ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL LESS THAN 72 HOURS PRIOR TO A
REGULAR MEETING REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION, DURING NORMAL BUSINESS HOURS, AT THE CITY CLERK’S OFFICE & CITY HALL LOBBY LOCATED AT 1700 7TH STREET AND SANGER LIBRARY 1812 7TH STREET, SANGER, CA 93657. THE DOCUMENTS ARE ALSO AVAILABLE ON THE CITY’S WEBSITE, WWW.CI.SANGER.CA.US.
AGENDA
SANGER CITY COUNCIL
REGULAR MEETING
T
HURSDAY, JULY 7, 2022
6:00 P.M.
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
Pri
or to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag
Salute
Roll Call
C.
AGENDA AP PROVAL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS
1. In
troduction of new Firefighters Nicolas Boatman, Luke Gregerson, and Mackey West.
AVAILABLE FOR REVIEW 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S
OFFICE AND THE SANGER CITY HALL
LOBBY.
This meeting will be available for public viewing and participation through Zoom.
Weblink : https://us02web.zoom.us/j/87479935479
Telepho ne number: 1-669-900-9128
Meeting ID: 874 7993 5479
Public comment will be accepted in person, via Zoom, and by email at [email protected]. 1 City Council Agenda
July 7, 2022
E. P UBLIC FORUM
(This portion of the meeting is reserved for persons desiring to address the Council on any matter not otherwise on the agenda and within the jurisdiction of the City Council.
Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Councilmember or member of the staff. Speakers should limit their comments to three (3) minutes.)
F. CONSE NT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one mo tion and one vote. There will be no separate discussion of these items. If disc ussion is desired, a member of the audience or a Councilmember may request an item be re moved from the Consent Calendar and it will be considered separately.)
1. SUBJECT : Minutes of the Special and Regular City Council Meetings held on March 17, 2022.
RECOMMENDATIO N: That the City Council approve.
2. SUBJECT: Remote City Council Meetings under new Brown Act Requirements (AB361).
RECOMMENDATION: If t he City Council wishes to continue with remote teleconference meetings, Council needs to adopt Resolution No. 2022-57 reauthorizing remote teleconference public meetings by the City Council and all Boards, Commissions, and Standing Committees of the City in accordance with Assembly Bill 361.
3. SUBJECT:
Cancellation of the August 4, 2022 Regular City Council Meeting.
RECOMMENDATION: That the City Council vote to cancel the regular meeting scheduled for Thursday, August 4, 2022 due to an anticipated lack of agenda items.
4. SUBJECT:
Out of State Travel.
RECOMMENDATION: That the City Council authorize Out of State travel for City Manager Chapa to attend the ICMA Annual Conference in Columbus, OH September 17 – 21, 2022.
5. SUBJEC T: Letter of Support for CalRecycle Application.
RECOMMENDATION: That the City Council authorize the City Manager to sign a Letter of Support authorizing the County of Fresno to submit CalRecycle grant application for the Used Oil Payment Program on behalf of the City of Sanger.
6. SUBJEC T: CalRecycle SB1383 Local Assistance Grant Program.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-58 approving a budget amendment to the Fiscal Year 2021-2022 budget to record the receipt and appropriation of $39,578.00 from the Department of Resources Recycling and Recovery (CalRecycle) for the SB1383 Local Assistance Grant Program.
2 City Council Agenda
July 7, 2022
7. SUBJECT: O Street Reconstruction Project – North Avenue to 10th Street Contract Award.
RE COMMENDATION: That the City Council: 1) Award the contract for the project to Emmett Valley Construction, 9662 W. Kearney Blvd., Fresno, CA 937065, in the amount of $1,188,177.00, as lowest responsive and responsible bidder; 2) Approve a construction contingency for change orders in the amount of $118,818.00 (10%) for this project; 3) Authorize the City Manager to execute contract documents on behalf of the City; and 4) Approve a budget amendment to recognize additional federal STBG revenue for the project.
G. PUBL
IC HEARING
1. SUB JECT: Zoning Ordinance Amendment.
R ECOMMENDATION: That the City Council conduct a public hearing, waive the full reading and introduce Ordinance No. 2022-06 Amending Chapter 90 of the Sanger City Code.
H. D
EPARTMENT REP ORTS
1. SUB JECT: Sanger North Academy Corridor Enhanced Infrastructure Financing District (EIFD) Infrastructure Financing Plan (IFP).
REC OMMENDATION: That the City Council adopt Resolution No. 2022-59 to approve the Sanger North Academy Corridor Enhanced Infrastructure Financing District (EIFD) Infrastructure Financing Plan (IFP), the formation of the EIFD, and the allocation of the City’s Incremental Property Tax in such District pursuant to Government Code Section 53398.75 Et. Seq.
2. SUB
JECT: Small Municipal Separate Storm Sewer System (MS4).
R ECOMMENDATION: That the City Council conduct a public hearing, waive the full reading and introduce Ordinance No. 2022-07 Repealing Article V of Chapter 82 of the City of Sanger City Code and Adopting New Article V to Chapter 82 relating to Urban Stormwater Quality Management.
3. SUB
JECT: PG&E Easement – Muscat Avenue.
R ECOMMENDATION: That the City Council adopt Resolution No. 2022-60 approving Easement Deed LD#2214-22-10007, authorizing and directing the City Manager to take all action reasonably necessary to carry out the intent and purpose of the Resolution, including the execution of all documents, forms, or agreements subject to approval as to legal form by the City Attorney.
I. CI T
Y M ANAGER/STAFF COMMUNICATION
1. COVID-19 Update – informational only.
3 City Council Agenda
July 7, 2022
2. SUBJECT: Recission of Resolution No. 2020-13, the Proclamation of a Local Emergency due to the threat of the Novel Coronavirus (COVID-19).
RECOMMENDA TION: That the City Council adopt Resolution No. 2022-61 rescinding Resolution No. 2020-13 and thereby terminating the Proclamation of a Local Emergency related to COVID-19 and certain related Executive Orders issued by the Director of Emergency Services and ratified by the City Council.
J. MATTER S INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Council Members to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)
1. Consideration of a power outage plan per request from Councilmember Hurtado.
2. Consideration of a City food pantry per request from Councilmember Hurtado.
K. ADJOUR NME
NT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate at this meeting, please contact the City Cl erk’s Office at 559/876-6300 Ext 1350. Notification of 48 hours prior to the meeting will enable the City Clerk to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102.35.104 ADA Title II).
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 1st day of July 2022.
Rebeca P. Ramirez, City Clerk
4 F-l
MINUTES OF A SPECIAL MEETING OF THE SANGER CITY COLINCTL THURSDAY, MARCH 17, 2022
5:00 PM
COLINCIL CHAMBER
1700 7rH Street
Sanger, California 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 5:01 PM.
B. ROLL CALL
Present: Mayor Pro Tem Daniel Martinez, Councilmember Humberto Garza, Councilmember Esmeralda Hurtado, Councilmember Michael Montelongo
Absent: Mayor Eli Ontiveros
C. AGENDA APPROVAL
The Council by motion of Councilmember Garza approved the agenda as presented. The motion was seconded by Councilmember Hurtado and approved by the following vote:
AYES: MARTINEZ, GARZA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: ONTIVEROS
D. PUBLTC FOBI'M
None
E. CLOSED SESSION
The Council adjourned to Closed Session at 5:04 PM.
Mayor Eli Ontiveros arrived at approximately 5:15 PM and joined the Council in Closed Session. l. Pursuant to Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager, City Clerk/Deputy Personnel Officer, Fire Chief
Empl oyee Or ganizations : Sanger Firefi ghters Associati on
2. Pursuant to Government Code Section 54956.95
LIABILITY CLAIM
Claimant: Abdulia Reyes
Agency Claimed Against: City of Sanger
5 City Council Special Meeting Minutes
March 17,2022
3. Pursuant to Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 332-04, Muscat Avenue near K Street
City Negotiators: Tim Chapa, David Brletic
Negotiating Parties: Pacific Gas and Electric Corporation UnderNegotiation: Price andterms of payment
The Council reconvened their Special Meeting at 6:04 PM.
F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Hilda Cantu Montoy announced that after an investigation by the City's Claims Administrator, no evidence of negligence or liability was found on the City. On a vote of five to zero, the City Council voted to reject the claim.
G. ADJOURNMENT
Being no further business, the Council adjourned their Special Meeting at 6:05 PM.
ATTEST
Rebeca P. Ramirez, City Clerk
6 MINUTES OF THE REGULAR MEETING OF THE SANGER CITY COUNCIL THURSDAY, MARCH T7, 2022
6:00 P.M.
COI-INCIL CHAMBER
1700 7th Street, Sanger, California 93657
A. CALL TO ORDER
The Council called their meeting to order at 6:05 PM.
The Council observed a moment of silence for Fowler Mayor David Cardenas who passed away onMarch 11,2022.
B. OPENTNG CEREMONTES
The flag salute was led by Mayor Eli Ontiveros.
Roll Call
Present: Mayor Eli Ontiveros, Mayor Pro Tem Daniel Martinez, Councilmember Humberto Garza, Councilmember Esmeralda Hurtado, Councilmember Michael Montelongo NoneAbsent:
C. AGENDA APPROVAL. ADDITIONS AND/OR DELETIONS
The Council by motion of Councilmember Montelongo approved the agenda as presented. The motion was seconded by Councilmember Garza and approved by the following vote:
AYES: ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. CEREMONIAL MATTERS
l. Woman of the Year Award.
The Council announced Delores Gonzalez as the City of Sanger 2022Woman of the Year. Frank Gorualez accepted the award on behalf of Ms. Gonzalez.
2. The City Council introduced newly appointed Police Officer Eddie Castrejon, newly promoted Corporal Henry Diaz andnewly promoted Corporal Angela Yambupah. 7 City Council Regilar Meeting Minutes
March 17, 2022
E. PUBLIC HEARING
I SUBJECT: Public Hearing No. 5 Regarding City Council Dishict Boundary Adjustments.
PRESENTATIONS
1. Measure S Grantee Quarterly Reports.
a. The Boys & Girls Club presented its quarterly report to the Council b. SAM Academy presented its quarterly report to the Council.
PUBLIC FORUM
The City Council held a public hearing to review the final map and introduce Ordinance No. 2022-03 to adjust the boundaries of City Council Election Districts.
No public comment was offered.
The Council closed the public hearing.
The City Council by motion of Councilmember Montelongo waived full reading and introduced Ordinance No. 2022-03 Amending Chapter 2, Article II of the Sanger City Code Regarding By- District Elections, Adjusting the Boundaries of City Council Election Districts as Required by Law. The motion was seconded by Councilmember Hurtado and approved by the following vote:
AYES: ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NOTES: NONE
ABSTAIN: NONE
ABSENT: NONE
F
G
Cheryl Senn announced the formation of a new non-profit organization, Sanger Police Foundation, to support and provide resources for underfunded police programs. Their first fundraiser will be held on .l/ay 20,2022, at Kings River Winery.
Kevin Carter said he believes the City should hire a grant writer to help get some money for the City.
H. CONSENT CALENDAR
The Council by motion of Councilmember Montelongo approved the following items on the Consent Calendar:
8 City Comcil Regtlar Meeting Minutes
Mqrch 17, 2022
SUBJECT:
SUBJECT:
2 I SUBJECT: INFORMATIONAL ITEM - Warrants including Check Nos. 86051 through 86216.
SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 56082 through 58347; Payroll Check Nos. 58323 through 58358; and Benefit Check Nos. 1760 through 1767.
3 4.
5. INFORMATIONAL ITEM - Police Department Monthly Report.
INFORMATIONAL ITEM - Fire Department Monthly Report.
7 SUBJECT: APPROVED - Remote City Council Meetings UnderNew Brown Act Requirements (AB 361).
The City Council adopted Resolution No. 2022-16 Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill36l.
6. SUBJECT: APPROVED - Ordinance No. 2022-02 Relating to Towing Services.
The City Council waived the second reading in full and adopted Ordinance No. 2022-02 Repealing Article III of Chapter 86 of the Sanger City Code and Adding New Article III to Chapter 86 Relating to Towing Services.
SUBJECT: APPROVED - Faller Avenue and Lincoln Park Sidewalk Project.
The City Council: l) Awarded the contract for the project to Witbro, Inc. dba Seal Rite Paving and Grading, 4237 W. SwiftAvenue, Fresno, CA 93722, in the amount of $ 171,839.00, as lowest responsive and responsible bidder; and 2) Approved a construction contingency for change orders in the amount of $17,200 (10%) for this project; and 3) Authorized the City Manager to execute contract documents on behalf of the City.
SUBJECT: APPROVED - Sanger Sidewalk Gap Closure Project.
The City Council: 1) Awarded the contract for the project to Witbro, Inc. dba Seal Rite Paving and Grading, 4237 W. Swift Avenue, Fresno, CA 93722, in the amount of $106,408.00, as lowest responsive and responsible bidder; and2) Approved a construction contingency for change orders in the amount of $10,700 (10%) for this project; and 3) Authorized the City Manager to execute contract documents on behalf of the City.
SUBJECT: APPROVED - Sanger Landscaping and Lighting Maintenance DistrictNo. l.
The City Council adopted Resolution No. 2022-17, initiatingproceedings to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No. 1.
8 9
9 City Cottncil Regtlar Meeling Mintttes
March 17, 2022
10. AYES:
NOES:
ABSTAIN:
ABSENT:
t4.
The motion was seconded by Councilmember Garza and approved by the following vote:
SUBJECT: APPROVED - Sanger Landscaping and Lighting Maintenance District No. 2.
The City Council adopted Resolution No.2022-18, initiating proceedings to levy the annual assessment for Sanger Landscaping and Lighting Maintenance District No.2.
11. SUBJECT: APPROVED - Dedication and Acceptance of Public Street and Utility Easement for Muscat Avenue.
The City Council adopted Resolution No. 2022-19, which: 1) Dedicates a public street and utility easement within the existing footprint of Muscat Avenue from a fee title parcel owned by the City of Sanger; and2) Authorizes the City Manager to sign the Deed on behalf of the City; and 3) Accepts the right-of-way dedication for public street and utility purposes for Muscat Avenue.
12. SUBJECT: APPROVED - Consultant Services Agreement with 4 Creeks, Inc The City Council adopted Resolution No.2022-20 approving consultant services agreement between the City of Sanger and 4 Creeks, Inc., relating to the North and Greenwood Residential Project and authorizedthe City Manager to execute on behalf of the City.
13. SUBJECT: APPROVED - Budget Amendment forWildland Protection Grant.
The City Council adopted Resolution No.2022-21 authorizing the budget amendment in the amount of $333,333 due to a grant award from the Califomia State Budget Act.
SUBJECT: APPROVED -2022Q2 Quarterly Allocations to Measure S Grant Recipients.
The City Council authorized the2022Q2 quarterly allocation to Boys & Girls Club in the amount of $18,500, and to SAM Academy in the amount of $19,000.
ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
I. DEPARTMENT REPORTS
1. SUBJECT: INFORMATIONAL ITEM - City Water System Update.
Public Works Director John Mulligan provided an update on the City's Water System. 10 City Council Regilar Meeting Minutes
March 17, 2022
J. CITY MANAGER/STAFF COMMUNICATION
1. COVID-19 Update - informational only.
City Manager Tim Chapa provided a COVID-l9 update.
2. SUBJECT: Confirmation of Executive Order 22-03.
The City Council by motion of Councilmember Hurtado adopted Resolution No.2022-22 confirming Executive Order 22-03 issued by the Director of Emergency Services for the City of Sanger lifting the indoor masking for vaccinated persons and reopening City Hall on February 16, 2022. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ONTIVERO S, MARTINEZ, G ARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
3. City Manager Chapa announced that he issued an offer of employment to Patrick Chaffee for the Administrative Services Director. Mr. Chaffee has accepted the offer and he comes to the City with a lot of fund accounting experience. His start date is April 18,2022.
4. City Manager Chapa provided an update on the annexation process. He said since 2018 staff has been moving forward to complete North Academy annexation and currently at the last step for LAFCo. A letter of opposition was submitted to LAFCo which has caused a delay in LAFCo's decision from last Thursday to April 13,2022.
K. MATTERS INITIATED BY CITY COUNCIL MEMBERS
1. SUBJECT Special Projects List.
Public comment:
Kevin Carter said he has a hard time giving money to private business owners and property owners and if the Council decides to do so they should include something regarding matching funds.
The City Council by motion of Councilmember Montelongo: 1) Approved Resolution No. 2022- 23 approving projects for expenditures under the $800,000 amount for Council determination pursuant to the FY 2021-2022 budget; and2) Adopted Resolution No.2022-24 approving a budget amendment to the Fiscal Year 2021- 22budget to record the revenue estirnation and appropriation of $800,000 from the General Fund Balance. The motion was seconded by Councilmember Hurtado and approved by the following vote:
11 City Council Regilar Meeting Miruiles
March 17, 2022
AYES:
NOES:
ABSTAIN:
ABSENT:
ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
SUBJECT: APPROVED - Budget Amendment for Women's History Month
ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
2. Celebration.
The City Council by motion of Councilmember Hurtado adopted Resolution No.2022-25 authorizing the budget amendment in the amount of $1,000 for Women's History Month Celebration. The motion was seconded by Councilmember Montelongo and approved by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
AYES:
NOES:
ABSTAIN:
ABSENT:
3. SUBJECT: North Academy Corridor Ad Hoc Committee.
Public comment:
Kevin Carter said the Council is creating unnecessary bureaucracy.
The Council by motion of Councilmember Montelongo adopted Resolution No.2022-26 to establish a North Academy Corridor Ad Hoc Committee. The motion was seconded by Councilmember Garza and approved by the following vote:
4. Councilmember Esmeralda Hurtado announced the Califomia Commission on Status of Women and Girls has granted Sanger an award under the Women's Recovery Response Grant Program.
5. Councilmember Montelongo said REACT will be making a public opinion survey presentation to Council regarding tobacco products.
6. Department.
Councihnember Montelongo said he participated in a ride along with the Police
7. Mayor Ontiveros said he met with the City Manager, Police Chief and Councilmember Hurtado regarding public safety in the community. 12 City Cotncil Regular Meeling Minules
March 17, 2022
L. ADJOURNMENT
Being no further business, the Council adjoumed their meeting at 7:55 PM.
ATTEST:
Rebeca P. Ramirez, City Clerk
13 For the Meeting of; JvIy 7,2022
Agenda Item No.
CrrYoF SINGER
RE,PORT TO THE, CITY COIJNCIL
F-a
To:
From
Subject:
Attachments
REVIEW: City
TYPE OF ITEM:
X Consent
Info Item
-X- Action Item
Department Report
Successot Asencv
Mayor and Councilmembers
Becky Ramirez, City Clerk
Hilda Cantu Montoy, City Attorney
Remote City Council Meetings Under New Brown Act Requirements (AB 361) Resolution Reauthorizing Remote Teleconference Meetings RECOMMENDATION:
If Council wishes to Continue with Remote Teleconference Meetings, Council needs to adopt the attached ResolutionNo.2.f2- 57 Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill36l.
EXECUTIVE SUMMARY:
On September 16, 2021, Governor Gavin Newsom signed AB 361 into law. AB 361 amends the Brown Act to allow for remote public meetings without having to comply with standard provisions and restrictions for remote meetings under the Brown. AB 361 temporarily writes into the Brown Act some remote meeting requirements the City has already met and implemented under the Govemor's prior Executive Orders issued during the COVID-l9 pandemic. AB 361 includes additional requirements in the form of an initial authorizing resolution (effective for up to 30 days) and subsequent resolutions to extend the use of remote meetings for additional periods of 30 days thereafter. The bill included an urgency provision making the law immediately effective upon signature by the Governor.
At its December 16, 2021, meeting the Council adopted Resolution No. 2021-72 authorizing remote meetings in accordance with AB 361. If the City wishes to continue to utilize remote meetings under AB 361, the City will have to adopt a reauthorizing resolution such as that attached to this staff report.
Prepared by: Hilda Cantu Montoy, City Attorney Approved by:
C Finance:
COUNCIL ACTION: APPROVED DENIED NO ACTION
Cirv Attomev:
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
14 ATTACHMENT 1
RESOLUTION
15 RESOLUTTON NO. 2022-E-J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE
CITY COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING
COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY
BILL 361
WHEREAS, on March 4,2020, Governor GavinNewsom declared a statewide emergency arising from the coronavirus (COVID-19) that remains in effect; and WHEREAS, on March 17,2020, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act pertaining to teleconferenced meetings; and WHEREAS, on June 11,2021, GovernorNewsom issued Executive OrderN-08-21 which indicated that Executive Order N-29-20's atthorization for holding virtual meetings would expire on September 30, 202I; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (Rivas) as urgency legislation effective immediately, which provides that legislative bodies may continue to meet remotely during a declared State of Emergency subject to certain conditions; and WHEREAS, the City Council of the City of Sanger adopted a proclamation of a local emergency related to the COVID-l9 virus on March 16,2020; and WHEREAS' the City of Sanger ("City") is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as "legislative bodies"; and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code Sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953(b)(3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:
l. Each teleconference location from which a member is participating is noticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
I
16 4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and
WHEREAS, the Brown Act, as amended by AB 36I (202I), at Government Code Section 54953(e) etseq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code Section 54953(b)(3), subject to certain conditions; and WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code Section8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code Section 8558; and
WHEREAS, the Governor's Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 5a953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-I9 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-l9 continues to directly impact the ability of the members of City Council and the members of the City's Boards, Commissions, and Standing Committees to meet safely in person; and
2. The State of California and the County of Sanger continue to recommend measures to promote social distancing.
WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body f,rnds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-l9 and its variants create ongoing COVID-I9 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public viaZoom in an effort to protect the constitutional and statutory rights of all attendees; and 2 17
WHEREAS, on December 16, 2021, the City Council adopted Resolution No.2021-72 Authorizing Remote Teleconference Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City in Accordance With Assembly Bill 361; and WHEREAS, Government Code Section 5a953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency; and WHEREAS, the Council wishes to affirm the need and findings necessary for continuing the teleconferencing as authorized by AB 361.
NOWO THEREFORE, THE CITY COUNCIL OF THE CITY OF SANGER
HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID-l9 as set forth in the Governor's and City's Proclamations of Emergency and are on- going.
Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency in the City of Sanger as proclaimed by the Govemor and the City Council and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Council hnds that the state of emergoncy as a result of COVID-l9 continues to directly impact the ability of members of the City Council and the members of the City's Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code Section 54953(bX3), and to instead comply with the remote meeting requirements as authorizedby Government Code Section 54953(e) et seq.
Section 7 . The City Manager and City Clerk are authori zed and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code Section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.
Section 8. This Resolution shall take effect on July 7,2022, and shall be effective for thirty days or until such time as the City Council adopts a Subsequent Resolution in accordance with J
18 Govemment Code Section 54953(eX3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code Section 54953(bX3), but otherwise as permitted by Government Code Section 54953(e) et seq. rt rt rl. * * rl. rF * rF * {€ rl. rl. r. *. * *
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 7ft day of July 2022 and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Rebeca P. Ramirez, City Clerk
4 19
Fot tlre Meeting of: July 7,2022
Agenda Item No.
CrrYoF SINGER
REPORTTO THE, CITY COUNCIL
F-3
To:
From:
Subject:
X Consent
Info Item
X Action Item
DeDartment Reoort
Redevelooment Asencv
Mayor and Councilmembers
Tim Chapa, City Manager
Cancellation of the August 4,2022 Regular City Council Meeting CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council vote to cancel the regular meeting scheduled for Thursday, August 4,2022, due to an anticipated lack of agenda items.
EXECUTIVE SUMMARY:
It is anticipated that there will be no agenda items for the August 4,2022 regular City Council meeting.
FISCAL IMPACT:
There is no fiscal impact.
ALTERNATIVES:
No alternatives offered.
ACTIONS FOLLOWING APPROVAL:
A Notice of Cancellation will be posted and sent to agenda recipients.
Ptepared by: Approved by:
REVIEW: City Finance: Citv Attornev:
TYPE OF ITEM: COUNCILACTION: APPROVED DENIED NOACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
20 S ANGE R
r= $_____:
For tlre Meeting of July 7,2022
Agenda Item No.:
f, _+
CrrY oF SINGER
Rtr,PORT TO THE, CITY COTJNCIL
To: Mayor and Council Members
From: Tim Chapa, City Manager
Subject: Authorization for Out of State Travel
Attachments: None
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
That the City Council authorize Out of State travel for City Manager Chapa, to attend the ICMA Annual Conference Columbus, OH, September 17 -21, 2022.
EXECUTIVE SUMMARY:
Founded in 1914, the Intemational City/County Management Association advances professional local government through leadership, management, innovation, and ethics. ICMA's members are the professional city, town, and county managers who are appointed by elected officials to oversee the day-to- day operation of our communities. Also, the ICMA also establishes a professional code of ethics, a set of twelve tenets that each member commits to adhere to. The Annual Conference presents the opportunity to interact with colleagues from around the nation, attend premier training sessions and the opportunity to hone leadership and professional skills.
BACKGROUND:
The ICMA annual conference is geared toward municipal managers and specifically for City Managers.
Over a thousand managers attend the event each year and receive training on the best national ideas for improvement of services, fiscal management, economic development, community outreach and enhanced public safety services. This year's event will be held in Columbus, OH. Early registration is already open.
Prepared by: Tim Chaoa Approved by:
REVIEW: City Finance: City Attorneyi _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
21 REASON FOR RECOMMENDATION:
City Manager is a member of ICMA and his employment contract requires his membership in ICMA and provides for such conference attendance.
FISCAL IMPACT:
The total estimated fiscal impact related to this travel is $2,800 which covers the expense of food, lodging and travel for the City Manager. Sufficient travel funds are to be included in the FY 22123 budget.
ALTERNATIVES:
Do not authorize attendance at the Annual ICMA conference.
ACTIONS FOLLOWING APPROVAL:
Confirmation of travel arrangements and accommodations. \\nas I \shared\Forms & Templates
22 SA NGE
n
R
Fot the Meeting of;
Agenda Item No.:
July7,2022
F-s
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
To: Mayor and City Council
From: Esperanza Rosales, Management Analyst
Subject: Letter of Support Authorizing the County of Fresno to submit CalRecycle Application on Behalf of the City of Sanger
Attachments: 1) Letter of Support
CoNrr,rcr or lNrunrsr:
None known.
RrconavrnNu.lrroN
That the City Council authorize the City Manager to sign a Letter of Support authorizing the County of Fresno to submit CalRecycle grant application for the Used Oil Payment Program 13 (OPPI3) on behalf of the City of Sanger.
Exncurrvn Suvrvrlnv
The County of Fresno submits an annual grant application to the Department of Resources Recycling and Recovery (CalRecycle) for the Used Oil Payment Program (OPP). The County administers, acting as the lead agency, and solicit up to 14 regional cities to be included in the program.
