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Service Provider performs work under this Agreement
6. Insurance and Indemnity.
6.1. Indemnification and Waivers. Service Provider shall indemnifi, defend, and hold harmless the City, its offrcers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Service Provider's performance of its obligations under this agreement or out of the operations conducted by Service Provider, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made aparty to any action, lawsuit, or other adversarial proceeding arising from Service Provider's performance of this agreement, the Service Provider shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
6.2. Insurance. During the term of this Agreement, Service Provider shall maintain, keep in force and pay allpremiums required to maintain and keep in force liability and property damage insurance. The limits of such policy shall be as required by the City of Sanger. A copy of the City's requirements for such insurance coverage is attached hereto as EXHIBIT B.
7. Termination.
7.1 This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Service Provider shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorizedin writing by the City representative to wind up the work performed to date oftermination.
7.2 City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:
An illegal use of funds by Service Provider;
A failure by Service Provider to comply with any material term of this Agreement;
A substantially incorrect or incomplete report submitted by Service Provider to City.
In no event shall any payment by City or acceptance by Service Provider constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Service Provider the repayment to City of any funds disbursed to Service Provider under this Agreement which, as determined by the appropriate court or arbitrator, a.
b.
c.
278
were not expended in accordance with the terms of this Agreement.
All notices shall be mailed to the City:
City of Sanger
Public Works
1700 7th Street
Sanger, CA93657
To Service Provider:
California Boiler
Nathan Merriweather
7341 West Goshen Avenue
Visalia, CA 93291
8. Compliance with Laws.
8.1 Laws Incorporated by Reference. Service Provider will comply with all applicable federal, state, and local laws in performing this Agreement. The full text of the laws listed in this Section, including enforcement and penalty provisions, are incorporated by reference into this Agreement. Service Provider represents and warrants to the City that it has and will keep in effect during the term of this Agreement all licenses (including but not limited to, the City Sanger business license), permits, and approval of whatever nature which are legally required to perform Service Provider's services.
8.2 Prevailing Wages. Service Provider shall comply with State of California prevailing wages laws.
8.3 Conflict of Interest. By executing this Agreement, Service Provider certifies that it does not know of any fact which constitutes a violation of Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notifr the City if it becomes aware of any such fact during the term of this Agreement.
8.4 Proprietary Information. In the performance of Services, Service Provider may have access to City's proprietary or confidential information, the disclosure of which to third parties may damage City. If City discloses proprietary or confidential information to Service Provider, such information must be held by Service Provider in confidence and used only in performing the Agreement. Service Provider shall exercise the same standard of care to protect such information as a reasonably prudent Service Provider would use to protect its own proprietary or confidential information.
8.5 Nondiscrimination Requirements. Service Provider shall comply with all state and federal laws in the administration of this Agreement.
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8.6 and -Free City reserves the right to deny access to, or require Service Provider to remove from, City facilities personnel of any Service Provider or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City's ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re-entry of any such person previously denied access to, or removed from, City facilities. Illegal drug activity means possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverages, or being under the influence of alcohol.
8.7 Public Records Act. Contractor acknowledges that this Agreement and all records related to its formation, Contractor's performance of services, and City's payment are subject to the California Public Records Act, (Califomia Government Code $6250 et seq.). Such records are suhject to public inspection and copying rrnless exempt from disclosure under federal, state, or local law.
9. GENERAL PROVISIONS
9.I Notices. All notices and communications from the Service Provider shall be to Public Works Operations Manager. All written notices shall be provided and addressed as indicated above.
9.2 Assignment. Neither the City nor the Service Provider will assign its interest in this Agreement without the written consent of the other.
9.3 Entire Agreement. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written provisions. Any changes to this Agreement requested by either City or Service Provider may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such a writing.
9.4 Attornev's Fees. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorney's fees to the successful party in an amount to be fixed by the Court.
9.5 Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under this Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
10. Goveming Law Jurisdiction. Venue. The formation, interpretation, and performance of this Agreement shall be governed by the laws ofthe State of California. Venue for all litigation relative to the formation, interpretation, and performance of this Agreement shall be in the County of Fresno.
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1 1. Waiver. In the event that either party waives any breach of this Agreement, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other term, condition, or obligation.
12. Severability Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to the effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
13. Countemarts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. This Agreement shall be effective upon transmission by any Party to the other parties of a fully signed facsimile copy of the Agreement after the formal approval by the governing body of the City. In case of any conflict, the counterpart maintained by the City shall be deemed to be determinative.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SANGER SERVICE PROVIDER
By:
Greg Garner, Acting City Manager
Date
ATTEST
By:
Becky Padron, City Clerk
APPROVED AS TO FORM:
By
Date:
By
Hilda Cantri Montoy, City Attorney
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EXHIBIT A
282
EXHIBIT B
Insurance Requirements for Contractors
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
' $2,000,000 General Liability (including operations, products and completed operations) per occulrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 0l.General liability policies shall be endorsed using ISO forms CG 20 l0 and CG 20 37 to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
' $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
I Worker's Compensation as required by the State of California and $1,000,000 Employer's Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, it's officers, agents, employees, and volunteers.
Maintenance of Coverage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Ex.B-Pagelof2
283
Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best's Key Rating Guide.
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City. nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.
Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or noffenewal of coverage for each required coverage.
Se lf- i ns ur e d Re t ent ions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.
Self-insurance will not be considered to comply with these specifications unless approved by the City's Risk Manager.
Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
Ex.B-Page2of2
284
Fot the Meeting of: September 7,2023
Agenda Item No.
