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, OCTOBER 5, 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
F
lag Salute
Roll Call
C. AGENDA AP PROVAL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS
1. I
ntroduction of newly appointed Emergency Medical Technicians Jackson Biggs and Ava Jaeckel.
E. PRESENTATION
1. M
ulti-Jurisdictional Housing Element – Public Review Draft.
F
. 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.
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
October 5, 2023
G. 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 Councilm ember may request an item be removed from the Consent Calendar and i t will be considered separately.)
1. SUBJECT: M inutes of the Special and Regular M eetings held on August 17, 2023, Special Meeting held on August 21, 2023, Special Meeting held on September 7, 2023, and Joint Meeting of the Sanger City Council and Successor Agency to the Sanger Redevelopment Agency held on September 7, 2023.
RE
COMMENDATION: That the City Council approve.
2. SUBJECT: D eclaration of City Vehicles as Surplus Property.
RECOMMENDATION: That the City Council adopt Resolution No. 2023-52 which declares the property listed in Attachment “A” and Attachment “B” as surplus property and authorizes the Sanger Purchasing Agent to dispose of said property.
3. SUBJECT:
Appointment to the Commission to Advance the Status of Women and Girls, District 4 Representative.
RECOMMENDATION: That the City Council consider and approve Councilmember Michael Montelongo’s District 4 nomination and Mayor Frank Gonzalez’s appointment to the City’s Commission to Advance the Status of Women and Girls: District 4 – Char Jones.
4. SUBJECT:
Consultant Services Agreement with Trinity Consultants, Inc.
RECOMMENDATION: That the City Council adopt Resolution No. 2023-53 approving a consultant services agreement between the City of Sanger and Trinity Consultants, Inc., for a CEQA (California Environmental Quality Act) Environmental Analysis for Conditional Use Permit No. 2023-01 (Algonquin Power) and authorize the Interim City Manager to execute the agreement on behalf of the City.
H. PUBLIC HEARING
1. SUBJECT: Community Development Block Grant (CDBG) Program 2024/2025 Fiscal Year Allocation.
RECOMMENDATION: Tha t the City Counc il, after conducting a Public Hearing, approve the Medrano Park Improvements Project as the City’s CDBG project for Fiscal Year 2024/2025.
2. SUBJECT: Ordinance Approving Zoning Map Amendment No. 2023-01.
RECOMMENDATION: That the City Council conduct a Public Hearing, waive the full reading, and introduce Ordinance No. 2023-08 amending the City of Sanger Zoning Map, to change the zoning of real property from the C -4 (General Commercial) district to the C -M (Commercial and Light Manufacturing) district consistent with the General Plan designations for the properties. (APNs: 320- 011-17, 320-011-19, and 320-011-021)
2 City Council Agenda
October 5, 2023
I. DEPARTMENT REPORTS
1. SUBJECT: Veterans Day Parade Sponsorship.
RECOMMENDATION: That the City Council provide direction to staff on whether the City of Sanger should provide up to $10,000 in funds to assist with the Veterans Day Parade event and if so, authorize staff to conduct due diligence regarding a potential organization and to enter an agreement with such organization.
2. SUBJECT:
Salary Range for the City Manager Position.
RECOMMENDATION: That the City Council consider the current salary range for the position of City Manager, and if Council decides to amend the range, consider options, and adopt Resolution No. 2023-54 establishing a new salary range for the position of City Manager.
J. CITY MANAGER/STAFF COMMUNICATION
K. MATT
ERS INITIATED BY CITY COUNCILMEMBERS
(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.)
L. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 29th day of September 2023.
Rebeca Padron, City Clerk
ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable 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 pr ovided 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 Q-l
Minutes of a Special Meeting of the Sanger City Council THURSDAY, AUGUST 17, 2023
5:00 PM
COUNCIL CHAMBER
1700 7rH Street, Sanger, Califomia 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 5:00 PM.
B. ROLL CALL
Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Councilmember Michael Montelongo
Absent: CouncilmemberEsmeraldaHurtado, CouncilmemberDoloresMelendez C. AGENDAAPPROVAL
The Council by motion of Councilmember Montelongo approved the agenda as posted. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: HURTADO, MELENDEZ
D. PUBLIC FORUM
None.
E. LOSED SESS
Mayor Gonzalez recused himself from being present during discussion of Agenda ltem2c because he is related to the negotiating parties.
The Council adjourned to Closed Session at 5:02 PM.
l. Pursuant to Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
a. Agency Designated Representatives: Acting City Manager, City Clerk/Deputy Personnel Officer
EmployeeOrganization: SangerMiddleManagementOrganization b. Agency Designated Representatives: Acting City Manager, City Clerk/Deputy Personnel Officer
Employee Organization: Sanger Firefighters Association
4 City Council Special Meeting Minutes
August 17,2023
2. Pursuant to Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
a. Property: APN 332-150-01
City Negotiator: Acting City Manager, City Engineer
Negotiating Parties: Jose Luis Espinoza and Guadalupe Espinoza, husband and wife, asjoint tenants
Under Negotiation: Price and Terms of Payment
b. Property: APN 332-150-02
City Negotiator: Acting City Manager, City Engineer
Negotiating Parties: Rene Gonzalez and Delores Gorualez, husband and wife, as joint tenants
Under Negotiation: Price and Terms of Payment
c. Property: APN 332-140-01
City Negotiator: Acting City Manager, City Engineer
Negotiating Party: Chia Lee Thao, a married man as his sole and separate property Under Negotiation: Price and Terms of Payment
The Council reconvened their Special meeting at 6:00 PM.
F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attomey Hilda Montoy announced that Councilmember Hurtado and Councilmember Melendez were absent from Closed Session and that no action was taken in Closed Session.
G. ADJOURNMENT
Being no further business, the Council adjourned their Special Meeting at 6:02 PM ATTEST
Rebeca Padron, City Clerk
5 Minutes of a Regular Meeting of the Sanger City Council THURSDAY, AUGUST T7, 2023
6:00 P.M.
COLINCIL CHAMBER
1700 7th Street, Sanger, Califomia 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:02 PM B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Gonzalez.
Roll Call
Present:
Absent:
Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Councilmember Esmeralda Hurtado, Councilmember Dolores Melendez, Councilmember Michael Montelongo
None
C. AGENDA APPROVAL. ADDITIONS AND/OR DELETIONS
The Council by motion of Councilmember Montelongo approved the agenda as posted. 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
D. CEREMONIAL MATTERS
The Council recognized Alyssa Samorano, USA Boxing Nationals Champion.
Senator Melissa Hurtado presented a $5 million state budget allocation to the City for a Communications Center.
E. PRESENTATION
I
2. l. The CrisCom Company presented their Quarterly Report to the Council. 6 City Council Regular Meeting Minutes
August 17,2023
F. PUBLIC FORUM
Osvaldo Vera asked why the boxing club was closed.
Unidentified speaker stated that as coach, he was hurt by the closing of the boxing club and that his suspension only prohibits him from participating in tournaments for 60 days.
Ruben Hernandez said he is associated with the boxing club and that the youth are being hurt by the closing of the club.
Albert Samorano said he has coached for 6 years with no pay and he does it for the kids. He said the City needs to open the boxing gym because the kids are looking for answers.
Corina said she represents the parents of the students who participate in the boxing club. She said they did not do wrong by trying to raise funds and that every entity does it. She said they were told they would get $5,000 but never did.
Ricardo Pimentel said he is a fighter and represents fighters from Sanger. He said closing the gym ruins opportunities for the fighters who have a desire to win and represent Sanger.
Alex Soto said the boxing gym is like a family to him. He said it provides a place where young people can stay away from gangs.
Ruben Hernandez said he is a fighter from the boxing club and that it is a place that has helped him and where he feels he belongs.
Erica Hernandez said she is an advocate and support for boxers and for the gym to reopen. She said Sanger Boxing helps with preventing bullying on social media. She said it is important to reopen the gym.
Jacob with Set Free Church said that atthe last meeting he heard about some alleys that needed cleaning. His group have been picking up trash in those alleys. He said their goal is to keep the City clean, prevent homelessness and stop the drug epidemic.
Denise Jamison, representative of Kings River Conservancy, thanked the Council for their letter of support for Peck Island. She said it is a wonderful areathat encompasses Sanger and will provide education for the youth regarding conservation and wetlands and bring hiking trails and fishing access.
Maria Gonzalez said no one has checked the alleys in her neighborhood that need cleaning and that traffic at the chicken factory has not improved.
Mateo Gurrola said he was struggling when his dad suggested he try boxing and he fell in love with it. He said closing the boxing gym takes that away from many of the youth. 7 City Council Regular Meeting Minutes
August 17, 2023
Johnathon and Luis, said they are brothers and they attend the boxing gym. They asked that the City reopen the gym and said that seeing it closed is heartbreaking.
Jose Pimentel said he is a parent of a one of the boxers and asked that the gym reopen.
Kevin Carter asked that the Council consider placing an item on the agenda regarding spending limits for campaigns and to get rid of districts.
G. CONSENT CALENDAR
The Council by motion of Councilmember Montelongo pulled Agenda Items G-5, G-7, and G-8 and approved the following items on the Consent Calendar:
1. SUBJECT INFORMATIONAL ITEM - Warrants including CheckNos 89676 through 89876
2. SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 60260 through 60511; Payroll CheckNos. 59048 through 591021, and Benefit Check Nos. 1908 through 1915.
3. SUBJECT: INFORMATIONAL ITEM - Police Department Monthly Report.
4. SUBJECT: APPROVED - K Street and Almond Avenue Reconstruction Project.
The City Council:
1. Awarded the contract for the project to AJ Excavation, Inc., 9662W.
Kearney Blvd., Fresno, CA 93706, in the amount of $507,492.00, as lowest responsive and responsible bidder; and
2. Approved a construction contingency for change orders in the amount of $50,800 (10%) for this project; and
3. Authorized the Acting City Manager to execute contract documents on behalf of the City.
6. APPROVED - Fresno-Madera Area Agency on Aging Contract for FY 2023-2024.
The City Council adopted Resolution No. 2023-43 approving contracts with the Fresno-Madera Area Agency on Aging for the Title III CI Congregate Nutrition Program for Older Adults and authorized the Acting City Manager to execute the contracts.
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
8 City Council Regular Meeting Minutes
August 17,2023
5. SUBJECT APPROVED - Zoning Ordinance Map Amendment No. 2023-02 Public comment:
Beverly said the Zoning Ordinance affects Greenwood and Bethel Avenues and there is not water pressure in the area and no traffic lights.
Unidentified speaker said there is a lack of water and the City should not build where there is not enough water.
The City Council by motion of Mayor Pro Tem Martinez waived the full second reading and adopted Ordinance No. 2023-07, amending the City of Sanger ZoningMap for the pre- annexation zoning of two parcels from Fresno County's AE-10 (Exclusive Agricultural) to the City's R-1-6 (Single Family Residential District) for two parcels of approximately 28.37 aues generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue (APNs 332-090-01 and332-090-03). 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 - Purchase of Three New Vehicles for the Public Works Department.
Public comment:
Unidentified speaker said they appreciate the homework and agree with EV in the future.
