77 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on 2022, and was passed and adopted at a regular meeting of the City Council held on 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Rebeca Ramirez
City Clerk
Eli Ontiveros, Mayor
City of Sanger
78 For the Meeting of: April21,2022
Agenda Item No.
I-L
CrrYoF SnNGER
Rtr,PORT TO THE CITY COUNCIL
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Becky Ramirez, City ClerM)eputy Personnel Officer
David Brletic, Community Development Director
Senior Code Enforcement Officer Position
Resolution No. )o)z-3o
Job Description
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council adopt Resolution No.2o):-3 o approving a new classification and setting a salary range for a full-time Senior Code Enforcement Officer position.
EXECUTIVE SUMMARY:
Prior to the July 2021, the City's Senior Code Enforcement Officer allocation was for a regular part- time position. The FY 2021-22 budget and schedule of authorized positions, includes an allocation for a regular full-time Senior Code Enforcement Officer. The proposed Resolution implements the already approved budget allocation and authorized position.
BACKGROUND:
The job duties of the full-time Senior Code Enforcement Officer remain the same as the duties of the former part-time position. The only edits to the job description remove specific assignment to the Community Development Department, which allows for potential positions in other departments in the future if necessary.
Prepared by: Becky Ramirez, City Cletk/Deputy Approved by:
Petsonnel Officer and Comm Dev Directot
RJ,VIEW: City Finance: city Attorner,&o
TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Department Repott
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
79 The Senior Code Enforcement Officer will work at the direction of the Department Director. The Senior Code Enforcement Officer will organize the daily activities of the Code Enforcement Division and coordinate efforts with Police, Planning, Building and related departments, legal representatives, and other staffor agencies as needed.
The Senior Code Enforcement Officer will be represented by the General Employees Organization ("GEO"). GEO membership is in agreement with the conversion from part-time to full-time classification and the proposed salary range.
REASON FOR RECOMMENDATION:
In accordance with the City Code, Council is required to approve the addition of new positions to the City's classification plan and to set the salary range for the positions.
FISCAL IMPACT:
The202l-22 FY budget includes funding for a full-time Senior Code Enforcement Officer.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
If approved, staff will conduct recruitment for the new position. \\nas l\shared\Forms & Templates
80 RESoLUTToN No. @Z:3o
A RESOLUTION OF THE CITY COTINCIL OF THE CITY OF SANGER CREATING A
NEW CLASSIFICATION AND ESTABLISHING A SALARY RANGE FOR A FULL-TIME
SENIOR CODE ENFORCEMENT OFFICER POSITION
WHEREAS, Section 46-2 (3) empowers the City Manager to prepare or cause to be prepared position classification plans and revisions subject to approval by the City Council; and WHEREAS, the City Manager has recommended that a new position full-time classification be established for a Senior Code Enforcement Officer as depicted in the proposed job description ("Attachment A");
WHEREAS, the 2021-22 FY budget includes an allocation for a full-time Senior Code Enforcement Offi cer position.
NOW THEREFORE, the City Council of the City of Sanger resolves as follows
1. The foregoing recitals are true and correct.
2. The Senior Code Enforcement Officer job description attached as Attachment A is approved.
3. The following salary range for the Senior Code Enforcement Officer position is approved:
$2,817 $2,958 $3,106 $3,26r s3,424
*. rl€ * * * {€ *. * r$,t * tl. rl. r( * r|( rf
The foregoing Resolution was considered by the City Council of the City of Sanger at a rcgular meeting of said Council held on the 21't day of April2022 and approved by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Rebeca P. Ramirez, City Clerk
81 City of Sanger April2022
SENIOR CODE ENFORCEMENT OFFICER
DEF'INITION
A non-safety position. Under general supervision, plans, coordinates, and personally participates in the fieldoperationoftheCodeEnforcementDivisionand
monitors the tasks assigned to code enforcement officers.
EXAMPLES OF'DUTIES
Performs a variety of field and office work in support of the City's local code enforcement program; enforces compliance with City regulations and ordinances including those pertaining to zoning,land use, nuisance housing, building codes, health and safety, blight, graffiti, water waste, and other matters of public concern.
Patrols assigned area in a City vehicle to identifu and evaluate problem areas and/or ordinance violations; determines proper method to resolve violations.
Participates in the implementation of the City's graffiti abatement program.
Prepares evidence in support of legal actions taken by the City; appears in court as necessary; testifies at hearings and in court proceedings as required.
Conducts field investigations; inspects properties for violations; issues and posts warning notices, notices of violation, corrective notices, orders to comply, and related documentation for code violations; schedules and performs all follow-up functions to gain compliance including letters, inspections, calls, meetings, discussions, and negotiations to ensure compliance with appropriate codes and ordinances; issues citations and notices of violation as necessary.
Maintains accurate documentation and case files on all investigations, inspections, enforcement actions, and otherjob related activities.
Prepares a variety of wriffen reports, memos, and correspondence related to enforcement activities.
Receives and responds to citizen complaints and reports from other agencies and departments on alleged violations of City zoning and related municipal codes and ordinances; interviews complainant and witnesses; conducts investigations and provides recommendations for resolution.
Attends meetings and serves as a resource to other City departments, divisions, the general public, and outside agencies in the enforcement of zoning regulations; provides research and documentation for meetings; interprets and explains municipal codes and ordinances to members of the general public, contractors, business owners, and other interested groups in the field.
Locates vacant residences and businesses; secures buildings with proper materials as necessary; posts the property as necessary; checks vacant buildings regularly for transient activity, graffiti, and other forms of vandalism.
Assists in researching, drafting, and rewriting municipal codes; participates in the development of forms and processes utilized to address various issues.
Coordinates efforts with departments, legal
representatives, and other staffor agencies as needed.
Educate commercial/residential communities regarding municipal code, ordinances and community standards.
Demonstrates a comprehensive knowledge/understanding of applicable codes, ordinances, policies, and work procedures.
Provides general training of new hires.
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82 . Manages the work schedules of the Code Enforcement Division. o Serves as liaison between the Code Enforcement Division and the Department Director. o Prepares and communicates operational equipment and supply needs to the Department Director for review and approval. Perform related duties as required.
DESIRABLE OUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job andlor be learned within a short period of time in order to successfully perform the assigned duties.
Knowledse of:
. Operations, services, and activities of a municipal code compliance program. o Pertinent codes, ordinances, laws, and regulations pertaining to zoning, nuisance abatement, property maintenance, building, health and safety, and related areas. o Procedures involved in the enforcement of codes and regulations including methods and techniques of conducting and documenting field investigations. . City services and organizational structure as they relate to code compliance. r Effective public relations practices.
r Principles and procedures ofrecord keeping.
o Methods and techniques of business coffespondence and technical report preparation. o Modern office procedures, methods, and equipment including computers and supporting word processing and spreadsheet applications.
o Occupational hazards and standard safety practices.
r Geographic features and locations within the local area.
Abilitv to:
o Independently perform a full range of municipal code enforcement and compliance duties. o Interpret and apply applicable codes, ordinances, and regulations related to zoning, nuisance abatement, and health and safety issues.
r Inspect and identif,, violations of applicable codes and ordinances. o Enforce pertinent codes, ordinances, laws, and regulations with impartiality and efficiency. e Respond to inquiries, complaints, and requests for service in a fair, tactful, and firm manner. o Jnvestigate complaints and mediate resolutions in a timely and tactful manner. o Prepare accurate and detailed documentation of investigation findings. o Maintain logs, records, and files.
o Research, compile, and collect data
r Prepare clear and concise technical reports.
r Understand and follow oral and written instructions.
r Communicate clearly and concisely, both orally and in writing. o Establish and maintain effective working relationships with those contacted in the course of work. o Meet and maintain standards of adequate physical endurance and agility. . Apply critical thinking and analysis of cases and general operations. o Prepare written and verbal recommendations for improving efficiencies, effectiveness, and identifi cation of code revisions/modifi cations.
o Define problems, establish facts and draw valid conclusions/resolutions. 2 83
MINIMUM OUALIFICATIONS
Education & Experience
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifuing. A typical way to obtain the knowledge and abilities would be:
Equivalent to completion of the twelfth grade supplemented by specialized training and/or college level coursework in criminal justice, public administration, business adminishation, or other related field.
Two years of work experience involving a high level of public contact including some experience dealing with the public in an enforcement, inspection, investigation, or customer service capacity.
Experience that includes the enforcement of municipal codes is highly desirable.
License
Possession of a valid California driver's license issued by the California Department of Motor Vehicles and a responsible driving record.
Possession of, or ability to obtain, designation of Certified Code Enforcement Officer through the California Association of Code Enforcement Officers (CACEO) within the first twelve (12) months of employment.
PHYSICAL CHARACTERISTICS & WORKING ENVIRONMENT
Sufficient physical ability and mobility to work in an office and field environment; to stand, stoop, reach, bend, kneel, squat, climb ladders; to lift and/or carry light weights.
Indoor and outdoor environment; travel from site to site; incumbents may be exposed to noise, dust, inclement weather conditions, and potentially hostile environments.
Work variable hours, weekdays, and weekends and/or holidays as necessary. a
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84 Fot the Meeting of: April21,2022
CrrY oF S
RE,PORTTO THE, CITY COUNCIL
ANGEi"daItem*"'9-7
To:
From:
Subject:
Mayor and Council Members
John F. Mulligan, Public Works Director
Ratification of Emergency Primary Clarifier #3 Repairo Additional Purchasing Authorityo and Budget Adjustment
Attachments: 1) Quotation
2) Resotution No. 2022- 31 _with Exhibit A-Budget Amendment 3) Emergency Declaration Memo
4) Resolution No. 2022- 5 I Review of Emergency Action and Approval of Emergency Purchase Without Competitive Bidding CONF'LICT OF INTEREST:
None known
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No.2022- 3l reviewing the emergency action taken by the City Manager to make emergency repairs on Primary Clarifier #3 atthe WWTP and approving the award of emergency contract without competitive bidding to Warren and Baerg; and
2. Approve Resolution No. 2022- 3 7 , approving a budget amendment to the Fiscal Year 2021-2022 budget to record the revenue estimation and appropriation of $105,066.00 from the Sewer Fund Balance; and
3. Authorize the City Manager to sign all related documents on behalf of the City.
Ptepared by: Tohn F. Mullisan Approved by:
REVIEW: City Finance: Citv Attornev:
TYPE OF ITEM
X
X
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
Mattet Initiated by a Council Member
Other
Continued to
85 EXECUTIVE SUMMARY:
The City currently operates domestic and an industrial waste water treatment plants at the City's Corporation Yard. Recently Primary Clariher #3 which is part of the domestic treatment process failed.
The clarifier is a critical part of the processing of effluent to meet State required standards. Staff was able to find a manufacturing company that was willing perform the required maintenance and is relatively local out of Dinuba, CA. The proposal includes four different sections that all interactively need to be performed and the total amount is $105,066.00. There is a possibility that once the equipment is taken apartthat additional work may be identified and will be charged on a time and materials basis.
The Sewer Fund has additional funds if it is required.
BACKGROUND:
Recently the Primary Clarifier #3 located at the City's domestic waste water plant failed. The clarifier was de-watered and inspected. The City utilizes Warren Baerg Manufacturing, Inc. to perform monthly treatment equipment checks and contacted them to assist in the inspections. They were able to determine the cause of failure and also recommend immediate emergency repairs and maintenance. The maintenance tasks are as follows:
1) Oil Leak, Clarifier Repair:
2) Sandblasting and Coating:
3) Installation of Small Gear Box :
4) Arm, Skimmer:
Total:
$35,441.00
$34,807.00
$18,938.00
$1s.880.00
$105,066.00
The Primary Clarifier #3 plays an important role in the treatment of domestic effluent. Currently the clarilter is not operating causing increased treatment in other segments of the treatment plant. Time is important in the repair so the City can stay in compliance with the State operating permit. Some of the required maintenance has been performed and some parts have already been ordered to assure timeliness.
Due to the total amount exceeds the City Manager's procurement threshold, the City Council needs review and ratifu the City Manager's emergency declaration and purchasing without cornpetitive actions. This Staff report also authorizes the City Manager to sign all related documents and will require a Purchase Order as well. Finally, there is a City Budget Amendment for the FY 202112022 to appropriate the funds as this was not a budgeted project.
REASON FOR RECOMMENDATION:
The Primary Clarifier #3 is a critical part of the domestic effluent treatment process. Wa:ren and Baerg Manufacturing, Inc. have been performing various maintenance and repair tasks at the City's waste water treatment plant for some time. They are located in Dinuba and can respond quickly to the needs of the facility. Other contractors were contacted and they were too busy or too expensive. One contractor said the sandblasting alone would be nearly $100,000. If this is not addressed in a timely manner, the City could become out of compliance with the State ordered permit to operate. Further failure at the treatment facility could cause additional harm and damage and it was determined that emergency repairs are required. Per Section 2-2I4(d) of the City Municipal Code, the City Manager determined an emergency exists allowing the purchasing agent to make emergency purchases and contracts for supplies, materials, equipment and services without competitive bidding when the purchase or contract for the item is immediately necessary for the continued operation of a department, for the preservation of life and property, when the purchase is required for health, safety or welfare of the public, or for the protection of property; provided, however, that there is a present, immediate and existing emergency; and that such 86 emergency procurements shall be made with such solicitation of competitive pricing as practicable under the circumstances.
FISCAL IMPACT:
The total fiscal impact of the maintenance on the clarifier is $105,066. Once the entire clarifier is disassembled, there may be more repairs to be performed and those additional costs will be billed on a time and material basis. Funds are available in the Sewer Fund to cover this project . 621-070-501-7230.
ALTERNATIVES:
The Primary Clarifier #3 will be out of service until repaired. There is a possibility of non-compliance with the State permit to operate as well.
ACTIONS FOLLOWING APPROVAL:
Staffhas issued purchase orders and issued 50% deposit checks to the contractor and the project is currently underway..
87 ATTACHMENT 1
88 Service, Repair Proposal
For SANGE& CITY 0F
- For Waste Water Facility
- Clarifier #3, Primary
- Iob #t - Oil Leak, Clarifier Repair
March 8, 2022
Warren & Baerg Manufacturing, lnc.
39950 Road 108, Dinuba, California 93618 USA
MANUFACTURING, INC
ffien
89 Service, Repair Proposal
For SANGER, CITY OF
Page l2
ns and Clarifications
Questions and Clarifications
You may contact the following person if you have any questions or require clarification on any topics covered in this Proposal:
Randy Baerg, President
Wendell Spray, VP of Manufacturing
Rosemary Budman, Accounting
Hector Deleon, Production Supervisor
Mary Villarreal, General Project Coordinator
Voice: 559-591-6790
Email: [email protected]
CIJIRIFIER #3 PRIMARY: SCOPE OF WORI(
l. Oil Leak, Clarifier Repair US S 35,441.00
A. Labor and Crane Service,4-6 days
i. Disconnect electricaland prep for catwalk and landing removal ii. Removal of catwalk and landing with crane
iii. Crane with man basket to remove large center gearbox top/cover for inspection for repair of oil leak
iv. Clean up and repair of oil leak as needed
v. Crane to reinstall gearbox top/cover, catwalk and landing vi. Reconnect conduit and wiring
vii. Repair may be a simple repair. Customer will be notified if repalr is simple or more extenslve. lf extensive repalr ts needed of Clarifier/Gearbox we will billTime and Material. Extensive repair of Clarifier/Gearbox is not included in the above total and will be billed separately.
