code Section 21600; and
WHEREAS, on September 27,2021, the Census Bureau sent 2020 Census data to the State of California with an offrcial population estimate of 26,720 residents for the City of Sanger; and WHEREAS, the City Council held public hearings on September 2,2021, October 7,2021, February 17,2022, and March 3,2022, where the Council received briefings from the City's demographic consultant and staff relating to the redistricting process and state and federal redistricting criteria, including the Califomia Elections Code, the Federal Voting Rights Act and the United States Constitution heard public testimony; and
9 WHEREAS, at the February 17 ,2022, and the March 3,2022 public hearings the Council received a presentation of several draft maps prepared by the City's demographic consultant for compliance with applicable laws and standards and received and reviewed additional maps submitted by the public; and
WHEREAS, at the March 3, 2022 public hearing, the City Council agreed on Map 202, designating it as the prefened map and thereby directing that it be presented to the Council for adoption by Ordinance at subsequent meetings as required by law; and WHEREAS, during the public hearings, public comment was received on redistricting criteria, communities of interest, and draft maps; and
WHEREAS, at each of the public hearings on redistricting, the Council heard testimony relating to "communities of interest," which led the Council to reach the following determinations about communities of interest on the preferred map, as required under federal and state law:
(l) The election districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and with minimal intrusions from the area of one district into another.
(2) To the extent practicable, the preferred map respects the geographic integrity of local neighborhoods and local communities of interest.
(3) The Council heard testimony about what constitutes communities of interest in the public's view.
(3) The election districts are easily identifiable and understandable by residents. The districts in the preferred map form a relatively simple pattem. (4) To the extent practicable, the election districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The election districts are balanced in terms of total population and voting age population. The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.
(6) The election districts conform to concentration of minority voters WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.
NOW, THEREFORE, THE CITY COI.INCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
10 SECTION 1.
reference.
The foregoing recitals and findings are true and correct and incorporated by SECTION 2. This Ordinance is adopted following four noticed City Council public hearings as required by California Elections Code section 21607.I and two additional public hearings in compliance.
SECTION 3. Subsection2-29 (d) of Section 2-29 f Chapter 2 (Administration), Article II (City Council) of the Sanger City Code is amended to read as follows:
Section 2-29 (d)
The boundaries of the four councilmember districts are described as follows D is trict E lectio n B o undarie s
District 1
The region bounded and described as follows: Beginning at the point of intersection of Greenwood Ave and 9th St, and proceeding northerly along Greenwood Ave to 4th St, and proceeding easterly along 4th St to West Ave, and proceeding northerly along West Ave to 3'd Street, and proceeding westerly along 3'd Street to Greenwood Ave, and proceeding northerly along Greenwood Ave to Oak Ave, and proceeding westerly along Oak Ave to Fairbanks Ave, and proceeding northerly along Fairbanks Ave to the City northern border, and proceeding clockwise along the City border to RainbowAve, and proceeding westerly along RainbowAve and 8th St to K St, and proceeding southerly along K St to 9th St, and proceeding westerly along 9th St to the point of beginning.
District 2
The region bounded and described as follows: Beginning at the point of intersection of Rainbow Ave and the City's eastern border, proceeding westerly along Rainbow Ave and 8th St to K St, and proceeding southerly along K St to 9th St, and proceeding westerly along 9th St to O St, and proceeding southerly along O St to l4th St, and proceeding westerly along 14th St to Park Ave, and proceeding southerly along Park Ave to Cherry Ave, and proceeding westerly along Cherry Ave to De Witt Ave, and proceeding southerly along De Witt Ave to North Ave, and proceeding easterly along North Ave to Swan Ave, and proceeding southerly along Swan Ave to the City border, and proceeding counter- clockwise along the City border to the point of beginning.
District 3
The region bounded and described as follows: Beginning at the point of intersection of Jensen Ave and Greenwood Avenue, and proceeding northerly along Greenwood Ave to 4th St, and proceeding easterly along 4th St to West Ave, and proceeding northerly along West Ave to 3'd Street, and proceeding westerly along 3'd Street to Greenwood Ave, and proceeding northerly along Greenwood Ave to Oak Ave, and proceeding westerly along Oak Ave to Fairbanks Ave, and proceeding northerly along Fairbanks Ave to the City northern border, and proceeding counter-clockwise along the City border to the JensenAve, and proceeding easterly along Jensen Ave to the point of beginning.
11 District 4
The region bounded and described as follows: Beginning at the point of intersection of Greenwood Ave and Jensen Ave, and proceeding southerly along Greenwood Ave to 9th St, and proceeding easterly along 9th St to O St, and proceeding southerly along O St to 14th St, and proceeding westerly along l4th St to ParkAve, and proceeding southerly along Park Ave to Cherry Ave, and proceeding westerly along Cherry Ave to De Witt Ave, and proceeding southerly along De Wtt Ave to E North Ave, and proceeding easterly along North Ave to Swan Ave, and proceeding southerly along Swan Ave to the City border, and proceeding clockwise along the City border to Jensen Ave, and proceeding easterly along Jensen Ave to the point of beginning.
The foregoing district boundaries are depicted on the "City Council District Boundaries Map" in Exhibit "A" of Ordinance No.2022-03 and on file in the City Clerk's Off,rce which is hereby adopted and incorporated by this reference. These boundaries will remain in effect until amended by ordinance as required by law.
SECTION 4. City Council elections shall continue to be conducted "by districts" in four districts as set forth in Section 2-29 as amended herein.
SECTION 5. All ordinances and resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed.
SECTION 6. The City Manager and City Clerk are directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the election district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
SECTION 7. The City Clerk is hereby directed to provide a certified copy of this Ordinance and a copy of the GIS shapefile reflecting the adjusted council district boundaries to the Fresno County Registrar of Voters for use in subsequent Sanger City Council Elections.
SECTION 8. Compliance with Califomia Environmental Quality Act. This activity is exempt from environmental review under the California Environmental Quality Act ("CEQA") (Pub.
Resources Code, $ 21000 et seq.) pursuant to State CEQA Guidelines, (Cal. Code Regs., tit. 14, $ 15000 et seq.) $$ 15061(b)(3), 15320, and 1537S(bX3). The redistricting process is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, $$ 15061(bX3); 15378(b)(5).) In the event the transition process does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, $ 15320.) None of the exceptions to the exemptions found in State CEQA Guidelines, $ 15300.2 apply.
12 SECTION 9. Severabilitv. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 10. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
SECTION 11. Publication. The City Clerk shall certit' to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Sanger, pursuant to all legal requirements.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on March 17,2022 and was passed and adoptedata regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
ATTEST: APPROVED
Rebeca P. Ramirez, City Clerk
City of Sanger
Eli Ontiveros, Mayor
City of Sanger
13 ilAil
202
City of Sanger
Redistricting 2021
Map layers
ffi zoz
-- Railroad
Streets
National Demopgaphics Corporation
December 28,2021
3 0s7%
67.28%
1 2,04%
80.26%
02021 CAL|PER
14 City of Sanset - PIan 202
Category Field I ) 3 4 Total
2020 Census
Total Population 6,816 6,598 6,7 l8 6,588 26,720
Population Deviation 136 -82 38 -92 228
Pct. Deviation 2.04Vo -1.230 0.57o/o -7.380k 3.47o/o
'I'otai Pop.
FIisparuc/Latino 87Vo 920h 73o/o 78o/o 830h
NFI Whitc 90 5Yo 200h 13o/o 720k
NII Black 1Vo 10 10h 70h 70h
NI'I Asim/Pac.Isl. zYo 70h 5o/o 7% 4Vo
NH Native Amer. 00k jYo 10h 1Vo 10k
Citizen Voting Age Pop
'l'otal 3.794 2.572 3.286 3.884 13.536
FIisp 8oo/o 940k 670 64Yo 7sVo
NFI Whitc 740k 5Vo 270k 25% 190h
NFI Black jYo \Vo 0% \Vo 00k
Asian/Pac.Isl. 4o/o 1Vo 5% 700 60k
Native Amer. 4Yo 00h 1Vo 10k zYo
Voter Rcgistration (Nov
20n)
Total 3,747 2,409 3,601 3,416 12,573
Latino est. 81Vo 880h 67Vo 76Vo 77o/o
Spanish-Surnmed 750k 82Vo 62% 690h 710k
Asim-Surnamed 70h 0% 2Vo 4%
FiJipino-Surnmed 7o/o 2o/o 7Vo 1Vo 10h
NII White est. 220k 80k 380h 24Vo 25Vo
NII Black Oo/o 70k jYo 00k IVo
Votcr Turnout (I.{ot
2020)
'I'otal 2,091 1,524 2,7M 2,492 8,851
Latino est. 79Vo 870k 64Vo 740k 1s\o
Spanish-Surnmed 740h 820h 59% 68Vo 690k
Asim-Surnamed 10k 00h 2% 4o/o 20h
Fi)ipino-Surnmed 70 20h 70k lYo 70h
NI I Whrte est. 220k $Yo 38Vo 240h 25o/o
NII Black jYo lok jYo 00h Oo/o
Voter 'furnout (I.,iot
2018)
'I'otal 1.356 878 1.867 1,701 5,802
Latino est. 7glo 870k 58% 700h 71Vo
Spanish-Surnmed 750h 83Yo 540k 650k 67Vo
Asian-Surnamed 10h 0o/o 2o/o 4o/o 2o/o
Filipino-Surnamcd 10 2o/o 10k 10k 10k
NFI White est. 21Vo 80h 43Vo 280k 28o/o
NFI Black est. 00h 1Vo 0% \Vo 00
Age
agc0-19 33Vo 37o/o 360h 33Vo 33Vo
age20-60 57v. 560h 46% 54Vo 520k
zqe60plus 17o/o 1zYo 17o/o 130k 150k
Immigration immigrants 210k 28Vo 19% 27Vo 240h
naturalizcd 4OVo 31Vo 32o/o 29o/o 330k
Language spoken at
home
eng[sh 40Vo 20v. 590k 48Yo 41Vo
spanish 590h 790k 370k 45Vo 56Vo
asianJang 00h 70 zYo 30h 2Vo
other lang 00h 0% 20k 30k 70h
Language Flucncy Speaks Eng. "kss than
Very Well"
26Vo 350h 10% 16Vo 220h
Education (among those
age25+)
hs-grad 430k 44Vo 55o/o 55o/. 490h
bachelor 6Yo 3Vo 13% 140k 9%
graduatcdcgree 4Vo 1Vo 5% 4Vo 30k
Chrld in Household child-under18 46Vo 47o/o 44o/o 50Vo 470h Pct ofPop. Agc 16+ employed 59o/o 64Vo 60% 64Yo 620/0
Flousehold Income
income 0-25k 21Vo 37o/o 20Vo 780 24o/o
incomc 25-50k 32Vo 300 21% 30Yo 28Vo
income 50-75k 170h 74Vo 73o/o 130h 14Vo
income 75-200k 280h 190h 45% 370k 33o/o
income 200k-plus 00k 1o/o 20h 1Vo
Flousing Stats
single family 91Vo 770k a2vo 850h 84Vo
multi-family 9o/r 230h 18% 1sYo 160h
rentcd 500k 63Yo 26% 44Vo 450h
ovned 50Vo 37Yo 74o/o 560k 55Vo
Total population daa from Califorf,ia's adjustcd 2020 Ceosus data. Citizcn Voting Age Population, .Age, Immigntion, and othcr demographics from the 2015-2019 Amcrican Community Sueey and Spccial 'Iabulation 5-yer data. Turnout and Regstntion data ftom California Statcwide Dahbase ("Latino" figurcs calculatcd by NDC using Census Burqu's Latino undercount by surnme estimatc). 15 SA NGE
,ii
R
Fot the Meeting of; March 77,2022
Agenda Item No.
H-l
CrrYoF SINGER
RE,PORT TO THE, CITY COT]NCIL
To:
From:
Subject:
Mayor and City Council
Darryl Smith, Interim Administrative Services Director
Warants
RECOMMENDATION:
This is not an action item. The attached Final Check List(s) includes Check Nos. 86051 through 86216
Prepated by: Approved by:
REVIEW: City Finance: City Attorney, Jhr^
TYPE OF ITEM:
x
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
16 apChkLst
0111412022 12:36:40PM
Bank : waap WESTAMERICA BANK
Check # Date Vendor lnv Date Description
11t19t2021 VET CARE
y'oto dLb ?6otl
Page:1
Amount Paid Gheck Total
128.00 128.00
lnvoice
2417 PET \/ETS 57403
ACEVES-CRUZ, JULIAN REIMB
REIMB
ADLERHC)RST I NTERNATIONI 1 07 522
107626
ADVENTI{iT.HEALTH TOXICOI. 1 584
FinalCheck List
City of Sanger
rl:
86051 1t14t2022
Voucher:
86052 1t14t2022
Voucher:
86053 1t14t2022
Voucher:
86054 1t14t2022
Voucher:
86055 1t14t2022
Voucher:
86056 1t14t2022
Voucher.
86057 1t14t2022
Voucher:
86058 1t14t2022
Voucher:
86059 111412022
Voucher.
86060 1t14t2022
Voucher:
86061 1t14t2022
Voucher:
86062 1t14t2022
Voucher:
86063 1t14t2022
Voucher:
86064 1t14t2022
Voucher:
ALARMWATCH
AMERITAS
AT&T LONIG DISTANCE
04418
10787
0001 5
11604
1 0738
07024
06650
09934
001 33
02464
00922
1'1630
09872
08477
12t1t2021
1t1t2022
1t3t2022
12t7t2021
12t3t2021
12t8t2021
12t31t2021
11t15t2021
10t31t2021
724.11
700.83
250.34
248.98
244.71
73.20 448.96
127.41
1,000.00
DOG FOOD (K9)
DOG FOOD (K9)
K9 TRAINING
K9 TRAINING
DRUG/ALCOHOL TESTING
DRUG SCREEN
DRUG SCREEN
VEHC MAINT'09 FRD #037
CENTRAL VALLEY TOXICOLO(3 1 6063
316262
CHEVROL.ET BUICK GMC 77668
COLANTUONO,HIGHSMITH & 50597
coMcAST 135782059
1 37798388
coMcASt- CABLE 230483
234428
230483
5646
cooKs coMMU NtcATtoN CO1 49722
14961 9
CVFNS 1296
55551 0 12t20t2021 ALARM MONTTOR (SHELTR)
301 379
301 379
81 838891 9
12t11t2021
11112022
11t29t2021
1t4t2022
1t3t2022
11t3t2021
11t10t2021
12t9t2021
1 93.1 I
131.69
460.00
460.00
276.00
35.00 1,276.79
143.80
336.49
215.00
100.00
143.16
153.24
324.88
920.00
276.00
35.00 1,420.59
336.49
537.57
302,935.00
315.00
143.16
153.24
1,424.94
817.23
576.37
1,000.00
1212012021 EMP DENTAL INS PE 12117121
1212812021 EMP DENTAL INS PE 12124121
11412022 LONG DIST PHN CHRGS
CENCALAUTO & TRUCK PAR-DEC 121 31 12021 AUTOMOTIVE PARTS 537.57 CENTRAL SAN JOAQUIN VALL2O22-0231 1211712021 WORKERS COMP/LIABILITYA 302,935.00 11612022 LEGAL SRVS (PG&E LAWSUI-
86065 1t14t2022 02714
Voucher:
86066 111412A22 11583
Voucher:
ETHERNET SRVS (DSPCH)
ETHERNET SRVS (DSPCH)
INTERNET CAM (501 ACAD)
INTERNET SRV-PD
INTERNET CAM (501 ACAD)
CABLE SRV-PD
BEAR MTN REPEATER
SOLENOID/TIMER
VICTIM EXAM
C t
Page: 1
17 apChkLst
0111412022 12;36:40PM
Bank : waap WESTAMERICA BANK
Gheck# Date Vendor
(Continued)
lnvoice
FRANCO, RICHARD REIMB
FRESNO ICITY COLLEGE 16308584-85
FRESNO COUNTY DEPT OF H5674
5679
FRESNO IHUMANE ANIMAL SE2O2109
FinalGheck List
City of Sanger
Page: 2
Amount Paid Gheck Totallnv Date Description
1/312022 CCPOA MEMBER DUES
1 0t 1 9 t2021 REGt ST F EEt 1 0-1 8-21
1212212021 DISPATCH SRVS-OCT
1212212021 DISPATCH SRVS-NOV
1212012021 ANIMAL VACC (SH ELTR)
86067 1t14t2022
Voucher:
86068 1t14t2022
Voucher:
86069 1t14t2022
Voucher:
86070 1t14t2022
Voucher:
03699
00299
0031 B
1 0994
30.00 73.00
1,253.50
1,253.50
61.00 30.00
73.00 2,507.00
61.00 p
Voucher:
86072 1t14t2022
Voucher:
86073 1t14t2022
Voucher:
86074 1t14t2022
Voucher:
86075 1t14t2022
Voucher:
86076 1t14t2022
Voucher:
86077 1t14t2022
Voucher:
86078 1t14t2022
Voucher:
86079 1t14t2022
Voucher:
86080 1t14t2022
Voucher:
86081 1t14t2022
Voucher:
86082 1t14t2022
Voucher:
86083 1t14t2022
Voucher.
07174
02931
11282
02560
06572
06719
09085
10972
11757
11627
02223
00533
FRESNO"TRUCKCENTER 1189942
GBAUTO SERVICE, INC 3639
H EALTH I\NANAG EflI E NT ASSO 2 O2O7 2-6
HENRY SCHEIN INC 13408805
14750434
HERWALDT MOTORSPORTS 30321
30412
INTERSTATE BATTERIES 209769
I NTERWEST CONSULTING GF74993
JOHNSOI\I, JOSHUA
KINGS INDUSTRIAL OCC MED131799
KOEFRANI 490307
486941
LANGUAGE LINE SERVICES 10429904
1 040961 5
LI EBERT CASSI DY WHITMORI2OggsO
209951
209952
12t23t2021 VEHC MATNT #A357
12t17t2021 TTRES (PD)
1t6t2022 CONSULTTNG (tcT PROGRAT\
11t30t2021 NtTRtLE GLOVES (PD)
1212712021 AMB MEDICAL SUPPLIES
121312021 MOTOR MAINT & PARTS
121312021 MOTOR LIGHT & LABOR
11312022 BATTERY
1t6t2022 PLANS EXAMR (1000 MUSCA
PERDIEM 11412022 PER DtEM/1-9-22
121912021 PRE-EMP PHYSICALS
847.32
271.59
663.75
1,758.41
622.50
1,057.58
60.1 5
142"29
397.50
385.00
200"00
350.00
350.00
9.27 8.22
741.00
669.00
468.00
847.32
271.59
663.75
2,380.91
1,117.73
142.29
397.50
385.00
200.00
700.00
17.49 1,878.00
12t31t2021
11t30t2021
12t31t2021
11t30t2021
11130t2021
11t30t2021
11130t2021
ACO FREEZERS
ACO FREEZERS
TRANSLATION SRV
TRANSLATION SRV
PROF LEGAL SRVS
PROF LEGAL SRVS
PROF LEGAL SRVS
Page.2
18 apChkLst
0111412022 12:36:40PM
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
LIFE ASSIST, INC. 1164529
LOPEZ, MARIA REFUND
LOZANO {iMtTH 2152508
2154021
METRO UNIFORM & ACCESS(239033
23891 0
238985
238625
240144
239048
240614
239102
MIGHTY MART INC. 113021
123121
MISSION LINEN SUPPLY DEC
MONTOY LAW CORPORATIOI\ NOV
MUNITEMPS STAFFING 130045
NATIONITIVESTIGATIONS 6122021
NWESTCO LLC 402791
PACIFIC C|AS & ELECTRIC NOV
PERF 11507
PROFESSIONAL PRINT & MAII110671
110687
PSP STOFIES LLC 1304907
599075
2203912
Page: 3
Amount Paid Gheck Total
1,330.08
30.00 Inv Date Descriotion
PROF LEGAL SRVS
PROF LEGAL SRVS (SO KING
UNIF SUPPLIES (PALMA)
UNIF SUPPLIES (PD)
UNIF SUPPLIES (PD)
UNIF SUPPLIES (TORRES)
UNIF PATCHES (ESTES)
UNIF SUPPLIES (GERVACIO)
UNIF SUPPLIES (PD)
UNIF SUPPLIES (PD)
FUEL (MOTORS)
FUEL (MOTORS)
PW UNIFORM/LINEN SRV
FinalCheck List
City of Sanger
Bank
Check #
86084 1t14t2022
Voucher:
86085 1t14t2022
Voucher:
86086 1t14t2022
Voucher:
86087 1t14t2022
Voucher:
86088 1t14t2022
Voucher:
86089 1t14t2022
Voucher:
86090 1t14t2022
Voucher:
86091 1t14t2022
Voucher:
86092 1t14t2022
Voucher:
86093 1t14t2022
Voucher:
86094 1t14t2022
Voucher:
86095 1t14t2022
Voucher:
86096 1t14/2022
Voucher:
86097 1t14t2022
Voucher.
1211012021
1t10t2022
11t22t2021
11t18t2021
11119t2021
11t1212021
12t14t2021
11t22t2021
12t23t2021
1112312021
11t30t2021
12t31t2021
12t31t2021
866.00
168.00
430.1 6
255.23
238.76
139.29
134.76
117.15
68.21 56.23
198.46
140.00
2,767.81
9,582.00
2,714.50
'1,600.00
167.20
122,568.25
200.00
1,034.00
1,439.79
33B.46
2,767.81
9,582.00
2,714.50
1,600.00
167.20
122,568.25
200.00
2,768.34
199.68
00534
11986
02614
06571
06909
00596
08717
11974
11806
11987
02737
04227
03989
11586
12t22t2021
12t30t2021
1114t2021
10t29t2021
11t12t2021
1,718.07
1,050.27
63.68 68.00
68.00 11412022 GURNEY SHEETS/BLANKETS 1,330.08
1011212021 YOUTH BSKTBL FEE 30.00
1211312021 PROF LEGAL SRVS
12t23t2021 TEMP LABOR (SR ACCT)
121 17 12021 PRE-EMP BACKGROU N DS
1212212021 FUEL PUMP REPAIR
1113012021 GAS & ELECTRIC SRV
1211512021 MEMBERSHIP
tNSTDE SGR VOL#115 (JAN)
UTILITY BILLING SRVS
DOG FOOD (K9)
DOG FOOD (K9)
DOG FOOD (K9)
Page: 3
19 apchklst
0111412022 12:36:40PM
Bank: waap WESTAMERICA BANK
Check# Date Vendor
(Continued)
QUADIEN'T INC
ROBERT I-1ALF 59125602
59125608
SANCHEZ:AUTO REPAIR & SfV11216
SANGER (]HAMBER OF COMI\5868
5869
SILVA'S OIL COMPANY INC. DEC
SPARKLE'TTS '10553809
9407216
I 0553809
9410545
9410548
561 98TERRYBERRY
THIRD ALr\RM FIRE EQUIP CC346003
TODD COIN4PANIES
TRANS UNION RISK & ALTERI62151
UN|TY tT 363417
UNLIMITED TECHNOLOGIES BO3O9
US BANK 6244
VALLEY SI1REDDING ,109982
VI NCENT COMMUNICATION II.83031
FinalCheck List
City of Sanger
lnvoice Inv Date Descriotion
58777146 1213112021 POSTAGE METER RENTAL
Page: 4
Amount Paid Check Total
259.03 259.0386098 1t14t2022
Voucher:
86099 1t14t2022
Voucher:
86100 1t14t2022
Voucher:
86101 1t14t2022
Voucher:
86102 1t14t2022
Voucher:
86103 1114t2022
Voucher:
86107 1t14t2022
Voucher:
86108 1t14t2022
Voucher:
86109 1t14t2022
Voucher:
861'10 1t14t2022
Voucher:
86111 1t14t2022
Voucher:
86112 1t14t2022
Voucher:
86104 1t14t2022 00848
Voucher:
86105 1t14t2022 09237
Voucher:
86'106 1t14t2022 09314
Voucher:
09429
02119
04766
00433
03709
02536
09880
08821
09239
09303
11840
01620
12t29t2021 TEMP LABOR (HR)
12t29t2021 TEMP LABOR (HR)
12t30t2021 TOWTNG SRV (PD)
111112021 PROF SERVICES-NOV
121112021 PROF SERVICES-DEC
12t31t2021 GASOLTNE
11112022 BOTTLED WATER
11112022 DRINKINGWATER
121412021 BOTTLED WATER
11112022 BOTTLED WATER
11112022 BOTTLED WATER
1112312021 EMP SERVICE PINS
1111512021 HELMETS
1,477.60
591.04
75.00 5,000.00
5,000.00
18,294.18
144.10
140.88
'100.75
77.30 47.82
1,058.36
2,599.65
22,192.00
8,438.38
3,782.90
809.40
279.70
1,606.9'1
27.00 7,539.08
45.00 4,773.93
2,A68.64
75.00 10,000.00
18,294.18
510.85
1,058.36
2,599.65
35,222.68
279.70
1,606.91
27.00 7,538.08
45.00 4,773.93
3 3
4 4
12t22t2021
12t22t2021
12t27t2021
12t27t2021
111t2022
KELLY BASI N RECHRG/PMT#:
WEST SGR BASIN RECHRG/F
WEST SGR BASIN RECHRG/F
KELLY BASI N RECH RG/PMT#
INVESTIGATIVE ACCESS I NF(
12t15t2021 tT SERVTCES (PD)
11112022 ALARM MONITOR
1211512021 CALCARD PMT
12131 12021 DOC SHREDDING
121612021 MOBILE RADIOS/MICS/ANTEI
Page:4
20 'apchklst
0111412022 12:36:40PM
Bank
Check #
FinalGheck List
Gity of Sanger
Amount Paid
1,604.22
18.27 140.00
140.00
Page: 5
Gheck Total
1,622.49
280.00
-s5'4,62$€8
e {51a,ol'7. bQ
86113 1t14t2022 04798
Voucher;
86114 1t14t2022 04596
Voucher:
(Continued)
lnvoice
vsP 20687
20687
ZWEIGLE SEPTIG SERVICE 36404
36348
lnv Date Description
EMP VISION INS-JAN
EMP VISION INS-JAN
TOILET/HANDWASH (RANGE'
TOI LET/HAN DWASH (RANGE'
waap WESTAMERICA BANK
Date Vendor
12119t2021
12t19t2021
12131t2021
12t3t2021
Sub total for WESTAMERICA BANK:
Page: 5
21 ' apchkLst
0111412022 12:36:40PM
64 checks in this report.