BacrcnouNo
The County of Fresno applies and receives the CalRecycle OPP grant annually. The County reaches out to the cities located within Fresno County and includes them in the application to assure that the region has a viable used oil collection and recycling program. The Collection program includes funding for collection Preoared bv: Esoeranza Rosales Apptoved
REVIEW: City Finance: City Attorneyi _
TYPE OF ITEM:
ACTION
X Consent
Info Item
X Action Item
Deoartment Reoott
Redevelooment Asencv
COUNCILACTION: APPROVED DENIED NO
Public Hearing
Mattet Initiated by a Council Membet
Other
Continued to:
23 centers such as O'Reilly Auto Parts and AutoZone in Sanger and also implementing various educational programs and events.
Rr,tsox FoR RECoMMENDATToN
The City of Sanger benefits from this program as the grant funds are used locally to fund oil collection at businesses such as O'Reilly Auto Parts and AutoZone, allowing the residents to recycle oil for free.
Fnc.q.l Ivrplcr
The program is fully grant funded.
Acrroxs Folr,owrNc Appnovn
City staff will continue to work collaboratively with the County of Fresno to implement recycling programs and search for other grant opportunities that leverage the County's size and strength. 24 ATTACHMENT 1
25 CITYOF SANGER
17OO 7TH STREET
SAwGE& CAL| FORN tA 93657-2804
TELEPHONE: (559) 876-6300 ext. 1700
FAX: (559) 875-8956
CITY MANAGER'S OFFICE
TIM CHAPA, CITY MANAGER
July 7,2022
Department of Resources Recycling and Recovery (CalRecycle) 1001 "I" Street
P.O. Box 4025
Sacramento, CA 95812-4025
Dear CalRecycle:
RE: Letter of Authorization for Oil Payment Program, Cycle 13 (OPP13) I am the City Manager for the City of Sanger. I am authorized to contractually bind the City of Sanger. Pursuant to this authority, I hereby authorize the County of Fresno to submit a regional application and to act as Lead Agency on behalf of the City of Sanger. The County of Fresno is hereby authorized to execute all documents necessary to implement the project and secure payment under the OPPl3 program. This authorization is and shall remain effective until the end of the OPPI3 performance period, which is June 30r2024.
Sincerely,
Tim Chapa
City Manager
City of Sanger
(s59) 876-6300 ext. 1700
26 Fot the Meeting of: July 7,2022
AgendaltemNo.: F-b
CrrY oF SINGER
RE.PORT TO THE, CITY COUNCIL
To: Mayor and City Council
From: Esperanza Rosales, Management Analyst
Subject: CalRecycle 581383 Local Assistance Grant Program Attachments: 1) Resolution No. 2022- 5 ?
2) Exhibit A - Budget Amendment
CoNrr,rcr op lxrnnrsr:
None known.
RrcovrvrnNDATroN
Staff recommends that the City Council approve Resolution No.2022- 5 8 , approving a budget adjustment to the Fiscal Year 2021-2022budget to record the receipt and appropriation of $39,578.00 from the Department of Resources Recycling and Recovery (CalRecycle) for the SBl383 Local Assistance Grant Program.
Exncurrvr Suvrvrlny
The California Department of Resources Recycling and Recovery (CalRecycle) has established the S81383 Local Assistance Grant Program to provide one-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with S81383.
BlcrcnouNo
In 2016, then-Governor Jerry Brown signed SB I 3 83 to reduce emissions of short-lived climate pollutants through mandatory recycling of organic waste. The regulations for S81383 require jurisdictions to Ptepared by: Approved
REVIEW: City Finance: Ciw Attornev:
TYPE OF ITEM:
ACTION
COUNCILACTION: APPROVED DENIED NO
X
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Mattet Initiated by a Council Membet
Other
Continued to:
27 implement a variety of organic waste recovery programs including curbside collection, education and outreach, contamination monitoring, edible food recovery, and inspection and enforcement.
In January 2022, CalRecycle announced the availability of the SB1383 Local Assistance Grant Program intended to provide jurisdictions with one-time grant funds to assist in implementing the various programs. The Public Works department along with its contracted hauler, Mid Valley Disposal, have been working to create and implement many of the required programs. Staff believes that the grant funds will better serve to achieve procurement requirements.
Rn,lsoN ron Rnconnnnnxo,trton
The State mandate to comply with SB1383 requires several programs to be implemented. These funds will help with achieving program requirements.
Frsc.ll Inar,lcr
Accepting the grant funds would not result in any anticipated fiscal impacts and the grant program does not have a matching requirement.
Ar,tnnxlrrvps
Do not approve the resolution and forfeit the funds.
AcrroNs For.lowrxc APPRovAL
City staff will record the budget amendment.
28 ATTACHMENT 1
29 RESOLUTION NO. 2022. 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A202I.2022 FISCAL YEAR BUDGET AMENDMENT FOR THE ACCEPTANCE OF
FUNDS F'ROM THE DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY (CALRECYCLE) FOR THE 581383 LOCAL ASSTSTANCE GRANT
PROGRAM
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 $39,578.00 is necessary to record the receipt of the funds from the Department of Resources Recycling and Recovery.
NOW THEREFORE,IT IS HERBY RESOLVED by the City Council of the City of Sanger that the Annual Budget be amended as set forth in Exhibit "A" for Revenue Adjustments and Appropriation Adjustments which are attached hereto and incorporated herein by reference and are herby approved, and the Administrative Services Director or his designated staff is hereby authorized and directed to record the appropriate accounting entries. ,l. rl. rt rl. * * * * rf ,1. * *. * * rl.
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council on the 7th day of July 2022, and adopted by the following vote:
AYES:
NOES:
ABSTAN:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Rebeca Ramirez, City Clerk
30 ATTACHMENT 2
l
31 EXHIBIT IIAII
City of Sanger Accounting Use Only
B u dget Adj u stn e nt N u m ber :Fiscal lmpact of Proposed Resolution and Budget Adjustment approved by Council
Resolution Number: 2022 -
Date: July 7,2022
Reason for change in appropriation:
the SB1383 Local Assistance Grant Program
Accept funds from Department of Resources Recycling and Recovery for Estimated Additional
Estimated Revenues Available:
Fund
Itlo.Fund Name
Dept.
No.
Prgm
No.
Object
No.
Appropriation
Amount
SB1383 Local Assistance Grant Proqram 631 070 '101 6122 39.578.00$ fotal Reouested ADDroDriation: $ 3S.578.00
Cwrcnt 2021 -2022 Aoorooriation : $
Adiusted Total Appropriation: $ 39,578.00
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
Object
No.
Est. Revenue
Amount
S81383 Local Assistance Grant Prooram 630 070 10'l 48f#. s 39.578.00 Total Estimated Additional Revenue: $ 39.578.00
Current 2021 -2022 Estimated Revenue:
Adiusted Total Estimated Revenue: $ 39,578.00
Signature Date:
Date:Director's Signature
Admin Svs Director's Signature Date:
32 Fot the Meeting of; JvIy 7,2022
Agenda Item No.
t:-t
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
O Street Reconstruction Project - North Avenue to L0th Street Contract Award
Attachment:
Contract
Budget Amendment
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
1. Award the contract for the project to Emmett Valley Construction,g662 W. Kearney Blvd., Fresno, CA 93706, in the amount of $1,188,177.00, as lowest responsive and responsible bidder; and
2. Approve a construction contingency for change orders in the amount of $118,818.00 (10%) for this project; and
3. Authorize the City Manager to sign contract documents on behalf of the City; and
4. Approve a budget amendment to recognize additional federal STBG revenue for the project.
EXECUTIVE SUMMARY:
This federally-funded project will reconstruct the asphalt roadway pavement, construct storm drainage improvements and reconstruct existing concrete curb ramps for ADA compliance.
Prepated by: Approved by:
REVIEW: City Manager: C Finance: City Attorney: _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION x
1. 2.
Consent
Info Item
Action Item
Department Repott
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
X
33 BACKGROUND:
O Street was previously rebuilt between 5th Street and 9th Street in20I7, and the section between 9ft and 10th Streets was rebuilt previously to that. This project will pick up the roadway improvements from 10th Street and continue all the way to the end of O Street at North Avenue. The project will consist of a combination of full reconstruction between 10th and 12th Streets and an asphalt grind/overlay from 12th Street to North Avenue. New drainage improvements including curb and gutter replacement along with underground pipelines and structures will be constructed at various locations, and all curb ramps along the project limits will be upgraded. Existing roadway signage will be replaced and new roadway striping will be installed throughout the project limits.
During the project bidding phase, the Notice Inviting Bids was advertised in the Mid Valley Times and circulated in the local builders' exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.
On June 15,2022 the City Clerk received and opened eight bid proposals for this project:
Contractor Bid
Engineer's Estimate $1,059,582.00
The bids were analyzed and it was determined that Emmett Valley Construction submitted the lowest responsive and responsible bid and as such, Staff recommends that they be awarded the contract.
REASON FOR RECOMMENDATION:
Award of the contract will allow the City to proceed with the project.
FISCAL IMPACT:
The estimated cost for the construction phase of the project is $1,485,222, as detailed below:
1. Emmett Valley Construction
2. R.J. Berry, Jr.,Inc.
3. Emmett's Excavation, Inc.
4. Dave Christian Construction Co.
5. American Paving Co.
6. Bush Engineering, Inc.
7. Avison Construction
8. Dawson-Mauldin, LLC
o Construction -
o Construction Contingency -
o ConstructionManagement/Inspection/Testing/Admin-
$1,188,177.00
$1,220,058.50
$1,246,037.00
$1,265,667.50
$1,334,116.50
$ 1,393,979.00
$1,422,952.00
$1,426,261.00
$1,188,177
$118,818
st78,227
As mentioned above, the project is being funded with federal STBG funding and the local match is utilizing Gas Tax funds. The low construction bid exceeded the Engineers Estimate by $128,595 and the total projected construction phase cost exceeds that which was projected in the adopted 2022123 CIP budget by $179,722. However, Staff was able to work with Fresno COG and secure additional funding \\nasl\shared\Forms & Templates
34 from the STBG Lifeline program within the Fresno County region prior to its planned sunset this year.
The additional STBG funding in the amount of $203,603 more than offsets the additional costs and will actually reduce the planned allocation of local Gas Tax revenues in this fiscal year by approximately $24,000. The attached budget amendment will recognize the additional federal revenue and reduce the planned local match from Gas Tax fi.rnds.
ALTERNATIVES:
The Council may reject all bids and re-advertise, although this is not recommended since the additional STBG funding which is now allocated to the project brings the project in line with planned CIP expenditures for the year.
ACTIONS FOLLOWING APPROVAL:
The contract will be executed, subject to the Contractor providing performance security satisfactory to the City. After issuance of the Notice to Proceed, the Contractor will have 60 working days to complete the project.
\\nas l\shared\Forms & Templates
35 ATTACHME,NT 1
\\nas I \shared\Forms & Templates
36 CONTRACT
THIS CONTRACT, is made by and between Emmett Vallev Construction, hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner.
WITNESSETH:
The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:
1. SCOPE OF WORK.
The Contractor agrees to fumish all labor and materials, including tools, implements, ffid appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen, and laborers required for the O Street Reconstruction North Avenue and 10th Street
Federal Aid Proiect No. STPL-5197(041)
as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.
2. CONTRACTDOCUMENTS.
The term Contract includes all "Contract Documents" which include the following:
A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications'
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract
In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.
3. COMPENSATION.
The Owner agrees to pay the Contractor for the performance of the Contract the sum of One million one hundred eishtv-eisht thousand one hundred seven8-seven dollars and no cents ($1.188.177.00).
'This Contract shall be subject to the Claims Resolution Process under Public Contract Code Section 9204 which is effective January 1,2017; contrary language in Standard Specifications is superseded by said Section 9204 37 It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor' s Proposal hereto attached.
4. SUSPENSION OF THE WORK.
A. General: The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.
B. Archaeological and Paleontological Discoveries: If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.
5 ATION OF THE
A. General: If, prior to the acceptance of the Work, the Contractor:
( I ) Becomes insolvent, assigns its assets for the benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work;
(2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.
B. Notices: Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:
(1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall 38 be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
C. Notice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.
D. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(1) Will terminate the Contractor's right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
E. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities ofthe Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notifu the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notifu the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all 39 material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.
If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.
F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
6. TERMINATION OF THE CONTRACT FOR CONVENIENCE.
The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.
A. Notice: The Owner will issue a written notice of termination for convenience as follows:
(1) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
B. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notiff Subcontractors and suppliers to immediately cease their work.
C. Payment: The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, 40 by the Owner upon written request by the Contractor
If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.
7, DELAYS AND EXTENSIONS OF TIME.
A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract. Such unforeseen events may include: war, goverrrment regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor fumishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.
If delays beyond the Contractor's control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.
The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in SubsectionTC of this Contract.
If delays beyond the Contractor's control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.
B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
C. Payment for Delays: Pursuant to Public Contract Code Section 7102, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.
Such actual costs will be determined by the Engineer. The Owner will not be liable for damages which the Contractor could have avoided by any reasonable mans, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 41 D. Written Notice and Report: If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.
Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.
E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion ofthe Work within the time specified as in the Contract or the Special Provisions for such portion.
Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.
F. Contract Time Accounting: The Engineer will make a daily determination of each Working Day to be charged against Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period.
The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.
8. COMPI,trTTON A Ctr AND WARRANTY
A. Completion: The Contractor shall submit a written assertion that the Work has been completed. I[ in the Engineer's judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.
B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer's judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor's performance of the Contract be accepted.
C. Warrantv: The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 2 years. The warranty period shall start on the date the Work was completed as determined by the Engineer.
The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the 42 Contractor's performance of the Contract.
The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor's expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor's Surety shall be liable for the cost thereof.
9. LIQUIDATED DAMAGES.
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.
Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value ofthe costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
10. INDEMNIFICATION
To the maximum extent permitted by Civil Code Section2782 et seq., Owner shall not be liable for, and Contractor shall defend, indemni&, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively o'Owner Parties"), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, ftnes, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs ofany kind or character, including attorneys'fees and court costs (collectively referred to as "Claims"), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or seryants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.
However, Contractor shall have no obligation to defend or indemnif' Owner Parties against Claims caused by the active negligence, sole negligence, or willful misconduct of Owner Parties.
This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor. 1I. INSURANCE.
Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following-described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers' compensation 43 and employer's liability insurance, the Owner, its officers, agents, and employees of each of them:
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence form cG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
(l) General Liability: $2,000,000 per occuffence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions must be declared to and approved by the Owner.
At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The Owner, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of 44 protection afforded to the Owner, its officers, officials, employees, agents or volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Owner, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents, or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the Owner.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less the A:VII.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.
All endorsements are to be received and approved by the Owner before work commences.
As an alternative to the Owner's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. SUBCONTRACTOR
Contractor shall include all subcontractors as insureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries, or damage to underground utilities.
The policy shall not contain "x","c" or "u" exclusions.
Certificates of such insurance shall be filed with the Owner concurrently with the execution 45 of this Contract or, with Owner's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.
12. WORKERS COMPENSATION.
Contractor represents that he or she has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten (10) days written notice of cancellation. If the Contractor self-insures Worker's Compensation, Certificate of Consent of self-insured shall be provided the Owner.
13. BONDS.
The Contractor shall forthwith furnish in triplicate two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the work (hereafter o'Performance Bond"). The second bond shall serve as security for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter "Payment Bond"). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.
The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 730 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attorneys' fees to be fixed by the court.
14. DEFECTIVE MATERIALS; DEFECTIVE WORK
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material fumished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated. 46 The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
15. LABOR STANDARDS.
A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.
B. Wages
(1) General: The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of Califomia. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
(2) State: The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.
These wage rates are maintained on file by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement: These wage rates shall be enforced under Sections 1770 through 1780 of the California Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Pavroll Records: Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certified payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.
C. Preference for Resident Labor: Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualihed persons residing within the general area of the work.
47 D. Hours of Labor: Pursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.
Failure of the Contractor to perform'the work in accordance with this policy of the State of California shall be deemed a failure to comply with the provisions of this Contract.
E. Overtime Work: In accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections I 8 1 0- I 8 1 5.
Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.
F. Apprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch off,rces.
G. Compliance with SB 854: Califomia Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code sectionl77l.l(a)l
(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
48 (3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(a) No bid proposals will be accepted, nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor's responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement ("Labor Commissioner") as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.
16. LAIVS, REGULATIONS AND PERMITS
A. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor.
If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly notiff the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.
B. Permits and Licenses: Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution ofthe work and the subsequent guarantee period shall be secured and paid for by the Contractor.
Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.
C. Patents and Royalties: The costs involved in fees, royalties or claims for any patented invention, article, process, or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents, and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims.
Should the Contractor, agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive 49 information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents, and employees or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
17. CALIFORNIA LAW AND VENUE.
The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.
1 8. MUTUAL NEGOTIATION.
Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.
I9. ATTORNEY'S FEES.
In the event of litigation conceming this Contract the prevailing party shall be awarded reasonable attomey fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.
20. FHWA-1273
The Contractor agrees to comply with all provisions of Form FHWA-1273, "Required Contract Provisions, Federal-aid Construction Contracts" that apply to this project which is attached herewith.
21. FEDERAL WAGE DETERMINATION
The Contractor shall utilize Federal Wage DeterminationCA202200l8, Modification Number 7, dated 06/0312022, for this project which is attached herewith.
22. APPENDIX E OF THE TITLE VI ASSURANCES
The Contractor agrees to comply with all requirements of Appendix E of the Title VI Assurances which is attached herewith.
50 IN WITNESS WHEREOF, the parties have executed this Contract this 2022
CITY OF SANGER
(oWNER)
EMMETT VALLEY CONSTRUCTION
(cONTRACTOR)
Title
Federal Taxpayer I.D. No
day of
By By
Tim Chapa, City Manager
Approved as to Form:
City Attomey
51 ATTACHME,NT 2
\\nasl\shared\Forms & Templates
52 City of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Council
Accounting Use Only
Buclget Adi u stm ent N um ber :
To recognize additional STBG revenue in 22123 budget and reduce the required local match from Gas Tax funds.
Resolution Number:
Date:
Reason for change in appropriation:
7-Jul22
Estimated Additional
Estimated Revenues Available:
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
Obj€ct
No.
Appropriation
Amount
C Street Reconstruction - North Avenue to '1oth Street 217 101 7441 203,603.00$ C Street Reconstruction - North Avenue to 1 oth Street 2',11 070
070 101 7441 (23.881.001$
Iotal Reouested Aoorooriation: 179.722.OOs
Current 2O22-2023 Aoorooriation: $ 1,305,500.00
Adiusted Total Aoorooriation: 1.485.222.00$
Fund Name
Fund
No.
Dept.
No.
Prgm
No.
Object
No.
Est. Revenue
Amount
rEA 21IRSTP/CMAQ 2'.17 070 't 01 430S $ 203.603.00
State Gas Tax - RMRA 211 070 't 01 4339 $ (23.881.00)
Total Estimated Additional Revenue: $ 179.722.O0
Cwrenl 2022-2023 Estimated Revenue:
Adiusted Total Estimated Revenue: $ 179.722.OO
Signature Date:
Date:Director's Signature
Finance Director's Signature
\\nasl \shared\Forms Templates
Date:
53 Fot the Meeting of:
Agenda Item No.:
Jdy7,2022
0-t
CrrY oF SINGER
Rtr,PORT TO THE CITY COUNCIL
To:
X'rom:
Subject:
Mayor and City Council
Tristan Suire, Contract City Planner
Zoning Ordinance Amendment No. 2022-01 - Rezoning APN 315-096-18 from the C-P district to C-2 district for General Plan consistency.
X Public Hearing
Matter Initiated by a Council Membet
Other:
Continued to:
Attachments: (A) ZoningOrdinance/lVlap Amendment No. 2022-01 (B) PlanningCommissionResolution2022-02
(c) Ordinance No. 2o>>-oL
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, waive the full reading, and introduce Ordinance No rezoning APN 315-096-18 from the C-P district to C-2 district for General Plan consistency
EXECUTIVE SUMMARY:
Zoning Ordinance/i\4ap Amendment for property located at north of Jensen Avenue, west of Greenwood Avenue. The intersection of Jensen Avenue and Greenwood Avenue has been designated in the 2035 General Plan as Community Commercial, for the purposes of providing a unified area designed to serve the needs of the community. The site is currently vacant. The proposed Ordinance would result in the rezoning of the land from the Administrative and Professional Office district (C-P) to the Community Commercial district (C-2), in order to achieve consistency with the General Plan Map as required by State law.
Ptepared by: Approvedby: n..,;.lhlfr_
^'/u'
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM COUNCIL ACTION: APPROVED DENIED NO ACTION
Consent
Infotmational Item
Action Item
Depattment Report
2022-06
54 BACKGROUND:
Zoning Map Amendment No. 2022-01 changes the current zoning designation of APN 315-096-18, from Administrative and Professional Office (C-P) to Community Commercial (C-2), to achieve consistency with the City of Sanger 2035 General Plan as required by State law.
APN 3 15-096- 18 previously received approval of a Site Plan Review application and Variance application for development of a dental office. The previous Site Plan Review application and Variance application were approved prior to adoption of the City of Sanger 2035 General Plan (adopted June 2020). The Site Plan Review application and Variance application expired after adoption of the City of Sanger 2035 General Plan. Adoption of the City of Sanger 2035 General Plan changed the General Plan land use designation from Office Commercial (conesponds to C-P zone district) to Community Commercial (corresponds to C- 2 zone district). A Dental Office is a permitted use in both the current Administrative and Professional office district (C-P) and the eventual community commercial district (c-2).
The site is currently vacant. The City of Sanger has received a Site Plan Review application and Variance application for a new dental office. The Site Plan Review application has been reviewed and approved administratively. The Variance application was approved by the City of Sanger Planning Commission on May 26,2022. On May 26,2022, the City of Sanger Planning Commission recommended approval of Zoning Map Amendment No. 2022-01.
Location: The subject property (APN 315-096-18) is located at north of Jensen Avenue, west of Greenwood Avenue, in a reverse corner lot outlined in red in the aerial photo below:
55 See below the subject property pictured facing west from Greenwood Avenue See below the zoning for the subject property:
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REASON FOR RECOMMENDATION:
The proposed amendment to the ZoningOrdinance will achieve consistency between the General Plan and Zoning Ordinance maps. The Planning Commission, at a regular meeting on May 26,2022, adopted Resolution No. 2022-02, recommending approval of ZontngMap Amendment No. 2022-01.
FISCAL IMPACT:
None known.
ALTERNATIVES:
City Council may deny the application for rezone. If denied, staff recommends the City Council direct staff to evaluate need for General Plan Amendment to achieve consistency between General Plan and Zoning.
ACTIONS FOLLOWING APPROVAL:
If approved, a Second Reading of the Ordinance will be scheduled for July 21,2022 City Council meeting. 57 Exhibit A
Zoning Map Amendment
Zoning Ordinance Amendment No. 2022-01 - Jensen Dental north of Jensen Avenue, west of Greenwood Avenue, Assessor Parcel Number 315-096-18 trJ x
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58 CITY OF SANGER
PLANNING COMMISSION
RESOLUTION NO. 2022.02
ZONING AMENDMENT NO. 2022-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SANGER RECOMMENDING THE CITY COUNCIL OF THE CITY OF SANGER APPROVE ZONING AMENDMENT NO. 2022.01 - ZONING DESIGNATION CHANGE FROM ADMINISTRATTVE At[D PROFESSIONAL OFFICE (C-p) TO COMMUNITY COMMERCTAL (C -2) FOR ASSESSOR' S PARCEL I\IUMBER 3 15- 096-18, SANGE& CA 93657.
WHEREAS, the Planning Commission of the City of Sanger did conduct a public meeting in the Council Chambers of the Sanger City Hall in Sanger, California, on MAY 26rH,2022,1o consider Zoning Amendment No. 2022-01, submitted by staff, to change the zoning designation from Administrative and Professional Office (C-P) to Community Commercial (C-2) for Assessor's Parcel Number 315-{96-18, property located on the north side Jensen Avenue, west of Greenwood Avenue, Sanger, CA93657; and WHEREAS, the existing zoning designation of the project site is Administrative and Professional Office (C-P) and staff is requesting the zoning designation be changed to Community Commercial (C-2); and
WHEREA$ the project site was designated as Community Commercial inthe 2035 General Plan; WHEREAS, Califomia Land Use Regulations require zoning to be consistent with the General Plan; and
WHEREAS, a Finding of Consistency with the 2035 General Plan and General Plan Environmental Impact Report, has been prepared in compliance with the California Environmental Quality Act; and
WHEREAS, the Commission reviewed the staff report prepared for Zoning Amendment No. 2022-01, which is herein incorporated by this reference; and heard public testimony offered at the public meeting on the request to change the zoning designation from Administrative and Professional Office (C- P) to Community Commercial (C-2) for Assessor's Parcel Number 315-{96-18, property located on the north side of Jensen Avenue west of Greenwood Avenue, Sanger, CA93657; and and
59 NOW THEREFORE BE IT RESOVLED that the Planning Commission of the City of Sanger, State of Califomia, recommends the City Council of the City of Sanger approve Zoning Amendment No. 2022-07, to change the zoning designation from Administrative and Professional Office (C-P) to Community Commercial (C-2) for Assessor's Parcel Number 315-096-18, property located on the north side of Jensen Avenue west of Greenwood Avenue, Sanger, CA93657. * rl. * * * * t rl. * * * * !t {. {. {< *
I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a Resolution duly and regularly adopted and passed by the Planning Commission of the City of Sanger, Califomia, at a meeting held on the 26ft day of May, 2022,by the following vote:
AYES: ESQUER, CARTER, DANISKA, ECHEVERRIA, AGUILAR
NOES
ABSENT: GARCIA
ABSTAIN:
,{ilrh
David Brletic
Secretary of the Planning Commission
of the City of Sanger
(\
fi*"r)Dated: lr4ay 26h,2022
60 ORDTNANCE NO. 2022- 9l;
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER
AMENDING THE OFFICIAL ZONE MAP BY REZONING REAL
PROPERTY FROM THE "C.P'' (ADMINISTRATIVE AND
PROFESSTONAL OFFICE) DISTRICT TO THE $C-2)' (COMMUNTTY
COMMERCIAL) DTSTRTCT FOR ApN 31s-096-18, A PARCEL LOCATED
ON THE NORTH SIDE OF JENSEN AVENUE, WEST OF GREENWOOD
AVENUE CONTAINING APPROXIMATELY 0.47 ACRES
WHEREAS, the Planning Commission of the City of Sanger conducted a public hearing on May 26,2022, to consider Zoning Amendment No.2022-01, submitted by staff, to change the zoningdesignation from Administrative and Professional Ofhce (C-P) to Community Commercial (C-2) for Assessor's Parcel Number 315-096-18, property located on the north side Jensen Avenue, west of Greenwood Avenue, Sanger, CA93657; and
WHEREAS, the existing zoning designation of the project site is Administrative and Professional Office (C-P) and staff is requesting the zoning designation be changed to Community Commercial (C-2); and
WHEREAS, the project site is designated as Community Commercial inthe 2035 General Plan; and
WHEREA$ California land use laws require zoning to be consistent with the General Plan; and
WHEREAS, a Finding of Consistency with the 2035 General Plan and General Plan Environmental Impact Report has been prepared in compliance with the California Environmental Quality Act; and
WHEREA$ a Finding of Consistency with the 2035 General Plan and General Plan Environmental Impact Report, has been prepared in compliance with the California Environmental Quality Act; and
WHEREAS, the Planning Commission reviewed the staff report prepared for Zoning Amendment No. 2022-01 and heard public testimony offered at the public hearing on the request to change the zoning designation as described above; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2022-02, recommending that the City Council approve Zoning Amendment No. 2022-01, to change the zoning designation from Administrative and Professional Office (C-P) to Community Commercial (C-2) for Assessor's Parcel Number 315-096-18, property located on the north side of Jensen Avenue west of Greenwood Avenue, Sanger, CA93657; and 61 WHEREAS, the City Council held a duly noticed public hearing on July 7,2022,to consider approval of the ordinance.