Totals us $35 1.00*
*Totals does not include possible Time and Material for extensive repairs. This will be billed separateln if applicable with approval from the City of Sanger *Price does not include any applicable sales tax.
Warren & Baerg Manufacturing, lnc,
March 8, 2022
slcurrom.r\s s. u\s6E& cfl of\ot.pf,orcs!t\zolt-r!?RtMARy(untf Eh,uo!ff\pnop6ilt otuIAJ(2tGOSdc CONFIDENTIAL 90 Service, Repair Proposal
For SANGER, CITY OF
Page f 3
Terms of Payment
50% - NONREFUNDABTE deposit with purchase order to secure equipment. Receipt of your deposit is your acceptance of this proposal in its entirety.
50%- balance NET30 DAYS
Proposal Acceptance
wE PROPOSE hereby to furnish material and labor, complete in accordance with above specifications, for the sum of: osoccepted
Payments to be made in accordance with terms stated herein. Any sum not paid when due will bear interest at the rate of 10% per annum.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from
above specifications involving extra costs wlll be
executed only upon written orders, and will become an
extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire and
other necessary insurance. Our workers are fully
covered by Workmen's Compensation insurance.
Authorized ,'
Signature
NOTE: This proposal may be withdrawn by us if not
accepted within:
days.
Acceptance of Proposal - The above prices,
specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. ln
the event any action is required to enforce any of the
terms of this agreement the prevailing party will be
entitled to reasonable attorney fees in addition to any other remedies.
Signature
Date of 2'7--3
Warren & Baerg Manufacturing, lnc.
March8,2O22
5lbilom:r\0O5 " IA$KER, ffioflottnorcSA\tol?,rrntMAWchitflr&ZlSd\pROrcgUrotuffil260t d!€ CONFIDENTIAL 91 Service, Repair Proposal
For SANGE& CITY OF
- For Waste Water Facility
- Clarifier #3, Primary
- Iob #2 - Sandblasting & Coating
March8,2022
Warren & Baerg Manufacturing, lnc.
39950 Road 108, Dinuba, California 9361g USA
fi 7^- - f glrg ot
5ol = 11,rlr3-',a
MANUFACTURING, INC.
92 Service, Repair Proposal
For SANGER, CITY OF
Page l2
and Clarifications
Questions and Clarifications
You may contact the following person if you have any questions or require clarification on any topics covered in this Proposal:
Randy Baerg, President
Wendell Spray, VP of Manufacturing
Rosemary Budman, Accounting
Hector Deleon, Production Supervisor
Mary Villarreal, General Project Coordinator
Voice: 559-591-6790
Email: [email protected]
CLARIFIER #3 PRIMARY: SCOPE OF WORK
1. Sandblasting and Coating
A. Sandblasting and Coating of Clarifier
i. This is the center steel structure and rake arm
B. Coating Materials
C. Labor for Sandblasting and Coating
us s 34,807.00
ir Totals US 07.00,r'*Price does not include any applicable sales tax, Terms of Payment
50% - NONREFUNDABLE deposit with purchase order to secure equipment. Receipt of your deposit is your acceptance ofthis proposal in its entirety.
50% - balance NET 30 DAYS
Warren & Baerg Manufacturing, lnc.
March8,2022
rr\c0rromrr\& 3. u\:affiE( ffi odor.pRorc$6uo:}FtilMArvcsRrf rEfz20!og\e Rorc5AU2-5AilO!Nnd6,Z20rfr,dc CONFIDENTIAI 93 Service, Repair Proposal
For SANGER, C|TY OF
Page l3
Proposal Acceptance
WE PRoPosE hereby to furnish material and labor, complete in accordance with above specifications, for the sum oi as accepted
Payments to be made in accordance with terms stated herein. Any sum not paid when due will bear interest at the rate of 10% per annum.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from
above specifications involving extra costs will be
executed only upon written orders, and will become an
extra charge qver and above the estimate. All
agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire and
other necessary insurance. Our workers are fully
covered by Workmen's Compensation insurance.
Authorized ,)
Slgnature (
NOTE: This proposal may be
accepted within:
by us if not
'--i I
days.
Acceptance of Proposal - The above prices,
specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as
specifled. Payment will be made as outlined above. ln
the event any action is required to enforce any of the
terms of this agreement the prevailing party will be
entitled to reasonable attorney fees in addition to any other remedies.
Signature: _
Date of
Lt L>-
Warren & Baerg Manufacturing, lnc.
March8,2A22
t:\onodq\e 5 - u\sailGrff, .lryoAql.pRorc5A6\lolZ.13pRtMAgyChRtfl€f,rzo3fi\p8orcsADt-sat0sfilt9,:zol@ dc CONFIDENTIAL 94 Service, Repair Proposal
For SANGE& CITY OF
- For Waste Water Facility
- Clarifier #3, Primary
- Iob #3 - Small Gearbox
March8,2022
Warren & Baerg Manufacturing, lnc.
39950 Road 108, Dinuba, California 93618 USA
MANUFACTURING, INC.
95 Service, Repair Proposal
For SANGER, CITY OF
Page l2
and Clarifications
Questions and Clarifications
You may contact the following person if you have any questions or require clarification on any topics covered in this Proposal:
Randy Baerg, President
Wendell Spray, VP of Manufacturing
Rosemary Budman, Accounting
Hector DeLeon, P roduction Su pervisor
Mary Villarreal, General Project Coordinator
Voice: 559-591-5790
Email: info@warrenbaerq,com
CLARIFIER #3 PRIMARY: SCOPE oF WORK
1. lnstallation of New, Small Gearbox
Price includes Labor and the following items:
A. Gearbox and drive motor
B, Chain and sprockets
C. Modification of mounting as needed
D. Removalofgearbox
E. Measuring and fit up of gearbox
F. lnstallation of gearbox
us s 18,938.00
ir Totals us$ 938.00*
Price does not include any applicable sales tax.
Terms of Payment
50% - NoNREFUNDABLE deposit with purchase order to secure equipment, Receipt of your deposit is your acceptance ofthis proposal in its entirety.
50% - balance NET 30 DAYS
+
Warren & Baerg Manufacturing, lnc.
March 8,2022
s:\Cuilm.r\@5. U\saKE& Cn of\ot-pnorcsAu\D?2-ripRtMliycuRlftaR2to!@\pnopos^u:.smusssmx 220!q.dn CONFIDENTIAL 96 Servlce, Repair Proposal
For SANGER, CITY OF
Page l3
Proposal Acceptance
WE PROPOSE hereby to furnish material and labor, complete in accordance with above speciflcations, for the sum of: asaccepted
Payments to be made in accordance with terms stated herein. Any sum not paid when due will bear interest at the rate of 10% per annum.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteratlon or deviation from
above specifications involving extra costs will be
executed only upon written orders, and will become an
extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry ffre and
other necessary insurance. Our workers are fully
covered by Workmen's Compensation insurance.
Authorized
Signature;
NOTE: This proposal may be withdrawn by us if not
accepted within:
J:>LI days.
Acceptance of Proposal - The above prices,
specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as
specifled. Payment will be made as outlined above. ln
the event any action is required to enforce any of the
terms of this agreement the prevaillng party will be
entitled to reasonable attorney fees in addition to any other remedies.
Date of
Warren & Baerg Manufacturing, lnc.
March 8, 2022
5:\todonrr\m3- U\$flOtI' Cff Oi\ol.pnOrcJAB\[email protected]!FilMarYc4lltEf,l2Orq\gROtOW!.!MAUGU6X,?:A6 dE CONFIDENTIAT 97 Service, Repair Proposal
FoT SANGER, CITY OF
- For Waste Water Facility
- Clarifier #3, Primary
- Iob #4 - Skimmer Arm
March 8,2022
Warren & Baerg Manufacturing, lnc.
39950 Road L08, Dinuba, California 9361g USA
Ft*l =- t tf, sgu
{o/. = 11'a1o
MANUFACTURING, INC
98 ' Service, Repair proposal
For SANGER, CITY OF
Page l2
and Clarifications
Questions and Clarif!cations
You may contact the following person if you have any questions or require clarification on any topics covered in this Proposal:
Randy Baerg, President
Wendell Spray, Vp of Manufacturing
Rosemary Budman, Accounting
Hector DeLeon, Production Supervisor
Mary Villarreal, General project Coordinator
Voice: 559-591-6790
Email: [email protected]
CTARIFIER #3 PRIMARY: SCOPE OF WORK
1, Arm, Skimrner
A. [aboronlyforSkimmerArm,
i. lnspection
ii. Adjustment for bottom rake sweeps
iii. Removal
iv. lnstallation
B. Crane, l day
c. Repair of Skimmer Arm will be Time and Material and ls not included in the above totaland will be billed separately.
us $ 15,880.00
Service Re us $15Totals 0,00**Totals does not include items forTime and Material for Skimmer Arm. This will be biiled separately.*Price does not include any applicable sales tax.
Terms of Payment
50% - NoNREFUNDABLE deposit with purchase order to secure equipment. Receipt of your deposit is your acceptance of this proposal in its entirety.
50% - balance NET 30 DAYS
Warren & Eaerg Manufacturing, lnc,
March8,2O22
t;\tutom!r\0o s - uFAilcEn, ffi oRor.?f,orcrA[s\.or2-rip'tMmycuilf t(f,2203s\tnogo5^u4sxtMM€utn2r0]6.dft CONFIDENTIAL 99 ' Service, Repair Proposal
For SANGER, CIW OF
Page l3
Proposal Acceptance
wE PR0POSE hereby to furnish material and labor, complete in accordance with above speclfications, for the sum of: os accepted
Payments to be made in accordance wlth terms stated herein. Any sum not paid when due will bear interest at the rate of 10% per annum.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices, Any alteration or deviation from
above specifications involving extra costs will be
executed only upon written orders, and wili become an
extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire and
other necessary insurance. Our workers are fully
covered by Workmen's Compensation insurance.
Authorlzed
Signature:
NOTE: This proposal may be withdrawn by us if not
accepted within:
dc-; days.
Acceptance of Proposal - The above prices,
specifications and conditions are satisfactory and are
hereby accepted. You are authorlzed to do the work as
specified. Payment will be made as outlined above. ln
the event any action is required to enforce any of the
terms of this agreement the prevailing party will be
entitled to reasonable attorney fees in addition to any other remedies.
Date of
Warren & Baerg Manufacturing, lnc.
March 8,2A22
r;\oftm.r\m l - u\taflcE& cry on0LpRoposAs\toz2.rtpnruARVCUfljflE*220!0\p8Op0su4.5ilMMtmRM,2ro30.dd CONFIDENTIAL 100
ATTACHMENT 2
101
RESOLUTTON NO. 2c2z_J/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A 2021-2022 FISCAL YEAR BUDGET AMENDMENT FOR THE MAINTENACE AND REPAIR OF PRIMARY CLARIFIER #3
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 made aware of maintenance and repair that is needed on the Primary Clarifier #3located at the City's Corporation Yard Waste Water Treatment Plan! and
WHEREAT the City Council of the City of Sanger does hereby find that it would be in the best interest of the City of Sanger to revise the estimated revenues and appropriations; and
WHEREAT a budget amendment appropriating $105,066.00 from the Sewer Fund balance is necessary to contract with Warren Baerg Manufacfuring,Inc. to perform the required maintenance and repair; 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. * * * rF ri rF ri rt rF * * * * * * rt ri
I hereby certify that the foregoing was duly passed and adopted by the City Council of the City of Sanger, Fresno County, State of Califomi4 at its regular meeting thereof held on April 21,,2022by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members:
Council Members:
Council Members:
Council Members:
ATTES
Rebeca P. Ramirez,City Clerk
102
EXHIBIT IIAII
City of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Gouncil
Accounting Use Only
Eudget Adjustment N umber:
Resolution Number:
Date:
2022-
Ap(il 21,2022
Reason for change in appropriation Transfer funds from the Sewer Fund balance to appropriate funds for the repair and maintenance of Primarv Clrifier #3 in the FY2O21 -2022 budael.
Estimated Additional
Estimated Reven ues Available:
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
Object
No.
Appropriation
Amount
Primary Clarifier #3 maintenance 621 070 501 7230 $ 10s.660.00 Total Reouested Aoorooriation: '105 660 00$
Current 2021 -2022 AoDroDriation $
Adiusted Total ADDrooriation : 105 660 00$
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
object
No.
Est. Revenue
Amount
trund Transfer - Sewer Fund 621 $ 105.660.00
Total Estimated Additional Revenue: $ 105.660.00
Cufient 2021-2022 Estimated Revenue:
Adjusted Total Estimated Revenue: $ 105.660.00
Signature Date:
Date:Director's Signature
Finance Director's Signature
\\nas1 \shared\Forms Templates
Date:
103
ATTACHMENT 3
104
MEMORANDUM
PUBLIC WORKS DEPARTMENT
JOHN F. MULLIGAN, PUBLIC WORKS DIRECTOR
Date: March 23,2022
To: Tim Chapa, City Manager
From: John Mulligan, Public Works Director
Subject: Emergency Purchase Declaration: Domestic Primary Clarifier #3 Repair In mid-March2}22 the Primary Clarifier #3of the domestic waste water treatment facility failed and needed to be taken off-line. This failure has resulted in overloading other segments of the treatment plant. The City currently utilizes Warren and Baerg Manufacturing, Inc. located in Dinuba, California to perform monthly systems checks in both the domestic and industrial treatment plant. They are able to perform the needed repairs to get the clarifier back into service. They have quoted the City $105,066 to perform the needed repairs to get the system back into operation. On March 25,2022, the City issued a check in the amount of $17,720.50 as a 50% deposit so the repairs could get started. On April 8,2022, another check in the amount of $34,812.50 was issued for the 50% deposit for the remaining three tasks below.
Warren and Baerg has broken the repairs down into four distinct actions as follows 1) Oil Leak, Clarifier Repair $35,441.00
2) Sandblasting and Coating $34,807.00
3) Installation of Small Gear Box $18,938.00
4) Arm, Skimmer $15,880.00
Total $105,066.00
I am asking for you to determine that the required purchases and services be considered an emergency which will allow for staff to quickly address the emergency repairs without utilizing the competitive bidding process.
The funding is available within the Sewer Enterprise Fund. This authority is granted to the City Manager per Section 2-214(d) of the Sanger Municipal Code. I have attached the section for your reference.
Please let me know if I can provide any further clarification or information regarding this issue.
By signing this document, you are formally determining that an emergency exists based upon the specific facts listed above. This will allow for the purchasing agent to allow for emergency purchases and services without utilizing the competitive bidding process per Sec. 2-214(d) of the Sanger Municipal Code.
Tim Manager
e z3 L>
105
ATTACHMENT 4
106
REsoLUrroN No. J oil-3 (
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER REVIEWING THE
EMERGENCY ACTION TAKEN BY CITY MANAGER TO MAKE EMERGENCY REPAIRS ON THE PRIMARY CLARIFIER #3 AND APPROVING THE AWARD OF EMERGENCY
CONTRACT(S) WITHOUT COMPETITIVE BIDDING FOR THE EMERGENCY REPAIRS OF THE DOMESTIC PRIMARY CLARIFIER #3
WHEREAS, the City Council has pursuant to Sanger City Code Section 2-214 delegated its authority to the City Manager to order emergency work and proceed without plans, specifications or notice for bids to award contracts governing the purchase of supplies, equipment, and contractual services.