FinalGheck List
City of Sanger
Page: 6
:
Grand Total All Checks: g6e$fir6O-
p ss'lr, ot"l.tov
Page:6
22 apChkLst
0112812022 12:30:19PM
Bank : waap WESTAMERICA BANK
Gheck # Date Vendor
86115 1128t2022 10494
Voucher.
86116 1t28t2022 04482
Voucher:
Page:1
Amount Paid Check Totallnvoice
AIRGAS USA LLC 9985481373
9121266835
ALEX FOOD MART & CARWAS110121
124221
123121
ALLIED ELECTRIC 2036862
ALVARADO, RACHEL
AM CONSU LTI NG ENGI N EERS2O21 -235
2021-266
AMERITAS 301379
ANAYA, CELENA ANDREA RefOOOO9O4BO
ASCAP 500612917
AT&T MOB|L|TY 287286160185
831514171
287288454255
BELTZ, NATHAN REIMB
BMt 2134903
BOYS & GIRLS CLUB JAN-MAR
BRADFORD-SMITH, MANDY L RefOOOO9O475
BROCKETT, JOSH REIMB
BSN SPORTS, LLC 914721403
CALIFORNIA PERMITS 2246
lnv Date Description
OXYGEN CYL RENTAL
OXYGEN (MEDICAL)
CARWASHES (PD)
CARWASHES (PD)
CARWASHES (PD)
LIGHTS (STREETS)
ENG SRVS-2020 UWMP
ENG SRVS 2O2O UWMP
EMP DENTAL INS PE 117122
FinalCheck List
City of Sanger
86117 1t28t2022
Voucher:
86118 1t28t2022
Voucher:
86119 1t28t2022
Voucher:
86120 1t28t2022
Voucher:
86121 1t28t2022
Voucher:
86122 1t28t2022
Voucher:
86123 1t28t2022
Voucher:
00032
11994
11239
07024
12004
07535
07501
REFUND 11t19t2021 COMM CTR DEPOSTT
12t31t2021
11412022
11t112021
12t2t2021
12131t2021
11312022
12t4t2021
1t6t2022
1t10t2022
209.23
150.56
235.00
170.00
50.00 421.16
250.00
11 ,760.00
10,380.00
2,091.40
149.41
24.92 1,539.82
730.79
237.15
265.00
391.00
18,500.00
91.61 261.11
317.50
194.24
3s9.79
455.00
421.16
250.00
22,140.0A
2,091.40
149.41
24.92 391.00
18,500.00
91.61 261.11
317.50
194.24
86124 1t28t2022
Voucher:
86125 1128t2022
Voucher:
86126 1t28t2022
Voucher:
86127 1t28t2022
Voucher:
86128 1t28t2022
Voucher:
86129 1t28t2022
Voucher:
86130 1t28t2022
Voucher:
08861
08801
0931 1
11999
11143
1 0820
11605
112712022 UB Refund Cst #00025673
12A12022 MUS|C LrC
1213112021 MDTAIR CARDS/CELL SRV
1211912021 CELL PHN CHRGS
11212022 CELL PHN CHRGS (FD)
11512022 UNIF SHOES
1t2t2022 MUSTC LIC (P&R)
112612022 MEAS'S' GRANT 2022
112712022 UB Refund Cst #00019082
111212022 UNIF SUPPLIES
11 11812021 EXERCISE EQUIP
9t10t2021 PERMtT REFUND (1870 SWAI
76 00
,507
265
2 (
Page. 1
23 apChkl-st
0112812022 12:30:19PM
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
CAMPAS, ARACELI R RefO00090477
CANON FI NANCIAL SERVICES27958O87
C ENTRAL VALLEY TOXI COLO 1316281
CHARLES TESTERMAN GEN I89O
CHEVROLET BUICK GMC 78138
78495
78163
77646
77403
COLLEY, MARK 2602
COLLINS & ASSOCIATES 1243
1256
coMcAST 137424618
1 38605826
COMCASTCABLE 234428
215187
5646
cooKs coMMUNtcATtoN col 49959
CORTES, SERGIO 21-4316
COUNTY OF FRESNO, TREAS154174
CURTIS&SONS,LN 558046
DEPARTMENT OF JUSTICE 558289
543616
549584
REIMB
Page:2
Amount Paid Check Total
66.48 66.48
1,518.72
215.00
6,751.00
1,518.72
215.00
6,751.00
lnv Date Descriotion
112712022 UB Refund Cst #00024265
111312022 COPIER USAGE & LEASE
1111012021 DRUG SCREEN
1211312021 DIGESTER VALVES & LABOR
FinalGheck List
City of Sanger
Bank
Check #
861 31
86132
861 33
86134
861 35
1t28t2022
Voucher:
1t28t2022
Voucher.
1t28t2022
Voucher:
1t28t2022
Voucher:
1t28t2022
Voucher:
86136 1t28t2022
Voucher:
86137 1t28t2022
Voucher:
86138 1t28t2022
Voucher:
86139 1t28t2022
Voucher:
86140 1t28t2022
Voucher:
86141 1t28t2022
Voucher:
86142 1t28t2022
Voucher:
86143 1t28t2022
Voucher:
86144 1t28t2022
Voucher:
12001
11599
02464
09972
00922
11990
01841
09872
08477
02714
11993
01611
0051 5
00245
1t3t2022
1t18t2022
1t4t2022
12t30t2021
12t8t2021
12t20t2021
11t1t2021
1t3t2022
1t1t2022
1115t2022
1t7t2022
1t18t2022
1t8t2022
115t2022
VEHC MAINT'20 FRD #206
VEHC MAINT'21 FRD #5127
VEHC MAINT'16 CHV #S108
VEHC MAINT'16 FRD #S105
VEHC MAINT "I6 FRD #S105
PERMIT REFUND (291 BREHL
CITY PLANNING SRVS
CITY PLANNING SRVS
TELECOMM SRVS
ETHERNET SRVS (501 ACAD)
INTERNET SRV.PD
INTERNET SRV
CABLE SRV-PD
VEHC DOCKING STAT & LAB(
89.36 89.36
312.45
3,395.20
2,1A0.84
450.00
8,167.50
6,765.00
2,537.83
310.43
252.98
1 53.1 6
73.24 1,196.71
140.96
548.80
224.98
5,987.21
450.00
14,932.50
2,848.26
479.38
1,196.71
140.96
548.80
224.98
559.00
250.00
111712022 PROP RETURN TO OWNER
11712022 DEVICE REGIST FEE
121612022 BATTERY PACK
1t10t2022
11t3t2021
12t3t2021
1t7t2022
350.00
113.00
96.00 250.00
DRUG/ALCOHOL TESTING
FINGERPRINTAPPS
FINGERPRINTAPPS
MEDIC LIC RENEWAL86145 1128t2022 11988
Voucher:
ELLIS GILMORE, SKYLER
Page'.2
24 hpChkl-st
0112812022 12:30:19PM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
(Continued)
lnvoice
EMPLOYAMERICA 40L2110
EMPLOYMENT DEVELOPM EN 94408424
ENERPOWER 72476
72477
71 888FEDERAL EXPRESS
FRESNO ALARM COMPANY 21685
FRESNO COUNTY TREASU RE 19047
FRESNO COU NTY TREASU RE2221 42
222177
222238
222555
222680
222483
222702
222280
FRONTIER JAN
GARCIA, ANTHONY REIMB
GARNER, GREG PERDIEM
GARZA, JOSE ANGEL JR Ref000090478
GB AUTO SERVICE, INC 3883
3997
GONZALEZ, REBECCA Ref000090481
FinalCheck List
City of Sanger
lnv Date Description
PARK MAINT-DEC
EMPLOYMENT TAX
ELECTRIC RATE SAVINGS
ELECTRIC RATE SAVINGS
DELIVERY SRV (PW)
INSP FEE tD#281321 (WELLIi
INSP FEE ID#281318 (WELL6)
INSP FEE tD#281319 (WELLTI
rNSP FEE tD#280073 (FUEL/O
|NSP FEE tD#281317 (WELL2/
INSP FEE lD#281324 (WELLlz
tNSP FEE tD#281323 (WELL8)
INSP FEE ID#281322 (WELLg)
TELEPHONE SRV
Page: 3
Amount Paid Gheck Total
3,225.00 3,225.00
9,470.749,470.74
86146 1t28t2022
Voucher:
86147 1t28t2022
Voucher:
86148 1t28t2022
Voucher:
86149 1t28t2022
Voucher:
86150 1t28t2022
Voucher:
86151 1t28t2022
Voucher:
86152 1t28t2022
Voucher:
09307
00970
11329
00300
05055
00323
00326
12t31t2021
12t31t2021
1t21t2022
1t21t2022
12131t2021
1t16t2022
1t1t2022
ALARM MONITOR 75.00 75.00
DISPATCH SRVS-JAN/RMS JI\ 35,289.94 35,289.94
2,686.00
53.00 46.78
173.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
4,533.84
50.31 240.28
50.51 631.24
695.39
29.95 2,739.00
46.78 1,384.00
4,533.84
50.31 240.28
50.51 1,326.63
29.95 1,327.50
12t31t2021
12131t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
1t7t202286153 1t28t2022
Voucher:
86154 1t28t2022
Voucher:
86155 1t28t2022
Voucher:
86156 1t28t2022
Voucher:
86157 1t28t2022
Voucher.
86158 1t28t2022
Voucher:
86159 1t28t2022
Voucher:
1 0345
11174
11924
12002
02931
12005
11282
1t21t2022 FUEL (CALLOUT)
1t6t2022 PER DIEM/2-6
112712022 UB Refund Cst #00024948
1t10t2022
1t19t2022
1t27t2022
TIRES (PD)
TIRES (PD)
UB Refund Cst #0002592'l
H EALTH MANAGEMENT ASSO2O272-7 1 t10t2022 CONSULTTNG (tcT PROGRA|\ 1,327.50 Page. 3
25 apChkLst
0112812022 12:30:19PM
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
INTLASSOC OF CHIEFS OF P1207294
|TRON, tNC. 609106
JOHNSON, JOSHUA PERDIEM
JORGENSEN CO. 5980378
KAISER PERMANENTE - OHS 1051972
KAUR, HARPREET REFUND
KINGS INDUSTRIAL OCC MED134525
KINGS WATERALLIANCE 50
43 LANGSCAPING 21-4773
21-4772
LEAGUE OF CALIF CITIES 58204
LEIST & ASSOCIATES 118
LIFE ASSIST, INC. 1145303
1144456
LOZANO SMITH, LLP 2154069
METER VALVE & CONTROL 2052
METRO UNIFORM & ACCESS(241955
240490
MONDRAGON, DULCE DIANA 19-5767
Page: 4
Amount Paid Gheck Total
190.00 190.00
2,076.27
309.00
150.00
230.00
100.00
135.00
2,076.27
309.00
150.00
230.00
100.00
135.00
lnv Date Descriotion
1212812021 MEMBER DUES
1211212021 METER SOFTWARE MAINT
1 t27 t2022 PER DtEM/2-6-22
1212312021 I NSTRUMENT CALI BRATION
11912022 DOT/DMV EXAMS
1112912021 TINY TOT BSKTBL FEE
111112022 PRE-EMP MEDICAL EXAMS
FinalGheck List
City of Sanger
Bank
Check #
86160 1t28t2022
Voucher.
86161 1t28t2022
Voucher:
86162 1t28t2022
Voucher:
86163 1t28t2022
Voucher:
86164 1t28t2022
Voucher:
86165 112812022
Voucher:
86166 1t28t2022
Voucher:
86167 1t28t2022
Voucher:
86168 1t28t2022
Voucher:
86169 1t28t2022
Voucher:
86170 1128t2022
Voucher:
86171 1t2812022
Voucher:
86172 1t28t2022
Voucher:
86173 1t28t2022
Voucher:
86174 1t28t2022
Voucher:
86175 1t28t2022
Voucher:
01428
10263
10972
00483
10379
11995
11757
11997
091 38
00528
11998
00534
02614
11996
06571
11992
12t20t2021
12t20t2021
1t24t2022
1124t2022
1t7t2022
MEMBER DUES-DOMESTIC F
MEMBER DUES-INDUSTRIAL
LANDSCAPE MAI NT.OLIEVET
LANDSCAPE MAINT (DEC/JAI
JOB ADV
21,030.06
6,855.95
5,430.00
19,418.00
300.00
17,986.65
243.86
26.04 828.00
1,400.00
169.71
141.07
275.37
27.886.01
24,848.00
300.00
17,986.65
269.90
828.00
1,400.00
310.78
275"37
11 t29t2021 tNVEST|cATtON #2021 -03
14t26t2021 STETHOSCOPE
1012212021 AMB MEDICAL SUPPLIES
1I1OI2O22 PROF LEGAL SRVS
12131 12021 ITRON UPGRADE
1t20t2022 UNtF SUppLtES (pD VOLTR)
12121 12021 STINGER BATTERIES
11712022 EVID RETURN TO OWNER
Page: 4
26 apChklst
0112812022 12:30:19PM
FinalCheck List
City of Sanger
Page: 5
Amount Paid Check Total
Bank
Gheck #
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice Inv Date Description
86176 1t28t2022 08962
Voucher:
86177 1t28t2022 04148
Voucher:
86178 1t28t2022 03356
Voucher:
MOORE TWI N I NG ASSOCIATE 1377 1 56
1377584
23661 38
236007
1377267
2366389
1377582
1377111
236631 5
2366783
2366008
1377268
1377298
1377903
2366781
1377901
2366543
2366388
2366544
236601 0
1377583
1377112
2366316
2366009
1377340
2366784
1377129
2366314
2366782
1377266
NOW DOCS |NT'L tNC. 67268
oFFtcE DEPOT 89444562
12t13t2021
12t22t2021
1t5t2022
1t3t2022
12t15t2021
1t10t2022
12t22t2021
12t10t2021
1t10t2022
1t20t2022
1t3t2022
12t15t2021
12t1st2021
12t30t2021
1t20t2022
12130t2021
1t13t2022
1110t2022
1113t2022
1t3t2022
12t22t2021
12t10t2022
1t10t2022
1t3t2022
12t16t2021
1t20t2022
12t10t2021
1t10t2022
1t20t2022
12115t2021
11t29t2021
WATER SAMPLING
DBCP TESTING
DBCP TESTING
DBCP TESTING
DBCP TESTING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER TESTING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER SAMPLING
WATER TESTING
DBCP TESTING
WATER SAMPLING
WATER SAMPLING
DBCP TESTING
DBCP TESTING
WATER SAMPLING
DBCP TESTING
W2 PAPER & ENV
16.00 452.00
432.00
432.00
328.00
226.00
160.00
160.00
160.00
'146.00
128.00
128.00
100.00
100.00
100.00
80.00 80.00
50.00 50.00
46.00 46.00
46.00 46.00
45.00 32.00
25.00 1,132.00
1,122.00
560.00
468.00
322.92
6,896.00
322.92
2,266.6412131 12021 OFFICE SUPPLI ES 2,266.64
Page: 5
27 apChkLst
0112812022 12:30:19PM
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
O'REILLYAUTO PARTS 366809
368057
367699
PETERS ROOFING INC 17769
17794
PRECIADO, NICOLAS LAMAS RefOOOO9O479
PROFESSIONAL PRINT & MAII110677
PROVOST & PRITCHARD ENCB9662
QDIGITIZING 10844
QUADIENT FINANCE USA INC4981
RANDSTAD 30312959
30309246
30359814
30357111
66612RED WING SHOE STORE
ROBERT HALF 591 99040
59236234
JAN-MARSAM ACADEMY
SANCHEZAUTO REPAIR & SM16424
16434
SANCHEZ, MARTIN 20-1051
SANGER CHAMBER OF COM[\5870
SANGER FIREFIGHTERS REIMB
37656
36961
Page: 6
Amount Paid Gheck Totallnv Date Descriotion
VEHC REP PARTS
VEHC REP SUPPLY
WIPER BLADES
ROOF REP (COMM CTR)
ROOF REP (PD)
UB Refund Cst#00025276
FinalGheck List
City of Sanger
Bank
Check #
861 80
8618'1
861 82
861 83
861 84
861 85
861 86
1t28t2022
Voucher:
1t28t2022
Voucher:
1t28t2022
Voucher:
1t28t2022
Voucher:
1t28t2022
Voucher:
1128t2022
Voucher.
1t28t2022
Voucher:
041 33
12003
03989
06201
11354
11964
02489
01295
02119
11326
04766
1199'1
00433
00807
09922
76.16 34.34
8.05 300.00
150.00
200.00
1,698.30
3,311.00
912.00
56.67 1,262.29
I ,099.14
970.35
889.97
209.65
1,017.27
640.80
19,000.00
39.75 39.75
76.00 5,000.00
815.16
118.55
450.00
200.00
1,698.30
3,311 .00
912.00
56.67 4.221.75
209.65
'1 658.07
19.000.00
79.50 76.00
5,000.00
81 5.16
186.00
86179 1t28t2022 08739
Voucher:
12t22t2021
12t30t2021
12t28t2021
12122t2021
12t22t2021
1t27t2022
1212812021 I NSERTS-STREET SWEEPI N(
1I1BI2O22 PROF SRVS (SO KINGS GSA)
111212022 DEPT PATCHES
1I1OI2O22 POSTAGE FUNDS
12t26t2021
12t26t2021
1t2t2022
1t2t2022
12t14t2021
TEMP LABOR SRV
TEMP LABOR SRV
TEMP LABOR SRV
TEMP LABOR SRV
SAFETY BOOTS86187 1128t2022
Voucher:
86188 1t28t2022
Voucher:
86189 1128t2022
Voucher:
86'190 1t28t2022
Voucher:
86191 1t28t2022
Voucher:
86192 1128t2022
Voucher:
86'193 1t28t2022
Voucher:
86194 1t28t2022
Voucher.
1t11t2022
1t18t2022
1t26t2022
TEMP LABOR SRV
TEMP LABOR SRV
MEAS'S'GRANT 2022
1110t2022
1/11t2022
1t7t2022
VEHC SMOG'12CHV
VEHC SMOG'12 CHV
EVID RETURN TO OWNER
11112022 PROF SERVICES-JAN'22
112112022 VACUUM CLEANERS
1t13t2022
4t6t2021
TURNOUT UNIF REPAIRS
UNIF ZIPPER REP
SCOTT'S PPE RECON INC 151.00
35.00 Page: 6
28 apChKLst
0112812022 12:30:19PM
Bank
Check #
WAAP WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
SEASONS & REASONS, LLC 1337
SESAC rNC 747443
STATE WATER RESOURCES (198366
SUBURBAN PROPANE 3806041464469
494917
SUPERIOR POOL PRODUCTS 2017578
2017579
2017576
2017577
SWANSON FAHRNEY FORD 217472
217453
SWRCB ACCOUNTING 1033629
TAMEZ, CORINA REIMB
TARASCOU, GREG REIMB
TRANS UNION LLC 12151687
TYLER TECHNOLOGIES INC 362762
UNITED PARCEL SERVICE 85012
UN|TY rT 363339
363459
VALLEY WIDE PEST CONTRO 733,1 O
VANDALE, JEANNE 2310
VASQUEZ, DAVID M Ref000090476
Page: 7
Amount Paid Check Total
1,850.00 1,850.00
513.00
2,03'1.00
513.00
2,031.00
Inv Date Description
1I2OI2O22 MILITARY BANNER REMOVAL
12t14t2021 MUS|C LtC FEE
1t5t2022 pERMtT FEE (BpMp) tD#sC10
FinalGheck List
City of Sanger
86195 1t28t2022
Voucher:
86196 1t28t2022
Voucher:
86197 1t28t2022
Voucher:
86198 1t28t2022
Voucher:
86199 1t28t2022
Voucher:
04984
09507
00967
11796
10973
86200 1t28t2022
Voucher:
86201 1t28t2022
Voucher:
86202 1t28t2022
Voucher:
86203 1t28t2022
Voucher:
86204 1t28t2022
Voucher:
86205 1t28t2022
Voucher:
86206 1t28t2022
Voucher:
86207 1128t2022
Voucher:
86208 1t28t2022
Voucher:
86209 1t28t2022
Voucher:
86210 1t28t2022
Voucher:
08757
01732
1 0860
0501 5
04117
04091
03575
08821
09477
11989
I 2000
12t20t2021
12t20t2021
1t10t2022
1t10t2022
1t10t2022
1t10t2022
1111t2022
1t5t2022
12t22t2021
1t18t2022
1t14t2022
12t25t2021
12t1t2021
1tIt2022
11t16t2021
1t17t2022
1t24t2022
1t5t2022
1t27t2022
PROPANE
PROPANE
BULK CHLORINE (WELL2s)
BULK CHLORINE (WELL14)
BULK CHLORINE (WELLg)
BULK CHLORINE (WELLg)
VEHC REP'16 FRD #S105
VEHC REP'21 FRD #S13,1
WATER SYSTEM FEE ID#101(
MILEAGE REIMB (SEP-NOV)
TRAVEL REIMB/1-9-22
PRE-EMP CREDIT CHECKS
EDEN SOFTWARE/MAI NT SU I
DELIVERY SRV (FD)
COMPUTERS & SOFTWARE (
IT SERVICES
PEST CONTROL
PERMIT REFUND (1235 RAW{
UB Refund Cst#00022482
2,464.65
260.78
463.43
449.18
442.40
221.64
1,414.56
304.79
33,304.94
2,725.43
1,576.65
1,719.35
33,304.94
4.82 505.69
80.00 71,973.74
31.61 12,720.64
590.00
152.84
125.64
4.82 505.69
80.00 71,973.74
31.61 6,433.28
6,287.36
590.00
152.84
125.64
Page: 7
29 apChliLst
0112812422 12:30:19PM
FinalGheck List
City of Sanger
Page: 8
Amount Paid Gheck Total
72.92 72.92
Bank
Check #
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice lnv Date Description
VILLALOBOS OROZCO, MARllRef000090482 112712022 UB Refund Cst #0002602986211 1t28t2022 12006 Voucher.