THE CITY COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Sanger finds that the above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hnds that all legal prerequisites for consideration of this matter have occurred, including notice of the public hearing.
SECTION 3. The City Council hnds that public necessity, convenience, general welfare, or good zoning practices justiff the change in zone district for APN 315-096-18. The changes are consistent with and allow implementation of the General Plan. The change is also consistent with the purpose of the City's zoning ordinance to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare.
SECTION 4. The City Council hereby amends the Official Zone Map of the City of Sanger as follows: the designation of APN 315-096-18 is amended from the "C-P" (Administrative and Professional Office) District to the "C-2') (Community Commercial) District.
SECTION 5. The reclassified parcel is shown in the diagram attached hereto as Exhibit A and incorporated herein as if fully set forth.
SECTION 6. The following conditions of said Zoning Amendment are required in order to protect the public's health, safety, and welfare and to ensure the timely development of the City.
SECTION 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions, or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions ofthis Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 8. This Ordinance shall take effect on the thirty-first (31't) day after its adoption.
SECTION 9. Publication. The City Clerk shall certifr to the adoption of this Ordinance and cause the ordinance or a summary of it as authorized by law to be published in a newspaper of general circulation printed and published within the City of Sanger pursuant to all legal requirements.
t {<:F rl. {. {. !F,f * {. *:$ * * !t !trr1. {. {.:& * *{. d. 62 The forgoing Ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on the 7th day of July 2022 andwas passed and adopted at a regular meeting of the City council held on the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COLTNCILMEMBERS:
COUNCILMEMBERS:
APPROVED
Rebeca P. Ramirez, City Clerk Eli Ontiveros, Mayor
63 Fot the Meeting of; July 7,2022
Agenda Item No.
CrrYoF SINGER
REPORT TO THE CIry COUNCIL
l-+ -(
To:
From:
Subject:
Mayor and City Council
Tim Chapa, City Manager
City Council to Consider Approval of the Sanger North Academy Corridor Enhanced Infrastructure Financing District (EIFD) Infrastructure Financing Ptan (IFP), the Formation of the EIFD, and the Allocation of the City's Incremental Property Tax in Such District
Attachments:
Attachment 1 Sanger North Academy Corridor EIFD Draft Infrastructure Financing Plan (IFP) Resolution No. 2o z -sq
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
AdoptResolutionNo.2e2,L-59-to Approve the Sanger North Academy Corridor Enhanced Infrastructure Financing District (EIFD) Infrastructure Financing Plan (IFP), the Formation of the EIFD, and the Allocation of the City's Incremental Property Tax in Such District Pursuant to Government Code Section 53398.75 Et. Seq.
EXECUTIVE SUMMARY:
Senate Bill 628 (2014) authorizes local governments to form Enhanced Infrastructure Financing Districts (EIFDs) as means to fund infrastructure and public improvements of communitywide benefit. On September 2,202I, City Council approved and authorized the City Manager or designee to execute an agreement for formation of an Enhanced Infrastructure Financing District. On November 18, 2021, the City Council adopted a Resolution of Intention (ROI) to form the EIFD and established the Public Financing Authority (PFA) for oversight of the EIFD.
Prepated by: David Brletic Aooroved by:
REVIEW: City Manager: Finance: City Attorneyi _
TYPE OF ITEM:
X
x
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCILACTION: APPROVED DENIED NOACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
64 The proposed EIFD under consideration is the North Academy Corridor EIFD. Once established, an EIFD may last up to 45 years from first bond issuance.
To date, the PFA has met on multiple occasions:
o On March 29,2022, the PFA convened a public meeting for organizational actions, including the appointment of PFA officers, an overview of the subject matter, and direction to staff and consultants to prepare the Draft Infrastructure Financing Plan (IFP), the draft governing document of the EIFD.
o On May 10, 2022, the PFA convened a public meeting for the PFA and members of the public to receive a presentation on the Draft IFP.
o On June 14, 2022, the PFA convened the first of three required public hearings to hear written and oral comments on the draft IFP and the EIFD; it took no action.
The PFA may not adopt a resolution forming the EIFD and providing for the division of taxes until after the City Council adopts a resolution approving the IFP. (Government Code Section 53398.63) If the resolution approving the IFP is adopted by the City Council this evening, the PFA will convene two additional public hearings (tentatively July 19, 2022 and August 23,2022) to further vet the IFP with members of the public, and to allow an opportunity for landowners and residents to protest formation of the EIFD at the third public hearing.
Very importarfily, if the IFP is materially modified after City Council approval of the IFP this evening, the revised IFP would be required to return to the City Council for approval prior to EIFD formation. The purpose of these public hearings is to enable full transparency on the proposed activities of the EIFD.
BACKGROUND:
Senate Bill 628 (2014) authorized local governments to form EIFDs as means to fund infrastructure and public improvements of communitywide benefit. An EIFD is a governmental entity, legally separate and distinct from the City, and is governed by a PFA for the purpose of funding public capital facilities and infrastructure, as well as other specified projects, such as affordable housing (it should be noted that affordable housing development is not a required component of an EIFD). EIFDs are funded by capturing all or a portion of the property tax increment revenue (i.e., the difference in property taxes paid prior to and post development) generated within the district. The EIFD may finance projects through the issuance of bonds or under ao'pay-as-you-go" model where money is spent as it is collected.
Tax
As described above, the primary source of revenue available to the EIFD is property tax increment. EIFDs allow cities to earmark a portion of tax increment for development of infrastructure, and potentially bond against this potential tax increment, while still supporting a flow of property tax to General Fund for day- to-day operations. Taxing entities are not obligated to participate in the EIFD or contribute any portion of their share of increment to the district; however, a taxing entity, such as Fresno County, may agree to contribute a portion of its increment to the EIFD and PFA to foster infrastructure development and economic growth of community-wide significance. These tax increment revenues may be utilized by the PFA to finance infrastructure and other public projects which stimulate and encourage private development, which in turn will increase in property values.
The types of public facilities proposed to be financed by the EIFD pursuant to EIFD Law generally include, but are not limited to roadways, bicycle and pedestrian facilities, sidewalks, lighting, parks and 65 open space, water, sewer, and other municipal utility improvements, transmission, and distribution improvements, and/or other public facilities. The EIFD would be used to both finance new construction and fund maintenance and rehabilitation.
Formation of the EIFD would not create additional tax burden on property owners, residents, or businesses within the district. The EIFD allows for the utilization of property tax increment revenues to leverage bonds and other finance mechanisms to encourage growth and development. If created, the EIFD has the potential to help generate financial benefits for each taxing entity, including additional property tax revenue, sales tax revenue, transient occupancy tax revenue, business license and development-related fee revenues, in addition to ancillary benefits (e.g., job creation, wages) associated with the redevelopment and revitalization of a key area of the entire community.
Proposed EIFD
On September 2,2021, City Council approved and authorized the City Manager or designee to execute a Professional Services Agreement with Kosmont & Associates, Inc. DBA Kosmont Companies for Tax Increment Financing Consulting Services for Formation of an Enhanced Infrastructure Financing District.
On November 18, 202I, the City Council adopted a Resolution of Intention (ROI) to form the EIFD and established the Public Financing Authority (PFA) for oversight of the EIFD.
The EIFD under consideration is the North Academy Corridor EIFD. Once established, an EIFD may last up to 45 years from first bond issuance.
This Public Financing Authority (PFA) has been established to serve as the goveming board of the EIFD consistent with State law, including a majority composition of the legislative bodies of the participating taxing entity (the City Council in this case) and two members of the public. If, at a future date, an additional taxing entity chooses to be involved, such as the County of Fresno, it is recommended that the PFA membership be modified to remain five members, but include two members of the City Council, one member of the County Board of Supervisors, one public member appointed by the City Council, and one public member appointed by the County.
As outlined in the Draft IFP, the proposed financial structure involves the commitment of 100% of the City's share of incremental property tax revenues within the EIFD for a period of 45 years from the first EIFD bond issuance (expected approximately five years after EIFD formation). This commitment may be revisited and revised by the City Council and the PFA in the future. The proposed structure is expected to provide EIFD funding capacity of approximately $27 million in present-value dollars.
The improvements identified to be prioritized for EIFD funding are:
l. Water and sewer, and other utility infrastructure, including potential contribution to sewage treatment plant upgrades); and
2. Parks, open space, and other recreational infrastructure, including potential related land acquisition costs, and future ongoing maintenance costs.
The City Council and the PFA could incorporate additional projects in the future, based on future planning and study. It is expected that EIFD funding will be one component of a multifaceted funding and financing strategy that includes other sources, such as grants.
The draft IFP outlines estimated fiscal and economic impacts, including a positive City general fund net hscal impact of approximately $15.0 million in present-value dollars over the EIFD lifetime. 66 The IFP may be amended in the future as outlined in the EIFD statute REASON FOR RECOMMENDATION:
This item represents the implementation of previous City Council action, including the September 2,202I City Council action to approve and authorize the City Manager or designee to execute a Professional Services Agreement with Kosmont & Associates, Inc. DBA Kosmont Companies for Formation of an Enhanced Infrastructure Financing District and the November 18,2021 City Council action to adopt a Resolution of Intention (ROI) to form the EIFD. The EIFD is a critical funding and financing tool to address necessary infrastructure benefitting the North Academy Conidor of the City.
FISCAL IMPACT:
There is no fiscal impact associated with this action. If the EIFD is formed, a portion of future property tax revenue increases from properties within the district would be redirected from the City General Fund to the EIFD for the purpose of funding infrastructure and other public improvements within the district.
ALTERNATIVES:
The City Council may choose another course of action, such as abandonment of EIFD formation proceedings at this time.
ACTIONS FOLLOWING APPROVAL:
Following the recommended actions, the following is a surnmary of remaining steps required for formation of the EIFD:
Additional public notices will be provided to landowners, residents, and affected taxing entities with details and availability of the IFP.
Two (2) additional public hearings of the PFA will be conducted as prescribed by State law to consider the IFP, tax increment contribution, adoption of the IFP, and formation of the EIFD.
The EIFD formation actions are anticipated to be completed by Fall of 2022. a
a
67 RESOLUTTON NO. 2022- 5q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,
STATE CALIFORNIA, APPROVING THE INFRASTRUCTURE
FINANCING PLAN FOR SANGER NORTH ACADEMY CORzuDOR
ENHANCED INFRASTRUCTURE FINANCING DISTRICT, THE
FORMATION OF SUCH DISTRICT, AND THE ALLOCATION OF THE
CITY'S INCREMENTAL TAX REVENUE GENERATED IN SUCH
DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 53398.75
ET SEQ.
WHEREAS, the California Legislature enacted Chapter 2.99 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with section 53398.50 (EIFD Law) authorizing cities to designate enhanced infrastructure financing districts (EIFDs) and authorizing EIFDs to use specified property tax increment revenue generated within their boundaries to finance certain public facilities and projects of communitywide significance that provide significant benefits to the EIFDs or the surrounding community; and WHEREAS, in enacting the EIFD Law, the Califomia Legislature found and declared that with the dissolution of redevelopment agencies, public benefits will accrue, if local agencies finance certain public facilities and projects authorized under the EIFD Law; and WHEREAS, the City Council has determined that it will be beneficial to the City of Sanger (City) to form the Sanger North Academy Corridor Enhanced Infrastructure Financing District (Sanger EIFD); and
WHEREAS, by Resolution No. 2021-67 (Resolution of Intention), the City Council has:
(1) stated its intention to cause the establishment of the Sanger EIFD under the EIFD Law (2) identified the boundaries of the proposed Sanger EIFD; (3) identified the types of public capital facilities and other projects of communitywide significance proposed to be financed or assisted by the proposed Sanger EIFD; (4) described the need for the proposed Sanger EIFD and the goals that the City intended to achieve by proposing establishment of the Sanger EIFD; (5) confirmed that incremental property tax revenue from the City may be used to finance those facilities described in an infrastructure financing plan for the Sanger EIFD (FP) that has been approved by the City Council; and (6) set forth that the City Council will consider adoption of a resolution approving the IFP and the proposed formation of the Sanger EIFD; and WHEREAS, by Resolution No. 202I-67, the City Council established the Public Financing Authority of the Sanger North Academy Corridor Enhanced Infrastructure Financing District (PFA), which is the legislative body for the Sanger EIFD; and WHEREAS, pursuant to the EIFD Law, an IFP has been developed for the Sanger EIFD which defines the boundaries of the Sanger EIFD, identihes the public facilities and improvements to be financed with assistance from the Sanger EIFD, and a plan for using tax increment generated in the Sanger EIFD to finance the public facilities and improvements to be assisted by the Sanger EIFD, including the issuance of bonds and other debt; and R20XX-XX Page 1 of3 Ju1y7,2022
68 WHEREAS, the EIFD Law provides for the PFA to hold three public hearings to consider adoption of the IFP, after which it may adopt a resolution proposing adoption of the IFP and formation of the Sanger EIFD ("Enacting Resolution");
WHEREAS, before the PFA may adopt an Enacting Resolution, the City Council, as the governing body of the only entity allocating tax increment revenue to the Sanger EIFD, must adopt a resolution approving the IFP and file the resolution with the Sanger PFA; and WHERAS, the City Council has considered all information related to the approval of the IFP and the proposed formation of the Sanger EIFD, as presented at a public meeting of the City Council, including any supporting reports by City Staff; and the City Council, at the conclusion of the public meeting, is fully informed about such matters; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Sanger as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council's adoption of this Resolution.
2. Pursuant to Section 53398.68 of the EIFD Law, the City Council hereby approves the IFP for the Sanger EIFD in the form attached hereto as Exhibit A and the establishment of the Sanger EIFD, and hereby authorizes the City Manager, following consultation with the City Afforney, to make non-substantive corrections and edits to the final IFP.
3. The City Council hereby approves the allocation to the Sanger EIFD of the City's tax increment revenue generated within the boundaries of the Sanger EIFD pursuant to Government Code Section 53398.75, subject to compliance by the Sanger EIFD and the PFA with the IFP for the Sanger EIFD. As set forth in the IFP, the City's allocation of tax increment is contingent upon the PFA's use of such increment for authorized purposes.
4. The City Council hereby acknowledges that the County-Auditor Controller will calculate the City's tax increment to be allocated to the Sanger EIFD in accordance with Section 53398.75(b), which requires that for areas that overlap former redevelopment agency project areas, any debt or obligation of the Sanger EIFD is subordinate to the enforceable obligations of the former redevelopment agency, as approved by the oversight board for the Successor Agency to the Sanger Community Redevelopment Agency and the California Department of Finance.
5. This Resolution shall take effect immediately upon its adoption.
R2OXX-XX Page 2 of 3 July 7,2022
69 STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss
CITY OF SANGER )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Sanger at a public meeting of said City Council held on the 7th day of July, 2022,by the following vote:
AYES
NOES
ABSENT
ABSTAIN
ATTEST:
Becky Ramirez, City Clerk
Approved as to form:
Hilda Cantu Montoy
City Attomey
Exhibit A: Infrastructure Financing Plan
R2OXX.XX Page 3 of 3 July 7,2022
70 Grv or SnNGER Nonrn Acnoeuy CoRRtDoR
ErunnrucED lrurnnsrRucruRE FlrunrucrNG Dlsrntcr
lrurnasrRucrune FlrunNctNG Pmru
Prepared for:
The City of Sanger
Prepared By:
Kosmont Gompanies
ral
Kosmontcompanres
Jurue 2022
71 Table of Contents
Section
Sanger EIFD
Proposed lnfrastructure F inancing Plan
June 2022
Page
1.0 2.0
3.0 4.0
5.0 6.0
7.O
8.0 lntroduction
Description of the Proposed District.......
Description of Proposed Facilities and Development...........
Finding of Communitywide Significance ...............
Financing Section......
Removal of Dwelling Units and Replacement Housing Plan
Goals of the District
Appendices
..3
.,7
..8
12 13
17 18
19 lndex of Appendices:
Appendix A: Map of Boundaries of the Sanger EIFD
Appendix B: Legal Description of the Sanger EIFD
Appendix C: Projected Tax lncrement Revenue Analysis
Appendix D: Fiscal lmpact Analysis
Appendix E: City General Plan and North Academy Corridor Master Plan Envionmental lmpact Report
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Proposed lnfrastructure Financing Plan
June 2022
1.0 lntroduction
1.1 Background & Purpose
Background. Pursuant to its Resolution No. 2021-67, which was adopted by the City Council of the City of Sanger on November 18, 2021 (the "Resolution of lntention") and Part 1 of Division 2 of Title 5 of the California Government Code (the "EIFD Law"), the City Council of the City of Sanger (the "City") declared its intention to establish the Sanger North Academy Corridor Enhanced lnfrastructure Financing District ("Sanger EIFD' or "District"). Pursuant to the same Resolution No. 2021-67, which was adopted by the City Council on November 18, 2021, the City Council of the City established the Sanger EIFD Public Financing Authority ("PFA") as the governing body of the Sanger EIFD.
At its inaugural meeting on March 29,2022, the PFA directed its Executive Director, who is the City Manager of the City, to work with staff and consultant Kosmont Companies to prepare an infrastructure financing plan ("lFP") for the Sanger EIFD.
Purpose of the Sanger EIFD. The Sanger EIFD is intended to serve as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Sanger EIFD area and the City as a whole. The Sanger EIFD encompasses approximately 280 acres of land, representing approximately 7.0% of the City in terms of acreage. The Sanger EIFD includes a contiguous area of largely undeveloped or underdeveloped parcels with significant potential for new development and/or rehabilitation. These areas were chosen based on their capacity to benefit from catalytic infrastructure improvements with communitywide significance and regional benefit.
1.2 Contents and Overview of this lnfrastructure Financing Plan ("lFP") Pursuant to Government Code Sections 53398.59 through 53398.74, this IFP includes the following information:
a) A map and legal description of the District, included herein as Appendix A and Appendix B, respectively.
b) A description of the public facilities and other forms of development or financial assistance that is proposed in the area of the District, including those to be provided by the private sector, those to be provided by governmental entities without assistance from the District, those public improvements and facilities to be financed with assistance from the proposed District, and those to be provided jointly. The description includes the proposed location, The analysos, projeclio.ls, assumplions, rdcs of tduan, dnd any e*unples pr8scfltcd h6rci1 ilc fo. dlugrfrlive pu!(srs 6fid me nfi a 0lj8'rntcf ol trlual andftr futire ft*ull$. Proie{t pto tornH nrxl lax anatys€6 do projrrctions only. A{lud rs€ulls mar dffier ho.n lhose erprsssdd it tlis Jnalysis.,HKOSntOnt.(unsanF 1601a|.s€p('lvE{taBr+d.r€62,l,fsnhaltanB€ach,gAEo!€6 I t4lit.}?87-1010 | rwr.*osfrEntrom 73 Sanger EIFD
Proposed I nfrastructu re Financing Plan
June 2022
timing, and costs of the development and financial assistance. This information is included in Section 3 of this lFP.
c) A finding that the development and financial assistance are of communitywide significance and provide significant benefits to an area larger than the area of the District.
This information is included in Section 4 of this lFP.
d) Afinancing section (included in Section 5 of this IFP), which contains all of thefollowing information:
1) A specification of the maximum portion of the incremental tax revenue of the City proposed to be committed to the District for each year during which the District will receive incremental tax revenue. The portion may change over time. As detailed further in Section 5.1 and Table 3 of this lFP, The maximum portion of the City's property tax increment to be committed to the District will be 100% throughout the duration of the District lifetime, which is projected to be forty-five (45) years from the date on which the issuance of bonds is approved by the PFA. 2) A projection of the amount of tax revenues expected to be received by the District in each year during which the District will receive tax revenues. Section 5.2 and Table 3 of this IFP includes a projection of tax revenues to be received by the District by year over the course of the District's lifetime, as described in the previous paragraph. These projections are based on research and analysis of available data at the time of IFP preparation for purposes of illustration. Actual results may differ from those expressed in this document. Appendix C provides additional detail for the projected revenue analysis. See paragraph 5 below for the Sanger EIFD termination date.
3) A plan for financing the public facilities to be assisted by the District, including a detailed description of any intention to incurdebt. Section 5.3 of this IFP includes a plan for financing the public facilities to be assisted by the District. The PFA intends to incur debt only when it is financially prudent to do so. lt is estimated at this time that the Sanger EIFD will provide funding for approximately $27 million (in present value dollars) of public improvement costs from a combination of tax increment bond or loan proceeds (multiple issuances may be necessary) and "pay-as-you-go" tax increment funding over the District lifetime. 4) A limit on the total number of dollars of taxes that may be allocated to the District pursuant to the plan. The total number of dollars of taxes that may be allocated to the District shall not exceed $135,000,000 in nominal dollars. 5) A date on which the District will cease to exist, by which time all tax allocation to the district will end. The date shall not be more than 45 years from the date on which the issuance of bonds is approved pursuant to subdivision (a) of Section 53398.81, or the issuance of a loan is approved by the governing board of a local Tha analysos, projoclrtr:s, assumpliqns, tiles of rdurn, and ury rxmples preE{fltld hereil rc fo( llusrfiiw prjpcses rrul fle nol s 0ua.6nl$e 0l trtlral an(rJor futue ftsult$. Prolscl Fro lorrm end lax anrlyses ffi proiG€thns onty. Aetual rsults may diffar horn thosE expressad ir S*s analysis.,HKOStnOn{sls{nfr 1601tl. Ss!.rlv8drBly6.ffiA2,HanhaltanBsach,CA90g66 | {4ft}2g7-r0t0 | rvr.Xosnbntrom 74 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
agency pursuant to Section 53398.87. The District will cease to exist on the earlier of: (i) forty-five (45) years from the date on which the issuance of bonds is approved by the PFA, or (ii) June 30, 2099. This IFP assumes that the District will be formed in Fiscal Year 2022-2023 and will begin receiving tax revenues in Fiscal Year 2023-2024.
6) An analysis of the costs to the City of providing facilities and services to the area of the District while the area is being developed and after the area is developed.
The plan shall also include an analysis of the tax, fee, charge, and other revenues expected to be received by the City as a result of expected development in the area of the District. Appendix D to this IFP includes, as part of the Fiscal lmpact Analysis, an analysis of the costs to the City for providing facilities and services to the area of the District. Appendix D also includes an analysis of the tax, fee, charge, and other revenues expected to be received by the City as a result of expected development in the area of the District. lt is estimated that, at Year 30 of the District lifetime (assumed stabilized buildout of the District area), annual costs to the City will be approximately $1.8 million, and annual revenues to the City will be approximately $2.7 million.
7) An analysis of the projected fiscal impact of the District and the associated development upon the City. Appendix D to this IFP includes an analysis of the projected fiscal impact of the District and the associated development upon the City, as the only affected taxing entity that is contributing tax increment revenues to the District at this time. lt is estimated that, at Year 30 of the District lifetime, the District area will generate an annual net fiscal surplus of approximately $1.0 million to the City.
8) A plan for financing any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of that District and qualifies for the Transit Priority Project Program, pursuant to Section 65470, including any permit and affordable housing expenses related to the project. At this time, the PFA does not intend to finance any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of the District and qualifies for the Transit Priority Project Program, pursuant to Section 65470.
e) lf any dwelling units within the territory of the District are proposed to be removed or destroyed in the course of public works construction within the area of the district or private development within the area of the district that is subject to a written agreement with the District or that is financed in whole or in part by the District, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Section 53398.56. The PFA does not anticipate that any housing units will be removed as a result of any project identified in this lFP. However, if any relocation Thc andy68F, tfijoclifl!5" ass{mptions, r.ilss of relum, and ary rxrnplesprsscntcd herch xe fs ilusfffli,/e pwposes arul frs not a gwantee 0l setual antuor ruhre J+sulls. Floi$cl Fro f0.rn0 arht lax analyses we projections onfy. Artud resulls may dilkr horn lhosc B:rp,Essad ir tlis andlysir. k
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Prcposed lnfrastructure Financing Plan
June 2022
of dwelling units is deemed to be required in the future for a project financed by the District, the PFA will comply with the requirements of Government Code Section 53398.56.
D The goals the District proposes to achieve for each project financed pursuant to Section 53398.52. Section 7 of this IFP summarizes the goals of each project to be financed by the District.
,lEKOSmOnt,ffiinnb
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Proposed lnfrastructure Financing Plan
June 2022
2.0 Description of the Proposed District
The Sanger EIFD encompasses approximately 280 acres of land, representing approximately
7.0o/o of the City in terms of acreage. The Sanger EIFD includes a contiguous area of largely undeveloped or underdeveloped parcels with significant potential for new development and/or rehabilitation. These areas were chosen based on their capacity to benefit from catalytic infrastructure improvements with communitywide significance and regional benefit.
Land use designations in the District primarily include commercial, mixed-use, and several public use parcels. Appendix A includes a map of the proposed District, and Appendix B is a legal description of the District.
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Prcposed lnfrastructure F inancing Plan
June 2022
Page I
3.0 Description of Proposed Facilities
and Development
3.1 Anticipated Future Private Development
Anticipated future private development within the Sanger EIFD is summarized in Table 1 below, with greater detail provided in Appendix C. Buildout and absorption of these land uses are forecasted in the first 30 years of the District lifetime. These development assumptions are within the range anticipated in the North Academy Corridor Master Plan.
Table 1: Anticipated Future Private Development
Source: City of Sanger North Academy Corridor Master Plan, CoStar Property (2022)
3.2 Public Facilities to be Financed with Assistance from the Sanger EIFD The EIFD Law authorizes the Sanger EIFD to finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer, if they are of communitywide significance and provide significant benefits to the Sanger EIFD or the surrounding community.