CrrYoF SINGER
RE,PORT TO THtr, CIry COUNCIL
Q+
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Authorization to Advertise for Bids
Well 19 Drilling & Development
Attachment:
1. Resolutions No.2022-89 and 2022-90
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council provide direction to Staff to advertise for bids a project to drill and develop Well l9 prior to the final approval of a funding agreement with the State Water Resources Control Board Division of Financial Assistance (DFA)
EXECUTIVE SUMMARY:
The test well for Well 19 has been completed and a production well has been recommended by the hydrogeologist consultant. Staff has prepared the plans and specifications for the drilling and development of the production well, but DFA has not issued the final funding agreement. Staff recommends continuing with the project while the terms of the agreement are coordinated so as not to hold up the project.
BACKGROUND:
At its regular meeting on November 3,2022, the City Council adopted Resolutions No. 2022-89 and 2022-90 (attached), which:
Prepared by: Toshua Rosers Apptoved by:
REVIEW: City Manage r, 4{Z Finance: Ciry Attorneyi _
TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Depaftment Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
285
L Authorized the City Manager to sign and submit a Financial Assistance Application to the State Water Resources Control Board for the design and construction of the City of Sanger New Water Well Project (Authorizing Resolution); and
2. Designated the amount of project expenditures to be reimbursed by the State Water Resources Control Board for the design and construction of the City of Sanger New Water Well Project (Reimbursement Resolution).
The well project in question is Well 19, which is proposed to be located within the limits of Tract 6327, Phase II of Tract 5826, the subdivision currently being developed by DR Horton on the southwest corner of North and Greenwood Avenues. The test well has been completed and the recommendation from the hydrogeologist consultant is to drill and develop a production well at this site. The test well was funded by the City, but the production well and all site improvements (pump, motor, electrical, site improvements, etc.) are planned to be funded by a combination grant and no-interest loan through the State Water Board's Drinking Water State Revolving Fund. The amount of project expenditures authorized for reimbursement under Resolution No.2022-90 was $4,850,000.
At this time, the funding application process has bccn complctcd, thc cnvironmcntal clcarancc has bccn finalized, and the project funding is in the legal consultation phase, wherein the City's financial condition is being reviewed by DFA prior to the preparation of the project funding agreement. It is anticipated that this process could take several months to complete prior to the execution of a final agreement. DFA has indicated that all eligible expenditures for the project (i.e. those expenditures that are consistent with the scope of the Preliminary Engineering Report, funding application and environmental document submitted by the City for the project, will be reimbursable under the agreement once it is in place. The downside to continuing with the project is that, if the City could not come to funding terms with DFA and did not enter into an agreement, then it would be responsible for paying the costs associated with any work on Well 19.
It is Staff s opinion that the risk is low, because the City will want to accommodate any financial terms associated with DFA's offer of almost $5 million in grant and no-interest loan. Because the well site is in an active subdivision which is nearing approval of the final tract map, and because of the proximity of the well site to future home sites and the ability to complete the drilling now while the surrounding property is still vacant, and because Staff is working to expedite the development of additional water supply for the City, Staff recommends that the Council provide direction to Staff to begin advertisement for bids for the drilling and development of Well 19, even though the final funding agreement has not been executed by the City and State.
REASON FOR RECOMMENDATION:
There are several reasons for Staff s recommendation:
1. The State has indicated that it intends to fund the project, subject to agreed-upon financial terms which have yet to be presented, but which are anticipated to be consistent with the typical requirements of their Drinking Water State Revolving Fund progam;
2. The City is in need of additional water supply;
3. Waiting for an approved funding agreement could delay the project by many months, potentially half a year;
4. Drilling the well in the near future would avoid some of the major noise and construction impacts associated with this work to the future homes in the Tract 6327 subdivision. \\nas l\shared\Forms & Templates
286
5. Based on prior experience, well drilling contractors are in very high demand and even if advertisement is completed in short order, it may be several months before a contractor is available to start on the work.
FISCAL IMPACT:
It is anticipated that the drilling and development phase of the project will cost approximately $900,000. If the funding agreement is ultimately approved, this amount would be reimbursed by grant and/or zero- interest loan proceeds. If the funding agreement is ultimately not approved, the City would have to fi.rnd this work from its local revenue sources.
ALTERNATIVES:
The City Council can elect not to provide the recommended direction and Staff will await the execution of the funding agreement from the State.
ACTIONS FOLLOWING APPROVAL:
Staff will complete the bid documents and advertise the project for bids. Once bids are opened and the lowest responsive and responsible bidder is determined, Staff will bring an item back to the Council for award of contract. At that time, the decision on whether or not to award a contract will be at the sole discretion of the City Council.
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287
ATTACHME,NT 1
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288
AUTHORIZING RESOLUTION
RESOLUTION NO: 2022-8e
WHEREAS The Citv of Sanoer desirss to aoolv for a fundino for a new water well. now be it herebv ( i nse rt appropriate find ings)
RESOLVED BY THE clw couNcn OF THE
(insert name of Governing Board of the Entity)
CIry OF SANGER (the "Entity"), AS FOLLOWS
(insert Entity name)
The CITY MANAGER (the "Authorized Representative") or designee is (insert Title of Authorized Representative)
hereby authorized and directed to sign and file, for and on behalf of the Entity, a FinancialAssistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of Clry OF SANGER NEWWATER WELL PROJECT (the "Project"). (inscrt Projact Name)
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the .qANGtrR (:IT\/ UNCIL held
on NovEMqER3.2022
.l\ l)
.ilP. Ramirez, City Glerk
SEAL
289
REIMBURSEMENT RESOLUTION
Resolution No. 2022-9A
WHEREAS, the CITY OF R (lhe'Agency") desires to finance the costs of (Agency Name)
constructing and/or reconstructing certain public facilities and improvements relating to ils water system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Conhol Board (State Water Board); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of lhe Agency; and
WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
SECTION 2. The reasonably expected maximum principal amounl of the Projec-t Funds is $_ 4.'_850-0QB*Q-Q*.