86212 1t28t2022 01620
Voucher:
86213 1t28t2022 02391
Voucher:
86214 1t28t2022 10709
Voucher:
86215 1t28t2022 12007
Voucher:
86216 1t28t2022 04596
Voucher:
VINCENT COMMUNICATION I].83044
83326
w.M. LYLES CO. 52.8574-1
WARREN & BAERG MFG INC OO55O49
55259
550550.4
55050.C
55050.8
55114
0055030
WEILER, JENNA LEIGH RefOOOO9O483
ZWEIGLE SEPTIC SERVICE 36418
36395
36454
36407
12t8t2021 RAD|O tNTERCO|M KtT & ROt,
111212022 NEW REPEATER NXRTIOK
12131 12021 VALVE REPAI R-SLUICE GATE
1OI1I2O21 MAINT CLARIFIERS
11412022 MAINTCLARIFIERS
1OI5I2O21 MAINT CLARIFIERS
12131 12021 MAINT CLARIFIERS
111212021 MAINT CLARIFIERS
1t21t2022 SHED DOOR
101612021 BELT REPAIR
112712022 UB Refund Cst #00026035
1t4t2022 PORTA POTTY (NATAREA)
12t24t2021 PORTA POTTY (ROTARY)
1t21t2022 PORTA POTTY (ROTARY)
1t3t2022 ADD'L SRV POTTY (ROTARY)
Sub total for WESTAMERICA BANK:
5,392.19
2,347.78
26,631.40
1,736 00
868.00
868.00
868.00
868.00
4,857.90
3,503.70
200.00
7,739.97
26,631.4A
'13,569.60
200.00
255.00
447,525.81
75.00 75.00
75.00 30.00
Page: 8
30 'apCnnlst
0'l 12812022 12:30:19PM
FinalCheck List
City of Sanger
Page: 9
Grand TotalAll Checks 447,525.81102 checks in this report.
Page: 9
31 For the Meeting of; March 77,2022
Agenda Item No.:
CrrYoF SINGER
RE,PORTTO THE, COUNCIL
H-^
To:
From:
Subject:
RECOMMENDATION:
That the City Council approve:
Prepated by:
REVIEW: City Manager:
Mayor and City Council
Darryl Smith, Interim Administrative Services Director
Approval of Payroll Checks
By action of the Sanger City Council at their meeting of March 17,2022, Direct Deposit Nos. 56082 through 58347; Payroll Check Nos. 58323 through 58358; and Benefit Check Nos. 1760 through 1767 werc approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Rebeca P. Ramirez, City Clerk
Approved by:
r cityAttorney, lWFinance:
TYPE OF ITEM:
X Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
--x-
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
32 yChkLst
1105t2022 7:46: PM
Payroll Final Check List
City of Sanger
1211812021 to 1213112O21- Type 1 Cycle 26
Name
CHAPA, EUTIMIO C
RAMIREZ, REBECA
TAMEZ, CORINA
GARZA, HUMBERTO
MARTINEZ, DANIEL
MONTELONGO, MIKE
BRLETIC, DAVID E
VIDRIO, JAVIER
VUE, THUNDERSTORM
CAMARENA, KARLA D.
CARRILLO MENDEZ, RAFAEL
CASI LLAS-TORRES, SMALYN NE
FLORIAN, STEPHANIE
STROUP, GRACE
XIONG, WENDY
ASCHENBRENNER, DANIEL
BELTZ, NATHAN
BROCKETT, JOSHUA S
CAMPA, SANDRA
CAMPOS, AMANDA
CORONADO JR, JESUS
DANIEL, JOSHUA D.
ELLIS GILMORE, SKYLER
FIELDS, KELLY
JONES, ANDY
KING, KNIAL C.
LORENTE, RYAN
MENDEZ, VICTOR P
MIRELES FLORES, MARIA
MONTEJANO, JOSEPH
PALLAS, MICHAEL L
PISCHING, MARK G
PITTS, CRAIG
PUGA, BRIAN
RAMOS, NICHOLAS
ROGERS, HANK R
SANDERS, GERALD
SMITH, KEVIN D
lank: dirdep - WESTAMERICA BANK
Check # Date Employee #
56082
56083
56084
56085
56086
56087
56088
56089
56090
56091
56092
56093
56094
56095
56096
56097
56098
56099
561 00
5610'l
56102
561 03
561 04
561 05
561 06
561 07
56108
561 09
561 10
56111
56112
56113
56114
56115
561 16
56117
561 18
561 19
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
117t2022
1t7t2022
1t7t2022
117t2022
1t7t2022
1t7t2022
117t2022
117t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
11712022
1t7t2022
117t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
11712022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
11712022
1t7t2022
Check Amt
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Direct Deposit
4,204.44
2,898.60
1 ,616.06
347.97
312.56
312.56
2,609.00
388.70
1,002.54
2,292.56
1,239.92
277.97
1,282.55
1,577.11
1,070.67
3,480.53
1,876.94
3,389.67
1,479.16
823.70
1,822.15
2,294.17
1,300.52
1,382.07
3,573.14
2,634.19
2,825.46
2,221.34
1,369.66
4,322.95
2,195.91
2,194.35
2,604.44
2,239.56
1,633.37
1,393.93
2,985.65
1,214.02
NU\\
33 lank: dirdep - WESTAMERICA BANK
Check # Date Employee # Check Amt Direct Deposit
561 20
56121
56122
56123
56124
56125
56126
56127
56128
56129
561 30
561 31
561 32
561 33
561 34
561 35
56136
561 37
561 38
56139
56140
56141
56142
56143
56144
56145
56146
56147
56148
56149
561 50
561 51
56152
561 53
56154
561 55
561 56
561 57
1t7t2022
117t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
11712022
1t7t2022
1t7t2022
1t7t2022
117t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1fino22
1t7t2022
1t7t2022
11712022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
2,622.93
3,909.15
2,756.38
3,175.12
3,184.26
2,O82.37
2,847.26
2,639.47
1,764.11
1,754.49
2,458.25
3,342.48
1,595.91
2,938.63
1,552.17
2,860.57
1,537.18
1,981.66
2,206.17
1,698.27
2,604.74
3,035.96
2,338.29
1,710.14
1,426.20
1 ,915.02
1,231.84
3,204.42
1,607.62
2,095.98
1 ,1 1 6.98
2,774.78
2,066.10
2,275.93
1,720.03
2,474.15
1,276.95
2,OO3.54
Name
TARASCOU, GREGORY
WADDLE, CHRISTOPHER A.
WILLIAMS, KENNETH D.
WILSON, TODD
YOUNG, KYLE
ACEVES CRUZ, JULIAN
ARGUELLO, SERGIO
ATTKISSON, JOSEPH C.
BANDA-TOVAR, JOEL
BATTENFIELD, DANIEL
BISE, JEFFREY L.
BOUST, JASON
CALDERON, JOSHUA
CARRILLO JR., REYES
DIAZ, HENRY
DURAN, MANUEL
EDWARDS, SHAELA
FERNANDEZ SANCHEZ, JORGE
FRANCO, RICHARD
GARCIA, FERNANDO
GARNER, GREGORY
GARZA, RAMIRO
GUILLEN, ROSARIO
HMELTON, CULLEN
HUGHES, TOBIAS
IBAL, VICTOR
IRAZOQUI, MARIO
JOHNSON, JOSHUA D
JONES, KIMBERLY M.
MEDINA, JOSE
MUNOZ, BERTHA J
NELSON, AMANDA M
ORNELAS, BAUDELIO
PASILLAS, ERIK
RODRIGUEZ, JULIAN R
RUBY JR., DANIEL
RYAN, NICOLE
SALAZAR, DARIO
34 lank: dirdep - WESTAMERICA BANK
Check # Date Employee # Check Amt Direct Deposit
561 58
56159
56160
56161
56162
56163
56164
561 65
56166
561 67
561 68
56169
561 70
56171
56172
561 73
56174
56175
561 76
56177
561 78
561 79
561 80
561 81
56182
561 83
561 84
561 85
561 86
561 87
561 88
561 89
11712022
1t7t2022
1t7t2022
11712022
1t7t2022
1t7t2022
117t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
11712022
1t7t2022
1t712022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t712022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
Name
SALAZAR, RALPH A.
SOTO, JOSE O.
THAO, MENOU A
TORRENCE, J D
TREVINO, CYNTHIA
VALLE, JUAN D
VILLATORO, AGUSTIN
WELCH, PAUL M.
YAMBUPAH, ANGELA C
ACOSTA, JAVIER
EGGLESTON, STEVEN
GARCIA, ANTHONY
GONZALEZ, EDDIE
GONZALEZ, EDGAR W
HUERTA, PAUL
IRAZOQUI, DANIEL T
JASSO, GEORGE
LOPEZ, ALEX
MMARIEGO, MANUEL
MCDANIELS, ANTHONY
MULLIGAN, JOHN
ORONA, CATARINO
PADILLA, JOSE A.
PEREZ, MIKE E.
REYES, ANTONIO P
ROSALES, ESPERANZA
SANI, FRANK
SANTOS, WILLIAM
WOODS, STEVE
HERNANDEZ, KEITH
SANCHEZ, DERRICK
ZAMORA, JOAQUIN
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
3,094.92
1,648.22
1,876.53
1,864.08
1 ,826.1 5
2,419.28
2,521.26
1,702.04
3,084.98
2,094.61
1,659.67
800.11
1,647.70
1,433.48
1,507.95
1,098.02
2,669.97
1,633.93
1,507.59
1,853.06
3,502.04
1,066.22
1,862.91
1,492.53
1,848.79
1,589.74
2,155.65
1,538.44
1,515.57
51.72 552.47
1,833.69
215,428.91
215,428.91
Employee Gheck Totals
Bank dirdep Totals (108 Forms)
35 lank: pybank - WESTAMERICA BANK
Check # Date
58323
58324
58325
58326
58327
58328
58329
58330
5833't
58332
58333
58334
1t712022
1t7t2022
1t7t2022
117t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1t7t2022
1n2022
1t7t2022
Employee #
Payee #
Name
PETRILLE, BRIANA
HURTADO, ESMERALDA
ONTIVEROS, ELI
LADY, BERNIE
PASTRE, BREE
SMITH, ETHAN
TILLOTSON, LEAH
Employee Check Totals
Total
Payee Totals
Check Amt Direct Deposit
591.50
307.56
367.97
1,397.72
27.70 174.54
109.89
2,976.88 0.00
Check Amt Direct Deposit
252.30
2,745.41
844.50
319.84
320.55
4,482.60 0.00
4,482.60 0.00
7,459.48 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
lank: pybank - WESTAMERICA BANK
lenefit Checks
Gheck # Date
026
057
052
045
007
Name
AFLAC, ATTN:REMITTANCE PROCESS
AMERICAN FIDELIry ASSURANCE
SANGER FIRE ASSOCIATION, FOOD
STATE DISBURSEMENT UNIT
STATIONARY ENGINEERS, LOCAL 39
Bank pybank Totals (12 Forms)
36 ' pychklst
01tost2022 7:46PM
Payroll Final Check List
City of Sanger
1211812021 to 1213112021- Type 1 Cycle 26
Name
WESTAMERICA BANK
EMPLOYMENT DEVELOPMENT DEPT
CALPERS 457 PLAN
I,C.M.A RETIREMENT TRUST 457
CheckAmt
63,616.48
7,990.23
1,773.80
2,290.54
75,671.05
75,671.05
75,671.05
83,130.53
298,559.44
Direct Deposit
Page:5
Bank: wire - FEDERAL TAX PAYMENT
Benefit Checks
Check # Date
1t7t2022
1t7t2022
1t7t2022
1t7t2022
Next Step: Account Posting (AP)
Pay Period is Open (Locked)
Payee #
1760
1761
1762
1763
003
004
054
006
0.00 0.00
0.00 0.00
Total
Payee Totals
Bank wire Totals (4 Forms)
Grand Total
Totals Checks and Direct Deposit (124 Forms)
0.00 0.00
0.00 215,428.91
fl-1r"\\ \'h-/ S'"- /41 d*+L t f t f n
1.q b1 t."?
* P>a,trgt.s1
Page: 5
37 Benefit Checks - pending for pay period trom O1t01t'l22to O1t14t22lD: 1,026 NameCheck # Date Payee #
1t21t2022 030
Source pay peiod: 1211812021 lo 1213112O21 Cycle 26
1211812021 lo 1213112O21 Cycle 26
1211812021 to 1213112021 Cycle 26
1211812021 lo 1213112021 Cycle 26
MID-MANAGEMENT ASSN, DUES-MM
lD: 1,025 Doc source: midmgmt
lD: '1,025 midmgml
lD: 1,025 midmgmt
lD: 1,025 midmgmt
Bendedcode; mmdues
mmdues
mmdues
mmdues
Fund: 101
611
621
712
Check Total
Fund:
Check Total:
Fund:
Amount
23.48 2.01
2.O1
7.50 35.00
596.65
164.93
96.24 120.24
17.14 995.20
5.00 4.47
4.42 4.42
6.69 25.00
849.96
262.16
100.00
1.212.12
1,875.03
459.64
53.65 68.80
126.30
68.80 45.56
1t21t2022 059
Source pay period: 1211812021 to 1213112021Cycle 26
1211812021 to 1213112021 Cycle 26
1211812021 lo 1213112021 Cycle 26
1211812021 to 1213112021 Cycle 26
1211812021 lo 1213112O21 Cycle 26
TEXAS LIFE INSURANCE COMPANY
lD: 1,025 Doc source: hlthpay
lD: 1,025 hlthpay
lD: '1,025 hlthpay
lD: 1,025 hlthpay
lD: 1,025 hlthpay
Bended code: txslfe
txslfe
txslfe
txslfe
txslfe
101
208
261
298
299
1t21t2022 041
Source pay period: 1211812021 to 1213112O21
121 1 812021 to 12131 12021
121 1812021 lo 12t31 12021
121 1812021 to 12131 12021
121 1812021 to 1 2131 12021
GENERAL EMPLOYEES ASSN, DUES GEN EMPS
lD:1,025 Docsource: genempp Bended code: gendue
lD: 1,025 genempp gendue
lD: 1,025 genempp gendue
lD: 'l ,025 genempp gendue
lD: 'l ,025 genempp gendue
SANGER FIRE ASSOCIATION, DUES-FIRE
lD: 1,025 Doc source: firduepay Bended code: freasn
lD: 1,025 firduepay freasn
lD: 1,025 firduepay freasn
Cycle 26
Cycle 26
Cycle 26
Cycle 26
Cycle 26
101
611
621
631
712
1t21t2022 008
Source pay peiod: 1211812021 lo 1213112O21 Cycle 26
1211812021 to 1213112O21 Cycle 26
1211812021 to 12131 12021 Cycle 26
Check Total
Fund: 101
208
261
Check Total
Fund
1t21t2022 010
Source pay peiod: 1211812021 lo 1213112021
121 1812021 lo 12131 12021
121 1812021 lo 12131 12O21
121 1812021 to I 2131 12021
121 1812021 to I 2131 12021
121 1812021 to 1 2131 12O21
121 1 812021 lo 12131 12021
SANGER POLICE ASSOCIATION, DUES-POLICE
lD: '1 ,025 Doc source: polassnp Bended code
lD: 1,025 polassnp
lD: '1,025 polassnp
lD: 1,025 polassnp
lD: 1,025 polassnp
lD: 1,025 polassnp
lD: 1,025 polassnp
Cycle 26
Cycle 26
Cycle 26
Cycle 26
Cycle 26
Cycle 26
Cycle 26
poldue
poldue
poldue
poldue
poldue
poldue
poldue
101
208
255
256
261
298
299
38 Gheck # Date Pavee #
1t21t2022 012
Source pay peiod: 12l18l2o21lo 12l31l2o21Cycle 26
12/18nO21 la 1213112O21 Cycte 26
1211812021 lo 12l31l2o21Cycte 26
1211 812021 lo 12131 12021 Cycle 26
1211812021 to 12R1l2O21Cycle 26
Name
EXECUTIVE MGMT ORGANIZATION, EXE MGMT-DU
lD: 1,025 Doc source: sanexepe Bended code: exdues
lD: 1,025 sanexep€ exdues
lD;1,025 sanexep€ exdues
lD:1,025 sanexep€ exdues
lD:1,025 sanexep€ exdues
Amarrnf
2,697.78Check Total:
Gheck Total:
Organization Total:
Pay Period Totc,l (01101122to 01114122|D: 1,026):
Benefit Checks Grand Total:
Fund: 101
611
621
631
712
24.OO
2.OO
2.O0
2.00 10.00
40.00 5,005.10
5,005.10
5,005.10
39 pyChkLst
01t06t2022
Payroll Final Gheck List
City of Sanger
0110112022to 0110612022- Type S Cycle 26
Name
TORRENCE, J D
Page:'t
12:53PM
Bank: pybank -WESTAMERICA BANK
Gheck # Date
58335 1t6t2022
Next Step: Account Posting (AP)
Pay Period is Open (Locked)
Employee # Check Amt
9,175.20
9,175.20
9,175.20
9,175.20
9,175.20
Direct Deposit
0.00 0.00
0.00 0.00
Employee Check Totals
Bank pybank Totals (1 Forms)
Grand Total
Totals Checks and Direct Deposit (1 Forms)
I
U
Page: 1
40 pyChkLst
01t06t2022 12:53PM
Check # Date Payee #
1t21t2022 030
Source pay period: 1211812021 lo 1213112021 Cycle 26
1211812021 to 1213112021 Cycle 26
1211812021 to 12131l2O21Cycle 26
1211812021 to 12131l2O21Cycle 26
Payroll Final Check List
City of Sanger
O1lO1l2O22to 0110612022- Type S Cycle 26
Benefit Ghecks . pending for pay period frgm }1rc1n2 b 01114t?2lD: 1,026 Name Amount
Page:2
MID-MANAGEMENT ASSN, DUES-MM
lD: 1,025 Doc source: midmgmtp
lD: 1,025 midmgmtp
lD: 1,025 midmgmtp
lD 1,025 midmgmtp
Bended code; mmdues
mmdues
mmdues
mmdues
Bended code: txslfe
txslfe
txslfe
txslfe
txslfe
Fund: 101
611
621
712
Check Total
Fund: 101
208
261
298
299
Check Total:
Fund: 1O1
611
621
631
712
Check Total:
Fund: 1O1
208
261
Check Total:
Fund: 101
101
208
255
256
261
298
35.00 995.20
596.65
164.93
96.24 120.24
17.14 23.48
2.01 2.01
7.50 5.00
4.47 4.42
4.42 6.69
1t21t2022 059
Source pay period:1211812021 to 1213112021
121 1812021 lo 12131 12021
1 21 1 812021 lo 1213'1 12021
121 1 812021 lo 12131 12021
1 21 1812021 lo 12131 12021
TEXAS LIFE INSURANCE COMPANY
lD: 1,025 Doc source: hlthpay
lD: 1,025 hlthpay
lD: 1,025 hlthpay
lD: 1,025 hlthpay
lD: 1,025 hlthpay
Cycle 26
Cycle 26
Cycle 26
Cycle 26
Cycle 26
1t21t2022 041
Source pay period: 121 1812021
12118t2021
12t18t2021
12t18t2021
12t18t2021
1t21t2022 008
Source pay period:1211812021 lo 1213112021 Cycle 26
121 1812021 lo 12131 12Q21 Cycle 26
121 1812021 to 12131 12021 Cycle 26
GENERAL EMPLOYEESASSN, DUES GEN EMPS
lD: 1,025 Doc source: genemppa Bended code: gendue
lD: 1,025 genemppa gendue
lD: 1,025 genemppa gendue
lD: 1,025 genemppa gendue
lD: 1,025 genemppa gendue
SANGER FIRE ASSOCIATION, DUES-FIRE
lD: 1,025 Doc source: firduepay Bended code: freasn
lD: 1,025 firduepay freasn
lD: 1,025 firduepay freasn
to 1213112021
lo 1213112021
lo 1213112021
lo 1213112021
lo 1213112021
Cycle 26
Cycle 26
Cycle 26
Cycle 26
Cycle 26
1t21t2022 010
So u rce pay pe ri od : 0 1 I 0 1 12022 to 0 I I O6 I 2022 Cycle 26 121 1812021 to 12131 12021 Cycle 26
1211812021 to 12131 12021 Cycle 26
1211812021 to 1213112021 Cycle 26
121 1812021 lo 1 2131 12021 Cycle 26
1211812021 lo 1213112021 Cycle 26
1211812121lo 1213112021 Cycle 26
SANGER POLICE ASSOCIATION, DUES-POLICE
lD: 1,052 Doc source: polassnpa Bended code; poldue
lD: 1,025 polassnpa poldue
lD 1,025 polassnpa poldue
lD: 1,025 polassnpa poldue
lD: 1,025 polassnpa poldue
lD: 1,025 polassnpa poldue
ID: 1,025 polassnpa poldue
25.00 849.96
262.16
100.00
1,212.12
68.80 1,875.03
459.64
53.65 68.80
126.30
68.80 Page:2
41 pyChkLst
01to6t2022
Payroll Final Check List
City of Sanger
0110112022to 0'110612022- Type S Cycle 26
Benefit Checks - pending for pay period from 01101122to 011141221D: {,026 Name
1211812021 lo 1213112021 Cycle 26 lD: '1,025 polassnpa 299 Check Total:
Fund: 101
611
621
631
712
Check Total
Fund: 101
101
101
Check Total
Fund: 101
Check Total
Amount
45.56 2,766.58
Page: 3
12:53PM
Gheck # Date Payee #
1t21t2022 012
Source pay period:1211812021 lo 1213112021 Cycle 26
1211812021 to 12131 12021 Cycle 26
1211812021 lo 1213112021Cycle 26
1211812021 to 12131 12021 Cycle 26
1211812021 to 1213112021 Cycle 26
poldue
EXECUTIVE MGMT ORGANIZATION, EXE MGMT-DU
lD:1,025 Docsource: sanexepa Bended code: exdues
lD:1,025 sanexepa exdues
lD:1,025 sanexepa exdues
lD: 1,025 sanexepa exdues
lD: 1,025 sanexepa exdues
24.00 200
2.00 2.00
10.00 1764 1t21t2022 003
Source pay period. 0110112022 to 01lO612022 Cycle 26
01lO1 12022 lo 0110612022 Cycle 26
01lO1 12022 lo 0110612Q22 Cycle 26
WESTAMERICA BANK
lD: 1,052 Doc source: ficapay
lD: 1,Q52 fedpay
lD: 1,052 ficapay
Bended code: fica
flfft
medi
Bended code: swt
40.00 1,749.72
2,443.35
409.22
4,602.29
1j64.07
1J64.0?
1765 1t21t2022 004
Source pay period:0110112022 to 01lOGl2O22 Cycle 26
EMPLOYMENT DEVELOPMENT DEPT
lD: 'l ,052 Doc source: statepay
Organization Total
Pay Period f otal (01101122to O1114122 lD: 1,026)
Benefit Checks Grand Total
10,840.26
10,840.26
10,840.26
Page:3
42 pychkLst
' 01t19t2022 8:05: PM
Payroll Final Gheck List
City of Sanger
0110112022 to 011'1412022- Type 2 Cycle 26
Bank: di - WESTAMERICA BANK
Check # Date Employee #
561 90
561 91
561 92
561 93
56194
561 95
56196
561 97
56198
56199
56200
56201
56202
56203
s6204
56205
56206
56207
56208
56209
56210
56211
56212
56213
56214
56215
56216
56217
5621 8
56219
56220
56221
56222
56223
56224
56225
56226
56227
1t21t2022
1t21t2022
1t21t2022
1121t2022
1t21t2022
1t21t2022
1121t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
112112022
1t21t2022
1121t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1r21t2022
1t21t2022
1t21t2022
1t21t2022
112112022
1t21t2022
1t2112022
1t21t2022
1t21t2022
1t21t2022
Name
CHAPA, EUTIMIO C
RAMIREZ, REBECA
TAMEZ, CORINA
GARZA, HUMBERTO
MARTINEZ, DANIEL
MONTELONGO, MIKE
BRLETIC, DAVID E
VIDRIO, JAVIER
VUE, THUNDERSTORM
CAMARENA, KARLA D.
