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, DECEMBER 7, 2023
6:00 P.M.
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
Note: The following item will commence no sooner than 6:15 PM.
D. PUBLIC HEARING
1. SUBJECT: Redrawing of City Council District Boundaries as a Result of Annexation of Property Members
RECOMMENDATION: T hat the City Council conduct Public Hearing No. 1 to receive a report from staff on the redistricting and process and permissible criteria for redrawing district boundaries for the four City Council districts and to receive public input.
E. PRESENTATIONS
1. The CrisCom Company Quarterly Report
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.
City Council Agenda
December 7, 2023
F. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address. The Council is prohibited by law from taking action on items not on the agenda.)
G. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Final Acceptance for Well 19 Test Well.
RECOMMENDATION: That the City Council:
1. Accept the work for the Well No. 19 Test Well in the amount of $230,825.00;
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5% retention in the amount of $411,541.25 to Johnson Drilling Company upon expiration of the 35-day lien period.
2. SUBJECT: Technical Service Support Agreement with Stryker Medical.
RECOMMENDATION: That the City Council approve the technical support agreement between the City of Sanger and Stryker Medical, and authorize the Interim City Manager to execute the agreement on behalf of the City.
3. SUBJECT: Out of State Travel Request.
RECOMMENDATION: That the City Council approve the Out of State travel and training for the Fire Chief and Executive Assistant to attend the Administrative Fire Services Section annual conference in Reno, Nevada from April 10 – 13, 2024.
4. SUBJECT: Emergency Repairs: Domestic and Industrial Pipe.
RECOMMENDATION: That the City Council adopt Resolution No. 2023-66 reviewing the emergency action taken by the Interim C ity Manager to make emergency repairs on sewer lines and approving the award of emergency contract(s) without competitive bidding for the emergency repairs of the domestic and industrial effluent lines located at the city’s wastewater treatment plant.
H. PUBLIC HEARING
1. SUBJECT: Vacation of an Unnamed existing Alley between Cherry and Edgar Avenues, and West of Academy Avenue.
RECOMMENDATION: T hat the City Council conduct the public hearing and adopt Resolution No. 2023-67 vacating the subject alley vacation area.
City Council Agenda
December 7, 2023
I. DEPARTMENT REPORTS
1. SUBJECT: Amendment to Agreement with The CrisCom Company.
RECOMMENDATION: That the City Council approve Amendment No. 1 to Contract for Consultant Services with The CrisCom Company relating to lobbying and advocacy services, effective January 1, 2024, in addition to their current grant writing services and authorize the Interim City Manager to execute the Amendment.
2. SUBJECT: Appointment to the Consolidated Mosquito Abatement District Board of Trustees.
R ECOMMENDATION: That the City Council make an appointment to the Consolidated Mosquito Abatement District Board of Trustees by either:
1. Reappointing Karen Steinhauer to a two year term;
2. Reappointing Karen Steinhauer to a four year term; or
3. Implementing a process to solicit interest from residents who have the necessary education, training and experience followed by an appointment.
3. SUBJECT: Final Map Agreements and Covenants for Tract No. 6327 – Phase II of Tract No. 5826.
R ECOMMENDATION: That the City Council adopt Resolution No. 2023-68, approving:
1. The Final Map for Tract No. 6327, Phase II of Tract No. 5826;
2. The Subdivision Agreement for Final Map of Tract No. 6327, Phase II of Tract No. 5826;
3. Statement of Covenants affecting Land Development acknowledging Right to Farm Law for the Final Map of Tract No. 6327, Phase II of Tract No. 5826;
4. Covenant regarding Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826 “Sanger Landscape and Lighting District No. 2”;
5. Covenant regarding Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826 “Community Facilities District No. 2005-01”.
6. Temporary Sewer Lift Station Covenant A ffecting Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826; and
7. Agreement for Common Use of Easements.
4. SUBJECT: Authorization to Advertise for Bids – Well 19 Drilling and Development.
R ECOMMENDATION: That the City Council provide direction to Staff to advertise for bids for a project to drill and develop Well 19 prior to the final approval of a funding agreement with the State Water Resources Control Board Division of Financial Assistance (DFA).
5. SUBJECT: Sanger Youth Council.
RECOMMENDATION: That the City Council support bringing back the Sanger Youth Council with adjustments to maximize the program.
City Council Agenda
December 7, 2023
6. S
UBJECT : Measure S Renewal Beginning FY 2029.
RECOMMENDATION: That the City Council consider the Proposal to provide Planning, Communications & Engagement Services for the City of Sanger’s Long-Term Public Safety Vision from the Lew Edwards Group and authorize the Interim City Manager to negotiate an agreement for Council review and approval.
7. S
UBJECT : Fresno County Draft Infectious Disease O rdinance.
RECOMMENDATION: That the City Council provide direction as to the City of Sanger desired participation in Fresno County Infectious Disease Ordinance, scheduled for a vote at the Fresno County Supervisors’ meeting on Tuesday, December 12, 2023.
J. C
ITY MANAGER/STAFF COMMUNICATION
K. MAT
TERS 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.)
L. ADJ
OURNMENT
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 1st day of December 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. Writin gs 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.
For the Meeting of: December 7,2023
Agenda Item No.: D-tCITY OF SANGER
REPORT TO THE CITY COUNCIL
TO:
FROM:
SUBJECT:
MAYOR AND COLTNCILMEMBERS
Becky Padron, City Clerk/Deputy Personnel Officer
Public Hearing to Receive Input from the community Regarding the Redrawing of City Council District Boundaries As a Result of Annexation of Property Members
Attachments: Map Depicting Council Districts and Annexed Tenitory RECOMMENDATION:
That the City Council conduct Public Hearing No. I to receive a report from staff on the redistricting process and permissible criteria for redrawing district boundaries for the four City Council districts and to receive public input.
EXECUTIVE SUMMARY:
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. That process was completed in April 2022. Since then, the City has annexed property. The Elections Code provides for adding the annexed property to the nearest existing Council district. Even though that criteria is mandatory, the City must hold four public hearings before adopting a final map in the same way it did for the decennial process. The final map will be adopted by ordinance.
BACKGROUND:
1n2022, the City Council adopted Ordinance No. 2022-03 which redrew district boundaries using the 2020 census data and in compliance with the FAIR MAPS Act ("Act"), which was adopted by the California legislature as AB 849 and took effect January 1,2020.
Since the adoption of the current boundary maps, the City annexed territory known as the North Academy Corridor Annexation consisting of 283.3 acres. The annexed territory has a population of 36 persons with 36 registered voters. Attached is a map depicting the annexed area and nearest Council district. The annexed Prepared by: Approved by:
REVIEW: City Managet: OQ Finance: City Attorney:
TYPE OF ITEM:
X
Consent
Infotmational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Hearing
Mattet Initiated by a Council Member
Other:
Continued to:
5 area is primarily vacant agricultural land. The Council District Boundary Maps need to be modified to incorporate the annexed territory prior to April2024. Attached is a map depicting the annexed area and nearest Council district.
The Elections Code governs the criteria and procedures for adding annexed property to Council districts.