SECTION 3. This resolution is being adopted no later than 60 days after the date on which lhe Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
SECTION 4. Each Agency expenditure will ba of a type properly chargeable to a capital account under general federal income tax principles.
SECTION 5. To the bast of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a malter of course for the purpose of reimbursing expenditures and for which tax- exempt obligations have not been issued.
SECTION 6. This resolution is adopted as official intent of the Agancy in order to comply with Treasury Regulation
51.150-2 and any olher regulations of the lnternal Revenue Service relating to the qualification for reimburssment of Project costs.
SECTION 7. Allthe recitals in this Resolution are true and corrsct and this Agency so finds, determines and represents.
AYES: ONTIVEROS, MARTINEZ, GAMA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the SANGFR Clry eor rNeil herd on NoVEMBER 3. ?022 .
P. Ramirez, City Clerk
SEAL
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For the Meeting of: September7,2023
Agenda Item No.:
CrrY oF SINGER
RE,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and Councilmembers
Hilda Montoy, City Attorney
Interim City Manager Appointment and Approval of Agreement for Employment of Interim City Manager
Attachments: Resolution No. 2o2 3-51
Agreement for Employment of Interim City Manager
Police Chief Letter of Understanding (Agreement)
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council consider approval of Resolution No/p,llgl Appointing Greg Garner to the Position of Interim City Manager and approving an Agreement for Employment Establishing Compensation and Other Terms and Conditions In Connection with Said Appointment.
EXECUTIVE SUMMARY:
Adoption of the proposed resolution approves the at-will agreement for the appointment of Police Chief Greg Garner as Interim City Manager effective September 9,2023, through February 8,2024. Under the proposed Agreement, Chief Garner will concurrently serve and exercise all powers and perform all duties of both the Interim City Manager and Police Chief positions. Other than an increase in compensation in the amount of $1,167.00 above his current monthly compensation of $l1,243.00, all other benefits remain the same.
BACKGROUND:
City Manager Tim Chapa submitted his resignation effective September 8,2023, and took vacation from July 13 through September 8. Mr. Chapa appointed Police Chief Greg Garner as Acting City Manager Ptepated by: Apptoved by:
REVIEW: City Manager: (t{^ Finance: City Attorney:
TYPE OF ITEM:
X
X
Consent
Informational Item
Action Item
Depattment Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
Matter Initiated by a Council Membet
Other:
Continued to:
291
during his absence while on vacation. The Council approved the Acting City Manager appointment on August 17 ,2023. The Council wishes Chief Garner to continue to provide the services of a City Manager as Interim City Manager for a period of five months or until a regular City Manager is appointed.
BROWN ACT ANNOUNCEMENT:
The Brown Act Requires that prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. See Government Code $54953 (cX3).A summary of the Agreement is described in this Staff Report per the text that is required to be read out loud by the Mayor or other designated Council Member at the Council Meeting.
Following Announcement to be read by Mayor or Other Designated Council Member - As required by the Brown Act (Government Code $ 54953 (c) (3)), prior to taking action on this item, the Council must publicly announce a summary of the action being considered.
If adopted, the proposed resolution will approve the At-Will Agreement for Employment of Interim City Manager with Greg Garner as follows:
o Term: September 9,2023 through February 8,2024.
o Compensation: The total compensation for all work or services called for under this Agreement shall be One Thousand One Hundred and Sixty-Seven Dollars ($1,167.00) above Employee's current monthly compensation of Eleven Thousand Two Hundred and Forty- Three Dollars ($ll ,243 .00) as Police Chief as of Septemb er 9 , 2023 . o All other salary and benefits existing as of the Effective Date ofthis Agreement shall remain the same in accordance with Greg Garner's Police Chief Letter of Understanding (Police Chief Agreement) which is attached to the Agreement for Employment as Interim City Manager.
o The Police Chief Agreement provides:
Enrollment as member of the CAL P.E.R.S. Retirement System as a "new member" (2.7% at 57 Plan).
The same long term disability, health, dental, life, and optical insurance coverage and benefits as are provided other management employees of the City.
HealthCare Coverage upon Retirement at the retiring employee's cost, including dependent coverage.
Automobile. City provides a City-owned vehicle for Garner's use in performance of his duties as Chief of Police.
REASON FOR RECOMMENDATION:
City Manager Chapa's resignation is effective September 8,2023 at which time the appointment of Chief Garner as Acting City Manager will end.
FISCAL IMPACT:
No fiscal impact is anticipated since the position of City Manager will be vacant. The agreement provides I
292
for an increase of $1,167.00 above Chief Garner's curent monthly compensation of $11,243.00 effective on September 9, 2023. All other benefits and compensation in his position as Police Chief remain the same.
ALTERNATIVES:
Not approve the Agreement and provide further direction.
ACTIONS F'OLLOWING APPROVAL:
If approved, the Mayor will execute the Agreement between the City of Sanger and Greg Garner for the services of Interim City Manager.