The PFA intends to utilize the District to fund infrastructure projects of communitywide significance that provide significant benefits to the region over the District lifetime. Table 2 identifies the targeted infrastructure improvements to receive EIFD funding over the District's lifetime, based on information available to the PFA at this time.
Tht analyscs, pols{tims- assumplions, ..iles of r{rurn, and ily *xilnplcs proscatrd hsrcir rs fo. ilusrelhc prrp+$$$ 6nd
'r+
nol r 0umntee 0l frtu8l androt tlhre le*ults. Ptoiscl F.0 fofrn€ afil lax analysas r€ proirtions only. A(tud resutls maFd{hr hornthose expressadb t}*s anafysi:.
Development Type SF / Units I
I
AV Per SF / Unit Estimated AV
Commercial/ Retail 358,094 SF $225 PSF $81 million
Commercial/ Office 414,930 SF $195 PSF $81 million
Hotel 135 rooms $175,000 per room $24 million
Residential 215 units $500,000 per unit $108 million
Estimated Total $293 million
1601 tl. s€frItvBda6tvd. i€Br, ttanhaltan B€arh, cA90266 | {11.uls7-1070 | rr,er.tosnEnL{a,n 78 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
Table 2: Potential Priority Projects for Receipt of EIFD Funding # PROJECT ESTIMATED
cosr
ESTIMATED
TIMING
1 Water and sewer, and other utility infrastructure,
including potential contribution to sewage treatment
plant upqrades)
$20-40 million 2025-2035
2 Parks, open space, and other recreational
infrastructure, including potential related land
acquisition costs and future ongoing maintenance
costs
Additional expenditures by the Sanger EIFD, including any use of potential future EIFD bond proceeds, will be subject to approval by the PFA. Eligible expenditures in accordance with Government Code sections 53398.52 and 53398.56 include the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer and are projects of communitywide significance that provide significant benefits to the district or the surrounding community. The Sanger EIFD may also finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the Sanger EIFD. Facilities funded may be located outside the boundaries of the Sanger EIFD, as long as they have a tangible connection to the work of the Sanger EIFD. The Sanger EIFD will also finance planning and design activities that are directly related to the purchase, construction, expansion, or rehabilitation of these projects. Projects financed by the Sanger EIFD may include, but not be limited to, allof the following:
. Highways, interchanges, and ramps;
. Bridges;
e Arterial streets;
. Parking facilities;
. Transit facilities;
. Parks, recreationalfacilities, and open space;
. Sewage treatment and water reclamation plants and interceptor pipes; . Facilities for the collection and treatment of water for urban uses; . Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles;
. Storm water conveyance and collection facilities;
. Flood control levees and dams, retention basins, and drainage channels; . Child care facilities;
o Libraries;
. Broadbandandtelecommunications infrastructure;
r Sidewalks and streetscape improvements;
. Bicycle lanes and paths;
. Public art;
Thc andfs6s, Fojecliwrs. assumplions, rde.s of rcllurn, and my e.xrnples prescfltcd h?rem rs fo. llugrdivc prr0{$rs rfxt m+ n0{ r 0ui.rntee 0I nctu6l and/or fuhre .esults. ProiDcl pro lofinr iod l&\ analysts arc proirbons on$. A{tud rerultr maydiffor from those expressad ir tt*s anatvsis. ko t601 fl. S€srlvsdiBlvd.11902. t+anhaltan Bearh, CAg0?66 I (414)2F7-r0?0 | r$,ny.tsrantrom 79 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
. Corporation yards;
. Police facilities;
. Brownfield restoration and other environmental mitigation; . Affordable housing as authorized underthe EIFD Law;
. Projects that implement a sustainable communities strategy and transit priority projects; . Acquisition, construction, or repair of industrial structures for private use; . Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery from the COVID-19 pandemic and of ensuring the long-term economic sustainability of small businesses;
. Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought; . Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.
Other Expenses: ln addition to the direct costs of the above facilities, the Sanger EIFD may finance the costs of planning and design work that is directly related to the purchase, construction, expansion or rehabilitation of property, including, but not limited to, the cost of environmental evaluation and engineering and surveying costs; environmental remediation costs; construction staking costs; utility relocation and demolition costs incidental to the construction of the facilities; costs of legal services; and costs of projecVconstruction management. ln addition, the Sanger EIFD may finance any other expenses incidental to the formation, administrationl and implementation of the Sanger EIFD and to the construction, completion, inspection and acquisition of the authorized facilities, including, but not limited to, the costs of creation and administration of the Sanger EIFD; costs of issuance of bonds or other debt of the Sanger EIFD or of any other public agency (including a community facilities district) that finances authorized facilities, and payment of debt service thereon; financing costs of improvements incurred by developers until reimbursement for the costs of the improvements from the Sanger I Administation costs refer to the actual or reasonably estimated costs directly related to the administration of the Sanget EIFD, including, but not limited to, the following: the costs of computing annual tax increment reveflues and preparing the tequited annual reporting; the costs of allocation tax increment revenues (whether by the County, the City, or otherwise); the costs to the City, Sanger EIFD, ot any designee thereof in complying with disclosute requirements; the costs associated with preparing tequired disclosute statements and responding to public inqufuies regarding the Sanget EIFD; and the costs of the City, Sanger EIFD, or any designee thereof related to any appeal of the implementation of the Sanger EIFD. Administration costs shall also include amounts estimated or advanced by the City for any other administtative purposes, including but not limited to, attorney's fees or any other expenses incidental to the implementation of the Sanger EIFD.
Tht anulysss, pmjecliafis. assumplions, rdes of rdurn, and any o*xnplespreEcrtrd hsrsir rG For dlugralivf pup{$c$ afil me nfl a fus.sntee 0l8ctu8l an{ffor rulre .t*ull$. Prsi$tl Br0 r0ln6 ilftt lar anafs€G *a proixhons only. Actud resulta rnaydthr frorn Smao expr€,ssadir Fis rnabsts" k
t601at.s*FrfvBdaBNd.t€02,LlanhaltanB€aEh,cA90266 | (4!4)?srn0lo I iwf,.fidffFnlron 80 Sanger EIFD
Proposed I nfrastructure Financing PIan
June 2022
EIFD; costs incurred by the City, or the Sanger EIFD in connection with the division of taxes pursuant to Government Code section 53398.75; and legal costs.
Targeted improvements would conform to established guidelines in adopted planning documentation, such as the City General Plan.
The PFA intends to continue to identify, evaluate, and pursue additional funding sources and financing mechanisms aside from District tax increment to implement the improvements identified above, potentially including grant sources, complementary district formation (e.9., Mello-Roos Community Facilities District), impact fees, private sector investment incentivized by the formation of the Sanger EIFD itself, and/or other sources.
Private sector developers will be responsible for funding project-specific / fair-share I in-tract infrastructure. Some public facilities included in the Sanger EIFD area are anticipated to be provided by governmental entities without assistance from the District. There are no public facilities anticipated to be provided jointly by the private sector and governmental entities; however, it is possible that private sector developers may advance funding for improvements, and those advances may be partially reimbursed with EIFD proceeds. Such case-specific agreements would come before the PFA for approval at the appropriate time. ln accordance with Government Code Section 53398.69, the Sanger EIFD may expend up to 10 percent of any accrued tax increment in the first two years of the effective date of the Sanger EIFD on planning and dissemination of information to the residents within the Sanger EIFD boundaries about the IFP and planned activities to be funded by the Sanger EIFD, including reimbursement of the City's advanced funding of such eligible costs. ln addition, in accordance with Government Code Section 53398.76, costs incurred by the County of Fresno in connection with the division of taxes for the Sanger EIFD are eligible to be paid by the Sanger EIFD.
ko
The ardyscs, prejcclisls" ass{rmplions. rsrs of rrlurn, and rny frwnplcs prsxnttd hsreir *c lor Jludf $tiw prr!{*e$ ffnd flre ftil ff f,uarantff ol &chrsl andrsr tutrre,'e3ult$. Pr$isct Fro to.ma ar:(l lex dn*ly6es {s proirtions only. Arlu* rusults may dffitr kom hosc erpressed h &ir analysis. 1601 al. sefulvErtr6lvd. #3ft2, itanhaitan E€arh, cA902€6 | (12iri?g?-.t$?o | *!,fi.to$rEnl.{om 81 Sanger EIFD
Proposed I nfrastructure F in ancing Plan
June 2022
4.0 gn
nd ng of CommunitywideF
S
i
I
I nGA cefi
lmplementation of the District promotesthe goals of and is consistentwith the Gity's General Plan, facilitates implementation of regional connectivity through various modes of transportation, and provides the infrastructure foundation for the development of critically needed housing in the community and greater region. The District supports job creation, housing production, and improvement of quality of life.
Specific communitywide and regional benefits anticipated to be generated by the District include:
. Approx. $15 million in net fiscal impact to the City over 50 years (on a presentvalue basis) . Approx. 215 housing units within the District upon buildout and stabilization . 3,461 direct, indirect, and induced temporary, construction-related job-years2 in the City and County, supporting $219 million in totalwages
. 2,171 direct, permanent jobs in the City upon buildout and stabilization . 918 additional indirect and induced permanent jobs in the City and County (total of 3,088 direct, indirect, and induced jobs) upon buildout and stabilization, supporting $144 million in wages
. $484 million in economic output from construction in the City and County . $282 million in annual ongoing economic output in the City and County upon buildout and stabilization.
2 A job-yeat is defined as one year of employment for one employee. Over a 3O-year construction period, 6,922 job-yeats translates into apptoximately 237 annual average jobs.
Thc rndllEcs, Fpieclinrs^ assrmplions, r.ile5 of rdurn, ilnd ury exrnples pr8sertsd h€rcir rr fdr Nlusralivr prrr{$cs and ere not fr 0uflantef ol nctu8l {ndtor trhae ftcults. F roiect Fro tofr}o ilxt lax analyses are proictions onty. Aclud r€sulls maydffiGr fro.nthoee expre3s€dh tl*s aflatysis. ko
1601 ll. s€g.ilvBdaBr$d. rr$02, l,{anhatrdn B€ach, eAg0E6G | {4?,1)20?-10?0 | $,vr.tofflont.com 82 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
5.0 Financing Section
Projections included in this IFP are based on research and analysis of available data at the time of IFP for purposes of planning and illustration. Actualresulfs may differ from those expressed in this document.
Aside from the City, no other taxing entity is allocating property tax increment to the District at this time. lt is anticipated that property tax increment will be utilized on both a "pay-as-you-go" basis as well as security for tax increment bond issuance or loan acquisition.
Definition of Tax lncrement. For purposes of clarity, the phrases "tax increment," "incremental property tax" and "incremental tax revenue", as used in this IFP and the EIFD Law, refer to the portion of future propertytax revenue described in Section 53398.75(aX2) of the EIFD Law, i.e., the difference between (A) and (B) in the following formula:
(A) the taxes that would be produced by the rate upon which the tax is levied each year during the term of the Sanger EIFD upon the totalsum of the assessed value of the taxable property in the EIFD in each such year minus
(B) the taxes that would be produced by the rate upon which the tax is levied upon the total sum of the assessed value of the taxable property in the Sanger EIFD as shown upon the last equalized roll prior to the effective date of the resolution adopted pursuant to Section 53398.69 of the EIFD Law to create the Sanger EIFD.
ln the case of the Sanger EIFD, the resolution adopted pursuant to Section 53398.69 was [is expected to bel adopted on August23,2022, and the last equalized roll prior to the effective date of that resolution is the roll for Fiscal Year 2022-2023. Fiscal Year 2022-23 is referred to as the "base year." The assessed value of the taxable property shown in such last equalized roll is approximately $17.4 million. This value is referred to as the "base year value".
5.1 Maximum Portion of lncrementalTax Revenue Dedicated to the District The maximum portion of the City's property tax increment (including the incrementaltax revenue described in the previous sentence) to be committed to the District will be 100% in each year throughout the District lifetime. As authorized in EIFD law, the PFA may revisit this percentage maximum at a future point in time, but any such revisions would be formulated such any existing agreements, debt service, or other outstanding obligations would not be affected (i.e., revisions would only pertain to new future agreements/obligations). ,HKosrnont.sxnlHilF
The andyses, proje(liF$. asiumplions, tnaes of rr.turn. and aryt exarnplgs prescnttd hcrcir rc fs dlusrfflive pws4seg aft, {ie fl\1{ I gusfantee ol a4tpJl artd/or Fvt1'S .+sqlt$. Proi*c( Fro f#rra ffr}l lil$ analysss ffs proiahons onfr. Actud resulls maydiffqr fisrn thosa axpresscd h tl*5 rnalysis. '!601 !'1. $eulvErtaBlvd.*302, }&tnhalaanBsach,(}Am?6€ | {4t,t}29?-r0I0 | *wr.r(aerrEntrom 83 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
5.2 Projection of District Tax Revenues by Year
Table 3 provides an overview of the projected growth of assessed value, property tax increment, and City allocations to the District over the District lifetime. lt is expected that a total of approximately $67 million of incremental tax revenues will be allocated to the District by the City over the District lifetime. These projections are based on research and analysis of available data at the time of IFP preparation for purposes of illustration. Actual results may differ from those expressed in this document. Appendix C provides additional detail for the projected revenue analysis.
5.3 Plan for Financing Public Facilities
The PFA intends to utilize numerous funding sources and financing mechanisms to implement the improvements identified in Section 3.2, potentially including District tax increment, grant sources, complementary district formation (e.9., Community Facilities District), impact fees, private sector investment incentivized by the formation of the Sanger EIFD itself, and/or other sources.
As it pertains to the use of District tax increment, the PFA intends to incur debt only when it is financially prudent to do so. lt is estimated at this time that the Sanger EIFD will provide funding for approximately $27 million (in present value dollars) of public improvement costs from a combination of tax increment bond or loan proceeds (multiple issuances may be necessary) and pay-as-you-go tax increment funding over the District lifetime.
5.4 Limit on Total Dollars Allocated to the District
The total number of dollars of taxes that may be allocated to the District shall not exceed $135,000,000 in nominal dollars over the District lifetime.
5.5 District Termination Date
The District will cease to exist the earlier of: (i) forty five (45) years from the date on which the issuance of bonds is approved by the PFA, or (ii) June 30, 2099. This IFP assumes that the District will be formed in Fiscal Year 2022-2023 and will begin receiving tax revenues in Fiscal Year 2023- 2024.
5.6 Analysis of Costs to Provide Facilities and Services Appendix D to this IFP includes, as part of the Fiscal lmpact Analysis, an analysis of the costs to the City for providing facilities and services to the area of the District while the area is being developed and after the area is developed. lt is estimated that, at Year 30 of the District lifetime (assumed stabilized buildout of District area), annual costs to the City will be approximately $1.9 million to service the area of the District. Annual revenues to the City are estimated at approximately $2.2 million from development within the District.
The arrJyses, pm.iacliff;s. ass{mptions, rale5 of rdurn, and arry ex*nples plesmtcd hsrcir rc for iluflfaliv; pwpcsf$ 6ru1 ae not ff guaranlee ol dftl,8l andlof fuhre {e*ults. Prsiset Fro fsl1na afrt lar analyses are prDi€ctions onh. Actud rssults may differ ftorn those orprasfsd i tl*s analysis.,HK0smont.(r{qFnF 1601 t{. 3e*.rlvsdrBlvd. *34a, M{nhaltan E€arh, CA90266 | (it,t}2e?-!f,fo I rtvr.k6snEn!{om 84 Sanger EIFD
Proposed lnfrastructure Financing PIan
June 2022
Table 3: Projection of District Revenues by Year
CiW AB8 Property Tax Allocation City MVLF ln-Lieu Allocation Fiscal Year lncremental
Asses*d Value
Property Tax
lncrement @
1% General
Levy
Average City
ABg Share
Available
City AB8
lncrement
Available
Portlon of
Gty AB8
Share
Allocated
City A88
lncrement
Allocated
Average City
MVLF Share
Available
City MVIF
lncrement
Available
Portion of
City MVIF
Allocated
City MVLF
lncrement
Allocated
Total Taxes
Allocated to
EIFD
2022 / 2023
2023 / 2024
2024 / 2075
2O2s / 2026
2026 / 2027
2027 | 2028
2028 | 2029
2029 / 2030
2030 I 203!
203L / 2032
2032 / 2033
2033 / 2034
2034 / 2O3s
2O3s / 2036
2036 | 2037
2037 / 2038
2038 / 2039
2039 / 2040
2040 / 204L
204L / 2042
2042 / 2043
2043 / 2044
2044 | 2045
2045 | 2046
2046 I 2047
2047 | 204A
2048 / 2049
2049 | 2050
2050 | 2057
205r | 2052
2052 / 2053
2053 / 2Os4
2054 / 21ss
2055 / 2056
2056 / 2057
2057 / 2058
2058 | 2059
20s9 / 2060
2060 / 2061
206r / 2062
2062 | 2063
2063 / 2064
2064 | 206s
206s / 2065
2066 / 2067
2067 / 2068
2068 / 2069
2069 / 2070
2070 / 207L
207L / 2072
2072 I 2073
515,804,189
534,273,570
5s2,428,029
57L,287,98L
s103,916,338
5124,511,546
s145,882,019
s168,0s0,s3r.
S191,040,455
5229,275,15r
5240,902,21!
s2s2,89s,667
526s,26s,s24
5278,022,042
5291,t75,739
5304,737,399
S318,718,080
s333,129,117
5347,982,t32
$363,289,041
5379,062,057
s39s,3r.3,703
S4i.2,0s6,813
S429,304,548
5447,070,393
s465,368,L74
5484,2r2,062
Ss03,6i.6,s83
Ss23,s96,625
5s44,L67,445
Ssss,399,582
9s66,8s6,361
ss78,s42,276
s590,46!.,909
s602,619,934
56Ls,ozt,rz'
s627,670,330
5640,s72,524
56s3,732,767
s667,1s6,20s
s680,848,116
s694,813,866
s709,0s8,931
5723,s88,897
5738,4O9,462
5753,526,439
s768,945,755
s784,673,458
s800,715,715
So
S168,042
5342,736
5s24,28o
$712,880
S1,039,163
SL,24s,t$
S1,4s8,820
51,680,sos
S1,910,40s
52,292,7s2
52,409,022
52,s28,9s7
52,6s2,6ss
52,780,220
52,grL,7s7
53,047,374
S3,187,181
S3,331,291
53,479,821
S3,632,890
53,790,62L
S3,9s3,137
54,120,s68
54,293,04s
s4,470,704
$4,6s3,682
54,842,r27
Ss,036,166
ss,23s,966
5s,44r,674
S5,ss3,996
Ss,668,s64
Ss,78s,423
Ss,904,519
56,026,199
s6,1s0,211
56,276,703
56,4os,72s
S6,s37,328
56,67r,s62
S6,808,481
S6,948,139
S7,090,s89
S7,23s,889
S7,384,095
57,s3s,264
S7,689,4s8
57,846,73s
S8,007,1s7
s8.170.788
9.54%
9.54%
9.54%
9.54%
9.54%
9.54%
9.54%
9.54%
9.54%
9.54o/o
9.54%
9.54%
9.54%
9.54%
9s4%
9.54%
954%
9.54%
954%
9.54%
9.54%
9.54%
9.54%
9s4%
954%
9.54%
9.54%
9.54%
9.54%
9s4%
9.54%
954%
954%
9s4%
9.54%
9.54%
9s4%
9.54%
9.54%
9.54%
9s4%
9.54%
9.54%
9.54%
9.54%
9.54%
9s4%
9.54%
9.54%
9.54%
9-\40/"
So
S16,031
532,697
Sso,o16
S68,oo9
599,136
5rL8,784
Sr.39,171
S160,320
S182,2s3
s2!8,728
s229,82r
524r,262
S2s3,063
S26s,233
5277,782
5290,719
s304,0s7
S317,80s
S331,97s
S346,s78
s361,625
5377,rz9
S393,102
s409,ss7
s426,s0s
5443,961
5461,938
S480,4so
S499,s11
$519,136
Ss29,8s1
Ss40,781
$s51,929
Ss63,301
$s74,899
Ss85,730
s598,797
s511,105
s623,551
S636,467
s649,529
s662,852
5676,442
S690,304
s704,443
S718,864
5733,574
5748,578
5763,883
(77c 4c1
L00%
100%
to0%
L00%
!00o/o
1.00%
r00%
r00%
L00%
100%
to0%
LO0%
ro0%
t00%
t00%
1:00%
L00%
t00%
too%
L00%
to,%
1.00%
r00%
100%
too%
to0%
L00%
t00%
L00%
t00%
t00%
100%
L00%
t00%
L00%
LOg%
to0%
t00%
100%
L00%
L00%
100%
700%
t00%
t00%
L00%
t00%
100%
700%
r00%
r00%
5o
S16,031
532,697
550,016
S68,oo9
S99,136
S118,784
s139,171
S160,320
S182,2s3
5218,728
5229,821
s24r,262
S2s3,063
s26s,233
s277,782
s290,7]l9
S3o4,os7
S317,80s
S331,97s
S346,s78
S361,62s
5377,r29
S393,102
S4o9,ss7
s425,s0s
5443,961
5461,938
S480,4so
s499,s11
S519,136
Ss29,8s1
Ss40,781
5ss1,929
5s63,301
Ss74899
ss86,730
5s98,797
5611,106
5623,661
S636,467
5649,s29
5662,8s2
5676,442
s690,304
s704,443
S718,864
s733,s74
5748,s78
9763,883
9779.493
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
70.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
20.7%
So
5t+,tgz
Szo,gog
S1o8,ss2
S147,601
S21s,1s8
S2sZ801
S3oz,o48
5347,948
539s,s49
5474,713
5498,787
Ss23,619
$549,231
557s,644
S502,878
s630,9s8
$6s9,90s
S689,743
5720,496
57s2,189
5784,847
S818,495
58s3,162
S888,873
$92s,6s8
5963,s43
S1,oo2,ss9
5r,u2,736
S1,084,10s
5L,126,697
S1,149,9s3
5r,r73,674
s!,L97,870
sr,222,s49
$r,247,722
5L,273,399
S1,299,s89
S1,326,303
S1,3s3,ss1
S1,381,344
Sr,409,693
s1,43&609
5r,468,t04
s1,49&188
51,s28,874
S1,s60,174
S1,s92,099
5!,624,663
5!,657,879
s1.691.7s9
roo%
r00%
t00%
t00%
L00%
r00%
LOO%
100%
L00%
LOO%
LOO%
LOO%
too%
roo%
too%
t00%
!00%
L00%
r00%
t00%
too%
roo%
LOo%
to0%
too%
100%
r00%
t00%
LOO%
L00%
roo%
too%
700%
t00%
L00%
100%
L00%
L00%
r00%
100%
L00%
too%
LOO%
too%
100%
r00%
t00%
too%
LOO%
700%
7000/"
$o
S34,793
s70,953
5i.o8,ss2
5]^47,601
s215,1s8
s2s7,801
S302,048
5347,948
s395,549
5474,7]-3
5498,787
Ss23,619
s549,231,
Ss75,644
S602,878
s630,9s8
S6s9,9os
S689,743
5720,496
S7s2,189
5784,847
S818,49s
S8s3,162
S888,873
S92s,6s8
S953,543
S1,ooz,ss9
51,042,736
S1,084,10s
5t,t26,697
S1,149,9s3
sL,t73,674
5r,r97,870
5r,222,s49
5r,247,722
5r,273,399
S1,299,s89
51,320,303
S1,3s3,ss1
S1,381,344
s1,409,693
s1,438,609
S1,458,104
S1,498,188
sL,s28,874
S1,s60,174
S1,s92,099
5r,624,663
5r,6s7,879
s1.591.759
So
5s0,824
S103,660
S1s8,s68
S21s,610
S314,29s
S376,s8s
S44t,z2o
Ss08,268
5s77,801
5693,442
S728,608
5764,882
S802,29s
S840,877
S880,660
592L,677
5963,962
S1,007,s48
$r,0s2,47r
s1,098,766
5L,146,472
S1,19s,62s
5r,246,264
S1,298,430
S1,3s2,163
5!,407,s04
5r,464,498
S1,s23,186
S1,s83,616
5r,64s,832
$1,679,804
5r,7L4,4s5
sL,749,799
S1,785,8s0
5r,822,622
51,860,129
S1,898,386
sL,937,409
sL,977,2r2
s2,0L7,8LL
52,0s9,222
52,L}L,462
s2,!44,546
s2,r88,492
$2,233,3L7
52,279,038
52,32s,673
52,373,242
52,42L,762
32.471".2s2
Total 3222.A70.476 52L,26t,s? t(wo s21.261.843 546.14s.246 tolJ% s46.L45.246 367.4o7.o89 Present Value @ 3% s90.233.849 s8.608.309 tolJP/" s8.608.309 318.6t2.983 10{J9l sr8,682,883 s27.29L.L93 Thc analyses, prajeclio.rs. irssrmplions, rates of rdurn, and any tx*nples presentrd herci'! trc fo. dluflrilivc plrpojes Frrd il+ nol 6 lus.tntee 0t sf tual andlst fuhre r€ults. Proi*r:l Fro r{)r*H arxl lax analysoi aro projtrctions only. A{tud .€sult6 may dffor korn lhore ExpregsGd ir tti: analysis.,HKosrnontrrtttlffnh 1601 il. gepulvfflaBlvd. #382, Manhaltan E€ach, rS90?66 I (43i1;:01-!0F0 | rwf,.*asrrEnt{orB 85 Sanger EIFD
Proposed lnfrastructu re Financing Plan
June 2022
5.7 Fiscal lmpact Analysis
Appendix D to this IFP includes an analysis of the projected fiscal impact of the District and the associated development upon the City, as the only affected taxing entity that is allocating tax increment revenues to the District. Table 4 presents an overview of fiscal impacts to the City. lt is estimated that, at Year 30 of the District lifetime, the District area will generate an annual net fiscal surplus of approximately $1.0 million to the City.
Over 50 years, it is estimated that District activity will generate a positive net fiscal impact of approximately $15 million for the City on a present-value basis.
Table 4: Overview of Fiscal Impactsto City
5.8 Developer Reimbursement for Transit Priority Proiect The PFA does not intend to finance any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of the District and qualifies for the Transit Priority Project Program, pursuant to Section 65470. To the extent that a developer is willing to fund Transit Priority Project infrastructure expenditures beyond and in advance of said developer's fair share (not contemplated at this time), the PFA may consider and evaluate such reimbursement at the appropriate time.
The analyscs, pojeclicrs, assumplions, rales of Rdurn, and any o(ilnplas prG$rnt€d hereir rc fq dlusffrli'rc ptr[ssc$ afrd ile nol I 0utranlec ol nchrrl andfof tuhre .f*ult$. Proiccl Fro to(fiH ilnd lax analyFas ars proFctions onry. A(tu* r*ults may dilr hom thoso expr*ssod b Eis anatysis.
