Sanger City Council
November 2, 2023

ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL LESS THAN 72 HOURS PRIOR TO A

REGULAR MEETING REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION, DURING NORMAL BUSINESS HOURS, AT THE CITY CLERK’S OFFICE & CITY HALL LOBBY LOCATED AT 1700 7TH STREET AND SANGER LIBRARY 1812 7TH STREET, SANGER, CA 93657. THE DOCUMENTS ARE ALSO AVAILABLE ON THE CITY’S WEBSITE, WWW.CI.SANGER.CA.US.

AGENDA

SANGER CITY COUNCIL

REGULAR MEETING

THURSDAY, NOVEMBER 2, 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. C ALL TO ORDER

B. OP

ENING CEREMONIES

Invocation
Flag Salute
Roll Call

C. AGE

NDA APPROVAL, ADDITIONS AND/OR DELETIONS

D. C

EREMONIAL MATTERS

1. Introduction of newly appointed Firefighters Julia Alonso, Wayne Clark, Caleb Nelson, and Sofia McWilliams.

E. P

RESENTATIONS

1. Introduction to the new audio/video system.

F. P

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

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

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 C ity Council Agenda
November 2, 2023

G. C

ONSENT 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 Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)

1. S
UBJECT: Mi nutes of the Special and Regular M eetings held on October 19, 2023.

R
ECOMMENDATION: That t he City Council approve.

2. S
UBJECT: Ordinance Approving Zoning Map Amendment No. 2023-01.

R ECOMMENDATION: That the City Council waive the full second reading, and adopt 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).

3. S
UBJECT: Approval of Final Parcel Map No. 2022-01.

R ECOMMENDATION: That the Ci ty Council adopt Resolution No. 2023-60 approving Final Parcel Map No. 2022-01.

H. P

UBLIC HEARING

1. S
UBJECT: P roposed Annexation of Property Within Tract No. 6327, Phase II of Tract 5826 into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, and to Establish a Levy of Assessments for the Annexed Territory (A
nnexation No. 23-01).

REC
OMMENDATION: That t he City Council conduct a public hearing and adopt Resolution No. 2023-61 confirming and ordering annexation into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, and establishing a levy of assessments for the annexed territory (Annexation No. 23-01).

I. D

EPARTMENT REPORTS

1. S
UBJECT: F açade I mprovement Grant Program - Review of Guidelines and Program Requirements.

RECOMMENDATION: That the City Council review the Façade Improvement Grant Program Application and Guidelines along with staff’s remarks regarding obstacles applicants and staff have been encountering with application submittals and provide direction to modify guidelines as necessary or keep existing requirements.
2 City Council Agenda
November 2, 2023

2. SUBJECT: Initiation of Vacation and Setting the Date, Hours, and Place for Public Hearing to Consider the Vacati on of an unnamed existing alley between Cherry and Edgar Avenues, and West of Academy Avenue.

R ECOMMENDATION: That the City Council:
(i) Adopt Resolution No. 2023-62, authorizing the initiation of proceedings to vacate a portion of the subject alley; and
(ii) Adopt R esolution No. 2023-63, which both accepts the report from the Planning Commission on the conformance of the proposed vacation with the City’s General Plan, as well as sets the date, hour, and place for a public hearing to consider whether to vacate a portion of the subject alley located between Cherry Avenue and Edgar Avenue, West of Academy Avenue and South of the already vacated portion of the alley.

3. SUBJECT:

Fire Department Strategic Plan.

RECOMMENDATION: That the City Council approve Resolution No. 2023- 64 authorizing a budget amendment in the amount of $30,000 to the current Measure “S” ten -year expenditure plan for the purposes of obtaining consultaing services to assist with developing a five-year strategic plan for the Fire Department.

J. CITY MANAGER/STAFF

COMMUNICATION

K. MATT

ERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Council Members to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)

1. SUBJECT: C
ity Council Meetings and Rules of Decorum.

RECOMMENDATION:

That the Council waive full reading and introduce Ordinance No. 2023-09 Amending Section 2 -26 of the Sanger Municipal Code and Adding Section 2- 30 Relating to Regular Meetings of the Council and Rules of Decorum at Meetings.

L. PUBLIC COMMENT PRIOR TO CLOSED SESSION
(This portion of the meeting is reserved for persons desiring to address the Council on an item which is to be considered during Closed Session. Speakers should limit their comments to three (3) minutes.)

M. CLOSED SESSION

1. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Interim City Manager, City Clerk/Deputy Personnel Officer, Lead Negotiator Shelline Bennett
Employee Organization: Sanger Firefighters Association

3 City Council Agenda
November 2, 2023

N. CITY ATTORNEY REPORT FROM CLOSED SESSION

O. 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 27th day of October 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 provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.

4 0-l
Minutes of a Special Meeting of the Sanger City Council THURSDAY, OCTOBER 19, 2023
5:30 PM

COUNCIL CHAMBER
1700 7rH Street, Sanger, Califomia 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 5:39 PM.

B. ROLL CALL

Present: Mayor Frank Gonzalez, Council Member Esmeralda Hurtado, Council Member Dolores Melendez

Absent: Mayor Pro Tem Daniel Martinez, Council Member Michael Montelongo C. AGENDAAPPROVAL
The Council by motion of Council Member Hurtado approved the agenda as posted. The motion was seconded by Council Member Melendez and approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

GONZALEZ, HURTADO, MELENDEZ
NONE
NONE

MARTINEZ, MONTELONGO
D. PUBLIC FORUM
None.

E. CLOSED SESSION
The Council adjourned to Closed Session at 5:41 PM.

1. Pursuant to Government Code Section 54956.95

LIABILITY CLAIMS
Claimant:Neida Olivo
Agency Claimed Against: City of Sanger
The Council reconvened their Special Meeting at 6:02PM.

F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Hilda Cantu Montoy announced:
o Mayor Pro Tem Martinez and Council Member Montelongo were absent from Closed Session.
o The Council on a vote of 3-0 approved payment of a claim for property damages in the amount of $538.32 submitted by Neida Olivo.
5 City Council Special Meeting Minutes
October 19, 2023

G. ADJOURNMENT
Being no further business, the Council adjoumed their Special Meeting at 6:03 PM.

ATTEST:

Rebeca Padron, City Clerk
6 Minutes of a Regular Meeting of the Sanger City Council

THURSDAY, OCTOBER 19, 2023
6:00 P.M.

COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657

A. C ALL TO ORDER

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

B. OP

ENING CEREMONIES

The invocation was offered by Pastor Paul Canaday.

The flag salute was led by Mayor Frank Gonzalez.

Roll Call

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

Absent: None

C. AGE

NDA APPROVAL, ADDITIONS AND/OR DELETIONS

The Council by motion of Council Member Montelongo moved Agenda Items G-1, G-2, and G-3 to be presented before Agenda Item E. Consent Calendar. The motion was seconded by Council Member Melendez and approved as amended by the following vote:

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

D. P

RESENTATION

1. Homelessness Work Group Update.

Police Commander Joshua Johnson provided an update on the Homelessness Work Group.

City Council Regular Meeting Minutes
October 19, 2023

E. PUBLIC FORUM

Unidentified audience member spoke of an ordinance that does not apply to her and, agreement that she has not yet seen but is required to provide a response by October 23 rd, and the
accompanying irrevocable life time lien that would transfer to heirs or new buyers.

Unidentified audience member stated he met with City staff every Tuesday for three months and everyone knew they were not subject to the ordinance.

Sharri Gumber-Carter stated she has been in communication with a volunteer at the animal shelter and was provided with a list of items needed at the shelter, which include heat during winter, air conditioner repairs or a new one, medical supplies, towels, blankets, more cages, tick and flea medicine and an addition to the structure. She asked Council to consider funding when the new budget rolls around.

Armando (with Council Member Hurtado translating) spoke of an incident in which his daughter was struck by a car at Annadale and Academy on her way home from school. He has not yet received the police report. He said the same officer that responded to the incident had previously issued him a ticket for a broken headlight.

Unidentified audience member said she is happy because Pastor Jacob cleaned the alley.

Unidentified audience member stated a Public Works employee named Daniel saved the lives of two people but has not been recognized for it.

F. CONSENT CALENDAR

The Council by motion of Council Member Montelongo approved the following items on the Consent Calendar:

1. SUBJECT: APPROVED - Minutes of the Special and Regular Meetings held on October 5, 2023.

2. SUBJECT: INFORMATIONAL ITEM - Warrants including Check Nos. 89877 through 90353.

3. SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 60512 through 61092; Payroll Check Nos. 59105 through 59243; and Benefit Check Nos. 1916 through 1931.

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

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

City Council Regular Meeting Minutes
October 19, 2023

6. SUBJECT: APPROVED - Acceptance of OTS-ABC Local Enforcement Grant 2023/2024.

The City Council adopted Resolution No. 2023-55 accepting grant from the California Office of Traffic Safety and Department of Alcoholic Beverage Control and approving a budget amendment to the FY 23/24 budget to record the receipt and appropriation of $25,000 from the grant award.

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

G. PUBLIC HEARING

1. SUBJECT: Ordinance Approving Zoning Map Amendment No. 2023-01.

The Council held a public hearing to discuss Zoning Map Amendment No. 2023-01.

Public comment:

Sam Renteria stated he has not given any campaign contributions to anyone.

Kevin Carter stated he is on the Planning Commission but these opinions are his own. He said the lot has been empty since 1977 and the downtown has not expanded there yet. He said the area is clean and looks neat and this project might stimulate growth in that area. He said he does not see a good reason not to rezone the place.

Unidentified audience member stated he has mentioned that nothing has been built out there and if it is allowed that part of the town can’t grow.

The Council closed the public hearing.

The Council by motion of Council Member Hurtado waived the full reading, and introduce d 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) The motion was seconded by Council Member Montelongo and approved by the following vote:

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

City Council Regular Meeting Minutes
October 19, 2023

2. SUBJECT: Annexation No. 4 (Tract 6327, Phase II of Vesting Tentative Tract Map No. 5826) into Community Facilities District 2005-1 and Related Actions.

The City Council held a public hearing regarding the annexation of territory to Community Facilities District No. 2005-01.

City Clerk Rebeca Padron declared that the Notice of Public Hearing for Annexation No. 4 was published on October 12, 2023.

Council Member Melendez left the dais at 7:19 PM.

Public Comment: None.

City Clerk Padron declared:

a) No written protests were received by the City.
b) There are less than 12 registered voters within the Community Facilities District. c) Written consents to holding the Community Facilities District Elections have been received from all landowners within the proposed Annexation No. 4. d) She concurs with the holding of the Special Election for Annexation No. 4.

The Council closed the public hearing.

City Clerk Padron conducted the election.

City Clerk Padron announced one ballot was received, closed the election and announced there was one yes vote and zero no votes.

City Clerk Padron declared the annexation passed unanimously.

The City Council by motion of Council Member Montelongo adopted Resolution No. 2023-56 Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Annexation No. 4) and Authorizing the Levy of a Special Tax and submitting the Levy of Tax to the Qualified Electors. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

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

Council Member Melendez returned to the dais at 7:22 PM.

The Council by motion of Council Member Montelongo adopted Resolution No. 2023-57 Making Certain Findings, Certifying the Results of Election and Adding the Territory identified as Annexation No. 4 to CFD 2005-1. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

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

City Council Regular Meeting Minutes
October 19, 2023

3. SUBJECT: Annexation No. 5 (Parcel Map 2022- 02) into Community Facilities District 2005-1 and Related Actions.

The City Council held a public hearing regarding the annexation of territory to Community Facilities District No. 2005-01.

City Clerk Rebeca Padron declared that the Notice of Public Hearing for Annexation No. 5 was published on October 12, 2023.

Public Comment: None.

City Clerk Padron declared:

a) No written protests were received by the City.
b) There are less than 12 registered voters within the Community Facilities District. c) Written consents to holding the Community Facilities District Elections have been received from all landowners within the proposed Annexation No. 5. d) She concurs with the holding of the Special Election for Annexation No. 5.

The Council closed the public hearing.

City Clerk Padron conducted the election.

City Clerk Padron announced one ballot was received, closed the election and announced there was one yes vote and zero no votes.

City Clerk Padron declared the annexation passed unanimously.

The Council by motion of Council Member Montelongo adopted Resolution No. 2023-58 Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Annexation No. 5) and Authorizing the Levy of a Special Tax and submitting the Levy of Tax to the Qualified Electors. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

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

The Council by motion of Council Member Montelongo adopted Resolution No. 2023-59 Making Certain Findings, Certifying the Results of Election and Adding the Territory identified as Annexation No. 5 to CFD 2005-1. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

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

City Council Regular Meeting Minutes
October 19, 2023

H. DEPARTMENT REPORTS

1. SUBJECT: INFORMATIONAL ITEM - Update on Enterprise Utility Bill Collections and Resumption of Shut Offs.

Administrative Services Director Patrick Chaffee presented an update on the status of utility bill collections and resumption of shut offs.

2. SUBJECT: APPROVED - Participation in the Low -Income Household Water Assistance Extension.

The Council by motion of Mayor Pro Tem Martinez authorized participation in an extension to the Low-Income Household Water Assistance Program (LIHWAP) and authorize d the Interim City Manager to execute the Direct Payment Agreement and all other documents related to the program extending the eligibility period from October 31, 2023 to May 31, 2024. The motion was seconded by Councilmember Melendez and approved by the following vote:

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

3. SUBJECT: Rescission of Direction Relating to Ballot Measure for Hotel Tax (Transient Occupancy Tax).

The City Council by motion of Mayor Pro Tem Martinez directed Staff and City Attorney to discontinue their work in preparing a ballot resolution for hotel tax (Transient Occupancy Tax) for submittal to voters at March 5, 2024. The motion was seconded by Council Member Montelongo and approved by the following vote:

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

I. CITY MANAGER/STAFF COMMUNICATION

Acting Interim City Manager Greg Tarascou announced:

1. The City received a Clean Air Grant in the amount of $1million that will be used for Phase 2 of the Veterans Park Project and will include a splash pad.