The City Council by motion of Councilmember Hurtado authorized the purchase of three (3) new Chevrolet work trucks for the Public Works Department from Sanger Sequoia Chevrolet in the amount of $133,456.48. 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
8. SUBJECT: APPROVED - Purchase of Vehicles for the Police Department.
Public comment:
Osvaldo Vera said the City is spending more on police cars and that the City should invest in the future.
Unidentified speaker asked what the mileage is on the used vehicles and the cost difference in purchasing new vehicles.
9 City Council Regular Meeting Minutes
August 17,2023
The Council by motion of Councilmember Montelongo authorized the City Purchasing Agent to spend up to $95,000 to purchase two used trucks for the Police Department. The motion was seconded by Councilmember Hurtado and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
H. DEPARTMENT REPORTS
1 SUBJECT: APPROVED - Appointment to Citizens Oversight Committee - Measure S.
Public comment:
Corina said Measure S grants funds to the boxing gym and she would like more information about where it comes from.
Acting City Manager Greg Garner said the boxing gym is not funded by Measure S but with the General Fund.
The Council by motion of Councilmember Hurtado approved Mayor Gonzalez's recommendation to reappoint Monique Reyna and appoint Elizabeth Gonzalez to fill two vacancies on the Citizens Oversight Committee - Measure S with terms ending June 30, 2025. 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
2. SUBJECT: APPROVED - Somerset Park - Preferred Option.
Public comment:
Unidentified speaker said they are happy about the parks but disappointed that it will not be a sports complex.
The Council by motion of Councilmember Montelongo received Staff s report and confirmed the Somerset Park - Preferred Option for a proposed new lO-acre park as part of a proposed subdivision located south of E. North Avenue between S. Greenwood Avenue and S. Bethel Avenue. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ,MARTINEZ,MONTELONGO,MELENDEZ
NOES: HURTADO
ABSTAIN: NONE
ABSENT: NONE
10 City Council Regular Meeting Minutes
August 17,2023
SUBJECT: APPROVED - Fresno County CDBG Project No. 22611 * Chavez Park Sports Lighting.
Public comment:
Unidentified speaker said it will be nice to have the new lights but the area is not really designated as a soccer field.
The Council by motion of Councilmember Hurtado approved the Agreement with the County of Fresno for Community Development Block Grant Cesar Chavez Parks Improvement Project No. 2261I 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
SUBJECT: APPROVED - Fresno Council of Govemments 202312024 Call for Projects - Surface Transportation Block Grant Program, Congestion Mitigation and Air Quality Improvement Program, and Carbon Reduction Program.
Public comment:
Unidentified speaker said they worked for the railroad for 33 years at crossings and signals and said the railroad could be interested if it helps to reduce liability.
The Council by motion of Councilmember Montelongo adopted Resolution No. 2023-44 supporting and implementing timely use of funds on federal-aid transportation projects, and approved the project list proposed by Staff. 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 Council called for a recess at 8:10 PM.
The Council reconvened their meeting at 8:20 PM.
SUBJECT: APPRoVED - Agreement between the city of sanger and Lozano Smith Attorneys atLaw.
J
4 5
11 City Council Regular Meeting Minutes
August 17,2023
The Council by motion of Councilmember Montelongo approved the Agreement for Legal Services with Lozano Smith for legal services relating to wrongful employment practices and authorized the Acting City Manager to execute the Agreement. The motion was seconded by Councilmember Hurtado and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
SUBJECT: APPROVED - Consulting Services Agreement with Recruitment Firm for City Manager Recruitment.
Public comment:
Kevin Carter said this is probably the most important decision the Council will make and the $5,000 difference in cost shouldn't come into play on who they will hire to conduct the recruitment.
The City Council received the report regarding proposals from Ralph Andersen & Associates and Koff & Associates and by motion of Councilmember Hurtado approved a consulting services agreement with Koff & Associates per the City's standard consultant agreement form approved by the City Attorney. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
6. AYES:
NOES:
ABSTAIN
ABSENT:
MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
GONZALEZ
NONE
NONE
7. SUBJECT: APPROVED - Acting City Manager Appointment and Acting Pay Public comment:
Kevin Carter said the Council should approve as written and can select an interim with different pay effective September 8.
Corina said she is concerned if this will require one person having two roles and that it probably causes a conflict of interest.
The City Council by motion of Councilmember Melendez confirmed the appointment of Police Chief Greg Garner as Acting City Manager, and approved 5%;o ActingPay beginning July 13, 2023, and ending upon appointment of an Interim City Manager. The motion was seconded by Councilmember Hurtado and approved by the following vote:
12 City Council Regular Meeting Minutes
August 17,2023
Page I of9
AYES:
NOES:
ABSTAIN:
ABSENT:
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
I. CITY MANAGER/STAFF COMMUNICATION
None.
J. MATTERS INITIATED BY CITY COLTNCILMEMBERS
l. SUBJECT: Discussion regarding Senate Bill423 - Councilmember Montelongo The Council gave consensus to place an item on the next agenda to consider sending a letter of opposition regarding Senate Bill 423 .
Mayor Pro Tem Martinez
1. Thanked the Acting City Manager for help with issues regarding cars parked on the street.
2. Asked for communication between the City and the Boxing Club. He said the kids are so passionate about the sport and it takes a lot of hard work and discipline.
Councilmember Hurtado
1. Asked that the issues with the Boxing Club be resolved as soon as possible so the kids can get back to training.
2. Requested a consensus to have staff look into abandoned buildings in the City. Council gave consensus to have staff bring back a report on code enforcement activity.
3. Requested an update regarding alternatives for streaming city council meetings.
4. Requested an update on providing microphones for public input.
5. Requested that Koff & Associates start working on recruiting an Interim City Manager. City Attorney Montoy said a closed session agenda item will be scheduled to discuss the appointment of an Interim City Manager.
6. Thanked Administrative Services Director Patrick Chaffee for his guidance during the South Kings Groundwater Sustainability Agency meeting.
Councilmember Montelonqo
1. Thanked Police and Fire Departments for the great job at the National Night Out event.
2. Asked for a report regarding issues and repairs needed at JFK Park.
3. Requested and received a consensus to have staff provide a detailed report of what is taking place with the homeless and how we're dealing with homeless and what other groups are doing regarding homeless.
13 City Council Regular Meeting Minutes
August 17,2023
Councilmember Melendez
1. Requested an update on the sewer.
2. Requested an update on the status of the water park and slide area at JFK Park.
3. Requested an update regarding potholes at Edgar and K Streets.
4. Requested a report on clean up of alleys.
Mayor Gonzalez
l. Said he is starting to see the logic with five district issue. He said not many rcalize what the mayor's position is and that it's not a more powerful position.
City Attorney Montoy said it is not mandatory but the trend is to get away from at-large elections. She said there are firms going to cities to stop at-large elections. City Attorney Montoy will provide a general report on it.
2. Said there is not public parking downtown and there are empty lots that can be purchased to be made into public parking.
Mayor Gonzalez announced that a City Council Special Meeting will be held on August 22,2023.
K. ADJOURNMENT
Being no further business, the Council adjourned their meeting at 9:28 PM.
ATTEST:
Rebeca Padron, City Clerk
14 ANAE R
-,$,,,
l
Minutes of a Special Meeting of the Sanger City Council THURSDAY, SEPTEMBER 7, 2023
5:00 PM
COUNCIL CHAMBER
1700 7rH Street, Sanger, California 93657
A. CALL TO ORDER
The Council called their Special Meeting to order at 5:03 PM.
B. ROLL CALL
Present
Absent:
Mayor Frank G onzalez, C ounci lmember Michael Montelongo, Counci lmember Dolores Melendez
Mayor Pro Tem Daniel Martinez, Councilmember Esmeralda Hurtado C. AGENDAAPPROVAL
The Council by motion of Councilmember Montelongo approved the agenda as posted. The motion was seconded by Councilmember Melendez and approved by the following vote:
AYES: GONZALEZ, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ, HURTADO
D. PUBLIC FORUM
None
E. CLOSED SESSION
The Council adjourned to Closed Session at 5:05 PM.
L Pursuant to Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
a. Agency Designated Representatives: Acting City Manager, City Clerk/Deputy Personnel Officer
Employee Or ganization : S anger Po lice O ff,rcers Association b. Agency Designated Representatives: Acting City Manager, City Clerk/Deputy Personnel Officer, Shelline Bennett
Employee Organization: Sanger Firefighters Association
2. Pursuant to Government Code Section 54957
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: City Manager
15 City Council Special Meeting Minutes
September 7, 2023
The Council reconvened their Special Meeting at 6:03 PM.
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 6:04 PM.
ATTEST
Rebeca Padron, City Clerk
16 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
n00 7rh Street, Sanger, California 93657
A. CALL TO ORDER
The Council called their meeting to order at 6:03 PM.
B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flat salute was led by Mayor Frank Gonzalez.
Roll Call
Present
Absent:
C. APPROV ADD
The Council by motion of Mayor Pro Tem Martinezdeleted Agenda Item G-4 and approved the agenda as amended. The motion was seconded by Councilmember Montelongo and approved by the following vote:
Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Councilmember Esmeralda Hurtado, Councilmember Michael Montelongo, Councilmember Dolores Melendez
None
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
AYES:
NOES:
ABSTAIN
ABSENT:
D. PRESENTATION
1. Mid Valley Disposal representatives presented their Report to the Council. 17 City Council Joint Meeting Minutes
September 7, 2023
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.
Unidentihed 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. 18 City Council Joint Meeting Minutes
September 7, 2023
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 viaZoomor 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:
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 authorizedthe 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. SUBJEC 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
1 19
City Council Joint Meeting Minutes
September 7, 2023
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 Nov_eq,rber 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-l (public services), setting a time and date for the public hearing thereon and adopting boundary map showing tenitory proposed to be annexed to Communily Facilities District t005-1 (Aryqatign 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-l (public services), setting a time and date of 6 pm on October 19,2023, for the public hearilg and adopting boundary map showing territory proposed to be annexed to Comhunity Facilities District 2005-l (Annexation No. 5), and approving a Covenant regarding annexation of the territory into the Community Facilities District. The motion was seconded by Councilmernber Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: HURTADO, MELENDEZ
ABSTAIN: NONE
ABSENT: NONE
5 20
City Council Joint Meeting Minutes
September 7, 2023
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 l\Yo 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: NONE
The to the
9 SUBJECT: APPROVED - Consider declaring Assessor Parcel Number 332- 042-94T (28.59 Acres) Surplus Land under The Surplus Land Act. (Coancil 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 (Govemment 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
8. 21
City Council Joint Meeting Minutes
September 7, 2023
Poge 6 of I0
The City of Sanger-as the Board of the SuccessorAgency to the Sanger Redevelopment Agency ly-m_oJton of Board Member Montelongo adopted Resol-ution No. 23--02 declaring APN 33i- 042-59T T.S].p!qt L-and, a_pproximately 12.66 Acres of APN 332-042-78T as Su=rplus Land, and 5 Acres of APN 332-042-78T aq 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:
NOES:
ABSTAIN:
ABSENT:
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
G. DEPARTMENT REPORTS
SUBJECT: APPROVED - Confirmation of Intentto Pursue Increase to Transient Occupancy Tax (TOT).
GONZALEZ, MARTINEZ, MONTELONGO
HURTADO, MELENDEZ
NONE
NONE
SUBJECT: APPROVED - second Amended and Restated Mou between County of Fresno and the City of Sanger (Tax Sharing Agreement).