Elections Code 21603 includes mandatory language for adding the new territory to the nearest Council district. Since the law mandates where the City must place the new territory, it does not make much sense to have hearings. However, after considerable analysis, the Section 21607.1procedures for four public hearings apply even if a City is simply adding the annexed tenitory to an existing district without changing any other districts. The following are the relevant code sections:
Elections Code Section 216032
(a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.
Elections Code Section 21605:
(a) After redistricting or districting pursuant to Section 21601 or21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances :
(1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to Section 21603 or by the subtraction of territory.
(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
Elections Code Secti on 21607
Before adopting the boundaries of a council district pursuant to Section 21601 or 21603, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21607.1. This section does not apply when a city transitions from at-large to district-based elections.
Elections Code Section 21607.1 : This code provision provides in part:
a) Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts.
SUMMARY:
The mandatory criteria that the City must comply with are as follows:
1. Any annexed property must be added to the nearest existing Council district; and
2. No other changes to existing Council districts can occur.
The City must hold at least four public hearings that enable community members to provide input on the drawing of district maps. The first hearing is this evening's hearing. Thereafter, three Public Hearings 6 will be held to invite public input regarding the composition of the City's proposed modifications to the voting districts after the draft maps are drawn. After the Public Hearings, the City Council will introduce an ordinance approving a map with the modified voting district boundaries scheduled for February 20, 2024, and the ordinance will then be presented for final adoption on March 5,2024.
REASON FOR RECOMMENDATION:
To comply with state law which requires that Council districts be redrawn to account for annexed territory F'ISCAL IMPACT:
There is no fiscal impact to modifuing the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary maps.
ALTERNATIVES:
State law requires that Council district be redrawn to account for annexed territory. This should be conducted timely so that voters in annexed tenitory may vote in City elections.
ACTIONS FOLLOWING APPROVAL:
After completing the four-hearing process, the Council will adopt an ordinance amending the district boundaries and the City Clerk will submit the information to the Fresno County Elections Office. 7 8
Fot the Meeting of: December7,2023
CrrYoF SINGER
Agenda Item No.:
4 _(
Rtr,PORT TO THE, CITY COIJNCIL
To:
From:
Subject:
Attachments:
Notice of Completion
Test Well Completion Memo
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
L Accept the work for the Well No. 19 Test Well in the amount of $230,825.00; and
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5Yo retention in the amount of $l I ,54L25 to Johnson Drilling Company upon expiration of the 35-day lien period.
EXECUTIVE SUMMARY:
The contractor, Johnson Drilling Company, has completed all improvements for the subject project.
All work was completed in accordance with the plans, specifications, and contract documents, and performed to the satisfaction of the City Engineer.
BACKGROUND:
This project consisted of the drilling of a casing hammer test well, water quality sampling and testing, and test well destruction and clean-up.
Prepared bv: Ioshua Rosers Approved by:
Mayor and City Council
Joshua Rogers, City Engineer
Final Acceptance for Well No. 19 Test Well
I
2 REVIEW: CityManage r, ft? Finance: City Attorneyi _
TYPE OF ITEM:
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
COUNCILACTION: APPROVED DENIED NOACTION
X Public Hearing
Mattet Initiated by a Council Membet
Other
Continued to:
X
9 The site is located within the residential subdivision known as Tract 6327, Phase II of Tract 5826, being developed by DR Horton and the lot was sold to the City by DR Horton for a new municipal well.
Upon completion of the sampling and testing for the well, the hydrogeologist consultant, Ken Schmidt & Associates, analyzed the data and determined that a production well could be drilled at this location.
He recommended that the well be drilled to a depth of 510 feet, with water to be tapped from a depth of 260' to 490', avoiding any contaminants at shallower or deeper depths. He estimated that a properly constructed well could produce up to 2,500 gallons per minute.
REASON FOR RECOMMENDATION:
The project construction work has been completed by the Contractor to the satisfaction of the City Engineer.
FISCAL IMPACT:
The final construction contract cost is $230,825.00. Total construction phase costs, including construction management, inspection and material testing, were approximately $250,000. The project was funded by ARPA funding.
ACTIONS F'OLLOWING APPROVAL:
l. The Notice of Completion will be recorded.
2. The 5%o retention, in the amount of $11,541 .25, will be released no later than 35 calendar days following recordation of the Notice of Completion, provided no liens have been filed. 10 ATTACHME,NT 1
11 RECORDING REQUESTED BY AND MAIL TO:
NAME: CITY CLERK. CITY OF SANGER
STREET: 1700 7TH STREET
CITY & STATE: SANGER. cA93657
Exempt from fee per Government Code 6103
from fee Govemment Code27383
NOTICE OF COMPLETION
1. The City of Sanger, a municipal corporation, 1700 7th Street, Sanger, California, is the OWNER of the property hereinafter described.
2. The name of the Contractor who caused the work of improvement to be done is Johnson Drilling Company.
3. The property on which the work of improvements was accepted is located along Greenwood Avenue approximately % mile south of North Avenue in the City of Sanger, County of Fresno, California.
4. The work for the Well No. 19 Casing Hammer Test Well included the drilling of a casing hammer test well, water quality sampling and testing, and test well destruction and clean- up.
5. The work of improvements as described herein was completed by the Contractor on October 19,2023 and accepted by Sanger City Council on December 7,2023.
6. The Security for the Labor and Material Bond is issued by Nationwide Mutual Insurance Company.
CITY OF SANGER, a municipal corporation
Joshua D. Rogers, City Engineer
I, the undersigned say; I am the person who signed the signed notice. I have read the above notice and lcnow its contents, and the facts stated therein are true by my own lmowledge.
I declare under penalty ofperjury that the foregoing is true and correct.
Executed at Sanger, California, this 7th day of December. 2023.
Joshua D. Rogers, City Engineer
12 ATTACHME,NT2
13 MEMO
To:
From:
Topic:
Da.te:
,Josh Rogers, City of Sanger
Ken Schnidt
TW-19
.Iuly 7, 2023
During May-'June 2023, Johnson Drilling of Navelencia drilledthe test well to a depth of 900 feet. t{e rogged the drill cut-tings and a geologic log is attached. Ehe deposits were predom- inantly brown above a depth of 804 feet, and wer€! brue or blue-gray below that depth. Littre water production was indicatedbelow a depth of 752 feet. clay or cen€lnted sand were predomi- nant below that depth. Depth to water ranged frour 7a to L22 feet at the tfune of drilling.