2. Staff is working on the staff report for the Façade Improvement Program and will bring to Council on November 2, 2023.

3. The parts for the repairs at JFK Park have arrived and now waiting for the contractor to do the installation.

City Council Regular Meeting Minutes
October 19, 2023

J. MATTERS INITIATED BY CITY COUNCIL MEMBERS

Mayor Pro Tem Martinez

1. Thanked Staff for assistance with overgrown trees that were obstructing the sidewalk.

The area was cleaned up in two days by the property owner.

2. Will be attending the Halloween Trunk or Treat event.

Council Member Hurtado

1. Asked Staff to work with Armando as urgently as possible regarding the accident his daughter was involved in.

2. Indicated that she stepped out of the last City Council meeting due to a family emergency.

3. Requested and received consensus to have Staff work on obtaining state funding for assistance with the animal shelter.

Council Member Montelongo

1. Requested a follow up on his request for crossings at 10th and P Streets.

2. Corrected an announcement he made at the last City Council meeting regarding the Town Hall Meeting. He said it will be held on November 13 at the Sanger High Multi Purpose Room.

Council Member Melendez

1. Requested an update on the timing of the parts that are being installed at JFK Park.

Mayor Gonzalez

1. Indicated that when Council Members go to conferences and trade shows, they go with information about empty lots and businesses and it’s up to them to decide whether they want to bring business to Sanger. If it will not make them money, they won’t build here.

The bottom line for a business is to make money

K. ADJOURNMENT

Being no further business, the Council adjourned their meeting at 8:06 PM.

ATTEST:

Rebeca Padron, City Clerk
Fot the Meeting of: November 2,2023
Agenda Item No.:

CrrYoF SINGER

RE,PORT TO THE, CITY COUNCIL
9-A
To:

From:

Subject:

Mayor and Councilmembers
Derek Sylvester, Senior Planner
Ordinance No. 2023-08, Zoning Ordinance 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: 320-0lI-17,320-011-19, & 320-0rr-2r)
Attachments: (1) Ordinance No. 2023-08
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council waive the full second reading and adopt Ordinance No. 2023-08, amending the City of Sanger Zoning Map, changing 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 ,320-01 I - 19, and 320-0lt-21)

EXECUTIVE SUMMARY
Ordinance No. 2023-08 amends the City of Sanger Zoning Map for subject properties located on the west side of L Street, south of 7th Street (APNs 320-0lI-17, 320-0ll-19, &, 320-Ul-21), from C-4 (Central Commercial) to C-M (Commercial and Light Manufacturing). Ordinance No. 2023-08 maintains consistency with the Sanger 2035 General Plan, which designates the property as "Commercial - General".

Planning Commission Resolution No. 2023-09 recommended approval of the rezone. The City Council conducted a public hearing for the First Reading and Introduction of Ordinance No. 2023-08 at a regular meeting held on October 19,2023.

Ptepated by: Derek Sylvester Approved by: David Btletic REVIEW: City Manager il Finance: City Attomey:

TYPE OF ITEM:

Consent
Informational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Hearing
Matter Initiated by a Council Member
Othet:

Continued to:
14 BACKGROUND:

The City has received an application for a Zoning Ordinance Map Amendment for 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 zone district will bring the existing use into compliance with the City's zoning ordinance. Any future development will comply with the development standards of the C-M district.

Existing use of the property as a contractor storage yard is allowed through a temporary use permit. The applicant has since improved the site by installing over 500 ft of landscape along the frontages and new wrought iron fence and gate on its perimeter. In order to continue use of the property as such, the conditions on the temporary use permit require the applicant to proceed with a rezone application changing the zone from C-4 to C-M.

Uses within C-4 and C-M zone districts overlap due to both being tailored to supporting higher intensity commercial and light-manufacturing uses. While retail uses are also permitted within the C-M zone district, the light-manufacturing component of this district allows for uses such as a contractor storage yard where appropriate. Considering the property is adjacent to the railroad and surrounded by heavy commercial and manufacturing uses, the rezone is found to be appropriate for the area.

The rezone would be consistent with the General Plan which is a required finding in order to approve a rezone application. The exhibit below is taken from the General Plan and displays those zone districts consistent with the land use designation of "General Commercial". According to the General Plan, the General Commercial land use provides for a variety of retail uses, shopping centers, offices, and also light- manufacturing. Zones that are consistent with land use designations of the General Plan have similar impacts and intensity of permitted uses within thatzone district. Being that both C-4 and C-M are consistent with the existing land use of General Commercial, it can be found that the project is compliant with the General Plan.

Conmenlal
Neighborhood Commercial
Communlty Commerdal
Central Commercial
General Commercial
c-1
c-2
c-3
C4orC-M
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 of the properties affected. The application for ZoningOrdinance Map AmendmentNo. 2023- 01 has been prepared and submitted by Samuel Z. & CI'rristina 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. 2023-08. Planning Commission recommendation is contained in attached Planning Commission Resolution No. 2023-09, adopted August 24, 2023.
15 Three parcels to be rezoned hiehlishted in red.

The project was previously brought before the City Council at a regularly scheduled meeting on October 5,2023. At this meeting, the item was continued with staff directed to return the item to Council for consideration at the next meeting.

REASON FOR RECOMMENDATION:

Ordinance No. 2023-08 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.

ALTERNATIVES:

The City Council may choose not to approve Ordinance No. 2023-08 ACTIONS FOLLOWING APPROVAL:

If adopted, Ordinance 2023-08will go into effect 31 days following adoption. 16 ORDINANCE NO. 2023.08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER ADOPTING CHANGE OF ZONING ORDINANCE MAP AMENDMENT NO 23-OI, AMENDING THE OFFICIAL ZONE MAP REZONING REAL PROPERTY FROM THE 66C-4'' (GENERAL COMMERCIAL) DISTRICT 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, & 320-0tl-21), CONTAINING APPROXTMATELY I.16 ACRES.

WHEREAS, Sanger Fence Company, Inc., submitted an application for Zoning Map Amendment No. 2023-01, to rezone real property (APNs: 320-0ll-17,320-011-19, & 320-UI- 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
WHEREAS, the project site was designated as o'General Commercial" in the 2035 General Plan, which is consistent with both the C-4 (General Commercial) and C-M (Commercial and Light Manufacturing) district; and
WHEREAS, California Land Use Regulations require zoning to be consistent with the General Plan; and
WHEREAS, the Planning Commission of the City of Sanger did conduct apublic 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 Amendment No. 2023-01 ; and
WHEREAS, the Zoning Ordinance 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 has also conducted a duly noticed publichearingtoconsiderapproval ofZoningOrdinanceMapAmendmentNo.2023-01,andafter all interested parties were given an opportunity to be heard and present evidence, the City Council now desires to adopt Zoning Ordinance Map Amendment No. 2023-01. 17 The City Council of the City of Sanger does ordain as follows:

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

Section 2. CEQA. The City Council hnds that under CEQA Guidelines 15061(b)(3), 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 zoningmap 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 justify 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 ofthe 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 2023-01, 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 Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Sanger, within f,rfteen 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.
18 The foregoing ordinance was introduced ut u ."grrhJ il;t of the City Council of the City of Sanger held on October 19, 2023, and was passed and adopte d at a regular meeting of the City Council held on November 2,2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

COLTNCILMEMBERS:

COUNCILMEMBERS:

COI.TNCILMEMBERS:

COUNCILMEMBERS:

APPROVED
Rebeca Padron
City Clerk
Frank Gorualez, Mayor
City of Sanger
19 Exhibit A
Change of Zoning Districts
Zoning Ordinance Map Amendment 2023-01- Sanger Fence Rezone, Assessor Parcel Numbers: 320-0ll-17, 320-011-19 o & 320-0ll-21 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. SEC.'S 14, 15 & 23, T.14 5., R.22 8., M.D.B.&M. tu n@ b tu at..tM M.t Wdit616e@MddNqs
b@ ondb e 6ft6t d Ed tq
pffi$s d z@@ d ffitb tu.
320-01
4 @0
ctfYoF
s/iloEn @tu)
CDBOVE 5@'
a4
@q)
€e),69
MU
Pilcel Map No. 75.3. Bk.

Pffiel Map No. 76-2 - Bk.

Parel MapNo.96-1 - Bk.

Parcol Map No. 201642 - 8k.76,
Bocotd ot Suvey . Bk. 43,
Racotdol Suruey - Bk. 44,
Reod ol SuNey - Bk. 47,
Rsotdol Suruay - gk. 50,
RMtd ol SuNey - Bk 58,
S.P.A.. SAreEN AEDEVELOPMENT AGENCY
18, Pg. 63
20, P9.20
57, Pg.37
P9.83-84
P9.47
P9.72
Pg. 56
PS. 86
Ps, 26
!016- Ass€sro'3 dd Ntut show tn Er@t
Ass€sso,'s Map 8k.320- Pg. 01
Countv ol Frcsno. Calll..O
20 For the Meeting of: November 2,2023
Agenda Item No.

CrrYoF SaNGER

RE,PORT TO THE CITY COUNCIL
3-s
Attachments: 1. Final Parcel Map No. 2022-01

2. Resolution No. 2O 3-bo
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. lo13-ba approving Final Parcel Map No. 2022-01.

EXECUTIVE SUMMARY:

This parcel map proposes to subdivide one parcel of land totaling approximately 0.73 acre into two parcels. Tentative Parcel Map No. 2022-01was approved by the Planning Commission on November 10,2022. The final map substantially conforms to the approved tentative map.

BACKGROUND:

To:

From:

Subject:

Subdivider:

Owner:

Engineer:

Site Size:

Prepared by: Toshua Rosers
Mayor and City Council
Joshua Rogerso City Engineer
Approval of Final Parcel Map No. 2022-01
1857 East Main Street,LLC, a Califomia Limited Liability Company 1857 East Main Street,LLC, a California Limited Liability Company Base Consulting Group, Inc.

0.73 acre
Apptoved by:

REVIEW: City Manage r, & Finance: City Attorneyi _
TYPE OF ITEM:

Consent
Info Item
Action Item
Deparlment Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Headng
Matter Initiated by a Council Member
Other
Continued to:

X
21 Number of Lots: 2 lots
General Plan: Commercial - General
Zoning C-4, General Commercial
The property in question is located at the northeast comer of 8ft Street and Academy Avenue. The property is currently partially developed with the existing Burger King restaurant on the south end and a vacant building pad for future development on the north end. The applicant has submitted Parcel Map No. 2022-01 (Attachment 2) to split the parcel between the existing and future building areas. In order to approve the Final Parcel Map, the following findings must be made:

I. The Final Parcel Map must be substantially in compliance with the approvedTentative Parcel Map.

Finding #1 - The Final Parcel Map is substantially in compliance with the approved Tentative Parcel Map in that the design has not been altered nor the lot sizes or dimensions substantially changed.

2. The Final Parcel Map must be consistent with the General Plan.

Finding #2 -The General Plan designation for the subject property is Commercial - General with a C-4 zone designation. The proposed parcels meet all the lot size, setback, and other requirements of the zoning ordinance, and as such the map is consistent with the General Plan.

REASON FOR RECOMMENDATION:

The Final Parcel Map meets all the requirements and conditions of approved Tentative Parcel Map No. 2022-01. The approval of the Final Parcel Map is defined as a ministerial action and as such is exempt from the requirements of CEQA, pursuant to Section 1526S(bX3) of the State CEQA guidelines.

FISCAL IMPACT:

None.

ALTERNATIVES:

None. The State Subdivision Map Act requires the approval of a Final Parcel Map if it complies with the approved Tentative Parcel Map.

ACTIONS FOLLOWING APPROVAL:

The map will be submitted to Fresno County for recordation. \\nasl\shared\Forms & Templates
22 ATTACHME.NT 1
\\nas l\shared\Forms & Templates
23 OWNER'S STATEMEN7
M HEffiY SIATE THAT W M fIlE OWERS OF, OR MVE SOME HGfr, TIILE OR IflItrEST /il, -HE
ML ROWil SrcW ON THIS PreLMtr MD TffiT W Are THE OillYERSO&S ffiOSE COdS€ T/S flECESgRY FOR Ttr PrePMTIU ND RECOfuANU OF SAD PARCEL MAP AS PARCEL MAP NO.2O22.O1
ADJUSTED PARCEL B OF LOf UNE ADJUSTMENT NO. RECORDED JANUARY 24, 2O1 4 AS INSiRUMENT NO.

SITUATE IN SECTION 23, TOWIUSHIP 14 RANGE 22 EAST, MOUNT AND MERIDIAN, IN THE C/TY OF STNGER STATE OF CALIFORNIA.

SURYEYORS STAIEI'E'{I
THIS MAp WAS rcffi By UE OR UND& My AECnION (AND WAS MHEDFRoM REcorc DAT4 6M tsMsED urcN A FTELD sRw4 tu coxrowuce wruHE REQUIREMENTS 6 THE ilEDIVISION MAP ACT AND LOCil OrcWANG AT fHEEQUEST OF 1857 ilST MAIN frre' UC ON NOWMER 17, 202. ! HEEBY STAEHAT THIS PRC* MP SUBSTANflMY CONFONS TO WE APPROW OR CONDITPNALLY APNOVED WATIVE ME, E ANf,
'72.2 e4r- qlp/ptz
{E!LE raoilEsEe. p6tr$ 6ATE
ucENsE ffires 12-31-208
SHOW WTHIN THE DtSTtNCT/y€ EORqER UfiES HEtrOtr
oorrorr*2$4{por*SgP'letaLr .-zg LECAL DESCRIPTION
THE WD WffiD TO HEffiN BELOW $ gruAW N THE CM OF SANGR, COUNry OFFtrSflqSTAIE OF qUFOmA AND /S DESCR/AEO AS rc4ore] rcJUSTED PARC% B OF LOT UNE ANUSWEM NO. fr192, reCOMED JNURY 24. 2OI4 AS NSTRUMilT NO. M|+NAA7 OF OtrICIAL RECORDS, WNG MOre PffiTrcWY DESffiiA@ ASFOLLOre:

A PRCa OF UND LYNG IN #CTTON 23t TOW#IP 14 SOUTH, fuNGE 2 &Sf , MOUM DINLOBIIF-ND MHDN, tN THE ctfl oF wcER, couw or rresxo, sttt u irutrcmu, DESCR/BEO IS Fo4orc
A PRTION OF PRCil 2 AS ESCRIBED IN GWT DEfu remrcffi OCTOAER 27, MlO AS . &cuMENT NO.201N14101 trFlCtil RECOrcS 6 FtrW COUNW, MOre pARTtUUtuy DESCR aED AS FO4Oy16.