CARRILLO MENDEZ, RAFAEL
CASILLAS-TORRES, SMALYNNE
FLORIAN, STEPHANIE
STROUP, GRACE
XIONG, WENDY
ASCHENBRENNER, DANIEL
BELTZ, NATHAN
BROCKETT, JOSHUA S
CAMPA, SANDRA
CAMPOS, AMANDA
CORONADO JR, JESUS
DANIEL, JOSHUA D.
ELLIS GILMORE, SKYLER
FIELDS, KELLY
JONES, ANDY
KING, KNIAL C.
LORENTE, RYAN
MENDEZ, VICTOR P
MIRELES FLORES, MARIA
MONTEJANO, JOSEPH
PALLAS, MICHAEL L
PISCHING, MARK G
PITTS, CRAIG
PUGA, BRIAN
RAMOS, NICHOLAS
ROGERS, HANK R
SANDERS, GERALD
SMITH, KEVIN D
4,150.29
2,968.76
1,879.31
228.64
312.56
312.56
2,835.29
396.57
750.16
2,324.86
1,351.47
528.15
1,397.39
1,666.43
1,074.05
5,928.86
2,138.53
3,088.02
1,398.55
1,008.11
2,387.89
2,907.40
3,486.06
2,333.96
5,925.40
3,535.42
6,733.39
3,042.55
2,713.71
9,715.O7
2,4Q2.23
2,021.18
4,536.60
4,080.70
2,722.40
2,834.94
3,987.08
2,068.05
Check Amt Direct Deposit
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
#tr'
d\v
43 Bank: dirdep - WESTAMERICA BANK
Check # Date Employee #
56228
56229
56230
56231
56232
56233
56234
56235
56236
56237
56238
56239
56240
56241
56242
56243
56244
56245
56246
56247
s6248
56249
56250
56251
56252
56253
56254
56255
56256
56257
56258
56259
56260
56261
56262
56263
56264
56265
1t21t2022
1121t2022
1t21t2022
1t21t2022
1t21t2022
1121t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
Name
TARASCOU, GREGORY
WADDLE, CHRISTOPHER A.
WILLIAMS, KENNETH D.
WILSON, TODD
YOUNG, KYLE
ACEVES CRUZ, JULIAN
ARGUELLO, SERGIO
ATTKISSON, JOSEPH C.
BANDA-TOVAR, JOEL
BATTENFIELD, DANIEL
BISE, JEFFREY L.
BOUST, JASON
CALDERON, JOSHUA
CARRILLO JR., REYES
DIM, HENRY
DURAN, MANUEL
EDWARDS, SHAELA
FERNANDEZ SANCHEZ, JORGE
FMNCO, RICHARD
GARCIA, FERNANDO
GARNER, GREGORY
GARZA, RAMIRO
GUILLEN, ROSARIO
HMELTON, CULLEN
HUGHES, TOBIAS
IBAL, VICTOR
IRMOQUI, MARIO
JOHNSON, JOSHUA D
JONES, KIMBERLY M.
MEDINA, JOSE
MUNOZ, BERTHA J
NELSON, AMANDA M
ORNELAS, BAUDELIO
PASILLAS, ERIK
RODRIGUEZ, JULIAN R
RUBY JR., DANIEL
RYAN, NICOLE
SALAZAR, DARIO
Check Amt
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Direct Deposit
2,624.91
4,054.95
4,210.46
5,128.26
3,172.23
6,338.86
6,273.52
5,036"24
5,939.12
5,869.53
4,916.75
9,275.81
2,700.90
8,133.52
3,569.66
13,220.26
4,614.92
1,978.17
5,793.03
6,376.46
2,629.71
7,965.35
6,133.69
5,728.47
2,529.93
8,341.63
4,427.70
7,486.50
2,120.39
5,884.20
1,663.51
7,290.01
12,296.O3
4,844.O9
6,108.55
3,479.42
1,239.56
3,910.39
44 Bank: dirdep - WESTAMERICA BANK
Check # Date Employee # Name
SALAZAR, RALPH A.
SOTO, JOSE O.
THAO, MENOU A
TREVINO, CYNTHIA
VALLE, JUAN D
VILLATORO, AGUSTIN
WELCH, PAUL M.
YAMBUPAH, ANGELA C
ACOSTA, JAVIER
EGGLESTON, STEVEN
GARCIA, ANTHONY
GONZALEZ, EDDIE
GONZALEZ, EDGAR W
HUERTA, PAUL
IRMOQUI, DANIEL T
JASSO, GEORGE
LOPEZ, ALEX
MAZARIEGO, MANUEL
MCDANIELS, ANTHONY
MULLIGAN, JOHN
ORONA, CATARINO
PADILLA, JOSE A.
PEREZ, MIKE E.
REYES, ANTONIO P
ROSALES, ESPERANZA
SANI, FRANK
SANTOS, WILLIAM
WOODS, STEVE
SANCHEZ, DERRICK
ZAMORA, JOAQUIN
Check Amt Direct Deposit
56266
56267
56268
56269
56270
56271
56272
56273
56274
56275
56276
56277
56278
56279
56280
56281
56282
56283
56284
56285
56286
56287
56288
56289
56290
56291
56292
56293
56294
56295
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1121t2022
1t21t2022
112112022
1t21t2022
1t21t2022
1121t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1121t2022
1t2112022
1121t2022
1t21t2022
112112022
1t2112022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1121t2022
1t21t2022
1t21t2022
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0,00
0.00 0.00
8,929.61
4,447.53
5,785.78
6,400.85
6,125.88
7,373.89
3,681.20
7,331.48
2,330.98
1,623.92
687.1 5
2,218.21
1,321.50
1,711.46
1,239.24
3,108.23
1,881.36
1,690.59
2,096.07
3,698.64
1,373.13
2,1 1 3.00
1 ,600.1 8
2,006.37
1,553.20
2j62.86
1,742.00
1,501.53
752.11
1 ,840.1 3
Employee Check Totals
Bank dirdep Totals (105 Forms)
0.00 0.00
396,807.35
396,807.36
45 Bank: pybank - WESTAMERICA BANK
Check # Date
58336
58337
58338
58339
58340
58341
58342
58343
58344
58345
58346
58347
58348
58349
58350
58351
58352
58353
58354
58355
58356
58357
58358
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1121t2022
Employee #
Payee #
026
057
012
041
030
008
o52
010
045
007
059
Name
PETRI , BRIANA
HURTADO, ESMERALDA
ONTIVEROS, ELI
CARTER, KEVIN T
ESQUER, RALPH
GARCIA, KEN
WALL, VINCENT
YAMADA, MONICA
LADY, BERNIE
PASTRE, BREE
SMITH, ETHAN
TILLOTSON, LEAH
Check Amt Direct Deposit
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Direct Deposit
0.00 0.00
0"00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 't,o14.70
307.56
271.00
23.09 23.09
23.09 23.09
23.09 1,497.06
221.64
308.22
325.53
Bank: pybank - WESTAMERICA BANK
Benefit Ghecks
Check # Date
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
1121t2022
1t21t2022
1t21t2022
1t21t2022
1t21t2022
Name
AFLAC, ATTN: REM ITTANCE PROCESS
AMERICAN FIDELIry ASSURANCE
EXECUTIVE MGMT ORGANIZATION, E
GENERAL EMPLOYEES ASSN, DUES G
MID-MANAGEMENT ASSN, DUES-MM
SANGER FIRE ASSOCIATION, DUES.
SANGER FIRE ASSOCIATION, FOOD
SANGER POLICE ASSOCIATION, DUE
STATE DISBURSEMENT UNIT
STATIONARY ENGINEERS, LOCAL 39
TEXAS LIFE INSURANCE COMPANY
Bank pybank Totals (23 Forms)
Employee Gheck Totals
Total
Payee Totals
4,061.16
Check Amt
252.30
2,483.88
80.00 50.00
70.00 2,424.24
844.50
5,395.56
319.84
320.55
995.20
13,236.07
13,236.07
17,297.23
46 pychkLst
01t19t2022 8:05PM
Payroll Final Gheck List
City of Sanger
0110112022 to 0111412022- Type 2 Cycte 26
Name
WESTAMERICA BANK
EMPLOYMENT DEVELOPMENT DEPT
CALPERS 457 PLAN
I.C.M.A RETIREMENT TRUST 457
Check Amt
100,171.31
10,371.70
2,O52.04
2,560.84
115,155.89
115,155.89
115,155.89
'132,453.12
529,260.48
Direct Deposit
Page:5
Bank; wire - FEDERAL TAX PAYMENT
Benefit Checks
Gheck # Date
1t21t2022
1t21t2022
1t2112022
1t21t2022
Next Step; Account Posting (AP)
Pay Period is Open (Locked)
Payee #
1764
1765
1766
1767
003
oo4
054
006
0.00 0.00
0.00 0.00
Total
Payee Totals
Bank wire Totals (4 Forms)
Grand Total
Totals Checks and Direct Deposit (133 Forms)
0.00 0.00
0.00 396,807.36
/*t,q/rr sD
vlH trc.q. .{q
?"1,-"\ +"\"1- 4- ff2 d,o*<- tlat lg
Page:5
47 Source pay peiod
No Pending Benefit Checks
Doc source Bended code Fund
Check Total
48 H-J
SANGER POLICE DEPARTMENT
Monthly Report
March 17,2022
GREG GARNER, CHIEF OF POLICE
CRIME TRENDS
The month of February saw an increase in events involving frrearms, including the first Homicide of 2022. There was a total of four (4) events where individuals were either fired upon or struck by gunfire. This surge in violence did not reflect an overall pattern of crime in the city. In fact, total crime in Sanger during the month of February fell by 23%. Atotal of thirty-two (32) crimes were reported in February, down from forty-one (41) reported in January. Assaults (excluding firearms) fell by 33%. Theft. also was lower, seeing a34Yo reduction in reported crimes.
SIGNIFICANT CALLS FOR SERVICE (Februarv 2022)
On February 13, at approximately 3am, during a DUI collision investigation, approximately five gunshots were heard in the vicinity of 14th & P St. A search of the area yielded negative results. About 5 minutes later, Officers near Sanger PD advised they also heard an additional 3-5 gunshots. Subjects in the area directed the officers towards the 800 block ofN St. During a subsequent search of the area, a female was located in the alley behind 812 O St. At the time, it was unknown who the female was. Officers rendered aid, applying a toumiquet to her leg. She was later identified via video during a suspicious person's call at the same location. In the video, she wore the same clothing (Jacket and shoes). She was transported to CRMC for treatment of two gunshot wounds to her upper left thigh. A search of the area yielded negative evidence, witnesses, or suspects at this time. Follow-up will be conducted for potential video surveillance at two locations near the crime scene.
On February 13, at approximately 9:30pm, Officers were dispatched to the area of Rawson Ave and Magnolia Ave on a report of shots fired. Upon arrival, officers were flagged down by a citizen and advised two subjects were seen standing in front of a residence in the 1200 block of Rawson Avenue. One of the subjects fired multiple rounds into the residence. Both subjects then fled on foot northbound on Rawson Avenue. Another witness stated they observed a possible white 4-door Toyota fleeing southbound Rawson Ave towards 14th St with its a
a
a
49 a
a
lights off, just after the shooting. Officers checked the residence and located (9) spent 9mm shell casings lying on the lawn in front of the residence. Officers also located 5 bullet strikes on the front of the residence. Contact was made with the occupants. All were found to be unharmed. Officers attempted to obtain a statement from the primary victim, but he was uncooperative and stated he would not talk with the Police. Incident remains under investigation On February 15, at approximately 3pm, Officers were dispatched to the 2500 block of 5th Street on a report of a robbery that had occurred. Upon arrival, Officers contacted the 65-year-old victim who advised Officers that she was walking on 5th Street when a white pick-up truck came up to her and a female subject exited and approached her. The victim stated that the female told her she wanted to bless her with gifts and gave her jewelry. The victim stated that the female then placed a necklace around her neck. The entire time the victim was telling the female subject to not touch her and leave her alone. RP then realized that the female subject had stolen the necklace she originally had on and replaced it with a cheap one. The victim advised that the female then entered the truck and it took off eastbound on 5th Street. Officers were then called approximately 20 minutes after the incident occurred. Further follow up to locate video surveillance is being conducted.
On February 25, at approximately 6pm, Officers responded to the 1200 block of Sanger Ave. for reports for multiple shots fired. While on the way, an involved party from the 1200 block of Olive Ave, advised that her son had just arrived home and had sustained a gunshot wound to his body. Officers responded to the Olive location and located an l8-year-old male lying on a couch suffering from a gun-shot wound to his abdomen and hand. The male was bleeding profusely as officers conducted life saving measures. Sanger EMS arrived on scene and transported the victim to CRMC, where he was later pronounced as deceased.
During the investigation officers located spent shell casings in the middle of the road way, in the 1200 Block of Sanger Ave. A perimeter was set and Sanger Detectives arrived on scene and assisted with the investigation. Officers canvassed the area and located video surveillance of the incident. The video footage showed suspects shooting at the victim from a vehicle occupied by possibly 3 subjects. The Fresno County Coroner's Office and the Fresno County Sheriffs I-Bureau unit assisted with the investigation.
On February 28, at approximately 6pm, an offrcer conducted a vehicle stop at Annadale and Academy on a grey Toyota Camry for a vehicle code violation. A record check on the license plate on the Toyota revealed the vehicle was stolen.
The officer activated his emergency overhead lights to his unit and initiated a vehicle stop. The driver of the vehicle failed to yield and as a result a vehicle pursuit was initiated. The vehicle continued south bound on Academy Ave at speeds over 70 MPH. Once the Toyota reached the area of Central and Academy Ave it struck the rear corner bumper of a Honda Civic (minor damage). The Toyota lost control and struck a stop sign and rested against a large irrigation 50 drain that was sticking out from the ground on the N/W corner of Central and Academy Ave. During that time the passenger exited the vehicle and removed a handgun from his waist band, which he immediately discarded once officers drew their firearms. The driver also exited the vehicle and immediately surrendered. A record check showed both subjects were on probation. Both subjects are also members of the Olivo Bulldog Criminal Street Gang. They were later booked and transported to jail.
CHP responded to the scene and conducted a traffic collision investigation. The driver of the Honda was not injured.
TRAFF'IC ENFORCEMENT
There were no fatal collisions during this reporting period. There was a total of fifteen (15) collisions, an increase from six (6) in the month of January. Eleven (11) of the collisions were non-injury. There were four (4) collisions involved an injury, and five (5) involving DUI, four (4) more than the number reported in January. IS2traffrc citations were issued in February, with 100 moving violations, 82 non-moving violations.
a
ARRESTS
Officers made a total of sixty-four (6$ arrests (35 felony, 29 misdemeanor), including seven (7) DUI & six (6) Domestic Violence-related arrests.
ANIMAL CONTROL
The ACO responded to one hundred fifteen (115) calls for service in February.
Sixteen (16) dogs were picked up. Four (4) citations were issued, with six (6) warnings issued. Eight (8) animals were reclaimed. There were zero (0) reports involving dog bites during the month, and no animals were euthanized.
COMMUNITY EVENTS
We continue in a series of meetings aimed at a community response to dealing with "homelessness." The next meeting is scheduled for Thursday, March 10.
Monthly meetings involving community organizations, mental health care providers, County entities, and elected representatives meet to discuss collaborative methods of effectively dealing with the'ohomeless" population in Sanger.
With the weather improving, we have resumed our "Pop-Up Cop" events at parks and faith-based organizations throughout the city.
a
o
o
Personnel assisted with the planning of the Blossom Trail Run, and the Blossom Festival, scheduled for Saturday, March sth & l2th, respectively. a
a
51 SanSer Fire Depart
Greg Tarascou, Fire Chief
l-t-l
ment
March 9,2022
To: Honorable Mayor and CouncilMembers
Tim Chapa, City Manager
@From: Greg Tarascou, Fire Chief
RE: FIRE DEPARTMENT REPORT FOR FEBRUARY
For the month of February, the Fire Department continued to remain busy both with the Fire Division and EMS Division. ln February there were 279 calls for service for ambulance services within our area and within surrounding areas. Last year in February ambulances were requested 312 times. January and February tend to be busy months for medical-aid services.
Crews were also dispatched to 48 requests for services for fire calls, including house fires, grass fires, building fires, vehicle fires and unintentional or false alarm calls. This total equates to 327 calls for service in February. or almost 12 calls per day. Last year in February crews responded to 43 calls for service for the month.
Unfortunately, the Fire Department was not immune from the Coronavirus pandemic and during the month of February the Omicron variant moved rapidly through the staff of the Department. At one point, almost 70% of the operational staff were home either ill with the virus or recovering. Despite this, those that were well came in to cover shifts and work extra to keep services at a minimum and those that were home returned to work as soon as they could.
All of the staff should be commended for the extra work and time that was put in to maintain the level of services that was accomplished during our turn with the virus.
Chute times are measured from the time the station is notified of an alarm to the time the unit goes enroute. For the month of February our chute time remained at 52 seconds, well under our benchmark of 90 seconds. Our travel time is measured from the time the unit is enroute to the time that we arrive on scene. For February our enroute time was 6 minutes, 17 seconds within the City. This is just over our benchmark of 6 minutes. 1700 7th Street, Sanger, CA 93657
(559) 87s-6568 Fox: (559) 875-6611
sang erlfbe@l. s ang er, c o, tts
52 Administratively the Fire Department continues to be very active in the discussions relating to the COVID-19 virus. Staff has participated in bimonthly conference calls with Fresno County Department of Public Health as well as other local fire and emergency medical service agencies from the Central Valley. As the Omnicom variant of the COVID-l9 virus peaked in February, the staff continued to be diligent in the response and protection of the community and our allied partners. As of today, we are maintaining a level of protection and prevention as recommended by the FCDPH, the CDC and Ca|/OSHA.
I am of course always available to answer any questions you have. 53 Fot the Meeting of: March 17,2022
Agenda Item No.: H_ S
ClrY oF SANGER
RE,PORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Becky Ramirez, City Clerk
Hilda Cantu Montoy, City Attorney
Subject: Remote City Council Meetings Under New Brown Act Requirements (AB 361) Attachments: Resolution Reauthorizing Remote Teleconference Meetings RECOMMENDATION:
If Council wishes to Continue with Remote Teleconference Meetings, Council needs to adopt the attached Resolution No.2Qf2:l_L_ Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill361.
EXnCr SUMMARY:
On September 16, 2021, Governor Gavin Newsom signed AB 361 into law. AB 361 amends the Brown Act to allow for remote public meetings without having to comply with standard provisions and restrictions for remote meetings under the Brown. AB 361 temporarily writes into the Brown Act some remote meeting requirements the City has already met and implemented under the Governor's prior Executive Orders issued during the COVID-l9 pandemic. AB 361 includes additional requirements in the form of an initial authorizing resolution (effective for up to 30 days) and subsequent resolutions to extend the use of remote meetings for additional periods of 30 days thereafter. The bill included an urgency provision making the law immediately effective upon signature by the Governor.
At its December 16,2021, meeting the Council adopted Resolution No. 2021-72 authorizing remote meetings in accordance with AB 361. If the City wishes to continue to utilize remots meetings under AB 361, the City will have to adopt a reauthorizing resolution such as that attached to this staff report.
Prepared by: Hilda Cantu , City Attorney Apptoved by:
REVIEW: City Finance: City Attorney' ,I)4^.
TYPE OF ITEM COUNCIL ACTION: APPROVED DENIED NO ACTION
X
-X-
Consent
Info Item
Action Item
Depattment Repott
Successot Agency
Public Headng
Matter Initiated by a Council Membet
Othet
Continued to:
54 ATTACHMENT I.
RESOLUTION
55 RESOLUTTON NO. 2022-l b
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE
CITY COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING
COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY
BILL 361
WHEREAS, on March 4,2020, Governor Gavin Newsom declared a statewide emergency arising from the coronavirus (COVID-19) that remains in effect; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act pertaining to teleconferenced meetings; and WHEREAS, on June ll ,2021 , Governor Newsom issued Executive Order N-08-21 which indicated that Executive Order N-29-20's authorization for holding virtual meetings would expire on September 30, 2021; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (Rivas) as urgency legislation effective immediately, which provides that legislative bodies may continue to meet remotely during a declared State of Emergency subject to certain conditions; and WHEREAS, the City Council of the City of Sanger adopted a proclamation of a local emergency related to the COVID-19 virus on March 16,2020; ard WHEREAS, the City of Sanger ("City") is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as "legislative bodies"; and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code Sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953(bX3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:
l. Each teleconference location from which a member is participating is noticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
1 56
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's tenitorial jurisdiction; and
WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code Section 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code Section 54953(b)(3), subject to certain conditions; and WHEREAS, the initial required condition is a declaration of a state of emergency by the Govemor pursuant to the California Emergency Services Act at Government Code Section8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Govemment Code Section 8558; and
WHEREAS, the Governor's Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Govemment Code Section 5a953(e)(3XA-B) added by AB 361 provides an alternative to having public meetings in accordance with Govemment Code Section 5a953(b)(3) when City Council has reconsidered the circumstances of the COVID-I9 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-l9 continues to directly impact the ability of the members of City Council and the members of the City's Boards, Commissions, and Standing Committees to meet safely in person; and
2. The State of California and the County of Sanger continue to recommend measures to promote social distancing.
WHEREAS, Govemment Code Section 5a953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-l9 and its variants create ongoing COVID-l9 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public viaZoom in an effort to protect the constitutional and statutory rights of all attendees; and 2 57
WHEREAS, on December 16, 2021, the City Council adopted Resolution No.202l-72 Authorizing Remote Teleconference Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City in Accordance With Assembly Bill 361; and WHEREAS, Govemment Code Section 5a953(e)(3) requires thatthe City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency; and WHEREAS, the Council wishes to afhrm the need and findings necessary for continuing the teleconferencing as authorized by AB 361.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANGER
HEREBY RESOLVES AS FOLLOWS:
Section l. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID-I9 as set forth in the Governor's and City's Proclamations of Emergency and are on- going.
Section 3. The City Council further finds that state and county off,rcial recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency in the City of Sanger as proclaimed by the Govemor and the City Council and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Council finds that the state of emergency as a result of COVID-l9 continues to directly impact the ability of members of the City Council and the members of the City's Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code Section 54953(bX3), and to instead comply with the remote meeting requirements as authorizedby Government Code Section 54953(e) et seq.
Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code Section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.
Section 8. This Resolution shall take effect on March 17,2022, and shall be effective for thirty days or until such time as the City Council adopts a Subsequent Resolution in accordance -t
58 with Govemment Code Section 5a953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code Section 54953(bX3), but otherwise as permitted by Government Code Section 54953(e) et seq.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 17th day of March2022 and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COI.INCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COLINCILMEMBERS:
Rebeca P. Ramirez, City Clerk
4 59
SANGD R
t--;-1";
For the Meeting of; Match 77,2022
Agenda Item No.: H-lt
CrrYoF SINGER
RE,PORTTO THE, CITY COUNCIL
To:
From:
Subject:
Attachments:
_X_ Consent
Info Item
*, Action Item
Deoattment Reoort
Redevelooment Asencv
Mayor and Council Members
Greg Garner, Chief of Police
Adoption of Ordinance No. 2022-02 Relating to Tow Services.
Ordinance No.2022-02
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
It is recommended that the City Council waive the second reading in full and approve Ordinance No. 2022-02 Repealing Article III of Chapter 86 of the Sanger City Code and adding New Article III to Chapter 86 relating to Tow Services.