WHEREAS, Sanger City Code Section 2-214 provides: 'oThe determination that an emergency exists shall be made by the city manager in writing, setting forth the specific facts establishing the emergency."
WHEREAS, in mid-March 2022 staff determined that the Primary Clarifier #3 in the domestic treatment plant had failed.
WHEREAS, Public Works staff determined the Primary Clarifier was in need of immediate emergency repairs: (i) the clarifier failure was serious; (ii) the failure has caused increased treatment activity in other segments of the treatment plant.
WHEREAS, the City Public Works Department has worked on obtaining contractors to perform the work and determined that contracting with Warren and Baerg Manufacturing, Inc. was in the best interests of the City and would eliminate further delays; and WHEREAS, the repairs necessary are described as Oil Leak Repair, Sandblasting and Coating, Installation of a Small Gear Box, Arm and Skimmer.
WHEREAS, at this time the cost estimate is $105,066 however if it is determined that further damage occurred, the additional cost will be on a time and material basis.
WHEREAS, in accordance with Sanger City Code Section 2-214, the City Manager has provided a detailed staff report setting forth the specific facts establishing the emergency, why the emergency did not permit a delay resulting from a competitive solicitation for bids, and why his actions were necessary to respond to the emergency associated with the aforementioned repairs as well as on the costs associated with the repairs; and
WHEREAS, failure to immediately make the required repairs may result in danger to the health, safety, and welfare of the City's residents andlor public facilities.
107
WHEREAS, the City Council has considered the written report and verbal report of the City Manager at a regular meeting and determined that the facts and circumstances are such that emergency repairs were and are needed.
NOW, THEREFORE the City Council resolves as follows:
Section l. The recitals herein are incorporated herein by reference.
Section 2. The City Council ratifies the emergency action taken by the City Manager including the award of emergency contract(s) without competitive bidding for the emergency repairs.
Section 3. Upon completion of the aforementioned repair work, any other work shall be made through a competitive bid process as required by the Sanger City Code and Public Contract Code.
Section 4. The City Council hereby directs the City Manager to make status reports at each regularly scheduled Council meeting, pursuant to Section 22050 of the Public Contracts Code until the repairs have been completed.
Section 5. This Resolution shall become effective upon adoption.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 21st day of March2022, and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Rebeca P. Ramirez, City Clerk
Page2 of?
108
For the Meeting of: April 21,2022
Agenda Item No.:
3 CrrYoF SINGER g
RE,PORT TO THE CITY COUNCIL
To:
From:
Subject:
Attachments:
Prepated by:
REVIEW: City
CONF'LIQT OF INTEREST:
None known
RE9OMMENDATTON:
That the City Council award a contract to San Juan Pools of Monterey, Inc. to re-surface the Community Center main pool in the amount of $90,000.
EXECUTIVE SUMMARY:
The City's pool located at the Community Center needs re-surfacing. The last time it was completed was in 2008. The City Council appropriated $85,000 in the current 202112022 fiscal budget. The City has received three quotes and the lowest quote is $90,000. There are savings in the budget to cover the additional $5,000. The contractor can start immediately following approval.
BACKQROUND:
The City operates a community pool during the summer months. The pool is located at the Community Center. Recently the City resurfaced the water slide and installed new variable speed motors along with new chlorination equipment. The main pool has not been re-surfaced since 2008 and the current fiberglass has failed rendering the pool unusable at this time. The proposed resurfacing will repair this issue and last for many years to come. More importantly, the pool will be ready for this summer's use.
Mayor and Council Members
John F. Mulligan, Public Works Director
Community Center Pool Re-surfacing
Quotations and Recap
Approved
Finance:-t
It
City Attorney, V$E^-
TYPE OF ITEM:
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:
X
109
REASON FOR BEC9VIMENpATION:
The City's community swimming pool has provided the residents of Sanger seasonal recreational opportunities from family night, swim lessons, pool party rentals, and more. The pool surface in the main swimming pool is fiberglass and was last re-surfaced in 2008. Last summer it was noted that some of the fiberglass was starting to de-laminate. However, there were no leaks or cracks in any of the surface that was noted. At the end of the season the pool is left full of water and the pool cover is placed over the entire pool. In the Spring, the pool is uncovered, drained, and cleaned in preparation of a new season. This year when the pool was drained, the fiberglass showed extensive de-lamination resulting pieces of fiberglass falling apartand leaving the pool unusable.
Staff contacted many pool companies and many no longer install fiberglass linings in commercial sized pools. The industry is extremely busy as well now that the COVID-l9 restrictions have been reduced or removed. There were two quotes that were received but the soonest they can start is July 2022 which is mid-season and both exceeded the $85,000 budget significantly. Staff was able to get another quote andthe contractor can start as soon as the City Council approves the project. The following are the quotes received:
San Juan Fiberglass Pools of Monterey - $90,000 (2 weeks to complete) New Image Pool Interiors, Inc. - $180,445 (4-6 weeks to complete) Rhoads Pool Plastering - $174,000 (4 weeks to complete) FISCAL IMPACT:
Resurfacing the main City pool will cost $90,000 and the City Council appropriated $85,000 in the FY 21122 budget. There is $5,000 in savings in the Facilities Division budget. The account to expense the project is I 0 1 -070-301-7 413.
ALTERNATIVES:
The three quotations can be refused and staff can continue to seek alternative quotes or surfacing materials. The pool would be closed and out of service until repaired. There is a possibility that the City could rent the WAMS pool for limited pool functions and times.
ACTIONS FOLLOWING APPROVAL:
Staff will issue a purchase order to the contractor and commence immediately on the project to ensure the pool is ready for the season.
110
ATTACHMENT 1
111
3/70/2022
City of Sanger Community Pool Re-Plaster Project
Quote Recap - Large Pool
,Contrdctor #7
:Contractor Nome:'New tmage Pool lnteriors
,Address: :906 Hoblitt Ave
City, St, Zip: ;Clovis, CA 93612
1P!1one1 i559-2-q9-4900
Contructor #2
Rhoades Pool Plastering
1499 W. Zumwolt
Tulare, CA 93274
,559-233-6260
lContractor #2
'Contrqctot #3
.N/A
Item Description
Remove Fibergloss
Pl o stgy (Wh!.te M a rpalite )
Plaster (White Pebblg F!19)
Woll Steps
Drq\ Coty911 (WB Compliont)
'lresng Co_unty Permits
,Rqcing Loqes
Sub Totol
,Options
Pool Stort
Pool Tile (6x6) Option
8 - skimmers w/conuete & patch
Coping ttole & Seol (perimgter 9f pool)
Seal only for coping stone
8 Led Lights
Tolal wlth optlons
.Pyoposol Dgte
Time to completg project
Start Dote
,eomplsTlsn Pt1.
:
,Proposql g_god thru
.NOTES:
I ncl
!ncl
1.100
T7!890,
104,285
1,5,00
11,800
24,000
8,000
772?/20?7
4_Q wegls
7/25/2022
s/6/2022"'1
)
70h/2022
3,000
4 weeks
6/30/2022' A
8/r/20221,
L74poo , 40, oo c
zlalioz;;z i lO I zi ,
L80,445
wc€49
SAP ,
;No new roils for steps, will
use existing.
tzlitlzolz'
Contractor does not do
electricol or plumbing so
will not quote Pool Lights
or Removing & Replacing
;gklmperp
112
Sm Juan Pools of Monterey, Inc.
756 Califomia Ave
Sand City, CA 93955
(831) 373-7330
sjpmonterey@yahoo. com
www.sjpmonterey.com
ADDRESS
Sanger Community Pool
730 Recreation Ave
Sanger, CA 93657
(Pook
of Monterey
Liftin. tuli..ted.nt Aflan( i0t
SHIPTO
Sanger Community Pool
730 Recreation Ave
Sanger, CA 93657
Estimate 1350
DATE A4/06/2022
ACTTYITY arY R.ATE AMOI]NT
Misc.
Fiberglass re-surfacing of commercial community
pool. Price includes removal of 2 layers of existing
fiberglass, necessary prep to surface, primer coat
followed by new fiberglass finish, re-painting of all
lane lines in black. Warranty 3 yrs labor 5 yrs
material.
2 week completion time
Accepted By
90,000.00 90,000.00
Accepted Date
TOTAL $90,000.00
113
(an
v
NEWIMAGE
PROPOSAL AN D ACCEPTANCE
906 HOBLITTAVE . CLOVIS, CA 936,12
(559) 299-4900 . FAX 299451s
Ltc. No. 906501f tilt rnTtfi !i] $ ifiN
PROPOSAL SUBIMITTEDTO
STREET JOB NAME
CITY STATE AND ZIP CODE JOB LOCATION
ARCHITECT
We hereby propose to furnish the materials and perform the labor necessary for the completion of:
STEPI:DRAINING LAP POOL STEP4:MATERIALoPTIoNS
xoRnrn swtr,,rtvilNc pooL trDRAIN spA
SrEP2,PREPWoRx R/R FIBERGLASS \,'
}[Removellr DUNDERCuTILE
firenr rool (HvoRoter wnren orn,to
UPON DRAINING sWIMMING POOL,IF DELAMINATION 15
DETECTED, PLEA5E ADD S-TO REMOVE PLA5TER.
D DESIGNER SIGNATURE
REMOVE/REPLACE:
tr ROPE ANCHORS
tr DRAIN GRATES
trwAllsrEps (6) SetS ""
Sf EP 3i T ILE (l F AP PLTCABLE)
tr INSTALL STANDARD 5X5 POOLTILE
DUPGRADE SIGNATURE
5ELECTION:
DATE
JOB PHONE
NWHITE MARBALITE PLASTER
tr ALTIMA WHIII
O tUNA QUARTZ POLAR
tr LUNA QUARTZ W/
f] STANDARD SIGNATURE MATRIX'"
trPRI5M MATRIX
L] PRISM I\4ATRIX
tr PRIMERA
DTREASURE SERIES PRII\4ERA STONE'':
$ 84.985
$
$
$
$
$
$
$
$
$
$
tr INSTAILTRIM TILE
SELECTION:
O INSTALL DIAMONDTRIMTILE
(SAME AS WATEBLINE SELECTION)
trCLEAN/sEAL t]CAULKING
IMPORTANT NOTICE: Existlng tile trim, mosalcs. and spa bubblers cannot be pteserved when a pool/spa is replastered DCHANGE FITTINGSTO COLOR MATCH INTERIOR *-
O3 DAY START UP / FILTER CLEAN
' 3 Yeat Waftanty
'3 Yeot P@|1 Yedspa
Asyeotwoftanty "'TYedtwatanty "'.t|yeatwaildnty RESID€iIIIA. " 4 Year Pool 1 f ear Spa *' 5 y eat P ool 1 Ye$ Spa *, 1 O yeat pool 5 year Sp a CO MMERCT AL
OTHER OPTIONS: p STANDARD 6X6 WATFRI INF POOI S13.8oo tNct uDFq rRrM AND R EAKLINF TILF 320' ,, PHONE
DATE OF PLANS
$
$
$
$
$
lNqTAt I Lrql NON SKID ?X? RACING I AI{Fq \A// TAPGFTq (1? ANN R {8) SKIMMER W/ CONCRFTF CIJT R, PATCH s24.000 i"'
R/R COPING STONE W/ DECK O SFAI FXPANSION IOINT ?6r)I (?R INSTAI I IR} ED LIGHTS S8.OOO COIINry PFRMITq & PI cHECK s1.s00 WE PROPOSE ALLMATERTALTsGUARENTEEDTosEAsspEcTFTEqANDTHEABovEwoRKToBEpERFoRMEDTNAccoRDANcEWTHTHEDRAWNGsANDspEoFTcATToNs SUBMITTED FOR ABOVEWoRKANDCOTIPLETED lN A SUBSTANTIALWORI(MANLIKE IeIANNER FORTHE SUM oF:
DOLLARS (S
PAYMENT UPON COMPLETION
IFFM VAIFREsPECTFULLY SUBMITTED
NoIE: THIS PRoPOSAL MAY BE WTHDRAWN BY US lF NOT ACCEPTED WTHTN _ DAYS AccEPTANcE oF PRoPoSAL rHE ABovE pRrcEs, spccrFrcATroNs AND coNDrroNs ARE sArsFAcrony AND ARE HEREsy AccEfiED.you ARE AUrHoRrzEDro Do THE WORK5PECIFIED PAYMENTWLL SE IV1ADE A5 OI]TLINED ABOVE.
SIGNATURE DATEOFACCEPTANCE
COLORED PLASTER & QUARTZ RELEASE:
With the h,omeowners understanding that colored plaster/quartz is composed ofnatural materia15 whi(h have certain inherent characteristics, a certainamountofshadingorcolorvariationwhichisanaturaloccurrence,and5houldnotbe<onstruedasadefectbutonlyenhancesthebeautyofyourpool. -Homeowner also agrees that color plaster/quartz is not guaranteed for evenness ofcolor and may not be the exact;hade anticipateil anj the shade ofcolor may vary and fade over time and may also be streaked, blotchy or mottled. Homeowner also understands that (crazing) check cGCks and haiiine crack may be noticeable and may be quite pronounced with colored plaster/quartz.These conditions are beyond the contractora control and customer understands and agrees that NEW IMAGE POOL INTERIORS. lNC. and its representatives are not responsible forthe oqcurrence ofany or all the above mentioned conditions and agree to accept full responsibility should any or all ofthem occur.
CUSTOMER RESPONSIBILITIES:
WATCH POOLWATER A5 POOL IS FILTING (DO NOT SHIJTOFF FOR ANY REASON UNTILFULL)
ONCE POOL IS FULL REFERTO NPC START UP CARD
PLASTERCUSTOMERS: MUSTBRUSH POOL2-3XA DAYFOR 1O DAYS UPON COMPLETTON SIGNATURE
IT IS CUSTOMERS RESPONSIBILITYTO SUPPLYWATERTO FILL POOL CALIFORNIA oNLY NOTICETO OWNER: CONIRACTORS ARE REQUTRED By LAWTo BE LICENSEDAND REGULATED ByTHE CONTRACTOR'S 5TATE LICENSE BOARD.
SIGNATURE
IF HOME OSIER DOES NOT FOLLOWTHE INSIRUCTIONS LISTED, YOU WAVE NEWIMAGE POOL INTERIORS, INC, FROM ANYAND ALL RESPONSIBILIW 1n019
114
Rhoades Pool Plastering
1499 W. Zumwalt Ave Tulare, CA.93274 License # 982143
[email protected] fax559-688-6453
559- 233-6260 559- 686-3617
Tulare
CUSTOMER:
ADDRESS:
PHONE
a Atu€-
PRoPosAr MaryrToo \
D^rE3* 3_AA
initial
4 fu-
a
rj'
/
At-/
o,/
0t "r'
,
With the homeowners understanding tlrat colored plaster/qtattz is composed of natural material which have certain characteristics, a certain amount of shading/color variation is a natural occurrence. This shading/color variation should not be construed as a defect but an enhancement ofthe beauty ofyour pool. Homeowner also agrees that color plaster/quartz is not guaranteed for evenness of color and may not be the exact shade alticipated. The shade of color may vary and fading, streaks, blotches and mottling occur under normal usage. Homeowner also understands thal ctazing, crack, and hairline cracks may be noticeable and may be quite pronorurced with colored plasterlquartz, These conditions are beyond contraclors' control and customer ulderstands and agrees that RHOADES POOL PLASTERING and its representatives are not responsible for the occuffence of any or all the above-mentioned conditions and agree to accept firll responsibility should any of these occur. Rhoades Pool Plastering is NOT responsible for lights and electrical to the poo1.