water samples were eol,lected by airlifting fron ten depths beLow a depth of 152 feet. At two depth intervals (3g3 to 396 feet and 725 to 731 feet) pumped water sarrpJ.es were also coL-Lected. Water sanples for inorganic chenical and trace organicsyrclre preserved and hand delivered to Appt, tI,c in clovis foranalyses. samples for giross arpha actiwity were preserved and shi.pped with overnight deLivery to FGL Environmentar in santaPaula for analysis. The attached table summarizes the resu]tsof analyses. Total dissolved so1ids (!DS) concentrations ranged from 63 to 160 ng/r. Nitrate-nitrogen concentrations ranged fron less than O.2 mg/L to 4 .3 mg/L, less than the MCL of 10 mg/L. Arsenic concentrations were ress than 4 ppb, ress than the MCL of 10 ppb. rron concentrations in arr of the sampres xrere less than the recommended MCL of 0.3 ng/. Manganese con-centrations ra,nged from 0.002 to 0 .L2 mg/L. Manganese concen- tration in sarrples below 211 feet and above s27 feet in depth were less than the MCL of 0.05 ng/l. Gross alpha activitiesranged from 1.1 to 3.4 picocuries per liter, less than the MCr" of 15 picocuries per liter. DBCP concentrations in samples from above a depth of 255 feet rangred from 0.04 to 0.13 ppb, lessthan the MCL of 0.2 ppb. DBcp concentrations in sampJ,es from below a depth of 296 feet were not detected. EDB and 1r2r3-TcpconcentrationE urere non-detectabre in arl of the s''rlpres.A new well can be constructed at the site. Blank casing would be instalred from the surface to 250 feet in depth and from 490 to 510 feet in depth. Louvered casing would be installed from 26O to 490 feet in depth. Such a we1l would tap oxest 1?O feet 14 2
of coarse-grained water producing strata. A properly construct-ed and developed well should produce about 2,500 gpm.
Please call ne if you have any questions
15 CIry OF SANGER TEST WELL 19
Gross Alpha
(pci/l)
1.4 2.3
3.4 1.9
2.1 3 1
1.6 1 1
o.7
1.8 0.6
1 15
1,2,3TCP
(ppt)
<5
<5
<5
<5
<5
<5
<5
<5
<5
<5
<5
<5
5 EDB
(ppbl
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0,01
<0.01
<0.01
<0.01
0.05 DBCP
(ppb)
0.04 0.13
0.05 <0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
0.2 pH
8.1 8.1
8.1 8.0
8.2 8.5
8.3 6.6
8.4 8.2
8.3 8.4
TDS
(mg/l)
160
120
140
65 74
63 120
89 130
140
120
500
EC
(umhos/cml
320
260
240
190
160
170
230
270
310
310
290
320
NO3-N
(mg/l)
4.3 2.9
2.8 1.2
<o.2
<0.2
0.3 0.7
2.9 1.9
1 I
1.6 10
As
(ppb)
<0.5
<0.5
0.6 0.6
1.9 3.5
2.1 0.6
0.8 1.3
0.9 <0.5
10 Mn
(ms/ll
0.061
0.032
0.013
0.011
0.029
0.008
0,002
0.012
at2
0.006
0.051
0.056
0.050
Fe
(mg/l)
<0.04
<0.04
<0.04
<0.04
0.15 <0.04
<0.04
0.3 Depth lnterval
(feet)
152-157 A
211-214 A
256-256 A
296-299 A
383-386 A
383-386 P
431-434 A
524-527 A
655-698 A
725-731 A
725-731 P
770-776 A
MCL
16 Depth (f,eet)
o-2
2-10
10-14
14-15
15-26
26-3s
35-50
50-60
60-95
95 - 114
114 - 115
115 - 123
123 - 145
145 - 153
153 - 158
158 - 174
L74 - 205
205 - 2L2
2L2 - 256
256 - 258
2s8 - 28L
28L - 286
286 - 287
287 - 298
298 - 304
304 - 308
308 - 335
33s - 352
352 - 361
361 - 384
384 - 426
426 - 432
432 - 442
442 - 446
446 - 466
466 - 475
475 - 488
{88 - 508
508 - 526
GEOLOGIC IJOG FOR CITY OF SA}IGER TEST IIELI. I.9
Description
Srown top soil
Brown sandy clay
Brown siJ.ty fine sand
Brown fine to mediunr sand and cobbles
Brown fine to medium sand
Light brown clay
Gray-brown clay
Light brown clay
Brown mediun to coarse sand, gravel, and cobbles
Brown sandy clay
Brown fine sand
Brown sandy clay
Red-brown fine to rnedir:n sand
Brown indurated cJ.ay
Brown fine sand
Brown clay with lenses of, fine to mediun sand
Brown nedium to coarse sand, grravel, and cobbLes
Brown sandy clay
Brown medir:n to coarse sand, graveJ., and cobbles
Light brown clay
Brown mediun to coarse sand, gravel, and cobbles
Brown sandy cJ-ay
Brown fine sand
Red-brown sandy cJ.ay
Gray-brown mediunr to coarse sand
Iight brown clay
Brown fine to medj.um partially indurated sand
Brown sandy clay
Brown f,ine sand
Brown sandy clay
Brown fine to mediun sand, gravel, and cobbles
Brown sandy clay
Brown fine to mediunr sand
Brown sandy clay
Gray-brown fine to mediun sand and gravel
Brown f,ine to medium sand and gravel
Brown partially indurated fine to medir:m sand and grraveJ.
Light brown clay with lenses of fine sand
Brown sandy clay
17 2
GEOLOGIC IOG FOR CITY OF SA}IGER TEST IIEI.L 19
Depth (feet) Description
526
529
545
561
570
628
675
676
728
752
760
766
772
774
780
785
790
804
806
830
850
- 529
- 545
- 561
- s70
- 62A
- 675
- 676
- 728
- 752
- 760
- 766
- 772
- 774
- 780
- 785
- 790
- 804
- 805
- 830
- 8s0
- 900
Brown fine to nedir:m indurated sand
Light brorrn clay
Brown clay
Brown fine indurated sand, little water
Brown clayey fine to med1un sand and cobbles, Iittle wate:
Brown clay
Gray-brocm fine to mediunr siJ.ty and cJ.ayey sand
Brown clay
Brown fine to mediun sand and gravel
Brown clay
Brown clayey fine to medium sand, no water
Brown clay
Dark gray clay
Brown fine to medium gand and gravel
Brown clay and giraveJ.
Light gray indurated clay
Brown clay
Blue clay
Blue-gray clayey f,ine to mediun sand, no water
Brown clayey f,ine to medir:sl sand, Iittle water
Brown cJ.ay
18 For the Meeting of; December7,2023
g-2
Agenda Item No.:
CrrYoF SINGER
Rtr,PORTTO THE, CIry COUNCIL
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Greg Tarascou, Fire Chief
Technical Service Support Agreement with Stryker Medical Technical Service Support Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approve the technical support agreement between the City of Sanger and Stryker Medical, and authorizethe City Manager to sign the agreement on behalf of the City.
EXECUTIVE SUMMARY:
The technical service agreement between the City and Stryker is for maintenance, servicing, inspections and battery replacements for the Fire Department's cardiac monitor/defibrillators, the patient gumeys and related patient transportation equipment. There are currently five cardiac monitors, one Stair Chairs and three patient gurneys. The term of this agreement starts with approval of this agreement for a period ofthree years.
BACKGROUND:
The cardiac monitors/defibrillators and related patient transportation equipment that is utilized by the fire department require yearly inspections, software upgrades and preventative maintenance to keep the equipment in top operating condition. The service agreement includes scheduled maintenance, repair services, computer software upgrades, inspections and safety checks in accordance with National Fire Protection Association guidelines along with a battery replacement progftlm throughout the course of the agreement. In the event that an instrument is required to be shipped back to the manufacturer, Stryker Ptepared by: Gteo Tatascorr Apptoved by:
REVIEW: City Manage ,, & Finance: Ciry Attorneyi _
TYPE OF ITEM:
x
x
Consent
Info Item
Action Item
Deparlment Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Membet
Other
Continued to:
19 agrees to either send a technician immediately out to inspect the equipment and/or provide a loaner machine so that no loss in services is incurred.