EXECUTIVE SUMMARY:
The Council majority, at the March 3,2022 meeting, voted to waive the full reading, and introduced the aforementioned Ordinance. The Sanger Police Department, in conjunction with the City Attorney's Office, prepared the Towing Service Ordinance. The Ordinance has been streamlined and updated for greater clarity with specific definitions and obligations of the Police Department and Tow Truck operators. Under the Ordinance, the Police Chief is authorized to enter a Non-Exclusive Franchise Tow Agreement with an owner of a Tow Truck. The Agreement requires approval by the City Attorney; defines the obligations, procedures and terms in accordance with the Proposed Ordinance; and allows placement on a Rotation List.
Ptepared by: Apptoved by:
REVIEW: City Finance: City Attorneyi _
TYPE OF ITEM: COUNCILACTION: APPROVED DENIED NOACTION
t
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
60 BACKGROUND:
The SAPD has been utilizing the CHP rotational tow list. While the CHP list has strict requirements that must be followed, using their list does not allow the SAPD or CITY to impose regulations, or terminate use of a particular company for failure to provide quality services.
REASON FOR RECOMMENDATION:
The proposed Ordinance allows the Chief of Police to enter into agreements with providers of towing, emergency road, and storage services. The SAPD's TSA allows members of the towing industry to participate in a rotational tow list to equitably distribute service calls from the public through SAPD officers. The purpose of the TSA is to meet the needs of the public, the towing industry, and the Department. The objective is to ensure the public receives ethical and fair business practices on the part of private towing companies utilized by the SAPD.
FISCAL IMPACT:
There are no fiscal impacts related to the Sanger Police Department Non-Franchise Tow Agreement.
ALTERNATIVES:
The Council may choose not to approve the Ordinance. If so, the Police Department will operate with the tow companies without guidelines or have input on how the operate within the City.
ACTIONS FOLLOWING APPROVAL:
The Police Department will seek interest from local tow companies for participation in the Sanger Police Department Non-Exclusive Franchise Tow Agreement, and enter into agreement with interested and qualified operators.
\\nas l\shared\Forms & Templates
61 ORDTNANCE NO. 202241
AN ORDINANCE OF THE CITY COUNCIL OF'THE CITY OF
SANGER REPEALING ARTICLE III OF CHAPTER 86 OF
THE SANGER CITY CODE AND ADDING NEW ARTICLE III
TO CHAPTER 86 RELATING TO TOWING SERVICES
THE CITY COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. Article III of Chapter 86 of the Sanger City Code is repealed SECTION 2. Article III is added to Chapter 86 of the Sanger City Code to read as follows.
Sec. 86-111. - Title.
This article shall be known as the Tow Truck Ordinance of the City of Sanger.
Sec. 86-112. - Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specihcally defined in this section, the definitions and provisions contained in Section 1-2 of the Sanger Code shall also govem the construction, meaning, and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. Whenever any words or phrases used herein are not defined, but are def,rned in the Vehicle Code of the State of California, and amendments thereto, such definitions shall apply. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be. (a) "Non-Exclusive Franchise" means non-exclusive franchise granted by the Council in accordance with Article XIII of the Charter of the City of Sanger for purposes of participating with the Police Department's Rotation List. (b) "Police Chief'means the Police Chief of the City of Sanger or his or her designee. (c) "Police Impound" means a written direction from the police officer on the scene to store the vehicle to be towed in a secured area until released by Police Department Personnel. It is the discretion of the police officer to store the vehicle in either an inside or outside storage facility.
(d) "Rotation List" means a list of tow truck companies engaged in the business of providing Tow Truck service, which list shall be maintained by the Police Chief for the purpose of rotating police dispatch of Tow Trucks in accordance with the provisions of this article, a Tow Agreement, and other applicable laws.
(e) "Tow Agreement" means a Non-Exclusive Franchise Tow Agreement entered into between the City and an owner of a Tow Truck that defines the obligations, procedures and terms of the Tow Truck Company being placed on the Rotation List, signed by the Police Chiel and approved by the City Attorney's Ofhce.
(f) "Tow Truck" means a motor vehicle which has been altered or designed and equipped for Page I of 9
62 and primarily used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line or dolly, or is otherwise primarily used to render assistance to other vehicles. A "roll-back carrier" designed to carry up to two vehicles, and a trailer for hire that is being used to transport a vehicle shall also be considered a Tow Truck under this Article. An automobile dismantler's tow vehicle or a repossessor's tow vehicle shall not be considered a Tow Truck for purposes of this Article.
Sec. 86-113. - Intent.
It is the intent of this article to regulate the operation of Tow Truck services dispatched by the Sanger Police Department pursuant to the authority conferred by the Vehicle Code.
Sec. 86-114. - Dispatching of tow trucks.
Except as otherwise provided in Section 86-115, the Police Chief shall dispatch Tow Trucks to perform Tow Truck services on a rotation basis from a Rotation List established and maintained in accordance with the provisions of this article, and a Tow Agreement with the Sanger Police Department.
Sec. 86-115. - Exceptions.
This article shall not apply to the following:
(a) Tow Truck services performed by automobile clubs, automobile associations or garages specified by the owner or driver of the towed vehicle;
(b) Tow Truck services performed for the abatement and removal of abandoned, wrecked, dismantled or inoperable vehicles or parts thereof pursuant to Section 22660, et seq., of the Vehicle Code; or
(c) Tow Truck services performed on an emergency basis to eliminate a dangerous or hazardous condition as determined by the police department, when the dispatcher determines that another Tow Truck can provide the most expeditious response; or (d) Tow Truck services performed for the removal and storage of evidence vehicles.
Sec. 86-116. - Application for placement on rotation list.
Any person engaged in the business of providing Tow Truck services and desiring to be placed on the Rotation List shall submit a signed application for a Non-Exclusive Franchise to the Police Chief along with aprocessing fee, if any, as established by City Council resolution. The application shall be in a form approved by the Police Chief and shall include the following:
(a) The applicant's name, home address, business address, and telephone numbers, including the names of persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;
(b) A list of vehicles which will be used as Tow Trucks including a full description of each vehicle and its license number;
(c) The location of the applicant's place of business and storage facility; and (d) Such other and further information as the Police Chief may require.
63 (e) No Tow Truck company shall accrue any vested rights as a result of being aparty to a Non- Exclusive Franchise Tow Agreement, nor will any Tow Truck company be guaranteed placement on subsequent Non-Exclusive Franchise Tow Agreements for the Sanger Police Department. All applicants for any subsequent Non-Exclusive Franchise Tow Agreement will be reviewed and considered for inclusion at the time of the issuance of the subsequent Non-Exclusive Franchise Tow Agreement. Tow Truck company owners may be subject to an interview process and an inspection prior to approval.
The application shall be made under penalty of perjury and shall not be accepted unless it is completely and clearly filled out with all required information.
Sec. 86-117. - Investigation.
The Police Chief shall cause an investigation to be made of the facts stated in the application, and shall within thirty days after completion of the investigation place the applicant on the Rotation List subject to Applicant's execution of a Tow Agreement, unless any one of the following exists:
(a) The applicant has previously been removed from the Rotation List for violations of the Tow Agreement for the Sanger Police Department;
(b) A material statement made in the application is untrue; (c) A fact exists of which the Police Chief has knowledge which would be cause for removal or suspension of the applicant from the rotation list;
(d) The applicant's business or storage facility is not located within the geographical boundaries as set forth in the Tow Agreement for the Sanger Police Department; (e) The applicant has a felony conviction; or
(f) The applicant is unable to comply with the provisions of this article.
The reasons for the denial shall be stated in writing and sent to applicant within twenty days after submission of the application. The applicant may appeal the denial in the manner provided in Section 86-126.
Sec. 86-118. - Franchise Authorify.
Tow truck operators designated on the Police Department's Rotation List shall enter into a written Tow Agreement with the Police Department on a standard form agreement approved by the City Attorney. Each Tow Agreement shall contain eligibility requirements, operating regulations, indemnity and defense obligations, and additional requirements for the implementation of this article.
(a) All operator franchises granted pursuant to this article shall be non-exclusive and shall be for a term as specified in the Tow Agreement.
(b) Each operator shall be subject to the terms and conditions specified in this article as well as any terms or conditions specified its respective Tow Agreement. (c) An operator who applies for inclusion on the Rotation List and attendant Tow Agreement shall pay a processing fee, if any, as established by resolution of the City Council.
64 Sec. 86-119. - No Transfer or change of control.
No person shall assign or subcontract their Tow Agreement with the Sanger Police Department under this article to another person except by written approval of the Police Chief.
Sec. 86-120. - Minimum standards for operators, their equipment, and drivers.
Each operator shall have and maintain a valid license to do business in the city at all times during the term of its Tow Agreement. Operators shall maintain the following minimum equipment and driver qualifications and standards:
(a) For operators providing services pursuant to this article:
(1) Experience: Operators on the police department rotation list shall have a minimum of three (3) years veriltable for-hire towing experience as an owner of a towing company or service. Operators who do not meet the three (3) years verifiable for-hire experience as an owner of a towing company or service may be considered if a full-time manager is employed by the operator who possesses three (3) years verifiable for-hire experience, as an owner or full-time manager. For the purposes of this subsection, the term "manager" shall mean (i) any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of the towing company, and (ii) is approved as such by the chief of police in writing. If such manager ceases to be employed by the towing company, that operator shall be suspended until a new manager is approved by chief of police. (2) Operators shall provide to police department any such information as may be reasonably requested for each driver operating any operators' towing vehicles, and/or such information as may be required by an operator's Tow Agreement. (b) For towing equipment used in the course of providing services pursuant to this article:
(l) California Highway Patrol ("CHP") and Vehicle Code compliance: All tow trucks used hereunder by operators shall comply with all provisions of the California Vehicle Code that apply and shall meet or exceed the standards set forth in the CHP 2348 Tow Truck Inspection Guide. At all times during their authorized services pursuant to this ordinance, operators shall have a minimum of two (2) serviceable tow trucks, at least one (l) of which shall be a recovery truck, at least one (1) other a car-carrier. (2) Signs: All tow trucks shall display signs on both sides of the truck specifuing the Operator's company name, business address, and telephone number. The signs shall be permanently affixed to the truck. The letters and numbers of the sign shall not be less than two (2) inches in height and shall be of a contrasting color to the background upon which they are placed as required by California Vehicle Code Section27907. (3) Color: Tow trucks shall be uniformly painted with the same company color and logotype. Operators may have tow trucks in its fleet with specialty detail paint; however, the copy logotype on any such vehicle must be readily identifiable and visible
65 to the public.
(4) Safety: Operators shall only use tow vehicles or units that have passed safety inspections conducted by the California Highway Patrol. Such vehicles shall also comply with the provisions of Sections 24605,25253,25300,27700, and27907 of the California Vehicle Code and all other applicable safety laws, rules and regulations. (5) Rate sheets: The schedule of rates charged by an operator shall be kept in each tow truck, and shall be presented upon demand to person(s) requiring towing services or hisftrer agent, or any law enforcement officer at the scene of the tow. (c) For drivers and personnel providing services pursuant to this article:
(1) All Operators' tow truck drivers shall be properly licensed by the State of California (i.e. minimum Class A or C), shall be at least eighteen (18) years of age and shall have a minimum of six (6) months experience as a towing operator driver or, alternatively, not less than three (3) months of such experience plus successful completion of the "Light Duty Level I" training certificate issued by the Califomia Tow Truck Association, or comparable training provided by the California State Automobile Association, Towing and Recovery Association of America ('.TRAA"), Prometric or other such recognized training program meeting the standards established by the California Highway Patrol.
(2) Operators shall ensure that the tow truck drivers are qualified and competent employees of the operator. Operators shall ensure that their tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the police department rotational tow list. (3) Operators shall ensure that their tow truck drivers and other personnel present an image and personal appearance that instills confidence in the general public. This shall include, but not be limited to:
a. Tow truck drivers and other personnel must wear jackets or shirts bearing their company's logotype or name. The logotype or name shall be of a size and in a location that is clearly visible to the public (T-shirts, long sleeve shirts, button up or zip up jackets or short-sleeve shirts are acceptable). Shirts shall not be wom unbuttoned or unzipped. Tow truck drivers and other personnel shall present aneat and clean personal appearance consistent with good grooming and personal hygiene standards.
b. Tow truck drivers and other personnel must wear clothing appropriate for the job being performed. Police department personnel shall have the discretion to determine if the individual's clothing and appearance satisfies these minimum standards of appearance (e.g. safe shoes, appropriate shirt, etc.).
(4) Operators shall maintain a current list of all tow truck drivers and shall provide such list to
66 the city's police department as provided in this subsection. Operators shall have at least one (1) full{imelpart-time employee(s) qualified as provided in Subsection (c)(1) above.
Operators shall promptly notify the police department in writing of any change in driver status, including the addition of any new driver(s), or the deletion of any driver(s). An updated written list of driver(s) shall be provided to the police department within seven (7) calendar days ofany change in driver status.
Sec. 86-121. - Regulations.
All persons on the Rotation List shall:
(a) Comply with all laws of the state pertaining to Tow Trucks and Tow Truck service and all provisions of the Tow Agreement with the Sanger Police Department, all City of Sanger zoning requirements, and business license requirements ; (b) Charge reasonable towing fees not in excess of those charges that would have been charged for that towing or storage under the Tow Agreement or if the private property is not located within the city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located; and
(c) Comply with such other rules and regulations promulgated by the Police Chief.
Sec. 86-122. - Storage lots and space.
Operators on the police department rotation list shall maintain a storage lot within five (5) miles of the city in an appropriately zoned district with adequate and secure storage space to accommodate towed vehicles. Operators are to have access to a secured building with the capacity for the storage of at least ten (10) vehicles. Storage lots and secured buildings must be designed so that (i) stored vehicles are reasonably screened from public view, and (ii) vehicles and their contents are kept safe from pilfering, tampering, vandalism and theft. (a) Vehicles may be stored at alternative storage facilities outside of the city only under special circumstances acceptable to the city and with prior notification to the police department. (b) Operators shall be responsible for the security of stored vehicles and property at their places of storage. Provisions for the security of vehicles and property at the place of storage shall be provided to the written satisfaction of the police department. (c) Operators shall also be responsible forthe reasonable care, safekeeping and control ofany property contained in towed or stored vehicles.
(d) Operators shall maintain an outdoor storage facility that shall be enclosed by a permanently secured fence or wall measuring not less than six (6) feet in height. Chain link fencing shall have properly fitted privacy slats of the same color, or a color that blends into the surrounding buildings and/or landscape, and which minimizes public view of stored vehicles.
(e) Operators shall not change the location of their storage facility(ies) specihed to, and approved by, the city for inclusion on the police rotation list without first notifuing and obtaining the prior written approval from the police department. (f) Operators shall display in plain view to the public at all tow offrces and yards a sign displaying all towing, storage and release fees and charges then in effect, including, but not limited to, the operator's maximum storage rate.
67 (g) Operators shall maintain all offices and yards in an environmentally safe condition compliant with all environmental laws and regulations.
Sec. 86-123. - Rotation procedure for towing vehicles.
The police department shall rotate its requests for the services of towing vehicles among the operators on the police department's rotational list for such vehicles. The rotation procedure shall be operated as follows:
(a) When an operator is given and completes a call, that operator shall move to the bottom of the rotation list.
(b) Whenever more than one tow truck is needed to respond to a call for service, a separate operator shall be called for each truck. Each operator called shall be credited with a call and moved to the bottom of the rotation list in the order called. The police department has the discretion to use one operator at a scene for servicing multiple vehicles to maximize vehicle removal, traffic control andlor law enforcement.
(c) Whenever the driver or owner of a disabled vehicle specifies a particular club, association or tow service to be called to provide service, such calls shall not constitute a "rotation" call. This practice shall also be followed if the owner or hisArer representative requests an operator authorized to tow on behalf of a named insurance company. (d) If the police department is unable to reach the operator in the first position on the rotation list for a call, or is unavailable as otherwise requested, or if the operator accepts a call and is subsequently unable to respond as required, that operator shall be credited with a call and moved to the bottom of the rotation list.
(e) If the police department, in its judgment, determines that the operator in the first position on the rotation list, or as otherwise requested for service, is improperly equipped or otherwise incapable of adequately or efficiently responding to a specific call, the department may pass over that operator and continue down the list until it reaches an operator it considers capable of adequately responding to the call. If no operator on the list has the necessary skills or equipment to adequately respond, the department may request service from an operator not on the rotation list. A change from the normal rotation procedure under these circumstances does not alter any operator's position on the rotation list, except that the operator actually chosen shall be credited with a call and moved to the bottom of the list.
(f) Whenever an authorized police department employee determines that an emergency exists because an operator is unable, for any reason, to provide adequate tow service, the police department employee shall have the right to have such duties performed by any other means, starting with other operators on the rotation list, that most readily available to address the emergency in the most efficient and safe manner. (g) The Police Department shall maintain rotation records and make them available for inspection to operators and the public upon request.
Sec. 86-124. - Suspension.
Any Tow Truck company placed on the rotation list may be suspended by the Police Chief from such list if the Tow Truck company fails to comply with any of the conditions, regulations or requirements of this article. Upon learning of grounds for suspension, the Police Chief shall
68 immediately, by written notice, inform the owner of the Tow Truck company of the suspension.
The Police Chief may reinstate the Tow Truck company to the rotation list upon satisfactory proof that the Tow Truck company is in compliance with the conditions, regulations, and requirements of this article and has completed its suspension.
Sec. 86-125. - Removal from rotation list.
Any Tow Truck company placed on the rotation list may be removed from such list in accordance with the provisions of the Tow Agreement for the Sanger Police Department.
Upon learning of grounds for removal, the Police Chief shall immediately, by written notice, inform the owner of the Tow Truck company of the action of removal.
Sec. 86-126. - Appeal.
Any action for denial of an application and any Tow Truck company suspended in excess of 30 days or removed from the rotation list, shall have the right to appeal such order under Chapter 1, Article 3 of the Sanger City Code. If no appeal is filed within the time prescribed, the action of the Police Chief shall be final. Notwithstanding any other provision of this Code including Chapter 1, Article 3, in the event that any appeal is f,rled, the appellant shall not be allowed to participate in any tows or be placed on the Rotation List until such time as the Police Chief finds that the appellant is entitled to be reinstated on the Rotation List.
Sec. 86-127. - Authority of Police Chief.
The Police Chief is authorized to promulgate administrative rules and procedures for the successful and effective implementation of this article including establishing, amending, updating, restating and entering into Towing Agreements subject to approval by the City Attorney. Said administrative rules and procedures shall be in writing.
SECTION 2. CEQA. The City Council finds and determines that this ordinance is not a o'project" for the purposes of the California Environmental Quality Act (CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment.
SECTION 3. Effective Date. This ordinance shall become effective thirty days after its adoption.
SECTION 4. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Sanger, within fifteen days after its adoption. If a surnmary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted. The ordinance shall become effective thirty days after its adoption.
69 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on March 3,2022, and was passed and adopted at a regular meeting of the City Council held on March 17,2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED
Rebeca P. Ramirez
City Clerk
Eli Ontiveros, Mayor
City of Sanger
70 Fot the Meeting of: March 17,2022
Agenda Item No.:
CrrY oF SINGER
REPORTTO THE, CITY COUNCIL
l)--7
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Faller Ave and Lincoln Park Sidewalk Project
Contract Award
Attachment:
1. Contract
2. Project Location Map
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
l. Award the contract for the project to Witbro, Inc. dba Seal Rite Paving and Grading, 4237 W. Swift Avenue, Fresno, CA93722, in the amount of $171,839.00, as lowest responsive and responsible bidder; and
2. Approve a construction contingency for change orders in the amount of $17,200 00%) for this project; and
3. Authorize the City Manager to sign contract documents on behalf of the City.
EXECUTIVE SUMMARY:
This project will construct concrete sidewalk and curb ftrmps at various locations in the City to close gaps in areas where sidewalk is missing, but adjacent nearby. Specifically, this project focuses on Faller Avenue between JFK Park and Annadale Avenue and along the frontage of Lincoln Park, on Park and Cherry Avenues and P Street.
Prepared by: Approved by:
REVIEW: City Finance:
TYPE OF ITEM: COUNCILACTION: APPROVED DENIED NOACTION
,f"'-
X
X
Consent
Info Item
Action Item
Depattment Repott
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
71 BACKGROUND:
This project will utilize Congestion Mitigation and Air Qualrty Improvement (CMAQ) funds to construct sidewalk improvements to enhance pedestrian connectivity in various areas of town. The project is using the City's "Lifeline" apportionment of CMAQ funding, allocated to the various agencies in Fresno County on a population basis.
City staff has coordinated with staff of Sanger Unified School District for the planned construction of sidewalk along the frontage of Lincoln Park, which is owned by the District. They are planning their own improvements to this property while the City constructs these improvements within the City's right of way.
During the project bidding phase, the Notice Inviting Bids was circulated in the local builders' exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.
On March 8,2022 the City Clerk received and opened five bid proposals for this project:
Contractor Bid
l Witbro,Inc. dba Seal Rite Paving and Grading
2. Bush Engineering, Inc.
3. R.J. Berry, Jr., Inc.
4. Don Berry Construction
5. Dawson-Mauldin, LLC
$ 171,839.00
$179,983.00
$219,300.00
$230,299.00
$350,695.00
Engineer's Estimate $221,500.00
The bids were analyzed and it was determined that Witbro, Inc. dba Seal Rite Paving and Grading submitted the lowest responsive and responsible bid and, as such, Staff recommends that they be awarded the contract.
REASON FOR RECOMMENDATION:
Award of the contract will allow the City to proceed with the project.
FISCAL IMPACT:
The estimated cost for the construction phase of the project is $217,400, as detailed below:
o Construction - $171,839
o Construction Contingency - $17,200
o ConstructionManagement/Inspection/Testing/Admin- $28,361 These costs are included in this year's capital improvement budget to be funded primarily from CMAQ funds with the required local match from TDA Article 8.
ALTERNATIVES:
Reject all bids and re-advertise, although this is not recommended due to the bids coming in under the \\nas l\shared\Forms & Templates
72 engineer's estimate.
ACTIONS F'OI,I APPROVAL:
The contract will be executed, subject to the Contractor providing performance security satisfactory to the City. After issuance of the Notice to Proceed, the Contractor will have 45 working days to complete the project.
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73 ATTACHME,NT 1
\\nas l\shared\Forms & Templates
74 CONTRACT
THIS CONTRACT, is made by and between Withro Inc dha Seal Rite Pavins and Gradins. hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner.
WITNESSETH:
The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:
1. SCOPE OF WORK.
The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen, and laborers required for the
FALLER AVENUE AND LINCOLN PARK SIDEWALK PROJECT
Federal Aid Proiect No. CML-5197(038)
as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.
2. The term Contract includes all "Contract Documents" which include the following:
A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications I
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract
In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.
3. COMPENSATION.
The Owner agrees to pay the Contractor for the performance of the Contract the sum of One hundred seventv-one thousand eisht thirtv-nine dollars and no cents ($171.839.00). t This Contract shall be subject to the Claims Resolution Process under Public Contract Code Section 9204 which is effective January 1,2017; contrary language in Standard Specifications is superseded by said Section 9204. 75 It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached.
4. SUSPENSION OF THE WORK.
A. General: The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.
B. Archaeoloeical and Paleontolosical Discoveries: If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.
5. TERMINATION OF THE CT FOR DEFAULT.
A. General: If, prior to the acceptance of the Work, the Contractor:
(1) Becomes insolvent, assigns its assets for the benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work; (2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.
B. Notices: Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:
(1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 1 8 years. The proof of delivery shall 76 show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
C. Notice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.
D. Notice of Termination for Default: If the Contractor fails to cornmence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(l) Will terminate the Contractor's right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
E. Resoonsibilities of the Suretv: Upon receipt ofthe written notice oftermination for default, the Surety shall immediately assume all rights, obligations, and liabilities ofthe Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notiff the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notifr the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, 77 upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.
If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.
F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
6. TERMINATION OF THE CONTRACT FOR CONVENIENCE.
The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.
A. Notice: The Owner will issue a written notice of termination for convenience as follows:
(l) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of l8 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
B. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notifu Subcontractors and suppliers to immediately cease their work.
C. Payment: The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the Owner no 78 later than 90 days from the effective date of termination, unless extended, in writing, by the Owner upon written request by the Contractor.