COMMilCING, AT fHE NORTHASTEilY @RNER OF PMGL 1 AS DESCflAED N gIO lN GWT DEED re@rcffi OCTOBffi 27, m10; HilCE, SOUfr @.6,fi. AsT, ilOre nE HSTETr uNE tr gtDPAR&S 1 ND 2, A ASTMCE OF 241.95 FEfr TO THE mE rcNT OF EGNMre; THENCE, CMNUIN'souff o9.6.s.EAsti AW nE asRy UNE oF go pmca z a dsrArcE or tztg reg:THENCE fiUN &'54W'WST, A DISTNCE OF M.@ FEil TO A POINT ON THE W9EruY UNE trgD Pffi42; THENCE, Nffi @.6'fi,reAr, ilONc Tre WSftuy UNE OF glD pffiEL 2, ADISTANG G 17.4a FtrT; THilCe NORTH Wg@. AST, A 'STNCE
OF 20.@ FEfl; nile, NORfr@'68'WST ALilG THE WT&y UNE OF VtD qRCU 2, A ASTNCE OF IOA.OO FE; TffiG, NORTH Wg@'457, A dSfArcE OF 1@,@ W TO NE TRUE rcNT OF EGIMING. gctrTtNG wRw, M MINEMLS ND MlNErut R 6Hrg ,MEtrsrS flD RoyaLrEs, !N1LUaNG, won uMmNG, THE Giltufr frEreo1 otL, @s aND orHffi HvDRocrmN sulsilryceq rsWL AS MfrAUC OR Om SOLD MlMruLS, tN AND UNM gD prcWN; HOWER, cw@OR'IS SUCCESSORSflOASS/6ryS, tr{T XOTHAE THE HGHT ffiANY PUffi#WTWVERTO ENER UrcN, ]NTO @ TffiUGH frE ilRFAG OF frE MOffifl IN CONNECTION HWH, AS trSRY€O ATSOUIfi8il PACIFrc MNSWTANil 6MPANY, lN HE @ffiMTION GWT DEEO reCOM JUM fr, 1N7, AS MUMEM NO 97078U5, OF GflCIilreCOrcS, AND fHE OtrDrecorctu gnEreffi 2, 1997 AS DOMENT NO. 9712412 0F GFTCIN reCOffiS.

FtffiTHttu WKMnOMf ASS@nrc4 as aE{trmy
AY:
tw asf NNN
N OTARY AC'<N OWLED G M E NT
\,a;gch:"sua
l4c$c{n"\ Dr'cloc(nfrflrE)

UWCOWANY
wo mwDfoME&nE MSIS6
C'fY ENG'NEER'S STATEMENT
I HffiffiY STAE BAf I HAVE WINfl HIS MP, ruT HE SUNVSION WW IS SUESTNTMY THE gME AS N trP4ffiD AN frE APPROVffi HTATIW W ND ANY AnrcVfi ilftMTtNSBEreOF, ruAT AU pROylSiOflS OF nE Su8o/ytgofl MAP ACT ND rcCN OPIMrcES ffiUCrcE AT HE TIME OF AFROVAL oF THE |ENTAT|VE W HAW ffi COM%tffi Wfr.

NSNWMAW@GfuTOrefMf ffiHE WE INHIWWffiAWMD APAAd(ES), ANDMf BY HgffiIR S/GMIUEIS) d DEdSNUTMreMsd(s), oRfHEEmNUw w oFWMpffioMs)AoED,$qED re lvsw@f, I GRNFY UM8 PMd G WURY UM&fuE Ure G ffi SIAE OF &EMA MT rercre6dilGP&G,@IS 7IMND MCI nre {lL&s sAtvr
u,"o*".r*u" 3hlflo?6""rr-o !. Sa;-
DAE
C'fY SURVEYOR'S STATEMENT
I HEMY STATE ruT IffiVE WINEDNB MFAND ruT I AM gT]#EDfHAf NE MP IS TECHNICMY COffiCT.

BY
DAvtDc.HoRNW --w-
ctry suRvilquGNgwtres1231-M

DIRECTOR OF DANELOPMENT SERVTCES STATEMEM
I HEREAY ffifIFY WT HIS MP SUBSTAMIAUY CONFORMS fO HE HTATIEMtr AS @NDMilAUY AMVED AY TE PUNNING mBMISSION ON rcWB& 10, n2
JOSHUA A ffi€RS, RCEotrS
qN ENGINffi
uGNgwtres@tu2m1

DAVID BWNC
DIreCTOR OF DEVfuM ffRVIES
fH'S PROPERTY IS SUBJECT TO fHE FOLLqWING:

SUNECTTO AN awffi ffi reSERVfu rcR FNre DEDICATIw NDIrcIDEffiAL ruffi#, reCOrcED IN BOU 57, PAGE 37 6 PREL MAre. ilNECT TO MTffi CMAINED IN DOCUMEM RE@rc@ @fWR3, 1996,
AS /ilSIRUMEflIilO S'329, tr trHCI&WRDS OF OFflaALreCOrcS.

SUBJECT TO @ltrffi, COtrDflOtrS SO RESM'CflONS N rcCUMflTre@EDOCTOWq 1994 AS /TSIRUMEMryO $1effi, OF OFFICN ffcoRos
SUNECT TO Mfrffi CMNffi IN D&UMEN| RECOrcED JUNE M, fi97, AS INSRUMEM NO. 9707Wt OF OFFtCtil reCom9
SU&ECTTO SSEM€MGWNre HGffi-bWAY Fffi WlC STEETAND
NUfl PUffiES, reRNUMffi ffiCarc@ ffPTEMBER N, 1*7, AS
WMilT NO.971M, OF OFFICIAL ROPS.

SU&ECT 70 ERtrS/ilD rcY'S/OflS COMA/ilED N DOCUMENT re6RWFEffiURY 3, B9A, AS INSBUMENT NO, 9fu19U, OF OFFlqALreCffiN. sUBJECT TO WfrR COMAINfu IN DOCUMEM ffircED FEBRUARY 13. 2011, AS NCUMilT NO. 201M18U, ND NdMflT REMfr JUNE 19.
2011, AS WUMEM NO. MIMW, AU OF trFNAL ffi@rcS.

SUBJECT TO WNEre COMAINED IN N%MENT trCOfuffi AUGUST M, M14, AS NCUMffi rc. 201@9A16, G OFFICIAL RECORN,
SNECT fO MNffi COMAINfu IN D@UMEMS RECORED EHL 19, &1 AS DOUMffi NO. 2Q1ffi61z NCUMffi NO. 2021_M3513 AND DrcUMffi rc-ml -wl 1, M tr OFF|uAL RECOtuS.

VICINIryMAP
DATE
DATE
FEE 6-
cuwor hLl"M€4A
wnswww 13118'l-3
NOTAR Y AC I<N OW L E D G M E NT
SNSAimYEVIDM
IreruWTANDA(rel@@
T
Ik
I
C I 7Y C LE R K'S C ERTI F ICAT E
lHffiY ffiflFy nAT re COUNCTLtrHe Ail OF WGEE, Otr.......-.-...........-m_trmvmTHEWHNMp. ffiECA PADrcN
CITY CGil
REE&PMil

CIWUERK
N.ts.

AW@ dPACIfl(ES), AM fuf 8Y HIWMHffi gcMfure$) & re NSNMilr reRSq.s.) @HE Effid UpdW ff MIUMMS@IS) AC@, &WEDM lNSrruMf.

I @nfl UilDER Mfr tr fttuuRy UMRaE are oFtuE srAE G turcNA wf MTreGotrePMG/W tSruEM @@Cf. :X^:*W"a&1fu*.Eas-rl{r!<-hzrl,rohh#
"o*o, Cnnk .. u *r"**^*n@azau
coMMssrcNNUM& Nle
RECORDER:S CERNF'CATE
FIED frts _ DAy oF _ 20_ AT _ _.H. N BooK _
GPARC&WS,ATPAEE$) FreilO@UW
RECOroS, AT ffE RFQUEST OF BAg CONSULTING GROUP. lrc.

PAUL ACTOg C.FA, FreSrc COUNfr RECORDER
BY
DEPUW
SHEfl1 OF2SHEETS
NOIfrY Mrc @ O|HQ 6FICR CMTNG fuIS GRNNAE VEfuflES NY W IDNWW Sre@ fBE D@WN| rc WIq NE @trIqE B AfrAd@ ND Mf flEA@MCY,6VfuIDIN ff THAf D@W, 24 PARCEL MAP NO.2O22.O1
ADJUS|ED PRCEL B OF LOT UNE ADJIJSIMENT NO. M1W, RECORDED UNUARY 24.

M14 AS INSIRUMENT NO. M1+000887, OFFICIAL RECORDS OF FRFStrO COUNry, SITUATE IN SECTION 23, TOWSHIP 14 SOUTH, RANGE 22 EAST. MOUNT DIAALO EASE AND MER|DAN, tN fUE C'ry OF .94NGE& COUilry OF FRESNO, SrAtE O F CALIFORNTA. ?fH FOUND 3/4" IRON PIPE,
cAPPrc LS 572., rcm 7'
PER (R1)(8d LEGEND
. FOUNO ANO ACCffiD MSUMENT AS NOED
O sgmmuuentAs NoED HEREoN
(R1) RECORD ANO 4CUUru OffENSIONS PER PSCEL W NO. S1. FILEO N rcOK 57 OF PffiCA WS, AT PAGES 37, RESNO COUffi RECOROS, FOUND 1'|RON P|PE, NO SP, FLUSH 1Wft I'NETONE NOffi \

NOT OF RECORD
(Ra
(R3)
RECORD DIMENSIONS PER LOT LINEAUUSTMilTSlil2, CIry OF
WGER, COUNfl OF AESNO, STAE OF q(FffiNA, ECORDEO
JNUSYZ, 414, TNSTRUMENT NO. 414{0S367, O.R.F.C.

RECORD DIMENSPNS PER D@UMENT RECffiDEO NOWMBER 6,2M9, AS DOCUMEM NO. 200S15S15, OFFICIAL RECORDS tr FtrSNO COUNW.

GFIChL REC@DS OF FRE$OCOUNW
SffiCHED NONNG FOUNO
1O'PUBLE UNLfi [email protected].
10 MER SSEMENT PER M.2014.M84742O.R
10 RIVATE Sffi ffiEMEMpER OOC.201+0092313{0OR.

OEEO OF ASEMEM GNTING RIGHT.OF.WAY FOR PUBLIC STEil ANO UNLIW PURrcSES, AS @MAINS IN D@UMST RECOMEO SEMBER
29, 1987,ASNSnUMEMNO.a712E800,OFSFTChLRECORDS.

TEMrcffiY SLOE ffiEMENT PER DEUMENT RECORDED OCTOBER 14, 1@7 re DOCUMEM NO. 971S198, OF OFF|C|A RECORDS.
eNT DEED TO THE CtW S $NGER, RECORD@ EBRUSY 4,200S, AS
mUMENT NO 08001m3, OF OF|CII ECGDS.
ffE reSERLY2O.O Fffi OF GNT DEED TO NE Cfr OF SNGER,
RECORD@JANUARY IO,2@E. AS MUMENTNO@@02924. OF OFFPru
RECORNAS SHOM IN LOT LINEANUSTMENT NO.2@01, RECORDED
NOVEMBER 8,2009, AS OGUMENT NO. &O&01S15, OF OFFtCru
RECORDS.

GNT DEEO TO ffE CIil OF SNGER, trCORDED FEBRUNY 4, 2008, N mUMENT NOS001W, OF OFICru ECmDS.
-- Sfl a4' RON PIPE Wn
o_R.F.C,
s.N.F.
o
( 2\
oo
o
tr
tr
tr
PhSIC W, STAMPEO
TdESil PLS 885S,
mw6'
6Zoczga3
'oebo
6 o

BASIS OF BEARINGS
N80.54!0E SgA4" FON PIPEWN

PUSTIC CAP, STMPD
TONESEN PLS Sstr.

D(Ms.

THE AARING ff SOUff OS'S'S'ilST, FOR THE AST LINE OF PARCEL 2 ER PArc4 W NO, Fl , RECOMED N 8@K 57 OF PffiC4 WS, AT PAGE 37. FRESNO @UNil ECMN. +
nil
t
l-rl-r'1 F.d
10 \
\
\
\
\
\
.-I
\
\
PffiCEL 2
0,35 ACES NET
'Dr:Ifo.Pil,ffic
\
\
"1ffi$S'"*#"""'"o
oo jY:I,? irtgr" sil 3/4. rRoN prpE wfr* PWTIC qP, SAMED \
\
\
\
\
10'
865d'
sgr
PARCEL 1
O.38ACRES Nfl
"noNEsEN PLS 88S',
mw8'
S,N.F.
9TH
sCtE:1"e30'
SHF2 OF 2SHEft
25 ATTACHME,NT2
\\nas l\shared\Forms & Templates
26 RESoLUTToN No. 2o23 -laO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING PARCEL MAP NO. 2O22.OI
WHEREAS, the City Council of the City of Sanger considered the approval of Parcel Map No. 2022-01in a regularly scheduled meeting on November 2,2023; and WHEREAS, Tentative Parcel Map No. 2022-01was approved by the City of Sanger Planning Commission on November 10, 2022, after conducting a public hearing; and WHEREAS, it has been determined that Final Parcel Map No. 2022-01 is substantially in compliance with Tentative Parcel Map2022-01 which was previously approved by the Planning Commission; and
WHEREAS, Tentative Parcel Map No. 2022-01and Final Parcel Map No. 2022-01 arc found to be consistent with both the City of Sanger General Plan and Zoning Ordinance; and WHEREAS, the approval of final subdivision maps is defined as a ministerial action which is exempt from the requirements of CEQA by Section 15268 (bX3) of the State CEQA guidelines.

NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of Califomia hereby approves Final Parcel Map No. 2022-01 subject to the Conditions of Approval.
t< {< tl€ * r} ,F * rl. rl. * {. r& :1. rl. ,t ,1. :1.

The foregoing Resolution was considered by the City Council for the City of Sanger at a regular meeting of said Council held on the 2"d day of November, 2023 and approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COI.INCIL MEMBERS:

COUNCIL MEMBERS:

COLINCIL MEMBERS:

COLINCIL MEMBERS:

ATTEST:

Rebeca Padron, City Clerk
27 Fot the Meeting of November2,2023
Agenda Item No.

CrrYoF SnNGER
RE,PORT TO THE, CIry COUNCIL
H-t
To:

From:

Subject:

Mayor and Council Members
David Brletic, Community Development Director
Public Hearing to Consider the Proposed Annexation of Property Within Tract No. 6327, Phase II of Tract 5826 Into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, and to Establish a Levy of Assessments for the Annexed Territory (Annexation No. 23-01).

Attachments:

1. Resolution No. 2o23- go, with Exhibits A, B, C

2. Petition and Waiver from D.R. Horton CA3r Inc.

3. Tract 5826 LLMD Covenant
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council conduct a public hearing and adopt Resolution No. 2o23'A/ , a Resolution Confirming and Ordering Annexation into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, and Establishing a Levy of Assessments for the Annexed Territory (Annexation No. 23-01).

EXECUTIVE SUMMARY:

This public hearing is for the pufpose of annexing property in Tract 6327, Phase II of Tract 5826,to LLMD No. 2 per the Diagram attached to the proposed resolution. On September 7,2023,the City Council initiated the process for annexation with the adoption of Resolution No. 2023-46 and setting of a public hearing for November 2,2023. The proposed Resolution finds that there is no majority protest by the Applicant, annexes the property into Area 1, of LLMD No. 2, and sets the levy at $1 16 per lot for the current fiscal year. Going forward, the annexed property will be subject to the annual levy approved by the City Council every year for all property within LLMD No. 2, Area L Approval of the proposed Resolution will conclude Prepared by: David Bdetic Approved by:

REVIEW: City Manager: c0 Finance: Ciry Attorneyi _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Membet
Other
Continued to:

X
X
28 the process by annexing the lots of a new residential subdivision into LLMD No. 2 being developed by D.R. Horton CA3, Inc. ("Applicant") and setting a levy at the same rate as other properties in LLMD No. 2, Areal.

BACKGROUND:

The Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500 et. seq. was designed to allow local governments the ability to collect assessments to defray the cost of maintaining street lighting, and landscaped areas within the public right-of-way. These costs were recognized as costs, which directly benefit property owners by increasing the value of their property. Adequate street lighting increases safety and decreases crime. Well-kept landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.

The City of Sanger has two established Landscaping and Lighting Maintenance Districts to maintain City parks, landscaped areas, block walls, and streetlight operation and maintenance. Sanger Landscaping and Lighting Maintenance District No. 2 ("LLMD No. 2") was established in 2004 to cover the cost of maintaining all streetlights, landscaping, and irrigation systems within the LLMD No. 2 City public right- of-way, and to cover the cost of maintaining special amenities located within the LLMD No. 2 City public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts.

Applicant is currently seeking to develop a 63-lot subdivision on the southwest corner of North Avenue and Greenwood Avenue as part of Tract 6327, Phase II of Vesting Tentative Tract Map No. 5826 ("Property").

The Applicant submitted a Final map for Tract 6327, Phase II of Tract 5826, for approval by the City Council. A condition of approval for Tract 5826 requires that the lots in Tract 6327 annex into LLMD No.

2. Consistent with that requirement, the Applicant has submitted a petition and waiver to the City, requesting annexation into LLMD No. 2 and agreeing to the initial assessment amount of $116.00 per lot for the fiscal year. Thereafter, the property would be subject to the annual levy amounts approved by Council for LLMD No. 2 for each fiscal year.

The Applicant has also (i) waived certain resolutions, report, notices of hearing, and right of majority protest, and consented to a public hearing and adoption of a Resolution by the City Council ordering annexation and levy of the Property; and (ii) expressly waived any requirement to have a ballot and majority protest proceeding per Government Code Section 53753 or as may be permitted by the Act.

As a result of this waiver, the annexation process can be expedited as no report by the City Engineer is required to be prepared, nor is a ballot and majority protest required.

REASON FOR RECOMMENDATION:

The LLMD No. 2 assessment is utilized to offset the costs of streetlight and right of way maintenance and operations within the established LLMD No. 2 area. Street lighting and well-maintained landscaping increases safety and the quality of life and directly affects the actual property values of homes and businesses located in the City of Sanger. As new development occurs in Sanger, annexation ofthe property to LLMD No. 2 will help ensure that property is maintained. Annexation is also a necessary component to allow for the development of 63 new single-family residences, and to help assist with the City's housing stock.

FISCAL IMPACT:

Each lot that is annexed will pay the current rate of $116 for the Fiscal Year, or $7,308. Thereafter, the City Council will approve assessment amounts for Area 1 of LLMD No. 2, which may be adjusted to 01236.0105/7693 I 8.1
29 reflect increases based on the consumer price index
ALTERNATIVES:

One alternative would be to deny the application and not annex the property into LLMD No. 2. In this case, the Council should also provide direction whether or not it intends to relieve the Applicant of condition of approval No. 51 for Vesting Tentative Tract Map No. 5826, which requires the annexation in order to approve the Final Map.

ACTIONS FOLLOWING APPROVAL:

Staffanticipates that the City Clerk will file the diagram and assessment with the Fresno County Auditor- Conholler concurrently with the recording of the final map. 0 I 236.01 05/7693 I 8. I
30 ATTACHME,NT 1
\\nas l\shared\Forms & Templates
31 RESOLUTTON NO. 2023-la

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER

CONFIRMING AND ORDERING ANNEXATION INTO SANGER
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2,
AREA I., AND ESTABLISHING A LEVY OF ASSESSMENTS F'OR THE ANNEXED TERRTTORY (ANNEXATTON NO. 23-01)
WHEREAS, the Landscaping and Lighting Act of 1972 ("Act") provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, on April 1, 2004 the Sanger City Council established the ooSanger Landscape and Lighting Maintenance District No. 2" ("LLMD No. 2") to levy and collect assessments to cover the cost of maintaining all streetlights, landscaping, and inigation systems within the LLMD No. 2 public right-of-way, and to cover the cost of maintaining special amenities located within the LLMD No. 2 public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts; and
WHEREAS' pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, D.R. Horton CA3, Inc., is the landowner of property proposed for annexation and generally located at the Southwest of the intersection of Greenwood Avenue and North Avenue, and which is also known as Tract 6327, Phase II of Tract 5826, whose final map is pending approval by the City Council and recordation, as further described or depicted on Exhibit ,.Arr; and
WHEREAS, D.R. Horton CA3, Inc., has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, ffid the right of majority protest regarding the Subject Properfy, as well as consenting to the amount of the proposed levy for the current fiscal year; and
WHEREAS, on September 7,2023 the City Council initiated the process for annexation of the Subject Property in Area 1 of LLMD No. 2, and set a public hearing for consideration of the same for November 2,2023; and
WHEREAS' after holding a public hearing, the City Council now desires to annex the territory of the landowner to existing LLMD No. 2; designate the portion of the annexed territory into Area 1 of LLMD No. 2 for the property, and set the levy and collection of assessments against the assessable lots and parcels of land for that portion of territory.

Page I of7
32 NOW, THEREF'ORE, the City Council of the City of Sanger does resolve as follows Section 1. The above recitals are true and correct, and are hereby incorporated herein by this reference.

Section 2. The City Council finds that the hearing on said annexation of territory and levy of assessment was held in accordance with law and all persons desiring to speak were heard, and that there was no majority protest by the property owners of the same.

Section 3. The City Council orders the tenitory identified in ExhibitooA" annexed into existing assessment district Sanger Landscaping and Lighting Maintenance District No. 2, Area 1.

Section 4. The hearing on said annual levy of assessment for the District was also held in accordance with law and all persons desiring to speak were heard.

Section 5. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property identified on Exhibit ooA" within Area I of the existing assessment district designated ooSanger Landscaping and Lighting Maintenance District No. 2" pursuant to the provisions of the Act, for the remainder of the fiscal year commencing July l, 2023 and ending June 30, 2024, to pay for the costs and expenses of the improvements for at the assessment rate(s) set forth in Exhibit o'B." Future levies may be adjusted for inflation by the City Council consistent with the formation documents for Sanger Landscaping and Lighting Maintenance District No. 2 and the Act.

Section 6. The City Council hereby determines that the territory within Area I of the District, whose boundaries are set forth in Exhibit "A," will be the tenitory benefited by the maintenance and servicing of the improvements.

Section 7. The City Council hereby orders the levy of the assessments described in said Exhibit'oB.oo
Section 8. The City Council finds that the assessment diagram showing the property annexed into the District, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements for that portion of the District, which are identified in Exhibit "C."
Section 9. Per Streets and Highways Code Section 2264I, immediately after the adoption of this resolution and by not later than the third Monday in August, the City Clerk shall file the diagram and assessment, or a certified copy thereof, with the Fresno County Auditor-Controller.

33 The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 2"d day of November 2023, and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Rebeca Padron, City Clerk

34 Exhibit A
Annexed Territory
The annexed property is situated in the State of Califomia, County of Fresno, City of Sanger, and pending recordation of the final map for Tract 6327, Phase II of Tract 5826, is described as follows:

OUTLOT B AS SHOWN ON THE MAP ENTITLED ''FINAL MAP OF TRACT NO. 5826, PHASE 1 OF TRACT 5826",IN THE CITY OF SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS MAP RECORDED FEBRUARY T3,2023,IN BOOK 92,PAGES 74 THROUGH 78 OF TRACT MAPS, FRESNO COUNTY RECORDS.

EXCEPTING THEREFROM ALL THAT LAND GRANTED TO THE CITY OF SANGER IN GRANT DEED RECORDED MARCH 23,2023 AS DOCUMENT NO. 2023-OO25845,MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PORTION OF THE EAST II2 OF THE NORTHEAST II4 OF THE NORTHWEST II4 OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 22EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27; THENCE SOUTH O"IO'44U WEST ALONG THE EAST LINE OF SAID EAST TI2 ADISTANCE OF 1325.09 FEET TO THE SOUTHEAST CORNER OF SAID EAST 1/2; THENCE NORTH 89O57'32'' WEST ALONG THE SOUTH LINE OF SAID EAST 1/2 A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89O57'32" WEST CONTINUING ALONG THE SOUTH LINE OF SAID EAST II2 ADISTANCE oF 45.98 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 33"40'46" WEST A DISTANCE 115.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY, 37.04 FEET ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 42O26'56"; THENCE LEAVING SAID TANGENT CURVE SOUTH 76O07'42" EAST A DISTANCE OF

92.04 FEET TO A POINT ON A LINE PARALLEL WITH AND 36.00 FEET WEST OF SAID EAST LINE; THENCE SOUTH OOIO,44" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 103.42 FEET TO THE TRUE POINT OF BEGINNING.

Assessor's Parcel Number(s): 332-090-21
After recordation of the final map for Tract 6327, Phase II of Tract 5826,the boundaries of the annexation shall be comprised of lots 1-63, inclusive, of Tract6327,Phase II of Tract 5826.

The boundaries of Tract 6327, Phase II of Tract 5826, are depicted, and annexed, as set forth in Exhibit "c."

35 Exhibit B
Levy of Assessments
Lots 1 through 63, inclusive, of Tract 6327, Phase II of Tract 5826, are levied for fiscal year 2023-2024 as follows:

Lot
1 2
aJ
4 5
6 7
8 9
10 11
t2
13 t4
15 T6
T7
t8
T9
20 2t
22 23
24 25
26 27
28 29
30 40
4t
42 43
44 45
46 47
48 49
Landowner
D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

Proposed Assessment (FY 21-22)
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$l16.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00

36 50
5l
52 53
54 55
s6
57 58
59 60
60 6t
62 63
D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.

D.R. Horton CA3,Inc.
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$116.00
$l16.00
$116.00
$116.00
$1r6.00
$l16.00
$116.00
$116.00
$116.00

37 Exhibit C
Assessment Diagram
PHASE 2 OF TRACT 5826
-]-]_l lr _t t_t1 I

NORTHAVENUE
T_I
lfl.tf

IJEIDJ AVENUE

HUNTT&AYCNUD
t__t ilt-l_-l
C]A.THERINE A\,'EM'E
r-t--l
[_] L.AE I, (o)V - rrl
Fhffi@tE
; *v
dtx
E l-l-_1uIr_]
T--_--t
tt
tl
I
H
z
ir)
[r n T-t-i
t_l_J

DIAMONDA
LEGEND 2@28"@25845
@)"[FJ,F,@"LIMIIS OF SUBDIVISION

LOT LINE

ROAO CTNTERLINE
EXFflNO ROAD RI6HT OF WAY LINE

PROPOSED REHT OF WAY UNE
sEcnoN ilt{E
0' 80'1
SCALE: l"= 180'
PageT of7
38 ATTACHME,NT 2
\\nas I \shared\Forms & Templates
39 n.R.H{rHrIlN",ffi*
Tftmariea:s &#
RE: Petition flncluding Consent And Waiver) Requesting Annexation To Sanger Landscape and Lighting Maintenance District No. 2 (Tract 63270 Vesting Tentative Tract Map No. 5826 - Phase II)
Dear City Council of the City of Sanger:

The undersigned landowner does hereby certifu under penalty of perjury that the following statements are all true and correct:
l. The undersigned is authorized to represent the landowner identified below and is its designated representative to request and petition the City Council (the "Council") of the City of Sanger (the "City") for annexation to Sanger Landscape and Lighting Maintenance District No. 2 ("District No. 2") pursuant to the provisions of Landscaping and Lighting Act of 1972 ("Act"), commencing at Califomia Streets and Highways Code section 2250A et seq., and to authorize certain other consents and waivers contained herein. The boundaries of the territory to be annexed are described on Exhibit'oA" hereto and by this reference incorporated herein.

