Sanger City Council
July 6, 2023

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
THURSDAY, JULY 6, 2023
6:00 P.M.

COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
Prior to action by the Council on any item on this agenda, the public may comment on that item.

A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
D. PRESENTATIONS

1. Sanger Chamber of Commerce Quarterly Report.

E. PUBLIC FORUM
This portion of the meeting is reserved for persons desiring to address the Council on any matter not otherwise on the agenda and within the jurisdiction of the City Council.

Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Councilmember or member of the staff. Speakers should limit their comments to three (3) minutes.

F. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Councilmember may request an item be removed from the Consent Calendar and it will be considered separately.) 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.
1 City Council Agenda
July 6, 2023

1. SUBJECT: Minutes of the Special and Regular Meetings held on June 15, 2023.

RECOMMENDATION: That the City Council approve.

2. SUBJECT: Cancellation of the September 21, 2023 Regular City Council Meeting.

RECOMMENDATION: That the City Council vote to cancel the regular meeting scheduled for Thursday, September 21, 2023, due to a lack of quorum.

G. PUBLIC HEARING

1. SUBJECT: Annual Assessments for Sanger Landscaping and Lighting Maintenance District No. 1.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing regarding the annual assessment of the Sanger Landscaping and Lighting Maintenance District No. 1;

2. Approve Resolution No. 2023 -34, confirming diagram and assessment for the Annu al Levy of Assessments for Sanger Landscaping and Lighting Maintenance District No. 1 for FY 23-24;

3. Direct the City Clerk to record the resolution with the Fresno County Office of the Auditor-Controller.

2. SUBJECT: Annual Assessments for Sanger Landsca ping and Lighting Maintenance District No. 2.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing regarding the annual assessment of the Sanger Landscaping and Lighting Maintenance District No. 2;

2. Approve Resolution No. 2023 -35, confirming diag ram and assessment for the Annual Levy of Assessments for Sanger Landscaping and Lighting Maintenance District No. 2 for FY 23-24;

3. Direct the City Clerk to record the resolution with the Fresno County Office of the Auditor-Controller.

3. SUBJECT: Zoning Ordinance Map Amendment No. 2023 -02 and Initiation of Annexation of Subject Properties and the Somerset Residential Community Project.

RECOMMENDATION: That the City Council conduct a public hearing and:

1. Waive the full reading and introduce by title only Ordinance No. 2023-06 an Ordinance of the City Council of the City of Sanger approving Zoning Ordinance Map Amendment No. 2023 -02 for the pre-annexation zoning of two parcels from Fresno County’s AE-10 (Exclusive Agricultural) to the City’s R -1- 6 (Single F amily Residential District) for two parcels of approximately 28.37 acres generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue; and

2. Adopt Resolution No. 2023 -36 to request the Local Agency Formation Commission (LAFCo) to undertake proceedings for the Annexation of the Somerset Residential Community Project area and surrounding properties into the City of Sanger.
2 City Council Agenda
July 6, 2023

H. DEPARTMENT REPORTS

1. SUBJECT: Review of Military Equipment Use Policy Ordinance and Rec eipt of Annual Report.

RECOMMENDATION: That the City Council review Military Equipment Use Policy, Ordinance and Annual Report and by minute order affirm the Ordinance and accept the Annual Military Equipment Use Report

I. CITY MANAGER/STAFF COMMUNICATION

1. Presentation on site layouts for 10-acre park.

J. MATTERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Councilmembers 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. Discussion of a Senior Citizen Committee – Councilmember Hurtado.

K. ADJOURNMENT

I certify under the penalty of perjury, under the laws of the State of California that t he foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 29th day of June 2023.

Rebeca Padron, City Clerk

ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reas onable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876 -6300 extension 1350 so such aids or services can be arranged.

Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.

NOTICE OF AVAILABILITY OF AGENDA DOCUMENTS. Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.

3 [-t
Minutes of a Special Meeting of the Sanger City Council THURSDAY, JUNE 15,2023
5:30 PM

COUNCIL CHAMBER
1700 7rH Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 5:43 PM.

B. ROLL CALL

Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Councilmember Esmeralda Hurtado, Councilmember Mike Montelongo, Councilmember Dolores Melendez

Absent: None
C. AGENDAAPPROVAL
By motion of Councilmember Montelongo the Council approved the agenda as posted. The motion was seconded by Mayor Pro Tem Martinezand approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. PUBLIC FORUM
None.

E. CLOSED SESSION
The Council adjourned to Closed Session at 5:46 PM.

1. CONFERENCE WITH LEGAL COUNSEL _ ANTICIPATED LITIGATION a. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Govemment Code Secti on 54956.9
One Case
b. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section54956.9
One Case
The Council reconvened their Special Meeting at 6:14 PM. 4 City Council Special Meeting Minutes
June 15, 2023

F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Hilda Cantu Montoy announced no reportable action was taken in Closed Session.

G. ADJOURNMENT
Being no further business, the Council adjourned their Special Meeting at 6:15 PM.

ATTEST:

Rebeca Padron, City Clerk
5 Minutes of a Regular Meeting of the Sanger City Council THURSDAY, JUNE 15,2023
6:00 P.M.

COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:15 PM.

A moment of silence was observed in honor of Police Officer Manvir (Manny) Dhanoa.

B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.

The flag salute was led by Mayor Frank Gonzalez.

Roll Call

Present:

C. AGENDA APPROVAL. ADDITIONS AND/OR DELETIONS
By motion of Councilmember Montelongo, the agenda was approved as posted. The motion was seconded by Mayor Pro Tem Martinezand approved by the following vote:

Absent
AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Councilmember Esmeralda Hurtado, Councilmember Mike Montelongo, Councilmember Dolores Melendez
None

GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
D. PUBLIC FORUM
Kevin Carter said the City needs election reform. He said any vacancies on the City Council should only be filled by election. He said the City needs to do away with districts because it does not serye the City in a positive way. He said we need most qualified candidates who are experienced to run the city. He said we need to do away witi the mayor being elected by residents and it should be appointed by Council. He said the City should adopt campaign spending limits at $4,000 or $5,000.
6 City Council Regular Meeting Minutes
June 15,2023

Unidentified audience member said at the last meeting, a Councilmember said he was against postponing the Geary project because his mom lived there and another Councilmember said he would not talk to people on West Avenue because he already told them it was going to get done.

Brandon Young said he has been a resident for 11 years and feels that the town has adopted him.

He said he knows a lot of people and is friendly with police. He said he understands what is on the docket today regarding rate increases and does not mind. However, he has elderly in laws who have been dealing with water pressure issues for a long time. He said he bought a new house and they can't get water right. He said he doesn't mind paying increases but asked Council to fix water pressure issues before asking for money.

Mario Garcia, head coach for Boxing Club, said the program has had a lot of success. He and the instructors are pushing the kids hard and the boxing community is beginning to take notice and recognize Sanger as one of the best gyms. He said they plan to take the kids to the national competition and will need more funding. He said he not only teaches boxing but also advocates for higher education. He said they need more help from the Council and invited the Council to visit the gym to see the conditions they are working with.

Mr. Mazo said he has been a professional boxer for seven years and has witnessed what Coach Mario, David and Ruben had done at the gym. He said the financial burden is affecting the group. He said the group has champions and they don't want the gym to close because of no income.

David Palestrini said he is a coach at the gym and thanked the Council for the use of the facility and for the new equipment. He said they have a lot of success but it's not just boxing. He said they are trying to instill good virtues. He said they have a lot of kids and it is important to have the funds to accommodate them.

Ruben Iglesias spoke on behalf of Sanger Boxing. He thanked the volunteers and for being acknowledged for their work. He said he hopes they can continue to get support.

Moises Hernandez, Sanger resident, said at the last city council meeting, a member of the public requested an apology from a Councilmember regarding how they come across to certain City employees. He said City employees get paid well enough and should be able to stomach it. He said in the spirit of requesting apologies, he asked that the Mayor apologize to District I Councilmember Hurtado for antipathy towards her.

Osvaldo Vera said he ran the Boxing Club for 40 years and saw four world champions. He said Mario is in charge and doing great.
7 City Council Regular Meeting Minutes
June 15,2023

E. CONSENT CALENDAR
The Council by motion of Mayor Pro Tem Martinez pulled Agenda Item E-l and approved Agenda Items E-2 through E-9 on the Consent Calendar:
2 SUBJECT: INFORMATIONAL ITEM - Warrants including CheckNos. 89195 through 89374.

SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 59801 through 60025; Payroll Check Nos. 58964 through 59005; and Benefit Check Nos. 1892 through 1899.

