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Minutes, joint meeting

Sanger City Council
September 7, 2023

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Minutes, joint meeting
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September 7, 2023
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Sanger City Council
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Text extracted from the city's file for reading and search. Open the original on www.ci.sanger.ca.us. That file is the official record.

Minutes of a Joint Meeting of the Sanger City Council
and the City of Sanger as Successor Agency to the
Sanger Redevelopment Agency

THURSDAY, SEPTEMBER 7, 2023
6:00 P.M.

COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657

A. C ALL TO ORDER

The Council called their meeting to order at 6:03 PM.

B. OP

ENING CEREMONIES

The invocation was offered by Pastor Paul Canaday.

The flat salute was led by Mayor Frank Gonzalez.

Roll Call

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

Absent: None

C. AGE

NDA APPROVAL, ADDITIONS AND/OR DELETIONS

The Council by motion of Mayor Pro Tem Martinez deleted Agenda Item G-4 and approved the agenda as amended. 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

D.

P RESENTATION

1. Mid Valley Disposal representatives presented their Report to the Council.

City Council Joint Meeting Minutes
September 7, 2023

Page 2 of 10 ends

E. PUBLIC FORUM

Mario Garcia stated he was head coach for Sanger Boxing Club and that closing the gym was unnecessary. He said his suspension was like a parking ticket; he is still training and going to events.

Mayor Gonzalez announced that the boxing club will open on Wednesday (September 13, 2023)

Unidentified speaker stated he applied for a job but never received a phone call or an interview.

He stated he has been with the club since 2018. He stated that a member of Council approached him and tried to bribe him for votes.

Ruben Hernandez stated that closing the gym was the wrong decision.

Unidentified speaker stated that in June the Council acknowledged the coaches and now they are being replaced.

Unidentified speaker stated he believes what happens in dark will come to light.

Jose Pimentel stated the kids are being punished by closing the doors of the club.

Unidentified speaker thanked Councilmember Hurtado for suggesting an open gym night at the Community Center, thanked Mayor Pro Tem Martinez for asking City staff to be transparent regarding the reasons for the closure, and thanked Mayor Gonzalez for volunteering to assist at the club.

Ricardo Pimentel stated he has been a boxer for four or five years and Coach Mario has helped him grow. He stated the Council is taking away his home.

Alex Soto presented a belt he won in Las Vegas after a three-day fight. He said the coaches were there for him and now he can’t attend Sanger Boxing because it has been closed.

Jessica stated she is a parent of a boxing student who has been diagnosed with ADHD since he was three years old. He is now 17 and has not needed medication since he began attending the boxing club.

Mario Garcia stated he is Coach Mario’s son and he is proud of what his dad is doing at the club.

Osvaldo Vera stated he founded the Sanger Boxing Club close to half a century ago and he did it free. He said closing the gym is unacceptable.

Unidentified speaker stated the gym was an escape for kids going through family issues because they feel happy and loved like family at the club.

Unidentified speaker stated he is still waiting for answers to his requests in August about the timeframe for destroying public records, the JFK Park repairs, the plaque for St. Mary’s, and the standing policy to have Christmas lights on in front of Chuck Wagon.

City Council Joint Meeting Minutes
September 7, 2023

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Moses Hernandez said he demands clarity and transparency from Council and staff regarding the boxing gym. He said this meeting was the perfect opportunity to have a meeting via Zoom or livestream; of treating them like they’re dumb; demand clarity and transparency. It’s the perfect opportunity to have meetings through Zoom or livestreaming.

Albert Samorano stated his daughter was not in attendance because she was competing in the Olympic camp. He stated that his daughter was not happy because of what is going on with the boxing club. He said she is getting no support from the City.

F. CONSENT CALENDAR
The Council by motion of Councilmember Montelongo pulled Agenda Items F-3, F-5, F-6, F-7, F-8, F-9, and F-10 and approved the following items on the Consent Calendar:

1. SUBJECT: APPROVED - Minutes of the Special and Regular Meetings held on August 3, 2023.

2. SUBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report.

4. SUBJECT: APPROVED - Health Policy and Management Consulting Services with Health Management Associates and Participating Cities.

The City Council approved the second amendment for the Health Management Services Agreement and Cooperative Agreement with Health Management Associates and Cities of Dinuba, Kingsburg, Selma, and Coalinga for the purposes of assisting with Medi-Cal Rate Range Intergovernmental Transport programs and managed care health insurance programs, and authorized the Acting City Manager to execute the agreement on behalf of the City.