CUSTOMER RESPONSIBILITY: Watch pool as it is filling up to the middle of the tile. DO NOT SHUT OFF WATER FILL (water hose) FOR ANY REASON. Once pool is fulI call a profepsional service Co. to do your New Pool chemical start up or refer to your New Pool Start up sheet. Rhoades Pool Plastering is NOT responsible for pool water chemistry and any damages to plaster in the future due to water chemistry imbalance. cusroMER: MUST BRUSH PooL 2-3 TIMES DAILY FoR TEN DAyS upoN coMpLETIo_l! Payment is due and payable in full upon completion of plaster adherence. A receipt wilt be available at that time. Warranty per State of California is 3 years on
DRAIN, ROTO HAMME& SANDBT AST,
DURING THIS PROCESS THERE IS A CHANCE DCS]TNG TILE MAY GFT CHIPPED emo
I
UNDERCUT EXISTING TILE LI
t /ylQtll
CLEAN TILE
F
lncluded
'Aer0l
frqa afiq lan e f * Oepf,l rlAar efi
NEW TILE
Rfluoot
NEW DRAIN COVERS ft68 Comptiant, PERMITSi gobA
TWO COAT MARBILITE PLASTER STANDARD WHITE t
PEBBLE F|NA (r(o,,{d,i.a .zu/lrt,) llo. a
{o,
UrvW A Ve{- l}ne-f $/e-
&) ql
Urefi ffia^nu€* lA"oa
orHERWd bsafurJlrt e tilc ts j"n /J,/t B;d lf tU
TOTAL f7f,ao
CUSTOMER SIGNATURE RHOADES POOL PLASTERING
115
Fot the Meeting of; Apd 21,2022
Agenda Item No.:
CrrYoF SINGER
RE,PORT TO THE. CITY COTJNCIL
9'7
To:
From:
Subject:
Attachments:
Mayor and Council Members
Esperanza Rosales, Management Analyst
Authorize Participation in the Low-Income Household Water Assistance Program (LIHWAP)
1) Direct Payment Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council authorize participation in the Low-Income Household Water Assistance Program (LIHWAP), and authorize the City Manager to sign the Direct Payment Agreement and all other documents related to the program.
EXECUTIVE SUMMARY:
The Low-Income Household Water Assistance Program (LIHWAP) is a statewide program helping families settle their outstanding water and wastewater bills. It is part of the federal government's continued efforts to help households experiencing financial hardship due to the pandemic.
BACKGROUND:
The California Department of Community Services and Development (CSD) Low-Income Household Water Assistance Program (LIHWAP) has been allocated $116 million dollars in federal funds to provide low-income households with one-time financial assistance, up to $2,000, to pay their past due water and wastewater bills.
Ptepared by: Approved
REVIEW: City Finance City Attorner,,,$^*
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
X
116
The Low-Income Household Water Assistance Program (LIHWAP) is managed in partnership with Local Service Providers (LSPs) to administer the program. LSPs have strong ties to their local communities and have many years of experience providing other public assistance programs to low-income customers.
The program is set to launch to customers in June 2022. Community water systems must enroll in LIHWAP direct payment agreements in order for their low-income customers to participate. City staff completed the interest form for the program, and it is currently in the enrollment process.
Key points about the program:
o Customers will apply for the program directly through the California Community Services Department (CSD) and its LSP partners.
o If the customer is eligible, the customers' information will be provided to HORNE, the group contracted by CSD to disburse the payments to the community water systems. . Upon receipt of payment from HORNE, the City will post the appropriate amounts to eligible accounts consistent with the program terms and conditions. o Customers who have already received relief from other programs, such as the California Water and Wastewater Arrearage Payment Program, may still participate in LIHWAP if they owe past due water and wastewater bills.
. The City will offer payment plans to customers to avoid water service disconnection.
REASON FOR RECOMMENDATION:
The LIHWAP helps provide financial relief for eligible households who need help paying their water and wastewater bills. It seeks to ensure that families maintain access to water and wastewater services.
FISCAL IMPACT:
Funds received for eligible customers will provide relief for those households, and will reduce the City's unpaid water and wastewater bill debt. The number of customers who will participate in the program is unknown, but there will be administrative reporting that will be required as part of the program and the cost for staff time to complete reporting is unknown at the time.
ALTERNATIVES:
Do not approve, customers will not be able to participate or receive assistance from the program, and will remain liable for their entire bill balance.
ACTIONS FOLLOWING APPROVAL:
The City Manager will sign the Direct Payment Agreement and City staff will submit it to the California Department of Community Services and Development Department to finalize enrollment in the program. 117
CD HoRNE
DIRECT PAYMENT AGREEMENT
THIS DIRECT PAYMENT AGREEMENT (Agreement) is made and entered into effe.ctive as of the date signed below (the "Effective Date"), by and between The City of Sanger
("the Water System"),
1700 7th Street, Sanger, CA 93657
(Entity Address)
and HORNE LLP, a Delaware limited liability partnership, having a place of business at 661 Sunnybrook Road, Suite 100, Ridgeland, MS 39157 ("HORNE').
WHEREAS, the California Department of Community Services and Development ("CSD") is authorized to administer the Low-lncome Household Water Assistance Program ("LlHWAP" or "Program") to provide financial assistance to help low-income Californians manage their residential water utility costs; WHEREAS, CSD has contracted with HORNE to disburse direct payments to water systems to apply a LIHWAP credit to households identified as eligible for LIHWAP assistance by CSD or its Local Service Providers (LSPs); WHEREAS, CSD has authorized HORNE to enter into this Agreement with Water System; and
WHEREAS, the Water System desires to enroll in LIHWAP and participate in the direct payment service established by the Direct Payment Program.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Water System agrees to receive direct payments from HORNE for the benefit of California residents who qualify for LIHWAP and agrees to abide by all terms and conditions below:
118
Direct Payment Program GeneralTerms and Conditions
1.1 To participate in the Direct Payment Program, a Water System must be defined as a "Community Water System" or "Community Water System Billing Entity", "Wastewater Treatment Provider" or "Wastewater Billing Entity" (collectively referred to as a "Water System" in this Agreement).
1.2 A "Community Water System" means a public water system with at least 15 service connections used by yearlong residents or regularly services at least 25 yearlong residents.
1.3 A "Community Water System Billing Entity" means a third-party entity that is the designated billing entity for a community water system. 1 .4 A "Wastewater Treatment Provider" means a city, county, special district, or joint powers authority that provides wastewater collection, treatment, or disposal service through a publicly owned treatment works.
1.5 A "Wastewater Billing Entity" means a local government entity (city, county, or special district) that is the designated billing entity for a wastewater treatment provider.
1.6 The Water System enrolled in the Direct Payment Program must be the responsible entity for applying the LIHWAP credit to customer accounts.
1.7 Qualified low-income residential customers will be identified by CSD and its LSP partners. CSD will provide HORNE with a direct pay file that contains customer account information as well as the amount for the direct payment to the Water System for each customer. Commercial customers are not eligible for the program.
1.8 HORNE will provide the Water System a direct pay file that contains customer account information and the LIHWAP benefit amount for the purpose of crediting the accounts of qualified low-income residential customers of the Water System who have been identified as eligible for water assistance payments under LIHWAP by CSD or its LSPs.
1.9 HORNE will establish a secure method to provide the direct pay file and 119
customer information to the Water System and a secure method to receive the Direct Payment Summary from the Water System as described in 2.11.
1.10 The Water System is encouraged to offer a payment plan or other forms of assistance to customers who have a remaining balance after the LIHWAP benefit is applied to support the continuation of services or the restoration of services for accounts where services are terminated due to nonpayment.
Obligations of the Water System
2.1 Water System shall provide water and/or wastewater services to each eligible and approved residential household for which payment is provided under LIHWAP.
2.2 Water System shall charge LIHWAP residential households using the Water System's normal billing process, the difference between the actual amount due and the amount of the payment made by the LIHWAP payment.
2.3 Water System shall restore water services on a timely basis or remove disconnection status upon payment, if applicable, and shall confirm this action to HORNE by submission of the Direct Payment Summary report as specified in provision 2.11.
2.4 Water System shall charge all LIHWAP eligible residential households the same rates charged for home drinking water and/orwastewater services billed to other similarlv situated residential households that are non-eliqible, as determined by the approved rate setting process.
2.5 Water System shall not apply LIHWAP payments to account balances that have previously been written off or paid off with other customer assistance program funds. The Water System shall return issued LIHWAP payments to HORNE within 30 calendar days of receipt for accounts where the owed balance has been paid off with other customer assistance program funds or discharged (written off) in its entirety by the Water System along with the Direct Payment Summary specified in 2.11.
120
2.6 Water System shall apply the LIHWAP benefit to closed accounts to cover the pending balance and shall return any remaining amount of the LIHWAP payment to HORNE within 30 calendar days of receipt along with the Direct Payment Reconciliation Summary specified in 2.11.
2.7 Water Systems shall adhere to existing credit return policies when returning funds to a customer that received a LIHWAP benefit, and the account is later closed and there is a remaining LIHWAP credit balance on the account.
2.8 Water systems that include other services on the customer's bill shall only apply LIHWAP payments towards the water, wastewater, and/or storm water amount owed including any applicable late fees, reconnection fees, taxes, and other charges.
2.9 Water System shall not discriminate against a LIHWAP eligible household with respect to terms, deferred payment plans, credit, conditions of sale, or discounts offered to other customers.
210 Water System shall post all payments to customer accounts within 5 business days from receipt of payment.
2.11 Water System shall submit to HORNE a Direct Payment Summary (in a format provided by HORNE) that reconciles the associated direct pay file and return payments that could not be credited to customer accounts within 30 calendar days of receipt of payment. The Direct Payment Summary must contain information on the date the credit was posted, direct pay file date; the total number of customer accounts that the Water System was successful in fully crediting; and the total number of customer accounts that the Water System was not successful in crediting. For those customer accounts that were not credited, the Water System shall reflect in the Direct Payment Summary the customer accounts that were not credited to include customer account information (customer name, account number, account address, benefit amount), and reason why the LIHWAP benefit was unable to be applied to the customer's account. The Water System shall use customer and account information 121
2.12 2.13
2.14 2.15
2.16 2.17
contained in the direct pay file to complete the reporting and identification of customer accounts that were not credited.
Water System shall clearly enter, on the LIHWAP recipient's bill, the amount of LIHWAP payment(s) received and identify the payment was received from LIHWAP. The credit should appear on the first billing statement after the credit has been posted. lf posting on the LIHWAP recipient's bill is not feasible, the Water System shall send customers a notification of the LIHWAP payment via phone call, letter, text, or email communication as soon as practicable.
Water System shall cooperate with any Federal or State investigation, audit, or program review related to the administration of LIHWAP to ensure funds are accurately applied to customer accounts in compliance with this Agreement, including allowing CSD and its designated representatives access to all books and records related to the receipt and posting of LIHWAP benefits under review.
Water System is informed that failure to cooperate with any Federal or State investigation, audit, or program review may result in the immediate suspension or disqualification from participation in LIHWAP.
Water System shalltake corrective action in the time frame specified by the CSD if violations of this Agreement are discovered. Corrective action may include, but is not limited to, providing detailed documentation of changes made and detailed plans for future changes that will bring the Water System into compliance.
Water System is informed that failure to implement corrective actions may result in the immediate suspension or disqualification from participation in LIHWAP.
Water System shall comply with allfederal and California privacy laws, and shall take all necessary steps to protect the confidentiality of the information provided by HORNE to the Water System. Water System agrees to provide required security to ensure the confidential, physical security and safekeeping of all data, information files, and documents ("customer information") pertaining to the recipients of LIHWAP utility assistance payments, while such customer information is in its possession. Water System will, in accordance with applicable 122
3.1 4.1
law and the terms of this Agreement, protect from unauthorized use and disclosure all sensitive data, documentation, or other customer information provided to Water System by HORNE, CSD, or CSD's LSPs for purposes of this Agreement.
Term
The term of this Agreement shall be the effective date of this contract through October 31,2023.
Project Coordinator
The Project Coordinator is designated to manage all HORNE inquiries regarding direct payments, issues with the direct payment process, mishandled or incorrect payments, clarification and updates of reports, and fraud and abuse.
The Project Coordinator during the term of this Agreement is listed below. The Water System may designate a different Project Coordinator by notifying HORNE in writing.
Water System's Project Coordinator
Name and Ti'e: Stephanie Florian
Company Name City of Sanger
Address: 1700 7th Street
City, State, and ZIP Code Sanger, CA 93657
Email sflorian@ci. sa n g er. ca. us
559 876 6300 x1110Phone
123
Additional Provisions
5.1 Amendment. All amendments to this Agreement shall be in writing, signed by HORNE and Water System.
5.2 Assignment. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement shall be assigned by any party without the prior written consent of the other parties.
5.3 Merger/Entire Agreement. This Agreement (including the attachments, documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
5.4 Nonwaiver. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in the performance of any obligations under this Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation; nor shall any waiver of any incident of breach or default constitute a continuing waiver of the same. All waivers shall be in writing.
5.5 Severability. lf any provision of this Agreement is found invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement will not be in any way impaired and shall remain in full force and effect.
5.6 Venue. ln the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State Courts of the County of Sacramento, or where othennrise appropriate, exclusively in the United States District Court for the Eastern District of California in Sacramento, California.
124
lN WITNESS WHEREOF, the parties hereto have signed this Agreement, or caused it to be signed by their duly authorized representatives "below".
HORNE LLP
Name: Loden Snel
Title: _Deputy Project Manag er
Date
Water System The City of Sanger
By:
Name:Tim Chapa
rile: City Manager
Date
4882-0'103-6556. v. 2
By:
125
Fot the Meeting of: April21,,2022
Agenda Item No.
CrrY oF SINGER
REPORTTO THE, CITY COUNCIL
I '/o
To:
From:
Subject:
Mayor and Council Members
Tim Chapa, City Manager
Budget Calendar
Attachments: 1) Calendar
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends the City Council receive and file the calendar for the development of the FY 2022-23 Budget.
EXECUTIVE SUMMARY:
The City Council typically adopts the next year's budget by June 30th of the current fiscal year. This calendar reflects the major milestones for completion by that date.
ACTIONS FOLLOWING APPROVAL:
Staff will follow the calendar such that the City Council may adopt of FY 2022-23 Budget by June 30, 2022.