REASON FOR RECOMMENDATION:
The fire department does not have the necessary equipment, certifications or expertise to provide the comprehensive diagnostic servicing to these technical machines.
FISCAL IMPACT:
The technical servicing agreement for the five LifePak 15 cardiac monitors, the three Stryker patient gumeys and the one StaiChair for three years is a total of $48,366. Stryker Medical has applied a l}Yo discount to bring the final total for three years to $43,529.40. The City's first annual payment will be for $14,509.80. Funds have been budgeted within Ambulance Division to cover the cost of this service agreement.
ALTERNATIVES:
Do not accept the contract, in which case maintenance, support, and servicing will have to be done every year at Stryker Medical's standard labor rates (less 10%), plus standard list prices for related parts, materials and batteries (less Isyo), plus travel costs incurred.
ACTIONS F'OI,I APPROVAL:
Upon approval, the attached document will be signed and forwarded to Stryker Medical. Scheduling for inspections and testing of the cardiac equipment and patient transport systems will be done between the Fire Department and Stryker Medical.
\hasl\shared\Forms & Templates
20 stnyken
Sanger Fire 3 Yr Prevent Annual
Quote Number: 10820243
Version: 1
PTepaTed FoT: SANGER FIRE DEPT
Attn:
GPO: EMS
Delivery Address
Name: SANGER FIRE DEPT
Sold To - Shipping
Name:
Rep:
Email:
Phone Number:
Service Rep
Email:
SANGER FIRE DEPT
Nate Bollingert
Allen Ford / Kurlis Moore
Bill To Account
Name: SANGER FIRE DEPT
Quote Date:
Expiration Date:
Contract Start:
1111512023
12t15t2023
1112012023
Account#: 20191791 Account #: 20'191791 Account #: 20'19'1791 Address: 601 WAVE Address: 601 W AVE Address: 601 WAVE
SANGER SANGER SANGER
California 93657 California 93657 California 93657
ProGare Products:
' irt i,ilir'ri.l;i lit:.r,,.1;lric;l ir:i, j:i,.1 f i.i:ji: I il
1.0 STR-CHAIR-PROCARE PROCARE-SVC-STAI R-CHAIR
, Parts. Lairor. Travel , Preventallve fularntenance
36 $823.50
2.0 POWERPRO-PROCARE PROCARE-SVGPOWERPRO
. Parls. Labor. Travel . Prevenlafuve ivlainterance , Battefles Servrce 36 3 $12,951.90
3.0 LIFEPK-FLD-PROCARE PROCARE.SVC.LI FEPAK-FIELD-REPAI R . Parls. Labor. Travel . Drevenia|Je l\,larnlenailce . B:rtlefles Servrce 36 5 $29,754.00
Procare List Price: $48,366.00
ProCare Discount %: 10.0%
ProOare Total: $43,529.40
ProCare Annual Payment: $14,509.80
Price Totals:
,|
Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, lL 60673-3308 21 stnyken
Sanger Fire 3 Yr Prevent Annual
Quote Number
Version:
Prepared For:
GPO:
Quote Date:
Expiration Date:
Contract Start:
10820243
1 SANGER FIRE DEPT
Attn:
EMS
11115t2023
1211512023
11t20t2023
Rep:
Email:
Phone Number:
Service Rep:
Email:
Authorized Customer Signer (Printed) Date Stryker Authorized Signature (Printed) Date Authorized Customer Signature Date Stryker Authorized Signature Date Purchase Order Number
Service Terms and Conditions:
The Terms and Conditions of this quote and any subsequent purchase order of the Customer are governed by the Terms and Conditions located at https://techweb.stryker.com The terms and conditions referenced in the immediately preceding sentence do not apply where Customer and Stryker are parties to a Master Service Agreement, 2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, lL 60673-3308 22 Starting Balance:
Date
11120t2023
11t20t2024
11t20t2025
Payment
$14,509.80
$14,509.80
$14,509.80
$43,529.40
Balance
$29,019.60
$14,509.80
$
3 23
Equipment Service Plan
r,lrl i l,l )ili ;,r l/ /,rii r ri'i ll ,,r
1.0 PROCARE-SVGSTAI R.CHAIR 201 1 01 00001 90
2.0 PROCARE-SVC-POWERPRO 170840100
2.O PROCARE-SVC-POWERPRO 1809003500415
2.O PROCARE-SVC-POWERPRO 1812003500216
3.0 PROCARE-SVGLIFEPAK-FIELD-REPAI R 45227772
3.0 PROCARE€VC-LIFEPAK-FIELD-REPAI R 49672696
3.0 PROCARE€VC-LIFEPAK-FIELD-REPAI R 49672887
3.0 PROCARE-SVGLI FEPAK.FIELD.REPAIR 49672715
3.0 PROCARE-SVGLIFEPAK-FIELO.REPAIR 49672702
4 24
Purchase Order Form
Account Manager
Cell Phone
Chsk box if Billing same as Shipping
Authorized Customer lnitials
Accounts Payable Contact lnformatlon
Name
Emall
Phone
.stnyken'
Purchase Order Date
Erpected Oelivery Date
Stryker Quote Number
;hinoine A.eoilnt Num
aomDanv Name
Contact tr Deoartmmt
St.eet Address
Addt'l Address I ine
:itv- ST ZIP
Phone
Authoriz€d Customer lnitials
Stryker Terms and Condillons
www.strvker.com/stnc
Authorized Customer Signature
Printed Name
Title
Signature
Date
Atlrchmant Sirykcr Quotc Number
'5al€s or use laxes or domestic {USA} deliveries will be invoiced ln addition to the price of the Boods and seruices on the Stryker Quote. lillinE Account Num
:omoanv Name
Contact or Oepartm€nt
itreetAddress
\ddt'lAdd.ess Line
:itv STZIP
)hone
TEFERENCE OUOTE
n
25 As of March 2020
UFEPAK@ 15 service
Stryker has been notified by our global parts providers that some components used on certain LIFEPAK 15 monitor/defibrillator models (Part Numbers beginning with V15-2) are no longer available in the market. Service on the LIFEPAK 15 with Part Number beginning with v15-5 or v15-7 is unaffected.
Stryker will continue to offer service support for this subset of the LIFEPAK 15 as follows:
r All service parts with available inventory can be purchased by our end users . Transactional service (time and material) is available for non-contract customers o lf a component has failed on your device, your local Sales Representative should be contacted for support . Contractual service
o Stryker will continue to offer contractual service on a yearly basis only o Preventive maintenance will continue to be done on devices less than eight (8) years old. After this point, we will cease to conduct preventative maintenance and shift to device inspections o lf a component fails on your device, please contact your local Sales Representative for support. A pro-rated credit for any pre- paid service will be provided should a unit become non-serviceable due to part availability It is important to note that the LIFEPAK 15 has an expected life of eight (8) years from the date of manufacture. lf you are uncertain of the manufacture date of your products, please contact your local Sales Representative for a full fleet assessment.