If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.
7. DELAYS AND EXTENSIONS OF TIME.
A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in SubsectionTC of this Contract. Such unforeseen events may include: war, govefllment regulations, labor disputes, strikes, fires, floods, adverse weather, or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor fumishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.
If delays beyond the Contractor's control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.
The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in SubsectionTC of this Contract.
If delays beyond the Contractor's control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.
B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
C. Payment for Delays: Pursuant to Public Contract Code Section7lD2, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.
Such actual costs will be determined by the Engineer. The Owner will not be liable for damages which the Contractor could have avoided by any reasonable mans, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 79 8
D. Written Notice and Report: If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall frle with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.
Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.
E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion of the Work within the time specified as in the Contract or the Special Provisions for such portion.
Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.
F. Contract Time Accounting: The Engineer will make a daily determination of each Working Day to be charged against Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period.
The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.
ACCEPTAN AND
A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer's judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.
B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer's judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor's performance of the Contract be accepted.
C. Wananty: The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 2 years. The warranty period shall start on the date the Work was completed as determined by the Engineer.
The warranty period for specihc items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
All wananties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the 80 Contractor's performance of the Contract.
The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor's expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor's Surety shall be liable for the cost thereof.
9. LIQUIDATED DAMAGES.
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.
Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value ofthe costs and actual damage caused by the failure ofthe Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
10. INDEMNIFICATION
To the maximum extent permitted by Civil Code Section2782 et seq., Owner shall not be liable for, and Contractor shall defend, indemnifu, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively 'oOwner Parties"), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, ftnes, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively referred to as "Claims"), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from arty act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.
However, Contractor shall have no obligation to defend or indemnifu Owner Parties against Claims caused by the active negligence, sole negligence, or willful misconduct of Owner Parties.
This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor.
11. INSURANCE.
Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following-described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers' compensation 81 and employer's liability insurance, the Owner, its officers, agents, and employees of each of them:
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence form cG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California and Employer' s Liability Insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions must be declared to and approved by the Owner.
At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its offrcers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The Owner, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed 82 by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees, agents, or volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Owner, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents, or volunteers.
(a) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either pffity, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Owner.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less the A:VII.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.
All endorsements are to be received and approved by the Owner before work commences.
As an alternative to the Owner's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. SUBCONTRACTOR
Contractor shall include all subcontractors as insureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries, or damage to underground utilities.
The policy shall not contain'ox",o'c" or "u" exclusions. 83 Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.
12. WORKERS COMPENSATION.
Contractor represents that he or she has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten (10) days written notice of cancellation. If the Contractor self-insures Worker's Compensation, Certificate of Consent of self-insured shall be provided the Owner.
13. BONDS.
The Contractor shall forthwith fumish in triplicate two bonds, each in the amount of 100 percent ofthe Contractprice. One shall serve as security forthe faithful performance ofthe work (hereafter 'oPerformance Bond"). The second bond shall serve as security for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter "Payment Bond"). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.
The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 730 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attorneys' fees to be fixed by the court.
14. DEFECTIVE MA S: DEFECTIVE WORK.
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely 84 without cost to the Owner so that said work will function successfully as originally contemplated.
The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
I5. LABOR STANDARDS.
A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.
B. Wages:
(1) General: The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classihcation which most nearly corresponds to the type of work to be performed.
(2) State: The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity ofthe work to be performed under this Contract.
These wage rates are maintained on file by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement: These wage rates shall be enforced under Sections 1770 through 1780 of the California Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certified payrolls shall be submitted weekly to Owner c/o Yamabe and Hom Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.
C. Preference for Resident Labor: Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.
85 D. Hours of Labor: Pursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.
Failure of the Contractor to perform the work in accordance with this policy of the State of Califomia shall be deemed a failure to comply with the provisions of this Contract.
E. Overtime Work: In accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections 1810-1815.
Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.
F. Apprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.
G. Compliance with SB 854: California Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section L77l.l(a)l
(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
86 (3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(a) No bid proposals will be accepted, nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor's responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement ("Labor Commissioner") as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.
LAWS. REGULATIONS AND PERMITS.
H. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules, and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor.
If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly notifr the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule, or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.
I. Permits and Licenses: Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution of the work and the subsequent guarantee period shall be secured and paid for by the Contractor.
Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.
J. Patents and Royalties: The costs involved in fees, royalties or claims for any patented invention, article, process, or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents, and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, fumish acceptable proof of a proper release from all such fees or claims.
Should the Contractor, agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive 87 information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents, and employees or any of them, to use such invention, article, material, or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
16. CALIFORNIA LAW AND VENUE.
The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.
17. MUTUAL NEGOTIATION.
Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.
18. ATTORNEY'S FEES.
In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.
19. FHWA-1273
The Contractor agrees to comply with all provisions of Form FHWA-1273, 'oRequired Contract Provisions, Federal-aid Construction Contracts" that apply to this project which is attached herewith.
20. FEDERAL WAGE DETERMINATION
The Contractor shall utilize Federal Wage Determination CA20220018, Modification # 4 dated 0212512022 for this project which is attached herewith. 88 IN WITNESS WHEREOF, the parties have executed this Contract this 2022
CITY OF SANGER
(owNER)
day of
Witbro. Inc. dba Seal Rite Paving and Grading
(coNTRACTOR)
Title
Federal Taxpayer I.D. No.
By By
Tim Chapa, City Manager
Approved as to Form:
City Attomey
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Fot the Meeting of: March 77,2022
Agenda Item No.:
H- S
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Sanger Sidewalk Gap Closure Project
Contract Award
Attachment:
1. Contract
2. Project Location Map
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
1. Award the contract for the project to Witbro, Inc., dba Seal Rite Paving and Grading, 4237 W. Swift Avenue, Fresno, CA93722, in the amount of $106,408.00, as lowest responsive and responsible bidder; and
2. Approve a construction contingency for change orders in the amount of $10,700 (10%) for this project; and
3. Authorize the City Manager to sign contract documents on behalf of the City.
EXECUTIVE SUMMARY:
This project will construct concrete sidewalk and curb ramps at various locations in the City to close gaps in areas where sidewalk is missing, but adjacent nearby.
Preoated bv: loshua Rosers Approved
REVIEW: City Finance: Attorney: _rfo-
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
x
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
Public Hearing
Mattet Initiated by a Council Member
Othet
Continued to:
92 BACKGROUND:
This project will utilize Congestion Mitigation and Air Quality Improvement (CMAQ) funds to construct sidewalk improvements to enhance pedestrian connectivity in various areas of town. The project is using the City's "Lifeline" apportionment of CMAQ funding, allocated to the various agencies in Fresno County on a population basis.
During the project bidding phase, the Notice Inviting Bids was circulated in the local builders' exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.
On March 8,2022 the City Clerk received and opened five bid proposals for this project:
Contractor Bid
1. Witbro, Inc. dba Seal Rite Paving and Grading
2. Bush Engineering, Inc.
3. Don Berry Construction
4. R.J. Berry, Jr.,Inc.
5. Dawson-Mauldin, LLC
$106,408.00
$112,010.00
$135,844.00
$165,397.00
$231,013.00
Engineer's Estimate $166,430.00
The bids were analyzed and it was determined that Witbro, Inc. dba Seal Rite Paving and Grading submitted the lowest responsive and responsible bid and, as such, Staff recommends that they be awarded the contract.
REASON FOR RECOMMENDATION:
Award of the contract will allow the City to proceed with the project.
F'ISCAL IMPACT:
The estimated cost for the construction phase of the project is $134,600, as detailed below:
o Construction - $106,408
o Construction Contingency - $10,700
o Construction Management/Inspection/Testing/Admin - $17,492 These costs are included in this year's capital improvement budget to be funded primarily from CMAQ funds with the required local match from Measure C Streets.
ALTERNATIVES:
Reject all bids and re-advertise, although this is not recommended due to the bids coming in under the engineer's estimate.
ACTIONS FOLLOWING APPROVAL:
The contract will be executed, subject to the Contractor providing performance secwity satisfactory to the \\nasl\shared\Forms & Templates
93 ATTACHMENT 1
\\nasl\shared\Forms & Templates
94 CONTRACT
THIS CONTRACT, is made by and between Witbro. Inc. dba Seal Rite Pavins and Gradins. hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner.
WITNESSETH:
The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:
I. SCOPE OF WORK.
The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen, and laborers required for the
SANGER SIDEWALK GAP CLOSURE PROJECT
Federal Aid Proiect No. CML-5197(031)
as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.
2. CONTRACT DOCUMENTS.
The term Contract includes all "Contract Documents" which include the following:
A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications'
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract
In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.
3. COMPENSATION.
The Owner agrees to pay the Contractor for the performance of the Contract the sum of One hundred six thousand four hundred eieht dollars and no cents ($106.408.00) ' This Contract shall be subject to the Claims Resolution Process under Public Contract Code Section 9204 which is effective January 1,2017; contrary language in Standard Specifications is supersededby said Section 9204. 95 It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached.
4. SUSPENSION OF THE WORK.
A. General: The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.
B. Archaeological and Paleontological Discoveries: If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.
5. TERMINATION OF THtr CT FOR DEFAULT.
A. General: If, prior to the acceptance of the Work, the Contractor (1) Becomes insolvent, assigns its assets forthe benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work; (2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.
B. Notices: Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:
96 (1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery,shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is retumed unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
C. Notice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.
D. Notice of T for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(1) Will terminate the Contractor's right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) ll4ay use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
E. Responsibilities ofthe Surety: Upon receipt ofthe written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities ofthe Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notif' the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the writtennotice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notiff the Surety 97 6.
if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.
If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.
F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
THE CONTRACT
The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.
A. Notice: The Owner will issue a written notice of termination for convenience as follows:
(l) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 1 8 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
B. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notiff Subcontractors and suppliers to immediately cease their work.
C. Payment: The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
98 (3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, by the Owner upon written request by the Contractor.
If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.
7. DELAYS AND EXTENSIONS OF TIME.
A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather, or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.
If delays beyond the Contractor's control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.
The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in SubsectionTC of this Contract.
If delays beyond the Contractor's control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.
B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
C. Payment for Delays: Pursuant to Public Contract Code SectionTl}2,the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.
Such actual costs will be determined by the Engineer. The Owner will not be liable for 99 damages which the Contractor could have avoided by any reasonable mans, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer.
D tten Notice If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.
Failure by the Contractor to f,rle these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.
E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion of the Work within the time specified as in the Contract or the Special Provisions for such portion.
Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.
F. Contract Time Accounting: The Engineer will make a daily determination of each Working Day to be charged against Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period.
The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.
8. rrNI\fI)I trTTrtI\T ACCEPTAN(.tr aNn u/app a\r'r-v
A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer's judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.
B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer's judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor's performance of the Contract be accepted.
C. Warranty: The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 2 years. The warranty period shall start on the date the Work was completed as determined by the Engineer.
The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
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All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the Contractor's performance of the Contract.
The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor's expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor's Surety shall be liable for the cost thereof.
9. LIOUIDATED DAMAGES.
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specihed for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to'the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.
Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value ofthe costs and actual damage caused by the failure ofthe Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
10. INDEMNIFICATION
To the maximum extent permitted by Civil Code Section2782 et seq., Owner shall not be liable for, and Contractor shall defend, indemniff, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively "Owner Parties"), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs ofany kind or character, including attorneys' fees and court costs (collectively referred to as "Claims"), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its ofhcers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.
However, Contractor shall have no obligation to defend or indemnifu Owner Parties against Claims caused by the active negligence, sole negligence, or willful misconduct of Owner Parties.
This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor. 1I.INSURANCE.
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Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following-described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers' compensation and employer's liability insurance, the Owner, its officers, agents, and employees of each of them:
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as
(1) Insurance Services Office Commercial General Liability coverage (Occurence form cG 0001).
(2) Insurance Services Offrce form number CA 0001 (Ed. l/87) covering Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of California and Employer' s Liability Insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions must be declared to and approved by the Owner.
At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
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(l) The Owner, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees, agents, or volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Owner, its officers, off,rcials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Owner, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents, or volunteers.
(a) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either paf, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the Owner.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less the A:VII.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.
All endorsements are to be received and approved by the Owner before work commences.
As an altemative to the Owner's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. SUBCONTRACTOR
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 103
Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries, or damage to underground utilities.
The policy shall not contain "x","c" or "u" exclusions.
Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner's approval, within ten (10) days thereafter. Said certihcates shall be subject to the approval of the Owner.
12. WORKERS COMPENSATION.
Contractor represents that he or she has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten (10) days written notice of cancellation. If the Contractor self-insures Worker's Compensation, Certificate of Consent of self-insured shall be provided the Owner.
I3. BONDS.
The Contractor shall forthwith furnish in triplicate two bonds, each in the amount of 100 percent of the Contractprice. One shall serve as security forthe faithful performance ofthe work (hereafter "Performance Bond"). The second bond shall serve as security for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter "Payment Bond"). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.
The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 730 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attorneys' fees to be fixed by the court.
14. DEFECTIVE MA S: DEFECTIVE WORK.
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse 104
the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated.
The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
15. LABOR STANDARDS.
A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.
B. Wages:
(1) General: The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
(2) State: The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.
These wage rates are maintained on file by Owner at its principal ofhce and will be made available to any interested party upon request.
(3) Enforcement: These wage rates shall be enforced under Sections 1770 through 1780 of the Califomia Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each joumeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certifred payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.
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C. Preference for Resident Labor: Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.
D. Hours of Labor: Pursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.
Failure of the Contractor to perform the work in accordance with this policy of the State of Califomia shall be deemed a failure to comply with the provisions of this Contract.
E. Overtime Work: In accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections I 8 I 0- 1 8 I 5.
Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.
F. Apprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.
G. Compliance with SB 854: Califomia Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section l77l.l(a)l
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(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
(3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(a) No bid proposals will be accepted, nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor's responsibility to know the current regulations.
(6) Contractor must furnish electronic certif,red payroll records to the Division of Labor Standards Enforcement ("Labor Commissioner") as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.
LAWS. REGULATIONS AND PERMITS.
H. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules, and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations ofthe law in connection with work provided by the Contractor.
If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly noti$ the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule, or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rulss, or regulations.
I. Permits and Licenses: Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution ofthe work and the subsequent guarantee period shall be secured and paid for by the Contractor.
Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.
J. Patents and Royalties: The costs involved in fees, royalties or claims for any patented invention, article, process, or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents, and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before hnal payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims.
Should the Contractor, agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used 107
under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, f,rnish, suitability and market value to those planned or required under the Contract. Descriptive information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents, and employees or any of them, to use such invention, article, material, or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
16. CALIFORNIA LAW AND VENUE.
The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in Califomia. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.
I 7. MUTUAL NEGOTIATION.
Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.
18. ATTORNEY'S FEES.
In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.
r9. FHWA-I273
The Contractor agrees to comply with all provisions of Form FHWA-1273, "Required Contract Provisions, Federal-aid Construction Contracts" that apply to this project which is attached herewith.
20. FEDERAL WAGE DETERMINATION
The Contractor shall utilize Federal Wage Determination CA20220018, Modification # 4 dated 0212512022 for this project which is attached herewith. 108
IN WITNESS WHEREOF, the parties have executed this Contract this 2022.
CITY OF SANGER
(oWNER)
day of
Witbro. [nc. dba Seal Rite Paving and Grading
(coNTRACTOR)
By
Federal Taxpayer I.D. No
By:
Tim Chapa, City Manager
Approved as to Form:
City Attorney
109
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For the Meeting of: March 17,2022
Agenda Item No.:
H-q
CrrY oF SINGER
RE,PORTTO THE, CITY COUNCIL
To: Mayor and Council Members
From: John F. Mulligan, Public Works Director
Subject: Approve a Resolution Initiating Proceedings to Levy the Annual Assessment for Sanger Landscaping and Lighting Maintenance District No. 1 Attachments: 1) Resolution
2) Map
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
Approve Resolution No. 2r)22-11 , a resolution initiating proceeding to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No. 1.
EXECUTIVE SUMMARY:
The City of Sanger has two established Landscaping and Lighting Districts that were established to maintain city parks, landscaped areas, block walls, and streetlight operation and maintenance. Sanger Landscaping and Lighting Maintenance District No.1 (LLMD No.1) was established in 1990 and was amended with the passage of Proposition 218 in 1997. The assessments collected in LLMD No.l are now used primarily for street lighting purposes.
The annual assessment process begins with the attached resolution initiating the proceedings to levy the assessment in the established LLMD No.l area. This resolution does not implement the assessment but rather continues the process for further discussion and directs the City Engineer to prepare the appropriate required detailed report. After the Engineer's report is submitted, a Public Hearing will be set for further discussion to levy the assessment.
Prepared by: Approved
REVIE!7: City Finance: CityAttorney' .d. -
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
116
BACKGROUND:
On June 29,1990, the Sanger City Council established Sanger Landscaping and Lighting Maintenance District No. 1 (LLMD No. l) for the purpose of maintaining city parks, landscaped areas and streetlights.
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 street lighting, and landscaped areas within the public right-of-way. These costs were recognized as costs which directly benefit property owners by increasing the value of their property.
Adequate street lighting increases safety and decreases crime. Well-kept landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.
With the passage of Proposition 218, the City of Sanger eliminated the assessment in LLMD No. 1 for maintaining city parks and landscaped areas. LLMD No. 1 assessments are used only for street lighting pulposes.
The attached resolution initiating proceedings to levy an annual assessment, to defray the cost of maintaining the street lighting within the LLMD No. I City right-of-way, begins the process for the City to provide a public hearing, for the purpose of discussing the proposed collection of the annual assessment for the LLMD No. l. This resolution directs the City Engineer to prepare a report in accordance with Article 4, Chapter 1 of the Streets and Highway Code of the State of California. The engineer's report and additional resolutions will come before the City Council for approval of the proposed assessments.
Approving this resolution does not implement the assessment; it only continues the process for further discussion.
REASON F'OR RECOMMENDATION:
The LLMD No.1 assessment is utilized to offset the costs of streetlight and right of way maintenance and operations within the established LLMD No.l area. Street lighting and well maintained landscaping increases safety and the quality of life and directly affects the actual property values of homes and businesses located in the City of Sanger.
FISCAL IMPACT:
Total assessments for fiscal year 2022 2023 are estimated at $140,000. The engineer's report will provide more detailed information regarding the potential revenue that may be collected if approved by the Council.
ALTERNATIVES:
The alternative is to eliminate the assessment and absorb the expenditures into the appropriate General Fund division budget.
ACTIONS FOLLOWING APPROVAL:
Direct the City Engineer to prepare the detailed LLMD No.l report to be approved at a subsequent City Council meeting.
117
ATTACHMENT 1
118
RESoLUTToN No. 2o zz-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
INITIATING PROCEEDINGS
TO LEVY ANNUAL ASSESSMENT FOR
SANGER LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, the City Council of the City of Sanger by ResolutionNo. 2581 on June 29, 1990 formed Sanger Landscaping and Lighting Maintenance District No. 1 pursuant to the Landscaping and Lighting Act of 1972, California Streets and Highways Code Secti on22500 et. seq. for the purpose of collecting assessments to defray the cost of maintaining the street lighting, graffiti and vandalism abatement and City landscaping and parks in the City of Sanger; and
WHEREAS, the City Council wishes to initiate proceedings to levy annual assessments for the fiscal year 2022-2023 under such district which are allowed by the law; and
WHEREAS, the proposed assessment for fiscal year 2022-2023 will be imposed to collect for street lighting and maintenance of public right of ways; and WHEREAS, the imposition of an annual assessment for the maintenance of these facilities is categorically exempt under the provisions of the Califomia Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
The City Engineer of the City of Sanger is hereby ordered and directed to prepare and file with the City Council a report in accordance with Article 4, Chapter 1 of the 119
Streets and Highway Code of the State of California, beginning at section 22565, including the plans and specifications for improvements, an estimate of the costs of the improvements, a diagram of the assessment district, and an assessment of the costs of the improvements. The improvements shall consist of the maintenance of all the street lighting facilities and maintenance areas in the public right of way on City property located in the City of Sanger's Landscaping and Lighting District No. 1. {. * *,f {< * {. * :& {< *,F r& * r& :&
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the city council of the city of Sanger, California, at a regular meeting held on the 17th day of March,2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COI-INCIL MEMBERS:
COUNCIL MEMBERS:
COLINCIL MEMBERS:
COUNCIL MEMBERS:
Rebeca Ramirez, City Clerk
120
ATTACHMENT 2
121
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122
For the Meeting of: March 17,2022
Agenda Item No.:
H- to
CrrYoF SnNGER
RE,PORT TO THE, CITY COTJNCIL
To: Mayor and Council Members
From: John F. Mulligano Public Works Director
Subject: Approve a Resolution Initiating Proceedings to Levy the Annual Assessment for Sanger Landscaping and Lighting Maintenace District No.2 Attachments: 1) Resolution
2) Map
CONFLICT OF INTEREST:
Unknown
RECOMMENDATION:
Approve Resolution No.2Q22LL, a resolution initiating proceedings to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No. 2.
EXECUTIVE SUMMARY:
The City of Sanger has two established Landscaping and Lighting Maintenance Districts that were established to maintain city parks, landscaped areas, block walls, and streetlight operation and maintenance. Sanger Landscaping and Lighting Maintenance District No.2 (LLMD No.2) was established in 2004 to levy and collect assessments to cover the cost of maintaining streetlights, landscaping, and irrigation systems within the LLMD No. 2 City public right-of-way, and to covei the cost of maintaining special amenities located within the LLMD No. 2 public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts.
The annual assessment process begins with the attached resolution initiating the proceedings to levy the assessment in the established LLMD No.2 areas. This resolution does not implement the assessment but rather continues the process for fuither discussion and directs the City Engineer to prepare the appropriate required detailed report. After the Engineer's report is submitted and upprorred, u public Prepared by: John F. Mulligan Approved
REVIEW: City city Attorne yt ,fr'^-Finance:
COUNCIL ACTION: APPROVED DENIED NO ACTIONTYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
123
Hearing will be set for further discussion to levy and collect the assessment.
BACKGROUND:
On April 1,2004, the Sanger City Council established Sanger Landscaping and Lighting Maintenance District No. 2 (LLMD No. 2) to levy and collect assessments to cover the cost of maintaining streetlights, landscaping, and irrigation systems within the LLMD No. 2 City public right-of-way, and to cover the cost of maintaining special amenities located within the LLMD No. 2 public right-of-way er easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts.
The Landscaping and Lighting Act of 1912, 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 street lighting, and landscaped areas within the public right-of-way. These costs directly benefit property owners by inueasing the value of their property. Adequate street lighting increases safety and decreases crime. Well-kept landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.
The attached resolution initiating proceedings to levy an annual assessment, to defray the cost of maintaining the street lighting, and landscaping within the LLMD No. 2 City right-of-way, begins the process for the City to provide a public hearing, for the pu{pose of discussing the proposed collection of the annual assessment for the LLMD No. 2. This resolution directs the City Engineer to prepare a report, which ensures that the annual assessment established for all properties within the proposed assessment district covers the City's cost for maintenance, related services, and incidental expenses. Assessments may be increased each year using an inflation escalator based upon the Consumer Price Index. The engineer's report and additional resolutions will come before the City Council for approval of the proposed assessments.
Approving this resolution does not implement the assessment; it only continues the process for further discussion.
REASON FOR RECOMMENPATION:
The LLMD No.2 assessment is utilized to offset the costs of streetlight and right of way maintenance and operations within the established LLMD No.2 areas. Street lighting and well maintained landscaping increases safety and the quality of life and directly affects the actual property values of homes and businesses located in the City of Sanger.
FISCAL IMPACT:
Total assessments are estimated at $190,000. The engineer's report will provide more detailed information regarding the potential revenue that may be collected if approved by the City Council at alater date.
ALTERNATIVES:
The alternative is to eliminate the assessment and absorb the expenditures into the division budget.