Preoared bv: Tim Chaoa Apptoved by:
REVIEW: Ciry Manager: _ Finance: City Attorney: _
TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Department Repott
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
Matter Initiated by a Council Membet
Other
Continued to:
126
April2l,2022
April2022
Aptl'l2022
May 3,2022
May 9-13,2022
May 16-20,2022
May 25,2022
June2,2022
Jvne 16,2022
BUDGET CALENDAR
FOR
FISCAL YEAR 2022-23 BUDGET
Presentation of FY 2020-21Audit
Budget Worksheets submitted to ASD
lO-Year Plan Chief Review with ASD & CM
1O-Year Plan Submitted to CoC
Department Meeting Reviews with ASD & CM
ASD & CM Adjustments
Draft Document Printed
Budget Presentations
Budget Presentations (Continued as Necessary) and
Budget Adoption
127
For the Meeting of: April27,2022
Agenda Item No.
9-rrCrrY oF SINGER
RE,PORT TO THE, CIry COUNCIL
To: Mayor and City Council Members
From: Joshua Rogers, City Engineer
Subject: City Water System Update
Attachments:
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
This is an informational item.
EXECUTIVE SUMMARY:
Informational item for water system update since last Council meeting.
BACKGROUND:
Since the last Council meeting, the Well 16 Contractor has ordered additional materials and is mobilizing to start onsite work at the site by the time of this meeting.
City staff has worked with the State Water Resources Control Board Division of Financial Assistance to determine additional funding options for Well 19.
Staff has provided the proposed property purchase agreement for Well 22 to the agent of the Seller and is awaiting conditional approval at which time it will be brought before the Council for authorization.
There are no additional items to report at this time.
Pteoared bv: Iosh Rosets Approved by:
REVIEW: City Manager: _ Finance: Citv Attomev:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
128
REASON FOR RECOMMENDATION:
No recommendation. This is an informational item.
FISCAL IMPACT:
No fiscal impact. This is an informational item.
ALTERNATIVES:
No altematives. This is an informational item.
ACTIONS FOLLOWING APPROVAL:
No approval. This is an informational item.
129
Fot the Meeting of: April21,,2022
AgendaltemNo.: ft -l
CrrYoF SINGER
REPORT TO THE, CITY COIJNCIL
To:
From:
Subject:
Attachments:
Mayor and Council Members
Davide Brletic, Community Development Director
Fagade Improvement Program
1) Draft Fagade Improvement Program
2) Resolution No.
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends the City Council approve the proposed Fagade Improvement Program, with a total project limit of $100,000 for a matching grant program, limited to $10,000 for street side exterior improvements, for projects located within the Central Commercial District.
EXECUTIVE SUMMARY:
The City Council has allocated $100,000 to fund a Fagade Improvement Program. The proposed program in intended to enhance the appearance of downtown. Staff recommends a matching grant program, limited to $10,000 for street side exterior improvements, for projects located within the Central Commercial District. Property owners would be required to to repay pro rata share of the grant if the subject property is sold within five (5) years.
BACKGROUND:
The Sanger Redevelopment Agency previously administered a Fagade Improvement Program. The program ended with the dissolution of the Sanger Redevelopment Agency.
Prepared by: Apptoved by:
REVIEW: City Finance: city Attome y, ,ilYr-
TYPE OF ITEM COUNCIL ACTION: APPROVED DENIED NO ACTION
Consent
Info Item
Action Item
Depattment Repott
Redevelopment Agency
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
x
_]_
130
The Sanger Redevelopment Agency Fagade Improvement Program was created in1997. The program was developed to enhance appearance of downtown. The program provided five-year, no interest loans of up to $10,000 to qualified businesses located in the downtown. From 1997 to200l, the Fagade Improvement Loan Program awarded six (6) loans totaling $60,000.
The Sanger Redevelopment Agency Fagade Improvement Program was modified in 2001. The allowable project area was expanded to include Academy Avenue, the maximum loan amount was increased from $10,000 to $15,000, and the program was changed to provide combination loan/grant. Up to 50%o grant of the maximum $15,000 could be provided as a grant ($7,500 grant and $7,500 loan).
The City Council has allocated $100,000 to fund a Fagade Improvement Program. The proposed progftrm in intended to have the same purpose as the former Fagade Improvement Program, to enhance the appearance of downtown.
Staff recommend the following criteria for a Fagade Improvement Program:
- 50% matching grant up to $10,000.
- Property owner to repay pro rata share of grant if property sold within five (5) years. - Limit improvements to exterior, street side only.
- Limit to Central Commercial District as shown in2035 General Plan Update. - Program is first come first served.
REASON FOR RECOMMENDATION:
The City Council allocated funds specifically a Fagade Improvement Program to enhance the appearance of downtown.
F'ISCAL IMPACT:
The City Council has approved a budget amendment allocating $100,000 for the Fagade Improvement Program.
ALTERNATIVES:
Provide staff with alternative program direction.
ACTIONS FOLLOWING APPROVAL:
Staff will begin promoting the Fagade Improvement Program through the Chamber of Commerce and the City of Sanger website. Staff will work with City Attomey to prepare appropriate agreements and documents.
131
GOAL
Crry on Sa.NGER
Cornmunity Development Department
ITOO 7th STREET
SANGER, CALIFORNIA 93657
(s59) 876-6300 x1520 / Fax (559) 876-6323
FACADE IMPROVEMENT PROGRAM
To enhance appearance of downtown
OBJECTIVES
The objective of the program is to grant matching funds to property owners and tenants for physical improvements to facades of downtown businesses and buildings.
CRITERIA
1. Facade Improvement Program is a matching grantprogram.
2. F acade Improvement Program will match up to a maximum of $5,000 for qualified projects that total $10,000 or more.
3. Property owner to repay pro rata share. of grant if sold within five (5) years.
4. Limit improvements to exterior, street side only.
5. Limit lo Cerftral Commercial District as shown in2035 General Plan Update.
6. ImproVements shall be constructed in a workmanlike, professional manner, consistenl with all applicable Sanger City Codes. Necessary permits shall be obtained,'for work requiring governmental approvals.
7. No grants shall be made until approval of the application and all necessary plans.
Up to thirty days shall be allowed for processing reimbursement requests.
8. All projects will require prior approval.
9. Appeals to a decision of the Community Development Director are to be in writing to the City Council. The decision of the City Council will be final and made within thirty days of the appeal.
132
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAi\GER APPROVING
A FAQADE IMPROVEMENT PROGRAM
WHEREAS, the City Council has allocated $100,000 to fund a Fagade Improvement Program to enhance the appearance of downtown; and
WHEREAS, the Fagade Improvement Program matches up to $5,000 for quali$ing projects; and
WHEREAS, the Fagade Improvement Program requires applicants to a pro rata share of the grant if the subject property is sold within five (5) years of the grant approval; and WHEREAS, the Fagade Improvement Program is limited to improvements to the exterior the subject property and limited to the street side only of the subject property; and WHEREAS, the Fagade Improvement Program is limited to properties located within the Central Commercial District as shown in2035 General Plan Update; and WHEREAS, the Fagade Improvement Program requires all improvements be constructed in a workmanlike, professional manner, consistent with all applicable Sanger City Codes.
Necessary permits shall be obtained for work requiring goveftrmental approvals; and WHEREAS, the Fagade Improvement Program requires that no grants be made until approval of the application and all necessary plans and allows up to thirty days to process reimbursement requests; and
WHEREAS, the Fagade Improvement Program requires all projects be approved prior to commencement of work or expenditure of funds requested for reimbursement through the grant; and
WHEREAS, the Fagade Improvement Program requires all appeals to decisions of the Community Development Director be submitted in writing to the City Council. The decision of the City Council will be final and made within thirty days of the appeal.
NOW, THEREFORE the City Council approves the Fagade Improvement Program I hereby certifr that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 21't day of April2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COLTNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Page I of2
133
Rebeca Ramirez, City Clerk
Page2 of2
134
t
SANC
,,,,:1,,
DR
-i
For the Meeting of: April 21,2022
Agenda Item No.:
11->
CrrYoF SINGER
RE,PORTTO THE, CIry COUNCIL
To:
From:
Subject:
Attachments:
Mayor and Council Members
David Brletic, Community Development Director
Multi-Jurisdictional Housing Element
1) Resolution No. aZo)) - 3Z
2) Resolution No. 2o>>_b r
3) Table - 6th Cycle MJHE Codt Sharing Arrangement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends the City Council adopting resolution approving participation in the Fresno County Multijurisdictional Housing Element Update and Cost Sharing Arrangement and adopt resolution approving budget amendment for $10,000.
EXECUTIVE SUMMARY:
The City of Sanger is currently in need of preparing their 6tr Cycle Housing Element Update. The City of Sanger put out an RFP for preparation of the Housing Element Update in March 2022 and received one proposal. Staff reviewed the proposal recommends participation in the preparation of the Housing Element through participation in the MJHE. The estimated cost for participation in the 6th Cycle MJHE is $125,000 and requires an initial deposit of $10,000 to FCOG.
BACKGROUND:
Government Code Section 65588 requires local agencies to review and revise the housing elements to their comprehensive general plan in compliance with Section 65580 through 65589, Chapter 1143, Article
10.6. Prepated by: David Bdetic Approved by:
REVIEW: City Manager: _ Finance: City Attomeyi _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION =
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Headng
Matter Initiated by a Council Member
Other
Continued to:
135
The City of Sanger is currently in need of preparing their 6th Cycle Housing Element Update. Legal requirements for preparation of the Housing Element Update have grown more complex with each cycle. For the 5th Cycle Housing Element Update, the City of Sanger participated in the MJHE (Multi- Jurisdictional Housing Element Update) coordinate through Fresno COG. The City of Sanger's cost to participate in in the MJHE for the 5th Cycle Housing Element Update was approximately $28,000. The estimated cost for the 6ft Cycle MJHE for participating jurisdictions is $125,000. See attached table - 6ft Cycle MJHE Cost Sharing Arrangement.
Concerned with the increased cost for participation in the 6ft Cycle MJHE, City of Sanger put out an RFP for preparation of the Housing Element Update in March 2022. The City of Sanger received one proposal with a cost a $68,000. Staff reviewed the proposal and determined that proposal was not comparable to the MJHE and rejected the proposal.
FCOG convened a Project Development Team (PDT) consisting of the local member agencies, to review the Request for Proposal for the MJHE, evaluate bids, select a consultant, develop a cost sharing arrangement and make a recommendation to the FCOG board to select a consultant team.
The estimated total cost for preparation of the MJHE is approximately $1,900,000. As previously stated, the cost for the City of Sanger to participate in the MJHE is $125,000. FCOG has submitted a REAP grant application to HCD with funds to be allocated to MJHE. Potential REAP funds will reduce overall cost of the MJHE by approximately $1,000,000, thereby reducing the City of Sanger cost for participate in the MJHE to approximately $75,000. However, the REAP grant funding has not yet been secured and is not certain.
The cost sharing arrangement prepared by FCOG includes the cost of the consultant team and $75,000 to cover FCOG administration. To participate in the MJHE FCOG requesting attached resolution from each participating jurisdiction. The resolution commits the City of Sanger to participation in the MJHE and commits to an immediate deposit of $10,000.
Once the contract for the for the MJHE has been secured by FCOG and REAP funding has been resolved, staff will return before City Council for final approval of City of Sanger participation in the MJHE and requisite budget amendment.
REASON FOR RECOMMENDATION:
Government Code Section 65588 requires local agencies to review and revise the housing elements to their comprehensive general plan in compliance with Section 65580 through 65589, Chapter 1143, Article
10.6. FISCAL IMPACT:
Initial budget amendment of $10,000 from General Fund to pay deposit. Subsequent budget allocation in 2022-2023 budget, of approximately $65,000 (or $115,000 depending on REAP outcome) from General Fund for remainder of share for participation in MJHE.
ALTERNATIVES:
Direct staff to put out RFP for Housing Element Update.
ACTIONS FOLLOWING APPROVAL:
136
Submittalof$10,000deposittoFCOG. RetumtoCityCouncilforapprovalofparticipationinMJHEupon FCOG selection of consultant team.
137
RESOLUTION NO. 2O>Z -3.L-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING
THE PARTICIPATION OF THE CITY OF SANGER IN THE FRESNO COUNTY
MULTIJURISTICTIONAL HOUSING ELEMENT UPDATE AND COST SHARING ARANGEMENT.
WHEREAS, Government Code Section 65588 requires local agencies to review and revise the housing elements to their comprehensive general plan in compliance with Section 65580 through 65589, Chapter 1143, Article 10.6, and
WHEREAS, the Fresno Council of Governments (FCOG) is a Joint Powers agency created by the fifteen incorporated cities in Fresno County and the County of Fresno, pursuant to Government Code Sections 6500 et. Seq., and
WHEREAS, the local government agencies in Fresno County have requested FCOG to hire a consultant to perform a coordinated update to the housing element of each local agency's General Plan at no cost to FCOG, and
WHEREAS, FCOG convened a Project Development Team (PDT) consisting of the local member agencies, to review the Request for Proposal, evaluate bids, select a consultant, develop a cost sharing arrangement and make a recommendation to the FCOG board to hire the consultant, and
WHEREAS, the cost sharing arrangement includes the cost of the consultant and $75,000 to cover FCOG administration, and
WHEREAS, each participating member agency agrees to reimburse FCOG for the cost of the Fresno County Multijurisdictional Housing Element Study in accordance with the cost sharing arrangement attached herein, and
WHEREAS, time is of the essence and each participating member agency agrees to facilitate the flow of information to the consultant to provide a timely report, and NOW, THEREFORE the City Council resolves as follows:
1 The foregoing recitals are true and correct and incorporated by reference.
2. Approves the Fresno County Multijurisdictional Housing Element Cost Sharing Arrangement and agrees to participate in the study and reimburse FCOG for actual cost incurred.
3. This resolution is effective upon adoption.
138
I hereby certiff that the foregoing is a fuIl, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 2l't day of April2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COLINCIL MEMBERS:
COLINCIL MEMBERS:
COLINCIL MEMBERS:
Rebeca P. Ramirez, City Clerk
139
RESoLUTIoN No. 2022- 3 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A2O2I-2022 FISCAL YEAR BUDGET AMENDMENT FOR DEPOSIT FOR 6TH CYCLE MJHE
WHERAS, the City of Sanger Annual budget requires midyear amendments to adjust the estimated revenues and appropriations to reflect the City's financial plan; and WHEREAS, the annual budget contains the estimated revenue and appropriations necessary to implement the City Council's policies, goals and objectives; and WHEREAS, during the fiscal year, unforeseen circumstances, changed economic conditions or spending priorities may require budget adjustments; and WHEREAS, 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 appropriating funds in the amount $10,000.00 is necessary to provide deposit to Fresno COG for preparation of the 6th Cycle MJHE.
NOW THEREFORE,IT IS HERBY RESOLVED by the City Council of the City of Sanger that the Annual Budget be amended as set forth in Exhibit "A" for Revenue Adjustments and Appropriation Adjustments which are attached hereto and incorporated herein by reference and are herby approved, and the Administrative Services Director or his designated staff is hereby authorized and directed to record the appropriate accounting entries.
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council on the 2l'r day of April, 2022, and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Rebeca Ramirez, City Clerk
140
City of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Council
EXHIBIT IIAII
Deposit for 6th Cvcle MJHE
Accounting Use Only
B u d get Adj u stm e nt N u m be r :
Resolution Number:
Date:
2022- _
Aptil2l,2022
Reason for change in appropriation
Estimated Additional
Estimated Revenues Avai lable:
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
object
No.