293
RESOLUTION NO. o2 -5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
APPOINTING GREG GARNER TO THE POSITION OF INTERIM CITY
MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT
ESTABLISHING COMPENSATION AND OTHER TERMS AND
CONDITIONS IN CONNECTION WITH SAID APPOINTMENT
WHEREAS, the City of Sanger shall at all times have a City Manager; and WHEREAS, the Sanger Municipal Code provides for the appointment of the City Manager by the City Council; and
WHEREAS, City Manager Tim Chapa has resigned effective September 8,2023; and WHEREAS, the City has engaged a recruitment firm for selection of a permanent City Manager and the recruitment process has commenced; and
WHEREAS, the City Council desires to make an appointment to the position of Interim City Manager to fill the position until a permanent City Manager is selected and assumes that office; and
WHEREAS, Greg Garner has been serving as Acting City Manager since July 13, 2023; WHEREAS, the City Council now desires to appoint Greg Garner as Interim City Manager for the City of Sanger in accordance with an Agreement for Employment of Interim City Manager ('oAgreement") attached as Exhibit A to this Resolution and incorporated by reference; and
WHEREAS, Greg Garner desires to accept the appointment to the position of Interim City Manager in accordance with the Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANGER
HEREBY RESOLVES AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated by reference.
Section 2. The Agreement for Employment of Interim City Manager ("Agreement") between the City and Greg Garner is attached as Exhibit A and is approved.
Section 3. Per the Agreement, Greg Garner is appointed to the position of Interim City Manager effective September 9, 2023.
and
294
Section 4. The total compensation for all work and services called for under the Agreement is One Thousand One Hundred and Sixty-Seven Dollars ($1,167.00) above Greg Garner's current monthly compensation as Police Chief of Eleven Thousand Two Hundred and Forty-Three Dollars ($l1,243.00). This compensation amount is within the parameters of the Salary Schedule for the position of City Manager.
Section 5. All other benefits for the position of Interim City Manager shall be as provided for in Greg Garner's Employment Agreement as Police Chief.
Section 6. This Resolution shall take effect immediately upon adoption. !& * *. * * * *,l. rt * * :1. * *,S {. !t
The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 7th day of September 2023, and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Rebeca Padron, City Clerk
295
EXHIBIT A TO RESOLUTION
CITY OF SANGER
AGREEMENT FOR EMPLOYMENT OF INTERIM CITY MANAGER
This AGREEMENT FOR EMPLOYMENT OF INTERIM CITY MANAGER
("Agreement") is effective the 9th day of September, 2023, by and between the CITY OF SANGER, a municipal corporation ("City") and Greg Garner, an individual ("Greg Garner" or "Employee").
RECI TALS
WHEREAS, the City's position of permanent City Manager will be vacant commencing on September 9, 2023; and
WHEREAS, the City has begun the process of an active recruitment process to hire a permanent City Manager; and
WHEREAS, the City is in need of an Interim City Manager pending hiring of a permanent City Manager; and
WHEREAS, Employee has served as the Chief of Police for City since August 11,2020 and is currently serving as Acting City Manager for City; and WHEREAS, it is the intent of City and Employee for Employee to serve as Interim City Manager until the City appoints a permanent City Manager; and WHEREAS, prior to the Effective Date, Employee was employed by the City as its Chief of Police and entitled to certain benefits in accordance with the terms and conditions of that certain Chief of Police Letter of Understanding between the Chief of Police and the City, dated August 17, 2020, attached as Exhibit A-1 to this Agreement (hereafter referenced as "Chief of Police Agreement"); and
WHEREAS, it is the intent of the City and Employee that this Agreement shall not in itself affect Employee's appointment as the Chief of Police, and that neither the expiration of this Agreement, nor the appointment of another to serve as City Manager, shall otherwise affect Employee's position as the Chief of Police under his current Chief of Police Agreement; and WHEREAS, Employee has previously served as an Interim City Manager, as well as the Acting City Manager with the City in the absence or unavailability of the City Manager, and possesses the skills and knowledge necessary to perform the duties of Interim City Manager; and WHEREAS, Employee desires to temporarily perform and assume responsibility for the provisions of City Manager services to the City and its related agencies as the Interim City Manager; and, except as provided hereinafter, upon the conclusion of his services as Interim City Manager, he shall return to the performance of his duties as the Chief of Police in accordance with 1 296
the Chief of Police Agreement earning the same compensation and enjoying the same benefits as he would be entitled to under said agreement; and
WHEREAS, during the effective period of this Agreement, the parties desire Employee to continue to receive the same benefits and salary that he would normally receive under the Chief of Police Agreement, except as specifically modified herein; and WHEREAS, the parties wish to establish the terms and conditions of Employee's services as the Interim City Manager to the City and its related agencies through this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, City and Employee mutually agree as follows:
AGREEMENT
l. SCOPE OF WORK AND OTHER REOUIREMENTS. Employee has served as the Chief of Police for City since August 17 ,2020. It is understood that upon commencement of his employment as Acting, and then Interim City Manager, Employee shall act concurrently and exercise all powers and perform all duties of both the Interim City Manager and Chief of Police.
As Chief of Police, Employee shall continue in his activities and duties. As Interim City Manager, Employee agrees to exercise the powers and perform the duties set forth in the Sanger City Code at Section 2.86 et seq. As Chief of Police, Employee may appoint a subordinate officer as Acting Chief of Police if he determines that it is necessary to do so at any time.
2. CONTINUANCE OF DUTIES. Except as expressly noted herein, this Agreement shall not in itself affect Employee's appointment as the Chief of Police, and neither the expiration of this Agreement, nor the appointment of another to serye as City Manager, shall otherwise affect Employee's position as the Chief of Police.