4. SUBJECT: INFORMATIONAL ITEM - Police Department Monthly Report.

5. SUBJECT INFORMATIONAL ITEM - Fire Department Monthly Report.

6. SUBJECT APPROVED - FY 21122 Local Street Improvements Project.

The City Council:

1. Awarded the contract for the project to AJ Excavation, Inc., 9662W. Kearney Blvd., Fresno, CA93706, in the amount of $1,038,407.00, as lowest responsive and responsible bidder;

2. Approved a construction contingency for change orders in the amount of $103,840.00 (10%) for this project; and

3. Authorized the City Manager to sign contract documents on behalf of the City.

SUBJECT: APPROVED - Rehabilitation of Clariher No. 1 and No. 2 - WWTP.

The City Council authorized the payment for the rehabilitation of Clarifiers No. I and No. 2 and authorized the City Manager to execute all purchasing related documents.

8. SUBJECT: APPROVED - Letter of Support authorizing the County of Fresno to submit CalRecycle Application on behalf of the City of Sanger.

The City Council authorized 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 l4 (OPP14) on behalf of the City of Sanger.

SUBJECT: APPROVED - Ratihcation of School Partner Program with Sanger Unified School District.

The City Council ratified the agreement between the City of Sanger and the Sanger Unified School District for the School Partner Program to include intems for the Sanger Police Department.

The motion to approve Consent Calendar Agenda Items E-2 through E-9 was seconded by Mayor Pro Tem Martinez and approved by the following vote:

J
7 9
8 City Council Regular Meeting Minutes
June 15,2023
Page4 ofll
AYES:

NOES:

ABSTAIN:

ABSENT:

GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE

HURTADO, MELENDEZ

GONZALEZ, MARTINEZ, MONTELONGO
NONE
NONE

GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ

HURTADO
NONE
NONE
SUBJECT: APPROVED - Minutes of the Regular Meetings held on May 18, 2023, and June 1,2023.

Councilmember Hurtado asked that the District I handout she shared at the June 1, 2023 meeting be attached to the minutes.

Public comment:

Unidentified audience member said he could see why Councilmember Hurtado would want it attached because the packet was very well put together and it shows the needs of the District.

Jerry Valadez, CEO of SAM Academy, said he also would like to support the request. He said it is not a handout but a very detailed report and is warranted in this case. He said he has raised in the past that the minutes have been vague and never include discussion.

Kevin Carter said this is ridiculous. He said the entire budget presentation is not in the minutes.

He said the purpose is to reflect briefly what happened or there would be hundreds of pages in the minutes.

Councilmember Hurtado made a motion to insert a bullet point breakdown of the presentation.

The motion was seconded by Councilmember Melendez and failed by the following vote:
1 AYES:

NOES:

ABSTAN:

ABSENT:

The Council, by motion of Mayor Pro Tem Martinezapproved the minutes as presented. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

F. PUBLIC HEARINGS
SUBJECT: APPRoVED - city of Sanger operating and capital Improvement Budget for Fiscal Year 2023-2024.
1 9
City Council Regular Meeting Minutes
June 15,2023

The City Council held a public hearing to discuss the City's Operating and Capital Improvement Budget for Fiscal Year 2023-2024.

Public comment:

Jerry Valadez, CEO of Sam Academy, said funding for training is good for professional development. He said he has seen through the minutes that training has always been approved for staff so why not for Council. He said Councilmembers should never have to take il out of their own pockets. He said he also supports the report that Councilmember Hurtado put together and said it is not changing the budget but changing the language of what to get done. He said as a member of the Downtown Beautification Committee, there are items that need attention but it is always only talk and nobody has the power to create action.

Mario Garcia thanked the Council and said he is not just a boxing coach but a mentor and father and he inspires the kids, some of whom don't have it at home.

David Pallestrini said the $10,000 adjustment would be amazing. He said they took 12 kids to compete in Las Vegas and each coach paid approximately $1,300 out of pocket. He said the $10,000 would allow an opportunity for fundraising events.

Mr. Mazo thanked the Council for the additional funds.

Ruben Iglesias thanked the Council for allocating more funds.

Osvaldo Vera said he is happy the Club will receive more funds.

Kevin Carter said it's difficult to prioritize street repairs. He said assigning priorities started months ago with public input at meetings. The 5-Year CIP was first presented to the Planning Commission then to Council and that was the time to discuss changes, not at the last minute.

Unidentihed audience member said the last speaker is right. He said the Fire Station remodel started at $8.5 million but now is changed to $9.5 million.

Moises Hernandez said he is a Sanger resident and is working with the Downtown Revitalization Committee. He said it looks like the City can't prioritize alleyways but maybe in the upcoming year. He said he is in support of Councilmember Hurtado's plan for downtown.

Bobbi, Sanger resident, said District 1 is the most widely used area in town. It hosts parades, Farmer's Markets, and new restaurants and there is no good parking.

The City Council closed the public hearing.

Councilmember Hurtado made a motion to approve Resolution No.2023-26 approving the City Operating Budget and City Capital Improvement Budget for Fiscal Year 2023-2024 and, the Measure S lO-Year Spending Plan with an amendment to reprioritize downtown alley repairs and 5th Street repairs. The motion failed for lack of second. 10 City Council Regular Meeting Minutes
June 15,2023

The Council by motion of Councilmember Montelongo approved Resolution No.2023-26 approving the City Operating Budget and City Capital Improvement Budget for Fiscal Year 2023-2024 and the Measure S l0-Year Spending Plan. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The Council by motion of Mayor Pro Tem Martinez
l. Approved Resolution No. 2023-27 establishing the Appropriations Limit for Fiscal Year 2023-2024;

2. Approved Resolution No.2023-28 authorizing the Regular Full-Time and Regular Part- Time positions in the City service effective July 1, 2023, in accordance with the operating budget for Fiscal Year 2023-2024;

3. Approved Resolution No. 2023-29 making the determination of the Necessity of Continuing the Utility Users Tax;

4. Approved Resolution No. 2023-30 adopting the City of Sanger's Investment Policy for Fiscal Year 2023-2024; and

5. Approved Resolution No. 2023-31 adopting Master Salary Tables for all employees for Fiscal Year 2023-2024.

The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The Council called for a recess at 7:44 PM.

The Council reconvened their meeting at7:56PM.

The Citv Council Meeting recessed and the Sanser Housins Authoritv Meeting convened.

SUBJECT: APPROVED - Sanger Housing Authority Operating Budget for Fiscal Year 2023-2024.

The Board of Directors held a public hearing to discuss the Sanger Housing Authority Operating Budget for Fiscal Year 2023-24.

Public Comment:
2 None.
11 City Council Regular Meeting Minutes
June 15,2023

The Board closed the public hearing.

The Board of Directors by motion of Board Member Montelongo adopted Resolution No. 2023-01 approving the Sanger Housing Authority Budget for Fiscal Year 2023-2024. The motion was seconded by Board Member Martinezand approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
The Sanger Housing Authoritv Meeting adiourned and the Sanser Financine Authoritv Meeting convened.

SUBJECT: APPRoVED - Sanger Financing Authority operating Budget for Fiscal Year 2023-2024.

The Board of Directors held a public hearing to discuss the Sanger Financing Authority Operating Budget for Fiscal Year 2023-24.

Public comment:

Unidentified audience member asked what will be the final budget for the Fire Department remodel.

Administrative Services Director Patrick Chaffee said the amount identified in the Budget is an estimated place holder.

The Board closed the public hearing.

The Board of Directors by motion of Board Member Montelongo adopted Resolution No. 23- 01 approving the Sanger Financing Authority Budget for Fiscal Year 2023-2024. The motion was seconded by Board Member Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The Saneer Financing Authoritv Meeting adiourned and the Citv of Sanger as Saccessor Agencv to the Sanger Redevelopment Agencv Meeting convened.

SUBJECT:

J
4 2023-2024.

APPROVED - Sanger Successor Agency Budget for Fiscal Year 12 City Council Regular Meeting Minutes
June 15,2023
Page I of11
The Successor Agency held a public hearing to discuss the Budget for Fiscal Year 2023-2024 Public comment:

None.

The public hearing was closed.

The Successor Agency to the Sanger Redevelopment Agency by motion of Mayor Pro Tem Martinez adopted Resolution No. 23-01 approving the City of Sanger as Successor Agency to the Sanger Redevelopment Agency Budget for Fiscal Year 2023-2024. The motion was seconded by Councilmember Melendez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The Citv of Sanger As Successor Agencv to the Sanser Redevelor* -t Agencv Meeting adiourned snd the Citv Council Meeting resumed.

5. SUBJECT: APPROVED - Proposed Increases to City Water and Sewer Rates The Council held a public hearing to discuss proposed increases to City water and sewer rates.

Dan Bergmann presented on the item.

Public comment:

Kevin Carter said the study was way overdue. He said what happened in the past is irrelevant.

The situation today is to move forward. He said everyone needs to pay their fair share.

Karen Pearson said rate increases are long overdue.

The Council closed the public hearing.

City Clerk Rebeca Padron reported no protests were received regarding the proposed water and sewer rates.