2. The landowner hereby certifies that as of the date indicated opposite of the undersigned's signature, the landowner listed herein is the owner of the property within the proposed annexation boundary of District No. 2, (the "Properly"), which Property's boundary is futher described in Exhibit "A" hereto.

3. The landowner, pursuant to Sections 22607 and22585 et seq. of the Act, hereby requests that proceedings be commenced:
(a) To annex the Property to Dishict No. 2 for the purposes including the following:
r The installation or construction of public lighting, facilities, including, but not limited to, street lights;
r The installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
r The installation or construction of irrigation systems; r Special amenities including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts; and
r The maintenance and servicing of any of the foregoing. (b) To authorize the levy of assessments on the Property in accordance with the rate and method of apportionment of Diskict No. 2 to finance the above-mentioned services, incidental expenses and fees; and
(c) To authorize the issuance of bonds for District No, 2 if applicable.

4. in accordance with the provisions of the Act, and specifically Section 22608 for annexation proceedings, resolutions, report, notices of hearing, and right of majority protest shall be waived with written consent of the owners of property within the tenitory to be annexed, the 01236.0t05f767931.2
40 landowner (i) expressly waives the resolutions, report, notices of hearing, and right of majority protest, and consents to a public hearing and adoption of a Resolution by the City Council ordering annexation and levy of the Property; and (ii) expressly waives any requirement to have a ballot and majority protest proceeding per Government Code Section 53753 or as may be permitted by the Act.

5. The landowner expressly waives all applicable waiting periods for the election and waives the requirement for analysis, engineer's report, etc., and consents to not having such materials provided to the landowner, and expressly waives any requirements as to the form of the ballot.

6. The landowner acknowledges and agrees that the initial annual levy for the District No. 2, Area 1, is currently $l16.00 per parcel, and that the levy may be adjusted by the City in the future consistent with the Act.

7. The undersigned warrants it is the owner of one hundred percent (100%) of the Property. The undersigned warrants that there are no liens or encumbrances on the Property in the favor of any lender, including but not limited to any deeds of trust, mortgages, leases, or liens of a similar nature.

8. The undersigned agrees to execute such additional or supplemental agreements as may be required by the City to provide for any actions and conditions under this petition, including any amount of cash deposit required to pay for the City's costs related to annexing into District No. 2.

9. The undersigned agrees to cooperate with the City, its attorneys and consultants and provide all information and disclosures required by the City regarding the assessment to purchasers of the Property or any part of it.
[Remainder of Page Intentionally Left Blank]
41 II,R.HOffIIIIfW
fimerkdr &41

IN WITNESS WHEREOF,
2023.

I hereunto set my hand this day oftf
OWNER:

D.R. Horton CA3,Inc., a Delaware
corporation
By
Name: Hatch
Its: Vice President and
President of the Central Valley Division
The address of the above owner for receiving notices is:

D.R. Horton CA3,Inc.
419 W. Murray Avenue
Visalia, CA 93291
Attention: David Hatch
Phone: (559) 636-9850
E-mail : DCHatch@drhorton,com
With a copy to: D.R. Horton, America's Builder
I l24l Slater Avenue NE, Suite 120
Kirkland, WA 98033
Attention: Jonathan Smith, Steve Abrams,
and Matthew Charles Tranah
E-mail: irsmith r{,d{hQ$on.som,
sdabrams iJ d&orlon.c_or4, and
m ctran ah i rildrllqrton. conr

FILED IN THE OFFICE OF TI-IE CITY CLERK OF THE CITY OF SANGER THIS DAY OF ,2023,
To
0 t236 .0105n679t1 .2
Rebeca Padron, City Clerk
42 EXIIIBIT A
The Property is situated in the State of California, County of Fresno, City of Sanger, and pending recordation of the final map for "l'ract 6327, Phase II of Tract 5826, is described as follows:

THE LAND REFERRED TO HEREIN BELOWAS SITUATED IN THE CITY OF

SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

OUTLOT B AS SHOWN ON THE MAP ENTITLED ''FINAL MAP OF TRACT NO. 5826, PHASE 1 OF TRACT 5826", IN THE CITY OF SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS MAP RECORDED FEBRUARY 13, 2O2g,IN BOOK 92, PAGES 74 THROUGH 78 OF TRACT MAPS, FRESNO COUNTY RECORDS.

EXCEPTING THEREFROM ALL THAT LAND GRANTED TO THE CITY OF SANGER IN GRANT DEED RECORDED MARCH 23,2A23AS DOCUMENT NO. 2023.0025845, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PORTION OF THE EAST 112 OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27' THENCE SOUTH O'10'44" WEST ALONG THE EAST LINE OF SAID EAST 1/2 A DISTANCE OF 1325.09 FEET TO THE SOUTHEAST CORNER OF SAID EAST 1/2; THENCE NORTH 89'57'32' WEST ALONG THE SOUTH LINE OF SAID EAST 1/2 A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENOE NORTH 89"57'32' WEST coNTtNUtNG ALONG THE sourH LINE oF sAlD EAST 1/2 A DISTANCE oF 4s.98 FEET;THENCE LEAVTNG SAID SOUTH LINE NORTH 33"40'46'' WEST A DISTANCE 115.16 FEET TO THE

BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RAD|us oF 50.00 FEET; THENCE NORTHEASTERLY, s7.04 FEET ALoNG sAtD TANGENT CURVE THROUGH A CENTRAL ANGLE oF 42"20's6"; THENCE LEAV|NQ SAID TANGENT CURVE SOUTH 76"07'42" EAST A DISTANCE OF 92.04 FEET TO A POINT ON A LINE PARALLEL WITH AND 36.00 FEET WEST OF SAID EAST LINE; THENCE SOUTH O'10'44" WEST ALONG SAID PARALLEL LINE A DISTANCE OF rc3.42 FEET TO THE TRUE POINT OF BEGINNING.

Assessor's Parcel Number(s): 332-090-21
After recordation of the final map for Tract 6327,Phase II of Tract 5826, the boundaries of the annexation shallbe comprised of lots l-63, inclusive, of the Truct6327,Phase II of Tract 5826. TheboundariesofTract632T,PhasellofTract Ss26aredepicted,andannexed,asset forth below:
4 41236 O1A5/7(t7931.2
43 PHASE 2 OF TRACT 5826
63 62 61 60 59
47 48 49 50
56 55
46 45 44 43
54 53
42 27
cz
41 28
514A 29
39 30
38 31
26 37 32
25 36 33
2435 34
23 22
I 2 3 4
21 2A11 10 I I a 6 5
19 12 13 14 15 t6 17 18
I il

NORTHAVENUE
T-T
HEIDI AVENI]E
l TltTl
__l Lt llt_]-]

CATHERINE AVENTIE
--l_l
t
I
-I
(o)u -
WI-l
--l
)
I
\
Fq
D
2F
H
z
lr:l
Ir)
d
r{J
I
_l
i
I
EI
'z
lr)
trl
&A
N
t!
2t4
rl.}
-]FF
U
HLTNTER A\TNUE
t-t u-r
LEGEND

DIAMONDAVENUE

LIMITS OF SUBDIVISION

LOT LINE

ROAD CENTERLINE
EXISIINo ROAD RIGHT OF WAY LINE

PROPOSED RBHT AF WAY LINE

SECT'ON I'NE
2@23"4(425845
R.F"G,@.

SCALE: I1
44 CATIFORNIA ACKNOWTEDGMENT clvrl coDE g 1189
A notary public or other officer completing this certificate verifies only the identity ol the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of -tulnf€-
On before me, IY\uvr U
D?te lnserf Nome ond Title of the
personally appeared
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and officialseal.

Signature
Place Notary Seol ond/or Stomp Above Signoture of Notory Public

OPTIONAL
Completing this informotion can deter alteration of the document or fraudulent reottdchment of this form to on unintended document.

Description of Attached Document
Title or Type of Document:

Document Date; Number of Pages:

Signer(s) Other Than Named Above:

Gapacity{ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
tr Corporate Officer - Title(s): n Corporate Officer - Title(s):

E Partner- n Limited tr General
n lndividual tr Attorney in Fact
tr Trustee n Guardian or Conseruator
tr Other:

Signer is Representing: Signer is Representing
ei$s*lqdse fd*&q€sw#,.w,!ix*isrsd!]{4:*r-]ifi*il8dggKi*i&ts. ei.g.{trs8*n:r.ti*iits;:i O2019 National Notary Association
l
lir
tr Partner- n Limited tr Genercl
tr lndividual tr Attorney in Fact
n Trustee n Guardian or Conservator
tr Other:
/CAF\lr?trss3}r
ffii,
T!iare Counw
Commission # ?lig3
E.A, PULIDO.^{UNOZ
PublicNotary California
5l
Cornm. FebExpires 22, 2025
45 ATTACHME,NT 3
kras l\shared\Forms & Templates
46 WHEN RECORDED MAIL TO:

City Clerk
City of Sanger
l70A 7th Street
Sanger, CA93657
NO FEE - Government Code 6103 & 27383
APN:332-090-21
TRACT NO. 6327

COVENANT REGARDING LAND DEVELOPMENT F'OR THE
FINAL MAp OF',TRACT NO 6327, PHASE II OF TRACT 592666SANGER LANDSCAPE AND LIGHTING DISTRICT NO. 2' 47 Covenant Regarding Land Development for the Final Map of Tract No. 6327,Phase II of l'ract 5826
Sanger Landscape and Lighting District No. 2

This covenant and agreement is by and between the City of Sanger, a general law city ("City"), and D.R. Horton CA3, Inc., a Delaware corporation ("Covenantor") located at 419 W.

Murray Blvd., Visalia, CA 93291, and is effective the date first appearing on the Clerk's Attestation and signature for the City of Sanger.

RECITALS
A. Covenantor is the owner and developer of that certain real property in the City of Sanger, County of Fresno, State of California, hereinaftcr referred to as "the Sub.ject Property," and more particularly described as:

Lots 1 through 63, inclusive, of Tract No.6327, phase II of Tract 5826, in the City of Sanger, County of Fresno, State of California, according to the map thereof recorded in Volume _ of plats at Pages through _, Fresno County Records.

B. A condition of approval of Vesting Tentative Tract No. 5826 is a requirement that, prior to Final Map recordation, the Covenantor will annex the property to the Sanger Landscaping and Lighting District #2 ("District No. 2") to levy and collect assessments to cover the cost of rnaintaining all streetlights, landscaping, and irrigation systems within the LLMD No. 2 public right-of-way, and to cover the cost ofmaintaining special amenities located within the LLMD No. 2 public right-of-way or easelnents, including, but not lirnited to, maintaining masonry walls, storm water holding ponds, and rcundabouts. The Covenantor is also required to disclose to all potential lot buyers that the Tract has been annexed into LLMD No. 2. Said condition is set forth in Resolution No. 3966 as condition No. 5l (hereafter "LLMD condition").

C. The Covenantor and the City desire to enter into this covenant ("Covenant") providing for such annexation and notice to satisfii the LLMD Condition for the Subject property portion of Vesting Tentative Tract No. 5826,

COVENANT AND AGREEMENT
In consideratiorr of the foregoing recitals which are incorporated by reference and to satisfu the LLMD Condition, the Covenantor hereby covenants, promises, and agrees with thc City for the benefit of the City and benefitted properties that the Subject Property shall be held, conveyed, 01236.Ot0s/76E749.1
48 Covenant Regarding Land Development for the Final Map of Tract No. 6327,Phase II ofTract 5826
Sanger Landscape and Lighting District No. 2

encumbered, used, ocoupied, developed, maintained, and improved subjcct to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety of the Subject Property, the surrounding property and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Covenant shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive own€r ofthe Subject Property and Covenantor's heirs, successors, and assigns during Covenantor's ownership thereof.

1. The Covenantor agrees that prior to the recordation of Tract 6327, Phase II of Vesting Tentative Map No. 5826, Covenantor will annex the property to LLMD No. 2 to be levied and assessments collected to cover the cost of maintaining streetlights, landscaping, and iruigation systems within the LLMD No. 2 public right-of-way, and to cover the cost of maintaining special arnenities located within the LLMD No. 2 public dght-of-way or easements, including, but not limited to, maintaining rnasonry walls, storm water holding ponds, and roundabouts.

2. The Covenantor agrees to disclosc to all potential lot buyers, prior to transfer of ownership, that the parccl within the Subject Property is part of LLMD No. 2.

3. The conditions of this Covenant are intended to benefit the Subject Property, the public, the City and its public properties. Accordingly, it is agreed the City shall have the right to enforce this Coverrant by any legal or equitable means, including, but not limited to, obtaining an order of specific performance, against the Covenantor and such person or persons in actual possession of Subject property who clirectly or who through any agent violate the terms hereof.

4. The waiver by either party of a breach by the other of any provision of this Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Covenant. No provisions of this Covenant rnay be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

5. If either party is required to comrnence any proceeding or legal action to enforce or interpret any term or condition of this Covenant, including cnforcement of a lien thereunder or under LLMD No. 2, the prevailing parly in such proceeding or action shall be entitled to recover liom the other party its reasonable attomey's fees and legal expenses. For the purposes of this 0 1236.0 I 05/768749. r
49 Covenant Regarding Land Development for the Final Map of Tract No, 6327,Phase II ofTract 5826
Sanger Landscape and Lighting District No. 2

Covenant, "attomeys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attomeys in the course of the representation of the prevailing party in anticipation of and/or during the course of titigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attomeys'fees.

6. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

7. This Covenant shall not be deemed to confer any rights upon any individual or entity which is not a party hereto. The parties hereto expressly disclaim any such third-party benefit.
8' This Covenant may be amended only by a written instrument signed by both the City and the record owner of the Subject Property. Such instrument must be recorded in the Official Records of the County of Fresno,

9. This Covenant may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.
4t236.A105/768't49.t
50 Covenant Regarding Land Development for the Final Map of TractNo. 6327,Phase lI ofTract 5826
Sanger Landscape and Lighting District No. 2

IN WITNESS WHEREOF, the parties duly executed this Covenant.

City:

CITY OF SANGER
a Municipal Corporation
By:

Tim Chapa
City Manager
(Attach N o tary Aclotowledgment)
ATTEST:

By:

Rebeca Padron
City Clerk
Date:

APPROVED AS TO FORM:

B
Hilda Cantu Montoy
City Attomey
Covenantor:

DR HORTON CA3, INC.
a Delaware Corporation
By:

David Vice and Division
President of the Central Valley Division
(Auac h N o t ary A c lcnow I ed gment)
0t236.010s/768749.t
51 CATIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of -Trt\acp
On before me,
Dste Here lnsert Nome and Title of Officer
personally appeared Oqv i & F\o\c h
Nome(s)of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. \.. c I
Ff"R?\ A. r. pultoo.MuNoz
/r?[,*lf,X;\ Notary pubtrc . Cittfo'nta
l:.!(S+r;'ls:i rulare counry
\WP,-, .f ::'i'ill I l,'ji ii: i,,,
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and officialseal.

Signature
Ploce Notory Seol and/or Stomp Above Signoture of Notary Public

OPTIONAL
Completing this informotion con deter slteration of the document or froudulent reattdchment of this farm to on unintended document.

Description of Attached Document
Title or Type of Document:

DocumentDate: Numberofpages
Signer(s) Other Than Narned Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name; Signer's Name:
tr Corporate Officer - Title(s): il Corporate Officer - Title(s):

D Partner- n Limited E General
tr lndividual tr Attorney in Fact
D Trustee tr Guardian or Conservator
D Partner- tr Limited n General
tr lndividual tr Attorney in Fact
n Trustee n Guardian or Conservator
tr Other: n Other:

Signer is Representing: Signer is Representing:
}tstHe$u{${enfi}g
02019 National Notary Association
52 For the Meeting of: November 2,2023
Agenda Item No.: f, - |
CrrY oF SnNGER

RE,PORTTO THE, CITY COUNCIL
To:

From:

Subject:

Mayor and Councilmembers
Derek Sylvester, Senior Planner
Facade Improvement Grant Program - Review of Guidelines and Program Requirements
Attachments: Fagade Improvement Grant Program - Application and Guidelines CONF'LICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council review the Fagade Improvement Grant Program Application and Guidelines along with staffls remarks regarding obstacles applicants and staff have been encountering with application submittals and provide direction to modify guidelines as necessary or keep existing requirements.

EXECUTIVE SUMMARY:

The City Council previously approved the Facade Improvement Grant Program and associated application and guideline materials. Staff has received a total of 5 applications for properties within the downtown area to this date. Through staff review of these applications, it was found that they did not precisely meet the program guidelines or there is ambiguous interpretation of requirements. Staff is presenting these requirements to City Council so direction or clarification can be provided to staff to facilitate the next steps in the application process.

BACKGROUND:

The City Council previously approved the Facade Improvement Grant Program and associated application and guideline materials. Staff has received a total of 5 applications for properties within the downtown area. Through staff review of these applications, it was found that the applications did not Prepared by: Derek Sylvester Apptoved by: David Bdetic
REVIEW: City Manager: (/- Finance: City Attorney:

TYPE OF ITEM:

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

Continued to:
53 precisely meet the program guidelines. Staff is outlining the required items in the application and guidelines below and providing potential modifications to help interpretation and facilitate the program.

1. Requirement: Submittal of three (3) bids/cost estimates from California licensed contractors for the work to be done with indication of bid that the property owner wants to pursue.

Issue: Applicants having difficulty finding 3 bids from licensed contractors for specific improvements, such as awning improvements. Applicants have also approached staff with requests to include previously completed fagade improvements in their application. This previous work was completed after the fagade grant program was available to business owners. The program guidelines and application requirements do not provide for any flexibility in this area.

Suggested Modification: Allow applicants to provide fewer than 3 bids for qualified improvements if unable to find sufficient contractors. Allow applicants to include any previously completed, qualified improvements towards securing grant funds if the work was completed by a licensed contractor and within the timeframe the grant was made available.

2. Requirement: Submit a title report that is less than 90 days old Issue: Applicants had to spend upwards to $400 for a title company to provide this information.

Suggested Modification: Applicants can provide staff with receipts for costs incurred due to this requirement and include it in grant funds available.

3. Issue: Staff has received multiple applications from single property owners. The application and guidelines do not specify if the program can be applied for by the same owner of multiple properties.

Suggested Modification: Allow multiple applications from a single property owner. Staff interprets the intent of the program to provide improvements to downtown facades, regardless of ownership. In the event a property owner has ownership of multiple sites, they still must maintain and operate the businesses for 5 years or repay the City for the grant funds.

REASON F'OR RECOMMENDATION:

The City Council has previously approved the Facade Improvement Grant Program. The City Council is providing staff with direction regarding suggested modifications to the application and guidelines to facilitate the downtown fagade grant program.

FISCAL IMPACT:

Funds are already budgeted for the Fagade Improvement Grant Program.

ALTERNATIVES:

Keep existing program guidelines and requirements and direct staff to work with applicants to proceed with their application according to such.
54 ACTIONS FOLLOWING APPROVAL:

Community Development Department staff will modiff guidelines and work with applicants to disburse funds according to the modified procedures of the program guidelines. 55 CITY OF SANGER
Community Development Department
1700 7th Street
Sanger, California 93657
(559) 876-6300, Ext. 1520

FAQADE IMPROVEMENT GRANT PROGRAM

GTITDELINES & APPLICATION

CITY OF'SANGER
The City of Sanger Facade Improvement Grant Program is designed to encourage building renovations and to improve the appearance of commercial properties located in the City's Downtown.

Facade Improvement Grants are provided in recognition of the extremely valuable impact these investments have on the vitality of the City's Downtown. The goal of this program is to stimulate exterior improvements of existing commercial structures through facade improvements. These grants serve a public benefit to the City and its economic well-being.

GnaNr AuorrNT & Blsrc RneurnnnrnNrs
The Grant Program will be administered by the City of Sanger, Community Development Department. Under the Grant Program, the City will provide grants of up to a maximum of $10,000 to qualified property owners wishing to improve the facades of commercial buildings located in Downtown Sanger. Facade Improvement Grants will be fully amortized over afle-year period, with no repayment if the property is operated as a business and properly maintained and is not sold for a period ofat least five years.

EITcmmApPLICANTS
Owners of commercial property are eligible to apply for the Grant Program. Property owners may apply for up to $10,000 for qualified improvements. Property owners including any co-owners must sign a Grant Agreement as a condition of the Facade Improvement Grant.

Er-rcrrr,nAnn,r
Commercial properties within Downtown Sanger are eligible for the program. Downtown Sanger is defined as the C-3, Central Commercial Zone Districts, in the adopted 2035 Sanger General Plan. See the attached map depicting the eligible project area.

Eltcnr,n lupnovnupNrs
Eligible improvements include, but are not limited to
. Signs
o Doors
o Windows
o Awnings
o Landscaping
r Painting
1 56
Facade Improvement Program - City of Sanger 2023
GnlxrAcREEMENTTERMs
Propefty Owner must operate the business and maintain the propercty for a period of five years. If propefty is not maintained and operated for at least five years or is sold within five years, Property Owner must repay the City for the prorated amount.

GnawrAcnnEMENT
Receipt of grant is contingent upon execution of a Fagade Improvement Grant Agreement by Property Owner which will be recorded. The form of the Grant Agreement will be approved by the City Council. The Grant Agreement will include terms and conditions of the grant and covenants by Property Owner to operate and maintain the business for at least five years. Failure to do so or to sell the property within five years will require that Property Owner repay the grant.

The obligations to repay per above shall be a personal liability of Property Owner.

All Facade Improvement Grant Agreements are to be recorded.

Appr,lcntroNPRocEss
I Complete and sign application and submit to the City of Sanger Community Development Department.

E Submit three (3) bids/cost estimates from Californialicensed contractors, for the work to be done with indication ofbid that Properiy Owner wants to pursue.

U Submit a Title Report to Property that is less than 90 days old.

E Upon approval of grant application, you will receive a letter indicating grant and amount awarded.

E Submit copy of Construction Contract to Community Development Department.

E Submit construction plans to the City of Sanger Building Division.

E Obtain building permit.

I Pass building inspection.

E After completion ofwork, request payment.

E Community Development Department staff will examine finished work to ensure compliance with approved grant application.

E Upon completion of worlg a check is sent to Properfy Owner.

Frnsr Covrn, Frnsr Srnvno
The City of Sanger will accept Facade Improvement Grant Program applications on a first come first serve basis for approval by the Community Development Director. The application forms and a proposed Form Agreement between the Property Owner and City will be reviewed and approved by the City Council. Any applications received prior to final approval of application forms and proposed Form Agreement by the City Council will be allowed to be revised for any necessary material or information brought about by City Council review and approval. Such revisions must be received within ten days.

Revision of any application to satisf,z any necessary material or information brought about by City Council review and approval will not change the order of applications received on a first 2 57
Facade Improvement Program - City ofSanger 2023
come first serve basis. However, the order will change if revisions are not received within ten days.

Each application will be reviewed within forty-five (45) days of receipt.

Aprnar,s
Appeals of a decision of the Community Development Director may be made in writing and submiued to the City Clerk. Appeals will be submitted to the City Council for consideration within thirty-five (35) days of the date appeal was filed with the City Clerk. All decisions of the City Council shall be final.

Construction Requirements
Improvements shall be constructed in a workmanlike, professional manner, consistent with all applicable Building Codes and City Codes. Necessary permits shall be obtained for work requiring approval. No grant shall be made until approval of the application and all necessary plans.

For More Information or Application Contact:

David Brletic, Community Development Director
Phone: (559)-876-6300 Ext: 1520
dbrletic@ci. san ger. ca.us
3 58
Facade Improvement Program - City ofSanger 2023
Downtown Facade Grant Improvement Program
Application
l. Applicant(s) Name:

2. Address of Property:

3. Phone Number:

4. Business Name:

5. Title Report- No older than 90 days.

6. Property Ownership:

Property Owner(s), please submit with this application verification of ownership (i.e., copy of deed of trust, grant deed, etc.).

7. Description of Project and Costs:

Signage
Doors
$
$
Windows
Landscaping
Other
Total Cost of Complete Project:

Enclosed are drawings of elevations of proposed improvements (if applicable).

Enclosed is a breakdown of costs for work to be completed (required).

Enclosed Title Report- no older than 90 days
Enclosed is verification of ownership agreement.

8. Estimated project start date / completion date
$
$
$
$
$
$
4 59
Facade Improvement Program - City of Sanger 2023
General Provisions
Please allow forty-five (45) days for processing facade improvement grant request application.

Program funding will be void if project is not completed within 120 days from date grant is approved. A request for payment(s) must be submitted after work is complete.

Certification
I (We) certiff that the information given in this form is true and accurate to the best of my (our) knowledge. I (We) understand that the City of Sanger is relying on this information to make the requested grant and that any willful misrepresentation of fact may cause this application to be terminated. I (We) understand that the information provided in this form is subject to verification by program staff.

Signature of Property Owner Date
Signature of Property Owner Date
Acknowledeement
The Property Owner(s), by signing below, understand(s) that a covenant, requiring repayment of grant if property is sold within five years of receipt of grant or if business is not operated or maintained for five (5) years will be recorded against the property to be improved.

Signature of Owner Date
Signature of Owner Date
5 60
Facade Improvement Program - City of Sanger 2023
(For Ollice Use Only)
Date Application Received:

Date Application Review:

Improvements
Application Ownership
Grant Amount Requested:

Recommendation
Grant Amount Recommend
Reviewed By:

Date
Qualify
Do Not Qualiff
Owner
Tenant
Approval
Denial
o
61 Fot the Meeting of
Agenda Item No.:

Novembet 2,2023
/-z
CrrYoF SINGER
Rtr,PORT TO THE, CIry COUNCIL
To:

From:

Subject:

Attachments:

CONFLICT OF INTEREST:

Mayor and Councilmembers
David Brletic, Community Development Director
Initiation of Vacation and Setting the Date, Hours, and Place for Public Hearing to Consider the Vacation of an unnamed existing alley between Cherry and Edgar Avenues, and West of Academy Avenue
1) Location Map
2) City Council Resolution No.2023- (o't (Initiation of Vacation) 3) City Council Resolution No.2023-f? (ntent to Vacate Alley and Setting Hearing)
4) Planning Commission Resolution No. 2023-10
None known.

RECOMMENDATION:

Staff recommends the City Council:
(i) Adopt Resolution No.2023{12 authorizing the initiation of proceedings to vacate a portion of the subject alley; and
(ii) Adopt Resolution No.2023la) which both accepts the report from the Planning Commission on the conformance of the proposed vacation with the City's General Plan, as well as sets the date, hour, and place for a public hearing to consider whether to vacate a portion of the subject alley located between Cheny Avenue and Edgar Avenue, West of Academy Avenue and South of the already vacated portion of the alley.