I
Public comment:
Karen Pearson stated |2%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 l2Yo 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 confirmed 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 I2%) 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:
NOES:
ABSTAIN:
ABSENT:
2 22
City Council Joint Meeting Minutes
September 7, 2023
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 by 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 digest-er 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
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/STA COMMLINICATION
4 None.
23 City Council Joint Meeting Minutes
September 7, 2023
Page I of I0
I. MATTERS TED BY CITY COUN ERS
SUBJECT: APPROVED - Interim city Manager Appointment and Approval of Agreement for Employment of Interim City Manager.
1 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 Gamer 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 Sanger 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:
NOES:
ABSTAIN
ABSENT:
GONZALEZ, MARTINEZ, MONTELONGO
HURTADO, MELENDEZ
NONE
NONE
2. SUBJECT Senate Bill423 (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 Bill423 and Assembly Bill 309. The motion was seconded by Councilmember Montelongo and approved by the following vote:
24 City Council Joint Meeting Minutes
September 7, 2023
AYES:
NOES:
ABSTAIN:
ABSENT:
GONZALEZ, MARTINEZ, MONTELONGO
HURTADO, MELENDEZ
NONE
NONE
3. SUBJECT: Informational Item - Warrant Study for stop signs at 7ft andK 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 tunding.
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
l. Asked that staff contact St. Mary's Church regarding a proclamation for their 100th 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.
25 City Council Joint Meeting Minutes
September 7, 2023
J. ADJOURNMENT
Being no further business, the Council adjourned their meeting at 9:53 PM.
ATTEST:
Rebeca Padron, City Clerk
26 For the Meeting of: October 5,2023
Agenda Item No.:
9,/CrrYoF SINGER
REPORTTO THE, CITY COUNCIL
To: Mayor and Cify Council Members
From: Greg Garner, Chief of Police
Subject: Declaration of City Vehicles as Surplus Property Attachments: Vehicles to be Declared as Surplus Property - Attachments "A" & 6'8" CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council Adopt Resolution No.2o2 3-52 which declares the property in Attachment "A" and Attachment "B" as surplus property and authorizes the Sanger Purchasing Agent to dispose of said property.
EXECUTIVE SUMMARY:
This report recommends the declaration of surplus property: two police vehicles, seven public works vehicles, and one community development vehicle. The totaled police vehicle, the2019 Ford Interceptor, is a total loss following a collision on 5l2l2I. The 2009 Ford Expedition is no longer useful for the police department due to age and maintenance costs. The seven Public Works Department vehicles and one Community Development vehicle have exceeded their usefulness to the city and are currently out of service. The proposed actions include selling these surplus vehicles to a local auto dismantler, directing the generated proceeds to benefit the City's general fund, and donating the Ford Expedition "as is" to Sanger High's Valley ROP program.
BACKGROUND:
The 2019 Ford Interceptor Police Vehicle was involved in a collision on May 2,2021, resulting in extensive damage and its classification as a total loss by the Risk Management Agency (RMA).
Prepared by: Approved by:
REVIEW: City Manage", b(( Finance: City Attorneyi _
TYPE OF ITEM:
-L Consent
Info Item
Y Action Item
Deoattment Reoort
Redevelooment Asencv
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Membet
Other
Continued to:
27 The 2009 Ford Expedition, due to its age, high mileage, and increasing maintenance costs, no longer serves the operational needs of the Police Department.
The seven Public Works Department vehicles and one Community Development vehicle have reached the end of their operational lifespan and are no longer of use to the city. They are currently out of service.
REASON FOR RECOMMENDATION:
The damaged2019 Ford Interceptor is beyond feasible repair and should be declared surplus, with the proceeds from its sale benefiting the City's general fund.
The 2009 Ford Expedition's high mileage and rising maintenance costs render it unsuitable for continued use within the Police Department's fleet. Donating it to Sanger High School's Valley ROP program would serve as a valuable contribution to the community, allowing students to gain practical experience with automotive technology.
The Public Works and Community Development vehicles have exceeded their operational usefulness and are non-functional. Declaring them surplus and selling them to a local auto dismantler is a practical step to recover some value for the City.
FISCAL IMPACT:
The sale of the 2019 Ford Interceptor, the seven Public Works vehicles, and the one Community Development vehicle to a local auto dismantler will yield proceeds that will be directed into the City's general fund.
The donation of the 2009 Ford Expedition to Sanger High School's Valley ROP program carries no direct financial impact for the City but provides a valuable educational opportunity for students.
ALTERNATIVES:
Retain the vehicles listed in Attachments ooA" &"B," incurring ongoing maintenance costs and storage requirements without a functional need.
ACTIONS FOLLOWING APPROVAL:
Upon City Council approval, the Police Department and the Public Works Department, under the direction of the City's Purchasing Agent, will initiate the process of selling the declared surplus vehicles to the chosen local auto dismantler. The Police Department will arrange the donation of the 2009 Ford Expedition to Sanger High School's Valley ROP program. Subsequently, proceeds from the sales will be accurately recorded and deposited into the City's general fund. \\nas I \shared\Forms & Templates
28 RESOLUTTON NO. 20?f.$]
A RESOLUTION OF THE CITY OF SANGER DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING THE SANGER
PURCHASING AGENT TO DISPOSE OF SAID PROPERTY
WHEREAS, the City of Sanger has accumulated vehicles that are no longer needed or in use for City purposes; and
WHEREAS, in that said property is no longer operable, or in use for City purposes, the City Council is authorizedto declare said property surplus and allow for its disposal; and WHEREAS, said procedure is authorized pursuant to Sanger City Code Section 2-212 and Govemment Code Section 37350.;
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of California:
1. The property listed in Attachment "A" and Attachment "B," which is attached hereto and incorporated herein by reference, is hereby declared surplus and no longer needed for municipal purposes by the City of Sanger.
2. The City Council hereby authorizes the City's Purchasing Agent to sell the vehicles as surplus and to donate the Ford Explorer "as is" to Sanger Unified School District..
3. The Purchasing Agent is hereby authorized to take any necessary steps to accomplish this purpose under the guidelines set forth herein and the general law of the City.
4. This resolution is effective upon adoption.
rl. !t !F * * {. *,t,1.,|( t,1. * rl. rl. d. *
The foregoing Resolution was considered by the City Council of the City of Sanger, California at a regular meeting of said Council held on the 5th day of October, 2023 and adopted by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST:
Rebeca Padron, City Clerk
29 ATTACHMENT "A"
VEHICLE TYPE YEAR MAKE/MODEL
CITY OF SANGER - SURPLUS VEHICLES
DEPARTMENT: POLICE
No.
1 PatrolVehicle
2 PatrolVehicle
2019 Ford Explorer lnterceptor
S95 Ford Expedition
LICENSE No. VEHICIE lD#
t5620L7 1FM5K8ARl_5K854511
L242037 1FMFU155491A11406
UNIT No.
s722
s95
COLOR
Blk/white
Blk/white
30 ATTACHMENT ''B''
74435 L139702 2001 Chevy Express 3500 Public Works
26690 L226977 2006 GMC Sierra 1500 Public Works
46978 1158675 1999 Chevy C1500 Pickup Recreation
2314s E362168 1991 Ford F150 Reg Cab Public Works
47887 299552 1993 GMC Sierra SL 4x4 Public Works
48s19 299ss0 1993 GMC Sierra SL 1500 Public Works
77647 L255423 2000 Chevy Silverado 1500 Public Works
26097 LLO5574 2002 GMC Envoy Community Development
31 For the Meeting of; October 5,2023
Agenda Item No.
CrrY oF SINGER
Rtr,PORT TO THE, CITY COTJNCIL
$,s
To:
From:
Councilmembers
Mayor Frank Gonzalez, Councilmember Michael Montelongo and Greg Garner, Interim City Manager
Subject: Appointment to the Commission to Advance the Status of Women and Girls, District 4 Representative
RECOMMENDATION:
That the City Council consider and approve Councilmember Michael Montelongo's District 4 nomination and Mayor Frank Gonzalez's appointment to the City's Commission to Advance the Status of Women and Girls: District 4 - Char Jones.
EXECUTIVE SUMMARY:
On November 3, 2022, the City Council adopted Resolution No.2022-94 establishing membership comprised of six members: four members to be residents of the four Council Districts, and one member a resident of the City at large and one member to be a woman between the ages of 16 and 24, and attending high school, college, or university. On September I1,2023, one of the Commission's original members, Commissioner, Delilah Elizondo, submitted a Letter of Resignation from the Commission, citing a change in her work schedule prohibits her from devoting the time necessary to serye as a commissioner. This report presents Council Member Montelongo's (District 4) nomination and the Mayor's appointment is subject to approval by the Council.
REASON FOR RECOMMENDATION:
To complete the appointment process for the vacant Commissioner position.
FISCAL IMPACT:
None
Preoared bv: Gres Garner Apptoved by:
REVIEW: City Manager: _ Finance: Citv Attornev:
TYPE OF ITEM:
X Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
Matter Initiated by a Council Membet
Other
Continued to:
X
32 ALTERNATIVES:
NA
ACTIONS FOLLOWING APPROVAL :
\\nas I \shared\Forms & Templates
33 ,ii
!
Y
R
l
SA NCD
s[f I B Ztyt's
rjuv\6
APPLICATION FOR APPOINTMENT
TO THE
CITY OF SANGER
COMMISSION ON THE STATUS OF'WOMEN & GIRLS
r
(MI)
7 (Home Phone)
Resident of Sanger for
/) r\,r7-( ) years. Sanger Registered Voter: Vm X Uo
Are you a United States Cilizen? Yes No
TRAINING, EXPERIENCE and/or EDUCATION:
-aa
0 1n you are involved
or
aa0 {tAA a
44JL
s
I
r
P1'-'
any appotnted you have served
SCHOOL MAJOR GRADUATION DATE & DEGREE
fiestutx Yaf$ir- l-tLxnm'l Stdte; e6?l , bk Lrb
Nft
(Please complete reverse side)
34 Briefly state why you wish to serye on the City of Sanger Commission on the Status of Women & rls:
t(
What underserved population (s) can you represent or advocate for? fen
wish, you list referencers in the space provided below:
9 ){n
{IV
EMPLOYMENT INF'ORMA TION:
Present Occupation:
Name of Firm:
SoLn -L[,ufirol
)g67 ft tA/o kJvnn dlTotaZ-Address:
PLEASE NOTE THA"[ THIS APPLICATION BECOMES PUBLIC INF'ORMATION I hereby certifo that the information contained in this application and any accompanying documents is true and correct to the best,:f my knowledge.
Signature of Applicant
You are invited to atterch additional pages, enclose a copy of your resume or submit supplemental information which yc,u feel may assist the City Council in its evaluation of your application.
When completed marillsubmit original to: Office of the City Cterk City oJ'Sanger
I 700 7h Steet
Sanger, CA 93657
(559) 876-6300 extension 1350
35 For the Meeting of;
Agenda Item No.:
CrrYoF SnNGER
Octobet 5,2023
9-+
RE,PORTTO THE, CIry COUNCIL
To:
X'rom:
Subject:
Mayor and Councilmembers
David Brletic, Community Development Director
Consultant Services Agreement with Trinity Consultants, Inc., for CEQA (California Environmental Quality Act) Environmental Analysis for Algonquin Conditional Use Permit No. 2023-01 (Algonquin Power).