City Attorney Hilda Cantu Montoy announced there is not a majority protest to the proposed water and sewer rates and the Council may proceed to adopt the resolution regarding water and sewer rates.
13 City Council Regular Meeting Minutes
June 15,2023

The City Council by motion of Mayor Pro Tem Martinez: adopted Resolution No.2023-32 ratifying the Proposition 218 Process Relating to Increases Water and Wastewater (Sewer) Service Charges and adopting Monthly Water Rates and Sewer Rates to be charged for Water and Wastewater (Sewer) fumished by the City for a Five-Year Period effective July 1, 2023.

The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ

HURTADO
NONE
NONE
The Council by motion of Mayor Pro Tem Martinez: adopted Resolution No. 2023-33 approving a Low-Income Water Rate Program for Low-Income Customers and authorizing payment from General Fund to Water Fund for such discounts. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
G. CITY MANAGER/STAFF COMMUNICATION
City Manager Tim Chapa commended the Council for the decisions they had to make tonight, which allows the City to go into Fiscal Year 2023-24 witha balanced budget. He said the City is in a strong position. He commended the Council for the difficult decision they made regarding rate increases.

H. TTERS UNCIL
Mayor Pro Tem Martinez

1. Thanked his colleagues for approving Consent Calendar Item E-6, which includes improvements to Canal Drive and Church Avenue. He said it is something he has been advocating for four years.

2. Asked if having already purchased the bonds for the fire station remodel provided a lower interest rate than rates being offered now.

Administrative Services Director Patrick Chaffee said the bonds purchased were at a2 %Yoto 3 %% rate which is at least 1 percentage point currently being offered. 14 City Council Regular Meeting Minutes
June 15,2023
Page I0 ofII
Councilmember Hurtado

1. Requested and received consensus to have Staff look into the PG&E program for converting overhead lines with underground lines.

2. Requested and received consensus to get an update on the Tombstone connection.

3. Requested and received consensus to get an update on sewer and wastewater.

4. Requested and received consensus to ask the railroad company to place rail posts at 5th Street and Academy Avenue.

City Manager Chapa said Staff will provide a written report regarding the PG&E program. He said the Tombstone issue connection is an easement acquisition and Staff will provide an update.

He said the City is waiting for the consultant to finish the sewer plan. Staff will provide a written update. He said a Staff was recently contacted by the PUC and there may be movement regarding the railroad post at 5th and Academy.

Councilmem Montelonso

1. Asked that when the fire station remodel item comes to Council, it include alternatives such as a substation.

2. Requested an update on street repairs on 7th Street from Lyon Avenue to Hawley Avenue and Lyon Avenue from Webster to Jensen Avenue.

Councilmember Melendez

1. Asked that the Council consider a policy review regarding $5,000 fund limit for Council travel budgets to allow that funds not used by a councilmember be used by another councilmember.

City Manager Chapa said there is currently no policy but prior practice is by Council action.

Councilmember Montelongo said he does not use his travel budget and doesn't mind if another councilmember uses it.

Mayor Gonzalez

1. Asked Staff to forward to Council an email previously received regarding homebased eating establishments.

2. Requested and received consensus to recognize Alyssa Samorano for the national championship in boxing.

3. Requested consensus to place an item on the next agenda regarding out of state travel to attend the National League of Cities.

City Manager Chapa said he will ask Corina to reach out to the Mayor to get more information needed to place the item on the agenda.
15 City Council Regular Meeting Minutes
June 15, 2023
Page II ofII
I. ADJOURNMENT
Being no further business, the council adjourned their meeting at 8:54 pM ATTEST:

Rebeca Padron, City Clerk
16 For the Meeting of; July 6,2023
Agenda Item No.:

CrrYoF SINGER
RE,PORT TO THE CIry COIJNCIL
f-Z
To:

From:

Subject:

Mayor and Councilmembers
Tim Chapa, City Manager
Cancellation of the September 21,2023 Regular City Council Meeting CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council vote to cancel the regular meeting scheduled for Thursday, September 21,2023, due to a lack of quorum.

EXECUTIVE SUMMARY:

The League of California Cities (Cal Cities) is hosting the Annual Conference and Expo on September 20 -22,2023 in Sacramento. Mayor Gonzalez, Mayor Pro Tem Maftinez, Councilmember Hurtado, and Councilmember Melendez are registered to attend. As such, no quomm will be available for the September 21't City Council meeting.

FISCAL IMPACT:

There is no fiscal impact.

ALTERNATIVES:

No alternatives offered.

ACTIONS APPROVAL:

A Notice of Cancellation will be posted and sent to agenda recipients.

Prepared by: Becky Padton. City Clerk/Deputy Personnel Approved by:

Ofhcer
REVIEW: City Finance: City Attorneyi _
TYPE OF ITEM:

X Consent
Info Item
X Action Item
Deoartment Reoort
Redevelooment AoencvroJ
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
17 S ANGe R
r-rt-----t
Fot the Meeting of:July 6,2023
Agenda Item No.:

CrrYoF SaNGER

RE,PORT TO THE, CITY COUNCIL
(-t
To:

From:

Subject:

Mayor and Council Members
John F. Mulligan, Public Works Director
Resolution Levying Annual Assessments for Sanger Landscaping and Lighting Maintenance District No. I
Attachments: Resolution
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council:

1. Conduct a public hearing regarding the annual assessment of the Sanger Landscaping and Lighting Maintenance District No. 1;

2. Approve Resolution No.2o lS-Jt, Confirming Diagram and Assessment for the Annual Levy of Assessments for Sanger Landschping and Lighting Maintenance District No. I for FY 23- 24;

3. Direct the City Clerk to record this resolution with the Fresno County Office of the Auditor- Controller.

EXECUTIVE SUMMARY:

The City of Sanger has two Landscaping and Lighting Maintenance Districts that were established to maintain city parks, landscaped areas, block walls, and streetlight operations and maintenance. Sanger Landscaping and Lighting Maintenance District No. 1 (LLMD No.1) was established in 1990 and was amended with the passage of Proposition 218 inI997. The funds associated with the assessment of $29 collected in LLMD No. 1 are used primarily to offset the costs associated with street lighting.

Ptepared by: Approved by:

REVIEW: City Finance: City Attorneyi _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
X Public Hearing
Matter Initiated by a Council Member
Other
Continued to
18 On April 6, 2023 the Council initiated the proceeding to collect the assessment and directed the City Engineer to prepare the appropriate required detailed Engineer's report. On May 18, 2023 the City Engineer's report was approved and the public hearing was set for July 6,2023. The attached resolution authorizes the levying of a $29.00 assessment as defined in the Engineer's Report. The rate remains unchanged and the same as the previous year.

BACKGROUND:

In 1990, the Council established the Sanger Landscaping and Lighting Maintenance District No. 1, for the purpose of maintaining all City parks, landscaped areas and streetlights. The Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500 et. seq. was designed to allow local governments the ability to collect assessments to defray the cost of maintaining street lighting, city landscaping and parks. These costs were recognized as costs which directly benefit property owners by increasing the value of their property. Adequate street lighting increases safety and decreases crime. Well- kept parks and landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.

Until 1990, street lighting, park and landscaping maintenance costs were borne by general property taxes.

However, this type of service is more appropriately considered a direct benefit to the property that is served, and a less appropriate use of general property tax funds.

After limitations were placed on the amount of taxes which could be collected in 1978, (Proposition 13), many cities began using the Landscaping and Lighting Act to properly divide costs which should be bome by the property owner from costs to be paid for by general taxes. The Sanger City Council at the time recognized the need for the funding and implemented the Landscaping and Lighting Maintenance District (LLMD).

Due to the passage of proposition 218 in November of 1997, limitations were placed on eligible maintenance costs, specifically the differentiation between a special benefit and a general beneht. Due to this proposition, the LLMD assessment was reducedby 67% resulting in reduced revenues to the General Fund of approximately $170,000.

The attached resolution authorizes the levying of a $29.00 assessment as defined in the Engineer's Report.

The rate remains unchanged and the same as the previous year.

REASON FOR RECOMMENDATION:

The LLMD No. 1 assessment is utilized to offset the costs of streetlight and right-of-way maintenance and operations within the established LLMD No.l area. Street lighting and well-maintained landscaping increases safety and the qualrty of life and directly affects the actual property values of homes and businesses located in the City of Sanger.