Ptepared by: Approved by:

REVIEW: City Manager: a, Finance: City Attomey:

TYPE OF ITEM:

X
X
Consent
Informational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Gouncil Member
Other
Continued to:
62 EXECUTIVE SUMMARY:

The City of Sanger received a request from Kristin Ainley, on behalf of Self-Help Enterprises, to vacate an alley adjacent to a proposed project on July 6, 2023. The alley is currently un eur"-.nt and is proposed to be vacated as it is unnecessary for present or prospective public use. The properties on either side of the existing alley would be expanded to include the alley area. The sites bordering the alley have sufficient circulation capacity and access, and the current condition ofthe alley is unusable. The vacation is being conducted pursuant to Streets & Highways Code section 8320 et seq.

BACKGROUND:

The Planning Commission reviewed the proposed vacation on September 28, 2023, and found that it is consistent with the Land Use and Circulation elements of the City's General Plan. The Planning Commission therefore adopted Resolution No. 2023-10 (see attached), making a report of General Plan consistency, and recommending that the proposed vacation does not pose any significant environmental impacts.

The City Council may now initiate proceedings and set a hearing on the proposed vacation and authorize posting and publishing of the notice of hearing (see Resolution No. 2023-_ attached). Per Streets & Highways Code 8322, the notice of hearing must be published for two consecutive weeks before the hearing. Additionally, notices of vacation must be posted along the line of the alley proposed to be vacated.

Staff has prepared a resolution to set the hearing and authorize the posting and publishing of the notice of public hearing for Council approval. Notices of the public hearing are advertised and posted along the route of the portion of the alley vacation so that members of the public who might be affected by the vacation will have the opportunity to attend the Decemb er 7 ,2023 public hearing. Members of the public who attend the public hearing will be able to tell the City Council why they support or oppose the vacation of the portion of the subject alley.

REASON F'OR
Approval allows for the potential development of multifamily housing by Self-Help, which will help ensure the City meets the requirements of its Housing Element and State law mandates regarding needed housing for the community. Vacation of the alley also reduces the risk of liability for the City as the property is no longer required for present or prospective public use.

FISCAL IMPACT:

None
ALTERNATIVES:

To approve the resolutions with amendments, or not approve the resolutions and provide fuither direction to Staff.

ACTIONS FOLLOWING APPROVAL:

Staff will proceed with noticing requirements and a public hearing will be scheduled to consider the alley vacation on December 7,2023.
63 ATTACHME,NT 1
\\nas l\shared\Forms & Templates
64 City Council Staff Report
Attachment A
65 ATTACHME,NT 2
\\nas I \shared\Forms & Templates
66 RESOLUTION NO. zOB-b 2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,

CALIFORNIA DECLARING THE CITY COUNCIL'S INTENT TO INITIATE

PROCEEDINGS TO VACATE A PORTION OF AN ALLEY GENERALLY LOCATED

BETWEEN CHERRY AVENUE AND EDGAR AVENUE, WEST OF ACADEMY

AVENUE, SOUTH OF THE ALREADY VACATED PORTION OF THE ALLEY WHEREAS, the Self-Help Enterprises has proposed the Cheny Crossing Multifamily project, which will need to utilize portions of the adjacent alley area to accommodate the expand project and provide needed multifamily housing for the community; and WHEREAS, to accommodate the project, the alley adjacent to the site must be vacated to be used as part of the development; and
WHEREAS, the proposed area to be vacated is that portion of the unnamed alley located between Cheny Avenue and Edgar Avenue, west of Academy Avenue, south of the already vacated portion of the alley, as described in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated herein; and
WHEREAS, pursuant to Section 8320 of the Streets & Highways code of the State of California, the legislative body of a local agency may initiate a proceeding to vacate a public right- of-way on its own initiative; and
WHEREAS, the City Council desires to initiate vacation proceedings to determine whether the City should vacate the subject alley as proposed.

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

Section I 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 The initiation of proceedings to determine whether the vacation of the subject alley is in the best interests of the residents of the City Section 3 The City Council hereby initiates the proceedings to consider the vacation of the subject alley.

Section 4. This Resolution shall become immediately effective.

The foregoing resolution was adopted at regular meeting of the City Council of the City of Sanger held on November 2,2023, by the following vote:
01236.0105/932930.1
67 AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

APPROVED:

Rebeca Padron
City Clerk
Frank Gonzalez,Mayor
City of Sanger
01236.010s/932930.1
68 ATTACHME,NT 3
\\nas 1 \shared\Forms & Templates
69 RESOLUTION NO. 2ON-b3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,

CALIFORNIA SETTING THE DATE, HOUR, AND PLACE FOR THE PUBLIC

HEARING TO CONSIDER WHETHER TO VACATE A PORTION OF THE ALLEY

GENERALLY LOCATED BETWEEN CHERRY AVENUE AND EDGAR AVENUE,

WEST OF'ACADEMY AVENUE, SOUTH OF THE ALREADY VACATED PORTION

OF THE ALLEY
WHEREAS, the Self-Help Enterprises has proposed the Cherry Crossing Multifamily project, which will need to utilize portions of the adjacent alley area to accommodate the expand project and provide needed multifamily housing for the community; and WHEREAS, to accommodate the project, the alley adjacent to the site must be vacated to be used as part of the development; and
WHEREAS, the proposed area to be vacated is that portion of the unnamed alley located between Cherry Avenue and Edgar Avenue, west of Academy Avenue, south of the already vacated portion of the alley, as desuibed in Exhibit"A" and depicted in Exhibit "B", attached hereto and incorporated herein; and
WHEREA$ pursuant to Section 8320 of the Streets & Highways code of the State of California, the legislative body of a local agency may initiate a proceeding to vacate a public right- of-way on its own initiative; and
WHEREAS, pursuant to Government Code Section 65402, prior to vacation of a street, the Planning Commission must find and determine that such proposed vacation is consistent with the City's adopted General Plan; and
WHEREAS, the Planning Commission did, at its meeting on September 28,2023,make a report to the City Council finding and determining that the proposed vacation is consistent with the City's adopted General Plan; and
WHEREAS, the City Council did, at its meeting on November 2,2023, adopt Resolution No. 2023-_, giving notice of the City Council's intent to vacate that portion of the subject alley, and requesting that the Planning Commission determine whether the proposed vacation is consistent with the City's General Plan; and
WHEREAS, the City Council now desires to set the date, hour, and place for a hearing to determine whether the City should vacate said portion of the subject alley.

NOW, THEREFORE, the City Council of the City of Sanger does resolve as follows:
01236.O1O5/932932.t
70 Section 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

Section 2. The City Council accepts the Planning Commission's report finding the proposed alley vacation in conformance with the City's General Plan.

Section 3. Pursuant to California Streets & Highways Code Section 8320, et seq.,the City Council hereby declares that a public hearing will be held on December 7 ,2023 in the City Council Chamber for the City of Sanger, located at 1700 7th Street, Sanger, at 6:00 p.m., at which time the City Council will consider vacating and closing to public use that portion of the existing alley.

Section 4. The Community Development Department shall cause to be published two notices of public hearing, and shall post at least three notices of the proposed vacation portion in the portion of the vacation area, as required by Streets & Highway Code Sections 8322 and 8323.

Section 5 The City Council hereby authorized the initiation of proceedings to consider the vacation of the subject alley.

Section 6 The City Council shall conduct a public hearing, as required by statute, and consider all of the evidence submitted concerning the proposed street vacation.

Section . This Resolution shall become effective immediately after the Resolution initiating the vacation of the alley, which was concuffently considered by the City Council. *,1. * * * * r* * * t {. * * * r* rf * {.,1. * * * * *
The foregoing resolution was adopted at regular meeting of the City Council of the City of Sanger held on November 2,2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

AITEST:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

COTINCILMEMBERS:

APPROVED
Rebeca Padron
City Clerk
Frank Gonzalez,Mayor
City of Sanger
oL236.OrOs/932932.t
71 ATTACHME,NT4
\\nas l\shared\Fonns & Templates
72 5A NC
,'\
t: ll

CITY OF SANGER

PLANNING COMMISSION
RESOLUTIOI{ lYO. 20x'rc

A RESOLUTION OF TITE PLANNING COMMISSION OF'THE CITY OF SANGER MAKING A

REPORT TO TIIE CITY COUNCIL REGARDING THE CONFORMITY OF THE VACATION

OF AN ALLEYWAY WITH THE GENERAL PLAN (GENERALLY LOCATED BETWEEN CI{ERRY AVENUE AND EDGAR AVEI\ruE, WEST OF ACADEMY AVENUE) WHEREAS, the applicant, Kristin Ainley on behalf of Self-Help Enterprises, has made a request that the alley to the east oftheir property be vacated; and WHEREAS, the alley proposed to be vacated between Cherry Avenue and Edgar Avenue is an undeveloped 20-foot-wide right-of-way approximately 310 feet in length; and WHEREAS, a section of the existing alley has already been vacated, and structures built into the area precluding thru traffic and rendering the alley unable to facilitate vehicle circulation; and WIIEREAS, the applicant, Kristin Ainley on behalf of Self-Help Enterprises, is proposing that the remaining length south of the existing vacated portion of the alley, between Cherry Avenue and Edgar Avenue, be vacated, removing the remaining right-of-way that constitutes the alley, pursuant to the California Streets and Highways Code, Section 8300 et. seq.; and WHEREAS, under the City's Municipal Code, the Planning Commission is authorized to review and make a report to City Council findings of summary vacations and General Plan Conformity for right- of-way vacations on behalf of the City and environmental assessments for associated vacations on behalf of the City; and
WHER-EAS, the Planning Commission received and considered whether the proposed summary vacation of the alley is in conformity with the City of Sanger General Plan at a duly noticed meeting on September 28,2023; and
WHEREAS, the Planning Commission desires to report to the City Council that the proposed summary of vacation of the alley would not be in conflict with the goals and policies of the General Plan; and
WHEREAS, the Planning Commission also desires to recommend to the City Council that the proposed summary vacation of the alley between Cherry Avenue and Edgar Avenue would not pose any significant environmental impacts and is appropriately determined to be categorically exempt under Section 15305 (Minor Alterations in Land Use Limitations) and Section 15301 (Existing Facilities) of the CEQA Guidelines.
01236.01 05/918836.1
73 NOW THER"EFORE, the Planning Commission of the City of Sanger resolves as follows:
l. Recitals: The above recitals are true and correct and are incorporated herein.

2. CEOA Recommendatioq: A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The Planning Commission recommends that the City Council find and determine that the vacation of the alley way is categorically exempt under Section 15305 (Minor Alterations in Land Limitations) of the State CEQA Guidelines because the projeot will not result in a physical alteration or disturbance of soil, water, or vegetation and is consistent with applicable general plan designations and policies and is served by all required services and utilities. Further, the vacation is also categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) as it is a minor change to the City's street and alley network having a negligible impact on circulation given that the alley has already been partially vacated as has very negligible existing use. Finally, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this projeot.

3. Findings of General Plan Conformity: The Planning Commission finds and reports to the City Council as follows: The proposed vacation is consistent with the goals, objectives, and policies of the Sanger General Plan. Action Plan 3(c), page2-5A of the General Plan, specifically directions that the City "ldentifr alleys that can be abandoned and initiate the process consistent with the Streets and Highways Code." The proposed vacation specifically implements that Action Plan. Further, the Circulation Element of the General Plan does not identiff the alley as a future roadway, and as such the vacation does not conflict with the Circulation Element of the General Plan or otherwise interfere with its implementation. Finally, the vacation of the remainder of the alley prevents potential blight, which is a stated purpose of the General Plan. As such, the vacation is consistent with the General Plan.

4. Effectlve Date: This resolution is effective immediately * * * * *
The foregoing resolution was adopted upon a motion by Vice Chair Ken Garcian Commissioner Antonio Aguilar seconded the motion at a regular meeting of the City of Sanger Planning Commission on the 28th of September, 2023, and carried by the following vote:

AYES: CHAIR KEVIN CARTER, VICE CHAIR KEN GARCIA,

COMMISSIONER KARI DANISKA, COMMISSIONER ANTONIO

AGUILAR, COMMISSIONER MARY LOPEZ
NOES:

ABSTAIN
ABSENT:

Dated: September 28, 2023
NONE
NONE
COMMISSIO}IER DREW ESQUE& COMMISSIONER VICTOR ECHEVERRIA Dsvid Brletic, Secretary
01236.01 05/91 8836,1
Planning Commission of the City of Sanger
74 For the Meeting of: Novembet2,2023
Agenda Item No.: f - 3
CrrYoF SINGER

REPORT TO THE, CITY COUNCIL
To:

From:

Subject:

Attachments:

Mayor and Councilmembers
Greg Tarascou, Fire Chief
Budget Amendment for Obtaining Consulting Services for the Fire Department Strategic Plan
Resolution No. 2O23-by
Exhibit "Ao' Budget Amendment
CONF'LICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council approve Resolution No.
amount of $30,000 to the current Measure "S"
authorizing a budget amendment in the
plan for the purposes of obtainingten-year
consulting services to assist with developing a five-year strategic plan for the Fire Department.

EXECUTIVE SUMMARY:

The Fire Department is in need of a short-term Strategic Plan. This process normally involves obtaining qualifications for consulting services from several different firms to assist the City in developing this plan. This document coupled with the Standards of Cover and Community Risk Assessment that was completed in December of 2019 will assist the Fire Department in the implementation of goals and objectives for public safety services in the City for the next three to five years.

The Citizens Oversight Committee considered this item at their October 3,2023 regularly scheduled meeting and affirmed that this expenditure is an appropriate use of Measure "S" funds.

Prepared bv: Gres Tarascou Approved by:

REVIEW: CityManaget, /L Finance: City Attorney: _
TYPE OF ITEM:

Consent
Info Item
X Action Item
X Deoartment Reoort
Redevelooment Asencv
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
75 BACKGROUND:

Since coming out of the COVID-l9 pandemic, the Fire Department has undergone a series of transitions including recruitment and retention issues, increases in the Non-Safety EMT and Paramedic programs, increases in service level demands, newer requirements on fire prevention and community risk reduction strategies, ambulance billing demands and requirements and succession planning for future growth.