Attachments: Location Map.
Resolution No. 2023-5J (ncluding Consultant Services Agreement) CONFLICT OF'INTEREST:
None known.
ATION:
Staff recommends that the City Council adopt Resolution No. 2O 23-5? approving a consultant services agreement between the City of Sanger and Trinity Consultants Inc., for CEQA (California Environmental Quality Act) Environmental Analysis for Conditional Use Permit No. 2023-01 (Algonquin Power), and authorizethe Acting City Manager to execute on behalf of the City.
EXECUTIVE SUMMARY:
Request for approval of proposed consultant services agreement facilitating City of Sanger completing required CEQA (California Environmental Quality Act) environmental analysis for Conditional Use Permit No. 2023-01 (Algonquin Power), and authorizethe Acting City Manager to execute on behalf of the City. Funding for the proposed agreement will be secured through a reimbursement agreement from developer.
Prepared by: David Brletic Approved by:
1. 2.
REVIEW: City Manager: 0b Finance: City Attorney:
TYPE OF ITEM:
Consent
Informational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
Matter Initiated by a Council Member
Other:
Continued to:
36 PRO.IECT BACKG UND SUMMARY:
The City of Sanger has received an application for Conditional Use Permit No. 2023-0I from Algonquin Power Sanger, LLC regarding the expansion of annual run hours permitted at the existing Algonquin power plant located at ll25 Muscat Avenue. See Attachment 1, Location Map.
Staff has reviewed the application and determined that the request constitutes a ooproject" under CEQA, and informed the applicant that the required environmental review can be conducted by a qualified consultant of their choice. The applicant identified Trinity Consultants, Inc. ("Trinity") as their preferred consultant, and Trinity provided their proposal which included the scope of work and associated fees.
Below is the cost breakdown:
Task
t
2 3
4 Total Cost Estimate
Description
CEQA Project Kickoff
CEQA lnitial Study and CUP
Support
CEQA AQIA
CEQA Determination
Estimated Cost
s13,500
S49,8oo
s32,400
s7,300
$103,ooo
The consultant has provided reasonable estimates for the cost of the services detailed in the scope of work. Additionally, Trinity represents extensive experience with over forty-five (45) years of EHS (Environmental Health and Safety) consulting. Trinity has over 75 consultants in their California offices with expertise in industrial and commercial operations, and significant working relationships with air quality agencies across the state.
Trinity has provided a cost estimate of $103,000.00 for the entirety of the environmental consulting needed to satisfy CEQA. In addition to the project cost estimate, the applicant is also responsible for providing a l0o/o contingency fee to ensure that the reimbursement is sufficient to cover the cost of the consultant's services, including which brings the total amount of the agreement to $113,300.00.
Currently, the City does not have the staff to prepare environmental documents to comply with CEQA; the City instead allows applicants to identify their preferred consultant and contracts with them to ensure completion of environmental review. The applicant remains responsible for the cost of the environmental review and enters into a reimbursement agreement with the City for all costs incurred.
The City retains its status as Lead Agency, and has the authority to make any final decisions on the veracity and adoption of the resulting CEQA documents.
REASON FOR RECOMMENDATION:
Approval of proposed consultant services agreement facilitates City of Sanger completing required CEQA (California Environmental Quality Act) environmental analysis for Conditional Use PermitNo. 2023 -01 (Algonquin Power).
F'ISCAL IMPACT:
None, the applicant is required to enter into a reimbursement agreement with the City to provide a deposit covering the anticipated cost of the consultant services. The applicant is responsible for the full cost of the consultant services described in the proposal.
37 ALTERNATIVES:
Approve agreement with amendments, or not approve the agreement and provide further direction to Staff.
ACTIONS FOLLOWING APPROVAL:
The Interim City Manager will execute the Agreement.
38 ATTACHME,NT 1
\\nas l\shared\Forms & Templates
39 Cify Council Staff Report
Attachment A
40 ATTACHME,NT 2
\\nas l\shared\Forms & Templates
41 RESOLUTTON NO. 2on-53
RESOLUTION OF THE CITY COUNCIL OF THE CITY APPROVING A
CONSULTANT SERVICES AGREEMENT WITH TRINITY CONSULTANTS, INC.
RELATING TO CONDITIONAL USE PERMTT 2O23.OI
WHEREAS, The City of Sanger has received an application for Conditional Use Permit No. 2023-01 from Algonquin Power Sanger, LLC ("Algonquin") regarding the expansion of annual run hours permitted at the existing Algonquin Power, LLC, power plant located at 1125 Muscat Avenue; and
WHEREAS; staff has determined that a professional consultant will be needed to conduct the review required by the Califomia Environmental and Quality Act (CEQA) and to supplement staff s work for the proposed project, and
WHEREAS, the City of Sanger has entered into an Agreement with Algonquin regarding the Conditional Use Permit, to make a deposit with the City of Sanger to reimburse the cost of the CEQA consulting services; and
WHEREAS, Trinity Consultants,Inc. has demonstrated satisfactory expertise rn preparation of CEQA documents and consulting services relevant to the project in question; and
WHEREAS, the City Council now desires to approve a consultant services agreement with Trinity Consultants, Inc., to provide CEQA consulting services relating to the Algonquin Conditional Use Permit No. 2023-01 application.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sanger as follows:
l The foregoing recitals are true and correct and incorporated by reference
2. The City Council approves an "Agreement For Consultant Services Between The City Of Sanger, California And Trinity Consultants, Inc. Relating To Conditional Use Permit No. 2023-01," attached as Exhibit "A," with Trinity Consultants, Inc. for CEQA Consulting services. The City Manager and/or designee is authorized to execute the Agreement on behalf of the City.
3. This resolution is effective upon adoption.
01236.0105/918132.1
*,1. * * rl. * rk * rt * !F !t * rl. * * *
42 The foregoing Resolution was considered by the City Council ofthe City of Sanger at a regular meeting of said Council held on the 7th day of September 2023 andapproved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
AITEST:
Rebeca Padron, City Clerk
01236.010s/918132.1
43 EXHIBIT A TO RESOLUTION
Agreement For Consultant Services Between The City Of Sanger, California And Trinity Consultants,Inc. Relating To Conditional Use Permit No. 2023-01 01236.Ot1s/9t8132.1
44 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SANGER,
CALIFORNIA AND
TRINITY CONSULTANTS,INC. RELATING TO CONDITIONAL USE PERMIT NO. 2023-01
THIS AGREEMENT is made and entered into effective on September 1,2023, ("Effective Date"), by and between the City of Sanger, a California municipal corporation (hereinafter referred to as "City"), and Trinity Consultants, Inc. (hereinafter referred to as "Consultant" or "Trinity").
RECITALS
WHEREAS, City has received applications from Algonquin Power Sanger LLC, c/o Algonquin Power Fund (America) Inc. ("Applicant" or'oAlgonquin") for a Conditional Use Permit (Conditional Use Permit No. 2023-01) for an expansion of the annual run hours project located in the City of Sanger on the south side of Muscat Avenue, east of Academy Avenue ("Project"); and WHEREAS, the City has determined that a California Environmental and Quality Act (CEQA) analysis is required for the Project; and
WHEREAS, Applicant has agreed to pay for Consultant's reasonable costs; and WHEREAS, Consultant represents that it is professionally and legally capable of performing the services called for by this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scone of Services. Consultant shall perform to the satisfaction of City the services described in the scope of work described in Exhibit A-1 and incorporated herein by reference, including all work incidental to, or necessary to perform, such services even though not specifically described in the scope of work. Consultant shall work solely under the general direction of the Community Development Director David Brletic, Senior Planner Derek Sylvester, and Contract Planners Karl Schoeffler and Tristan Suire in the preparation of the deliverables.
2. Term of Agreement and Time for Performance. This Agreement shall be effective from the Effective Date first set forth above and shall continue in full force and effect through the complete rendition of the services hereunder, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in paragraph I are to commence upon City's issuance of a Notice to Proceed and shall be undertaken and completed in a sequence assuring expeditious completion but not later than, January 1,2024.
3. Authorit), and Regulation of Communications. City shall have final authority to 0t236.0105/91637 5.1
45 approve the scope ofwork. The City shall coordinate all direct communication between Consultant and Applicant to obtain project information and/or make public presentations related to this Agreement. All documents or materials that Consultant prepares or obtains pursuant to this Agreement shall be the property of the City.
4. Compensation. City shall pay to Consultant for all work required under this Agreement as set forth in Exhibit A-1 attached hereto and incorporated by reference. As a condition to this Agreement, City and Applicant shall have executed a separate agreement regarding such costs. Under that Agreement, Applicant will deposit the amount set forth in Exhibit A-1 plus a l0o/o contingency in the total amount of $l 13,300.00. Any amount not used shall be returned to the Applicant.
5. Termination.
(a) This Agreement shall terminate upon completion of the Scope of Services, or by mutual agreement or it may be terminated by City with fifteen days' written notice. (b) Immediately upon any termination or expiration of this Agreement, Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all properties and materials in the possession of Consultant that are owned by City.
6. Confidential Information. Except as provided for in this section, any reports, information, or other data prepared or assembled by Consultant pursuant to this Agreement shall not be made available to any individual or organization by Consultant without the prior written approval of the City Manager or his designee; unless required by law.
Consultant will provide copies of administrative draft documents to Applicant concurrently with submittal to the City under the scope of work. Applicant's review comments on the administrative documents shall be submitted only to the City, within time frames established by the City and shall be forwarded to the Consultant for consideration as the City deems appropriate.
7. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Consultant represents to City that Consultant is skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Consultant to do and perform such services in a skillful manner and Consultant agrees to thus perform the services. Therefore, acceptance of such services by City shall not operate as a release of Consultant from said professional standards.
8. Indemnification. Consultant shall defend, indemnify, and hold harmless the City and its principals, directors, officers, and employees from and against claims, loss, liability, suit, and damages, including attorneys' fees to the extent caused by Consultant's negligent acts, effors or omissions, or willful misconduct.
9. Insurance. Consultant shallprocure the following required insurance Coverages at 0t236.O10s/91637 s.l
46 its sole cost and expense and maintain in full force and effect for the period covered by this Agreement such insurance claims for injuries to persons or damages to property which may arise from or in connection with negligent acts, errors or omissions in performance of work hereunder by the Consultant, his agents, representatives, employees, or subcontractors. (a) Minimum Scope and Limits of Insurance.
(l) Coverage shall be at least as broad as:
i. Errors and Omissions Insurance. Not less than $1,000,000 claim and $1,000,000 in the aggregate during the performance of this Agreement. The Consultant agrees to purchase and maintain claims made, effors and omissions coverage providing coverage for a minimum of two years after the completion of this contract. ii. General Liabilitv Insurance. Insurance Service Office form number GLS 0002 (Ed. ll73), or its equivalent, covering Commercial General Liability and Insurance Services Office form GL 0404, or its equivalent, covering Broad Form Commercial General Liability coverage ("occurrence" from CG 0001) not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. iii. Automobile Liability Insurance. Insurance Service Office form number CA 0001 (Ed. 1/78), or its equivalent, covering Automobile Liability, code I "any auto" and endorsement CA 0025, or its equivalent, not less than $1,000,000 combined single limit per accident for bodily injury and property damage.
iv. Worker's Compensation and Emplovers' Liability Insurance.