Annual
(Stablized
Year 0-50
Nominal
TotalYear
City of Sanger
Estimated Fiscal Rerenues (Net of EIFD Allocation) $2,748,900 $113,886,200 Estimated Fiscal itures 1 500
E$imated Net Fiscal lmpact to Gity $s84, $40,530,700
Year 0-50
Present Value
@-3.0%
$42,343,900
$27,314,500
$15,029,400
kos
t601 l{. Sqpi,lv6deBfvrt. t3&t, Manhaltan B€ach, CA902€6 | (1!4}20?-1010 | rvrf,.t(oslrFnt{om 86 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
6.0 Removal of Dwelling Units and
Replacement Housing Plan
The PFA does not anticipate that any housing units will be removed as a result of any public works construction within the area of the District or private development within the area of the District that is subject to a written agreement with the District or that is financed in whole or in part by the District. However, if any relocation of dwelling units is deemed to be required in the future for a project financed by the District, the PFA will comply with the requirements of Government Code Section 53398.56.
Thc .ndFcs, paojoclkrrs. ass{mplions, rdcs of rdum. dnd nry c.xrnples presentqd hErei ilG fo. llusrdivr prf!4$e$ rnd me nol fr guranlef 0l trtlldl antu0t luhre rc$ult$. F'r0lsct pro fonn8 E{ld lax anavs{E tro proie€lirns only. Artud rueults may dllor frorn hoFa Fxpressad ir ilis anatyrir. t601 il. SsflrlvEdaBhd. ffi42, lfanhaltan B6aih, CA96266 | tllil)20?-tC?0 | rr#r.t(o6monl{qn 87 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
7.0 Goals of the District
As stated in the Resolution of lntention, the goal of the Sanger EIFD is to assist in the provision of public facilities of communitywide significance that provide significant benefits and promote economic development within the boundaries of the Sanger EIFD or the surrounding community and, for those facilities located outside the Sanger EIFD boundaries which also have a tangible connection to the Sanger EIFD.
More specifically, the goals of the District's implementation of the public facilities outlined in Section 3.2 are to support the City's General Plan and to provide the infrastructure foundation for the development of critically-needed housing and commercial development in the community and greater region. The District additionally aims to implement Statewide policy goals of housing supply and sustainable infrastructure investment.
Additional objectives include economic development in the form of fiscal revenue generation for the City and other taxing entities, job creation, housing production, and improvement of quality of life. The District will be utilized to address critical infrastructure funding needs, which are are criticalto catalyze private sector investment and development. ,HK0smont.OtrFtrF
Thc andyscs, prr.ieclfur:5, assumpliqns, rdrs of telurn, ild my tr*nplos pros+nttd hcrdr rG For illucrfilMe pupose$ and fre nol ff gur6nte* d rehrrl andfot luhre J{$uls. Proioct Fro t{fina a{rd lrx dnalyssr *s proF hons only. Actud results may dffqr ho.n tnse e*prsrssd it S*e anallsis. r6D1 r'1. S€f{leErtt 6tsd. *382, t*anhaltan B€aih, rH90266 | {424J ?g?-r0t0 | r\e?.*ssrnontdom 88 Sanger EIFD
Proposed lnfrastructure Financing Plan
June 2022
8.0 Appendices
Appendix A: Map of Boundaries of the Sanger EIFD (Attached) Appendix B: Legal Description of the Sanger EIFD (Attached) Appendix C: Projected Tax lncrement Revenue Analysis (Aftached) Appendix D: Fiscal lmpact Analysis (Attached)
Appendix E. City General Plan and North Academy Corridor Master Plan Envionmental lmpact Report (Linked): https://www.ci.sanqer.ca.us/458/2035-General-Plan-Update Thc andysos, projecliorw, ass{rmplions, .dss of rdum, dnd xry exrnplcs prcsfited hcroir tc kr iluglalivr FLrp6se$ snd re {r0{ a lurantee of achrdl and/or lntwe r€iult$. Proi€cl pro fofiro ar*l lax analyrec nro projrctionF only. Aclud r€€ulte rnay dfror hom those sipres:od ir $is anatysis.,HKOSmOntsrlrilfr 1601 t{. ScpulvEdrBlvd. P062. l*anhaltan Bsach, Ciq90?66 | (494}29?-t010 | $,vr.xcailEnt{om 89 Appendix A: Map of Boundaries of the Sanger EIFD
(consistent with North Academy Corridor Annexation Area) e Hili&T SAHYT*{ n0t6
roR*ilEsl coFf{EF
sgcTr0{ tt t+/tt
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LINI TA8!-E
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L1 $8945',sS'W ,3XJ"08'
LS sEg',l5'5e'll !0J484'
ia J'JCIU6"I1T 88r.0/
ld HE9'+I'49t rfrr9.s6'
t-$ t{0T2'r8t 660,8,I'
L8 SBg-48'46'ff 761,95'.
L7 Fd€9'4€'{6"8 stJ.0J'
HALIEF V
ANNEXATION EXHIBIT
PfrOJgCTfirrE
E_ Ysmube f,. Horn
rEl!., Etgfrnrrlrry, ntE.(E4'@
il8ffi#rraf frfitraqIEB tnl Hisll r'llryff- llrtailliUtfl NORTH ACADEMY
CORRIDOR AHNEXATION
'ETaF$ruFn€il
D[lF: JIU!ff2i
$Elr: fu lfoaod
Yll Jot Ho- 1[!;a1ghcdffq, _ i
ol t frxr
Ftiltfilril$orn t$a AI|l $1*lml F* r!f,hr: Frldll?t{t/r*qlG*rtrtil.ft!-mfjm!-&,l fi 90 Appendix B:
Legal Description of Sanger EIFD
All that pertlon of Section '10 and Beciion 'l l, T*r*'n*hfp 14 $outh, Range tlEaet, hilount Dl€blo Elase erd Meridian amording to tha Official United'statee Governrnent Plet anpr*ved by the surveyor Gen?ralon DaeamneiCr, rgf4,de$crlhsd as full*r*g:
Beginning at th* Sorrthess{ 66ffierof aaid S*stion 1S;
Ilgry* {1} $nuth s9'45'0s" West, alorg $outh Line said Secthn 10 a dietance of52$.09 f€Et; Thence {t} North 0'32-'lS* East 1391 ,S5 feet la a Boint on ths }-torth Lina *f 1pie south*s*t Qrmrter of the sauthea*t euarter of s€ld $ection ,tfr; Thence {3} $outh SS'48'52- West elong mH Narth Line a dishnce of 1034.84feet; Thence {4i Leaviftg eaH North Line, }'lorth 0"0ff'1 1" East ss1,0r i*et; Therrce {5} f.b*fi 89"47'49 Ea*t 1039,8€ faet;
Thence {fl} North 0o3g'18'East 660.S3 feet lo a point on the S*utir Line sf theNorthesEt ftuarlen sf said ,$ecthn .!S; Thenca {Ii Horth sg'48'46" East along seld Souttl Line s distar*m sf SpF,0l feetts the East Quartsr Corner sf said Sactian .10; Thance {8} South S'31'{ff'lffest alarrg tha East f-ine of the Scutheast Quartersfsaid Sectisn 10, a distanee sf 3S42.7? feet to $sutheasl Corner rf said Section 1S ard the Pcint of Eaginning.
Togather wlth the West helf of the SouthweEt Qugrter of Sald segtion 11; Together wlth th€ Easl haf of the lrlsrtheast Quarter of $aid Section tr0 and theWest half of the l\hrthwnst euarter of $std $estien .f .l Excepting therefrcrn the Horth gfi.n0 f€et.
91 Contalns an amg of !0S.SZ A&res, rrnrts or lega
Dahd: June 14, ile{
Foressaesrnenf rytrF?Ei$ ant4 rhre daswtptforr olFfurd ls mof a legsrFnqpaqy descr{ollhn as dsi*aed h ftt€ Subdirnsror, frtap Acf and may nat hs udd is rfi6i frpsrs fur nn otfBr fur $atg of ffie l*nd dg*nr$hbO.
wttrEE V
92 APPENDIX c: sanger EIFD - Projected rax lncrement Revenue Analysis s314,29s S37E,s8s
DRAFT
22 units
577,34837r
11,935 SF
s3,08s,031
13,831 SF
s3,098,0s3
s153,321,392
s145,882,019
s1,458,820
S139,171
r00%
S139,171
5302,048
too%
5302,048
Y4t,22o
7554310 2
For Sale Residential
5500,000 per unit
Commercial/ Retail
5225 PsF
Commercial / Office / Flex
519s PsF
Hotel
Su5,000 per room
Subtotal Value Add
Total Assessed Value
lncremental AV
Total tax increment @ 1%
City Shar€ Available
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVLF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
9.54%
20.70%
$t7,439,373
22 units
s10,95s,000
11,936 SF
52,739,4r9
13,831 SF
s2,750,983
s16,4ss,402
534,242,s62
515,804,189
S168,042
S15,031
t00%
S16,031
534,793
LOO%
534,793
22 units
S11,184,300
11,936 SF
s2,794,207
13,831 SF
s2,805,002
s16,784s10
isr,7L2,943
534,273,s70
5342,736
532,697
t00%
532,6s7
S70,963
too%
S7o963
22 units
S11,407,98G
11,936 5F
s2,8s0,092
13,831 5F
s2,862,!22
r20,200
569,867,402
5s?-,428,029
5s24,280
5so,o16
ro0%
Sso,o16
S108,ss2
too%
s108,ss2
s1s8,s58
22 units
s11,636,146
11,935 SF
$2,907,093
13,831 SF
S2,919,36s
5r7,462,604
588,727,3s4
571,287,98r
S712,880
S58,oo9
LOO%
S68,oos
5147,60I
LOO%
5747,60L
s21s,510
22 units
s11,858,869
11,935 SF
52,96s,23s
13,831 SF
52,977,752
68 rooms
S13,041,954
s30,8s3,810
sLzt,355,7rr
s103,916,338
S1,039,153
s99,136
rooo/"
599,135
S21s,1s8
roo%
s215,158
22 units
5r2,1,06,246
11,936 5F
s3,024,540
13,831 SF
s3,037,307
16&093
s141,950,919
sr24,5rr,546
5t,24s,r!5
S118,784
LOl%
S118,784
52s7,80L
roo%
s257,801
Sso,824 s103,650
TtlG ardyErs, proiaclins., rsgtmdions, ralcs of r!{um, ard *ry cwnphs prcstr*d hcrcil ,rE ffi Jluslfriiv" ptr0sses a{$ re no( s olfatsn df trhril an(Uor fta#* rc*4rn3. Prsjnet pri l0fiE and la( an4Ers *E prDFctbns or*y. A{hrd rgsuhs rmy dlfur ftom thosF ererBsssd il t*s anatysis" 215 units
S120,063,G91
3s8,094 SF
sttL,r32,97r
414,930 SF
i'l'r,602,o79
135 rooms
527,44r,326
5370,24o,067
527,26r,843
52r,26L,U3
546,r4s,246
54G,L4s,246
567,407,089
4/13/2022 ko 1601H.$€purvEdaebd.f38e"iranhrttaflH€ach.cA9o!6fi|({t4}2s?-ro?DIr&.r.tffirEnt{!{a Page 1 of7 93 APPENDIX c: sanger EIFD - Projected rax lncrement Revenue Anatysis 22 units
512,s9s,338
11,936 SF
53,145,73L
13,831 SF
S3,160,014
S18,902,084
5185,489,904
51o8,oso,s31
s1,680,s0s
s160,320
LOO%
s160,320
5347,948
LOO%
5347,948
22 units
512,847,24s
11,936 SF
S3,209,665
13,831 SF
s3,223,2!s
5L9,280,726
5208,479,828
S191,040,455
S1,910,40s
s182,2s3
700%
5],82,2s3
s39s,549
100%
s39s,s49
10 22 units
S13,104,190
11,935 SF
s3,273,8s9
13,831 SF
53,287,679
58 rooms
5t4,399,372
5246,7!4,s24
5229,275,r5r
s2,292,7s7
5278,728
tog%
5218,728
5474,7]-3
too%
5474,7L3
11 11,936 SF
s3,339,337
13,831 5F
S3,3s3,432
s6,692,769
S2s8,341,s84
5z4o,9oz,zLr
52,409,022
5229,82r
100%
5229,82t
5498,787
t00%
5498,787
s728,608
12 11,936 SF
S3,406,123
13,831 SF
S3,420,s01
55,826,624
S270,33s,Mo
s252,895,557
52,528,9s7
524L,262
700%
524r,262
5s23,619
100%
Ss23,619
13 11,935 SF
53,474,246
13,831 5F
s3,488,911
$282,704,897
Sz6s,265,5z4
S2,5s2,5ss
s2s3,053
r00%
S2s3,063
Ss49,231
LOg%
5s49,231
5802,29s
11,935 SF
S3,s43,731
13,831 SF
S3,ss8,689
,r02,420
s29s,46t,4L5
5278,022,042
52,780,27O
s25s,233
too%
s26s,233
5s7s,644
100%
5s7s,644
DRAFT
11,935 SF
53,614,60s
13,831 SF
S3,629,883
57,244,468
s308,615,112
529r,!7s,739
$2,gLr,7s7
5277,782
LOl%
5277,782
S502,878
LOl%
s602,878
15L498
New Develooment
For Sale Residential
5500,000 per unit
Commercial / Retail
522s PSF
Commercial / Offi ce / Flex
S19s PsF
Hotel
5u5,ooo per room
Subtotal Value Add
Total Assessed Value
lncr€mental Av
Total tax increment @ 1%
City Share Available
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVLF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
9.54%
20.70%
ss08,268 5s77,801 5693,M2 51u,882
Ttru anafs:s, prnjcclixls. asslrmdions, n*ts of rrtum, and *rX aanrphr prestrtd hcrr*r rc fs *lucriliyf F('poges andre ffi( r gutrffitee of achlfl afiuor har*r+$ultf. Pffi*t pfo tofirH afi(' tar andys€s, {6 proF{tions on[. Acnd resulF ney dlfrr furnthose axpraesod h 6is *rallrsi:. 58/:0,877 s880,660
215 units
s120,053,691
358,094 SF
SLrr,13z,97r
414,930 SF
5!rr,602,079
135 rooms
527,441325
5370,240,067
52L,25r,843
s2L,26r,843
546,145,246
546,r4s,246
567,407,089
4h3/2022 1601 il. SdplrhrEda 6hd. fle8t. lbnhrthn BEa{h, cA 9{166 | (4e4} u9t-ro70 | w.r.is5|rFntrHn Page2 of7 94 APPENDIX G: sanger EIFD - Projected rax lncrement Revenue Analysis New Develooment
For Sale Residential
5500,000 per unit
11,936 SF
s3,685,897
13,831 SF
53,702,460
s7,389,3s8
5322,776,772
53U,737,399
53,o47,374
5290,719
700%
$290,7L9
S530,9s8
1000/.
S530,9s8
592r,677
11,936 SF
S3,760,63s
13,831 SF
s3,776,sLO
,145
s335,1s7,4s3
S318,718,080
S3,187,181
S304,057
LO0%
s304,0s7
S5s9,9os
LO0%
S5s9,9os
5963,962
18 11,936 SF
s3,835,848
13,831 SF
s3,8s2,040
S7,687,888
S3so,s68,49o
5333,L29,!r7
S3,331,291
s317,805
LOo%
S317,80s
S589,743
r00%
s689,743
19 11,936 SF
s3,912,s6s
13,831 SF
S3,929,081
57,84r,u6
536s,421,505
5347,982,!zz
$3,479,82r
s331,975
t00%
s331,97s
5720,496
100%
5720,496
5L,052,47r
20 11,936 SF
s3,990,816
13,831 SF
54,OO7,662
,998,479
5380,728,414
s353,289,041
S3,532,8e0
s346,578
too%
S346,s78
57s2,r89
too%
57s2,L89
S1,098,760
2r
11,935 SF
54,070,633
13,831 SF
54,087,81s
S8,158,448
s396,s01,430
5379,062,os7
53,i90,62L
S361,625
roo%
S361,62s
5784,847
roo%
578/.,847
5r,146,412
11,935 SF
54,1sz,04s
13,831 SF
54,169,572
58,321,6!7
s412,753,076
$39s,313,703
S3,9s3,137
5377,r29
too%
5377,rz9
S818,49s
roo%
s818,49s
DRAFT
11,936 SF
s4,23s,086
13,831 SF
54,2s2,963
5429,496,L86
s412,056,813
54,1zo,sE8
s393,102
LOO%
s393,102
S8s3,162
tol%
s8s3,162
23221716
Commercial/ Retail
s22s PSF
Commercial / Offi ce / Flex
s19s PSF
Hotel
$175,000 per room
Subtotal Value Add
Total Assessed Value
lncrementalAV
Total tax increment @ 1%
City Share AYailable
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVLF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
9.54%
20.70%
S1,007,s48
Tha ardyres, proirtknE. asslmflhns,naisof rctum, ard rrj wmrplcsprastr*cd hrrcir.m ior flu$rrlis F{rro$c$ tlldte nia a gura{rtce df tfifud {ndrhr h.kferesJlt$. Fbjcd prs lorirla ald la,( anabses rE prDFdfuns snly. A{hJ* r€sufts rmy dlfiar frornthdsc express€d it tris analysis- S1,19s,62s 5r,24G,2G4
215 units
S12o,oG3,G91
3s8,094 SF
iLlr,r32,97r
414,930 SF
SILL,602,O79
135 rooms
s27,441326
5370,240,067
52r,26r,843
52!,26r,843
546,r4s,246
546,L4s,24G
567,407,089
4/73/2022 ko x6ol H. $"pcrryEda elTd. raBz, ltanhdran 8€aEh. cA 90!66 | ({r4} zgf-rs?n I rwr.*Fmnt{orn Page 3 of 7 95 APPENDIX G: sanger EIFD - Projected rax lncrement Revenue Analysis New Develooment
For Sale Residential
5500,000 per unit
11,935 SF
$4,319,788
13,831 SF
54,338,022
58,557,810
5446,743,92r
s429,304,s48
54,293,o45
S409,ss7
LOO%
5409,ss7
s888,873
100%
s888,873
11,935 SF
54,406,L84
13,831 SF
54,424,7aj
5464,sO9,766
5447,070,393
54,470,704
5426,sos
700%
5426,sos
s92s,6s8
too%
s92s,558
S1,3s2,163
26 11,935 SF
54,494,307
13,831 SF
54,5r3,279
S9,007,s86
s482,8O7,s47
5465,368,174
54,6s3,682
5443,96r
r00%
Y43,9Gt
s963,s43
LOO%
s953,s43
27 11,935 SF
s4,58/,794
13,831 SF
s4,503,s44
59,187,738
s501,651,435
5484,ztz,o6z
54,847,r2r
5461,938
LO0%
5461,938
S1,oo2,sse
LOl%
S1,002,s59
5L,464,498
za
11,935 SF
54,675,877
13,831 SF
54,o9s,E1s
ss21,0ss,9s6
ss03,615,s83
Ss,036,155
548o,4so
\ooo/"
548o,4so
5r,o42,736
roo%
5r,o42,736
29 11,935 SF
54,759,39s
13,831 SF
54,789,s27
ss41,03s,998
ss23,s96,52s
Ss,23s,966
s499,s11
LOo%
S499,s11
S1,084,105
r00%
s1,084,10s
S1,s83,615
11,936 SF
s4,864,783
13,831 SF
s4,88s,318
S9,7s0,101
ss61,606,818
5544,167,445
5s,44r,674
S519,135
rooo/"
Ss19,135
51,176,697
roo%
51,]-26,697
S1,64s,832
DRAFT
So
ss72,838,9ss
ssss,399,s82
Ss,ss3,996
31302524
Commercial/ Retail
Sz25 PsF
Commercial / Offi ce / Flex
S19s PsF
Hotel
S175,ooo per room
Subtotal Value Add
Total Assessed Value
lncremental AV
Total tax increment @ 1%
City Shar€ Available
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVLF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
954%
20.70%
ss29,8s1
1000/"
ss29,8s1
s1,149,953
700%
s1,149,9s3
s1,679,804S1,298,430 5L,407,so4 s1,523,186
Tm arCpcs, nro,ierlkrrs, asgmdions r*rs of n{um, erd f;1 Gfxrphs prasatrd hcrrir .r" f6 tluslrdivr F(.md$es ilnd fre n0{ n uu#sntec d rrhd ondlor hfrFE rc*ulli. Ft0j6ct pro tofifi€ aid ldx antlys0s irr pro.ictirns onty. Achd rrsuftr may dffiar ho**those expressad ir Sis *ralyris" 215 units
S120,063,691
358,094 SF
'LLL,L32,97L
414,930 SF
iLrr,602,o79
135 rooms
527,44!,326
5370,240,067
52r,26r,843
52r,261,u3
s46,L45,746
546,L45,246
567,407,089
4/73/2022 1601 H. S€p{rlvEdB Btral. f96t. l*rnhiltdn 8Ba{h. CA 9lg66 | (4?4) SSI-'O?0 | rwr.}ffimntf iln Page 4 of 7 96 APPENDIX G: sanger EIFD - Projected rax lncrement Revenue Analysis New Develooment
For Sale Residential
5500,000 per unit
Commercial/ Retail
s22s PSF
Commercial / Office / Flex
S195 PsF
Hotel
St75,000 per room
So
5s84,29s,734
ss66,856,361
ss,558,s54
s540,781
\oo%
s540,781
5t,173,674
roo%
57,773,674
sr,7L4,4ss
ss9s,981,549
$s78,542,276
55,785,423
S551,929
too%
Sss1,929
5r,r97,870
too%
5r,197,87o
5r,749,799
34 So
5607,90r,282
5s90,461,909
55,904,6r9
Ss63,301
LOO%
Ss53,301
51,222,s49
tog%
5L,222,s49
s1,785,8s0
So
s620,059,307
s602,619,934
S6,026,199
5574,899
7000/"
5574,899
5t,247,722
700%
5r,247,722
51.,822,622
36 So
5632,460,493
S51s,021,120
S5,1s0,211
Ss86,730
7000/"
Ss8E,73o
51,273,399
!oo%
51,773,399
37 s64s,109,703
$627,670,330
56,276,703
5s98,797
100%
5598,797
S1,299,s89
LOO%
S1,299,s89
5o
s6s8,011,897
5640,s7z,sz4
S5,40s,72s
5511,105
100%
5611,10G
S1,325,303
roo%
S1,325,303
5L,937,4o9
DRAFT
So
567r,r72,135
56s3,732,762
56,s37,?28
s623,561
to0%
s523,651
S1,3s3,551
100%
S1,3s3,ss1
5r,977,2r2
39383332
Subtotal Value Add
Total Assessed Value
lncr€m€ntalAV
Total tax increment @ 1%
City Share Available
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVIF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
9.54%
20.70%
s1,860,129 51,898,385
Thc atdpas, prujectims" Bs*rnptiDns, rdcs sf r€lum, ed rry cxrnphs prusenird hcrcit ,n* fs iluslrrlivt pr,so$+3 tndfr+ no( a gurt1lcf ortrhral addtor ftfraercs.tltt. Ftsjcct pfo rsrfi6 md ta* an$ees au prnjectbnE only. Actud rr€uhs n*ay dlfar hurnthose exprcssad ir F*s ilabrsas" 215 units
s120,053,591
358,094 SF
S111,132,971
414,9305F
il]":,60?.,079
135 rooms
527,44L,326
s370,240,067
$2r,26L,84J
52L,26L,u3
546,L4s,246
546,L4s,246
567,4o7,o89
4/73/2022 1601 H. S€f{FBdaehid. p€8!. ilanhsitan 8€arh, CAg|lef6 | {{t4}egr-ro?0 | ffi.tHmflLfdn Page 5 of 7 97 APPENDIX c: sanger EIFD - Projected rax lncrement Revenue Analysis New Develooment
For Sale Residential
$500,000 per unit
Commercial/ Retail
s2zs PSF
Commercial / Offi ce / Flex
s195 PSF
Hotel
S175,000 per room
$584,s9s,s78
5667,156,205
56,67L,562
56t6,467
LOo%
s636,467
S1,381,344
loOo/o
51,381,344
52,0L7,8rL
so
5698,287,489
s680,848,115
55,808,481
5649,s29
too%
5549,s29
S1,409,693
t00%
S1,40e,693
52,0s9,222
42 5o
5712,253,239
5594,813,856
S6,948,13s
s562,8s2
700%
s662,8s2
S1,438,609
rao%
S1,438,G09
43 5o
s726,498,304
s709,058,931
S7,090,s89
5676,442
too%
5576,442
S1,458,104
LOO%
S1,468,104
52,r44,s46
44 574r,O28,270
s723,588,897
S7,23s,889
S690,304
100%
5590,304
51,498,188
100%
S1,498,188
52,r88,492
45 So
S7ss,848,83s
5738,409,462
S7,384,09s
5704,443
700%
57c/,443
S1,s28,874
tog%
5r,s28,874
52,233,317
So
5770,965,812
S753,52G,439
$7,53s,264
5718,8u
r00%
5718,8U
s1,550,174
700%
S1,s50,174
52,279,038
DRAFT
5785,38s,728
s768,94s,7ss
S7,689,4s8
5733,s74
t00%
s733,s74
S1,592,099
ro0%
51,s92,09s
52,325,G73
47464t40
Subtotal Value Add
Total Assessed Value
lncremental AV
Total tax increment @ 1%
City Share Available
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVLF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
9.54%
20.70%
52,Llr,462
Ttn rdyaw, proicrtirrq assamiliorls, rittg d rdum, ild ilf sanrglcE prcscntcd hcrdr 'G
for
lil anirysssIt Ffi)irrtioas onty.
gutrffitcc of a6Md s.rdjcf hfrilcrrsrn$. Ftoixt Ffo lofind md I.tu* resullr rmy d$er fwnltnsa expressod h Sfs ilalyris. 215 units
S12o,oF3,G91
358,094 SF
5rrr,]32,97r
414930 SF
S111,602,079
135 rooms
527,44r,326
5370,24o,067
52L,26r,843
s21,26L,843
546,745,246
546,L4s,246
567,407,089
4h3/2022 ko
t6o1 fi. s€?rilv€da ePd. #s82. itanhitian 6€arh, eA 9{t366 | (494} 2gt-1$70 | *1tr_}€tEflLcfln Page 6 of 7 98 APPENDIX c: sanger EIFD - Projected rax lncrement Revenue Analysis New Develooment
For Sale Residential
5500,000 per unit
Commercial/ Retail
522s PSF
Commercial / Office / Flex
s195 PSF
Hotel
S175,000 per room
s802,112,831
578/,673,4s8
57,846,73s
5748,s78
7000/"
5748,578
5L,624,663
T000/6
5L,624,663
52,373,242
So
S818,1ss,088
5800,7Ls,7rs
58,007,157
S7G3,883
to0%
s753,883
5r,6s7,879
ro0%
5r,6s7,879
50 So
s834,s18,189
5817,078,815
58,r70,788
5779,493
100%
s779,493
S1,591,759
too%
S1,691,7s9
4948
DRAFT
Subtotal valu€ Add
Total Assessed value
lncrcmentalAV
Total tax increment @ 1%
City Share Available
Percent Allocated to EIFD
Amount Allocated to EIFD
City MVIF Equivalent Available
Percent Allocated to EIFD
Amount Allocated to EIFD
Total Revenues Allocated to EIFD
9.54%
20.70%
52,42L,762 52,47r,252
Tht ardpcs, noicctixrs, rssrndions, rdcs sf rrtum, 6rid r-lX *anplcs prcscntrd hcrcir at fs tlusf divf pt${srs and r+ trot r Uuarilntfc of achrd rndJor h.*!c rcg,[r. FrBicct pft tornra fird lil( Bndyssrs pnftctions only. Athdr€sun6 nlaydliEr foorntiose axpr*ssedir 6is *raln*s- 215 units
S120,063,G91
358,094 SF
$Lrr,13z,97L
414,930 SF
5rrr,602,o79
135 rooms
527,447,326
5370,24o,067
52r,26L,84t
$2r,26L,u3
546,r4s,246
546,L4s,246
567,407,089
4/L312022
,HKOSmOnt.#F4h 1601il-S€!{lluEdaetl|ct.fl842,tlanhatEnE€a€h,CJl9Of66I{rz4}rut-t$?oIr*r.td6ilEflrsBn PageT of7 99 Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Overview of Fiscal lmpacb
Notes:
Assumes installation of necessary public infrastructure Values in 2022 dollars
Ttr ar*1scs, prujcclirrs" assmfliors,rtc'sof rrtum. trd ,nry crrnplcspcs*ed hr';ilrt for lluslrrtivc F{r}oscs afilfre nol agurfntnr ot#hral rndJor frdr'cft3uns. Ptsirct Fro f$ffi€ rfi(t lilr anatyses. *e Frcfct-ns only. Astud lt'sults rnay dlfier frun thcsc exprrssad ir S*a ualysis_ DRAFT
Key Land Use Assumptions (Stabilized Year 25)
Year 0-50
PrcsentValue
@3.Oo/o
$42,343,900
$27,3't4,500
$15,029,400
Annual
(Stablized
Year
Year
of Sanger
Estimated Fiscal Revenues (Net of EIFD Allocation)
res
$2,748,900 $113,886,200
Estimated Fiscal 500
lmpact to 700
Project Gomponent
For-Sale Residential
Hotel
Commercial / Retail
Commercial / Office / Flex
215 DU
',l35 rooms
298,412sF
345,775 SF
4t13t2022 koHsmont.I@F!g 16{11 il. S€f.rlr€di6lsd.