FISCAL IMPACT:

Anticipated revenues generated from the special assessment will be approximately $140,969.00 ALTERNATIVES:

The alternative is to eliminate the assessment and absorb the expenditures into the appropriate division budget.
19 ACTIONS APPROVAL:

Staff will prepare the necessary documents to forward to Fresno County to place the assessment data on the 23124 Ta:r Roll.
20 RESOLUTTONNo. Rozs-S(

A RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT FOR THE ANNUAL

LEVY OF ASSESSMENTS FOR SANGER
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FY 23-24 WHEREAS, the Sanger City Council adopted its Resolution Initiating Proceedings to Levy Annual Assessments for fiscal Year 2023-2024 for Sanger Landscaping and Lighting Maintenance District No. 1 on April 6,2023, and directed the City Engineer to prepare and file his Report with the City Council in accordance with the Landscaping and Lighting Act of 1972, California Streets and Highways Code 22500 et. geq.; and WHEREAS, the City Engineer filed his Report with the City Clerk on April 21,2022, as directed, and the City Council reviewed and approved the Report which was duly filed with the City Clerk; and
WHEREAS, on May 18,2023, the Sanger City Council adopted its Resolution of Intention to Levy and Collect Assessments for maintenance of improvements, as desuibed in the Engineer's Report, for fiscal year 2023-2024; and
WHEREAS, the improvements for which assessments are to be levied and collected are the maintenance of all street lights within the City right of ways within the incorporated boundaries of the City of Sanger excluding Sanger Landscaping and Lighting Maintenance District No. 2; and
WHEREAS, the Assessment District is designated "Sanger Landscaping and Lighting Maintenance District No. 1"; and
WHEREAS, a full and detailed description of the improvements, boundaries of the assessment district and proposed assessments of the lots and parcels of land within the district are set forth in the Report of the City Engineer on file with the City Clerk; and WHEREAS, the City Council set and conducted a Public Hearing at 6:00 P.M. on July 6, 2023, in the Council Chambers of the Sanger City Hall, 1700 7th Street, Sanger, Ca., on the levy of annual assessments for fiscal year 2023-2024; and
WHEREAS, the City Clerk duly gave notice of the public hearing by publication as required by law. All interested persons were given an opportunity to file written protests and be heard at the public hearing on all matters relevant to the imposition of annual assessments for fiscal year 2023-2024 under Sanger Landscaping and Lighting Maintenance District No. l; and WHEREAS, for the reasons set forth in the Staff Report, the improvements for which the annual assessments are to be levied and collected constitute special benefits to the assessed lots and parcels of land within the District; and
21 WHEREAS, it is in the public interest that assessments be levied and collected to pay for the maintenance of streetlights and City right of ways within the incorporated boundaries of the City of Sanger excluding Sanger Landscaping and Lighting District No. 2.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
l. That the recitals hereinabove stated are true and correct.

2. That the improvements called for in the City Engineer's Report be acceptable and they hereby are ordered. The diagram and assessment as set forth in the Engineer's Report are hereby confirrned.

3. The adoption of this resolution constitutes a levy of assessment for fiscal year 2023-2024 in the amount of $29 per assessment-parcel as described in the Engineer's Report.

4. That the City Clerk is hereby directed to record this resolution with the Fresno County Auditor-Controller.

I hereby certifu that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 6th day of JuIy,2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBERS:

COUNCILMEMBERS:

COTINCILMEMBERS:

COUNCILMEMBERS:

Rebeca P. Padron, City Clerk
22 SANGE R
r__;[*__r
To:

From:

Subject:

For the Meeting of: July 6,2023
Agenda Item No.:
!-tCrrYoF SINGER
RE,PORTTO THE. CIry COUNCIL
Mayor and Council Members
John F. Mulligan, Public Works Director
Resolution Levying Annual Assessments for Sanger Landscaping and Lighting Maintenance District No. 2
Attachments: Resolution
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council:
1 Conduct a public hearing regarding the annual assessment of the Sanger Landscaping and Lighting Maintenance District No. 2;

2. Approve Resolution Nope-f3:3S, Confirming Diagram and Assessment for the Annual Levy of Assessments for Sanger Landscaping and Lighting Maintenance District No. 2 for FY 23-24;

3. Direct the City Clerk to record this resolution with the Fresno County Office of the Auditor- Controller.

EXECUTIVE SUMMARY:

The City of Sanger has two Landscaping and Lighting Maintenance Districts that were established to maintain city parks, landscaped areas, block walls, and streetlight operations and maintenance. Sanger Landscaping and Lighting Maintenance District No. 2 (LLMD No.2) was established in 2004 to cover these specific costs.

On April 6, 2023, the Council initiated the proceeding to collect the assessment and directed the City Engineer to prepare the appropriate required detailed Engineer's On May 18,2023 the City Prepated by: Apptoved by:

REVIEW: City Finance: Ciw Attornev:

COUNCIL ACTION:TYPE OF ITEM: APPROVED DENIED NO ACTION
_X_ Public Hearins
X
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
Matter Initiated by a Council Membet
Other
Continued to:
23 Engineer's report was approved and the public hearing was set for July 6,2024. The attached resolution authorizes the levying of an assessment of $1 16.00 per parcel for Area 1 and $40.00 per parcel for Area 2 as defined in the Engineer's Report. The rate remains unchanged and the same as the previous year.

BACKGROUND:

On April 1,2004 the Sanger City Council established the Sanger Landscaping and Lighting Maintenance District No. 2 (LLMD No. 2) to levy and collect assessments to cover the cost of maintaining all streetlights, landscaping, and irrigation systems within the LLMD No. 2 City public righrof-way, and to cover the cost of maintaining special amenities located within the LLMD No. 2 City public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts.

The Landscaping and Lighting Act of 1972, Califomia Streets and Highways Code Section 22500 et. seq was designed to allow local governments the ability to collect assessments to defray the cost of maintaining street lighting, and landscaped areas within the public right-of-way. These costs were recognized as costs which directly beneht property owners by increasing the value of their property.

Adequate street lighting increases safety and decreases crime. Well-kept landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.

On April 6,2023, the City Council approved Resolution No. 2023-13, initiating proceedings to levy the annual assessment for the Sanger Landscaping and Lighting Maintenance District No. 2, which directed the City Engineer to prepare a report, which ensures that the annual assessment established for all properties within the assessment district covers the City's cost for maintenance, related services, and incidental expenses. Assessments may be increased each year using an inflation escalator based upon the Consumer Price Index. On May 18,2023, the City Council approved Resolution No. 2023-19, accepting the Engineers report, and approved Resolution No. 2023-20, a Resolution of Intention.

A public hearing has been set for July 6, 2023 to provide an opportunity for residents to voice their support or opposition to levying of an annual assessment of $116.00 per parcel for Area I and $40.00 per parcel for Area 2. The assessment will remain the same as last year.

REASON FOR RECOMMENDATION:

The LLMD No. 2 assessment is utilized to offset the costs of City and contractual labor and equipment to address streetlight and rightof-way maintenance and operations within the established LLMD No.2 area.

Street lighting and well maintained landscaping increases safety and the quality of life and directly affects the actual property values of homes and businesses located in the City of Sanger.

FISCAL IMPACT:

Anticipated revenues generated from the assessment will be approximately $200,404.

ALTERNATIVES:

Eliminate the assessment and absorb the expenditures into the appropriate division budget.

ACTIONS FOLLOWING APPROVAL:

Staff will forward the documents to Fresno County to place the assessment data on the 23124 Tax Roll. 24 RESOLUTTON NO. 2c23-35

A RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT FOR THE ANNUAL

LEVY OF ASSESSMENTS FOR SANGER
LANDSCAPING AND LIGHTING MAINTENANCE DISTzuCT NO. 2 FOR FY 23-24 WHEREAS, the Sanger City Council adopted its Resolution Initiating Proceedings to Levy the Annual Assessment for the Sanger Landscaping and Lighting District No. 2 on April 6, 2023 and directed the City Engineer to prepare and file his Report with the City Council in accordance with the Landscaping and Lighting Act of 1972, Califomia Streets and Highways Code22500 et. seq.; and
WHEREAS, the City Engineer filed his Report with the City Council on May 18,2023, as directed, and the City Council reviewed and approved the report which was placed on file with the City Clerk; and
WHEREAS, on May 18,2023, the Sanger City Council adopted its Resolution of Intention to levy and collect assessments for maintenance of improvements, as described in the Engineer's Report; and
WHEREAS, the improvements for which assessments are to be levied and collected include the labor and supplies for the maintenance of all street lights; the maintenance of landscape in the public right-of way; and the maintenance of any public special amenities located within the public right-of-way or easements, including, but not limited to, maintenance of masonry walls, maintenance of storm water holding ponds, and maintenance of roundabouts within the incorporated boundaries of the City of Sanger; and WHEREAS, the Assessment District is designated "Sanger Landscaping and Lighting Maintenance District No. 2"; and
WHEREAS, a full and detailed description of the improvements, boundaries of the assessment district and proposed assessments of the lots and parcels of land within the district are set forth in the Report of the City Engineer on file with the City Clerk; and WHEREAS, the City Council set and conducted a public hearing at 6:00 P.M. on July 6, 2023, in the Council Chambers of the Sanger City Hall, 1700 7th Street, Sanger, CA93657, on the levy of annual assessments for fiscal year 2023-24; and WHEREAS, the City Clerk duly gave notice of the public hearing by publication as required by law. All interested persons were given an opportunity to file written protests and be heard at the public hearing on all matters relevant to the imposition of annual assessments for fiscal year 2023-24 under Sanger Landscaping and Lighting Maintenance District No. 2; and WHEREAS, for the reasons set forth in the Staff report, the improvements for which the annual assessments are to be levied and collected constitute special benehts to the assessed lots and parcels of land within the District; and
25 WHEREAS, it is in the public interest that assessments be levied and collected to pay for the maintenance of streetlights and landscaping within the City right of ways within the incorporated boundaries of the City of Sanger.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:

1. That the recitals hereinabove stated are true and correct.

2. That the improvements called for in the City Engineer's Report be acceptable and they hereby are ordered. The diagram and assessment as set forth in the Engineer's Report are hereby confirmed.