Workers Compensation Insurance limits as required by Labor Code of the State of California; Employers'Liability Insurance limits of $1,000,000 per accident.
(b) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved in writing by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
01236 .O105/91637 5 .1
(c) Other Insurance Provisions.
47 (l) General Liability and Automobile Liability Coverages.
The City, its officers, officials, and employees are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protections afforded to the City, its officers, officials, or employees.
ii. The Consultants' insurance coverage shall be primary insurance as respects the City, its officers, officials, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, or employees shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, or employees.
iv. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(2) Workers Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Consultant for the City. (3) All Coverages. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage, or in limits except after thirty (30) days' prior written notice has been given to the City.
(d) Acceptability of Insurers.
(l) Insurance is to be placed with insurers with a Best's rating of no less than A:VII. However, the minimum Best's rating required of the professional liability insurer is A:V.
(2) Any changes in insurance required herein must be approved in writing by the City Attorney's office.
(3) The Consultant shall provide certificates of said insurance prior to issuance of a "Notice to Proceed."
l.
01236.0105/91637 s.l
48 10. Conflict of Interest and Non-Solicitation.
(a) Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.).
(b) In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) If Consultant should subcontract all or any portion of the work to be performed or services to be provided underthis Agreement, Consultant shall include the provisions of this Section 10 in each subcontract and require its subcontractors to comply therewith.
I 1. General Terms.
(a) Records of Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Consultant pertaining to the Project shall be available for the purpose of making audits, examinationso excerpts, and transcriptions for the same period of time. (b) Prior to execution of this Agreement by City and Applicant, Consultant shall have provided evidence to City and Applicant that Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, Consultant shall require each subcontractor to provide evidence to City and Applicant that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the 01236.010s/9r637 s.1
49 foregoing and during the performance of this Agreement, Consultant agrees as follows
13. IndependentContractor
(a) In the furnishing of the services provided for herein, Consultant is acting solely as an independent contractor. Neither Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Consultant shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verifu that Consultant is performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between Consultant and City. Consultant shall have no authority to bind City absent City's express written consent. Except to the extent otherwise provided in this Agreement, Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Consultant shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing maffers of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Consultant may be providing services to others unrelated to City or to this Agreement.
14. Notices. Any notice required or intended to be given to any party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile to the facsimile number identified herein followed by transmission by United States registered or certified mail, with postage prepaid, return receipt requested, or by overnight delivery via a nationally or regionally recognized courier with confirmation of receipt, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.
15. Bindine. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties'respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 01236.0105/91637 5.1
50 16. Assisnment. This Agreement is personal to Consultant and there shall be no assignment by Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee.
17. Compliance With Law. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, Califomia.
20. Headines. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modiS or add to the interpretation or meaning of the provisions of this Agreement.
21. Severabilitv. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If any party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the 01236.0105191637s I
51 Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modifu the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiationso representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by City and Consultant.
IN WITNESS WHEREOR the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF SANGER CONSULIANT:
Trinity Consultants, Inc
By: /a/e',tL
By:
Greg Garner
Acting City Manager
APPROVED AS TO FORM
Name: Valerie N. Rosenkrantz
Title: Manaqins Consultant
Hilda Cantfi Montoy
CityAttorney
Attachments
l.
2. Exhibit A-l - Scope of Work and Compensation
Exhibit A-2 - Location Map
01236.0t0s/91637 5.1
52 EXHIBIT A-1 TO AGREEMENT
SCOPE OF WORK AND COMPENSATION
Trinity will perform the following scope of work:
Task 1- Project Kick off
In this task, Trinity will hold an initial kick off meeting via conference call. The purpose of this meeting will be to familiarize the project team with the proposed facility, discuss project scope, collect initial data and establish a project timeline. Following the meeting, Trinity will provide Algonquin with an initial request for information (RFI) to collect any information needed to prepare the CEQA project description and initial study / environmental checklist and air quality impact assessment (*AQIA"). If needed, Trinity may submit supplemental RFIs as the consulting services progress. Trinity will review technical data associated with the facility and proposed operations, proposed materials movements, equipment, including, existing equipment, permit information, equipment specifications, emissions data, site plans, regulatory requirements and other data relating to the proposed facility.
Trinity recommends then preparing a draft CEQA compliant project description. This task would include up to two team teleconferences to start off the project and prepare the RFI and then to discuss the draft project description. This task assumes one round of "reasonable" revisions for the CEQA project description. This proposal is based on an estimated effort of 46 labor hours for this task.
Task2-CEQAAQIA
Trinity proposes to prepare a new AQIA for the operations increase project following the project desuiption drafted under Task l.
Trinity will complete a comprehensive analysis of the air quality impacts to the San Joaquin Valley Air Basin as required by the SJVAPCD's Guide for Assessing and Mitigating Air Quality Impacts (GAMAQD and as stipulated by the City of Sanger Planning andZoning Division (SPZD). Due to the size and complexities involved in determining the impacts to air quality attributable to a development of this nature, the following tasks will be required to complete such an analysis:
r Conduct an extensive review ofthe proposed project's operational plans. o Conduct emissions modeling to predict criteria pollutant impacts using the latest SJVAPCD and California Air Resources Board (CARB) approved modeling programs. r Examine the project's predicted emissions thresholds based on California Environmental Quality Act (CEQA) and SJVAPCD air quality thresholds for operational emissions. o Review and determine the potential impacts the project may have based on the creation of, or increases in, Greenhouse Gas emissions (as identified in AB 32). This review will quantifi such emissions, to the extent possible, and evaluate various methods and means that are feasible and reasonable to mitigate the potential impacts.
r Conduct emissions modeling to predict health risks to nearest receptors based on projected impacts from Hazardous Air Pollutants using the latest SJVAPCD-approved modeling programs as required. Depending on project details used for the AQIA, multiple models may be required to accurately assess health risk impacts.
. Recommend limited project modifications to reduce excessive health risks associated with the proposed project if necessary.
01236.O105t91637 s.l
53 Determine potential air quality impacts relative to consistency with the San Joaquin Valley Air Quality Attainment Plan.
Determine potential air quality impacts to the local, state and federal Ambient Air Quality Standards posed by the project.
Review the cumulative impacts posed on the San Joaquin Valley Air Basin based on the analysis ofthe proposed project in conjunction with other approved and/or planned projects within a radius established by the SPZD. The proposed cumulative impacts analysis will evaluate cumulative criteria pollutant impacts as well as cumulative GHG impacts.
Provide limited comment and technical support as needed to support the project through the initial regulatory comment period.
This proposal is based on an estimated effort of l32labor hours for this task.
Task 3 - CEQA Initial Study
For the task, Trinity proposes to prepare a CEQA Initial Study (lS) environmental checklist for the operational increase following the CEQA Guidelines. Trinity will incorporate the project description drafted during Task I and prepare an Administrative Draft Initial Study (lS) to meet the requirements and guidance of City of Sanger (the CEQA Lead Agency) following CEQA Guidelines. The Draft IS shall consist ofi
. A Project Description and location, including location maps following CEQA Guidelines Section 15124.
o A discussion on agency authority and required permits/approvals. o An identification of the environmental setting.
. Overview ofcurrent operations and proposed Project.
o Construction schedule (assuming no construction as part of the operations increase). o Identify all discretionary permits or approvals as well as all Responsible Agencies. o An identification of the environmental effects of the project (using CEQA Guidelines format). . All checklist answers will be explained. The explanation will be more or less detailed depending upon the importance of the environmental topic to the proposed Project. . Environmental Factors Potentially Affected by the Project. o Environmental Checklist and Discussion.
o A discussion on mandatory hndings of significance and identification and discussion of mitigation measures necessary to reduce identified significant effects to a less than significant level.
. A summary of the air quality technical memo (to be prepared by Trinity). r A consistency evaluation of the project with respect to General Plans, zoning ordinance, and other pertinent plans and regulations.
o The name ofthe preparers ofthe IS and references used. o All environmental topics contained in the CEQA Guidelines checklist (including new regulatory requirements) and City of Sanger environmental procedures (where available).
The draft IS will additionally address:
e Relevant regulatory requirements of other agencies.
. Specific design and operational requirements included to meet Lead Agency and other regulatory requirements.
o How project design features avoid or minimize potential environmental effects. a
a
a
01236.O10st91637 s.t
54 Trinity will provide electronic copies of the administrative draft IS to City of Sanger and Algonquin for review and comments. One round of "reasonable" City of Sanger and Algonquin revisions to the IS are budgeted in this scope. All Lead Agency comments and suggestions will be incorporated to finalize the draft IS. Once the documents have been finalized, Trinity will provide final documents to City of Sanger and Algonquin for its use, including the technical air quality study (detailed above under Task 2).
This scope of work assumes there will be no construction activities associated with the operations increase and does not include special technical studies including but not limited to the following:
o Biological resources study
o Cultural Resources or paleontology study
o Traffic impact study (beyond the trip generation/VMT technical memo) . Odor assessments
. Complianceevaluations
. Energy assessment
o Geologicalevaluation
r Water modeling analysis
o Detailed Hazard and Seismic assessment
o Risk management and CaIARP modeling analysis
o Process safety and hazard analyses
o Soil sampling and assessment
o Vibration analysis
o Class I Area Impact Analysis
o Visibility and Deposition Analysis
o Stack Testing and Sampling
r Ambient Monitoring
o Fuel Sampling and Analysis
. Hazardous waste permitting
o Long-Range Transport Modeling Analysis using CALPUFF or CAMx, etc.
This task includes preparation and distribution of AB 52 notification, and compliance, if required. This proposal is based on an estimated effort of 199 labor hours for this task.
Task 4 - CEQA Determination
Following review and comments on the CEQA Project Description, the CEQA Initial Study, and the CEQA AQIA, the CEQA Lead Agency will make a determination regarding the CEQA compliance path and the scope of the documents to support that compliance path. Based on discussions with the City of Sanger, we anticipatethat a Mitigated Negative Declaration (lvtND) or Focused Environmental Impact Report (EIR) could be potential CEQA compliance pathways. Additionally, if supported by substantial evidence, there is a potential that the City of Sanger could choose a CEQA Addendum as the CEQA pathway. Given the existing record was prepared in the 1990s, additional technical analysis is needed so Sanger may consider whether an Addendum pathway could be supported.
After the City of Sanger, as CEQA Lead Agency, has made its determination on the CEQA process it chooses to pursue, then Trinity will prepare a supplemental scope and cost estimate for the additional services identified atthat time. This task would include up to two team teleconferences. This proposal is based on an estimated effort of 24labor hours for this task. 01236 .010s/91637 5 .1
55 PROJECT COST ESTIMATE
The proposed costs for the Scope of Work noted above are as follows:
Task Description Estimated Cost
1 CEQA Project Kickoff $13,500
2 CEQA Initial Study and CUP Support $49,800
3 CEQA AQIA $32,400
4 CEQA Determination $7,300
Total Cost Estimate $103,000
Should the City of Sanger or Algonquin staff request additional services outside the above proposed scope of work (e.g., additional technical studies), these additional services could be provided on a time and materials basis. Trinity will inform Algonquin immediately if any requests are outside this proposed scope of work.