'.3El,
llaflherian 6€ach, CASO266 | {{t4}29?-t$t0 | .rff.}Hlmtr0rn Page 1 of 15 100
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Summary of Estimated Fiscal lmpacts to City
DRAFT
Notesl
Assumes installation of neessary public infrasiruc{ure
Values in 2022 dollaE
Seleci yeaF shom for illustration
Sbbtized
The ardfs€s, proj$li:rE, rssjmilioE, rd{}s of rrlum. md rry mnpiles prcsc**td herctr anr fur o{ a$hlol andJsr ftt{re (es.r[3. Proiett F16
tis
todrns ild
trlahsie.lil analyses ra prqFctiJns onty rgsull: maf dflcr frffiflos€ ej{pressdn Yqr 0€0
PEent Value @
$8,602,000
(98,602,000)
$17,660,200
($17,660,200)
$435,900
$18,922,000
9334,700
$2,802,300
$75,200
$7,899,500
$3,395,800
$936,900
$853,100
$4,842,600
$1,201,500
$3,300
$58,700
$364,000
$0
$1,892,000
$10,1 1 1,400
$31E,900
$10,943,300
Yqr 0-50
Nominal
$21,888,700
($21,888,700)
$44,835,300
($44,835,300)
s't,077,500
$52,741,400
$400,200
$7,465,100
$90,200
$20,349,400
s9, t 19,300
$2,515,800
$2,368,400
$13,005,600
$3,023,000
$8,700
$157,700
sl s3 mo
$977,400
$0
s5,081,200
$27,155,400
$856,400
$29,369,000
sq as 100
a{n 6to 7m
155
Stabilized
Escalation
kh
2.Ooh
2.Oo
2.Ova
2.ova
2.olo
3.0%
3.Oo/o
3.Oo/a
3.Oo/a
3.Oo/o
3.Oo/o
3.Ook
3.0o/o
3.0%
3.Oo/o
3.Oo/o
3.OVo
3 00a
3.Oo/o
3.Oo/a
3.Oo/o
3.Oo/o
3.00/o
3.Ook
3 00/"
$251,400
$66,900
$18,500
$11,900
$95,400
936,600
$100
$1,200
97,200
$o
s37,300
$199,300
$6,300
9215,700
Year 15
$10,000
$0
$52,000
$278,000
98,800
9300,900
Year20
$337,800
$126,600
$34,900
$30,100
$'180,s00
$49,100
$100
$2,2@
$13,600
$0
$70,500
9376,900
$1 1,900
$407,900
Year25
939'1,600
9168,000
$46,300
$43,200
$239,s00
$57,000
$200
$2,900
$18,000
$0
$93,600
$500,100
$'15,800
9541,300
veaie@
zozs
PrcpertvTd $10'l,5oo $224,1oo $285,400 $3s7,ioo 9440,600 $537,600 $655,331 $79E,645PropertyTaxAlloctiontoElFD ($101,500) ($224,100) ($28s,400) ($357,i00) ($440,600) ($537,600) ($655,331) ($798,845)PrcpertvTilln-LieuofMvlF $211,400 $466,800 $590,400 $734,600 $902,500 $1,097,400 $i,237,724 $1,630,679Propertv Tax inlieu of MVLF Allocation to EIFD ($21 1,400) ($466,E00) ($590,400) ($734,600) ($902,500) ($1,097,400) (gl,337,724) ($i,630,679)PropertyTransferTa $6,100 $13,400 $is,Boo $18,500 921,700 $25,300 $30,84i $37,594Bradley-BumsSalesandUseTd-Direct/On-Site 9106,100 $245,900 $427,700 $661,000 $957,900 $1,332,600 $1,790,903 $2,406,A24Measure S Public Safety Sales Til - Direcl / On-Site $Zl,4O0 Bradley-BumssalesanduseTa-lndir@t/Of-Site $26,100 $60,500 $81,OOO $106,600 $138,300 $177,300 $23A276 $320224Measure S Public Safety Sales Tax - tndirect / Ofr-Sjte 517,600 $108,400
$2E,900
$8,000
$5,100
$4'1,200
$15,800
$500
$291,400
$93,400
$2s,800
$19,900
$133,200
$42,400
s100
$1,600
$454,000
$219,300
$50,500
$59,500
$312,800
$66,000
$200
$3,800
923,500
$0
$12.,200
$653,100
$20,600
$706,800
$510,1 38
$294,721
9E1,307
979,963
8420,377
988,698
$269
$s,107
$31,582
$0
$1&,227
$877,712
$27,685
$949,E80
$819,97s
$396,080
$109,270
9107,464
$s64,952
91 19,203
s361
$6,863
Transient O@upancy Ta
l,.Jtility Users Ta (incl. Eter)
Franchis Td
Business Li@nse Ta
lntergovemmental
Seryie & Fees
Li@nses, Pemits & F@s
Use of [roney & Property
City of Sanger ExpendituEs
City Council
City Manager
Community Development
Fire & EMS
Non-Departmental
Polie
$s,100
$0
916,100
$85,900
$2,700
$93,000
$42,444
$0
s220,707
$ r,179,57'r
$37,206
$1,276,5s9
4t13t2022 koHsmont
160l n. S€Flh€daatud. ni8!, t#nh.tian E€ash, c.{9oe66 | ic?4}19?-ro|0 | .rffi.hssllffrlf,ffn Page2of15 101
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Project Description
Notes:
Adjusted for value appreciation assuming 2o/o dnnual escalation rate (statuatory maximum).
Conservatively assuming no mark-to-market valuations above 2o/o growth to account for property transfers Select years shown for illustration
Values in 2022 dollarc
DRAFT
Tln ardpcs, Fsjmlkrs, rsslrniliffi.rdrsof rrtum, *rd rry errnptcsprcx*trd hcrcir.rt for tlus{riliw pupo$*s rndff+ rfi fr guafsntc* olachrd ad(uor ha.r*ftsu[4r. Prsj*fl Fro lsfin€ a.dlil( anahsas at projettilns onty- Artu€J r€lsultE rna:f dlfer hom those axpressed ir $*s anafysir"
1.811.641.491.351.221.10
21 760
5DU
Year 25Year 1 5Year 5
Total Residential
95 PSF
215 DU
5DU108 DU
108 DU
/ Office / FlexEstimated AA/ -
Year 30
2053
135 rooms
358,094 SF
414,930 SF
$194,721,370
$42,793,417
$145,943,486
$176,365,144
$38,759,317
$1 1 0,1 54,s93
Year 20
2043
135 rooms
238,729 SF
276,620 SF
$144,680,846
$31 ,796,1 39
$54,219,080
Year 10
2033
135 rooms
1 19,365 SF
138,310 SF
$131 ,041 ,900
$28,798,743
$32,738,594
135 rooms
298,412 SF
345,775 SF
135 rooms
179,047 SF
207,465 SF
68 rooms
59,682 SF
69,1 55 SF
Hotel
Commercial / Retail
Commercial / Office / Flex
$159,739,345
$35,1 05,507
$79,816,327
$59,344,343
$13,041 ,954
$14,826,'t77
2.0o/o
$500K Per Unit
$175K Per Room
$225 PSF
An n ual Escalation F actor
Estimated A / - SF Residential
Estimated AA,/ - Hotel
Estimated AA/ - Commercial / Retail
4t13t2022 ko
16,0l il. S€Fllrede6tsd. f381. tEnhrttsn F€ach, cA9oe56 | (/t24)zsr-16t0 | ,**r.tcffiflnflt{m Page 3 of 15 102
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Project Employment and Occupants
Notes:
Average household size reflects City average household size and product mix of multifamily units Select years shown for illustration
Values in 2Q22 dollars
DRAFT
Ttn andyrcs, projaclirrrs" assrmdhns,rdGsof rclum. and rry t*trqilcsprestr*cd hcrdr.rtr for iluglrt{ivi prf}{*cs nnd tc ml n guil.afrte* of ehd silclrsr hrhrf ltfirtu. Ftsj+ct Fro rffifia ffdlil(andysFn€ proiectirns only. Actudr€sultsrnEydlier borntlnse erFress6dir *!s ilatl4ds. / Retail
Commercial/ Office / Flex
Hotel
For-sale Residential
Estimated # Emolovees (FTE)
Commercial/ Retail
Commercial/ Office / Flex
Hotel
For-sale Residential
400 SF / emp
350 SF / emp
1.5 room / emp
Year 5
2028
69,155 SF
68 Rooms
108 DU
Year 10
2033
119,365 SF
138,310 SF
135 Rooms
215DU
Year 1 5
2038
7 207,465 SF
135 Rooms
215 DU
Year 20
2043
238,729 SF
276,620 SF
135 Rooms
215DU
Year 25
2048
345,775 SF
135 Rooms
215DU
746
988
90 0
Year 30
2053
358,094 SF
414,930 SF
135 Rooms
215 DU
149
198
45 0
895
1,186
90 0
597
790
90 0
448
593
90 0
298
395
90 0
Estimated # Em
Occupied Dwelling Units
Residents
ODU/
95o/o
2.25 per DU
102 DU
230
204 DU
460
111
2O4DU
460
2O4DU
460
1,824
2O4DU
460
2O4DU
460
784
Em at 50% 50% 196 392 565 739 912
Total
HotelGuests
Hotel Rooms 75o/o
1.5 per room
51 rooms 101 rooms 101 rooms
76 152
101 rooms 101 rooms 101 rooms
152 152
4t13t2022 ko
16.0111. Seplrlv€dnFl|{t. t€6P, l€nhaltan 6€*h, CA9O!€6 | (cE4}Zgl-rS?0 | .M.}ffirEnt(nrn Page4of15 103
Appendix D: Sanger EIFD - Fiscal lmpact Anatysis
Property Tax
Notes:
Assumed general levy distributions post-annexation
Does not include property tax ovenides above 1 % general levy Select years shown for illustration
Values in 2022 dolla's
Source: Fresno County Auditor-Controller (2022)
.HK0smont.wF4S
Thc adyscs, projo€lilrs, rsermilionqntcssf r.tum, and rry c*rrpk*prEs*''* hcrcitaG fol*lusrdiv* ptrDascs nrl sa* nol a lutra{tte* ol achril 8ndJ6t hfrre resrlt$. frEictt Fro tdffirg rnd lalr anal18€5rf, Fn$ectfuna orty. Achrd rssultE illEf dliar fromthos€ eryrrssedir fis.*rafysis_ DRAFT
$537,600$3s7,1 00
$3,s48,144
$224,1009.540
Tax as % of
Total Secured Property Tax General Levy
Value
Total Estimated
$440,600
075
$285,400
Tax+
to
Assessed
Allocation
Estimated 126 078
14 01
757Value 10.
721,370
$5,300,1 78
7,808
$4,358,986
61 8,520
$2,851,440
$2,991,903974
$1 01 ,500
$1,063,
$2,254,560
Year 5
2028
Distributions to Taxing Entities
Cig of Sanger
Year 25
204A
739,345 $176,365,1
Year 15
2038
131,041,900 $144,580,
1.OOo/o $1,021,012
4t13t2022 ?601 n. S€FrlvHteAh,S. r'€6f, naflh#n 6€arh, CA9OAES | (414)?9?-i0?0 | r*r,lwrFfltff.n Page 5 of 15 104
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Property Tax ln-Lieu of Motor Vehicle License Fees (MVLF) Notes:
Select years sho\,rrn for illustratlon
Values in 2g22dolla5
Source: Fresno County Auditor-Controller (2022)
$354.814.423 $435.898.62616,455,402 $102,',t01,234 5225,4F6,026 $285,144,012 $21 1.400 $902,500 $1.097.40($734,600$590,400s466.80000Tax Year 15Year 5
$562,392,747Total AV within CITY (FY 2004'-2005)
MVLF
per $1M of
Year 30
2053
Year 25
2048
Year 20
2043
Year 10
2033
Year 1
2024
Ttr andyeas, projcctirr, dssmilions,ri6d rdum. dd my a*rrplrisprcwttcd hcrairar for lluslrrdve pl 0sscs afid ffe rrot a gutr€nt€e ot achrat and/sf ft'*te fe+utt6. ftoicd pro f$(!h€ rnd lil( analyss6
'.G
prEiecliinF only. Actud resullE rnay dller fro*n lhose expresred ir H*s a,latysb, DRAFT
4t13t2022 koHsmont.ffilnaF 1601 n. s€f.tlv€daHhd.*9El,t&nh3ttanB€arh,cA.goa€6 | {424)2s?-to?B | ,rxr.hffirFflt.(sn Page 6 of 15 105
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Property Transfer Tax
Notes:
Select years shown for illustration
Values in 2022dollarc
Source: Fresno County Auditor-Controller (2022)
Ttu rrJysas, projxtirl8, assrnFiffi,r*csof r€lum, urd rry earplcsFr6s[r*rd hcrcirrG fot llusltilivc p(lp{$+s and r+ no{ s gurdrtet ol etud ffidror ftArlc rE3{,trb. FrroiBct Fro t0arlxr tfidlat anilyFca {? pmicti:ns onty. Actud r€sukE n}aydltrar fuornllnae aqreesod ir Ei+ a-ralfds, DRAFT
Tax to
$t
Year 10 Year2515
$$59
772ue
$39,431,446
$4,337,500
$28,725,285
$3,159,800
$11,039,496
$1,214,300
204820382028
Turnover Rate
-SF
Turnover Rate
Estimated - Other ,023,158137,845
15.Oo/o
2,976,674
15.0o/"
1,702,127
15.Oo/o
901,651
Estimated Assessed Value - Other
Estimated
94,721 ,370
15.0o/o
$335,296,438
5.Oo/o
$45,973,027
$5,057,000
$195,075,078
5.0%
$33,714,656
$3,708,600
$94,414,',t26
5.0%
31 ,04 t ,900
15.0%
$24,376,991
$2,681,500
Year 20
2043
59,739,345
15.0%
Estimated Value of Property Transferred - Total
Total Transfer Tax $1 .10 per $1 ,000
$140,463,166
5.Oo/o
$42,756,891
5.Oo/o
$259,533,481
5.Oo/"
-SF
4t13t2022 ko
160't il. s€flrtyErta th,{t. fl661, itanhdtan Esach, CA 902€6 | {4!4} lgf-io?0 | r!*r_}6rEfltxtrn Page 7 of 15 106
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Sales Tax - Direct / On€ite
Notes:
Measure S Public Safety Sales Tax approved through 2028 Taxable sales PSF factor escalated 3olo annually
Select years shown for illustration.
Values in 2022 dollars.
DRAFT
Ttr alr*pcs, projcclins. ass*rmsionsi, rdcs of rrium. urd rry l**npks prascr*Gd hrrcit nr fut illusralil|t ffrp6$e$ afxt #c fidl s gursfite* 01'#hrrl ffdrsf harle f€*lrlt*. Ptqiict Fro fo.fr€ trrd lil andysE5 rF pr{ecti:ns orf . A{tud rs€ults miry dliar frxnllnso ExprEsF€d ir S*s atdhlEis- and Usems
O.75o/oS Public
SF
15 50o/o
2038
94010
F7
37179366
$119,513,368Estimated Taxable Sales
5Oo/o
79,047 SF
$1 ,1 95,1 34$592,861$383,555
109
$220,572$95,1 34
Total
50%
298,4
798
2048
Year Year 30
2053
$275 PSF $9,51 3,375 $22,057 ,218 $38,355,541 $59,286,1 1 3
1.00o/o
11 .5oo/o
Bradley-Burns Sales Tax to City
Use Tax as % of Sales Tax
Year 20
2043
Year 10
2033
Year 5
2028
RetailSF
Percent assumed to be taxable sa
$85,911,067
$859,1 1 1
238,729 SF
5Oo/o
F 119,365 SF I
1 19,365 SF
5Oo/o
29,841 SF 59,682 SF
59,682 SF
50o/o
4113t2022 koHsm0nt.F6TFffi 1€O1 tl. S€?lrh€datsh'{. fgE!. l/Enhaftan 6€rn, f,Jl.9o866 | {C?4)ml-t0?0 | ffi.}KTffilrom Page 8 of 15 107
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Sales Tax - lndirect / Off-Site
Notes:
Measure S Public Safety Sales Tax approved through 2028 Employee spending estimates based on "Office Worker Retail Spending Patterns: A Downtown and Suburban Area Study," ICSC (2004).
Household spending based on average houshold income within Cig.
Hotel guest spending estimated based on American Hotel and Lodging Association (AHLA) data.
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2022dollarc.
DRAFT
Ttrc ardFcs, prs.ifiikns- rssjmFioE, f,de"s sf rclum, and rry trrnples prEstf*cd heru*r ff for lluslrfltiw pr,'p{ses find Fe no{ t fuffntff of act$al sndrsr hrhtf r€$urs. Frsitfr Fro lt fir€ mrid la( anah'se€ ra projectirns only,. I6tud reEUltE rnay diliar from trose expressed I'r tiirs aalysis- Estimated #
Estimated Annual Taxable Retail Spending / Empl
392
$6,701
2033
$7,768
1,130
$9,005
1,477
$10,439
2048
$12,102
2,171
$14,030
Year 5
2028
Year Year 15
2038
Year 20
2043
25 Year 30
Estimated Taxable Retail
re within City
Estimated # Occupied Dwelling Units
Estimated Annual Taxable Retail Spending / HH
742
204 DV
$28,229
1 1 $1 605 589
,284,284 $10,050,
204 DU
$43,980
674
2O4DU
$50,985
33.0%
102 DU
$24,351
204 DU
$32,725
2O4DU
$37,938
Estimated Resident Taxable Retail
re within City
Estimated # Occupied Hotel Rooms
Estimated Annual Taxable Retail Spending / Room
4 $1,243,407
51 rooms
$21,157
799
'101 rooms
$24,526
141
101 rooms
$28,433
751
$3,874,376
'101 rooms
$32,962
982 927
101 rooms
$38,211
101 rooms
$44,298
1 I
Estimated Resident Retail
Capture within City
Total Estimated lndirect Taxable Sales
$1 071 061
33.0% $353
126
9,491 014 $1,101 740 ,480,092
$2,463,186 $5,711,0{5 $7,65,t,190 910,064,502 $13,052,4gg $16,736,971 Less Estimated
Net lndirect Taxable Sales
Within District Retail o% 23 159
$2,
85 551
,425,464 $7,268,621
$54,255 $72,686Bradley-Burns Sales Tax to City 1.OO%
11.50o/o
$23,400
2,399,863 5,900,122
$95,613 $123,999 $159,001
Use Tax as % of Tax 1
les and Use
359 $1
77 Measure S
4t13t2022 koHsmont t601ll. S€t!{rt"EdrBrvd t}38?, t annilEn 6€rh, CAg|le€d | ({?4}Zgf-rO7O I rH.&ffit(m Page 9 of 15 108
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Transient Occupancy Tax ("TOT") to City
Notes:
Adjusted for inflation assuming 3olo annu6l inflation rate.
Select years shown for illustration.
Values in 2022 dollars.
DRAFT
TtlG ilrdyEis, pfirixliffi, assqJrnFions,rdEof rctum, and rry trrrlFlcsprascrtld hcrcirrE fur illuglrrltvr nrpqs€s rfxl frc not € 0utrfftsf ol a6tud afttfot frrhrg r€*{Jns. Proicct prb lafi}6 frfrd lil( an*yEas rE Frcjactfunr or$. A{tud rr.sult5 rnay dlfiar kornltnse axFrcsE€d h S*s a.ralysir.
Year 25Year 1 5
20482038
$2,
to
359$9,790,919733
Occu Rate
Annual Hotel Room ,284,418
Year 30
20s3
Year 20
2043
135 rooms
$203
73o/o
Year 1 0
2033
Year 5
2028
68 rooms
$1 51
73o/o
135 rooms
$31 6
73o/o
135 rooms
$272
73o/o
135 rooms
$235
73Yo
135 rooms
$175
73o/o
Estimated # Hotel Rooms
Average Daily Room Rate (ADR)
$2,
4113t2022 k Hosmont.w 1601 H. seFUt'rEdiEh,{. fttBl. t€nhsttan B8arh, clso?s | {4141?E?-roln | f,ffi.}Esmfltf,uTt Page 10 of 15 109
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
City Service Population
City Population 27,353
City Employee Population
Employee Weighting for Service Population
8,566
0.5 Weighted # Employees 4,283
Total Citv Service Pooulation 31.636
source: cA Department of Finance, cA Employment Development Department (2021) TtlG xdysas, prsjaclirE, assumilions, rt€s of rrtm. ad rr1 rr*nplcs prnsa**rd hsr"ir {rG fw llustriliw prrDose$ and.ffe fio{ d gutf,antet o{trhd ondJsr ftfi.|i+.cerlls. Frsiect Frs lorfrld md la}i andysos rt proirt*rns onty. Actud r{<ult5 nraydlf€r frtrnltrose expresE€d ii Sfs.ilalf6is, DRAFT
4t13t2022 ko r601fi. scfqllEdaBhid. r€6?. iraflhalDafl 6€eh, CAg02€6 | {{94}2gf-r0t0 | rrrr.}ffiml(m Page 11 of 15 110
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
City Muliipler Revenue and Expenditure Factors
Notes:
Major case study revenues not shown include property ta, sales tax, t€nsjent occupancy ta Franchise tax includes natu€l gas, electricity, cble TV, disposal) Non-redning revenues exduded (e.9. FEMA gEnt, indirect cost plan re@very, building / planning fees, bond prceeds, COVID relieD Adjusted for inflation assuming 3016 annual inflation Ete.
Select years shown for illustration.
Values in 2022 dollarc.
Sour@: City of Sanger 2021-2022 Adopted Budget
DRAFT
Ttn adycrcs, prolaclirnE" assrmFiors,rtrssf rulum, ard rry:**rplesprus6trd hcrahrc ftr Jlu#lrtliw prrpd$cs md fre nol r !u#int*e d trtual andrsr frfire ,*3{rlts. Ftojcct Fto fo.trx6 i"ttlil( and|,s€E Ja Frcicctims or*y. Actud rE€ults nlaf dltar fromtlnse axpressed ir Sis rra[€s" Adopted Clty
$1,850,500
$510,500
$96,800
$2,638,s00
$1 ,6 t9,200
$2,000
$31,800
$264,600
$o
$1,374,800
$5,509,400
$231,700
$5,963,000
Relevant City
Population /
Factor
31,636
31,636
8,566
31,636
27,353
31,636
31,636
31,636
31,636
31,636
31,636
31,636
3 t ,636
$58.49
$'16.14
$11.30
$83.40
$59.20
$0.06
$1.01
0.04 $6.27
$0.00
$32.s9
$174.15
$5.49
$188.49
$67.81
$18.71
$1 3.1 0
$96.69
$68.62
$0.07
$1.17
$7.27
$0.00
$37.78
$20't.89
$6.37
$218.51
$78.61
$21.69
$1 5.1 9
$1 12.09
$79.56
$0.08
$1.3s
$8.43
$0.00
$43.80
$234.04
$7.38
$253.31
2038
$91.13
$25.1 4
$17.61
$129.94
$92.23
$0.1 0
$1.s7
$9.77
$0.00
$s0.78
$271.32
$8.56
$293.66
$105.65
$29.14
$20.41
$150.63
$106.92
$0.11
$1.82
13 $11.33
$0.00
$58.87
$314.53
$9.92
$340.43
$122.47
$33.79
$23.66
$174.62
$123.94
$0.13
$2.10
1.O2
Year 30
2053
$141.98
$39.1 7
$27.43
$202.44
$143.69
$0.15
$2.44
$15.23
$0.00
$79.1 I
9422.71
sl 3.33
$457.51
il
Discount for
Operational Per Caplta Annual
Year 5 Year 1 0
2028 2033
15 Year 20 Yeat 25
Utility Users Tax (incl. waler)
Franchise Tax
Business License Tax
lnlergovemmental
Service & Fees
Licenses, Permits & Fees
Use of Money & Property
Olher Revenues
ToAl SelecH
Service Populalion
Service Populalion
Per Employee
Service Population
Per Residenl
Service Population
Service Population
Service
Service Population
Service Population
Service Population
Service Population
Service Population
Service Population
Seruie
Oo/o
Oo/o
Oo/o
Qo/o
Oo/o
ook
Oo/o
Oo/o
3. 3.