3. The adoption of this resolution constitutes a levy of assessment for fiscal year 2023- 24 inthe amount of $116 (one hundred sixteen dollars) per assessment parcel for Area 1 and $40.00 (forty dollars) per assessment parcel for Area 2 as described in the Engineer's Report. Assessments may be increased each year using an inflation escalator based upon the Consumer Price Index, California, All Urban Consumers, for each year.

4. That the City Clerk is hereby directed to record this resolution with the Fresno County Office of the Recorder.

I hereby certifu that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 6th of July 2023,by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBERS:

COUNCILMEMBERS:

COLINCILMEMBERS:

COUNCILMEMBERS:

Rebeca P. Padron, City Clerk
26 For the Meeting of: J,aIy 6,2023
Agenda Item No.:
3-tCrrY oF SINGER

RE,PORT TO THE, CITY COUNCIL
To:

From:

Subject:

Mayor and Councilmembers
David Brletic, Community Development Director
Zoning Ordinance Map Amendment No. 2023-02 and Initiation of Annexation of subject properties and the Somerset Residential Community Project.

Attachments: (A) Ordinance NoJO3-ot ZoningOrdinanceMapAmendmentNo. 2023-02, Exhibit A: Propose d Zoning
(B) ResolutionNoSof,Sj(Jo Initiate Annexation, Exhibit A: Proposed Annexation
(C) PlanningCommissionResolution2023-08
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing and:

1. Waive the full reading and introduce by title only Ordinance No. 202321o an Ordinance of the City Council of the City of Sanger approving Zoning Ordinance Map Amendment No. 2023-02 for the pre-annexation zoning of two parcels from Fresno County's AE-10 (Exclusive Agricultural) to the City's R-l-6 (Single Family Residential District) for two parcels of approximately 28.37 acres generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue; and

2. Adopt Resolution 2923$!ito request the Local Agency Formation Commission (LAFCO) to undertake proceedings for the Annexation of the Somerset Residential Community Project area and surrounding properties into the City of Sanger.

Prepared by: David Brletic Approved by:

REVIEW: City Manager: Finance: City Attorney:

TYPE OF ITEM:

Consent
Informational Item
X Action Item
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Headng
Matter Initiated by a Council Member
Other:

Continued to:
27 EXECUTIVE SUMMARY:

Proposed ZoningOrdinance Map AmendmentNo. 2023-02 Prezones the subject property consistent with the Sanger 2035 General Plan and Initiation of Annexation facilitates development of the Somerset Residential Community Project. Planning Commission Resolution2023-08 recommends approval of the Prezoning and Initiation of Annexation. The City Council previously approved Prezoning of the Somerset Residential Community project site and adopted a Mitigated Negative Declaration for the entire project, at its regular meeting on March 23,2023.

PROJECT BACKGROUND SUMMARY:

The City Council previously approved Prezoning of the Somerset Residential Community project site and adopted a Mitigated Negative Declaration for the entire project, at its regular meeting on March 23,2023.

The Prezone amendment currently before the City Council is for two adjacent parcels not within the Somerset Residential Community project site itself, but which are necessary to facilitate the annexation of the project area. The ZoningMap Amendment proposes to pre-zone two parcels to the R-1-6 zoned district consistent with the existing General Plan designations, which is required for annexation. Initiation of Annexation of the two parcels being Prezoned, as well as the entire Somerset Residential Community project site, is being recommended for approval by the City Council.

The proposed pre-zone amendment impacts two separate parcels, each bordering the Somerset project and required to be included in the annexation of the Somerset project area by the Fresno Local Agency Formation Commission (LAFCO). The parcels in question are not proposed to be developed as part of the project and have been assigned zoning districts based on their existing General Plan Designation.

See below the proposed annexation area with subject parcels hatched. The non-hatched portion within the red line is the Somerset Residential Community project property, which has already been approved for rezoning by the City Council.
28 See below the existing zoning of the two properties, as well as the Somerset Residential Community project afea
YLidt'rsaiu
: VICININMAP
4 4t o* rrri\
ssr4srsNuLMnt
See below the proposed zoning of the two subject properties, as well as the Somerset Residential Community project area
RM-2.5
R-1-6
RM-2.5
ts
RSC
[:,:r' irv'i
h;r1
29 'ilffiffl
I,,-^i'.,i \
urcip,rv um
4/L /l\r' L-/
Required Findings:

All required findings for Zoning Ordinance Map Amendment No. 2023-02 are included Planning Commission Resolution No. 2023-08. The Prezoning is consistent with the goals, objectives, and policies of the Sanger General Plan. Additionally, public necessity, convenience, general welfare, or good zoning practices justify adoption of Zoning Ordinance Map Amendment No. 2023-02. The change is also consistent with the purpose of the Development Code 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. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed residential uses consistent with the General Plan.

Environmental Analysis
The rezones and annexations of the two sites, as well as annexation of the Somerset Residential Community project sites, have already been environmentally assessed by the City. A mitigated negative declaration was adopted by the City Council for the Somerset Residential Community project on May 18, 2023. No further environmental action is required as the rezoning of the two remaining sites comprises a portion of the overall Somerset Residential Community project, and annexation standards also require zoning and annexation of the two project sites along with the Somerset Residential Community project. Additionally, there have been no substantial changes in the project since it was originally assessed, or no substantial new information that was not previously known when the project was originally assessed. No further action under the California Environmental Quality Act (CEQA) is required.

REASON FOR RECOMMENDATION:

Zoning Ordinance Map Amendment No. 2023-02 Prezones the subject property consistent with the Sanger 2035 General Plan and Initiation of Annexation facilitates development of the Somerset Residential Community Project. Planning Commission Resolution2023-08 recommends approval of the Prezoning and Initiation of Annexation.

FISCAL IMPACT:

None known.
30 ALTERNATIVES:

City Council may deny the application for Prezone and Initiation ofAnnexation ofthe Somerset Residential Community Project and subject properties.

ACTIONS FOLLOWING APPROVAL:

If approved, APNs 332-090-01 and332-090-03 will be Prezoned, prior to annexation, rezoning from Fresno County AE-20, Exclusively Agricultural District, to City of Sanger R-1-6, Single-Family Residential district.

City staff will update the Zoning Ordinance Map to reflect the approved changes.

City Council approval also includes adoption of a resolution initiating annexation of the Somerset Residential Community Project area and subject properties, APNs 332-090-01 ,332-090-03,332-090-17 , 332-090-26, and 332-090-27. City staffwill submit an application to Fresno LAFCo requesting approval of annexation. 31 ORDINANCE NO. 2oz3-olo

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING ZONING ORDINANCE MAP AMENDMENT NO. 2023.02
FOR PRE.ANNEXATION ZONING OF TWO PARCELS FROM FRESNO
couNTY's AE-20 (EXCLUSIVE AGRTCULTURE) TO THE CITY'S R-1-6 (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR TWO PARCELS OF APPROXIMATELY 28.37 ACRES GENERALLY LOCATED SOUTH OF E.

NORTH AVENUE, EAST OF S. BETHEL AVE, AND WEST OF S.

GREENWOOD AVE (APNS 332-090-01, AND 332-090-03)
WHEREAS, David Duda (4-Creeks, Inc.), on behalf of property owner Gurkirat S. Toor ("Applicant"), submitted a pre-zoning application, to pre-zone two non-adjacent parcels totaling

28.37 acres generally located south of E. North Avenue, east of S. Bethel Ave, and west of S.