Trinity shall begin work for this project immediately upon receipt of work authorization in the form of a Purchase Order or another form of written work authorization. The cost above does not include agency fees.
Valerie Rosenkrantz, Trinity's West Region CEQA expert, will lead the CEQA project description, Initial Study and CEQA Determination tasks and Matt Daniel, Trinity's AQIA expert, will lead the AQIA task.
01236.01ost91637 s.t
56 EXHIBIT 4.2 TO AGREEMENT
LOCATION MAP
htNrBNAt NdtotrysdJxatubbN*td.tgryv4
4.rd.wtdM3dkdtuNw'ot44o.MMtu
M4n I
(tb
SUBDIVIDED LAND & POR, SEC'S. 25 A 14 5., R.26, T.
/a*\
\ rzs,l
E., M. D. B. & M. 332-01
I
'{,
B'
rj';a
(Et
.t
0lt
,"1" Qt
/eis
\ s.?s,l
67 -l
z5l r
/0 71
bc. 79117.7-t&14An6date Egales. fr No. 2251 - pd Parcat MsD No. 83-2, 8k.41, Pg, Btt 25. pa.43 Peel Map No.8$3, Bk 43. Pg.
Pat@l Map No 3159.8k23, N. 55 Pa@t M6p No.87-2, 8k.48, tE.
Pat@l M rp No. 5762. Bk 37, Pg. 56 Parcel Mdp No, 88-1, Bk. 48, P g. 62 tg
PaMl Mw I'lo. E9-1 , th. !,0, Ps, 27
PaM! Map No. 2017-i2, Bk.74, fu'
Catt- ol Par6l Mw Wilvot lJo. t 2-2 l,
RMtd ol SMy Bk. di Pg. 70
M Ar#r&*r/.rfu6MrEW@btulffihb(*
Alvssd'sl/4Am32-P9.04
Counly of F@o, C?tr.
at .b
liit
01236 .0105/91637 s .l
57 For the Meeting of: October 5,2023
Agenda Item No.
lJ -lCrrYoF SINGER
To:
From:
Subject:
RE,PORT TO THE, CIry COUNCIL
Mayor and Council Members
Joshua Rogers, City Engineer
Public Hearing - Community Development Block Grant (CDBG) Program 202412025 Fiscal Year Allocation
Attachment:
1. CDBG Program Description
2. CDBG Eligibility Map
3. Medrano Park - Area Map
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council, after conducting a Public Hearing, approve the Medrano Park Improvements Project as the City's CDBG project for Fiscal Year 202412025.
EXECUTIVE SUMMARY:
On July 20, 2023, Staff brought an item before Council seeking consensus on submittal of a Community Development Block Grant (CDBG) funding application for the Medrano Park Improvements Project. After Council provided consensus on the project, Staff prepared and submitted the application to the Fresno County Community Development Division, who oversees the County CDBG program, for their review. The County recently provided a conformity determination on the application, confirming that the project meets the guidelines for the CDBG program. To complete the application process, the City must hold a public hearing to gain any additional public comment on the proposed project prior to final approval.
Prepated by: Toshua Rosers Approved by:
REVIEW: City Manage ,t /{Q- Finance: Citv Attornev:
TYPE OF ITEM:
Consent
Info Item
Action Item
Department Repot
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
X
X
Public Hearing
Mattet Initiated by a Council Membet
Other
Continued to:
58 BACKGROUND
The CDBG program is a federally assisted program administered under the Department of Housing and Urban Development (HUD), which began inl974 and has focused on addressing housing and community development needs of low and moderate income neighborhoods. The County of Fresno receives an annual allocation of CDBG grant funds from HUD and makes a portion of these grant funds available to each of its participating cities based on the same HUD formula by which the County receives its funding.
Each City participating in the County's CDBG program is invited to submit activity proposals for its portion of the CDBG grant funds. The six participating cities include the cities of Sanger, Kerman, Kingsburg, Mendota, Reedley and Selma. See the attached progftrm description for the list of activities eligible for the funding (Attachment l), and the map of eligible project areas (Attachment 2).
Staff s recommendation at the July 20th Council meeting was to fund park improvements at the existing park(s) located at the southwest corner of 8ft Street and Quality Avenue (Attachment 3). Medrano Park and Medrano Basin were developed in the mid-90s with the adjacent subdivision known as Orchard Estates. The property to the east remained vacant until the development of the Olive Glen Subdivision in 201812019. The area south of 8ft Street, north of 9ft Street and west of Quality Avenue had originally been dedicated to the City with the approval of the final map for the subdivision in the mid-2000s.
During the process of development of the open space/park on this lot, the City decided to build Well No. 16 on the northerly part of the property. The developer was directed to develop the southem half of the lot as previously planned, while the City would complete the northem half at some point following the completion of Well 16, which is now done.
Staff has preliminarily identified the following park improvements which could be funded with the planned $25 0,000 allocation:
. Trail along fence connecting 8th and 9th Streets;
. 1-3 fitness elements along the trail;
. Waste receptacles at both ends of the trail;
. 2-3 benches along the trail;
. Edge landscape along the trail;
. Foundation/screening landscape around the well site;
. Trail lighting.
These improvements could consist of a first phase of improvements while additional future improvements could include play structures, additional concrete flatwork and other amenities. Following final approval of the project application, Staff will develop a site plan for the proposed improvements prior to commencing any final design efforts.
Staff prepared and submitted the CDBG application for the Medrano Park Improvements Project to Fresno County in July 2023. This public hearing is required to complete the application process.
REASON FOR RECOMMENDATION:
Staff s recommendation is based on several criteria:
1. The project is included in the adopted CIP;
2. Funding opportunities for park improvements can be limited, while street and utility funding is generally more available;
3. The park space in this area is currently unfinished and there is no confirmed source of funding yet \\nas I \shared\Forms & Templates
59 to complete the improvements;
4. The County has determined that the proposed project is eligible under the CDBG program FISCAL IMPACT:
Staff will refine aproject scope to most fully utilize the $250,000 in CDBG fi.rnding, including the use of additive or deductive altemates, as needed. If any additional matching funding were to be utilized, this would be brought back before Council at a future time.
ALTERNATIVES:
Council can approve a project or projects other than the recommended project. However, delays could result from Fresno County stafls review process on any projects which were not included in the application which has been preliminarily approved.
ACTIONS FOLLOWING APPROVAL:
City staff will notifu County staff of the project approved by the City Council for 202412025 CDBG funding. County staffwill then begin their environmental review procoss on all projects to be included in the program. It is anticipated that a draft Agreement for the project will be available for City Staff review in July of 2024.
\\nas l\shared\Forms & Templates
60 ATTACHME,NT 1
\hasl\shared\Forms & Templates
61 Appendix 2
coMMUNrTy DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
The CDBG Program, initiated in 1974, is a federally assisted program administered through the u.S. Department of Housing & Urban Development (HUD). under the Program, participating cities are entitled to receive a certain annual allocation for various housing and community development activities. The following is a list of eligible and ineligible activities. ln addition to eligibility, a proposed activity must be determined to meet a National Objective, which analysis is performed by Community Development staff.
ELIGIBLE ACTIVITIES
Public Facility and lnfrastructure lmprovements
(includes acquisition, construction, reconstruction, rehabilitation or installation of the following types of activities on publicly-owned infrastructure and facilities) A. Water System lmprovements - Acquisition of private systems, installation of new systems, extensions to under-served areas and improvements to existing systems.
Sewer System lmprovements - Extensions to non-sewered areas, replacement of existing lines, connections of private properties, and improvements to sewer treatment plants.
Street and Drainage lmprovements - Drainage basins and lines, streets, curbs, gutters, sidewalks, lights, bridges, and canal undergrounding.
Fire Protection lmprovements - Fire stations, hydrants, and fire protection equipment.
Neighborhood Facilities - Single or multi-purpose facilities to provide health, social, recreational, or similar services as well as branch libraries and facilities for specific groups, such as senior citizens and the handicapped.
Parks & Recreation Facilities - Site acquisition, development and improvements to new and existing parks, playgrounds and other recreational facilities.
G. Solid Waste Facilities & Equipment
2024-2025 Community Development Block Grant Application Participating Cities
B"
c.
D
E
F
62 H. Removalof Architectural Barriers (curb cuts, park improvements, and improvements to public buildings to meet ADA requirements) l. Energy Conservation Measures
Housing Rehabilitation and Down Payment Assistance
Rehabilitation of properties including privately owned homes and commercial or industrial building
Down payment I mortgage assistance
lll. SpecialEconomicDevelopment"
o Grants, loans, loan guarantees, interest subsidies to businesses r Business incubator construction
lV. Public Services
. Employment Training
r Crime Prevention
r Child Care
r Recreation, Senior and Youth Center programs
. Help for the Needy/Homeless
V. Historic Preservation
Vl. Property Acquisition and Disposition
Vll. Property Clearance
Vlll. Targeted Proactive Code Enforcement
lX. CommercialorlndustrialRehabilitation
* Requires supplemental Forms, contact community Development office 2024'2025 Community Development Btock Grant Application Participating Cities
o
a
63 INELIGIBLE ACTIVITIES
Activities involving the following are ineligible activities under the CDBG Program:
l. Civic Buildings - such as city halls, courthouses, police stations ll. Operating and/or maintenance expenses
lll. Politicalactivities
lv. Purchase of equipment - furnishings and personal propefi (except for fire protection equipment)
V. New housing construction - except under conditions identified in Section 570.207(b)(3) of the CDBG Program regutations (Contact County staff) 20u-2425 community Development Block Grant Application pafticipating cities
64 ATTACHME,NT2
\\nasl\shared\Forms & Templates
65 I
I
I
I
I
I
I
a
--i
'i-H
il
,a
P
I
j i rilir;r l'
i .: ::j J
t
t
I I
i
I
II
1 lr: i: I li.ij l
100-2i
::iil
.aa
t at t
I
I
I
I tQ
N
. tlr,] lt
n 062A1 a
I
l
:
II AVE
II I
I
rlrrrr
T
I
I
l
Il
1.ft
/e/a
ll.-.-
t
I
t
I
I
t
I
I
I I
I I
a T
I
I
I
lllllrl
I
I
I
,a
I
f-]l city l-imitt J] I sro.r Group Boundaries
!.'j Spf'"r" of lnfluence Eligible Block Areas
Eligible CBDG Block Groups,2019 HUB LMI
2011-2015 ACS
City of Sanger
0 I
1,050 2,100 .71r Yarnahe I Horn,Nz Engineering, lnc.
( /v/l l N{ lNllRS . 1..\N/) Jl/R\'/ \()lt5-Feet
66 ATTACHME,NT 3
\\nas I \shared\Forms & Templates
67 Legend
Undeveloped
Street Frontage
Well 16
.&.
Undeveloped
Area of Park
Developed
Area of Park
Medrano Park
Medrano Storm
Drain Basin
Medrano/Olive Glen Park
!,.
68 SA NG
,,,,;:1,,,,
ER
For the Meeting of: October 5,2023
Agenda Item No.
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
H'a
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
David Brletic, Community Development Director
Implementation of Zoning Map Amendment No. 2023-01, to change the zoning of real property from the C-4 (General Commercial) district to the C-M (Commercial and Light Manufacturing) district consistent with the General Plan designations for the properties. (APNs: 320-01 l-Il , 320-01 1 - 1 9, &320-0ll-21) (1) OrdinanceNo.2c2SaS (including Exhibit A - APN list and Map of Impacted Parcels)
(2) Planning Commission Resolution No. 2023-09
F INTEREST:
None known.