3. NATURE OF EMPLOYMENT. Employee acknowledges that as Interim City Manager/Police Chief, he continues to be an at-will Employee of City who shall serve in the capacity of Interim City Manager at the pleasure of the City Council at all times during the period of employment. Except for the anti-discrimination rules and unlawful harassment rules, the terms of City's personnel rules, policies procedures, ordinances, or resolutions (collectively "Personnel Policies") shall not apply to Employee unless made expressly applicable to Employee.
Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee as Interim City Manager subject only to the provisions in this Agreement.
Nothing in this Agreement is intended to or confers upon Employee any right to a property interest in continued employment as Interim City Manager/Chief of Police, or any due process property right to a hearing before or after a decision by the City Council to terminate his employment as Interim City Manager. However, as a California Peace Officer, in his capacity as Chief of Police only, Employee remains entitled to rights conferred under the California Public Safety Ofhcers Procedural Bill of Rights Act beginning at California Government Code Section 2 297
3300-3312.
Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee as Interim City Manager subject only to the provisions in this Agreement.
This Interim City Manager position shall have no effect on Employee's original hire date or seniority.
4. COMPENSATION. The total compensation for all work or services called for under this Agreement shall be One Thousand One Hundred and Sixty-Seven Dollars ($1,167.00) above Employee's current monthly compensation of Eleven Thousand Two Hundred and Forty- Three Dollars ($ I 1 ,243.00) as of September 9, 2023 .
This dual position of Interim City Manager/Police Chief is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.
5. SEVERANCE. Employee shall not be entitled to severance or any additional compensation under this Agreement upon termination of this Agreement by resignation, appointment of another City Manager, or for any other reason.
6. EMPLOYEE BENEFITS. Employee shall receive those benefits set forth in the Police Chief Agreement (attached hereto and incorporated herein by reference) or as it may be updated from time to time except as forth in paragraph 4 above. For retirement purposes the parties shall comply with applicable CaIPERS rules and regulations and Employee shall continue to be a member of the Public Safety Retirement System during the term of this Interim City Manager Agreement.
7. TERM AND TERMINATION. This Agreement shall be in effect September 9, 2023, and shall continue five (5) months, at which time the parties may extend this Agreement by written amendment until another City Manager (permanent or otherwise) is appointed by the City Council and actually commences work for the City, unless terminated as set forth below. a. Resisnation. Employee may elect to resign as Interim City Manager at any time during the term of this Agreement.
b. Termination "Without Cause." City reserves the right to terminate this Agreement and Employee's employment as Interim City Manager at any time "without cause".
8. BONDS AND INDEMNIFICATION
a. Indemnihcation. City shall defend, hold harmless and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this J
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Agreement, or any other intentional or malicious conduct or gross negligence of Employee. b. Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee's services under this Agreement.
9. GENERAL PROVISIONS
a. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect Employee's employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.
b. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval.
c. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:
To City:
City of Sanger
1700 7th Street
Sanger, Clt93657
To Interim City Manager:
Greg Garner
Address on file with City Human Relations Department
Notices shall be deemed given as ofthe date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. d. Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.
e. Effect of Waiver. The failure of either party to insist on strict compliance with any of the tems, covenants, or conditions of this Agreement by the other party shall not be 4 299
deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at arry one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
f. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. g. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.
h. Government Code 8 53243 - s3243.4 . Assembly Bill 1344, which was subsequently enacted as Government Code $$ 53243 - 53243.4, sought to a means to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its Employees include provisions requiring an Employee who is convicted of a crime involving an abuse of his offtce or position to provide reimbursement to the local agency. Accordingly, the parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
553243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
$53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
553243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
553243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
553243.4. "Abuse of office or position" dehned
Employee represents that he has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to her, including that he agrees that any cash settlement related to the terms of this Agreement involving compensation for termination that he may receive from the City shall be fully reimbursed to the local agency if he is convicted of a crime involving an abuse of his office or position. i. Independent Leeal Advice. City and Employee represent and warrant to each other that each has received, or had the opportunity to have received, legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement and, City 5 300
and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as follows:
CITY EMPLOYEE
Frank Gonzalez,Mayor Greg Garner
Date: Date:
ATTEST:
By:
Rebeca Padron, City Clerk
APPROVED AS TO FORM:
By:
Hilda Cantri Montoy, City Attorney
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CHIEF OF POLICE LETTER OF UNDERSTANDING
This Lefter of Understanding ('LO[J") sets forth the City's employment offer terms and condi- tions to Greg Gamer ("Gamer") and his acceptance.
1 . Employment. Gamer begins his employment with the City as the Chief of Police effective Au gust 17, 202A. Garner will be an at-will employee serving at the pleasure of the City Manager subject to the terms and condifions set forth below. Employment shall continue until terminated by either party with or without cause. Except for applicable provisions of Federal laws, State laws, City ordinances and administrative rules, regulations, policies, and procedures, the terms and condifions of this LOU shall be the sole goveming document for Garner's employment with the City.