Greenwood Ave (APNs 332-090-01 and 332-090-03); and
WHEREAS' the two parcels are adjacent on separate sides of the Somerset Residential Community project, and zoning and annexation (but not development) of the two project sites is required as part of the Somerset Residential Community project; and WHEREAS, the two parcels currently within the City's Sphere of Influence ("SOI") but outside the City limits; and
WHEREAS, the Sphere of Influence defines those areas the City may annex for future urban development; and
WHEREAS, Fresno County has zoned the Project area for Agriculture (AE-20); and WHEREAS, the Project area is proposed to be annexed into the City limits of Sanger, concurrently with the property subject to Zoning Ordinance Map Amendment No. 2023-01 and thus the two parcels are proposed be pre-zoned to match the proposed land use designations of the 2035 General Plan; and
WHEREAS, Califomia Government Code subdivision 65859 (a) states, a city may pre- zone unincorporated territory to determine the zoning that will apply to that territory upon annexation to that city. The zoning shall become effective at the same time that the annexation becomes effective; and
WHEREAS, the City desires to pursue annexation and a sphere of influence (SOI) and adopt pre-annexation zoning for the Project Area, including the two parcels; and WHEREAS, the Applicant submitted a proposed Zoning Ordinance Map Amendment ("Prezone") No.2023-02,to pre-zone the two parcels to the R-l-6 (Single-family Residential) district, consistent with the General Plan designations for the properties, as well as initiation of annexation of the properties; and
01236.010s/902348.1
32 WHEREAS' pursuant to the authority and criteria contained in the Califomia Environmental Quality Act of 1970 ("CEQA"), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration ("MND"), which has previously been adopted for the Project including the rezoning and annexation of the two parcels; WHEREAS, at its meeting of May 25,2023,the Planning Commission conducted a duly noticed public hearing and recommended the City Council approve an ordinance to adopt pre- annexation zoning for the Project area by adopting Prezone No. 2023-02, andto initiate annexation for the entire Somerset Residential Community project area (previous prezoned per Prezone No. 2023-01) including the two parcels subject to Prezone No. 2023-02.

WHEREAS, the City Council has also conducted a duly noticed public hearing to consider approval of Prezone No. 2023-02, and after all interested parties were given an opportunity to be heard and present evidence, the City Council now desires to adopt Prezone No. 2023-02, and,to initiate annexation for the entire Somerset Residential Community project area including the two parcels.

NOW' THEREFORE, the City Council of the City of Sanger does ordain as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEOA: The City Council finds that a mitigated negative declaration was adopted by the City Council for the Somerset Residential Community project, including the two parcels, on May 18,2023. The MND identified that implementation of the proposed Project would require rezoning of the two parcels and annexation of the two project sites along with the Somerset Residential Community project. This pre-annexation zoningwas included within the scope of the project, and was environmentally assessed in the MND. The pre- annexation zoning does not change the environmental assessment of the MND. Further, the MND was certified on May 18,2023. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 given that since that time no substantial changes have been proposed in the project which will require major revisions of the previously approved MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identihed significant effects.

Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the MND was prepared that the Project will have significant effect not discussed in the MND. As such, the City Council finds Prezone No.2023-02 and the associated annexation of the entire Project area has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section I5l62,and no further action or review is required under CEQA.

3. General Plan Consistency. The City Council hnds that the pre-annexation zbning of both parcels is consistent with the goals, objectives, and policies of the Sanger General Plan. 01236.0105/902348.1
33 The City Council further finds that public necessity, convenience, general welfare, or good zoning practices justify adoption of Zoning Ordinance Map Amendment No. 2023-02.

Specifically, the pre-zoning change is consistent with the General Plan goals and policies, any operative plan, or adopted policy, and implements the planned land uses in the Project area. The change is also consistent with the purpose of the Development Code 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. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City consistent with the General Plan.

4. Approval. The City Council adopts this ordinance approvingZoning Amendment 2023- 02 as set forth in Exhibit "A" to this Ordinance.

5. Severability. 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 of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

6. Effective Date. This Ordinance shall take effect on the thirty-first (31st) day after its adoption.

7. 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 foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on 2023, and was passed and adopted at aregular meeting of the City Council held on 2023, by the following vote AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

COUNCILMEMBERS:

COLINCILMEMBERS:

COLINCILMEMBERS:

COUNCILMEMBERS:
01236.010s/902348.1

APPROVED
34 Rebeca Padron
City Clerk
Frank Gonzalez, Mayor
City of Sanger
ot236.Or0s/902348.1
35 Exhibit A
Zoning Ordinance Map Amendment No. 2023-02 - New Zoning APN 332-090-01: Rezoned from AE-20 to R-1-6.

APN 332-090-03: Rezoned from AE-2}to R-l-6.

R-1-6 R-l-6
.;i'
. j'; '- ,:,; .
!,,i ,-/r:'"..t..:
01236.010s/902348.1
36 RESOLUTION No. 2 o 23-5 (a
A RESOLUTTON OF THE CrTY COUNCTL OF THE CrTy OF SANGER REQUESTTNG THE

LOCAL AGENCY FORMATION COMMISSION TO UNDERTAI(E PROCEEDINGS FOR THE

REORGANIZATION OF THE SOMERSET RESIDENTIAL COMMTJNITY PROJECT AND ASSOCIATED PARCELS (rNrTrATE ANNEXATION)
WHEREAS, the City of Sanger desires to initiate proceedings pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Govemment Code, for the proposed annexation of five (5) parcels (APNs 332-090-017, 332-090-26,332-090-27,332-090-01, AND 332-090-03) as set forth in Exhibit "A" ("Affected Territory");and
WHEREAS, Government Code section 56654 provides that "[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency1," and
WHEREAS, the specific changes of organization requested consists of annexation to the City of Sanger and detachment from the County of Fresno and associated fire protection, irrigation, and other districts; and
WHEREAS, the Affected Tenitory proposed to be changed is uninhabited, and on this day contains _ registered voters, according to information received from the County Elections Office; and WHEREAS, a written description and map of the boundaries of the Affected Territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, this proposal is consistent with the Sphere of Influence of the City of Sanger; and WHEREAS, the City has an agreement with the County of Fresno to comply with Revenue and Tax Code section 99 regarding property tax revenue transfer upon annexation, which agreement includes standards of annexations; and
WHERf,AS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reason for the proposed change is to facilitate the Somerset Residential Community Project to develop a new residential subdivision consistent with the 2035 General Plan; and WHEREAS, the Affected Territory contains 5 unincorporated parcels that encompass 128.7+/- acres within the existing sphere of influence for the City of Sanger, and is generally located south of E.

North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue (see Exhibit A); and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 ("CEQA"), the City, as the Lead Agency, has analyzed the proposed Somerset Residential Community Project, including the reorganization of all Affected Territory, and prepared and adopted a Mitigated Negative Declaration ("MND") for the Project and associated reorganization; and WHEREAS, the Planning Commission has held public hearings and recommended the City Council to initiate proceedings for the reorganization of the Affected Territory as further described in 01 236.01 05/902376.1
37 Exhibit "A" in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000; and
WHEREAS, the City Council has also considered and concurrently adoptedZoningOrdinance Amendment Nos. 2023-01 and2023-02, which collectively approved the various prezone district designations for the Affected Territory, which shall become effective upon annexation to the City; and WHEREAS, all prerequisites for the initiation of proceedings, pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000, have been met; and WHEREAS, after due consideration of all the items before it, the City Council now desires to adopt this Resolution to initiate proceedings for the Affected Tenitory as set forth in Exhibit "A." NOW, THEREFORE. the City Council of the City of Sanger does resolve as follows l. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEOA. The City Council finds that a mitigated negative declaration was adopted by the City Council for the Somerset Residential Community project, including th e reorganization of the Affected Territory, on May 18,2023. The MND identified that implementation of the proposed Project would require rezoning and annexation ofthe Affected Territory. This pre-annexation zoning and reorganization was included within the scope of the project, and was environmentally assessed in the MND. The pre- annexation zoning and reorganization does not change the environmental assessment of the MND.

Further, the MND was certified on May 18,2023. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 given that since that time no substantial changes have been proposed in the project which will require major revisions of the previously approved MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

There is also no new information, which was not known and could not have been known at the time of the MND was prepared that the Project will have significant effect not discussed in the MND. As such, the City Council finds that the prezoning and reorganization of the entire Affected Territory has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the Sanger General Plan.

4. Initiation of Reorganization. The City Council adopts and approves this Resolution of application, and initiates reorganization for the entire Affected Territory including the Somerset Residential Community project. The Local Agency Formation Commission of Fresno County is requested to initiate proceedings for the change of organization of the territory described in Exhibit "A" from the County of Fresno to the City of Sanger in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, including any associated districts such as the Fresno County Fire Protection District, Fresno County Fire Protection District - Community Facilities District Zone2, Kings River Conservation District, and Consolidated Inigation District. The City Council directs the City Manager to take all necessary steps to submit a complete application for the proposed 01 236.01 05/902376.1
38 reorganization, including preparation and submittal of all LAFCO required forms, documents and studies and payment of all required fees, in accordance with any applicable agreement with the County of Fresno governing the same.