Appropriation
Amount
3th Cvcle MJHE ,101 60 101 6290 10.000.00$
Total Reouested ADDroDriation: 10.000.00$
Cuftenl 2021 -2022 Aoorooriation: $
Adiusted Total AoDroDriation 10.000.00$
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
object
No.
Est. Revenue
Amount
101 60 101 s 10.000 00
fotal Estimated Additional Revenue: $ 10.000.00
Cuftent 2021 -2022 Estimated Revenue:
Adiusted Total Estimated Revenue: $ 10.000.00
Signature Date:
Date:Director's Signature
Finance Director's Signature
\\nas1 \shared\Forms Templates
Date:
141
FCOG Admin Consultant Cost
Clovis
County
Fresno*
Coalinga
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Mendota
Orange Cove
Parlier
Reedley
Sanger*
San Joaquin
Selma
N/AN/A
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
5,000 $
144,091
238,992
116,296
116,296
116,296
116,296
116,296
116,296
116,296
116,296
116,296
116,296
1 16,296
116,296
116,296
The totals above are amounts not to exceed by participating jurisdiction within the proposed consultant contract, and assume that an initial study and negative declaration will be prepared for each jurisdiction. lf during the course of the project it is determined that an addendum to the jurisdiction's general plan EIR is more appropriate, rather than an initial study and negative declaration, the not to exceed amount will be reduced accordingly.
*Fresno and Sanger City Councils taking action on final recommendation to participate in the MJHE in April.
TOTAL COST
(Consultant Cosf +
FCOG Admin)
N/A
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
149,091
243,992
121,296
121,296
121,296
121,296
121,296
121,296
121,296
121,296
121,296
121,296
121,296
121,296
121,296
6th Cycle MJHE Cost Sharing Arrangement
Total $ 75,000 $ 1,994,931 $ 1,969,931
142
For the Meeting of: Apr1,21,2022
Agenda Item No.:
CrrYoF SINGER
RE,PORTTO THE, CITY COUNCIL
w-s
To:
From:
Subject:
Attachment:
1. Consultant Services Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
1. Award a Consultant Services Agreement for Water and Sewer Financial Analysis and Rate Study to IGService; and
2. Authorize the City Manager to sign the agreement on behalf of the City.
EXECUTIVE SUMMARY:
On March 2,2022 the City released a Request for Qualifications (RFQ) for water and sewer financial analysis and rate studies. The responses were due March 25,2022. Four consulting firms responded to the RFQ. The four RFQ packages were reviewed by staff and all four firms were found to be qualified to perform the requested services. Of the four firms, staff is recommending IGService to perform the analysis and rate studies.
BACKG ROUND:
The City of Sanger operates three separate Enterprise Funds, Sewer, Water, and Disposal, respectively.
The user rates for sewer and water have not been increased in over ten years. The last rate increases for Ptepated by: Approved
REVIEW: City Finance: CityAttorney' dn--
Mayor and the City Council
John Mulligan, Public Works Director
Approve Award of Consultant Services Agreement for Water and Sewer Financial Analysis and Rate Study
(
C
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
X
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
Public Headng
Matter Initiated by a Council Member
Other
Continued to:
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both sewer and water were performed by City staff and did not include in-depth analysis of the operations, users, and rate structures. The proposed financial services will include a thorough analysis of the operations and current rate structures to determine if they are not only fair and equitable but also sufficient to cover the growing operational and capital expenses. The consultant will also assist the City with meeting the complex legal requirements of Proposition 218 and attend related City Council meetings to ensure that the City Council and the public understand the need for possible rate increases.
The Water Division currently has a tiered rate system in place based upon consumption and meter fees.
The variable portion of the rates increase as more water is utilized. There is also a fixed component that is based upon the water meter size. The methodology utilized to create the tiers was calculated decades ago and may no longer be valid. The schools are also calculated based upon average daily attendance.
The proposed rate study will ensure that the new rate system is legally defensible and fair. The Water Division has ongoing infrastructure needs as well as implementation of the Sustainable Groundwater Management Act, debt service, and water treatment.
The Sewer Division is made up of two waste water treatment plants, Domestic and Industrial, respectively. Both plants are aged and in need of extensive upgrades andlor replacement. Like the water rates, the methodology for calculating the current rates was performed decades ago. The residential rates are fixed and are not based upon effluent quantity or characteristics. The commercial rates have tiers based upon effluent strength and quantity used. The industrial rates are based upon quantity used and the effluent BOD and TSS strength. The last rate increases did not consider the large poultry processing plant which now accounts for nearly half the total daily flows of both the Domestic and Industrial treatment plants combined. The Sewer Division also has multiple bond debts to service.
The RFQ was sent to six consulting firms and also posted on the City's website. Four firms replied to the RFQ. All four were found to be qualified to perform the requested services and have performed similar services for like-sized cities. However, the proposed project budgets varied materially. The four firms and their respective proposed budget amounts are as follows:
IGService - Walnut Creek, CA: $39,000 (not to exceed amount) Lechowicz & Tseng Municipal Consultants - Alameda, CA $63,420 (includes Prop. 218 fee) NBS - Temecula, CA $72,290
RDN - Santa Barbara, CA $72,070 (not to exceed amount)
Of the four firms reviewed, IG Service has prior experience working for the City of Sanger performing required annual financial services related to all of the City's outstanding bond debt. The Principal for IGService is well versed in the financials of the Sewer and Water funds and has been reviewing the audited financials since 2013. IGService has also recently assisted staffwithproviding data forthe recent bond refinancing. IGService had the lowest per hour rate and overall proposed budget of all four of the respondents. With the extensive prior experience with the City of Sanger, the total billed hours will be lower than the other three firms. The proposals included total hours and rates as well rates for additional meetings and direct costs such as meals and lodging. City staff estimated the project cost of approximately $40,000 and about six months to complete.
REASON FOR RECOMMENDATION:
The staff review process has determined lGService to be the most qualified and responsive consulting firm to provide water and sewer financial analysis and rate studies for the City of Sanger. IGService has been providing financial services for the City for nearly a decade and is well versed in analyzing the enterprise 144
funds. This will allow the project to move quickly while minimizing staff time providing data and feedback.
Unlike the others, The Prinoipal for IGService will also attend all meetings in person rather than virtual.
F'ISCAL IMPACT:
The services provided under this agreement will be split between the Water and Sewer Enterprise Funds. The hourly rate for IG Service is $185 per hour plus direct costs such as travel, meals, lodging. The total cost is estimated to be $40,000 which would come from Professional Services - 6290 in the FY 21122 budget. This will be a not to exceed amount and the billing will be detailed with time and tasks on each invoice similar to the scope in the Agreement.
ALTERNATIVES:
The City Council can reject the staf|s recommendation and direct Staff to recirculate another RFQ ACTIONS FOLLOWING APPROVAL:
The attached Consultant Services Agreement will be executed, subject to the consultant providing the required insurance information.
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I
ATTACHMENT 1
146
CITY OF SANGER
CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement ("Agreement") is entered into between the CITY OF SANGER, a California general law city ("City") and Interstate Gas Services, Inc, DBA as IGS or IGService ("Consultant"). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant ("Effective Date").
RECITALS
A. City has sought, by a Request for Proposals, to select a consultant to provide Water and Sewer financial analysis and perform rates studies for Water and Sewer.
B. Consultant submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Qualifications and this Agreement.
C. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.
D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the ooscope of Services" set forth in Exhibit "A" attached hereto and incorporated by reference herein, and as may be revised by mutual agreement of the parties. Consultant warrants that it is qualified to perform the Services under this Agreement.
Consultant shall be familiar with and shall comply with all State and Federal laws and regulations applicable to the work to be performed under this Agreement.
2. Commencement of Services: Term of Agreement. Consultant shall commence the Services upon City's issuance of a written "Notice to Proceed" and shall continue with the Services until Consultant, as determined by City, has satisfactorily performed and completed the Services, or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
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(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A," unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.
3. Compensation for Services. City shall compensate Consultant for renderins the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant per monthly invoice. Both parties agree that Consultant's proposal to complete the Services shall not exceed $39,000.00 and that timing for completion shall be agreed upon between City and Consultant to meet the requirements of City
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and sub-consultant contracts. (c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.
5. Standard of Care. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any) are now, and will be throughout their perfonnance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement.
Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.
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6. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld.
Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
8. Act on Behalf of Ci Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authofization.
9. Record Keeping: Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and five (5) copies of all final reports prepared by Consultant under this Agreement.
10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties not already presented to the Sanger City Council without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement. 1 1. Confidentiality. All data, reports, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information J
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in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. City Name and Logo. Consultant shall not use City's rulme or insignia, photographs relating to the City projects for which Consultant's services are rendered, or any publicity pertaining to the Consultant's seryices under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perforrn non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
15. Citv Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.
City reserves the right to employ other consultants in connection with the Services.
16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a. Termination bv Without Cause. This Agreement may be terminated by City at its disuetion upon thirty (30) days prior written notice to Consultant. b. Termination bv City or Consultant: For Cause. Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure to cure within that time period.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in 4 150
no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant's failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.
17. Insurance. Consultant shall obtain and maintain in full force and effect during the term ofthis Agreement the insurance policies set forth in Exhibit "8" attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content.
Consultant shall provide City with copies of required certificates of insurance upon request.
18. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attomey fees and costs of litigation) of every nature arising out of the acts, elrors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Consultant or its subcontractors relating to the performance of Services described herein. Consultant's duty to defend and indemnifu City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.
Consultant's duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense andlor indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.
19. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the 5 151
payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
20. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, or sent by email provided confirmation is received from the other party, addressed as follows:
To City: Dan Bergmann
IGService
15 Shasta Lane
Walnut Creek, CA94597
Email: [email protected]
Tim Chapa To Consultant:
City of Sanger
1700 7th Street
Sanger, CA93637
Email : tchapa@ci. san ger. ca.us
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
21. Entire Agreement. This Agreement, including the attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
22. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit ofthe parties hereto and their respective successors and assigns.
23. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
24. Severabilit)'. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party's anticipated benefits.
25. Annlicable Law and T and Venue This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California.
Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
26. Attorneys Fees. If either 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 attorneys' fees and legal expenses.
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27. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
28. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
29. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
30. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
31. Compliance with All Laws. 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 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.
Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below
IGSERVICE CITY OF SANGER
By: By
Dan Bergmann, P.E., President Tim Chapa, City Manager
Date Date:
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EXHIBIT A
SCOPE OF SERVICES
IGS Scope and Budget for Water and Sewer Rate Studies For Gity of Sanger Araas and Budgeted Tiflp Hrs. Rate T
Vlsit #1: lnitial meeting time and collection of data and accounting reports for study.
Discuss capital improvement plans for the next live years with staff/engineer. I Create Revenue, Expense, and Fund Balance history to include last five years of operation consistent with audited linancials. Determine available vs restricted cash. '12
Prepare live year projeclion of expenses, including anticipated ClP. Work with staff regarding projected increases. 12
Process and segment detailed individual customer billing data for the last full liscal year.
Confirm consistency wilh financial reports. Sewer and water. '12
Calculate water system balance: Water metered in vs water metered out. Anallze for metering and billing problems. I
Create costof-seMce models for both water and sewer. For water consider SGIvI\ For Sewer consider impact of the few large customers and cunent waslewaler trealment process. Conlirm both models using existing flow and revenue results. 24 Visit #2: Follo\ r up visit for clarification of data and apparent results. Discuss potential approaches to revenue and rales. I
4 I
4 I
24 I
3 I
Consider drought scenarios in rale options.
Create Rate Options meeting revenue requirement. Provide comparison to old rales, and cost differences.
Provide water and se/ver rale comparisons lo nearby communities Vlsit #3: Present lindings and recommended changes to management.
Report writing
Visit #4: Council slide preparation and presentation at City Council l\/eeting. Request aulhorizalion for staffto issue Prop 218 notice
Prop 218 notice support
Visit #5: Rate Hearing following 45 day notice: Council slide preparation and presentation at City Council
Billing Hours 151 $185
'l
2 3
4 5
Epenses*
Combined Driving, Mleage, and Lodging
Combined Driving, Mleage, and Lodging
Combined Driving, Mleage, and Lodging
Combined Driving, Mleage, and Lodging
Combined Driving, Mleage, and Lodging
$888
s888
$888
$888
$888
Travel Expenses
Total EstinEted Budget
Contingency
Rounding
20o/o
$1
Not-to-Exceed Amunt*
Travel Expense Dgtail
Driving Time
Mleage
Lodg'ng per night, if needed not to exceed
Combined driving, mileage, lodging (rounded)
7 380
$75
Some tasks may take more time, and some less. The maximum cost for work shall be by the Total Not-to-Exceed Arnount.
$0.56
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A.
EXHIBIT B
INSURANCE
Insurance Requirements
i. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant's general liability policies shall be endorsed using Insurance Services Ofhce form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided by the City.
iii. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.
Business Automobile Liability
i. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISP Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
Workers' Compensation and Employers' Liability
i. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employers' Liability Insurance with limits of at least one million dollars ($1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher.
B
C
D
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For the Meeting of: Apd 21,,2022
Agenda Item No.
[4-+
CrrY oF SINGER
RE,PORT TO THE CITY COUNCIL
To:
From:
Subject:
Attachments: 1) Resolution Nofg_lr:lY
2) Resolution NoAeD-35
3) Engineer's Report
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council:
Mayor and Council Members
John F. Mulligan, Public Works Director
Resolution Accepting and Approving the Engineer's Report for Sanger Landscaping and Lighting Maintenance District No. 1; A Resolution of Intention to Levy and Collect Assessments for Maintenance within Sanger Landscaping and Lighting Maintenance District No. 1; and Setting the Public Hearing for June 16, 2022.
1. Approve Resolution No222=11], a Resolution accepting the Engineer's Report; and
2. Approve Resolution NoJgl:_,n<, a Resolution of Intention to levy and collect assessments for the maintenance within the Sanger Landscaping Lighting Maintenance District No.l; and set the Public Hearing for June 16,2022 at 6:00 pm.
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.1 (LLMD No. 1) was Ptepared by: Approved
REVIEW: City Finance: Citv Attornev:C
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION -x-X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Headng
Matter Initiated by a Council Membet
Othet
Continued to:
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established in 1990 and was amended with the passage of Proposition 218 in 1997. The assessment funds collected in LLMD No.1 are used primarily for the energizing of street lights within the LLMD No.1 boundaries.
BACKGROUND:
In 1990, the City Council established the Sanger Landscape and Lighting Maintenance District No.1, for the purpose of maintaining all City parks, landscaped public 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, city landscaping and parks. These costs were recognized as costs that directly benefit property owners by increasing the value of their property. Adequate street lighting increases safety and decreases crime.
Well-kept parks and landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.
Until 1990, street lighting, park and landscaping maintenance costs were borne by general property taxes However, this type of service is more appropriately considered a direct benefit to the property that is served, and is not considered to be the most appropriate use of general property tax funds.
After limitations were placed on the amount of taxes which could be collected, (Proposition 13), many cities began using the Landscaping and Lighting Act to properly divide costs which should be borne by the property owner from costs to be paid for by general taxes.