3. Expenditures
City Council
City Manager
Community Development
Fire & EMS
Non-Departmental
25%
25o/o
25o/o
o%
25o/o
Qo/o
0o/o
3.Ook
3.O%
3.O%
3.0o/o
3.Oo/o
3.0o/o
3.Oo/o
$1 3.1 3
$0.00
$68.24
$36,4.63
91 1.s0
$394.65Police
Public 14.63 132.89
4t13t2022 koHsmont.Iffi'E6 iffi1il. S€SltvEda6hd. tt38g.ltanhattan 6€a[n, CASO?66 | {!!4)29?-10?0 | lffi.}ffimflL(sn Page 12 of 15 111
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
City Multipler Revenues and Expenditures
Notes:
Major case study revenues not shown include property tax, sales tax, transient occupancy tax Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2022 dollars.
Source: City of Sanger 2021-2022 Adopted Budget
DRAFT
The anfyses, prujwlkxlE" asmpliorxs, r*Gs sl rdum, arid rry mrplcs prcs*:d hcrei* rrl fis( illu$rfrtivr FuTs$es and dre n0( a lrtrfrtt+* ol acklEl afttfsr hhre fescr[!"s. Frojccr pro torfig frfflaxan&secr* Frutirctitn$ onb. I6iudre€uttE nElldliar fuorntlrose sJ(s|resF€dh Sis atalfE4s" Estimated # Residents
Estimated # Employees
Total Project Service Population
Budget
Revenues
Utility Users Tax (incl. water)
Franchise Tax
Business License Tax
lntergovernmental
Service & Fees
Licenses, Permits & Fees
Use of Money & Property
Other Revenues
Year 5
2028
460
784
851
230
392
426
Year 10
2033
2033
$66,900
$18,500
$11,900
$95,400
$36,600
$1 00
$1,200
Year I 5
2038
Year 20
2043
Year 25
2048
460
1,824
1,372
2048
Year 30
2053
460
2,171
1,545
2053
$219,300
$60,500
$59,500
$312,800
$66,000
$200
$3,800
460
1,130
1,025
460
1,477
1,198
2028
$28,e00
$8,000
$5,1 00
$41,200
$15,800
$o
$500
$93,400
$25,800
$19,900
$133,200
$42,400
$100
$1,600
2043
$126,600
$34,900
$30,100
$180,500
$49,100
$1 00
$2,200
$168,000
$46,300
$43,200
$239,500
$57,000
$200
$2,900
2038
$3,1 00
$o
$16,100
$85,900
$2,700
$93,000
11 $7,200
$o
$37,300
$199,300
$6,300
$215,700
6 $10,000
$0
$52,000
$278,000
$8,800
$300,900
$13,600
$0
$70,500
$376,900
$11,900
$407,900
$18,000
$o
$93,600
$500,100
$15,800
$541,300
600
$23,500
$o
$122,200
$653,1 00
$20,600
$706,800
700
Total Multi
Expenditures
City Council
City Manager
Community Development
Fire & EMS
Non-Departmental
Police
Public Works
,242,100 $585.900$/f45.200$332,400
't01 37
ter
4t13t2022 koHsmonts4gnE {6{11il. S€f(ttvEdaghKl. ltiB?. llanhdttan E€aGh, C.i.gOaS | {4f4}!S?-l0f0 | *r,er.}ffimt€m Page 13 of 15 112
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
IMPLAN lnputs
DRAFT
The st}Bbses, prcialions" gssrIfTbons, rFles of rehrn. ard any exaqples presenled herein are f€r ilhJstrattv8 purpos€s and ar€ not a g$arants€ 0a acffrel sndor njture res{ts- Froj€il pro bnla ard ter amlys€s are prqections only. Aillgl f€srts firry dilfer lrfrn ilFsa exprssssd ln this a$elr-ss.
Construction lnputs
lndustry NAICS Cates ory
Approximate lnputs
(lndustrv Spendinq)
57 - Construction of new single family residential structures $107,500,000 $185,107,40355 - Construction of new commercial structures, including farm structures Ongoing Operation lnputs
Industry NAICS Gateso ry
Approximate lnputs
(Employment Chanqe)
470 - Office administrative services
412 - Retail- Miscellaneous store retailers
507 - Hotels and motels, including casino hotels
1,186 Jobs
895 Jobs
90 Jobs
4t13t2022 koHsmont.M!5E 1E0l l,l. s€p{rlrreds Blv[. il38a, Menhsnsn 8eacfi. CAg0GBd I t4P4] 4$8-3ffi9 | ylr,rry*Nrsmco{n Page 14 of 15 113
Appendix D: Sanger EIFD - Fiscal lmpact Analysis
Summary of IMPLAN Economic Benefits
Notes
100% of direct benefits estimated to be captured on-site within the City. 5% of indirect and induced benefits estimated to be captured off-site within the City Estimated ongoing benefits upon build-out and stabilization.
DRAFT
The Ernlrseg, prriedists, assur?lisns, rBles sf rehrn" find iny exanples pdegerdEd herein irp tor ilhlstr8t \,s prrpos€s and ar€ not a gilarflnt€e of acHal andbr nJfi,re regss- F}oj€ct pro foarm and ta.x amtys€s er€ pff*)clions only. ftl$rl r€E1tE nuy differ trmn txEe €xp{psd in lnis enetss.
Economic Benefits from Construction (One-Time / Short-Term) Direct (On-Site)
lndirect
lnduced
Employment
2,348
357
756
Labor lncome
$160,759,595
$20,920,479
Economic Output
$292,607,403
$68,960,515
$37 521 22 802
T
Estimated Gity Capture 2,403 $163,682,245 $302,195,561
Economic Benefits from Ongoing Operation (Annual)
Direct (On-Site)
lndirect
lnduced
Employment
2,171
419
499
Labor lncome
$98,910,220
$20,619,994
Economic Output
$140,645,171
$60,607,830
763 75 $81 056
T
Estimated City Gapture 2,217 $101,179,393 $147,726,965
4t13t2022 k HosmontffiFE 16nr tl, sepuhreds Bhd. a382, Btilhailan Eeacrr, cAT@6s I {4a4} 4s&30sg | !,r!my[05rnontco.n Page 15 of 15 114
Fot the Meeting of: July 7,2022
AgendaItemNo.: l+. A
CrrY oF SINGER
Rtr,PORT TO THE, CIry COUNCIL
To: Mayor and City Council
From: Esperanza Rosales, Management Analyst
Subject: Adoption of Ordinance relating to Small Municipal Separate Storm Sewer System (MS4)
Attachments: Ordinance No.2e22_4 Repealing Article V of Chapter 82 of the City of Sanger Municipal Code and Adding New Article V to Chapter 82 of the Pertaining to Urban Stormwater Quality Management
CoNplrcr or lNrnRnsr
None known.
RncovrvrnNtarrox
Staff recommends that the City Council waive the full reading and introduce Ordinance No. _, Repealing Article V of Chapter 82 of the City of Sanger Municipal Code and Adopting New Article V to Chapter 82 relating to Urban Stormwater Quality Management.
Exncurrvn Suvrvrlny
Article V of Chapter 82 of the City of Sanger Municipal Code pertains to the City's Urban Stormwater Quality Management. The Proposed ordinance update provides the City of Sanger the legal authority to control pollutant discharges into the City's public stormwater system as required by the State of California Water Resources Control Board (SWRCB).
BlcxcRouNo
In2013, the State of California Water Resources Control Board (SWRCB) issued Water Quality Order No. 2013-0001-DWQ, which established Waste Discharge Requirements (WDR's) for stormwater Pteoaredbv: EsuennzaRosales Approved by:
REVIEW: City Finance: City Attomey: _
TYPE OF ITEM:
ACTTON
COUNCIL ACTION: APPROYED DENIED NO
-x-X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
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discharges from Small Municipal Separate Storm Sewer System's (MS4's). It required small MS4's to obtain MS4 permitting through the SWRCB. The intent of the order is to prevent contamination of California's water resources from the pollutants typically found in urban stormwater runoff, including sediments, non-sediment solids, nutrients, petroleum hydrocarbons, heavy metals, trash, pesticides, herbicides, etc.
In20l6, Staff initially introduced Ordinance No. 1166 as an addition to Chapter 82, "Utilities." Beyond the adoption of the initial Ordinance, staff was working on meeting other requirements of the permit which included:
1. Conducting public outreach to inform the public about the intended uses of the storm drain system and about what prohibited or "illicit" stormwater discharges include, how to avoid them, or how to report suspected violations;
2. Completing an inventory of all existing stormwater outfalls, documenting contributing land use information, potential sources of pollution and other information;
3. Training for City employees about "good housekeeping" methods and practices related to stormwater management;
4. Implementing procedures to assess and prioritize maintenance of storm drain infrastructure;
5. Developing and implementing new development standards to reduce construction stormwater runoff volumes, velocities and pollutants.
The proposed additions to the Ordinance allow for the City to enforce a program to prevent construction site discharges of pollutants and impacts on beneficial uses of receiving waters, and is necessary to meet the requirements of the permit. The additions to the ordinance include:
o Construction Site Inspection and Enforcement -o Add language to Section 82-208 (a) to have an enforceable construction site storm water runoff control ordinance that includes all projects that disturb less than one acre of soil. o Post-Construction Storm Water Management Program -o Insert new SectionS2-209 for Regulated projects. Identifies the regulated and non- regulated projects.
'-1}fififfiffirffi'Hffiuc'n
. Performance Requirement No. 5 - Special Circumstances o Alternative Compliance -o Insert new SectionS2-2tl for Alternative Compliance.
Staff will continue to work on maintaining these program requirements and report progress to the State, as indicated in the permit.
RnasoN ron RncoilrnnnNolrroN
The City is required by the State Water Resources Control Board to comply with the City's MS4 general permit. The order requires the City to obtain "adequate legal authority", which is accomplished through the attached ordinance.
Frsc.lr,Ivrpacr
116
There is no fiscal impact from adoption of the ordinance. The additional cost for staff time to implement the ordinance and comply with the requirements of the permit is unknown at this time.
Ar,rnnx,lrrvns
None.
Acrtons Fot l,ownc Aprnovar,
Following City Council adoption of the proposed ordinance, a Second reading will be scheduled for the July 21't City Council meeting.
117
ATTACHMENT 1
118
ORDINANCE NO. 2022- A1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANGER REPEALING CHAPTER 82 OF ARTICLE V AND ADDING
NEW CHAPTER 82 TO ARTICLE V OF THE SANGER CITY CODE
RELATING TO URBAN STORMWATER QUALITY MANAGEMENT
THE CITY COTINCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 82 of Article V of the Sanger City Code is repealed.
SECTION 2. New Chapter 82 is added to Article V of the Sanger City Code to read as follows:
CHAPTER 82
ARTICLE V. URBAN STORMWATER QUALITY MANAGMENT
82-201- Purpose.
82-202 - Definitions.
82-203 - Authority for administration and enforcement.
82-204 - Construction and application.
82-205 - Ultimate responsibilities of discharger.
82-206 - Prohibiting nonstormwater discharge to public storm drain system; exemptions.
82-207 - Requirements for operating facilities or activities. 82-208 - Requirements for constriction sites.
82-209 - Regulated projects.
82-210 - Minimum performance requirements.
82-2ll - Alternative compliance.
82-212 - Requirements for postconstruction.
82-213 - Cleanup and notification requirements.
82-214 - Inspections.
82-215 - Enforcement and penalties.
82-216 - Conflict with other laws.
82-217 - Severability.
Sec. 82-201. - Purpose.
The purpose of this article is to ensure the health, safety, and general welfare of citizens, and to protect and enhance the quality of the city's watercourses, water bodies, and wetlands pursuant to and consistent with all applicable state and federal laws related to stormwater management, including, but not limited to, the clean water act (33 USC 1251 et seq.), the national pollution discharge elimination system regulations (40 CFR 122 et seq.) and the city's stormwater discharge permit for small municipal storm sewer systems (MS4). This article shall be known as and may be referred to as the lCity of Sanger Urban Stormwater Quality Management referred to in this article as "ordinance."Ordinance t'and
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Sec. 82-202. - Definitions.
For the purposes of this article, unless otherwise apparent from the context, the following words and phrases as used herein shall be defined as follows.
Best management practices (BMPs); Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to stormwater. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, drainage from outdoor areas, and activities required to control the discharge from construction sites disturbing one acro of land or more (in one or more phases of construction).
California state water resources control board (SWRCB): The state agency charged with administration of the national pollution discharge elimination system (NPDES).
Clean Water Act: The federal water pollution control act, as amended, 33 USC 1251 et seq.
Director: The public works director or his/her designee.
Discharge: Any spilling, leaking, pumping, pouring, emitting, emptying, ejecting, placing, releasing, leaching, dumping or disposing into or on any land in a manner that may cause pollution.
Environmental protection agency (EPA): The federal agency charged with enforcement of environmental laws and regulations.
National pollution discharge elimination system Q,{PDES): Stormwater discharge permit for small municipal storm sewer systems (MS4) permit issued by the state water resources control board which authorizes the discharge of stormwater pursuant to the Clean Water Act (33 USC 1342).
Notice of intent Q,{OI): A form submitted to the regional water quality control board notifying the agency of a person's intent to be covered under a separate regional water quality control board construction permit for the control of construction site runoff on projects that disturb one acre of land or more, in one or more phases of construction.
Person: Any individual, partnership, co:partnership, firm, company, co{poration, limited liability company, association, joint stock company, trust, estate, government entity, or any other legal entity, or their legal representatives, agents or assigns.
Pollutant: Shall have the same meaning as defined in 40 CFR 122.2, and shall include, but not be limited to, any solid, liquid, gas, or other substance that can alter the physical or chemical properties of water including, but not limited to, fertilizers, solvents, sludge, petroleum or petroleum products, solid waste, garbage, biological materials, radioactive materials, sand, dirt, animal waste, acids, and bases.
Premises: Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
Public storm drain system: All or any part of the publicly owned and maintained roads, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains and dry wells located within public easements, rights of way, parks, common areas, retention areas, or other Page2 of 12
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publicly owned or maintained real property designed or used for collecting, holding, or conveying stormwater.
Regional water quality control board (RWQCB): The state division of the SWRCB charged with enforcement of the water quality laws and regulations in the state.
Stormwater: Stormwater runoff, surface runoff and drainage.
Sec. 82-203. - Authority for administration and enforcement.
The public works director or his designee shall have the authority to exercise the powers and perform the duties set forth in this article and to administer and enforce provisions of this article.
The public works director may designate other employees to exercise such powers and perform such duties, as he deems appropriate.
Sec.82-204. - Construction and application.
This article shall be construed to assure consistency with requirements of the federal Clean Water Act and its implemented regulations for stormwater management, and to comply with the state water resources control board's stormwater discharge permit for small MS4s, and shall be applicable to all stormwater generated on any developed or undeveloped urban lands lying within the city limits or conveyed by the public storm drain system.
Sec. 82-205. - Ultimate responsibility of discharger.
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the United States caused by said person. This article shall not create liability on the part of the city, or any agent or employee thereof, for any damages, claims, or liabilities that result from any dischargers, reliance on this article or any administrative decision lawfully made hereunder.
Sec. 82-206. - Prohibiting nonstormwater discharge to public storm drain system; exemptions. (a) Discharge of substances: Unless expressly authorized or exempted by this article, no person shall cause or allow the discharge to a public right of way or public storm drain system of any substance that is not composed entirely of stormwater. (b) Disposing of materials: Unless expressly authorized or exempted by this article, no person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to stormwater. (c) Exemptions: The following discharges are exempt from the prohibitions set forth in subsections (a) and (b) of this section:
(1) Discharges authorized by a separate NPDES or RWQCB permit. (2) The following categories of nonstormwater discharges are permissible unless otherwise prohibited under subsection (cX3), (c)(a), or (c)(5) of this section:
a. Water line flushing;
b. Landscapinginigation;
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c. Diverted stream flows;
d. Rising ground waters;
e. Uncontaminated ground water inhltration as defined in 40 CFR 35.2005(b)(20); f. Uncontaminated pumped ground water;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air conditioning condensation;
j. Inigation water;
k. Springs;
l. Water from crawl space pumps;
m. Footing drains;
n. Lawn watering;
o. Individual residential car washing;
p. Flows from riparian habitats and wetlands;
q. Dechlorinated swimming pool discharges;
r. Discharges from emergency firefighting activity; or
s. Any other activity that the public works director identifies is not a significant contributor of pollutants during the city's NPDES stormwater discharge permit for small MS4s' permit term.
(3) No person shall discharge to public storm drain system any exempted discharge under this subsection if the public works director assigned designee identifies and provides written notice to the person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or ground water. (a) No person shall discharge to the public storm drain system anything that would result in or contribute to a violation of the city's NPDES stormwater discharge permit for small MS4s. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge.
(5) No person shall establish, use, maintain, or continue any connection to the public storm drain system which has caused or is likely to cause a violation of this section. This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of the connection.
Sec. 82-207. - Requirements for operating facilities or activities. (a) All persons owning or operating premises or engaged in activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent CNOD to comply with an NPDES or RWQCB stormwater discharge permit shall provide a copy of such
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notice to the public works director upon request. Facilities required to apply for a stormwater discharge permit are identif,red in 40 CFF.I22.26(bX14). (b) A11 persons engaged in activities which will or may reasonably be expected to result in pollutants entering the public storm drain system shall undertake best management practices (BMPs) to minimize such pollutants, and shall provide protection from accidental discharge of pollutants to the public storm drain system and comply with cleanup and notification requirements of this article. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development And Redevelopment"; "Storm Water Best Management Practice Handbook: Industrial And Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB.
(c) If best management practice is required by the public works director or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the city council to reconsider the application of the BMPs to the premises or activity. The written petition must be received by the city clerk within ten working days of the notice issued by the public works director or city engineer.
The petition shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such requirement. The city council shall act on the petition within 30 calendar days of the filing of the petition.
Sec. 82-208. - Requirements for construction sites.
(a) All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent to comply with an NPDES stormwater permit, shall provide the city with copies of the NOI and the NPDES stormwater permit issued by the RWQCB. Construction activities that will disturb one acre or more of land area or smaller land areas, if they are part of a larger common plan of development or sale, are required to apply for a stormwater discharge permit (40 CFR 122.26(b)(15)).
Construction projects that disturb less than one acre of land are required to comply with Sections 82-209 and82-210 of this Ordinance.
(b) Any person performing construction shall not cause or contribute to a violation of the RWQCB stormwater discharge permit issued by the RWQCB to the city. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake best management practices to minimize pollutants (including sediments) from leaving the construction site, provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this article. Site operator shall ensure erosion and sediment control and control of waste and properly dispose of waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development and Redevelopment"; "Storm Water Best Management
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Practice Handbook: Industrial and Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB. (c) If best management practice is required by the public works director or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition thg city council to reconsider the application of the BMPs to the premises or activity. The written petition must be received by the city clerk within ten working days at the issuance of the notice by the public works director or city engineer and shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such a requirement. The city council shall act on the petition within 30 calendar days of the filing of the petition.
Sec. 82-209. - Regulated projects.
Regulated projects include all new development or redevelopment projects that create and/or replace two thousand five hundred (2,500) square feet or more of impervious surface (collectively over the entire project site) and lie within the stormwater service areathat enter the public storm drain system.
(a) Additional regulated projects include, but are not limited to, the following road projects/practices:
(1) Removing and replacing a paved surface resulting in alteration of the original line and grade, hydraulic capacity or overall footprint of the road. (2) Extending the pavement edge or paving graveled shoulders. (3) Resurfacing by upgrading from dirt to asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete.
(b) Regulated projects do not include:
(1) The following road and parking lot maintenance:
a. Road surface repair including slurry sealing, fog sealing, and pothole and square cut patching.
b. Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area ofcoverage.
c. Shoulder grading.
d. Cleaning, repairing, maintaining, reshaping, or regarding drainage systems. e. Crack sealing.
f. Resurfacing with in-kind material without expanding the road or parking lot. g. Practices to maintain original line and grade, hydraulic capacity, and overall footprint
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of the road or parking lot.
h. Repair or reconstruction of the road because of slope failures, natural disasters, acts of God or other manmade disaster.
(2) Sidewalk and bicycle path or lane projects, where no other impervious surfaces are created or replaced.
(3) Trails and pathways, where no other impervious surfaces are replaced or created. (4) Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics.
(5) Curb and gutter improvement or replacement projects that are not part of any additional creation or replacement of impervious surface area (e.g., sidewalks, roadway). (6) Second story additions that do not increase the building footprint. (7) Raised (not built directly on the ground) decks, stairs, or walkways designed with spaces to allow for water drainage.
(8) Photovoltaic systems installed on/over existing roof or other impervious surfaces and panels located over pervious surfaces with well-maintained grass or vegetated ground cover or panel arrays with a buffer strip at the most down gradient row of panels. (9) Temporary structures (in place for less than 6 months). (10) Electrical and utility vaults, sewer and water lift stations, backflows and other utility devices.
(11) Aboveground fuel storage tanks and fuel farms with spill containment system.
Sec. 82-210. - Minimum performance requirements
(a) Performance Requirement No. l: Site design and runoff reduction:
(1) Projects that create andlor replace two thousand five hundred (2,500) square feet or more of impervious surface (collectively over the entire project site), including detached single-family home projects and are located within the city stormwater service area that enter the public storm drain system, must comply with the following runoff reduction practices:
a. Limit disturbance of creeks and natural drainage features. b. Minimize compaction of highly permeable soils.
c. Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project.
d. Minimize disturbance to impervious surfaces.
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e. Minimize stormwater runoff by implementing one or more of the following site design measures:
I . Direct roof runoff into cisterns or rain barrels for reuse.
2. Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California building code.
3. Direct runoff from sidewalks, walkways andlor patios onto vegetated areas safely away from building foundations and footings, consistent with California building code.
4. Direct runoff from driveways andlor uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with Califomia building code.
(2) The city will confirm that projects comply with site design and runoff reduction performance requirements by means of appropriate documentation (e.g., checklists) accompanying applications for proj ect approval.
(b) Performance Requirement No. 2: Water Quality Treatment:
(1) Sampling and analysis for sediment/silt or turbidity are required when the runoff from a construction site discharges directly into a U.S. body of water (not through the city storm drain system). Sampling is not required if all stormwater runoff is contained on site and allowed to infiltrate or evaporate.
(2) Stormwater sampling shall be performed per the "Cal Trans Storm Water Quality Sampling Guidance Manual".
(c) Performance Requirement No. 3: Runoff Retention: All projects, except detached single- family homes, that create andlor replace more than fifteen thousand (15,000) square feet of impervious surface (collectively over the entire project site), and detached single-family homes more than fifteen thousand (15,000) square feet of net impervious area, and are located in the city stormwater service areathat drains to any U.S. body of water are required to meet the runoff retention performance standards using low impact development principles and practices, subject to approval by the city.
(d) Performance Requirements No. 4: Peak Management: The city will require all projects that create andlor replace more than twenty-two thousand five hundred (22,500) square feet of impervious surface (collectively over the entire project site), and are located within the city stormwater service areathat drains to any U.S. body of water, to manage peak stormwater runoff and to meet water quality treatment and runoff retention performance standards as set forth in this section.
(e) Performance Requirement No. 5: Special Circumstances: Projects with a scope of work that have certain site and/or receiving water conditions may be defined as a special circumstances project. The special circumstances designation exempts a project from runoff retention and/or
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peak management performance standards where those performance standards would be ineffective to maintain or restore beneficial uses of receiving waters.
Sec 82-211. - Alternative compliance.
Alternative compliance refers to water quality treatment, runoff retention and peak management performance requirements that are achieved off site through mechanisms such as developer fee in lieu affangements andlor use of regional facilities. Alternative compliance may be allowed under circumstances of technical infeasibility, or equivalent circumstances and must be approved by the city.
Sec. 82-20912. - Requirements for postconstruction.
Property owners or operators shall ensure long term operation and maintenance of postconstruction stormwater runoff control mechanisms, such as retention basins, dry wells and other measures described in 40 CFR 122.34(bx5)(iii).
Sec. 82-2{O13. - Cleanup and notification requirements. (a) As soon as any owner or operator has actual or constructive knowledge of any discharge which may result in pollutants entering the public storm drain system, such person shall promptly take all necessary steps to ensure the discovery of the source and the extent and proceed with containment and cleanup of such discharge. (b) The owner or operator shall notify the public works director or the city engineer of the discharge in both of the following manners:
(1) By telephone as soon as practical or by calling 9-I-1, if hazardous materials are involved; and
(2) By written report identifying the discharge source, extent, pollutant, measures taken to mitigate the discharge, and preventative measures put into place to prevent a subsequent discharge.
Sec. 82-21414. - Inspections.
(a) Authority to inspect: Upon presentation of credentials and at all reasonable or necessary hours, all authorized employees of the city shall have access to all premises and to all records pertaining to those premises for purposes of ensuring compliance with this article.
Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the city in determining compliance with the requirements of this article. All persons shall allow such activities under safe and nonhazardous conditions with a minimum of delay. (b) Monitoring activities: The public works director or the city engineer may order any person engaged in any activity or owning or operating on any premises which may cause or contribute to discharges of pollutants to the public storm drain system in violation of this article or any applicable NPDES or RWQCB stormwater permit condition to undertake such monitoring activities and analyses and furnish such reports as the public works director or city engineer reasonably may specify. The costs of such activities, analyses, and reports shall be borne by the recipient of the order.
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(c) Access refusal: If an authorized employee of the city has been refused access to any premises, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect, interview, copy, photograph or sample as part of an inspection and sampling procedure of the city designed to determine compliance with the requirements of this article or any related laws or regulations designed to protect the environment and the public health, safety and welfare of the community, then the public works director or city engineer may seek issuance of a search or inspection warrant from a judge or judicial officer of the Fresno County Superior Court.
Sec.82-21215. - Enforcement and penalties.
(a) Enforcement: Charges levied pursuant to this article may be collected by the finance department or public works department. The public works director or city engineer shall make and enforce economic and efficient management and protection of the city's storm drain system.
(b) Owner of record: The owner of record of the property upon which a violation of this article occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises.
(c) Notice of violatiou The public works director or city engineer may issue a written notice of violation to any person who has violated or is in violation of this article. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the 30-s dayg following the notice of violation. Nothing in this section shall limit the authority of the public works director or city engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations, the public works director or city engineer may notify the person orally either in person or by telephone prior to, and, in some cases, in lieu of, written notification.
(d) Consent orders: The public works director or city engineer may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents shall include specific action to be taken by the person(s) to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. Such documents shall be approved by the city attorney, and shall have the same force and effect as any other orders issued under this article and shall be judicially enforceable.