5. Effective Date. This Resolution shall take effect and be in full force and effect from and after thirty (30) days after its adoption.
* * * * * :t :t * {. rF rF * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Sanger at a regular meeting thereof held on the 6th day of July 2023 by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

ATTEST: APPROVED:

Rebeca Padron
City Clerk
Exhibit A: Affected Territory to be Reorganized
Frank Gonzales, Mayor
City of Sanger
01236.01 05/902376.1
39 Exhibit A

AFFECTED TERRITORY TO BE REORGANIZED
Legal Description:

That portion of the Northwest quarter of Section 27, Township 14 south, Range 22 East, Mount Diablo
Base and Meridian, in the County of Fresno, State of California, described as follows; Beginning at the Southwest corner of the Northwest quarter of the Northeast quarter of said Section 27, said point also being on the existing City Limit line; Course 1: Thence South 00'1 1'13" West, departing from said City Limit Line and along the East line of said Northwest quarter, 1325.09 feet more or less, to the Center of said Section 27; Course 2: Thence North 89'54'07" West, along the South line of said Northwest quarter, 2612.08 feet more or less, to the West quarter corner of said Section 27; Course 3: Thence North 00'26'04" East, along the West line of said Northwest quarter, 2645.77 feet more or less, to the Northwest quarter corner of said Section 27; Course 4: Thence North 90'00'00' East, along said North line of said Section 27 and Existing City Limit line, 1625.46 feet more or less, to the West line of the East half of the West half of the Northeast quarter of the Northwest quarter of said Section 27; Course 5: Thence South 00'16'55" West, along said West line and Existing City Limit line, 1324.26 feet more or less, to the South line of said Northeast quarter of the Northwest quarter of said Section 27;
Course 6: Thence South 89o57'03'East, along said South line and Existing City Limit line, 977.39 feet more or less, to the Point of Beginning
Consisting of 128.7 acres
01 236.01 05/902376.1
40 Annexation Exhibit:

REORGAN'ZAT'ON NO.2O2

LEGEN D
r il PROFOGEDC YLffITLNE

N EXETIIIG CITY LIIIIT LT'IE
@ cotJffiEr\[J[GER
sm AftEft 128-7 AC. r
500' 0 500'
H, L|NE 0F.SEC"27-IUZI
,EI'I$EiI
*or
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I
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=
H
JUlI
F
vlclNlTY MAP r{rs
I

NORTH AVENUE
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7 LJ
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w- Erntrw'u2
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OF SEC.2l-t'll?z
oFsEc- 27-r4n2
..l.o, o* r* *r,,*o,
I
lrJ
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ARE'{; 128.7 AC,*,
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srcr 27 14 /22
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s- LilE tr Ttf l{r'llJ/4
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CEtllEft SEC, 27-11fZI
POII{T OF BEGIIINING
(gtv coft_ ]'ff laoF
t'lE tt40FsEG?n
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FEORGAI{ZATTOH #'lD 4M{EfAI|ON IO THE C|IY OF $UI0EB AI'IE SETACHIIEHI FEOII TltE KlttlG$ RIIER GOtrlSEEl/ATlOl,J Dl$lElCT, O0i'ISOL|DrATEO IERiO{TIO}IDFTRICI Al{D T}lE FRESIO COt.l'ltY FIRE PROTECToT{ DrSlHgr. r0FI
01236.01 05/902376.1
41 General Description:

The Affected Tenitory is generally comprised of the following parcels I
2 3
4 5
APN
332-090-17
332-090-26
332-090-27
332-090-01
332-090-03
Size (approx.)

80.00 acres

18.41acres
.96 acres

18.68 acres

9.69 acres
Pre-annexation Zoning
R-l-6, RM-2.5, and RSC
R-1-6
R-1-6
R-l-6
R-1-6
01236.0105/902376.'l
42 CITY OF SANGER

PLANNING COMMISSION
RESOLUTIOI\ NO. 2023-08
ZOIYING ORDINANCE MAPAMENDMENT NO. 2023.02

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANGER

RECOMMENDING THE CITY COUNCIL OF THE GITY OF SANGER I) ADOPT PRE-ANNEHTION ZONING BY APPROVING ZONING ORDINANbE UEP
AIUIENDMENT No. 2a23-02; AND il) rNrflATE ANNExATtoN oF THE

SUBJECT PARCELS AND PARCELS ASSOCIATED WTH THE SOMERSET RESIDENTIAL PROJECT GENERALLY LOCATED SOUTH OF E. NORTH AVENUE, EAST OF S. BETHEL AVE, AND WEST OF S. GREENWOOD AVE(ASSESSORS PARCEL NUMBERS 332-090-01 7, 332-090-26, 332-090-27, 332- 090-01, AND 332-090-031
WHEREAS, David Duda (4-Creeks, Inc.), on behalf of property owner Gurkirat S. Toor("Applicant"), submified a pre-zoning application, to pre-zone two non-adjacent parcels totaling 2g.6g acres generally located south of E. North Avenue, east of S. Bethel Ave, and west of-S. GreenwooJAve (ApNs 332-090-01 and 332-090-03); and
WHEREAS, the two parcels are adjacent on separate sides of the Somerset Residential Community project, and zoning and annexation (but not development) of the two project sites is required as part of the Somerset Residential Community project; and
WHEREAS, the two parcels currently within the City's Sphere of Influencs (*SOI") but oulside the City limits;-and
WHEREAS, the Sphere of Influence defines those areas the City may annex for future urban development;and
WIIEREAS, Fresno County has zoned the Projcct area for Agriculture (AE-20); and WHEREAS, the Project area is proposed to be annexed into the City limits of Sangcr and thus the two parcels are proposed be pre-zoned to match the proposed land use designations of th;2035 General Plan; and
WHEREAS, California Government Code subdivision 65859 (a) states, a city may pre-zone unincorporated territory to determine the zoning that will apply to that territory upon annexation to that city. The zoning shall become effective at thc same time thatthe annexation bccbmis effective; a*d WHER-EAS, the City desires to pursue annexation and a sphere of influence (SOI) and adopt pre- annexation zoning for the Project Area, including the two parcels; and WHERf,AS' the Applicant submitted a proposed ZoningOrdinance Map Amendment (..prezone") 0 l 236.0105t889094. I
43 No. 2023-02, to pre-zone the two parcels to the R-l-6 (Single-family Residential) district, consistent with the General Plan designations fcrr the properties, as well as initiation of annexation of the properties; and WHEREAS, pursulnt to the authority and criteria contained in thc California Environmental Quality Act of 1970 ("CEQA"), the City, as the Lead Agency, has analyzed the proposed project and has prepared a Mitigated Negative Declaration ("MND"), which has been adopted foitfre Project including the rezoning and annexation of the two parcels;
WHEREAS' the Planning Commission of the City of Sanger did conduct a duly noticed public hearing in the Council Chambers of the Sanger City Hall in Sanger, California, on May 25, iAZ3,toconsider a recommendation of approval Prezone No. 2023-02 to the City Council, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, after due consideration of all the items before it, the Planning Commission now desires to recommend the City Council approve an ordinance to adopt pre-annexation zining for the project area by adopting Prezone No. 2023-02, and to initiate annexation for thc entire Somerset Residential Community project area including the two parcels.

NOW' THEREFORE' BE IT RESOLVED by the Planning Commission of the City of Sanger as follows:
1 . Recitals. The Planning Commission hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2- CEQA: A mitigated negative declaration was adopted by the City Council for the Somerset Residential Community project, including the two parcels, on May lgih,Z0z3. The rezoning of the two parcels comprises a portion of the project that was originally assessed because annexation standards also require zoning and annexation of the two project sites along with the Somerset Residential Community project. Additionally, there have been no substantiat changes in the project since it was originally assessed, or no substantial new information that was not pieviously Lnown when the project was originally assessed. No further action under the California Environmsntal Qualiry Act (CIiQA) is required.

3. Ceneral Plan Consi$ency. I'he Planning Commission finds that the pre-annexation zoning of both parcels is consistent with the goals, objectives, and policies of the Sanger General plan. ln this regard, the Planning Commission recommends the City Council find that public nccessifr, convenience, general welfare, or good zoning practices justi$r adoption of Zoning Ordinance Map Amendment No. 2023-02. Specifically, the pre-zoning change is consistent with the Generat plan goals and policies, any operative ptan, or adopted policy, and implements the planned land uses in the Project area. The change is also consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable rnanner, and to prorbt" and protect the public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed residential, parks, opcns space, hails, and a recharge basin consistent with the General Plan.

4. Recommendation for Approval. The Planning Commission recommends to the City Council adopt an ordinance adopting prs-annexation zoning for the Project Area as set forth in Exhibit,,A.',

5. Recommendation of Initi3tion of Annexation: The planning recommends the City Council initiate annexation lbr the two subject parcels and the parcels associated with the Somerset Residcntial 0 l 236.0 I 05/889094. r
44 Community project collectively located south of E. North Avenue between S. Greenwood Avenue and S. Bethel Avenue (APNs 332-090-017,332-090-26,332-09A-27,332-090-01, and 332-Og0- 03) as set forth in Exhibit *8."