Coupled with this is the City's recent annexation of the Academy Avenue and Highway 180 areas with the impending North Avenue and Greenwood Avenue subdivisions. With this, the Fire Department would greatly benefit from a formal strategic planning process.

Strategic planning involves building systems and processes that pursue outcomes. It focuses on short- term (three to five years in duration) challenges and gaps that could impede service. This information is supplemented by input from internal and external stakeholders, who provide valuable insight to the agency. As performance gaps are identified, the organization works to determine the desired outcomes, supporting objectives, and critical tasks necessary to close or eliminate the potential gaps. The strategic plan then provides a comprehensive, living and active management tool that helps focus organizational resources on achieving those short-term, measurable outcomes. This process serves to maximize department efficiency and effectiveness through the development of a shared vision and clearly identified goals.

REASON F'OR R ATION:

This budget amendment is necessary to obtain a consulting firm to assist in performing this study F'ISCAL IMPACT:

The amount of $30,000 is an estimation of the contract services. Once a final price is negotiated, the total price will be adjusted in the expenditure plan from the fund balance.

ALTERNATIVES:

Do not accept the amendment in which case the City will look for other funding sources to complete this project
ACTIONS F'OLLOWING APPROVAL:

Upon approval staff will follow the purchasing guidelines in the Municipal Code to obtain these professional services and a contract will be brought back to the City Council if necessary. \\nas1\shared\Forms & Templates
76 RESOLUTTON NO. 2823- 6r/

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A 2023-2024 FISCAL YEAR BUDGET AMENDMENT FOR THE PURPOSES OF OBTAINING

CONSULTANT SERVICES FOR A FIRE DEPARTMENT STRATEGIC PLAN WHEREAS, the City of Sanger Annual Budget requires amendments to adjust the estimated revenues and appropriations to reflect the City's financial plan; and WHEREAS, the annualbudget contains the estimated revenues and appropriations necessary to implement the City Council's policies, goal and objectives; and WHEREAS, during the fiscal year the Fire Department recognized that the Department is in need of a five-year strategic plan; and
WHEREAS, the Fire Department completed a Standards of Cover and Community Risk Assessment in December of 2019 and these documents provide a foundation for the Fire Departmenfs operational and administrative duties; and
WHEREAS, the City Council of the City of Sanger does hereby find that it would be in the best interest of the City to revise the estimated revenues and appropriations for the purpose of obtaining consultant services for a Fire Department Strategic Plan; and WHEREAS, a budget amendment in the amount of $30,000 is necessary.

NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sanger that the Annual Budget be amended as set forth in Exhibit "A" for Revenue Adjustments and for Appropriation Adjustments which are attached hereto and incorporated herein by reference and are hereby approved, and the Administrative Services Director is hereby authorized and directed to record the appropriate accounting entries. )t )i rF rl )F * )F )F rF rF )F )F r+ )+ )+ )+ )T
The foregoing Resolution was considered by the City Council for the City of Sanger at a regular meeting of said Council held on the 2"d day of November 2023 and approved by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: CouncilMembers:

ATTEST:

Rebeca Padron, City Clerk
77 Gity of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Gouncil
Resolution Number:

Date: 11t2t2023
Reason for change in appropriation:
for the Fire DeDartment,

EXHIBIT A
To obtain consulti services for a
Accounting Use Only
Budget Acljustment Num ber:

Estimated Additional
Estimated Revenues Available
Fund Name
Fund
No.

Dept.

No.

Prgm
No.

Object
No.

Appropriation
Amount
Professional Services 208 50 10'l 6290 $ 30.000.00
Total Reouested Aoorooriation 30.000.00s
Cufi ent 2023 -2024 Aoorooriation
Adiusted Total Aoorooriation: 30.000.00$
Fund Name
Fund
No.

Dept.

No.

Prgm
No.

Object
No.

Est. Revenue
Amounl
Measure "S" fund balance
Total Estimated Additional Revenue: $
Current 2023-2024 Estimated Revenue:

Adiusted Total Estimated Revenue:

Director's Signature
Finance Director's Signature
Date:
\\nas1 \shared\Forms Templates
Date:
78 To:

From:

Subject:

Attachments:

For the Meeting of: November 2,2023
Agenda Item No.: U I
CrrYoF SINGER
Rtr,PORT TO THE. CITY COUNCIL
Mayor and Council Members
Hilda Cantu Montoy, City Attomey
City Council Meetings and Rules of Decorum
Ordinance NolrD3€qRegarding City Council Meetings and Rules of Decorum CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Waive full reading and introduce Ordinance Amending Section 2-26 of the Sanger Municipal Code and Adding Section 2-30 Relating to Regular Meetings of the Council and Rules of Decorum at Meetings.

EXECUTIVE SUMMARY:

At the meeting of October 5,2023, the Council by consensus directed that City Attorney prepare Council Meeting Rules of Decorum. The proposed ordinance clarifies the Council's meeting date ordinance and provides rules for decorum at meetings. The purpose of the ordinance is to ensure that the City Council may conduct its meetings in an orderly, efficient, and fair manner while at the same time ensuring that members of the public have an opportunity to be heard on agenda matters and on matters under the subject matter jurisdiction of the City.

BACKGROUND:

The City Council conducts Open and Public Meetings in accordance with the Brown Act and recognizes that the right of members of the public to speak is fundamental and essential to the proper functioning of our democratic government. The Council also recognizes that the First Amendment to the United States Constitution preserves the ability of members of the public to criticize and question government and govemment officers. However, the right to speak is not absolute. A City Council may adopt reasonable Ptepated by: Approved by:

REViEW: City Manager: t// Finance: City Attorney:

TYPE OF ITEM:

Consent
Infotmational Item
Action Item
Depattment Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
X Mattet Initiated by a Council Member
Other:

Continued to:
79 regulations to protect its legitimate interest in conducting an orderly public meeting, and to ensure that in the exercise of the right to speak and the right to attend a meeting, a person does not impinge on the rights of others.

A City Council Meeting is a governmental process with a governmental purpose. The Council has an agenda to be addressed with a result, the City Council has a legitimate interest in conducting efficient, orderly meetings. Members of the public may speak on action agenda items and also on non-agenda items for matters under the City's jurisdiction. Per Government Code Secti on 54954.3(b) of the Brown Act, the City Council is authorized to adopt reasonable regulations to effectuate the legislative intent that public comments at meetings be limited to items matters within the subject matter jurisdiction of the City including, not limited to the total amount of time allocated for public testimony on particular issues and for each individual speaker.

The proposed otdinance is in keeping with the City Council's desire to ensure its business is conducted in an otdedy, efficient znd fatt maflner and to ensure that members of the public have an oppotunity to be heatd on matters within the City subject matter judsdiction. Disruptive conduct prevents the Council from accomplishing its business in an otdedy, efficient, and farr manner. It also interferes with the right of other individuals to be heatd.

The ptoposed ordinance:
o Assists the Council in preventing and addressing disruptive conduct at meetings, . Applies to persons addressing the Council and persons attending the meeting, o Describes the authority of the Presiding Officet at meeting whethet it is the Mayor, Mayor Pto Tem or othet petson so designated,
o Describes the rules that must be observed including getting the floor, directing remarks to the Council, staying within time allowed, not disturbing the peace of the meeting by loud and unreasonable rules, making comments relevant to ^fi agenda item, not engaging in conduct which disrupts, disturbs, impedes ot renders infeasible the ordetly conduct of the meeting, or is likely to ptovoke others to violent or riotous behavior.

The term "disrupting behavior" is defined as (i) failure to comply with the reasonable and lawful regulations adopted by the Council and (ii) engaging in behavior that constitutes the use of force or a true threat of force. The ordinance provides for an enforcement warning to be made by the Presiding Officer followed by a.t order to leave if necessary. In the event, a person does not leave, the Presiding Officer may order removal. No warning is required for conduct relating to use of force or a true threat of force. Finally, the ordinance provides for penalties including prosecution under the Sanger Municipal Code or the Penal Code.

The Council may also adjourn a meeting if it becomes infeasible to restore order.

This office is curtently working on a resolution relating to the adoption of rules of procedure for the conduct of City Council meetings. That tesolution is scheduled fot the next regular meeting. Those rules will include a section on rules of ordet and decotum at meetings mirroring the ordinance as well as other matters such as agendas, motions, and conducting public headngs. However, it is necessary to have this language in ordinance form to allow for potential necessafy enforcement.

REASON FOR RECOMMENDATION:

To enable Council to conduct orderly meetings and allow members of the public to be heard. 80 ACTIONS T'OLLOWING APPROVAL:

As noted the rules will be embedded in forthcoming City Council Meeting Rules which will be adopted by resolution.
81 ORDINANCE NO. 3-oq

AN ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF SANGER
AMENDING SECTION 2-26 OF THE SANGER MUNICIPAL CODE AND
ADDING SECTION 2.30 TO THE SANGER MUNICIPAL CODE

RELATING TO REGULAR MEETINGS OF THE CITY COUNCIL AND

RULES OF'DECORUM AT MEETINGS
THE CITY COLINCIL OF THE CITY OF SANGER ORDAINS AS FOLLOWS:

SECTION 1. Section 2-26 of the Sanger Municipal Code is amended to read as follows Section 2-26.Time and place of meetings.

Regular meetings of the City Council shall be held in the Council Chamber of City Hall at 1700 Seventh Street, Sanger, California, on the first and third Thursdays of each month at the hour of 6:00 p.m.A regular meeting will not be held in the event a regular meeting falls on a holiday. In such event or in the event a quorum of the Council will not be present at a regular meeting, the Council may set another date for that meeting or cancel the meeting.

SECTION 2. Section 2-30 is add to the Sanger Municipal Code to read as follows:

Section 2-30. Rules of Decorum at Meetings.
(a) Meetings of the City Council must be conducted in an orderly manner to ensure that the public has an opportunity to be heard and that the Council's deliberative process is not disrupted.
(b) The Presiding Officer at Council Meetings shall be the Mayor, Mayor Pro Tem or, in their absence, another member so designated by the Council. The Presiding Officer is responsible for maintaining the order and decorum of meetings. Rules of Decorum and Order are intended to preserve the rights of persons addressing the Council and members of the audience at the meeting.

This will allow the City Council to continue its work on behalf of the public. (c) While any meeting of the City Council is in session, the Rules of Decorum must be observed as follows:
(1) A person, other than members ofthe Council and the person having the floor shall not be permitted to enter into the discussion or make comments unless requested by the Presiding Ofhcer to speak.
(2) All remarks shall be directed to the council as a body, and not to any particular Council Member or member of staff.
(3) Members of the Council shall wait until a person completes his/her/their public comments before asking questions or commenting. The Presiding 1 82
Officer shall then ask Council Members if they have comments or questions.
(a) While the City Council is in session, all persons addressing the Council and all persons in attendance must preserve order and decorum and not engage in disrupting behavior.
(5) The Council Chamber is small. Signs, placards, banners, or other similar items shall not be permitted in the audience if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. (6) A person who attends a City Council meeting or who addresses the Council under public comment for a specific agenda item or under the general public comment section of the agenda may not engage in speech or conduct which:
(i) disturbs the peace of the meeting by loud and unreasonable noise, (ii) is irrelevant or repetitive,
(iii) which goes beyond the time allowed for public comment, (iv) which disrupts, disturbs, impedes or renders infeasible the orderly conduct of any City Council meeting, or
(v) is likely to provoke others to violent or riotous behavior. (d) Disrupting Behavior. The Presiding Officer is authorized to remove, or cause the removal of an individual for disrupting a Council meeting. The term "disrupting" as used in this section means: (i) a failure to comply with reasonable and lawful regulations adopted by the Council including the Rules in this Section 2-30, andlor (ii) engaging in behavior that constitutes the use of force or a true threat of force.
(e) Enforcement. The Presiding Officer shall be responsible for maintaining the decorum of the public meeting in a fair manner and for enforcing the rules of decorum.
(1) Enforcement Waming Required. In the event a person breaks the rules of decorum in a manner that disrupts the meeting, the Presiding Offrcer shall warn aperson who is breaching the rules of decorum to cease such conduct.

If after receiving such a warning, the person persists in breaching the rules of decorum, the Presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Presiding Officer may request the Police Chief or Police Chief s designee to remove the person from the Council meeting. In the event there is no one from law enforcement present, the Presiding Officer may direct the City Manager to 2 83
contact law enforcement.
(2) No Warning for Use of Force or True Threat of Force. The Presiding Officer is not required to give a warning to a person who is breaching the rules of order and decorum when the individual engages in behavior that constitutes use of force or a true threat of force. The Presiding Officer may order the person to leave the city Council Meeting. If the person does not leave, the Presiding officer may request the Police chief or Police chief s designee to remove the person from the Council meeting. In the event there is no one from law enforcement present, the Presiding Officer may direct the City Manager or other staff person to contact law enforcement. The term olrue threat of force" means athreatthat has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be anactual threat to use force by the person making the threat.
(3) Penalties. Pursuant to Section 1-23 of this Code, a violation of this Section 2-30 is a misdemeanor. Depending on the nature of the disruptive conduct, a person engaging in disruptive conduct may be subject to an infraction or misdemeanor for violation of this code and/or subject to prosecution under the California Penal Code.
(f) Adjournment. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjoumed or continued by the Presiding Officer, or by a majority of the Council, and any remaining council business may be considered at the next meeting.

SECTION 3. Effective Date. This ordinance shall become effective thirty days after its adoption.

SECTION 4. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Sanger and shall cause this Ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.

The foregoing ordinance was introduced at a meeting of the City Council of the City of Sanger held on November 2,2023, and was passed and adopted at a regular meeting of the City Council held on 2023, by the following vote
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Rebeca Padron
City Clerk
Frank Gonzalez, Mayor
City of Sanger
J
84