We want to ensure the highest quality products and services for our customers. As such, it is important to know that Stryker is the only FDA- approved service provider for our products. We do not contract with third party service providerq nor will we be providing them with any additional parts forthese repairs. As such, we cannot guarantee the safety and efficacy ofany device that is repaired by a third-party service agency. .stnyken'
26 PROCARE ALS 360 AGREEMENT
This document sets forth the entire Product Service Plan Agreement ("Agreement") between Stryker Sales, LLC, through its Medical Division, hereinafter referred to as "Stryker", and the Organization, Institution, Facility or Municipality named on the face of the ProCare Proposal, hereinafter, referred to as the "Customer".
This is the entire Agreement and no other oral modifications are valid. This Agreement shall be coterminous with the ALS Master Agreement by and between the parties. Stryker accepts Customer's order expressly conditioned on Customer's assent to the terms set forth in this document. Customer's order and acceptance of any portion of the services shall confirm Customer's acceptance of these terms. Unless specified otherwise herein, these terms constitute the complete agreement between the parties. No waiver, alteration, or modification of the terms and conditions set forth herein shall be binding unless Stryker expressly agrees in writing. Stryker expressly rejects any different, additional or conflicting terms or conditions set forth in Customer's purchase order or any other document issued by Customer; the terms of the invoice and these terms and conditions shall exclusively govern the purchase of Services from Stryker. l. SERvICE Covrnncn AND rERM. Stryker shall provide to Customer the ProCare Program(s) services (the "Services"J as defined on Exhibit A to the ALS Master Agreement fhereinafter each, a "service Plan"). The equipment covered under said Service Plan is set forth on the Equipment Schedule attached to the ALS Master Agreement (the "Equipment"J. The Services and the Service Plan(s) are ancillary to and not a complete substitute for the requirements of Customer to adhere to the routine maintenance instructions provided by Stryker, its equipment and operations manuals, and accompanying labels and/or inserts for the Equipment. Customer covenants and agrees that its personnel will follow the instructions and contents of those manuals, labels, and inserts. When Equipment or a component is replaced, the item provided in replacement will be the Customer's property fif Customer owns the Equipment) and the replaced item will be Stryker's property. This Agreement shall be coterminous with the ALS Agreement by and between Stryker and Customer. Notwithstanding the termination of this Agreement, any liability or obligation of either party which may have accrued prior to such termination shall continue in full force and effect.
2. CorurtnnurmllTY INFoRMATIoN. Customer shall hold in strictest confidence any confidential or proprietary information that is related to the Services ("Confidential Information"J. Customer hereby covenants that it shall not disclose such Confidential Information to any third party without prior written authorization of Stryker. Except as required by applicable law, Customer will not disclose to any third party, the terms of the Services or any other information, including any pricing or discounts, provided by Stryker to Customer in connection with this Agreement without Stryker's prior written approval.
3. Irunrpnunrnr Corutnncton. The Customer and Stryker mutually understand and agree that Stryker shall always be acting and performing as an independent contractor. Nothing in this Agreement is intended to create an employer/employee relationship or a joint venture relationship between the parties.
4. INDEMNIFIcATIoN. Stryker shall indemniff and hold harmless Customer from any loss or damage brought by a third party which Customer may suffer directly as a result of the gross negligence or willful misconduct of Stryker or its employees or agents in the course of providing Services. The foregoing indemnification will not apply to any liability arising from: (iJ an injury or damage due to the negligence of any person other than Stryker's employee or agent; (ii) the failure of any person other than Stryker's employee or agent to follow any instructions outlined in the labeling, manual, and/or instructions for use of the Equipment; [iii] the use ofany equipment or part not purchased from Stryker or any equipment or any part thereofthat has been modified, altered or repaired by any person other than Stryker's employee or agenq or (iv) any actions taken or omissions made by any Stryker employee while under the direction or control of Customer's staff. Customer agrees to hold Stryker harmless from and indemni$r Stryker for any claims or losses or injuries arising from (iJ- (iv) above resulting from Customer's or its employees' or agents'actions.
5. LIMITATI0N oF LIABILITY. EXCEPT FOR THIRD PARTY DAMAGES RELATED TO STRYKER,S INDEMNITY OBLIGATIONS UNDER SECTION 4, STRYKER'S LIABILITY ARISING UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID UNDER THE SERVICE PLAN DURING THE TWELVE (12] MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. IN NO INSTANCE WILL STRYKER BE 27 LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER" EXEMPLARY, MULTIPLIED OR
CONSEQUENTIAL DAMAGES OR ATTORNEYS' FEES OR COSTS FOR ANY ACTIONS UNDER OR RELATED TO THIS AGREEMENT.
6, SERvlcE LIMIrArtoNs. Stryker represents and warrants that the Services shall be performed in a workmanlike manner and with professional diligence and skill. Services will comply with all applicable laws and regulations. During the term of the Service Plan, Stryker will maintain the Equipment in good working condition.
Notwithstanding any other provision of this Agreemen! the Services do not include repairs or other services made necessary by or related to, the following: [1) abnormal wear or damage caused by misuse or by failure to perform normal and routine maintenance as set out in the Stryker maintenance manual or operating instructions, (2J accidents, (3) catastrophe, (4) acts of god, [5J any malfunction resulting from faulty maintenance, improper repair, damage andf or alteration by non-Stryker authorized personnel, (6J Equipment on which any original serial numbers or other identification marks have been removed or destroyed, or (7) Equipment that has been repaired with any unauthorized or non-Stryker components. In addition, in order to ensure safe operation of the Equipment only Stryker accessories should be used. Stryker reserves the right to invalidate the Services if Equipment is used with accessories not manufactured by Stryker. TO THE FULLEST EXTENT PERMITTED BY
LAW, THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLYWARRANTIES APPLICABLE TO
THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKE& EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FORA PARTICULAR PURPOSE.
7. CusroMER OBLIGATIoNS. Customer shall use commercially reasonable efforts to cooperate with Stryker in connection with Stryker's performance of the Services. Customer understands and acknowledges that Stryker employees will not provide surgical or medical advice, will not practice surgery or medicine, will not come in physical contact with the patient, will not enter the "sterile field" at any time, and will not direct equipment or instruments that come in contact with the patient during surgery. Customer's personnel will refrain from requesting Stryker employees to take any actions in violation of these requirements or in violation of applicable laws, rules or regulations, Customer policies, or the patiends informed consent. A refusal by Stryker employees to engage in such activities shall not be a breach of this Agreement. Customer consents to the presence of Stryker employees in its operating rooms, where applicable, in order for Stryker to provide Services under this Agreement and represents that it will obtain all necessary consents from patients. Customer is to make every reasonable effort to clean and disinfect equipment prior to providing it for maintenance. Stryker reserves the right to deny service until the Equipment is offered in a safe and sterile condition.
8. Ittsptcttottt ScHnnuuNc. Service inspections will be scheduled in advance at a mutually agreed upon time for such period of time as is reasonably necessary to complete the Services. Equipment not made available at the specified time will be serviced at the next scheduled service inspection unless specific arrangements are made with Stryker. Such arrangements will include travel and other special charges at Stryker's then current rates.