(e) Cease and desist orders: When the public works director or city engineer finds that a person has violated, or continues to violate any provision of this article or any related laws or regulations, or that the person's past violations are likely to recur, the public works director or city engineer may issue an order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a
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continuing or threatened violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person's failure to comply with an order of the public works director or city engineer issued pursuant to this article shall constitute a violation of this article.
(f) Civil penalties: In addition to any other enforcement authority contained in this article, the public works director or city engineer may issue a civil citation to any person who has violated, or continues to violato, ffiy provision of this article or any related laws or regulations. A person who violates any requirement of this article or any applicable NPDES or RWQCB stormwater discharge permit condition shall be civilly liable to the city for a sum not to exceed $10,000.00 per day per violation.
(g) Criminal penalties: A person who willfully or negligently violates any provision of this article, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $15,000.00 per day per violation and/or imprisonment for a period not to exceed six months. (h) Criminal prosecution.' Some intentional violations may constitute criminal violations of federal, state and local laws, and under such circumstances, the public works director or city engineer may seek the assistance of the EPA, city attorney, state or county prosecutor to commence civil and/or criminal action against any person who violates any requirement of this article or any applicable NPDES or RWQCB stormwater discharge permit condition. (i) Revoking or withholding of permil: In addition to or in lieu of all other available penalties, the city may revoke or withhold any permit, approval or license to construct improvements to real property or operate a business in the city if the holder of such permit, approval, or license is in violation of any requirement of this article or any applicable NPDES or RWQCB stormwater discharge permit condition.
(j) Liability for costs: The public works director or city engineer may assess liability for costs to any person found in violation of this article for all actual costs incurred by the city in surveillance, sampling and testing, abatement, and remediation associated with a discharge that is in violation of this article. Additionally, the public works director or city engineer may assess liability for costs to any person whose discharge resulted in a violation of the city's stormwater discharge permit.
Sec. 82-24316. - Conflict with other laws.
In the event of any conflict between this article and arry federal or state law, regulation, permit, or other ordinance of the city, the requirements which establish the stricter standard shall govern. To the extent permitted by law, nothing in this article shall preclude enforcement of any other applicable law.
Sec. 82-2141 7. - Severability.
If any section, subsection, phrase, or clause of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this division. The city council hereby declares that it would have adopted this article and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid.
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SECTION 2. CEQA. The City Council finds and determines that this ordinance is not a "project" for the purposes of the California Environmental Quality Act (CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment. See California Code of Regulations, Title 14, Chapter 3, Section 15378. As such, the adoption of this ordinance is not subject to CEQA.
SECTION 3.
adoption.
Effective Date. This ordinance shall become effective thirty days after its SECTION 4. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Sanger, within fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted. The ordinance shall become effective thirty days after its adoption.
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
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
2022, by the following vote:
APPROVED:
Rebeca Ramirez
City Clerk
Eli Ontiveros, Mayor
City of Sanger
130
For the Meeting of:
Agenda Item No.:
J,a,ly 7,2022
l-\ -:
CrrY oF SINGER
Rtr,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and Councilmembers
David Brletic, Community Development Director
PG&E Easement - Muscat Avenue
Attachments: Resolution No. 2o2 2 -bo
Exhibit A - Letter from PG&E dated June9,2022
PG&E Muscat Avenue Plot Plan.
Easement.
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No.Zgel:&o_ approving Easement Deed LD #2214-22-10007, authorizing and directing City Manager to take all action reasonably necessary to carry out the intent and purpose of the Resolution, including the execution of all documents, forms, or agreements subject to approval as to legal form by the City Attorney.
EXECUTIVE SUMMARY:
City Council of the City of Sanger adoption of Easement Deed LD #2214-22-10007 and grant of an easement to PG&E for 0000 Muscat Avenue, City of Sanger, CA,0.46 Ac or 20,187 SF in Fresno County with APN: 332-042-06T, for the sum of $79,739, to allow installation of DFM 1209-06 MP 5.72 ILI Upgrade Receiver (PM#74035955), needed for the provision of utilities as requested as part of a Letter Agreement dated June 9, 2022.
Prepared by: Approved by:
REVIEW: City Finance: City Attotney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION (A)
(B)
(c)
(D)
Consent
Informational Item
Action ItemX
Public Hearing
Mattet Initiated by a Council Member
Other:
Continued to:F Department Report
131
BACKGROUND:
The City of Sanger acquired APN: 332-042-06T from the Redevelopment Agency of the City of Sanger 4pri126,1999. This property is generally located on the south side of Muscat Avenue approximately 450 feet east of Academy Avenue. The Pacific Gas and Electric Company ("PG&E") now desires to install certain improvements, which it refers to as DFM 1209-06MP 5.72ILI Upgrade Receiver (PM#74035955), needed for the provision of utilities on a portion of the Property and has requested an easement for the same from the City of Sanger as part of a Letter Agreement dated June 9, 2022. Through the letter request, PG&E is offering to pay offers $79,739 for a Permanent Easement (PE).
REASON FOR RECOMMENDATION:
The proposed easement facilitates PG&E's installation of an Upgrade Received facility needed for provision of utilities for their overall system.
FISCAL IMPACT:
Proceeds from sale will be deposited in General Fund.
ALTERNATIVES:
Deny request to purchase easement.
ACTIONS FOLLOWING APPROVAL:
The Resolution shall take effect immediately upon its adoption. The City Manager will direct recordation of the easement.
132
RESOLUTION NO. 2o ))-Co
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
GRANTING A DEED FOR EASEMENT AT ACADEMY AVENUE AND
MUSCAT AVENUE (APN: 332-042-06T) TO PACIFIC GAS AND
ELECTRIC COMPANY
WHEREAS, the Redevelopment Agency of the City of Sanger transferred certain property to the City of Sanger by deed dated April26,1999, andrecorded as Document No. 1999-0122709, Fresno County Records; and
WHEREAS, as a result of said transfer the City of Sanger is the owner of that property generally located on the south side of Muscat Avenue near Academy Avenue, and commonly referred to as APN: 332-042-06T ("Property"); and
WHEREAS, the Pacific Gas and Electric Company ("PG&E") now desires to install certain improvements, which it refers to as DFM 1209-06 MP 5.72 ILI Upgrade Receiver (PM#74035955), needed for the provision of utilities on aportion ofthe Property and has requested an easement for the same from the City of Sanger as part of a Letter Agreement dated June 9, 2022; and
WHEREAS, pursuant to said Letter Agreement, the City of Sanger and PG&E have agreed to the following terms and conditions regarding the same:
1. Premises: 0000 Muscat Avenue, City of Sanger, CA,0.46 Ac or 20,187 SF in Fresno County with APN: 332-042-067
2. Type of Agreement: Permanent Easement (PE)
3. Price: $79,739
4. Use: Receiver Lot 5. Conditions: See Easement Deed LD #2214-22-10007 WHEREAS, the City Council of the City of Sanger now desires to adopt Easement Deed LD #2214-22-10007 and grant an easement to PG&E pursuant to the terms and conditions thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANGER
HEREBY RESOLVES AS FOLLOWS:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. The City Council approves Easement Deed LD #2214-22-10007, attached hereto as Exhibit "A." The City Manager is authorized and directed to take all action reasonably necessary to carry out the intent and purpose of this Resolution, including the execution all documents, forms, or agreements subject to approval as to legal form by the City Attorney. and
I0 r236.01 01/800334.1
133
Section 3. This Resolution shall take effect immediately upon its adoption. *. * tF {. * tl€ * * :1. rl. ,1. ,1. rl. {. * ,F *
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 7ft day of July 2022 and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COLINCILMEMBERS:
COUNCILMEMBERS:
COI.INCILMEMBERS:
ATTEST
Rebeca P. Ramirez, City Clerk
201236.0101/800334. l
134
til
Fnnlfrc firs ard
Hbrtrdc fanqnnry"
January 14,2021
City of Sanger-Community Development Department
David Brletic, Acting Director
333 North Avenue
Sanger, C493657
RE: 1677B DFM 1209-06 ILI Upgrade Receiver Lot
APN:332-042-06T, SEC of Muscat and Academy Avenues, Fresno County Dear Mr. Brletic:
Pacific Gas and Electric Company (PG&E) top priority is to ensure the safety and reliability of its Gas distribution system. Therefore, PG&E is proposing to make improvements to our existing gas line, in a continuing effort to provide safe and reliable service to its customers. To facilitate this project PG&E is proposing to acquire
0.46 acre or 20,187 square feet of your propefty, identified as Fresno County Assessor's Parcel Number 332-Q42-06T.
PG&E hereby offers to pay you a total of $79,739.00 (Seventy Nine Thousand Seven Hundred Thirty Nine Dollars) as compensation for this purchase. The amount is believed to be fair and just compensation for the parcel based on the Third Party appraisal completed by John E. Larson with Collier International.
Included as part of this package you will find the following information related to this purchase l Premises: 0.46 acre or 20,187 S.F.
2. Type of Agreement: Permanent Easement
3. Price: $79,739.00
4. Use: As described in the Easement Deed, LD #2214-22-10007 If you find the offer acceptable, please sign and return the enclosed Easement Deed. Your signature on the Easement Deed must be acknowledge by a notary public. If you like I can assist with notarizing the document.
A W-9 has also been included and will need to be completed and retumed in order to process the settlement payment. Payment processing can take several weeks after PG&E has received both the signed W-9 form and the notarized easement deed.
You may be assured PG&E will make every effort to accommodate and address your concerns about this project. If you have any further questions about the project or PG&E's offer please feel free to contact me at 559-612-3725 or by email at [email protected]. Thank you for your time and consideration.
Sincerely,
Catly Pod"pwz
Cathy Rodriguez
Senior Right of Way Agent
PG&E Land Management
3580 East California Avenue
Fresno, CA^93725
Enclosures: Easement Deed, LD# 2214-22-10007, W-9
(Rev 3/15)
135
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Utility Lot ild Line Emement (Rev. 04/2021)
RECORDING REQUESTED BY AND RETURN TO
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, Caffirnia 94177
Location:
Recording Fee $_
Document t ansfer ta* $ _
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T I l91l).
[ ] Computed on Full Value of Propert5r Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1(a) (2); This
document is subject to Documentary Transfer Tax
Signature ofdeclarant or agent determining tax
LD# 2214-22-10007
(SPACE ABOVE FOR RECORDER'S USE
EASEMENT DEED
3036-01s4 (03-21-062) t22r I
DFM 1209-06 MP 5.72ILI UPGRADE RECEIVER
CITY OF SANGER, a public body of the State of California, (ooGrantor"), in consideration of value paid by PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (o'Grantee"), the receipt which is hereby acknowledged, grants to Grantee an exclusive and non-exclusive easement, together with a right of way, within the easement areas described below, lying within the Grantor's lands situated in the City of Sanger, County of Fresno, State of California, and described as follows:
(APN: 332-042-06T)
The parcel of land described in the deed from the Redevelopment Agency of the City of Sanger to the City of Sanger dated April 26, 1999 and recorded as Document No. 1999-0122709, Fresno County Records.
The easement areas are described as follows
(a) the parcel of land described and designated as PARCEL 1 in EXHIBIT "A" and shown upon EXHIBIT "B" attached hereto and made a part hereof ("Exclusive Easement Area"). (b) the strip of land described and designated as STRIP I in EXHIBITooA" and shown upon EXHIBIT "8" (o'Non-Exclusive Easement Area").
(c) the strip of land described and designated as STRIP 2 in EXHIBIT "A" and shown upon EXHIBIT "B" ("Non-Exclusive Easement Areao').
Grantor further grants to Grantee:
137
(a) the exclusive right, fi'om time to time, to excavate for, constLuct, reconstnrct, replace (o1'the initial or any other size), l'enrove, maintain, inspect, and use facilities ancl associated equipment for public utility pllryoses, including, but not limited to electric, gas, and communication facilities, together with a lighl-of-way on, over, and under the Exclusive Easement Area; and the right, as Grantee shall fi'om time to time deem necessary to discharge gas into the atmosphere, and to pave and enclose with a f'ence the Exclusive Easement Alea; (b) the right, from time to time, to excavate for, constluct, reconstruct, replace (of the initial or any other size), remove, maintain, inspect, and use facilities and associated equipment tbr public utility pulposes, including, but not lirnited to electric, gas, and commrmication facilities, together r,vith a right-olway on, over, and under the Non-Exclusive Easement Area.
The Exclusive Easement Area and Non-Exclusive Easement Area are hereinafter collectively r:efbrred to as ("Easement Areas"),
Grantol furthel glants to Grantee:
(a) the right of ingress to and egress from the Easement Areas over and across the lzurds by nleans of roads and lanes thercon, if such there be, othelwise by such I'oute or routes as shall occasiou the least practicable damage and inconvenience to Glantor, provided, that such right of ingress and egress shall not extencl {o any portion of the lands which is isolated from the Easement At'eas by any public road or highway, now crossing or hereafter crossing the lands; (b) the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees, roots, bnnh, vines, and to remove any associated supporting structures now or hereafter within the Easement Areas, and shall have the further right, fi'om tirne to time, to trim and cut down trees, roots, brush, and v-ines outside of the Easement Areas which rlow ol' hereafter in the opinion of Grantee may interfere with ol be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations;
(c) the right to use such portion of said lands contiguous to the Easement Areas as may be reasonably llecessaty in corurection with the excavation, construction, reconst{uction, replacement, removal, maintenance, and inspection of the facilities; (d) tbe right to install, maintain, and use gates in all fences which now cl'oss or shall hereafter cross the Non-Exclusive Easement Area; and
(e) Grantee shall have the right to mark the location of the Non-Exelusive Easement Area and facilities by suitable tnarkers set in the ground; provided that the nrarkers shall be placed in fences ol other looations which will not interfere with any reasonable use Grantol sliall make of the Non-Exclusive Easement Area.
Grantee covenants and agrees:
138
(a) to promptly backfill any excavations made by it on the Easement Areas; (b) to repair any clarnage to the lands caused by Grantee as a lesult of exercising its right ofingress and egress granted herein; and
(c) to indemnify Grantor against any loss ancl damage which shall be caused by any wlongful ot' negligent act ot' omission of Grantee or of its agents or employees in the course of their ernployment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor's comparative negligence ol' willful misconduct.
Grantor covenants and agrees:
(a) not to place ol construct, nol allow a third pafty to place or construct, any building or othel sh'uctute, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within the Easernent Areas, or diminish or substantially add to the ground level within the Easement Areas, or construct any fences that will interfere with the tnaintenance and operation of the facilities, or glant any easement or other use on, over, or under' the Exclusive Easement Area.
(b) not to commence, not allow a third parly to commence, any constluction activity (surflace or subsurfbce) within the Non-Exclusive Easement Area without the written approval of Grantee, whieh approval shall not be unleasonably withheld. No construction activity shall commence until such time that Grantee approves the request. (c) not to plant any trees, blush, or vines within the Non-Exclusive Easement Area. Grantor may plant and maintain ground covers, grasses, flowers, cl'ops, and low-growing plants that grow unsuppofied to a maximum of four (4) feet in height at maturity within the Non-Exclusive Easement Area.
This doctrment may be execnted in multiple counterparts, each of which shall be deemed an original, but all of'which, together', shall constitute one and the same instrument.
The provisions hereofshall inure to the benefit ofand bind the successols and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated 2A
CITY OF SANGER, a public body of the
State of California,
By:
Nanre:
Title:
139
EXHIBIT "A''
(APN: 332-042-06"r)
PARCEL I:
S TRIP I:
STRIP 2
Commencing at the found brass cap accepted as marking the west quafter colner of Section 26, Township l4 South, Range 22East, MDB&M and running
(a) south 83"35'45t east 471 .74 feel;
to a point within the boundary lines of the parcel of land described in the deed fl'om the Redevelopment Agency of the City of Sanger to the City of Sangel dated April 26,1999 and recorded as Document No. 1999-An2709, Fresno County Recolds, being the TRUE POINT OF BEGINNING of said PARCEL 1;thence
(1) south 89"47'39" east 165.00 fbet; thence
(2) south 00"12'21- west 110.00 feet; thence
(3) north 89"47'39" west 165.00 feet;thence
(4) nonh 0A"12'21" east 110.00 feet to the TRUE PONT OF BEGINNNG.
A strip of land of the uniform width of 20 feet extencling fi'om the northerly boundary line of the southwest quafier of Section 26, Township 14 South, Range 22East, MDB&M southerly to the northerly boundary line ofthe parcel ofland herein before described and designated PARCEL I and lying 10 feet on each side of the line described as follows:
Commencing at the found brass cap accepted as marking the west quarter colnel' of said Section 26, and. running thence along the northerly boundary of said southwest qua$er of Section 26
(a) south 89"47'39" east 517.40 feet
to the TRUE POINT OF BEGINNING of said line; thence leaving said northerly boundary line
(l) south A0"12'21* west 50.93 f'eet, more or less,
to a point on the northerly boundary line of the par:cel of land herein before described and designated PARCEL l.
A strip of land of the uniform width of 20 feet extendirrg f}om the northerly boundary line of the southwest quafier of Section 26, Township 14 Sonth, Range 22Easl, MDB&M southerly to the northerly boundary iine of the parcel of land herein before described and designated PARCEL I and lying 10 feet on each side of the line described as follows:
Commencing at the fbund brass cap accepted as marking the west quarter colner of said Section 26, and running thence along the northerly boundary of said southwest quarter of Section 26
(b) south 89"47'39" east 585.30 feet
140
to the TRUE POINT OF BEGINNING of said line; thence leaving said northerly boundary line
(2) south 0012'21" west 50.93 feet, more or lesso
to a point on the northerly boundary line of the parcel of land herein before described and designated PARCEL 1.
The foregoing descriptions ale based on a sul'vey made by PG&E in October 2021.
Basis of bearings is the northerly boundary line of the southwest quarter of Section 26, Township 14 South, Range Z2Bast, MDB&M. Bearing taken as south 89o47'39" east,
APPROVED AS TO DESCRIPTION
k,/L
Courtney R. Faulkenbeny
P.L.S. 8467 l- t3 - zu
R.
No, E407
Exp.12-31-22
141
Attach to LD: 2214-22-10007
Area, Region or Location: 4
Land Service Office: Fresno
Line of Business: Gas Transmission (52)
Business Doc Type: Easements
MTRSQ : 22.142226.34,
FERC License Number: N/A
PG&E Drawing Number: JL-1222
Plat No.: N/A
LD of Affected Documents:N/A
LD of Cross Referenced Documents: N/A
Type of interest: Utility Lot Easement (108), Gas and Pipeline Easements (5) SBE Parcel: N/A
Yo Being Qui tclaimed : N/A
Order or PM: 74A39181
JCN:03-21-062
County: Fresno
Utility Notice Number: N/A
851 Apprnval Application No: N/A ;Decision: N/A
Prepared By: ACMZ
Checked Br: CRFJ Q4-;F
Approved By:
Revised by:
142
TOWNSHIP 14 SOUTH, RANGE 22 EAST,
wEsT u SECTTON 26, MDB&M
MUSCAT ALGINMENT
FD BRASS CAP APN 332.042.057
MARKING THE W QUARTER CORNER CITY OF SANGER
sEcTtoN 26,7145,R22E DOC. NO.85100802
POINT OF COMMENCEMENT PARCEL C PARCEL MAP
NO, 83-2 BOOK 4L, PAGE 8s
s89'47'39"E 1645.59' BASIS OF BEARINGS
585.30'
FD IRON PIPE
MARKING THE 5E CORNER
OF PARCEL C AS SHOWN ON
BK 41 PARCEL MAPS PG 85
STRIP 2
CITY OF SANGER
332-042-067
DOCI 1999-0122709
FRESNO COUNTY
10'
20'
517
10 STRIP 1
TRUE POINT OF
BEGINNING
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1.2/16/202r
EXHIBIT ''8"
ILI UPGRADE RECEIVER
UTILITY LOT EASEMENT
PACIFIC GAS AND ELECTRIC COMPANY
San Franclsco Callfornia
NUMEER
JL-t222
143
A notaly public or other officer cornpleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accut'acy, or validity of that document.
State of California
County of )
before me, NotaryOn
Public,
personally appeared
lnscrt nsnre
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), and that by his/herltheir signature(s) on the insh'ument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the insh'urnent.
I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing palagraph is true and correct.
WITNESS my hand and officialseal.
(Seal)
. Sigilnhue ofNorary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
I J Paftner(s) of the above named Partnership(s)
I J Anomey(s)-in-Fact of the above narned Principal(s)
[ ] Other
144
S DRANG
, ,,:1,,,
For the Meeting of: July 7,2022
Agenda Item No.: j - 2
CrrYoF SINGER
REPORTTO THE, CITY COUNCIL
To:
From:
Subject:
City Council
Tim Chapa, City Manager
Rescission of Resolution No. 2020-13, the Proclamation of a Local Emergency Due to the threat of the Novel Coronavirus (COVID-19)
Attachments: ResolutionNo. 20 )> -G/
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council deems that the local emergency due to COVID-l9 no longer exists and adopts ResolutionNo.2g22-61-Rescinding Resolution No. 2020-13 and Thereby Terminating the Proclamation of a Local Emergency Related to Covid-l9 and Certain Related Executive Orders Issued by the Director of Emergency Services and Ratified by the City Council.
EXECUTIVE SUMMARY:
On March 17,2020, the City Council adopted Resolution No. 2020-13 proclaiming the existence of a local emergency due to COVID-I9. As COMD-l9 and its impact on the local medical system has subsided, it is no longer an immediate emergency. Therefore the emergency declaration and related executive orders that are still in effect may be terminated.
BACKGROUND:
In December of 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease no known as COVID-l9) was first identified in Wuhan City, China. By March 15,2020, Fresno County, the State of California, and the President of the United States proclaimed County/StateAtrational emergencies due to Ptepated by: David Bdetic Apptoved by:
REVIEW: City Finance: City Attorney:
TYPE OF ITEM: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
-
-x-X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION:
145
COVID-I9. On March 17,2020, the City Council adopted Resolution No. 2020-13, proclaiming the existence of a local emergency due to COVID-I9. Resolution No. 2020-13 specified that the termination of the declaration could be made upon a determination that the local emergency no longer exists. Based on the local, County and State subsidence of COVID-l9 cases, the immediate emergency no longer exists.
REASON FOR RECOMMENDATION:
While the case count of over I 1,000 is significant (equivalent to approximately 40Yo of Sanger residents), the case incidence has significantly subsided for Sanger.
While it is clear that COVID-I9 continues as an endemic disease and may see upticks throughout the year, it is no longer a pandemic nor an immediate threat to Sanger. Therefore, it is appropriate to terminate Resolution 2020-13, and declare that an immediate threat no longer exists.
Should cases rise, City action could occur by addressing the matter directly or through a subsequent emergency declaration.
FISCAL IMPACT:
NA
ALTERNATIVES:
Do not terminate Resolution 2020-13 and continue with the emergency declaration. 146
RESOLUTTON NO. 2022-k I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANGER RESCINDING RESOLUTION NO. 2O2O.I3 AND
THEREBY TERMINATING THE PROCLAMATION OF A
LOCAL EMERGENCY RELATED TO COVID-l9 AND CERTAIN
RELATED EXECUTIVE ORDERS ISSUED BY THE DIRECTOR
OF EMERGENCY SERVICES AND RATIFIED BY THE CITY
COUNCIL
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-I9) was first identified in Wuhan City, Hubie Province, China; and
WHEREAS, COVID-I9 spread outside of China, impacting more than 75 countries, now including the United States; and
WHEREAS, the CDC activated its Emergency Response System to provide ongoing support for the response to COVID-19 across the country; and WHEREAS, the California Department of Public Health activated its Medical and Health Coordination Center, and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March4,2020, Governor Newsom proclaimed a State of Emergency for the State of California as a result of the threat of COVID-19; and WHEREAS, on Marchll,2020, the Director-General for the World Health Organization declared that COVID-19 canbe characterized as a "pandemic"; and WHEREAS, on March 12,2020, Govemor Newsom issued Executive Order N-25-20, which followed his March 4 proclamation of a State of Emergency in California as a result of the threat of COVID-l9; and
WHEREAS, on March 13,2020, the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency; and WHEREAS, on March 15,2020, the Fresno County Administrative Offrcer as the County's Emergency Services Director proclaimed a local emergency and following that on March 17 ,2020, the County of Fresno Board of Supervisors proclaimed and ratified the existence of a local emergency; and
WHEREAS, on March17,2020, the City Council of the City of Sanger proclaimed the existence of a local state of emergency relating to COVID- I 9 throughout the City of Sanger setting in place the City Manager as the Director of Emergency Services for the City of Sanger to help establish local orders and to further address the health and safety of the Sanger community and its residents; and
7 147
and
WHEREAS, since the City Council's proclamation of a local emergency, various executive orders have been issued by the Director of Emergency Services and ratified by the City Council; and
WHEREAS, the case incidence of COVID-l9 cases in the City has significantly subsided; WHEREAS' the State of California has rescinded multiple public health restrictions and issued guidance allowing local communities to reopen facilities with some precautions; and WHEREAS, in reliance on the State of California's recent direction and rescission of health restrictions, the City finds that the risks of COVID-I9 have reduced with the increased vaccinations rates in the City, County and State; and
WHEREAS, on July 15,2021, the City Council adopted Resolution No. 2021-49 confirming Executive Order 2l-04 regarding the full lifting of certain Executive Orders; and WHEREAS, pursuant to Government Code Section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer exist to warrant continuing the local emergency.
NOW, THEREFORE, the City Council of the City of Sanger proclaims as follows
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City Council hereby rescinds Resolution No. 2020-13 and thereby terminates the proclamation of a local emergency related to COVID-l9 and certain related executive orders as listed below issued by the Director of Emergency Services and ratified by the City Council.
Executive Order 2l-01- COVID-19 Supplemental Paid Sick Leave Policy (expired September 30,2021)
Executive Order 2l-05 - Relating to the Mandate of Indoor Masking Executive Order 2l-05a- Relating to the Mandate of Indoor Masking Executive Order 22-01- Relating to Closure of Sanger City Hall Executive Order 22-02 - Relating to the Lifting of Indoor Masking for Vaccinated Persons and the Reopening of City Hall
Executive Order 22-03 - Relating to the Lifting of Indoor Masking for All Persons
3. Executive Order 22-04 (COVID-I9 Paid Sick Leave Policy -SB114) shall continue in effect until September 30, 2022.
4. This Resolution shall take effect immediately.
The foregoing Resolution was considered by the City City Council of the City of S a n g e r at a r e g u I ar meeting thereof held on the 7 tn day of July 2022 and approved by the following vote:
2 148
AYES:
NOES:
ABSTAIN
ABSENT:
ATTEST:
Rebeca P. Ramirez, City Clerk
3 149