2. SaIary and Evaluations, Garner's base salary shall be $9,137 per month or 9109,6114 per an- num prior to deductions. In addition to base salary, Garner will receive a stipend equal to 5% of his base salary for advanced educatiory and a $1,000 uniform allowance per.mnum. The City Manager may consider an adjustment to said salary and/or otherbenefits for Gamer in such amounts and to such extent as the Cify Manager may determine is desirable, on the following basis:
(a) Aperformance evaluation shall be conducted annually each yeaq, or more often as may be requested by the City Manager or Gamer. It shall be Gamer's responsibility to schedule these evaluations. With each subsequent annual evaluatiorl the City Manager may award a new step raise upon an overall finding of "exceeds standards" at such evaluation. Any step raise re- ceived shall be paid to Garner in equal installments as part of his regular pay immediately follow- ing the annual evaluation. At no point will the step raise exceed the salary range for the position of Chief of Police. The base salary above teflects the current top step of the salary range for the posi- tion.
(b) Merit Pay. In the case where the Chief of Police has reached the top step of the sala- ry range, and receives a subsequent annual evaluation of "exceeds standards", he shall be eligible to teceive a merit raise to his then-base salary (top of the range) after such evaluation. The merit raise receive d, if. any, shall be paid to Gamer in equal installments as part of his regular pay during the subsequent twelve (12) months, after which it shall expire whereupon Garner's salary shall re- vert back to his prior salary (top of the range), unless an additional merit raise is awarded with subsequent evaluations.
(c) Failure to evaluate shall have no effect on the rights, duties, and obligations of the City or Garner nor shall it create any new rights, duties, and obligations. Upon termination of Gamer's employment with the City, Gamer shall not be entitled to receive the unpaid portion of any merit raise.
3' Duties. Gamer shall have the powers and shall perform the functions and duties specified in applicable City Ordinances and Administrative Rules and Regulations as the same presently -1-
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exist or may hereafter be amended or adopted, and perform other legally permissible and proper duties and functions consistent with the Chief of Police position (as provided in the Chief of Police job description, incorporated herein by this reference), including other duties as City Manager shall from time to time assign.
4. Health, Retirement, and Other Benefits. During his employment, the City shall enroll Gatner as a member of the P.E.R.S. Retirement System as a "new member" (2.7% at57 plan). City shall provide Gamer with the same long term disability, health, dental, life, and optical insurance coverage and benefifs as are provided other management employees of the City. Garner shall par- ticipate in any modifications, reductions or cost saving measures with respect to health, retirement and other benefits (excluding salary) that may become effective for management employees of the City after the Effective Date of Garner's employment.
(a) Health Cate Plan. A health care plan shall be provided to Garner and shall include medical, dental, optical and prescription coverage.
Coverage shall extend to his eligible dependents, if any, at a cost of g45.00 per month. The City agrees to reimburse employees a fixed amount, as shown below, ifthe employee's eligible de- pendents, if any, opt-out of the City's HMO or PPO plan:
Employee & Spouse
Employee & Children
Employee & Family
$197.24 per month
$149.17 per month
$338.12 per month
To receive the above reimbursement, the employee must show proof that the eligible depend- ents are covered on a non-City plan. Employees will be required to show proof on an annual basis.
(b) Long Term Disability Insutance. City shall provide and pay for a long-tenn disa- bility insurance plan for Gamer.
(c) Short Tenn Disability Insurance. City shall provide and pay for a short-term disa- bility insurance plan for Gamer.
(d) Life Insurance. City shall pay for a life insurance plan providing $10Q000 of term life insurance to Gamer.
(e) CaIPERS Contribution. During employment with the City, Gamer shall be a New Member as defined by CaIPERS and shall be enrolled inthe2.7%at 57 CaIPERS benefit formula, Garner shall be responsible for paying the full member contribution of the public safety employee portion of the CaIPERS payment, which shall be 50% of the normal cost rate, currently at13% of reportable compensation.
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(D HealthCare Coverage upon Retirement. Employees retiring from City service in good standing under a PERS service retirement (non-disability) may elect to continue cover- age under the City's Health Plan at the retiring employee's cost, including dependent coverage.
Said coverage shall continue until such retired employee becomes eligible for Medicare bene- fits. A retired employee will not have the right to exercise the opt-out option described above in paragraph 4(a).
5. Automobile. City shall provide a City-owned vehicle for Garner's use in performance of his duties as Chief of Police, including travel to and from work. City shall pay all fuel, maintenance and insurance costs for Gamer's use of such vehicle.
If Garner uses his personal vehicle in or for City business, he shall be entitled to reim- bursement for such use at the then-current Internal Revenue Service-approved mileage rate. Fur- ther, Gamer agrees to keep current and active liability insurance on any vehicle he uses in or for City business.
6. Expense Reimbursement. City shall reimburse Gamer for actual and necessary expenses incurred within the scope of employment in accordance with City's reimbursement schedules and policies.
7. Vacatio& Sick Leave, Administrative Leave, and Holidays. Garner shall earn vacation time, sick leave, administrative leave, and holiday leave as follows and shall be subject to applica- ble City ordinances, resolutions, rules and policies pertaining to accrual and use of vacation time, sick leave, administrative leave, and holiday leave by management employees as the same current- ly exist and may hereinafter be modified.
(a) Vacation. Gamer shall eam vacation leave calculated at the following rates based upon the length of his employment with the City.
0-2 years with the City = 3.08 hours per pay period.
2-5 years with the City - 4.31 hours per pay period.
5-10 year with the City = 6.1552 hours per pay period.
10-15 years with the City = 7.093 hours per pay period. 15-20 years with the City: 8,0124hours per pay period.
20+ years with the Cify = 8.62 hours per pay period.