9. EquIeuErur Cgerucns. During the term of the Agreement and upon each party's written consent, changes to the Equipment may be made. All changes are subject to the terms and conditions contained herein.
Stryker shall adjust the charges and modiff the ALS Master Agreement-to reflect the changes.
10. EXPNCTEN SERVICE LIFE. THIS AGREEMENT MAY INCLUDE PRODUCTS WHICH ARE BEYOND THEIR WARRANTY PERIOD AND TESTED EXPECTED SERVICE LIFE. ANY SUCH PRODUCT WILL BE INSPECTED
SOLELY TO DETERMINE IF THE PRODUCT MEETS THE OPERATIONS AND MAINTENANCE MANUAL GUIDELINES FOR THAT PARTICULAR PRODUCT AS OF THE DATE OF INSPECTION. DESPITE ANY SUCH INSPECTION,
STRYKER MAKES NO CLAIMS OR ASSURANCES AS TO FUTURE PERFORMANCE, INCLUDING NO EXPRESS OR
IMPLIED WARRANTY, FOR ANY PRODUCT WHICH WAS INSPECTED OUTSIDE OF ITS WARRANTY PERIOD OR BEYOND ITS TESTED EXPECTED SERVICE LIFE.
11. WRIvnn ExcLUsloN. No failure to exercise and no delay by Stryker in exercising any righ! power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision by Stryker shall be deemed to be a waiver by Stryker of any preceding or succeeding breach of the same or any other provision. No 28 extension of time by Stryker for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of time for performances of any other obligations or any other acts by Stryker.
12. ItrtsuR^encr. Stryker shall maintain the following insurance coverage during the term of the Agreement: (iJ commercial general liability insurance, including products and completed operations liability coverage, with limits of $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate covering Stryker's liability for bodily injury personal injury and property damage; (ii) commercial automobile liability insurance with a combined single limit of $1,000,000.00 per accident covering Stryker's liability for bodily injury and property damage arising out of Stryker's use of owned, hired, and non-owned vehicles; and (iii) worker's compensation insurance as required by applicable law and employer's liability insurance subject to limits of $1,000,000 per accident and $1,000,000 per employee and policy limit for disease covering Stryker's liability for work-related injuries to all Stryker employees. At Customer's written request certificates of insurance shall be provided by Stryker prior to commencement of the Services at any premises owned or operated by Customer.
Notwithstanding any requirements hereunder to the contrary to the extent permitted by applicable laws and regulations, Stryker shall be permitted to meet the above requirements through a program of self-insurance.
13. Wnnnarutv oF NoN-ExctustoN. Each party represents and warrants that as of the Effective Date of the Services, neither it nor any of its employees, are or have been excluded terminated, suspended, or debarred from a federal or state health care program or from participation in any federal or state procurement or non- procurement programs. Each party further represents that no final adverse action by the federal or state government has occurred or is pending or threatened against the party, its affiliates, or, to its knowledge, against any employee. Each party also represents that if during the term of this Agreement i! or any of its employees becomes so excluded, terminated, suspended, or debarred from a federal or state health care program or from participation in any federal or state procurement or non-procurement programs, such will promptly notiff the other party. Each party retains the right to terminate or modify this Agreement in the event of the other party's exclusion from a federal or state health care program.
14. ColrpLIRtIcE REeUIREMENTS. Stryker, as supplier/servicer, hereby informs Customer of Customer's obligation to make all reports and disclosures required by law or contract, including without limitation properly reporting and appropriately reflecting actual prices paid for each item supplied hereunder net of any discount (including rebates and credits, if anyJ applicable to such item on Customer's Medicare cost reports, and as otherwise required under the Federal Medicare and Medicaid Anti-Kickback Statute and the regulations thereunder [42 CFR Part 1001.952[h)). Pricing under this Agreement may constitute discounts on the purchase of Services. Customer represents that [i) it shall make all required cost reports, and (ii) it has the corporate power and authority to make or cause such cost reports to be made. To the extent required by law, Customer and Stryker agree to comply with the Omnibus Reconciliation Act of 1980 (P.L. 962499) and it's implementing regulations [42 CFR, Part 42O). To the extent applicable to the activities of Stryker hereunder, Stryker further specifically agrees that until the expiration of four [4) years after furnishing Services pursuant to this Agreemen! Stryker shall make available, upon written request of the Secretary of the Department of Health and Human Services, or upon request of the Compffoller General, or any of their duly authorized representatives, this Agreement and the books, documents and records of Stryker that are necessary to verifu the nature and extent of the costs charged to Customer hereunder. Stryker further agrees that if Stryker carries out any of the duties of this Agreement through a subcontract with a value or cost of ten thousand dollars [$10,000J or more over a twelve (12) month period with a related organization, such subcontract shall contain a clause to the effect that until the expiration of four (4) years after the furnishing of such services pursuant to such subcontrac! the related organization shall make available, upon written request to the Secretary or upon request to the Comptroller General, or any of their duly authorized representatives the subcontract, and books and documents and records of such organization that are necessary to veri$r the nature and extent of such costs. In performance of this Agreement Stryker shall also comply with all applicable state and federal regulations, including but not limited to discrimination laws.
15. HIPAA; Dnre.
(a) Stryker is not a "business associate" of Customer, as the term "business associate" is defined by HIPAA (the Health Insurance Portability and Accountability Act of L996 and 45 C.F.R. parts 142 and 29 160-764, as amended). All medical information and/or data concerning specific patients fincluding but not limited to, the identity of the patientsJ, derived incidentally during the course of this Agreement, shall be treated by both parties as confidential, and shall not be released, disclosed, or published to any party other than as required or permitted under applicable laws.
(b) Customer acknowledges and agrees that Stryker may use any data arising from or related to the performance or use of the Equipment or Services. t5. Dnrnurr. Customer is in default under this Agreement if it: aJ fails to pay any amounts due under the ALS Master Agreemen! or bJ breaches any other material obligation under this Agreement; or c) ceases to do business, becomes insolvent becomes bankrupt, merges, or is sold. Upon Customer default, Stryker may terminate this Agreement and declare the entire balance of unpaid monthly payments for the full Term (and any renewal term, if applicable) immediately due and payable, with interest at the highest rate allowed by law from the date of default until paid. Upon default, Customer will also pay all expenses fincluding but not limited to, reasonable attorneys' fees, legal costs, cost of storage and shipping incurred by Supplier) in the enforcement and attempted enforcement of any remedies under this Agreement. 17, No Asstcruuerur. This Agreement may not be assigned by either party without the written consent ofthe other party.
18. SEvERABILITY. Stryker agrees that if one or more provisions of this Agreement are held to be unenforceable under applicable law, such provisions shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
19. BINDING Errrcr. This Agreement shall inure to the benefit of and be binding upon, the parties and their respective successors and permitted assigns.