RECOMMENDATION:
That the City Council conduct the public hearing, waive the full reading, and introduce Ordinance No. _ )o2l-e8-amending the City of Sanger Zoning Map, to change the zoning of real property from the C-4 (General Commercial) district to the C-M (Commercial and Light Manufacturing) district consistent with the General Plan designations for the properties. (APNs: 320-0ll-17,320-0ll-19, and 320-0ll-21) EXECUTIVE SUMMARY:
The Zoning Ordinance Map Amendment has been submitted by the applicant to rezone the subject property, located on the west side of L Street, south of 7th Street (APNs 320-0Tl-17,320-01 1-19, & 320-Ul-21), from C-4 (Central Commercial) to C-M (Commercial and Light Manufacturing). This rezone will maintain consistency with the Sanger General Plan, which designates the property as "Commercial - General", which is consistent with the C-M district.
Prepared by: Approved by:
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM:
X
Consent
Informational Item
Action Item
Department Repott
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
69 BACKGROUND:
The City has received an application for aZoning Ordinance Map Amendment for a property located on the west side of L Street, south of 7th Street, in the southeast quadrant of the City. The project as proposed would result in the rezoning of the land in order to achieve consistency between the existing use and the permitted uses of the zoning district. The existing use is a contractor yard used by the applicant, Sanger Fence, Inc. Contractor yards are not a permitted use in the C-4 district, however are permitted in the C-M district. The change in land use district will bring the existing uses into compliance with the City's zoning ordinance. No development is proposed at this time. Any future development will comply with the development standards of the C-M district.
The diagram below shows the properties proposed for change in zone designation to be consistent with the existing use. Zoning consistency with the 2035 General Plan is necessary to allow change of use and/or development ofthe properties affected. The application for ZoningOrdinance Map AmendmentNo. 2023- 01 has been prepared and submitted by Samuel Z. & Cltristina R. Renteria/BJ & IM Bubenik Trust. The application is for the purpose of bringing properties into zoning consistency with the existing use.
The City of Sanger Planning Commission recommends adoption of Ordinance No. XX. Planning Commission recommendation is contained in attached Planning Commission Resolution No. 2023-09, adopted August 24, 2023.
Three narcels to be hishlishted in red.
REASON F'OR RECOMMENDATION:
Ordinance No. XX brings the existing use into consistency with the zoning designation, and with the 2035 Sanger General Plan as required by state law.
FISCAL IMPACT:
No fiscal impact.
70 ALTERNATIVES:
The City Council may choose not to introduce Ordinance No. 2023-XX. However, the subject property would remain a legal non-conforming use.
ACTIONS F'OLLOWING APPROVAL:
If introduced, the Ordinance will be placed on the next regular meeting's agenda for adoption. 71 ORDTNANCE NO. 20x,- oE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER ADOPTING CHANGE OF ZONING ORDINANCE MAP AMENDMENT NO a3-OI,AMENDING THE OFFICIAL ZONE MAP REZONING REAL PROPERTY FROM TIilf,'"C. " (GENERAL COMMERCIAL) DISTRTCT TO THE 66C-M" (COMMERCIAL AND
LIGHT MANUFACTURING) DISTRICT, FOR THREE PARCELS LOCATED ON THE WEST SIDE OF L STREET, SOUTH OF 7TH STREET, ASSESSOR'S PARCEL NUMBERS 320-01 1- 17, 320-0ll-19, & 320-0tt-21), CONTAINING APPROXIMATELY
1.16 ACRES.
WHEREAS, Sanger Fence Company, Inc., submitted an application for Zoning Map Amendment No. 2023-01, to rezone real property (APNs: 320-0ll-17, 320-0Il-19, & 320-0ll- 2l) from the C-4 (General Commercial) district to the C-M (Commercial and Light Manufacturing) district to make the existing uses on the property consistent with the City's zoning ordinance; and
WHEREA$ theproject site was designated as "General Commercial" in the2035 General Plan, which is consistent with both the C-4 (General Commercial) and C-M (Commercial and Light Manufacturing) district; and
WHEREAS, Califomia Land Use Regulations require zoning to be consistent with the General Plan; and
WHEREAS, the Planning Commission of the City of Sanger did conduct a public meeting in the Council Chambers of the Sanger City Hall in Sanger, California, on August 24, 2023, to consider Zoning Ordinance Map Amendment No. 2023-01, submitted by Samuel Z. & Christina R. Renteria/B J & I M Bubenik Trust, to rezone real property for three parcels within the City to be consistent with their existing use and General Plan designation; and WHEREAS, the Planning Commission recommended the City Council approve Zoning Ordinance Map AmendmentNo. 2023-01; and
WHEREAS, the ZoningOrdinance Amendment intended to facilitate consistency between the existing use and the zoning district is considered a "project" by California Environmental Quality Act (CEQA); however, under CEQA Guidelines 15061(bX3), this project is subject to the "general rule" or "common sense" exemption, as it can be seen with certainty that there is no possibility that the rezone may have significant environmental effect; and WHEREAS, the City Council of the City of Sanger conducted a public hearing on October 5,2023, in the Council Chambers of the Sanger City Hall in Sanger, California, to consider Zoning Ordinance Map Amendment No. 2023-01as required by law.
72 The City Council of the City of Sanger does ordain as follows:
Section 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.
Section 2. CEQA. The City Council finds that under CEQA Guidelines 15061(bX3), this project is subject to the "general rule" or "common sense" exemption, as it can be seen with certainty that there is no possibility that the rezone may have significant environmental effect.
Section 3. Zoning Amendment Consistency. The City Council finds that the proposed zoning map amendment is consistent with the goals, objectives, and policies of the Sanger General Plan. In this regard, the City Council finds that public necessity, convenience, general welfare, or good zoning practices justifu adoption of Zoning Ordinance Map Amendment No. 2023-01.
Specifically, the change of zoning districts is consistent with the General Plan goals and policies, any operative plan, or adopted policy, and specifically implements the planned land uses in the General Plan. (See also General Plan p. 2-38.) The changes are 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 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 retail, commercial, and public facilities, consistent with the General Plan including the Master Plan.
Section 4. Approval. The City Council adopts ZoningOrdinance Map Amendment 2023-0I, with the APN numbers and a map depicting the parcels set forth in Exhibit "A" to this Ordinance. Exhibit A is incorporated by reference.
Section 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.
Section 6. Effective Date. This Ordinance shall take effect on the thirty-first (31st) day after its adoption.
Section 7. Publication. The City Clerk is authorized to cause this ordinance or a sunmary 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.
73 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on October 5 , 2023, and was passed and adopte d at a regular meeting of the City Council held on 2023,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
Rebeca Padron
City Clerk
Frank Gonzalez,Mayor
City of Sanger
74 c f, lr/'t\!
Exhibit A
Change of Zoning Districts
Zoning Ordinance Map Amendment 2023-01- Sanger Fence Rezone, Assessor Parcel Numbers : 320-0ll-17, 320-0 1 1-1 9, & 320-0 1 1-2 1 Change of Zoning Districts for APNs 320-0ll-17,320-011-19, and 320-011-21 from the C-4 General Commercial District to the C-M Commercial and Light Manufacturing District R.R.R.M. THRU POR. gEC.'s 14, 15 & 23, T.14 5., 8.22 E,, M.D.B.&M..._ t@fE -., hh ndp lt tu Ar..tq.nl NPt6t W
u i6 Nt to b e.ttud 4 NtWb@otuffirqMt@td@tq
ws at N@ d ffitb tu.
,..I;;l
t, 1?Ytu
I
i clfv oF
I srrorn
i-G'
IBOVE 5@
320-01
dib
@o
@)
at(0
cd
69 @D
@)
I
Parcel Map No. 75-3 - Ak. 1 I,
Pffiel Map No. 76.2 - Bk. 20,
Pg. 83
Pg. 20
Par@l Map No. .1 . Bk. 57, Pg. 37
Parcel Map No. 201d02 - 8R.76, Pg.8+84
Racodot SuNey - Bk.43, Pg. 47
Record ol SuNay - Bk. 44, Pg. 72
Rqud ot SuNey - Bk. 47, Pg. 56
RMtd ol Suruey - Bk. 50, Pg. 88
Rfrordol SuN6y - Bk 58, Pg, 26
S.R.A. . SANOER REDEVELOPMENT AAErcY
{OtE - Ass63@t dd N@@t Shoqt tn Eilt@'
Assassd s PEtd Nn@. SDN. h C&t.6.
Assessor's Map 8k.320- Pg. 01
Countv ol Frcsno. Calll.-O
75 CITY OF SANGER
PLANNING COMMISSION
RESOLUTION NO. 2023.09
ZONING MAPAMENDMENT NO. 2023.01
A RESOLUTION OF THE PLANNING COMMISSION OF' THE CITY OF
SANGER RECOMMENDING THE CITY COUNCIL OF THE CITY OF SANGER ADOPT AN ORDINANCE APPROVING ZONING MAP AMENDMENT NO. 2023. 01 - zoNING DESTGNATTON CHANGE FROM GENERAL COMMERCTAL (C- 4) DTSTRTCT TO THE COMMERCTAL AND LrcHT MA|IUFACTTJRTNG (C-M) DISTRICT, FOR ASSESSOR'S PARCEL NUMBERS 320-011-17,320-0tt-19n & 320-0ll-21, SANGER, CA 93657, AND ADOPT AN EXEMPTION UNDER CEQA GUTDELTNES 1s061(bx3).
WHEREA$ Sanger Fence Company,Inc, submitted an application for Zoning Map Amendment No. 2023-01, to rezone real property (APNs: 320-0ll-17,320-011-19, & 320-0ll-21) from the C-4 (General Commercial) district to the C-M (Commercial and Light Manufacturing) district to make the existing uses on the property consistent with the City's zoning ordinance; and WHEREA$ the project site was designated as "General Commercial" in the 2035 General Plan, which is consistent with both the C-4 (General Commercial) and C-M (Commercial and Light Manufacturing) districts; and
WHEREA$ California Land Use Regulations require zoning to be consistent with the General Plan; and
WHEREAS, the Zoning Ordinance Amendment intended to facilitate consistency between the existing use and the zoning district is considered aooproject" by California Environmental Quality Act (CEQA); however, under CEQA Guidelines 15061(bX3), this project is subject to the "general rule" or "common sense" exemption, as it can be seen with certainty that there is no possibility that the rezone 01,236 .01,05 / 915 07 3 . 1
76 may have significant environmental effect; and
WHEREA$ the Commission reviewed the staff report prepared for Zoning Amendment N o.2023- 01, and heard public testimony offered at the public meeting on the request to rezone real property (APNs:
320-011-17, 320-011-79, & 320-011-21) from the C-4 (General Commercial) district to the C-M (Commercial and Light Manufacturing) district; and
WHEREAS' the Planning Commission now desires to recommend the City Council approve ZoningAmendment No. 2023-01 and adopt a Finding of Consistency consistent with the requirements of CEQA.