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

3. SUBJECT: Executive Assistant Position and Job Description.

Public comment:

Unidentified speaker asked what will happen to the Administrative Secretary position.

After further discussion, the City Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2023-45 establishing the position of Executive Assistant and approving the job description. 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
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September 7, 2023

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5. SUBJECT: APPROVED - Annexation of Property in Sanger Landscaping and Lighting Maintenance District No. 2 (Annexation No. 23-01).

Councilmember Hurtado stated she had hoped there would have been a presentation regarding Agenda Items F-5, F-6 and F-7.

The City Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2023-46 Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property in Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2023-2024, and to Set a Public Hearing for November 2, 2023. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE

6. SUBJECT: APPROVED - Annexation of Property into Community Facilities District 2005-01, Annexation No. 4, Tract 6327.

The City Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2023-47 stating its intention to annex certain territory into City of Sanger Community Facilities District 2005-1 (public services), setting a time and date for the public hearing thereon and adopting boundary map showing territory proposed to be annexed to Community Facilities District 2005-1 (Annexation No.4). The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE

7. SUBJECT: APPROVED - Annexation of Property into Community Facilities District 2005-1, Annexation No. 5.

The City Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2023-48 stating its intention to annex certain territory into City of Sanger Community Facilities District 2005-1 (public services), setting a time and date of 6 pm on October 19, 2023, for the public hearing and adopting boundary map showing territory proposed to be annexed to Community Facilities District 2005-1 (Annexation No. 5), and approving a Covenant regarding annexation of the territory into the Community Facilities District. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE

City Council Joint Meeting Minutes
September 7, 2023

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8. SUBJECT: APPROVED - Upgrade Council Chamber Audio-Video Equipment.

Councilmember Hurtado asked whether microphones were included in the upgrade.

Administrative Services Director Patrick Chaffee indicated two microphones are included.

The City Council by motion of Mayor Pro Tem Martinez approved a contract with NTM Productions to remove and replace Audio Visual equipment in council Chamber for city meetings and conferences in the amount of $56,371.86 and a 10% contingency. The motion was seconded by Councilmember Hurtado and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: N ONE

The Council convened in Joint Session with Successor Agency to the Sanger Redevelopment Agency

9. SUBJECT: APPROVED - Consider declaring Assessor Parcel Number 332- 042-94T (28.59 Acres) Surplus Land under The Surplus Land Act. (Council Action)

10. SUBJECT: APPROVED - Consider declaring Assessor Parcel Number (“APN”) 332-042-59T as Surplus Land, Portion of APN 332-042-78T as Surplus Land, and Portion of APN 332-042-78T as Exempt Surplus Land under The Surplus Land Act. (Successor Agency Action)

Community Development Director David Brletic presented on Agenda Items F-9 and F-10.

Public comment:

Unidentified speaker said he understood the definition between surplus and exempt and said it would be best to declare the land as exempt.

Unidentified speaker stated he is confused about the subject and asked Council to table the item to a future meeting.

The City Council by motion of Councilmember Montelongo adopted Resolution No. 2023-49 declaring Assessor’s Parcel Number 332-042-94T in the City of Sanger (The Property) Surplus Land pursuant to The Surplus Land Act (Government Code Sections 54220 Et Seq.). 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
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September 7, 2023

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The City of Sanger as the Board of the Successor Agency to the Sanger Redevelopment Agency by motion of Board Member Montelongo adopted Resolution No. 23-02 declaring APN 332- 042-59T as Surplus Land, approximately 12.66 Acres of APN 332-042-78T as Surplus Land, and 5 Acres of APN 332-042-78T as Exempt Surplus Land pursuant to The Surplus Land Act (Government Code Sections 54220 Et Seq.). 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

G. DEPARTMENT REPORTS

1. SUBJECT: APPROVED - Confirmation of Intent to Pursue Increase to Transient Occupancy Tax (TOT).

Public comment:

Karen Pearson stated 12% TOT is reasonable.

Unidentified speaker stated people who are staying in the hotels are usually people on drugs and the City is not getting tourist attraction. He stated 8% is competitive with Fresno.

Unidentified speaker stated 12% is very high and suggested the City start with a lower percentage.

Unidentified speaker stated Sanger has a lot to offer and he can’t believe we don’t have a hotel yet.

Unidentified speaker stated that bringing a hotel to Sanger has been a project of City Council for a long time and are neglecting the core of Sanger.