20. Aunrunurrut. This Agreement may not be amended except by mutual written Agreement of the parties.
21. Notlcns. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been duly given or made if delivered by hand, in which case notice will be deemed effective upon receipt or, if by mail by certified or registered mail, with postage prepaid to the address of such party set forth in the introductory paragraph of this Agreement or to such address directed by a party in writing, in which case notice will be deemed effective upon mailing. The return receipt the delivery receip! or the affidavit of messenger will be deemed conclusive but not exclusive evidence of delivery delivery will also be presumed at such time as delivery is refused by the addressee upon presentation.
22. MIscrrmruEous. Neither party may assign or transfer their rights and/or benefits under this Agreement without the prior written consent of the other party, except that either party shall have the right to assign this Agreement or any rights under or interests in this Agreement to any parent, subsidiary or affiliate.
All of the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit o[, and be enforceable by permitted successors and assigns of the parties to this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the state where Customer is located. The invalidity, in whole or in parl of any of the foregoing paragraphs, where determined to be illegal, invalid, or unenforceable by a court or authority of competent jurisdiction, will not affect or impair the enforceability of the remainder of the Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements between the parties concerning the subject matter of this Agreement. In the event of an inconsistency or conflict between this Agreement and the ALS Agreemenl the ALS Agreement will control. Any inconsistency or conflict between the terms of this Agreement and a Service Plan shall be resolved in favor of the Service Plan.
The sections entitled Limitation of Liability, Indemnification, Compliance, Confidentiality and Miscellaneous of this Agreement shall survive its termination or expiration. 30 q
S ANG
.'l,1',,
OR
.-
For the Meeting of: Decemb et 7 , 2023
Agenda Item No.:
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
9-3
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Greg Tarascou, Fire Chief
Out of State Travel Request
None
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approves the out of State travel and training for the Fire Chief and Executive Assistant to attend the Administrative Fire Services Section annual conference in Reno, Nevada from April 10 - 13,2024.
EXECUTIVE SUMMARY:
The Administrative Fire Services Section is a branch of the California Fire Chiefs Association and is a resource network for fire service administrative professionals. In line with their quarterly training, the AFSS provides a yearly conference for administrative professionals to collaborate, learn and share important and relevant information that affects fire department operations statewide.
BACKGROUND:
The AFSS rotates their yearly conferences between the Northern and Southern Divisions. This year, the Conference Committee selected Reno as a site for this conference. Courses offered in these conferences are relevant and provide the training and education necessary to ensure that Fire Department staff have the most recent information available.
Preoared bv: Gres Tarascou Apptoved by:
REVIEW: Ciry Manage ,, 0b Finance: Citv Attornev:
TYPE OF ITEM:
x Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
x
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
31 REASON FOR RECOMMENDATION:
The City's travel policy requires that arry travel that occurs out of state be brought before the City Council for approval. The AFSS Annual Conference will be held in Reno, Nevada and therefore requires out of state travel approval.
F'ISCAL IMPACT:
The total cost to attend the course including flight, hotel, per diem and registration fees is$'2,212 total for both the Fire Chief and Executive Assistant. There are sufficient funds to cover the cost of this training within the Fire Department's training budgets.
ALTERNATIVES:
Do not approve the request in which case the staff will not attend the course.
ACTIONS FOLLOWING APPROVAL:
Upon approval the normal travel and training forms will circulate through the City Manager's Office. \\nasl\shared\Forms & Templates
32 For tlre Meeting of: December7,2023
Agenda Item No.:
CrrY oF SINGER
RE,PORT TO THE, CITY COUNCIL
9-+
To:
From:
Subject:
Attachments:
Mayor and Council Members
John F. Mulligan, Public Works Director
Emergency Repairs: Domestic and Industrial Pipe
1) Resoluti on No. 20 2 3 -bb
2) Work Authorization and Agreement
3) Invoice and Supporting Documents
4) City Code Section 2-214
5) Memorandum - Emergency Purchase Declaration
6) Schematic of Repairs
CONFLICT OF INTEREST:
None known
RR,C ATION:
That the City Council adopt Resolution No.?oZS+l.reviewing the emergency action taken by the Interim City Manager to make emergency repairs on sewer lines and approving the award of emergency contracts(s) without competitive bidding for the emergency repairs of the domestic and industrial effluent lines located at the city's wastewater treatment plant.
EXECUTIVE SUMMARY:
The city currently operates domestic and industrial waste water treatment plants at the city's Corporation Yard. Staff contacted a local contractor to perform some investigatory work related to the domestic effluent line on a time and materials basis. While potholing it was determined the domestic line had deteriorated and collapsed. Upon further research it was determined that the domestic effluent had also damaged the industrial line. Both the domestic and industrial lines needed immediate emergency repair.
W.M. Lyles was retained to make the needed repairs. The total repair cost was $93,945.42. There are Preoared bv: Iohn F. Mullioan Approved by:
REVIEW: City Manage r, eb Finance: Ciw Attornev:
TYPE OF ITEM:
X Consent
Info Item
X Action Item
Deoattment Reoort
Redevelooment Asencv
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
33 funds available in the sewer enterprise fund balance.
BACKGROUND:
The city operates a domestic and industrial waste water treatment plant at the City's Corporation Yard.
Staff contacted W.M. Lyles to pothole to determine the location of the domestic effluent line. Once the line was exposed it was determined that a significant section had eroded and collapsed. It was also determined that the domestic effluent had eroded the industrial effluent line causing the two pipes to leak and combine effluent. The City Engineer and the Interim City Manager observed the damage and determined that emergency repairs were required. W.M. Lyles was onsite already and provided a Work Authorization and Agreement to immediately begin repairs on a time and material basis. The repairs were made in a timely manner for a total amount of $93,945.42.
Per Section 2-214(d) of the City Municipal Code, the Interim City Manager determined an emergency exists allowing the purchasing agent to make emergency purchases and contracts for supplies, materials, equipment and services without competitive bidding when the purchase or contract for the item is immediately necessary for the continued operation of a department, for the preservation of life and property, when the purchase is required for health, safety or welfare of the public, or for the protection of property; provided, however, that there is a present, immediate and existing emergency; and that such emergency procurements shall be made with such solicitation of competitive pricing as practicable under the circumstances.
REASON FOR RECOMMENDATION:
The repairs were critical once the damage was identified. If either of the pipes had completely collapsed, there could have been raw untreated effluent flooding the WWTP. This would be considered a public health hazardand a threat to surrounding public and private property. W.M. Lyles is very familiar with the WWTP and provides regular service on various types of plumbing and equipment.
FISCAL IMPACT:
The total fiscal impact of the repairs is $93,945.42. Funds are available in the Sewer Fund to cover this project. The capital repair fund is 621-070-501-7230.
ALTERNATIVES:
There are no alternatives, the work has been completed.
ACTIONS F'OI,I APPROVAL:
Staff will process the invoice for payment.
34 ATTACHMENT 1
35 RESOLUTION No. ^ "7-(ob
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER REVIEWING THE
EMERGENCY ACTION TAKEN BY THE INTERIM CITY MANAGER TO MAKE
EMERGENCY REPAIRS ON SEWER LINES AND APPROVING THE AWARD OF
EMERGENCY CONTRACT(S) WITHOUT COMPETITIVE BIDDING FOR THE
EMERGENCY REPAIRS OF THE DOMESTIC AND INDUSTRIAL SEWER LINES AT THE
WASTE WATER TREATMENT PLANT
WHEREAS, the City Council has pursuant to Sanger City Code Section 2-214 delegated its authority to the City Manager to order emergency work and proceed without plans, specifications or notice for bids to award contracts governing the purchase of supplies, equipment, and contractual services.