ACTIONS FOLLOWING APPROVAL:
Direct the City Engineer to prepare the LLMD No.2 report to be approved by the City Council. 124
ATTACHMENT 1
125
RESOLUTTON NO. 20 22 - 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
INITIATING PROCEEDINGS
TO LEVY ANNUAL ASSESSMENT FOR
SANGER LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.2 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, the City Council of the City of Sanger by Resolution No. 3604 on April 1,2004 formed Sanger Landscaping and Lighting Maintenance DistrictNo. 2 to levy and collect assessments pursuant to the Landscaping and Lighting District Act of 1972, California Streets and Highways Code Section 22500 et. seq. for the puqpose of collecting assessments to defray the cost of maintaining street lighting, landscaping, and irrigation systems within the City public right-of-way, the maintenance of any special amenities located within the public right-of-way or easements, including, but not limited to, maintenance of masonry walls, maintenance of storm water holding ponds, and maintenance of roundabouts; and
WHEREAS, the City Council wishes to initiate proceedings to levy annual assessments for the fiscal year 2022-2023 under such district which are allowed by the law; and
WHEREAS, the proposed assessment for fiscal year 2022-2023 will be imposed to collect for street lighting and maintenance of public right of ways; and WHEREAS, an assessment district to collect assessments for maintaining street lights, and City landscaping is categorically exempt under the provisions of the California Environmental Quality Act.
NOW' THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
The City Engineer of the City of Sanger is hereby ordered and directed to prepare and file with the City Council a report in accordance with Article 4, Chapter I of 126
the Streets and Highway Code of the State of California, beginning at section 22565, including the plans and specifications for improvements, an estimate of the costs of the improvements, a diagram of the assessment district, and an assessment of the costs of the improvements. The cost of the improvements shall consist of the utilities, depreciation, and maintenance of all the street lighting facilities and landscape maintenance areas in the public right-of-way as described above. The City Engineer is hereby ordered and directed to ensure that the annual assessment established for all properties within the assessment district covers the City's cost for maintenance, related services, and incidental expenses. Assessments may be increased each year using an inflation escalator based upon the Consumer Price Index, California, All Urban Consumers, for each year. {. * * * :& :lr * * r! rl. rl. {< * :* * rF
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council of the City of Sanger, California, at a regular meeting held on the lTth day of March,2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COLINCIL MEMBERS:
COUNCIL MEMBERS:
COLTNCIL MEMBERS:
Rebeca Ramirez, City Clerk
127
ATTACHMENT 2
128
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129
ANGDR
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For the Meeting of: Match 17,2022
Agenda rtem No.:
f-{
, f f
CrrYoF SaNGER
REPORT TO THE, CITY COTJNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Dedication and Acceptance of Public Street and Utility Easement for Muscat Avenue between Academy Avenue and Union Pacific Railroad Attachments: 1. Resolution No. 20 J)4q
2. Aerial Photo
3. Grant Deed
CONFLICT OF INTEREST:
None known.
RECO TION:
Staff recommends that the City Council adopt ResolutionNo. 2o)) -tg . which:
1. Dedicates a public street and utility easement within the existing footprint of Muscat Avenue from a fee title parcel owned by the City of Sanger; and
2. Authorizes the City Manager to sign the Deed on behalf of the City; and
3. Accepts the right-of-way dedication for public street and utility purposes for Muscat Avenue.
EXECUTIVE SUMMARY:
The City is the fee title owner of a property more particularly described as Parcel C of Parcel Map No. 83-2, which created three parcels and was recorded in 1984. This parcel was not, and has not been, dedicated or offered for public street pulposes with the map or any document since. Dedication of, and acceptance of, the street dedication attached to this staff report will allow Muscat Avenue to be treated as all other public streets and rights of way within the City of Sanger.
Prepated by: Approved by:
REVIEW: City Finance:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
-t$t.
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Headng
Mattet Initiated by a Council Member
Other
Continued to:
X
130
BACKGROUND:
As discussed above, three parcels were created with Parcel Map 83-2 in 1984. Parcels A, B and C in question are currently vacant, occupied by ADCO Manufacturing, and are overlaid by Muscat Avenue and a portion of Well No. 14, respectively. Attachment 2 is an aerial photo with property line overlay to show the properties in the area. As part of the Dynamis Plant construction (now Algonquin Power), Muscat Avenue was built within Parcel C in the early to mid-90s. While the City of Sanger owned this parcel, it was never dedicated as a public street. As such, it is held in fee title as any other real property would be, such as the land on which the Civic Center is built, or the Wastewater Treatment Plant.
While the City has all rights to this land, the general public does not possess the same rights of access, nor do public utilities have the same rights to operate and maintain their facilities under their franchise agreements with the City. This issue came to light when PG&E was planning new gas line work in Muscat Avenue and their Land Department made the determination that they could not do this work without the City granting them an exclusive pipeline easement within Muscat Avenue. Once brought to the City's attention, Staff determined that it would not be beneficial to the City to dedicate an exclusive pipeline easement to PG&E, which would give them senior rights within that easement, but instead would be better to dedicate a public street and utility easement from the City to the City, maintaining its prior right and subjecting PG&E and any other utilities to their current and respective regulations operating within franchise agreements and under encroachment permits with the City to perform any of their standard utility work.
This action is considered by Staff to be procedural and in the best interests of the City, and will not change any functionality of Muscat Avenue or any other portion of the City's property, as the roadway already exists and has been in use by the public for approximately 30 years. The dedication for Muscat Avenue within Parcel C specifically avoids any overlap onto the property wherein Well 14 is currently located.
REASON FOR RECOMMENDATION:
This action will dedicate for public use a portion of a parcel which has been used by the public for many years, and will clarify its status and match its intended purpose.
FISCAL IMPACT:
There is no known fiscal impact from this action.
ALTERNATIVES:
The parcel may be maintained as is, with no dedication for public street and utility purposes, but it is Staff s belief that this will only complicate its use and is not in line with current City practice.
ACTIONS FOLLOWING APPROVAL:
The City Manager will sign the deed, dedicating the land to the City for its intended purpose. The City Clerk will prepare a Certificate of Acceptance and have the deed recorded with the County Recorder.
PG&E and any other utility or party wishing to perform work within Muscat Avenue would file for an encroachment permit to encroach on a public street.
\\nas1\shared\Forms & Templates
131
ATTACHME,NT 1
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132
RESoLUTToNNo. 2oZZ-tq
A RESOLUTION OF THE CITY OF SANGER OFFERING, AND ACCEPTING,
DEDICATION OF GRANT OF EASEMENT FOR A RIGHT OF WAY FOR
PUBLIC STREET AND UTILITY PURPOSES FROM THE CITY OF SANGER,
A CALIFORNIA MUNICIPAL CORPORATION, FOR MUSCAT AVENUE
BETWEEN ACADEMY AVENUE AND UNION PACIFIC RAILROAD
WHEREAS, the City of Sanger, a California Municipal Corporation. is the owner of that real property more specifically described as Parcel C of Parcel Map No. 83-2; and WHEREAS, subsequent to the recordation of Parcel Map No. 83-2, Muscat Avenue was built between Academy Avenue and the Union Pacific Railroad within Parcel C of Parcel Map No.83-2; and
WHEREAS, a dedication for public street and utility easement for Muscat Avenue was not made with Parcel Map No. 83-2, nor with any document since; and WHEREAS, the City of Sanger desires to grant said public street and utility easement for Muscat Avenue, granting the public access and rights of way as within its other city streets; WHEREAS, it is in the best interest of the City of Sanger and its residents to accept the Grant of Easement.
NOW THEREFORE, the City Council of the City of Sanger resolves:
1. 2.
The foregoing recitals are true and correct and incorporated herein by reference.
The City Council of the City of Sanger, State of California offers, and accepts, the right-of-way dedication for public street and utility purposes as set forth in the Grant of Easement attached to this Resolution.
This resolution is effective upon adoption.J
* * tl. *,F * {. * * * * r* :t * *,t
The foregoing Resolution was considered by the City Council of the City of Sanger, Califomia, at a regular meeting of said Council held on the l7th day of March 2022, and approved by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Rebeca P. Ramirez, City Clerk
133
ATTACHME,NT2
\\nas I \shared\Forms & Templates
134
ParcelA of Parcel Map B3-2
Property Lines (Typical)
lParcel B of Parcel Map B3-2
Parcel C of Parcel Map B3-2
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City of Sanger
Muscat Avenue Public Street and Utility Easement
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135
ATTACHME,NT 3
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136
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Sanger
1700 Seventh Street
Sanger, Califomia 93657
APN: 332-0 42-05T (portion)
No recording fcc required:
Exempt pursuant to Code 27383
No filing fee required:
Exempt pursuant to Government Code Section 6103
No payment ofdocument trlnsfer tax:
Exempt pursuant to Revenue and Taxation Code Section 11922 Space above this line for Recorder's Use
DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Sanger, a California Municipal Corporation hereby GRANTS to the City of Sanger, a California Municipal Corporation, an EASEMENT for public street and utility purposes, incidents thereto upon, over and across that certain portion of real property in the City of Sanger, County of Fresno, State of California, to wit:
FOR LEGAL DESCRIPTION, SEE EXHIBITS O'A" AND "8"
ATTACHED HERETO AND MADE A PART HEREOF.
The City of Sanger, a California Municipal Corporation
Tim Chapa, City Manager Date
137
ACKNOWLEDGMENT
A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, or val of that document.
State of California
County of
on
-before
me,
(insert name and title of the officer)
personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiflT under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WTNESS my hand and officialseal.
Signature (Seal)
138
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of Sanger, grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the foregoing Grant Deed dated 2022 from and consents to the
recordation thereof.
ln \Mtness \Mereof, I have hereunto set my hand this _ of
CITY OF SANGER
Rebeca Ramirez, City Clerk
2022
139
EXHIBIT "A"
LEGAL DESCRIPTION
Muscat Avenue Dedication for Public Street Purposes
All that portion of Parcel C of Parcel Map No. 83-2 recorded in Book 41 of Parcel Maps at Page 85, Fresno County Records, in the City of Sanger, County of Fresno, California more particularly described as follows:
Commencing at the southwest corner of said Parcel C, said point being 66.76 feet east of the West Quarter Corner of Section 26, Township 14 South, Range 22 East, Mount Diablo Base and Meridian, thence North 89"46'45" East along the south line of said Parcel C a distance of 15.15 feet, to the TRUE
POINT OF BEGINNING,
thence North 89"46'45" East, continuing along said south line, a distance of t,232.7Ifeet to a point of curve to the left having a radius of 559.00 feet and a central angle of 20"27'79"; thence easterly along the arc a distance of 199.57 feet; thence North 59"19'26" East, a distance of 100.00 feet to a point of curve to the right having a radius of 44L.0O feet and a central angle of 03"59'25";
thence easterly along the arc a distance of 30.71feet, to the east line of said Parcel C; thence North 09'19'00" West along said west line, a distance of 1.10 feet, to the northeast corner of said ParcelC;
thence South 89'46'45" West along the north line of said Parcel C, a distance of 1,,539.37 feet to a point on the west right-of-way line for Academy Avenue;
thence South 07'45'21" West along the west right of way line of Academy Avenue, being a line 15.00 feet parallel to and 15.00 feet east of the west line of said Parcel C, a distance of 8L.79 feet to the POINT OF BEGINNING.
Containing 115,768 square feet or 2.66 acres, more or less No. 8204
D
\
140
LEGEND
vtEsT 1/4 COR. SEC. 26
14/22
AREA TO BE DEDICATED FOR PUBLIC
STREET PURPOSES.
AREA : 115,768 S.F. (2.66 AC) I
P.O.C.
sw coR
PARCEL C
N89'46'45"E 66.76' EXIS]ING SECTION LINL21"W 81,79'
-N89?6'45"E 15. t5' EXIST]NG ROAD CENTERLINE4
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LINE
EXISTING RIGHT_OF_WAY LINEs7'45'21"W 81.79'
RIGHT-OF- F.C.R FRESNO COUNTY RECORDS
P.O.C POINT OF COMMENCING
T.P.O.B TRUE POINT OF BEGINNING
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PARCEL C
PARCEL MAP NO. 83_2
8K41, PG 85, OF PM,
F.C.R. BASIS OF BEARINGS:i-io
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=
THE SOUTH LINE OF PARCEL C OF PARCEL MAP
NO. 8J-2, RECORDED IN BOOK 41 OF PARCEL
MAPS, AT PAGE 85, FRESNO COUNTY RECORDS.
TAKEN TO BEAR: N89'45'45"E.
(o
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Or
6 a PARCEL B
PARCEL MAP NO. 83-2
BK 41, PG 85, OF PM,
F.C.R.
NORTHEAST
CORNER OF
PARCEL C
I' oo"w 10'
N9'1
A:20'27'19"
R:559.00'
L=199.57'
DETAIL A
SCALE: 1" = 1O'
SCALE: 1" : 120'
SEE "DETA'L A"N69'19'26"E 100.00
AST CORNER 0 60' 120' 240'
OF PARCEL C
.
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A:3'59'25"
R:441.OO'
L=3O.71'
-N919'00"W 82.03'
SOUTH
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No. 8204
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,ENliz''-**J
YarnabE t HornEngineerlng, Inc.
C,Y,I ENC,NEER' . IAND SURVEYORS
2965 N.8URL AVENUESUITE 1OI FRESNO, CA93727
TEL: (5591 2e3123 WEBSITE: YANOHENGR.COM
PROJECT TITLE
MUSCAT AVENUE STREET DEDICATION
Dale: 0310312022
Scale: As Noted
YH Job No. 21-288
Sheet No. I
of 1 Sheets
SHEET DESCRIPTION
EXHIBIT B
Plot By: Jose Ambriz Plot Date: 3/3/2022 File Lo€tion: F:U021u1-288\dwg\Exhibits\Easement Diagramsul-288_DED.dwg 141
For the Meeting of:
Agenda Item No.:
CrrY oF SINGER
RE.PORT TO THE, CITY COUNCIL
March 77,2022
H-n
To:
From:
Subject:
Mayor and City Council
David Brletic, Community Development Director
Consultant Services Agreement with 4 Creeks, Inc. Regarding Environmental Analysis for Proposed Residential Development
Attachments: 1) Location Map
2) City Council ResolutionNo. 2o>>-l o
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
Council by motion adopt resolution approving consultant services agreement between the City of Sanger and 4 Creeks Inc., relating to the North and Greenwood Residential Project and authoizethe City Manager to execute on behalf of the City.
EXECUTIVE SUMMARY:
Approval of the proposed agreement will allow City to complete the environmental analysis required for the North and Greenwood Residential Project. Funding for the proposed agreement will be secured through a reimbursement agreement from developer.
BACKGROUND:
The City of Sanger received a request from San Joaquin Valley Homes and 4 Creeks, Inc. to conduct environmental review on 108+ acres located on the south side of North St. approximately between Bethel Ave. and George Ave. and west of Greenwood from City limits south approximately 1,200 feet (See Exhibit A of Indemnification agreement). Proposed actions include a General Plan Amendment, Zone Chatge, Tentative Subdivision Map, and a Development Agreement. The project site is ultimately proposed to be developed with a residential subdivision. See Attachment 1 Location Map Prepared by:
REVIEW: City Finance:
Approved by: 0rr^) +,ho
cityAttotney' llr.-
TYPE OF ITEM:
X
-L-
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Othet
Continued to:
142
The proposed development is considered to be a "project" under the California Environmental Quality Act (CEQA) and must be evaluated for its environmental impacts. CEQA requires public agencies to evaluate the potential environmental effects of development projects and actions that may impact the environment. 4 Creeks, Inc. has worked with Sanger's Planning Consultants on other similar projects requiring CEQA analysis and has the ability to provide such services
REASON FOR RECOMMENDATION: Approval ensures the City can conduct the CEQA analysis for the Project as required by law. City does not have staffing to conduct such analysis.
FISCAL IMPACT: No costto City as City will be reimbursed by developer.
ALTERNATIVES:
143
ATTACHMENT 1
LOCATION MAP
l-o(')
OJ
!f.o
=
144
RESOLUTTON NO. 2022-20
RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF'SANGER APPROVING CONSULTANT SERVICES AGREEMENT WITH 4 CREEKS,INC. RELATING TO
TENTATIVE TRACT MAP
WHEREAS, the City of Sanger received Tentative Tract Map _ application to develop a 108+ acre site on the south side of North Avenue, west of Greenwood Avenue; and WHEREAS; staff has determined that a professional consultant will be needed to conduct the review required by the Califomia Environmental and Quality Act (CEQA) and to supplement staff s work for the proposed project, and
WHEREAS, 4 Creeks, Inc. has worked with Sanger's Planning Consultants on other similar projects requiring CEQA analysis and has the ability to provide such services.
WHEREAS, all contract work will be additionally consistent with all requirements of the City of Sanger.
NOW, therefore, the City Council of the City of Sanger does hereby find, determine and resolve as follows:
I . Staff has reviewed the firm's experience, staffing and history of successful environmental expertise.
2. Staff has determined that 4 Creeks, Inc. would be very qualified to serve the City based on the following criteria: (i) 4 Creeks, Inc.'s strategies proposed scope of work and (ii) Firm has performed similar work for City and the work has been timely and satisfactory.
3. The Consultant Services Agreement with 4 Creeks, Inc. which is attached as Exhibit A and incorporated by reference is approved.
4. The City Manager andlor designee is hereby authorized to execute the Agreement.
The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the ITth day of March2022 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rebeca P. Ramirez
City Clerk
145
EXHIBIT A TO RESOLUTION
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OFSANGER,
CALIFORNIA AND
4 CREEKS,INC. RELATING TO TENTATIVE TRACT MAP
THIS AGREEMENT is made and entered into effective on ("Effective Date"), by and between the City of Sanger, a California municipal corporation (hereinafter referred to as "City"), and 4 Creeks, Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City has received necessary applications from San Joaquin Valley Homes ("Applicant") for Tract Map _ for residential use development of a project located in the City of Sanger on the south side of North Avenue, west of Greenwood Avenue ("Project"); and WHEREAS, the Project consists of residential development, and includes a request for a General Plan Amendment, Zone change, Tentative Subdivision Map and a Development Agreement to the City; and
WHEREAS, the City has determined that a Califomia Environmental and Quality Act (CEQA) analysis is required for the Project; and
WHEREAS, Applicant has agreed to pay for Consultant's fees; and WHEREAS, Consultant represents that it is professionally and legally capable of performing the services called for by this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scope of Services. Consultant shall perform to the satisfaction of City the services described in the scope of work described in Exhibit A-1 and incorporated herein by reference, including all work incidental to, or necessary to perform, such services even though not specifically described in the scope of work. Consultant shall work solely under the general direction of the Community Development Director David Brletic and Contract Planners Karl Schoettler and Tristan Suire in the preparation of the deliverables.
2. Term of Agreement and Time for Performance. This Agreement shall be effective from the Effective Date first set forth above and shall continue in full force and effect through the complete rendition of the services hereunder, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in paragraph I are to commence upon City's issuance of a Notice to Proceed and shall be undertaken and completed in a sequence assuring expeditious completion but not later than, 2022.
3. Authority and Reeulation of Communications. City shall have final authority to approve the scope of work. -The City shall coordinate all direct communication between Consultant and Applicant to obtain project information and/or make public presentations related to this Agreement. All documents or 146
materials that Consultant prepares or obtains pursuant to this Agreement shall be the property of the City
4. Compensation. City shall pay to Consultant for all work required under this Agreement as set forth in Exhibit A-1 attached hereto and incorporated by reference. As a condition to this Agreement, City and Applicant shall have executed a separate agreement regarding such costs. Under that Agreement, Applicant will deposit the amount set forth in Exhibit A-1 plus a l0%o contingency amount.
Any amount not used shall be returned to the Applicant.
5. Termination.
(a) This Agreement shall terminate upon completion of the Scope of Services, or by mutual agreement or it may be terminated by City with fifteen days' written notice. (b) Immediately upon any termination or expiration of this Agreement, Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all properties and materials in the possession of Consultant that are owned by City.
6. Confidential Information. Except as provided for in this section, any reports, information, or other data prepared or assembled by Consultant pursuant to this Agreement shall not be made available to any individual or orgarization by Consultant without the prior written approval of the City Manager or his designee; unless required by law.
Consultant will provide copies of administrative draft documents to Applicant concurrently with submittal to the City under the scope of work. Applicant's review comments on the administrative documents shall be submitted only to the City, within time frames established by the City and shall be forwarded to the Consultant for consideration as the City deems appropriate.
7. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Consultant represents to City that Consultant is skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Consultant to do and perform such services in a skillful manner and Consultant agrees to thus perform the services. Therefore, acceptance of such services by City shall not operate as a release of Consultant from said professional standards.
8. Indemnification. Consultant shall defend, indemni&, and hold harmless the City and its principals, directors, officers, and employees from and against claims, loss, liability, suit, and damages, including attorneys' fees to the extent caused by Consultant's negligent acts, effors or omissions, or willful misconduct.
9. Insurance. Consultant shall procure the following required insurance Coverages at its sole cost and expense and maintain in full force and effect for the period covered by this Agreement such insurance claims for injuries to persons or damages to property which may arise from or in connection with negligent acts, errors or omissions in performance of work hereunder by the Consultant, his agents, representatives, employees, or subcontractors.
(a) Minimum Scope and Limits of Insurance.
(1) Coverage shall be at least as broad as:
147
t. Errors and Omissions Insurance. Not less than $1,000,000 claim and $1,000,000 in the aggregate during the performance of this Agreement. The Consultant agrees to purchase and maintain claims made, errors and omissions coverage providing coverage for a minimum of two years after the completion of this contract.
ii. General Liabilitv Insurance. Insurance Service Office form number GLS 0002 (Ed. Il73), or its equivalent, covering Commercial General Liability and Insurance Services Ofhce form GL 0404, or its equivalent, covering Broad Form Commercial General Liability coverage ("occurrence" from CG 0001) not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. iii. Automobile Liability Insurance. Insurance Service Office form number CA 0001 (Ed. ll78),or its equivalent, covering Automobile Liability, code I "any auto" and endorsement CA 0025, or its equivalent, not less than $1,000,000 combined single limit per accident for bodily injury and property damage. iv. Worker's Compensation and Employers' Liability Insurance. Workers Compensation Insurance limits as required by Labor Code of the State of Califomia; Employers' Liability Insurance limits of $1,000,000 per accident. (b) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved in writing by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (c) Other Insurance Provisions
(1) General Liability and Automobile Liability Coverages The City, its officers, officials, and employees are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protections afforded to the City, its officers, officials, or employees. ll The Consultants' insurance coverage shall be primary insurance as respects the City, its officers, officials, and employees. Any insurance or self- insurance maintained by the City, its officers, offrcials, or employees shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, or employees. 148
iv. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(2) Workers Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Consultant for the City. (3) All Coverages. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage, or in limits except after thirty (30) days' prior written notice has been given to the City.
(d) Acceptability of Insurers
(l) Insurance is to be placed with insurers with a Best's rating of no less than A:VIL However, the minimum Best's rating required of the professional liability insurer is A:V. (2) Any changes in insurance required herein must be approved in writing by the City Attorney's office
(3)
of a "Notice to Proceed."
The Consultant shall provide certificates of said insurance prior to issuance
10. Conflict of Interest and Non-Solicitation.
(a) Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Govemment Code Section 1090 et. seq., the California Political Reform Act (California Govemment Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). (b) In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 10 in each subcontract and require its subcontractors to comply therewith.
11. General Terms
(a) Records of Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Consultant 149
pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time.
(b) Prior to execution of this Agreement by City and Applicant, Consultant shall have provided evidence to City and Applicant that Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, Consultant shall require each subcontractor to provide evidence to City and Applicant that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Consultant agrees as follows:
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, Consultant is acting solely as an independent contractor. Neither Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Consultant shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verifu that Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Consultant and City. Consultant shall have no authority to bind City absent City's express written consent. Except to the extent otherwise provided in this Agreement, Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benehts available to City employees. Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Consultant shall be solely responsible, indemnif, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Consultant may be providing services to others unrelated to City or to this Agreement.
14. Notices. Any notice required or intended to be given to any party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile to the facsimile number identified herein followed by transmission by United States registered or certified mail, with postage prepaid, return receipt requested, or by overnight delivery via a nationally or regionally recognized courier with confirmation of receipt, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the 150
parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufhciently served or given at the time of the mailing thereof.
15. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit ol all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
16. Assignment. This Agreement is personal to Consultant and there shall be no assignment by Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee.
17 . Complianse With Law. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modiff or add to the interpretation or meaning of the provisions of this Agreement,
21. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Intemretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If any party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made apart of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. 151
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modifu the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by City and Consultant.
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, Califomia, the day and year first above written.
CITY OF SANGER CONSULTANT:
4 Creeks, Inc.
By By:
Tim Chapa
City Manager Name:
Title:
APPROVED AS TO FORM
Hilda Cantri Montoy
City Attorney
Attachments:
1. Exhibit A-1 - Scope of Work and Compensation
152
EXHIBIT A.1 TO AGREEMENT
SCOPE OF WORK AND COMPENSATION
Project Understanding
The Project Applicant is proposing to develop up to a residential development in Sanger, CA. The development will require a General Plan Amendment, a change inZone District, and processing of Vesting Tentative Tract Map No.
CEQA Compliance
It is anticipated that this Project will require an Initial Study / Mitigated Negative Declaration (IS/MND) under CEQA and this scope of work is based on this level of environmental documentation. To support the IS/MND, the Project Applicant will be preparing technical studies (under contract with the Applicant, not apart of this agreement) as follows:
a. Biological habitat assessment: Soar Environmental Consulting, Inc. b. Cultural resources assessment: Taylored Archaeology
c. Traffic impact assessment (TIA): Peters Engineering Group, Inc. d. Acoustical analysis: WJV Acoustics
4 Creeks, Inc. will conduct a peer review of these technical studies to determine adequacy of the information for inclusion in the Project IS/MND. Should 4 Creeks determine that any of the technical studies are inadequate or need additional work/edits, 4 Creeks will provide written comments to the Project Applicant for transmittal to the applicable sub-consultant. See further information in the scope of work herein.
Scope of Work
Task 1- Initial Study (IS)
4 Creeks will prepare the Administrative Draft Initial Study (IS) consistent with the requirements of CEQA, relevant case law, and the specifications of the City of Sanger. The IS will include the following sections:
Introduction
The Introduction chapter will provide the basic, non-technical explanation of the IS, as well as additional information relevant to the reading and understanding of the document.
Project Description
This Chapter will be prepared using the project description. A list of discretionary actions required by the City, other agency approvals required to proceed with implementation ofthe proposed project, and list of responsible and other agencies expected to use the IS in their decision making will also be included.
Graphics
153
Up to three maps will be prepared for the IS.
Environmental Impacts
Impact evaluation criteria or thresholds for determining the significance of impacts will be described for each environmental impact topic. The signif,rcance of project-related impacts will then be determined for each topical area. Impacts found to be less than significant will be described. Potentially signihcant impacts that can be mitigated below the level of signihcance will be identified, and the extent to which those impacts could be mitigated through project alternatives or changes will be demonstrated. Impacts will be quantified to the extent possible. Mitigation measures, if any, will be listed and numbered, and cross- referenced to applicable impacts.
The analysis will cover the20 impact sections identified in the CEQA Guidelines Appendix G Checklist and other required CEQA sections. Technical studies will be incorporated into the IS/\,[ND (see Subtask 1A). Where there is not a technical study being conducted for an Appendix G topic (e.g. water supply), 4 Creeks will conduct the analysis within the body of the IS/MND.
4 Creeks will submit an electronic version of the Administrative Draft Initial Study to the City and anticipates one round of edits on the IS.
Subtask 1A - Peer Review of Technical Studies
To support the IS/MND, the Project Applicant will be preparing technical studies (under a contract with the Applicant, not a part of this agreement) as follows:
e. Biological habitat assessment: Soar Environmental Consulting, Inc. f. Cultural resources assessment: Taylored Archaeology
g. Traffic impact assessment (TIA): Peters Engineering Group, Inc. h. Acoustical analysis: WJV Acoustics
4 Creeks will conduct a peer review of these technical studies to determine adequacy of the information for inclusion in the Project ISA{ND. Should 4 Creeks determine that any of the technical studies are inadequate and/or need additional work/edits, 4 Creeks will provide written comments to the Project Applicant for transmittal to the applicable sub-consultant. 4 Creeks reseryes the right to reject a technical study if it is shown to be inadequate under CEQA.
Task 2 - Mitigated Negative Declaration / Publication
Should the Initial Study determine that a Mitigated Negative Declaration (IvIND) be prepared (all impacts analyzed are less than significant or can be mitigated to a less than significant level,) the Administrative Draft IS/MND will be submitted to the City and any comments will be revised into the document to make it ready for the public review process. 4 Creeks will assist the City with publishing all documents and notices relative to the 30-day public review process in accordance with CEQA. This includes the State Clearinghouse Package, (15 electronic copies, summary forms and Notice of Completion).
Although no controversy or opposition is anticipated, in the event that comment letters are received during the public review process, 4 Creeks will provide written responses to those comments, as 154
directed by the City. Additional research and analysis will be undertaken by 4 Creeks as necessary to effectively respond to comments. This scope of work assumes that this task will not require more than 6 hours of staff time.
Compensation
The above-described services will be conducted on a fixed fee basis as identified below and billed as a percentage of completed work on a monthly basis.
Task Description Fee
I Initial Study/ Mitisated Negative Declaration $14,500 $23,9302 Technical Studies
Total Fees: $38,430
*with assumptions in Task 2
Schedule
The schedule below is conceptual in nature and is based on receiving a notice to proceed. However, there are significant variables outside our control involved with the proposed project that may affect overall timing (for instance, acquisition of technical studies, City review time, etc.) authorization
l-2 Draft IS/MND submitted to City
City review of IS/VIND
30-day public review
(aitrr orlnnfinn
9*
l0-1 1
12-t6
TRT-T
1A Peer Review of Technical Studies 2-9*
+Assumes g! technical studies are submitted to 4 Creeks within 8 weeks and that the technical studies are adequatefor inclusion in the CEQA document.
155
For the Meeting of: March 77,2022
AgendaItemNo.: V-tg
CrrYoF SINGER
REPORTTO THE, CITY COUNCIL
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Greg Tarascou, Fire Chief
Budget Amendment for Wildland Protection Grant
Resolution No.3o ll-f f
Exhibit'oA" Budget Amendment
CONF'LICT INTEREST:
None known.
RECOMMENDATION:
That the City Council approve Resolution No.?ell_-a( authorizing the budget amendment in the amount of $333,333 due to a grant award from the California State Budget Act.
EXECUTIVE SUMMARY:
During the FY 2l-22 State of California budget development, Senator Melissa Hurtado was able to add in approximately $1,000,000 for the Cities of Sanger, Woodlake and Lindsay to be split evenly for the purposes of addressing wildfire risk and impacts to these communities.
BACKGROUND:
Every year in California devastating wildfires within the wildland/urban interface (WUD cause millions of dollars in damage in lost property and structures to thousands of residents in the State. The City of Sanger is no exception, where our wildland/urban interface risk is greatest on the east side of the City limits against the County border. Additionally, as part of the California Master Mutual Aid Agreement, the City responds to these WUI fires within Fresno County and all over the State of California in an effort to help mitigate the impacts of these fires. Through Senator Hurtado's office, funding to address these impacts was set aside in the State budget for the City. These funds are currently available to be Ptepared by: Greo Tatascou Approved by:
REVIEW: Ciry Manager: _ Finance: city Attorne y, ,1ty^- TYPE OF ITEM:
x
x
Consent
Info Item
Action Item
Department Repot
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Othet
Continued to:
156
received through the California Office of Emergency Services.
The Fire Department is currently evaluating potential projects that could be implemented as a result of this funding. As this funding ties directly into an effort to mitigate the risks associated with wildland fires, this funding could be utilized for equipment such as a new wildland-type fire engine, wildland equipment and personal protective equipment or training and educational programs.
REASON FOR RECOMMENDATION:
This grant award is non-matching, therefore progftrms and projects that are funded by this grant will not affect this current budget.
FISCAL IMPACT
This grant will fund $333,333 for the purposes of addressing wildfire risk and impacts.
ALTERNATIVES:
Do not accept the grant in which case the City will see altemative funding sources for this type of program.
ACTIONS FOLLOWING APPROVAL:
Upon approval the grant award will be allocated to the appropriate expense account. \\nasl\shared\Forms & Templates
157
RESOLUTION No.Ze)) -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A 2021-2022 FISCAL YEAR BUDGET AMENDMENT FOR THE ACCEPTANCE OF GRANT AWARDS FROM THE STATE BUDGET ACT OF 2022
WHEREAS, the City of Sanger Annual Budget requires amendments to adjust the estimated revenues and appropriations to reflect the City's financial plan; and WHEREAS, the annual budget contains the estimated revenues and appropriations necessary to implement the City Council's policies, goal and objectives; and WHEREAT during the fiscal year the City was notified that through Senator Hurtado's office, an allocation from the State Budget Act in the amount of $333,333 was awarded to the City for the purposes of addressing wildfire risk and impacts to our community; and WHEREAT the City Council of the City of Sanger does hereby find that it would be in the best interest of the City to revise the estimated revenues and appropriations; and WHEREAS, a budget amendment accepting funds in the amount of $333,333 is necessary to implement a future project to address wildfire risks and impacts for the Fire Department, and
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sanger that the Annual Budget be amended as set forth in Exhibit " A" for Revenue Adjustments and for Appropriation Adjustments which are attached hereto and incorporated herein by reference and are hereby approved, and the Administrative Services Director is hereby authorized and directed to record the appropriate accounting entries. rt * * * * ri ri * ri ri rT )t * * * rt rt
I hereby certify that the foregoing was duly passed and adopted by the City Council of the City of Sanger, Fresno County, State of Califomia, at its regular meeting thereof held on March 17,2022by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members:
Council Members:
Council Members:
Council Members:
Rebeca P. Ramirez, City Clerk
158
EXHIBIT A
City of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Gouncil
Accounting Use Only
B u dget Acli ustment N um ber :
Resolution Number: 2022-21
Date:
Reason for change in appropriation:
ourDoses of mitidatino wildland
Addition of fundino from the State BudEet Act for the
3t9t2022
risks and imnactc-
Estimated Additional
Estimated Revenues Available:
riations:
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
Object
No.
Appropriation
Amount
280 050 101 333,333.00$
f otal Requested Appropriation 333,333.00$
Cuftenl 2021 -2022 Aoorooriation :
Adiusted Total Aoorooriation: 333,333.00$
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
Object
No.
Est. Revenue
Amount
280 050 101 4329 $ 333,333.00
Total Estimated Additional Revenue: S 333.333.00
Current 2020-2021 Estimated Revenue:
Adiusted Total Estimated Revenue: $ 333.333.00
DirectoCs Signature
Finance Director's Signature
Date:
\\nasl \shared\Forms Templates
Date:
159
Fot the Meeting of:
Agenda Item No.:
March 77,2022
l-l -t+
CrrYoF SINGER
Rtr,PORT TO THE, CITY COIJNCIL
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Tim Chapa, City Manager
2022Q2 Quarterly Allocation to Grant Recipients
None
CONFLICT OF INTEREST:
None known.
RECO TION:
That the City Council authorize the2022Q2 quarterly allocation to Boys & Girls Club in the amount of $18,500, and to SAM Academy in the amount of $19,000.
EXECUTIVE SUMMARY:
The Grantees are to present on progress and plans for the coming quarter to the City Council in the last month of each calendar quarter in order to qualifu for the next allocation. The Citizen's Oversight Committee ("COC") regular meeting of March l, 2022, was cancelled due to a lack of quorum. Thus, the Grantees did not present to the COC. However, the Grantees will present to Council at the March 17,2022 City Council meeting.
DISCUSSION:
llthat is required?
Grant Recipients are required to make quarterly presentations to the Citizen Oversight Committee and to the City Council in order to remain eligible for quarterly allocations. These presentations focus on the grantee's success in achieving the objectives of the grant program.
Prepared by: Approved by:
REVIEW: City Manager: t Finance: City Attorney:
TYPE OF ITEM:
)0 Consent
Informational Item
_X-- Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
160
SAM Academy & Boys & Girls Club of Fresno County have been operating and are eligible for grant allocations. If the COC recommends and if the City Council finds both grantees in compliance with the objectives of the program, then Staff will distribute the quarterly allocation for 2022Q2,which covers April - June 2022.
REASON FOR RECOMMENDATION:
This is the final quarterly step in ensuring compliance with the Measure S program and is the final criterion for the grantees to receive the next allocation of grant funding. The process included a recommendation from the COC; in this case the COC did not recommend payment to SAM Academy.
FISCAL IMPACT:
SAM Academy's quarterly allocation is $19,000.00
Boys & Girls Club quarterly allocation is $18,500.00
COUNCIL OPTIONS:
Option 1: Authorize the allocations as identified above.
Option 2: Do not authorize the allocations as identified above and provide further direction to Staff.
ACTIONS FOLLOWING APPROVAL:
City staffwill proceed in accordance with Council's direction. 161
For the Meeting of: March 17,2022
Agenda Item No.: .f _ I
CtrY oF SINGER * I
REPORTTO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and City Council Members
Joshua Rogers, City Engineer
City Water System Update
Attachments:
1. Resolution No. 2021-58
CONF'LICT OF INTEREST:
None known.
RECOMMENDATION:
This is an informational item.
EXECUTIVE SUMMARY:
On September2,202I, the Sanger City Council adopted ResolutionNo.2021-58, declaring a Municipal Water Emergency in response to declines in the water system capacity due to multiple factors including extended drought conditions and lowering groundwater levels, well age and production loss and operational issues. This staff report is meant to provide an update to the conditions and Staff s ongoing efforts at implementing water system improvements.
BACKGROUND:
When the emergency declaration (Resolution No. 2021-58, attached) was declared last year, Staff presented information on a proposed multi-pronged approach to improve the water system over time. The plan included the following:
o Existing Well Rehabs;
o Construct Improvements at Well l6;
Preoared bv: Tosh Rooers Apptoved by:
REVIEW: Citv Manaser: Finance: ttorney: Jdt""-
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION -Je
x-
Consent
Info Item
Action Item
Depaftment Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
162
o Construction of a City-funded Well (which has since been identified as Well No. 22); o Construction of Well No. 19;
o Construction of Well No. 28;
If all of the above efforts were successful, it is expected that the capacity of the water system could be increased by as much as 4000-5000 gallons per minute (gpm). This would both remedy the existing water capacity concerns and provide supplemental capacity for near-term future growth. The staff report noted that the Well 19 and Well 28 projects would likely be tied to outside funding with longer timelines attached, and that is why Staff planned to move ahead as quickly as possible on the first three items listed above, all of which are within the City's funding and control.
Staff s report tonight is meant to provide the following update on the water system efforts since the adoption of the emergency resolution:
a Existing Well Rehabs: Work at Well 2A at Greenwood Park commenced in late December 2021 with a disassembling of the well, removal of the pump and motor, and preliminary investigations of its condition. A well video inspection was recorded and provided to the hydrogeologist consultant. A recommendation for well rehabilitation plan was provided back to the City in the last week of February. The well contractor, Zim Industries, expects to complete rehabilitation efforts by May 2022 and bring the well back online. It is not yet known what improvements in well production will be achieved.
Construct Improvements at Well 16: The first order of operation on this project (located at the southwest corner of 8th Street and Quality Avenue) was to determine the electrical needs and to get a service application submitted to PG&E as their processing, review and contracting timelines are the critical path for the project. This effort began in the first week of October 2021. The service application was accepted by PG&E as of late February 2022. Staff has continued to work on a design-build approach for the improvements, working primarily with Telstar Instruments, the contractor who provides SCADA programming/integration and ongoing electrical contracting services to the City at all of its well sites. Long-lead materials like electrical panelboards and equipment have been reserved from suppliers to ensure their availability within the next 2-3 months. It is expected that Telstar will perform all work at the site to get the well up and running, with the exception of the installation of the well pump, column and the work inside the well shaft, which will be procured from a specialty well contractor. At this time, it is expected that the well site work will be completed and the well brought online by June 30,2022. This assumes that PG&E will have completed their work by this time. City staff will utilize its municipal liaison contacts with PG&E to ensure that they understand the time-sensitivity of this project and expedite its completion to the best of their ability. While the completed well will likely only yield approximately 400-500 gpm, which is approximately Il3 of its originally expected production, any added production will be a benefit to the system.
Construction of Well No. 22: At the time of the emergency declaration, there were multiple sites being considered for the next City well site. Staff had discussions with multiple property owners in an area considered as optimal based on hydrogeologist review and feasibility analysis. Several of these property owners either declined the City's request to consider a property purchase for a a
a
163
new well site, or placed additional conditions on the consideration which made the timing problematic. One property owner, Kanagawa Citrus Co., agreed in principle to sell the property needed for a new well site within a larger property formally home to Sanger Nursery on Jensen Avenue approximately Y+ mile west of Bethel Avenue. The informal agreement was reached in late September of 2021. The wrinkle with the proposed acquisition however, was that the Kanagawa family was in the process of selling the entire 4-rl- acre property to a developer, and they were ultimately unable to process both property sales concurrently. City staff was directed to contact the purchaser of the property, Surf Thru, Inc., to discuss the City's request to purchase.
The representatives of Surf Thru, Inc., a national drive-through car wash company, have been very responsive to the City's needs and both parties have agreed in principle to a property purchase agreement, which is expected to go before the City Council in April 2022.
In the meantime, Staff has performed boundary and topographic surveying of the property and is updating the site plan. The next steps on this project are completing the Site Plan Review and Environmental work on the project and the drilling and sampling of a test well. At this point, the well is projected to be completed and online by the end of calendar year 2023.
Construction of Well No. 19: Staff submitted a general application for funding consideration of this well site, located along Greenwood Avenue approximately % mile south of North Avenue, back in Summer of 2021. The timing of that application made the project eligible for consideration of grant or zero-interest loan funding as an incentive to the City's agreement to extend water service to Tombstone Territory. Since the general application was submitted, Staff has been working in conjunction with Self-Help Enterprises on progressing towards a complete funding application package for the project. This application includes the following information and documents:
o Preliminary Engineering Report (PER)
o Environmental Document and Package
o 30% Plans, Specifications and Estimates (PS&E)
o Financial Package
o Technical Package
o EnvironmentalPackage
The PER was completed by Staff and submitted to the State Water Resources Control Board (Water Board) at the end of 2021. On March 4,2022, comments were provided back to Staff which indicate the State's support of the project and their recognized need of additional water capacity to support both the City and Tombstone. Additional datawas requested to be provided to consider the PER complete, and this data has since been gathered by Staff and will be incorporated in an updated PER and sent to the Water Board by end of month. In the meantime, the Environmental (CEQA) review is underway and the Initial Study document is expected to be provided by the consultant to the City for review within the month of March. 30% PS&E preparation is also underway. The completed funding package will be submitted to the State before the end ofthe fiscal year.
164
a
On a parallel track, City staff has coordinated with a property owner/developer (DR Horton) for purchase of the proposed well site, which is planned for location within Tract 6327, Phase II of Tract 5826. It is expected thal a property purchase agreement will be brought to the Council in April2022. Following site acquisition, Staff would move forward with the drilling of the test well. Because of the additional requirements imposed by outside funding, Well 19 is currently projected to be completed and online by Spring 2024.
Construction of Well No. 28: This well is planned to accommodate future development within the North Academy Corridor. This well was included in a funding application to the Economic Development Administration (EDA) which is still under review.
In summary, Staff is working on multiple fronts to make needed water system improvements, and will be bringing items before Council as they develop, and to provide periodic updates moving forward.
REASON FOR RECOMMENDATION:
No recommendation. This is an informational item.
F'ISCAL IMPACT:
No fiscal impact. This is an informational item.
ALTERNATIVES:
No alternatives. This is an informational item.
ACTIONS FOLLOWING APPROVAL:
No approval. This is an informational item.
165
ATTACHMENT 1
166
RESOLUTION NO. 2021. 5 Y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING THE DECLARATION OF MUNICIPAL WATER SYSTEM
EMERGENCY ISSUED BY CITY MANAGER INCLUDING THE
ORDERING OF' EMERGENCY WORK, DIRECTING STAFF TO
EXPEDITE THE DESIGN AND CONSTRUCTION OF CRITICAL
WATER IMPROVEMENTS, AND AUTHORIZING STAFF' TO
CONTRACT FOR EQUIPMENT AND SERVICES FOR EMERGENCY
REPAIRS AND IMPROVEMENTS ON THE CITY'S MUNICIPAL
WATER SYSTEM WITHOUT NOTICES F'OR BIDS, AND TO MAKE
EXPENDITURES FOR REPAIRS AND IMPROVEMENTS
WHEREAS' the City Council has met on September2,2\2l, in public session at a regular meeting pursuant to a duly noticed meeting; and
WHEREAS, the City of Sanger operates a Municipal Water System; and WHEREAS, the City is subject to public bidding requirements under the Public Contract Code Sections20162 and22032 and Chapter 2, Article V, Division 2 of the Sanger City Code; and
WHEREAS, as authorizedby Public Contract Code Section 20168 and22050 (a)(1), the City Council as the legislative body of the City may award contracts without competitive bidding if it makes required finding by resolution that an emergency exists that requires the immediate expenditure of city funds to safeguard life, health, property, or essential public services; and WHEREAS, under Public Contract Code Section 22050 (bxl), thc City Council may delegate by resolution or ordinance to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to Public Contract Code Section (a) (1); and
WHEREAS, the City Council has pursuant to Sanger City Code Section}-2l|delegated its authority to the City Manager to order emergency work and proceed without plans, specifications, ornotice for bids to award contracts governing the purchase of supplies, equipment, and contractual services; and
WHEREAS, Sanger City Code Section 2-214 provides for procurement without competitive bidding for emergency purchases and contracts for supplies, materials, equipment and services when the purchase is required for health, safety, or welfarc of the public, or for the protection of property if there is a present, immediate, and existing emergency, and if such emergency procurements shall be made with such solicitation of competitive pricing as practicable under the circumstances; and
Page I of4
167
WHEREAS, Sanger City Code Section 2-214 states: "The determination that an emergency exists shall be made by the city manager in writing, setting forth the specific facts establishing the emergency."; and
WHEREAS, on the City Manager made a determination as describcd in the Declaration of the City Manager ('oEmergency Declaration") attached as Exhibit A and incorporated by reference that a Municipal Water System Emergency exists in the City of Sanger and requires immediate repairs and construction of improvements to safeguard essential public services which in tum safeguard life and health of City residents; and WHEREAS, under Public Contract Code 22050 (c ) (l), if a person with authority delegated (here, the City Manager) orders any action to repair or replace a public facility, take any immediate action require by the emergency, and procure necessary equipment, services, and supplies without giving notice for bids to award such contracts, the governing body (here, the City Council) "shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to dctermine, by a four-fifths vote, that there is a need to continue the action."; and WHEREAS, thc Emergency Declaration refers to reports from the Public Works Director and the City Engineer determining that the Water System is in need of immediate emergency repairs and improvements including the rehabilitation of existing wells, equipping of existing wells and drilling, developing and improving multiple new wells; and WHEREAS, the repairs necessary are described as follows: Rehabilitation of multiple existing wells, cunently anticipated to include Wells 2A,7Aand 9; and WHEREAS, new construction is required as follows: equipping existing Well 16 with interim or emergency standby improvements and Drilling, Developing and Improving new wells, currently anticipated to include Well 2l or 22 and Well l9 and Well 28;and WHEREAS, at this time the cost of repairs is anticipated to be $200,000 and the cost of new construction is anticipated to be $9,500,000; and
WHEREAS, in accordance with Sanger City Code Section 2-214, the City Manager has provided a detailed Emergency Declaration setting forth the specific facts establishing the emergency, why the emergency does not permit a delay resulting from a competitive solicitation for bids, and why immediate actions are necessary to respond to the emergency associated with the Emergency Declaration and the aforementioned repairs and construction as well as on the costs associated therewith; and
WHEREAS, failure to immediately make the required repairs and construction may result in danger to the health, safety, and welfare of the City's residents and the City's public facilities; and