The City Council by motion of Mayor Pro Tem Martinez confirm ed the City’s intent to increase the City of Sanger Transient Occupancy Tax (TOT) and direct staff to prepare Ballot Measure documents (resolution and ordinance for increase to 12%) for City Council’s review and approval at a future Council meeting in time for submittal to voters at March 5, 2024, Primary Election. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE

2. SUBJECT: APPROVED - Second Amended and Restated MOU between County of Fresno and the City of Sanger (Tax Sharing Agreement).

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Public comment:

Unidentified speaker stated property owners will pay a higher tax rate and the Council should table the item and do more research.

Kevin Carter stated this item does not change the amount of taxes anyone pays on a new home or existing home. The item is about what percentage of tax goes to County and what percentage goes to the City.

The City Council b y motion of Mayor Pro Tem Martinez approved Resolution No. 2023-50 approving the Second Amended and Restated Memorandum of Understanding between the County of Fresno and the City of Sanger. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NOES: HURTADO
ABSTAIN: NONE
ABSENT: NONE

3. SUBJECT: APPROVED - South Digester Sludge Heater – WWTP.

The City Council by motion of Councilmember Montelongo accepted the quote from California Boiler to remove and replace the south sludge heater of the digester at the Water Treatment Plant in the amount not to exceed $94,605.81 and authorized the City Manager to execute the Service Provider Agreement and all related documents. 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

4. SUBJECT: Well 19 Drilling and Development. DELETED
RECOMMENDATION: That the City Council provide direction to Staff to advertise for bids for a project to drill and develop Well 19 prior to the final approval of a funding agreement with the State Water Resources Control Board Division of Financial Assistance (DFA).

H. CITY MANAGER/STAFF COMMUNICATION

None.

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September 7, 2023

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I. MATTERS INITIATED BY CITY COUNCILMEMBERS

1. SUBJECT: APPROVED - Interim City Manager Appointment and Approval of Agreement for Employment of Interim City Manager.

Public comment

Osvaldo Vera said the Council is making a big mistake.

Mario Garcia said the Council is hiring someone that set him up and working with someone who got him suspended.

Unidentified speaker stated there was a direct conflict of interest having the Police Chief serve as Interim City Manager.

Unidentified speaker stated it is too early to give him a raise.

Unidentified speaker stated the Council is taking a lot of heat the last couple of weeks and they now have an opportunity to win the town over by relieving Chief Garner of his duties.

Unidentified speaker stated the Council works for the community and they should make this right.

Unidentified speaker said they oppose the Acting City Manager getting the permanent position.

Karen Pearson said she wanted to provide one clarification on behalf of the S anger Chamber. She said the Acting City Manager did not make threats regarding the fundraising cash.

The City Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2023-51 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 Agreement. The motion was seconded by Councilmember Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE

2. SUBJECT: Senate Bill 423 (Weiner) and Assembly Bill 309 (Lee).

The City Council by motion of Mayor Pro Tem Martinez provided direction to staff to prepare and submit Letters of Opposition regarding Senate Bill 423 and Assembly Bill 309. The motion was seconded by Councilmember Montelongo and approved by the following vote:

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AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE

3. SUBJECT: Informational Item - Warrant Study for stop signs at 7th and K Streets.

City Engineer Josh Rogers stated previous studies did not warrant placement of stop signs at 7th and K Streets. However, more recent activity indicates placement of stop signs will mitigate the City’s liability. City Engineer Rogers will follow up with a memo regarding the recent findings.

Mayor Pro Tem Martinez

1. Requested and received consensus to direct that staff revisit the City’s contract with CrisCom and consider whether to have CrisCom lobby on the City’s behalf for grant funding.

Councilmember Hurtado

1. Requested consensus to have a special meeting to discuss the boxing gym matter. No consensus given.

2. Requested and received consensus to direct staff to provide a report regarding the boxing gym matter.

Councilmember Montelongo

1. Stated he has received a few phone calls from parents of boxing club members and they are waiting for the club to reopen.

2. Received reports of possible illegal action at the 1300 block of Academy Avenue.

Councilmember Melendez

1. Asked that the public speaker who requested information regarding the retention of public records be provided with the information.

Mayor Gonzalez

1. Asked that staff contact St. Mary’s Church regarding a proclamation for their 100 th Anniversary.

2. Said Airbnb’s are not subject to the TOT and other cities are looking at ways to crack down on them.

3. Requested and received consensus to place an item on a future meeting agenda regarding the cost of hiring a Parks & Recreation Director.

City Council Joint Meeting Minutes
September 7, 2023

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J. ADJ

OURNMENT

Being no further business, the Council adjourned their meeting at 9:53 PM.

ATTEST:

Rebeca Padron, City Clerk

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