6. Effective Date. This Resolution shall become effective upon adoption.

I HEREBY CERTIFYthat 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 25tday of May, 2023,by the following vote:

AYES: cFr.AIR KEVIN CARTER, COMMTSSIONER DREW ESQUER,

COMMISSIONER VICTOR ECHEVERRIA, COMMISSIONER

ANTONIO ACUILAR, COMMISSIONER MARY LOPEZ
NOES:

ABSTAIN:

ABSENT:

Dated: May 25,2023
s e c r e tary t loIif ,!,il f,i{,
"
mm i s s i o n
of the City of Sanger
Exhibit A: Zoning ordinance Map Amendment No. 2023-02- proposed Zoning Exhibit Bl Proposed Annexation Area

VICE CFIAIR KEN GARCIA, COMMISSIONER KARI DANISKA
01236,0105/8E9094. I
45 Exhibit A
zoning ordinance Map Amendment No. 2023-02 - proposed Zoning APN 332-090-01: R-l-6
APN 332-090-03: R-l-6
I'
j
?
I
TG
R-1-6
0t236.0105/889094. I
46 Exhibit B
Zoning Ordinance Map Amendment No. 2023-02 - Proposed Annexation Area 0 r 236.0 I 05t889094. I
47 For the Meeting of: July 6,2023
Agenda Item No.: 14- (
CrrYoF SINGER

REPORT TO THE, CITY COUNCIL
To: Mayor and City Council Members
From: Greg Garner, Chief of Police
Subject: Review of Military Equipment Use Policy Ordinance and Receipt of Annual Report Attachments:2022 Annual Military Equipment Use Report
Military Equipment Use Policy Ordinance
Sanger Police Department Military Equipment Policy 709
CONFLICT OF INTEREST:

None known.

RECOMMENDATION: That the City Council review Military Equipment Use Policy, Ordinance, and Annual Report and by minute order affirm the Ordinance and accept the Annual Military Equipment Use Report.

EXECUTM SUMMARY: On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), relating to the use of military equipment by law enforcement agencies.

AB 481 is codif,red at Government Code sections 7070 through7075. To comply with the provisions of AB 481, the City Council (Council) adopted an Ordinance approving the Police Department's Military Equipment Use Policy on April 7,2022. The Policy contains guidelines for the funding, acquisition, or use of military equipment and provides detailed information including definitions, the approval process, community engagement responsibilities, and required reporting.

Government Code section 7072 requires an annual review of the Police Department's Military Equipment Use Policy. Govemment Code section 7071 requires that the Council also review the ordinance itself annually and decide whether to "renew" it. Additionally, Government Code Section 7072 provides that within 30 days of submitting and publicly releasing an annual military equipment report the Police Department shall hold at least one well-publicizedand conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Prepared by: Jason Boust, Commander Approved by:

REVIEW: City Finance: City Attorney: _
TYPE OF ITEM:

ACTION
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO
X Public Headng
Matter Initiated by a Council Member
Other
Continued to:
48 military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. The Annual Report, ordinance, and Policy attached hereto as Exhibits A, B, and C respectively.

BACKGROUND: Assembly Bill481 was enacted January 1,2022 and was approved by the Governor September 30,202I. The City is mandated to comply by adopting an ordinance approving the Police Department's Military Equipment Policy. As part of the approved policy, and AB 481, the Police Dept is required to submit an annual report to the governing body that should include, at a minimum, the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received conceming the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(a) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

As noted above, the Council adopted the required ordinance on April 7 ,2022. This agenda item relates to the annual review and affirmance of the ordinance.

REASON FOR RECOMMENDATION: In order to comply with Section7072 (b) of the ordinance, to maintain transparency and trust with the community, it is the recommendation of the Sanger Police Dept. to hold said public forum. April 7th, 2023 marks the first year of the ordinance and policy being in effect.

FISCAL IMPACT: None at this time.

ALTERNATIVES: Do not hold the public forum and be in violation of AB 481 ACTIONS FOLLOWING APPROVAL: The public forum will take place and the annual report released to the public.
\\nas I \shared\Forms & Templates
49 $ANSER PI|LICE DEPARTMEilT

GREG GARNER, CHIEF OF POLICE
Military Equipment Annual Report
Assembly Bill481 was enacted January I,2022 and was approved by the Governor September 30,2021. The City is mandated to comply by adopting an ordinance approving the Police Department's Military Equipment Policy. On April 7,2022, the City Council conducted a public hearing and both our Ordinance and Policy were adopted as required by AB 481.

It is the City Councils responsibility to ensure our equipment is:
o Necessary and without alternative
o Ensures our equipment is cost effective
o Reviews the policy at least annually
o Ensures our equipment safeguards welfare, safety, civil rights, and liberties All items assist us in achieving at least one of the following objectives:
o Enhancing the tactical advantage of officers.
o Aiding in the rescue of injured community members. Protecting life and property or improving the likelihood that an incident would be resolved without the use of deadly force or other force options.
o Controlling and/or deescalating a violent individual with less likelihood of serious injury to both the subject and the involved officers.

Per Government Code S 7072, our annual report was posted on our website and provided to Council on 4-21-23_The report included the following information:
o A summary of any complaints or concerns received concerning the military equipment. . The results of any internal audits or information about violations of the military equipment use policy. This includes any actions taken in response. o The total annual cost and quantity.
o The quantity possessed for each type of military equipment & forecasted purchases for the following year.
e A summary of how the military equipment was used and the purpose of its use.

First Annual Report
0 complaints, 0 violations, Forecasted purchases-Additional drone(s) to augment unit, Forcasted Cost $3000

SANGER POLICE DEPARTMENT
1700 7rH ST. SANGER, CA 93657
50 The Sanger Police Dept acquired its first Drone in2023. This is our only piece of Military Equipment as described by AB 481.

SANG ER POLICE DEPARTM ENT
LTOO 7TH ST. SANGER, CA 93557
51 SAilGTR P{ILICE DEPARTMEHT

GREG GARNER, CHIEF OF POLICE
Military Equipment Inventory (ast Updated 4-5-23)
Type: DJI Mini 3 Pro
Description:4 rotor remote operated drone (UAS)
Quantity:1
Capabilities
Expected lifespan: 5 yrs
Manufacturer's description :
. Weighs Less than 249 g
. Tri-Directional Obstacle Sensing (Forward/BackwardlDownward) . Record Up to 4Kl60fps Video and 4lV30fps HDR Video
. 34-min Max Flight Time
. True Vertical Shooting
. FocusTrack (ActiveTrack, Spotlight, and Point of lnterest) . MasterShots
. Timelapse
Purpose and authorized uses: To aid Sanger PD in aerial monitoring of suspects, search warrant service, missing persons searches.

Fiscal impact: $1500
Legal and procedural rules Required training: Abide by Part 107 guidelines, Sanger PD SOP, and Policy
Compliance mechanisms: SOP, Dept Policy, Supervisory oversight

SANG ER POLICE DEPARTMENT
LTOO 7TH ST. SANGER, CA 93657
52 Policy
709
Sanger Police Department
Sanger PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code S 7070; Government Code S 7071; Government Code S 7072).
709.1.1 DEFTNTTTONS
Definitions related to this policy include (Government Code $ 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - lncludes but is not limited to the following:
. Unmanned, remotely piloted, powered aerial or ground vehicles. . Mine-resistant ambush-protected (MRAP)vehicles or armored personnel carriers. . High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. . Tracked armored vehicles that provide ballistic protection to their occupants. . Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. . Weaponized aircraft, vessels, or vehicles of any kind. . Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code S 30510 and Penal Code $ 30515, with the exception of standard-issue handguns.
. Any firearm or firearm accessory that is designed to launch explosive projectiles. . Noise-flash diversionary devices and explosive breaching tools. . Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
. TASER@ Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADS).
. Kinetic energy weapons and munitions.
. Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2022101125, All Rights Reserved.

Published with permission by Sanger Police Department
Military Equipment - 1
53 Sanger Police Department
Sanger PD Policy Manual
Military Equipment
709.2 POLTCY
It is the policy of the Sanger Police Department that members of this department comply with the provisions of Government Code S 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) ldentifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Sanger Police Department (Government Code S 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring thatthe report is made available on the departmentwebsite (Government Code S 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Insert attachment here]
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code S 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code $ 7071):

Copyright Lexipol , ILC 2022101125, All Rights Reserved.

Published with permission by Sanger Police Department
Military Equipment - 2
54 Sanger Police Department
Sanger PD Policy Manual
Military Equipment
(a)
(b)
(c)
(d)
(e)
(g)
(f)
Requesting military equipment made available pursuant to 10 USC g 2576a.

Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, orfederalfunds, in-kind donations, or other donations or transfers.

Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code S 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code S 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITYENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Copyright Lexipol, LLC 2022101125, All Rights Reserved.

Published with permission by Sanger Police Department
Military Equipment - 3
55