NOW' THEREFORE BE IT RESOLVED by the Planning Commission of the City of Sanger as follows:
L 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. CEOA. The Planning Commission recommends the City Council find the project is exempt under CEQA Guidelines 15061(bX3), as this project is subject to the "general rule" or "common sense" exemption as it can be seen with certainty that there is no possibility that the rezone may have significant environmental effect because the proposed project merely rezones the property to another zoned district that is also consistent with and contemplated by the General Plan and which does not have any additional significant impacts above the current zoning district, and is consistent with the existing uses on site, which if changed would be subject to separate environmental review.
3. General Plan Consistency. The Planning Commission finds that the proposed zoning map amendment is consistent with the goals, objectives, and policies of the Sanger General Plan. In this regard, the Planning Commission recommends the City Council find that public necessity, convenience, general welfare, or good zoningpractices justi8r adoption of Zone Amendment No. 2023-01. Specifically, the change of zoning amendment is consistent with the land uses contemplated for the property.
Additionally, it the change of zoning amendment consistent with the General Plan goals and policies, any operative plan, or adopted policy, and specifically implements the planned land uses in the General Plan. 0L236.0t05 /915073 .1
77 The changes are also consistent with the purpose of the zoning ordinance to promote the growth of the City in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoningpractices to achieve the balance ofland uses desired by the City and to provide sites for needed retail, commercial, and public facilities, consistent with the General Plan, and brings the existing use of the property into conformance with the zoning ordinance.
4. Recommendation for Approval. The Planning Commission recommends the City Council adopt an ordinance approving Zoning Amendment 2023-01to rezone real property (APNs: 320- 071-17,320-011-19, &320-011-21) from the C-4 (General Commercial) district to the C-M (Commercial and Light Manufacturing) district as set forth in Exhibit ".L" attached hereto.
5. Effective Date. This Resolution shall take effect immediately. * {. {. {. X. * * * * * {. * t< {< * + *
I HEREBY CERTIFY that the foregoing is a full, true, and conect copy of a Resolution duly and regularly adopted and passed by the Planning Commission of the City of Sanger, California, at a meeting held on the 24ft day of August 2023, by the following vote:
AYES: CHAIR KEVEN CARTER, COMMISSIONER VICTOR ECHEVERzuA,
COMMISISONER ANTONIO AGUILAR, COMMISISONER MARY LOPEZ
NOES: NONE
ABSENT: VICE CHAIR KEN GARCIA, COMMISSIONER DREW ESQUER,
COMMIS SIONER KARI DANISKA
ABSTAIN: NONE
4,vf4fL,
David Brletic
Secretary of the Planning Comrnission
of the City of Sanger
fit***'Dated: August 24,2023
01236 .01-05 / 915 07 3 . 1
78 Exhibit A
Existing and Proposed Zoning Districts
Zoning Amendmen t 2023 -01 - Sa n ger X'ence Rezone, Assessor Pa rcel Numbers : 320-011-17, 320-01 1-1 9, & 320-011-21
Existing Zoning Designation : C-4
Proposed Zoning Designation: C-M
{
I
E HI
IR
I
I
EI HI
flffi
IR
1l
If1
01236.0L05/91s073 . l-
79 For the Meeting of: October 5,2023
Agenda Item No.
CrrYoF SINGER
RE,PORTTO THE, CITY COUNCIL
f,.-t
To:
From:
Subject:
Mayor and City Council Members
Greg Garnero Chief of Police
Veterans Day Parade Sponsorship
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
That the City Council provide direction to staff on whether the City of Sanger should provide up to $10,000 in funds to assist with the Veterans Day Parade event and if so, authorizingstaff to conduct due diligence regarding a potential organization and to enter an agreement with such organization.
EXECUTIVE SUMMARY:
The Sanger Veterans Parade committee has stepped away from organizing fund raising, planning, and executing what would be the 13th annual Veterans Day Parade in downtown Sanger. In their absence, the City Council may decide to provide financial assistance to another willing and able organization to orchestrate the event with up to $10,000 in one-time funds.
BACKGROUND:
The deadline for submitting an application for aparude event in the city would be October 5,2023, at 5 pm. This application would also require a drafttraffic plan for review with Sanger PD. As of September 26,there have been no applications submitted. Should the funds be made available, an interested party with the capacity to prepare the event would need to come forward immediately and request assistance with the event.
Prepared by: Patrick Chaffee. Administrative Services Approved by:
REVIEW: City Manager: (/" Finance: Citv Attornev:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION :r]L
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
80 F'ISCAL IMPACT:
There were no budgeted funds made available in the 2023-2024 annual budget to sponsor events like the Veteran's Day Parade. Allocating funds would require identifying additional revenue to cover, or finding savings within the budget that may be reallocated. Should Council decide to support the event, staff recommends reallocating the remaining funds from council initiatives as identified in the June Budget Presentations, OR reprioritizing one-time salary savings in an amount not to exceed $10,000.
ALTERNATIVES:
City Council may decide not to provide funds.
ACTIONS F'OLLOWING APPROVAL:
Upon City Council approval, up to $10,000 in financial assistance would be made available to an interested party thatwould like to organize, plan, and execute the event. Approval of this assistance for an approved interested party would be at the Interim City Manager's discretion after review.
Making these funds available will not guarantee that the Veterans Day Parade will be held, only that the City could make resources available to help if an organization were to make the request. Funds would be available for distribution only after an organization has submitted and received approval of a timely application and would not be distributed should the event be cancelled. \\usl\shared\Forms & Templates
81 SANGER
For the Meeting of: October 5,2023
Agenda Item No.:
CrrY oF SINGER
RE,PORT TO THE, CITY COUNCIL
7-L
To:
From:
Mayor and Cify Council
Becky Padron, City Clerk/Deputy Personnel Officer
Hilda Montoy, City Attorney
Salary Range for the City Manager PositionSubject:
Attachments: 1. Resolution No.2P23 -1+_Updating the Salary Range for the City Manager Position
2. Resolution No.2021-74 Updating Salary Schedule for City Manager Position (adopted December 16, 2021)
CONFLICT INTEREST:
None known.
RECOMMENDATION:
That the Council consider the current salary range for the position of City Manager, and if Council decides to amend the range, consider options, and adopt Resolution No}pp&_updating the salary range for the position of City Manager.
EXECUTIVE SUMMARY:
The Council authorized a recruitment for a permanent City Manager. State law requires a salary range as part of the recruitment process. In an effort to offer a comparable salary, the Council may consider amending the current salary range. If Council chooses to amend the range, the new salary range will be posted on the recruitment brochure and will provide the Council a range in which to negotiate a salary for a City Manager. If Council does not establish a new range, the recruitment brochure will reflect the current salary range.
Prepared by: Reckv Padtnn Approved by:
REVIEW: City Manager:_ Finance: Citv Attornev:
TYPE OF ITEM:
-x-\a
Consent
Info ltem
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: - APPROVED - DENIED - NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
82 BACKGROUND:
The California Labor Code was amended this year to require that pay scales be posted in recruitments and be provided to applicants upon request.
The chart below indicates the current annual and monthly salary ranges for the city manager position in neighboring cities.
Annual Salary Ranges:
Kingsburg S rzs,szs
Sanger $ tqt,BzS 5 tll,loo
Dinuba S t6z,aog 5 t7o,L48 s L78,t76 S 186,456 s 195,084 Reedley $ 216,6s8
Selma s 220,500
Monthly Salary Ranges:
Kingsburg S tq,627
Sanger S rr,srg S M,tts
Dinuba S 13,534 5 t4,r79 S 14,843 S rs,sgg 5 16,2s7
Reedley s 18,055
Selma S 18,37s
The Council may consider amending the current salary range by a percentage. The chart below identifies increased ranges in 5o/o increments. Council may select one of these ranges or another range.
Annual Monthl
Current $ L4L,828 $ u7,300
5% lncrease S t+8,9t9 s 186,165
10% lncrease 5 t56,ott s 195,030
15% lncrease s 163,102 $ 203,895
20% lncrease 5 tto,tgq $ 212,760
25% lncrease 5 L77,285 5 22t,62s
We note that the current salary ranges listed in the chart above reflect a salary range that became effective on January 2I,2023 per Resolution No. 202I-74, and per the Resolution an updated salary range would become effective on January 21,2024.If Council decides to update the current salary range, ResolutionNo.202l-74 will be rescinded. A copy of ResolutionNo. 202I.74 is attached for reference.
REASONS FOR RECOMMENDATION:
Current S 11,819 $ t4,77s
5% lncrease 5 r2,4t0 S rs,sr+
10% lncrease s 13,001 S ro,zsg
L5% lncrease S rg,sgz S t6,99t
20% lncrease S i-4,183 5 L7,730
25% lncrease S 14,774 5 19,+og
A Salary Range will comply with state law and provide guidance for negotiating the salary of the City Manager position.
83 FISCAL IMPACT:
The fiscal impact for the 202312024 fiscal year depends on Council's decision whether to amend the current salary range. Based on the percentage chart above, the fiscal impact for FY 23124 could be between $3,546 and $22,164.
ALTERNATIVES:
Not adopt and provide different direction to Staff.
ACTIONS FOLLOWING APPROVAL:
If approved, the adopted salary range will be appeff on the recruitment brochure and the Council will utilize the range when negotiating the employment for the position of City Manager. 84 RESoLUTToN No. 2a>t - 5+
A RESOLUTION OF THE CITY COTINCIL OF THE CITY OF SANGER
UPDATING THE SALARY RANGE FOR THE POSITION
OF CITY MANAGER
WHEREAS' Section 2-89 of the Sanger City Code provides that the City Council shall determine and fix by resolution the salary of the City Manager; and WHEREAS' the City Council desires to update the salary range for the position of City Manager.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Sanger finds, determines, and orders as follows:
Section 1. The foregoing recitals are true and correct and incorporated by reference.
Section 2. The Council approves the salary range in the Salary Schedule for the posi- tion of City Manager as follows:
Position Salary Range
City Manager ${<*** 1O $x***t
Section 3. Resolution No. 2021-74 is hereby rescinded.
Section 4. This resolution shall be effective upon adoption. * {< * * * * * * :l< {< {< * 4< * * * *
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 5th day of October 2023, and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members:
Council Members:
Council Members:
Council Members:
AITEST:
Rebeca Padron, City Clerk
85 RESOLUTION NO. 2O2I_74
A RESOLUTION OF THE CITY OF SANGER UPDATING THE
SALARY SCHEDULE FOR CITY MANAGER POSITION
WHEREAS, Section 2-89 of the Sanger City Code provides that the City Manager shall receive such salary as the City Council shall from time to time determine and fix by resolution; and
WIIEREAS, the City Council desires to update the compensation range for the position of city manager.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, finds, determines, and orders as follows:
Section l. The foregoing recitals are true and correct and incorporated by reference.
Section 2. The Council approves the salary range in the Salary Schedule for the position of City Manager as follows:
Effective January 2 I, 2022 $11,53I - $14,415 permonflr Effective January 21, 2023 $ 1 1,8 19 - 814,77 5 per month Effective January 2I, 2024 S12,114 - $15,144 per month
Section 3. This resolution shall be effective upon adoption. ,< * * * * * * * * * * * t * {. rt d.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 16th day of December 2021, and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
MARTINEZ, G ARZA, MONTELONGO
ONTIVEROS, HURTADO
NONE
NONE
'rj I
Rebeca P. Ramirez, City Cletk
86