Due to the passage of proposition2l8, additional limits have been placed on what can be collected under the Landscaping and Lighting Act of 1972. As a result, the City of Sanger collects only enough funds to cover the majority of the street lighting costs within LLMD No.land has not decided to pursue the Proposition 218 voting process required to increase the fee to cover additional expenses related to the maintenance of the LLMD No.1.
The attached resolutions continue the process for the City to provide a public hearing for the purpose of discussing the proposed collection of the annual assessment for the Sanger Landscaping and Lighting Maintenance DistrictNo.l. At the council's meeting held March 17,2022, the City Council approved Resolution No. 2022-17 requesting the City Engineer to prepare a report that details the work that will be provided through revenues received from the landscaping and lighting assessments. This staff report contains the engineer's reports as approved by the City Engineer (Appendix A) and aresolution recommending its acceptance. The second resolution states the council's intent to levy an annual assessment and set a public hearing to receive public comment regarding the levying of the assessment.
The public hearing has been tentatively set for June 16, 2022 so as to provide an opportunity for residents to voice their support or opposition to the proposed assessment.
Approving the resolutions does not implement the assessment, it only continues the process for further discussion. The City Council will make their final decision on this matter tentatively at their June 16, 2022 City Council meeting after the public hearing for this particular item is complete.
REASON FOR 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 qualrty of life and directly affects the actual property values of homes and businesses located in the City of Sanger.
157
FISCAL IMPACT:
Anticipated revenues generated for street lighting costs will be approximately $140,969.00.
ALTERNATIVES:
One alternative is to eliminate the assessment and absorb the additional expenditures into the appropriate division budget within the General Fund. These funds are used primarily to pay electricity for the streetlights so the options are limited.
ACTIONS F'OLLOWING APPROVAL:
Staffwill prepare the necessary documents to notify the public of the June 16, 2022Public Hearing and prepare the required documentation for the City Council meeting. This item is time sensitive. 158
ATTACHMENT #1
159
RESoLUTToN No. 2o l>-
A RESOLUTION OF THE CITY OF SANGER
ACCEPTING THE ENGINEER'S REPORT FOR
SANGER LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. I
WHEREAS, on March 17,2022, this City Council adopted Resolution No.2022-17 , a Resolution Initiating Proceedings, in which certain improvements were referred to the City Engineer for the pu{pose of making and filing a Report in writing under and in pursuant to the Landscaping and Lighting Act of 1972, for fiscal year 2022-2023 arcnal assessment; and WHEREAS, further documentation is contained in the staff report incorporated herein by reference as Attachment 3.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sanger, that the report of the City Engineer, a copy of which is on file with the City Clerk, is hereby ordered received and approved.
* * !F * * {. :* * * tF rl. * rl. t :F * {. rl. rl. * * * 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 for the City of Sanger, California, at a regular meeting held on the 21't of April, 2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COLINCIL MEMBERS:
COUNCIL MEMBERS:
COTINCIL MEMBERS:
COUNCIL MEMBERS:
Rebeca P. Ramirez, City Clerk
160
ATTACHMENT #2
161
RESOLUTTONNO., o}I-35
A RESOLUTION OF THE CITY OF SANGER OF INTENTION
TO LEVY AND COLLECT ASSESSMENTS FOR THE MAINTENANCE WITHIN THE SANGER LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AND
SETTING A PUBLIC HEARING
WHEREAS, the City Council of the City of Sanger initiated proceedings to levy annual assessments for Sanger Landscaping and Lighting Maintenance District No. I on March 17,2022, and directed the City Engineer to prepare and file his report with the City Council in accordance with Article 4 of Chapter 1 of the Streets and Highways Code, commencing at Section 22565 (the "Landscaping and Lighting Act of 1972); and
WHEREAS, the City Engineer filed his report with the City Clerk as directed, and the City Council reviewed and approved the Report. The Report is on file with the Sanger City Clerk; and WHEREAS, further documentation is contained in the staff report incorporated herein by reference as Appendix A.
NOW, THEREFORE, BE IT RESOLVED, thatthe City Council of the City of Sanger, State of California hereby recommends that the City of Sanger as follows:
l. The public interest, convenience and necessity require and the City Council intends to levy and collect assessments for the maintenance of public lighting facilities, landscaping and improvements in the Sanger Landscaping and Lighting Maintenance DistrictNo. 1, as described in the Engineer's Report and as provided in the Landscaping and Lighting Act of 1972 for fiscal year 2022-23.
2. The improvements for which the assessments are to be levied and collected include the maintenance and energizing of all public street lights within the City right of ways within the incorporated boundaries of the City of Sanger within the Sanger Landscaping and Lighting Maintenance District No. 1 .
3. This assessment district is known as "Sanger Landscaping and Lighting Maintenance District No.1," and is located congruent with the boundaries of the City of Sanger, Califomia.
4. A full and detailed description of the improvements, the boundaries of the assessment district and any zones therein and the proposed assessments upon the assessed lots and parcels of land within the District are as set forth in the Report of the City Engineer on file with the City Clerk.
5. The proposed assessment will be used exclusively for the operation and maintenance expenses of the improvements for which the assessments are to be levied for the entire City of Sanger.
6. The proposed assessment is maintained at the previous year's assessment of $29.00 (twenty-nine dollars).
162
7. A Public Hearing before the City Council of the City of Sanger is hereby set for 6:00 P.M. on the 16ft day of June ,2022,in the Council Chambers of Sanger City Hall, 1700 7ft Street, Sanger, Califomia" on the levy of proposed assessments for fiscal year 2022-23. All interested persons shall be afforded an opportunity to hear and be heard on the proposed assessment.
8. Any interested person may, prior to the conclusion of the hearing, file a written protest with the Clerk, or having previously filed such a protest, may file a written withdrawal of that protest. All written protests shall state all grounds of rejection. A protest by a property owner shall contain a description sufficient to identifu the property owned by him/trer. ,t !t * *. * {. r1. * *. * {. *,1. * {. * *,f ,S {. r1. * I hereby certi$r that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, Califomia, at aregular meeting held on the 2lst day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COI.]NCIL MEMBERS:
Rebeca P. Ramirez, City Clerk
163
ATTACHMENT #3
164
City of Sanger
Sanger Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
For Fiscal Year 2022 - 2023
Yamabe & Horn Engineering, Inc.
2985 North Burl Ave, Suite l0l
Fresno, Califor nia 937 27
April2022
165
Assessment Report
Index
Engineer's Report Submittals Statement
Part I
Cost Summary
Description of Work
Part II
Proposed Boundary
Part III
Assessment Procedure
6 7
t-4
11 9
166
Assessment
City of Sanger State of California
Whereas, on March 17,2022, the City Council of the City of Sanger, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, California Streets and Highways Code Section22500 et seq., adopted its Resolution No. 2022-17, Resolution Initiating Proceedings for the purpose of levying and collecting assessments to defray the costs of maintaining the street lighting and City landscaping in the public Right of Way in the City of Sanger, more particularly therein described;
Whereas, said Resolution of Intention directed the City Engineer of the City Sanger to prepare and file a report in accordance with Article 4 Chapter 1 of the Streets and Highways 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 to which Resolution of Intention reference is hereby made for further particulars. The improvements shall consist of the maintenance of all of the street lighting facilities and landscape maintenance areas in the public right-of-way.
Now, Therefore, I, Joshua D. Rogers, Engineer of said Assessment District No.l by virtue of the power vested in me under said act and the order of the City Council of the City of Sanger, hereby make the following assessment to cover the portion of the estimated cost of said work and improvement pursuant to the plans and specifications presently on file with the City Clerk of the City of Sanger and in the Department of Public Works of the City of Sanger and incorporated herein by reference and the costs and expenses incidental thereto to be paid by the assessment district set forth in Part I of this report.
1 167
As required by this Act, Assessment Diagram of the City of Sanger Landscaping and Lighting Maintenance District No.l shows the assessment district and the boundaries of land within said district as they existed at the time of the passage of the Resolution of Intent, each subdivision of land having been given a separate number reference to County of Fresno Tax Assessor's Parcel Number.
I do hereby assess and apportion said total amount ofthe costs and expenses ofthe proposed improvement upon the several subdivisions of land liable therefore and benefited thereby all as is more particularly set forth in the assessment roll attached hereto and incorporated herein; and that the numbers of said assessment roll correspond with the number upon the referenced County of Fresno's Assessor's Parcels maps. Said assessment is made upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision respectively from the improvement. For a more particular description of said property, reference is made to the assessment roll and the deeds and maps on file and of record in the office of the County Recorder of Fresno County and to the notes of said Boundary Description as set forth in the map of the proposed Boundaries of City of Sanger Landscaping and Lighting Maintenance District No.1, contained in this assessment report.
Dated: April2I,2022
Joshua D. Rogers, City Engineer
City of Sanger
2 168
I, Rebeca P. Ramirez, the City Clerk of the City of Sanger, do hereby certify that the foregoing assessment, together with the assessment diagram of the City of Sanger Landscaping and Lighting Maintenance District No. 1, attached thereto, was filed with me on the 21st day of April,2022.
Rebeca P. Ramirez
City Clerk
I, Rebeca P. Ramirez, the City Clerk of the City of Sanger, do hereby certify that the foregoing assessment, together with the assessment diagram of the City of Sanger Landscaping and Lighting Maintenance District No. 1, attached thereto, was approved and confirmed by the City Council on the 2l't day of April, 2022.
Rebeca P. Ramirez
City Clerk
J
169
I, John F. Mulligan, The Director of Public Works and ex officio Superintendent of Streets of the City of Sanger, do hereby certify that the foregoing assessment, together with the assessment diagram of the Sanger Landscaping and Lighting Maintenance District No. I attached thereto, was recorded with me on the 2l't day of April, 2022.
John F. Mulligan
Public Works Director and
ex officio Superintendent of Streets
4 170
Part I
Cost Summary
Description of Work
171
Cost Summary
Landscaping and Lighting Maintenance Costs
(plus incidentals- see note)
Total Assessable Parcels less multi-family
single parcels & Unimproved
parcels
Plus
Multi-family single parcel
Assessments
$170,000
4,680
l8l
Total number of $29 assessments $29x4,861 : $136,851
Total revenue from Sanger Landscaping
and Lighting Maintenance District No. 1 $ 140,969
Note: The current assessment rate of $29 per parcel no longer covers the actual costs incurred and the rates have not been increased since 1997-98 tax year. $170,000 represents the estimated annualized PG&E billings for the streetlights located within Area No.l only. Landscaping and maintenance costs and additional PG&E expenses are funded by other sources and are not calculated for this report as the revenue assessed is insufficient to coverthe expenses. Increasing the current rate requires full Proposition 218 process compliance. 6 172
City of Sanger Landscaping and Lighting Maintenance District No. L Description of Work
l) Landscaping and irrigation system maintenance/repair in median islands located in the public right of way.
2) Lighting for island medians within the city limits of the City of Sanger 3) Maintenance and energizing for lighting standards and traffic signals within the city limits of the City of Sanger.
4) Items 1 - 3 above only apply to the boundaries defined in Landscaping and Lighting Maintenance District No.l and do not include the areas defined as Landscaping and Lighting Maintenance District No.2.
7 173
Part II
Proposed Boundary Map
8 174
P
of
boundary of
city
Lighting No. 1, is with t
tn le Sanger Landscaping
CITY OF SANGER
Landscape and Lighting District 1 and 2
5425
5X14
5X31 5lt9
5172
#
5166 *#
5536
'ai)a54It4
$t7 5ot l
3114
5286
""s
5l?9
LEGEI\ID J44t
tTtlill
m
ilii
re]irrfl
',:li "" I
ffi iilLt I
n-
Lti
fil
iffi
-T;
LJJ
FI_IFTI;rlijl I
m
rutil
IAN-DSft.PEAND T,ICHIING DISTRII.-T. 2
(ARL,! li
T,ANDSCAFE AND I,]GHTING DISTR]CT - 2
(AREA?)
N(}l5: ALt OTIIER PARCELS WITIIIN CIIY
LIMITI}ARE LOCATED INTHB I,AIqDSCAIE
AND LIOIITING DISTRICT 1
SX.e l'.ld
175
Part III
Assessment Procedure
10 176
Assessment Procedure
The Landscaping and Lighting Maintenance District No.1 boundaries coincide with the city limits of the City of Sanger excluding the area defined in Landscaping and Lighting Maintenance District No.2.
Most of the current maintenance of public right of way is managed by City staff and expensed to the General Fund. The estimated cost per street light per month is approximately ten dollars ($10.00). The annual estimated total street lighting electrical costs, not including maintenance such as bulbs, lenses, photo sensors, and copper wiring is over $170,000 which is greater than the current proposed assessment of $ 136,851 .
There are approximately 4,834 parcels within the Assessment District 1 located in Sanger city limits. Of this total, approximately 94 are excluded from the assessment until they are developed.
There are26 churches and 1 1 parcels classified as agricultural that are exempt from the assessment.
There are also approximately 16 lots that contain 5 or more multiple family dwelling units.
Parcels with five or more family units are assessed at increments of 1 assessment for each 5 family units. This results in a total of 181 multiple assessments.
Parcels belonging to Federal or State govemment agencies, or another local agency are excluded from any assessment.
The total number of $29 assessments is 4,703 for total revenue of approximately $140,969 for the Sanger Landscaping and Lighting District No. 1.
(Note: Through the assessment process and working with the County of Fresno, CA, some additional parcels may be identified and others may be removed due to parcel splits, parcel improvements, timing of data, etc. which will have minor impacts on the total revenue for the assessment district. This explains the reference to approximate numbers used in this report). 1l
177
RS ANCe
r-ril-----t
For the Meeting of: April21,2022
Agenda Item No.:
CrrYoF SINGER
REPORT TO THE, CIry COUNCIL
l+-g
To:
From:
Subject:
Mayor and Council Members
John F. Mulligan, Public Works Director
Resolution Accepting and Approving the Engineer's Report for Sanger Landscaping and Lighting Maintenance District No.2; A Resolution of Intention to Levy and Collect Assessments for Maintenance within Sanger landscaping and Lighting Maintenance District No. 2; and Setting the Public Hearing for June 16, 2022
Attachments: 1) Resolution r?e)):l G
2) Resolution 2oD,4')
3) Engineer's Report '
CONFLICT OF INTEREST:
None known
RECOMMENDATION
That the City Council:
1. Approve Resolution No@l3b , a Resolution Accepting the Engineer's Report; and
2. Approve Resolution No.4ru.42, a Resolution of Intention to levy and collect assessments for the maintenance within the Sanger Landscaping Lighting Maintenance District No. 2; and set a Public Hearing for June 16,2022 at 6:00 pm.
EXECUTIVE SUMMARY:
The City of Sanger has two established Landscaping and Lighting Maintenance Districts that were established to maintain public landscaped areas, block walls, and streetlight operation and maintenance.
Sanger Landscaping and Lighting Maintenance District No.2 (LLMD No. 2) was established in2004 to Ptepared by: Apptoved
REVIEW: City Finance: Citv Attornev:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
X
Consent
Info Item
Action Item
Depaftment Report
Redevelopment Agency
Public Headng
Matter Initiated by a Council Membet
Other
Continued to:
178
cover the cost of maintaining all 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 City public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts.
BACKGROUND:
On April 1,2004 the Sanger City Council established the Sanger Landscape and Lighting Maintenance District No. 2 (LLMD No. 2) to levy and collect assessments to cover the cost of maintaining all streetlights,landscaping, and inigation 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 City public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts.