Accrual of unused vacation leave may not exceed the accrual limit of 240 hours, and no ad- ditional hours of vacation leave may be accrued until the number of accrued hours falls below the accrual limit. Each calendar yea4 Garner may cash out up to forty (40) hours of unused vacation leave while maintaining a balance of at least eighty (S0) hours. Upon retirement any accrued vaca- tion shall be paid to the employee. Garner's prior full-time municipalexperience is recognized and acknowledged such that Garner will begin accruing vacation in the 10-15 year range above. Gamer -3-
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shall be eligible to move to the 15-20 year accrual category two (2) years after the Effective Start Date.
(b) Sick Leave. Garner shall eam sick leave equal to 8 hours per month (3.6924hours per pay period) with no limit on the number of hours accrued. (c) Administrative Leave. Gamer shall earn 72 hours of Administrative Leave each fis- cal year. Administrative Leave not used by the end of the fiscal year is lost.It shall notbe compen- sated, purchased or converted to any other form of compensation or leave. Accrual for FY 20-21 will be prorated at the Effective Start Date,
(d) Holidays. The City currently recognizesthe followingholidays and Garnershall be entitled to 8 hours of holiday leave time for each such holiday; (i)
(ii)
(iii)
(iv)
(")
(vi)
("ii)
(viii)
(i*)
(x)
(xi)
(xii)
New Year's Day;
Martin Luther King, ]r.'s Birthday;
President's Day;
Caesar Chavez Day;
Memorial Day;
Independence Day;
Labor Day;
Veterans'Day;
Thanksgiving Day;
Day after Thanksgiving;
Christmas; and
one floating holiday
(e) Bereavement Leave. Garner shall be entitled to bereavement leave without loss of Pay or charge against any other paid leave benefit, up to a maximum of forty (40) working hours for death in the immediate family. Immediate family means spouse, father, mother, step-father, step-mother, sory daughter, sister, brother, father-in-1aw, mother-in-law, daughter-in-law son-in- law, sister-in-law, brother-in-law grandparenf grandchild, aunt, uncle, niece, nephew, registered domestic partner, guardian, or ward.
8. Termination and Severance Pay. Subject to the provisions in this Paragraph, nothing in this LOU shall prevent limit or otherwise interfere with the right of the City Manager to terminate the at-will employment of Garner at any time, at the sole discretion of the City Manager with or without cause in accordance with Chapter 46 of the Sanger City Code, and in so doing, Garner acknowledges that he shall not havq and hereby waives, all rights to a hearing or to an appeal of any kind. Upon termination of this LOU by the City, except for termination with cause, Garner shall be entitled to severance compensation and benefits as provided in Paragraph 8(a) herein. -4-
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(a) Tennination Without Cause. The City Manager may terminate this LOU at any time without cause by providing written notice to Gamer. in the event of termination without cause/ Garner shall be entitled to severance compensation equal to three (3) months of salary and, in additiory a continuation of the health insurance benefits, described in Paragraph 4 hereof, for a period of three (3) months paid by the City.
(b) Termination for Cause. The City may terminate Gamer's employment immediately for cause. If Gamer is terminated for cause, Garner shall not be entitled to the severance compen- sation and benefits under Paragraph 8(a) herein.
(c) For Cause Defined. Cause for termination shall be defined to include, but shall not be limited to, any of the following: (i) the refusal to follow the lawful directions of the City Manag- er; (ii) failure to substantially perform any of the required duties of the Chief of Police; (iii) repeat- ed unexcused absences from his office and duties; (iv) violation of City policies; (v) conviction of a felony or a misdemeanor crime involving acts of moral turpitude under California law; (vi) use or possession of illegal drugs; (vii) abuse of office or position, which shall mean "an abuse of public authority, including, but not limited to, wastg fraud, and violation of the law under color of au- thority" or "a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Paragraph 92) ofPart 1 of the Penal Code;" or (viii) breach of this LOU. (d) Ternrination Defined. Termination shall mean involuntary removal from office and/or removal from office as a result of a request that Gamer resign. (e) Resignation. Nothing in this LOU shall prevenf limit or otherwise interfere with Garner's right to resign from his employment with the City at any time. Garner is requested but is not required to give not less than forty-five (45) days written notice, and shall make his best efforts to give sixty (60) days written notice to the City prior to the effective date of resignation. If Gamer resigns voluntarily (without a request from the City Manager to resign), then Garner shall not be entitled to the severance compensation and benefits under Section 8(a) herein.
9. General Provisions.
(u) Governing Law and Venue. This LOU and the rights and obligations of the parties shall be govemed by and construed in accordance with the laws of the State of California. The parties also agree that, in the event of litigatiory venue shall be in Fresno County, California. (b) Entite Agreement. This LOU contains the entire understanding between the City and Garner, There are no oral understandings, terms, or conditions, and neither party has relied upon any representafiory express or implied not contained in this LOU. il
il
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OF SANGER
City r Greg
CHIEF OF POLICE
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For the Meeting of: September 7, 2023
Agenda Item No.:
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Garner, Acting City Manager
Subject: Senate Bill 423 (Wiener) and Assembly Bill 309 (Lee) Attachments: Letter of Opposition Templates
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council discuss and consider whether to submit Letters of Opposition regarding Senate Bill 423 and Assembly Bill 309 and provide direction to Staff.
EXECUTIVE SUMMARY:
At the August 17, 2023 City Council meeting, Councilmember Montelongo asked that an item be placed on a future meeting agenda to discuss Senate Bill 423 and Assembly Bill 309 and determine whether to submit Letters of Opposition.
ACTIONS FOLLOWING APPROVAL:
If Council chooses to submit a Letters of Opposition, Staff will prepare the letters using the templates provided by Cal Cities.