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.
The attached resolutions continue the process for the City to provide a public hearing for the purpose of discussing the proposed collection of the annual assessments to defray the cost of maintaining the street lighting, and landscaping within the City right-of-way. On March 17,2022, the City Council approved Resolution No. 2022-18, initiating proceedings to levy the annual assessment for the Sanger Landscaping and Lighting Maintenance District No. 2, which directed 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 if needed using an inflation escalator based upon the Consumer Price Index. This staff report contains the Engineer's Report as submitted by the City Engineer and a resolution recommending its acceptance. The second resolution states the City Council's intent to levy an annual assessment and sets a public hearing to receive public comment regarding the levying of the assessment.
The public hearing has been set for June 16, 2022 so as to provide an opportunity for residents to voice their support or opposition to the proposed assessment.
Approving the resolutions does not implement the assessment; it only continues the process for further discussion. The Council will make their final decision on this matter at their June 16, 2022 meeting.
REASON FOR RECOMMENDATION:
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 area. Street lighting and well maintained landscaping increases safety and the qualrty of life and directly affects the actual property values of homes and businesses located in the City of Sanger.
FISCAL IMPACT:
The anticipated revenues are generated to maintain city parks, landscaped areas, block walls, and streetlight operation and maintenance costs within the LLMD No. 2 and will be approximately $200,404. 179
ALTERNATIVES:
One alternative is to eliminate the assessment and absorb the expenditures into the appropriate division budget within the General Fund. Cunently a majority of the revenue is utilized to offset a landscaping contract that would then be expensed to the General Fund or the contract would be eliminated and the work performed by City labor and/or volunteers. The costs for all other related items would be expensed to the General Fund.
ACTIONS FOLLOWING APPROVAL:
Staff will prepare the necessary documents to notiff the public of the June 16, 2022Public Hearing and required documents for the City Council meeting. This item is time sensitive. 180
ATTACHMENT 1
181
RESOLUTION NO. )o >' 3tc
A RESOLUTION OF THE CITY OF SANGER
ACCEPTING THE ENGINEER'S REPORT FOR
SANGER LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 2
WHEREAS, on March 17,2022, this City Council adopted Resolution No. 2022-18, a Resolution Initiating Proceedings to levy the annual assessment for the Sanger Landscaping and Lighting Maintenance District No. 2, in which certain improvements were referred to the City Engineer for the purpose of making and filing a Report in writing under and in pursuant to the Landscaping and Lighting Act of 1972, for fiscal year 2022-2023 annual assessment; and WHEREAS, further documentation is contained in the staff report incorporated herein by reference as Attachment 3.
NOW, THEREFORE, IT IS RESOLVED that the report of the City Engineer, a copy of which is on file with the City Clerk, is hereby ordered received and approved by the City Council. * rl. * * * :1. * {. * * *,1. *. * * {< * * * rl. *( *
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 for the City of Sanger, California, at a regular meeting held on the 21't day of April,2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COLINCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Rebeca P. Ramirez, City Clerk
182
ATTACHMENT 2
183
RESOLUTION NO. 2ot>-3J
A RESOLUTION OF THE CITY OF SANGER
OF INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR THE MAINTENANCE WITHIN
THE SANGER LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 2
WHEREAS, on March 17,2022, the City Council of the City of Sanger initiated proceedings to levy annual assessments for Sanger Landscaping and Lighting Maintenance District No. 2, and directed the City Engineer to prepare and flle his report with the City Council in accordance with Article 4 of Chapter I of the Streets and Highways Code, commencing at Section 22565 (the "Landscaping and Lighting Act of 1972); and
WHEREAS, the City Engineer filed his report with the City Clerk as directed, and the City Council reviewed and approved the Report. The Report is on file with the Sanger City Clerk; and WHEREAS, further documentation is contained in the staff report incorporated herein by reference as Attachment 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
1. The public interest, convenience and necessity require and the City Council intends to levy and collect assessments for the maintenance of public lighting facilities, landscaping and improvements in the Sanger Landscaping and Lighting Maintenance DistrictNo.2,as described in the Engineer's Report and as provided in the Landscaping and Lighting Act of 1972 for fiscal year 2022-23.
2. The improvements for which the assessments are to be levied and collected include the cost of maintaining all streetlights, landscaping, and irrigation systems within the Sanger Landscaping and Lighting Maintenance District No. 2 City public right-of-way, and include the cost of maintaining special amenities located within the Sanger Landscaping and Lighting Maintenance District No. 2 City public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts;
3. This assessment district is known as "Sanger Landscaping and Lighting Maintenance District No. 2," and is located within the city limits of the City of Sanger, California.
4. A full and detailed description of the improvements, the boundaries of the assessment district and any zones therein and the proposed assessments upon the assessed lots and parcels of land within the District are as set forth in the Report of the City Engineer on file with the City Clerk;
5. The proposed assessment will be used exclusively for the operation and maintenance expenses of the improvements for which the assessments are to be levied located in the City public right-of- way within Area 1, and Area 2, Sanger Landscaping and Lighting Maintenance District No. 2, all within the city limits of the City of Sanger.
184
6. The proposed assessment is $116.00 (one hundred sixteen dollars) for Area I and $40.00 (forty dollars) for Area 2. Assessments may be increased each year if needed using an inflation escalator based upon the Consumer Price Index, California, All Urban Consumers, for each year.
7. A Public Hearing before the City Council of the City of Sanger is hereby set for 6:00 P.M. on the 16ft day of July,2022, in the Council Chambers of Sanger City Hall, 1700 7t' Street, Sanger, Califomia on the levy of proposed assessments for fiscal year 2022-23. All interested persons shall be afforded an opportunity to hear and be heard on the proposed assessment.
8. Any interested person may, prior to the conclusion of the hearing, file a written protest with the Clerk, or having previously filed such a protest, may file a written withdrawal of that protest. All written protests shall state all grounds of rejection. A protest by a property owner shall contain a description sufficient to identifr the property owned by himftrer. * !S * :* rl.,t {. * rF t * :F :f :l. rt * :* t r* !t * {.
I hereby certifr that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 2l't day of April, 2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COLINCIL MEMBERS:
COUNCIL MEMBERS:
COI.INCIL MEMBERS:
Rebeca P. Ramirez, City Clerk
185
ATTACHMENT 3
186
City of Sanger
Sanger Landscaping and Lighting
Maintenance District No. 2
Engineerfs Report
For Fiscal Year 2022 - 2023
Yamabe & Horn Engineering, Inc.
2985 North Burl Ave, Suite 101
Fresno, California 93727
Nday 2022
187
Assessment Report
Index
Engineer's Report Submittals Statement
Part I
Cost Summary Area 1
Cost Summary Area2
Description of Work
Part II
Proposed Boundary
Part III
Assessment Procedure
Assessment Roll for Area I
Assessment Roll for Area2
l-5
11 13
t4
15 7
8 9
188
ASSESSMENT
City of Sanger State of California
Whereas, on March 17,2022,the City Council of the City of Sanger, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, California Streets and Highways Code Section22500 et seq., adopted Resolution No.2022-18, a Resolution Initiating Proceedings to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No. 2 for the purpose of collecting assessments to defray the costs of maintaining the street lighting, landscaping, and irrigation systems within the 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; more particularly therein described;
Whereas, said Resolution of Intention directed the City Engineer of the City of Sanger to prepare and file a report in accordance with Article 4 Chapter 1 of the Streets and Highways 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 to which Resolution of Intention reference is hereby made for further particulars. The improvements shall consist of the maintenance of the utilities, depreciation, and maintenance of all the street lighting facilities and landscape maintenance areas in the public right-of-way. The Resolution of Intention directed and ordered the City Engineer to ensure that the annual assessment established for all properties within the proposed assessment district covers the City's cost for maintenance, and related services.
I
189
Assessments may be increased each year if needed using an inflation escalator based upon the Consumer Price Index, California, All Urban Consumers, for each year.
Now, Therefore, I, Joshua D. Rogers, Engineer of said Assessment District No. 2 by virtue of the power vested in me under said act and the order of the City Council of the City of Sanger, hereby make the following assessment to cover the portion of the estimated cost of said work and improvement pursuant to the plans and specifications presently on file with the City Clerk of the City of Sanger and in the Department of Public Works of the City of Sanger and incorporated herein by reference and the costs and expenses incidental thereto to be paid by the assessment district set forth in this report.
As required by this Act, Assessment Diagram of the City of Sanger Landscaping and Lighting Maintenance District No. 2 shows the assessment district and the boundaries of land within said district as they existed at the time of the passage of the Resolution of Intent, each subdivision of land having been given a separate number reference to County of Fresno Tax Assessor's Parcel Number.
I do hereby assess and apportion said total amount ofthe costs and expenses of the proposed improvement upon the several subdivisions of land liable therefore and benefited thereby all as is more particularly set forth in the assessment roll attached hereto and incorporated herein. Said assessment is made upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision respectively from the improvement. For a more particular description of said property, reference is made to the maps on file and of record in the office of the County Recorder of Fresno County and to the notes of said Boundary Description as set forth in the map of the proposed Boundaries of City of Sanger Landscaping and Lighting 2 190
Maintenance District No. 2, contained in this assessment report.
Dated: April2l,2022
Joshua D. Rogers, Engineer
City of Sanger
a
J
191
I, Rebeca P. Ramirez, the City Clerk of the City of Sanger, do hereby certify that the foregoing assessment, together with the assessment diagram of the City of Sanger Landscaping and Lighting Maintenance District No. 2, attached thereto, was filed with me on the 21't day of Apri\2022.
Rebeca P. Ramirez
City Clerk
I, Rebeca P. Ramirez, the City Clerk of the City of Sanger, do hereby certify that the foregoing assessment, together with the assessment diagram of the City of Sanger Landscaping and Lighting Maintenance District No. 2, attached thereto, was approved and confirmed by the City Council on the 21't day of April 2022.
Rebeca P. Ramirez
City Clerk
4 192
I, John F. Mulligan, the Public Works Director and ex officio Superintendent of Streets of the City of Sanger, do hereby certifu that the foregoing assessment, together with the assessment diagram of the Sanger Landscaping and Lighting District No. 2 attached thereto, was recorded with me on the 21'tday of April,2022.
John F. Mulligan
Public Works Director and ex officio
Superintendent of Streets
5 193
PART I
COST SUMMARY
DESCRIPTION OF WORK
194
COST SUMMARY
AREA 1
Landscaping and Lighting Maintenance Costs:
Street Lighting (Electrical and Maintenance):
734lights x $10.88/month x 12 months
Landscaping - Contract Landscape Maintenance/Force Labor:
22tracts: $11,308 x 12 months
Wall, Basin Maintenance, Irrigation Repair
Total Costs
Total Parcels less multi-family
single parcels & Unimproved
parcels
Plus
Multi-family Parcel
Assessments
Total Parcels
l,699
r,699
$14s.16
$r 16.00
Total revenue from Sanger Landscaping
and Lighting District No.2
$1 l6 / parcel x 1,699 parcels :
0 $ 95,828.00
$ 135,696.00
$ 15,100.00
$246,624.00
$197,084.00
Cost per parcel 5246,624 I 1,699 parcels
Cunent Rate
7 195
Landscaping and Lighting Maintenance Costs:
Street Lighting (Electrical and Maintenance)
l8 lights x $11.O0/month x 12 months
Wall and Basin Maintenance
Total Costs
Total Parcels less multi-family
single parcels & Unimproved
parcels
Plus
Multi-family Parcel
Assessments
Total Parcels
Cost per parcel $3,876 / 83 parcels :
Current Rate
Total revenue from Sanger Landscaping
and Lighting District No.2
$40/parcel x 83 parcels:
COST SUMMARY
AREA 2
83 $40.00
$2,376.00
$ 1,500.00
$ 3,876.00
$3,320.00
0 83
$47.70
8 196
2)
1)
3)
SANGER LANDSCAPING AND LIGHTING DISTRICT NO. 2
DESCRIPTION OF WORK
Landscaping and irrigation systems located in the City public right-of-way within Area 1, and Area 2, Sanger Landscaping and Lighting Maintenance District No. 2, all within the city limits of the City of Sanger.
Maintenance of any special amenities located within the public right-of-way within Area 1 and Area 2, Sanger Landscaping and Lighting Maintenance District No. 2, all within the city limits of the City of Sanger.
Maintenance for lighting standards and traffic signals within Area 1 and Area 2, Sanger Landscaping and Lighting Maintenance District No. 2, all within the city limits of the City ofSanger.
9 197
PART II
PROPOSED BOLINDARY MAP
10 198
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are
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within the of city limits as shown on
District No. Area I Area 2
ment ram.
CITY OF SANGER
Landscape and Lighting District I and 2
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LANDSCS?EAND LIGHTING DISTRICT. ?
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199
PART III
ASSESSMENT PROCEDURE
200
The Assessment District boundaries for Area I and Area 2 of the Sanger Landscaping and Lighting District Maintenance No. 2 are all located within the city limits of the City of Sanger.
The following table summarizes, by area, the number of parcels within each area, the assessment charged to the area, and the total estimated cost of services within each area of the Sanger Landscaping and Lighting Maintenance District No. 2.
Area Total Parcels Assessment Total
Area I
Area2
Total
l,699
83 1,782
$116.00
$ 40.00
$197,084.00
$ 3,320.00
$200,404.00
The above table in Part I shows that the total landscaping and lighting maintenance cost, including incidental costs for all areas is$246,624.00.
Parcels with five or more family units are assessed at increments of 1 assessment for each 5 family units. This results in a total of 0 multiple assessments.
Parcels belonging to Federal or State govemment agencies, or another local agency are excluded from any assessment.
(Note: Through the assessment process and working with the County of Fresno, CA, some additional parcels may be identified and others may be removed due to parcel splits, parcel improvements, timing of data, etc. which will have minor impacts on the total revenue for the assessment district. This explains the refsrence to approximate numbers used in this report). 13 201
CITY OF SANGER
SANGER LANDSCAPING AND LIGHTING DISTRICT NO. 2
AREA 1
ASSESSMENT ROLL
TOTAL
APN #
TOTAL
ASSESSMENT
$6,844
8,236
8,468
4,176
12,528
8,816
9,960
7,772
9,976
7,424
7,424
8,932
8,120
21,692
7,ggg
6,844
3,828
10,672
24,012
6,380
7,076
10.440
TRACT
5166
5174
5179
5199
5201
s234
5240
5267
5286
5307
5323
5365
5372
s383
5404
5425
5426
5448
5460
5490
5536
5836
59 7t
73 36
108
76 85
67 86
64 64
77 70
187
68 59
JJ
92 207
55 60
90 1,787
<r,699>
88 $207,292 Total
<$197,084> Projected
$10,208 Diff.
Note: The difference of the Total vs Projected may be a result of vacant parcels, tax exempt parcels, and other tax related issues that will be resolved with Fresno County upon final data submission.
T4
202
CITY OF SANGER
SANGER LANDSCAPING AND LIGHTING DISTRICT NO. 2
AREA 2
ASSESSMENT ROLL
TOTAL
APN #
TOTAL
ASSESSMENT
$+o
800
440
2.040
$ 3,320
I
20 ll
51 83
TRACT
5069
s09l
5241
15 203