Prepared by: Becky Padron, City Clerk/Deputy
Personnel Officer
REVIEW: City Manager: _ _,.{k"'""---- Finance:
Approved by:
______ City Attorney:
TYPE OF ITEM:
Consent
Informational Item
COUNCIL ACTION: APPROVED DENIED NO ACTION
__ Public Hearing
x Action Item
__ Department Report
_x_ Matter Initiated by a Council Member
Other:
Continued to:
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Pleose olso emoil o copy to your legislotor(s) ond [email protected] os well os your Regionol Public Affoirs Monoger.
***CITY LETTERHEAD***
DATE
The Honoroble Your Assembly Member
Member, Colifornio Stote Assembly
Address
Socromento, CA 95814
RE: SB 423 (Wiener) By-right housing opprovols: multifomily housing developmenls: SB 35 (Chopter 366, Slotules of 2O17) exponsion.
Notice of Opposition
Deor Your Assembly Member:
The Your Cily,/Town writes to express our opposition to SB 423, which would greotly expond SB 35 (Chopter 366, Stotutes of 201Z), extend the Jon. 1,2026 sunset dote to Jon.l ,2036, ond ollow the Deportment of GenerolServices (DGS) to control housing developments on stote-owned or -leosed property, regordless of the locolly required zoning or development stondords.
Your Cilv/Town intimotely understonds the offordoble housing ond homelessness crisis os it ploys out in our community every doy. Locol leoders ore working to find creotive solutions so homes of oll income levels con be built. They're toking on these difficult ond complex tosks, ond in mony cqses successfully plonning for more thon 2.5 million new homes stotewide, ollwhile novigoting ihe stote's onnuol borroge of overreoching housing bills thot hove thus for demonstroted limited success.
SB 423 is ihe lotest overreoching bill. This meosure would double-down on the recent trend of the stote overriding its own mondoted locol housing plons by forcing cities to opprove certoin housing projects without regord to the needs of the community, opportunities for environmeniol review, or public input. While it moy be frustroiing for some developers to oddress neighborhood concerns obout troffic, porking, ond other development impocts, those directly offected by such projects hove o right to be heord. Public engogement olso often leods to better projects. Noi hoving such outlets will increose public distrust in government ond result in odditionol bollot meosures limiting housing development.
[f you hove specific exomples of the impoct of this bill on your cily/town, pleose include here.l
lnsteod of continuing to pursue top-down, one-size-fits-oll legislotion, lowmokers should portner with locol officiols. Thof 's why the Leogue of Colifornio Cities coniinues to coll 309
on the Governor ond lowmqkers to onnuolly invest $3 billion to help cities prevent ond reduce homelessness ond spur housing development. Torgeied, ongoing funding is the only woy cities con find community-bosed solutions thot get our residents off the streets ond keep them in their homes. Coliforniq will never produce the number of homes needed with on increosingly stote driven, by+ighi housing opprovol process. Whot is reolly needed is o sustoinoble stote investment thot motches the scqle of this long-term crisis.
For these reosons, respectfully opposes SB 423,
Sincerely,
Leogue of Colifornio Cities
Cc
310
Pleose olso emoil o copy to your legislotor(s) ond [email protected] os well os your Regionol Public Affoirs Monoger.
***CITY LETTERHEAD***
DATE
The Honoroble Your Senotor
Member, Colifornio Stote Senote
Address
Socromento, CA 95814
RE: AB 309 (tee) Sociql Housing Progrom
(os omendedT/13/2023)
Notice of Oppose Unless Amended
Deor Your Senotor:
The Your Cily/Town writes to express our opposition to AB 309 (Lee), unless it is omended to oddress our concerns. AB 309 would creote the Sociol Housing Progrom within the Deportment of GenerolServices (DGS) to focilitoie the construction of government- owned housing on leosed stote property or excess stote-owned property. Cities would hove no obility to reguloie zoning or development stondords, including floor oreo rotios, height limitotions, or density requirements.
Your City/Town strongly supports the intent of AB 309, which is to produce more housing os housing offordobility ond homelessness ore omong the most criticol issues focing Colifornio cities. Affordobly priced homes ore out of reoch for mony people ond housing is not being built fost enough io meet the current or projected needs of people living in the stote. Cities loy the essentiol groundwork for housing production by plonning ond zoning new projects in their communities bosed on extensive public input ond engogement, os well os stote housing lows. lmportontly, cities ore currently updoting housing plons to identify sites for more thon 2.5 million odditionol housing units.
AB 309 would disregord this stote-mondoted plonning process ond specificolly empower DGS to moke lond use ond zoning decisions on stote excess property. lf DGS con opprove housing, why should cities go through the multiyeor plonning process to identify sites suitoble for new housing units if the stote con ignore those plons ond build housing on sites never considered for new housing?
While AB 309 currently limits DGS outhority to three housing projects on declored excess stote property suitoble for housing, the meosure broodly estoblishes the Sociol Housing Progrom within DGS qnd could be eosily exponded to include ollstote-owned londs.
Bypossing Colifornio's longstonding housing plonning lows ond locol rules is not o woy out of the housing crisis. Thot's why Col Cities continues to coll on the Governor ond 311
lowmokers lo qnnuolly invest $3 billion to help cities prevent ond reduce homelessness ond spur offordoble housing development. Torgeted, ongoing funding is the only woy cities con find community-bosed solutions thot produce housing of ollincome levels.
For these reosons, respectfully opposes AB 309 unless it is omended io oddress our concerns.
Sincerely,
Leogue of Colifornio Cities
Cc:
312