WHEREAS, Sanger City Code Section 2-214 provides: "The determination that an emergency exists shall be made by the city manager in writing, setting forth the specific facts establishing the emergency."
WHEREAS, on September 14, 2023 staff was made aware of a sewage effluent leak at the city's waste water treatment plant; and
WHEREAS, Public Works staff determined the sewer line needed immediate emergency repairs: (i) the sewer line failure was serious; (ii) the failure had caused underground erosion which resulted in the surrounding materials collapsing into the sewage effluent line; and WHEREAS, the City Public Works Department had already contracted with W.M. Lyles for another on-site project and it was in the best interests of the city to utilize them to perform the repairs to eliminate further delays; and
WHEREAS, the repairs required were as follows: approximately 54 feet of 21" reinforced concrete pipe needed to be replaced, by-pass pumping was required during construction, excavation of the collapsed 21" section of sewer line, replacement of the damaged section, compaction, and pavingl and
WHEREAS, at the time there was no cost estimate; City staff purchased some of the materials and rented the pumps and the contractor worked on a time and materials basis.
WHEREAS, in accordance with Sanger City Code Section 2-214, the Interim City Manager has provided a detailed memorandum setting forth the specific facts establishing the emergency, why the emergency did not permit a delay resulting from a competitive solicitation for bids, and why his actions were necessary to respond to the emergency associated with the repairs as well as on the costs associated with the repairs; and WHEREAS, failure to immediately make the required repairs may have resulted in danger to the health, safety, and welfare of the city's residents and/or public facilities.
Page I of2
36 WHEREAS, the City Council has considered the written report and verbal report of the Interim City Manager at a regular meeting and determined that the facts and circumstances are such that emergency repairs were needed.
NOW, THEREFORE the City Council resolves as follows:
Section l. The recitals herein are incorporated herein by reference Section 2. The City Council ratifies the emergency action taken by the Interim City Manager including the award of emergency contract(s) without competitive bidding for the emergency repairs.
Section 3. Any other work shall be made through a competitive bid process as required by the Sanger City Code and Public Contract Code.
Section 4. This Resolution shall become effective upon adoption.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 7th day of December 2023,and adopted by the following vote:
AYES:
NOES:
ABSTAN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Rebeca Padron, City Clerk
Page2 of2
37 ATTACHMENT 2
38 WMLJob No. 52.t641
WORK AUTHORIZATION and AGREEMENT
This Work Authorization and Agreomcnt is made this l4th day of Scptembcr, 2023 between City of Sanger (Owncr) and W. M.LYLES Co. (ContractorJ. The scope of work described below shall be porformed in accordance with this agreement an4 with allavsilable plans and specifications provided to Contractor at the time and daie of this authorization under direction of the Owner. sEcTIoN l. scoPE. Contractor agrees to comply with State nnd Federal Laws, provide a safe workptace and is he reby authorized to pcrform the following scope ofwork: Pothole to invcstigale leak around RCP line, Repair inllucni RCp Line, rnd backlill andcomprcl Nrea rround RCP line.
SECTION 2. PRICE AND PAYMENT. Owner agrees to pay Conhactor for the completed scope of work in the sum of linal griclng rnd billing to be completed on T&M brsis subject to adjustments for changes in the work'as may be directed in writing by the Ownet- Full Payment shall be made no latcr than thirty (30) days after satisfactory completion of the work in a 1ump sum p"yri"nt payable of the labor, material and equipment, which have been incorporated into the work. Conrractor agrees to fumisir if reiuired inwriting by Owner, payroll affidavits, receipts, vouchers and conditional reteases ofclaims for labor and niaterial as necessary.
SECTION 3. INSURANCE. Conlractor shall, at its expense, procure and maintain insurance on all of its operations in thc following Govsragcs; (a') Worker's Compcnsation lnsurance as reguired by applicable law; (bJ Clcneral Liability lngurance oovcring aiiopcrations: S2$00,000 (occ) 1! $4,000,000 (aeg); (c.) nuomobile Liability lnrurance: $i,000,000 inclJng coverage for a1 orined,hired and non-owned automobiles. Any other insurance covcrags and/or amounts above tirose listed may bl at an additional cost to the Owner.
SECTION 4' LABOR. Contractor shall maintain all labor policies in conformity with its existing Labor Agrcements.
SECTION 5. INDEMNIFICATION. Contractor shall indemnify the Owncr to the fullest extent permitted by Law for olaims arising out of Coniractor's operations performcd under this Agreement- Such indemnification shall not eitend to any claims arising from thiactive ncgligencc, sole negligence, or willful misconduct of Owner including its agents and employees, or the designs privided bysuch parlics.
SECTION 6. DISPUTE RESOLUTION Any and all claims, controversies or disputes arising out of or relating to this agreement which rcmain unresolved after good-faith and direct negotiations between parties, shall first be submi6ed to confidential med-iation as aconditionprecedenltoarbitrationortheinstitutionoflegalorequitablepioceedingsbyeitherparty. Ifanyissucs,claimsordisputes remain unrcsolved after mediation concludes, the partics agree to submit any such-issues within forty-five 1iq Oays following mediation to binding arbitration in accordance with Conshuction Industry Arbitration Rulcs of the American Arbitration Associatioi(AAA)' or Judicial Arbitration and Mediation scrvice, Inc. (JAMS) then in effect.
SECTI0N 7. UNFORESEEN CONDITIONS. If uoknown conditions, inctuding hazardous material, utilities or structures ar€ encountered Contractor will cease all operations and Owner urill determine the nature and extent of such conditions, and willrecommend the nature and extent of remcdiation. Any unknown conditions, utilities or shuctures that are encountered shall bs considered as sxtra work for Contractor.
SECTION E. WARRANTY. Contractor wBrrants to Owner that all materials and equipment fumished shall be new unlcss otherwise specificd and that all work under this Agreemenl will bc performed in a good and workmantike manner, shatl be of good quality, fieefrom faults and defecls for a period of one (l) year from the date of W. M. Lyles Co.'s scope of work completion.
PcrJorm etct
Contractor is hereby authorizcd perform the sbove scope ofwork strrting on: As requested by the Owncr Dated: e9 - tS '23 Dated: 09-r_s-23ft!{':W*--rri)
=tr.l?-FSaTzE t T=\4EA-
By PL^H'T' tvt.Al.Jd qF'.l?
Name/Title:
I 1ao -l Yd Srtzqef
(Addressi)g^tsrc:13e, <A 984E'1
(City/StatelZip)
W. M, LYLES CO.
Kevin R. Shigema , Sr. Vice President
Pfl Flnw?Rl
By
(Address)
Fresno.CA93729 ." 422390
(Citylstate/Zip) (Contractor Lic. No.)
\ur, M. TYLES CO.
CONTRACTOR_ ltar
'All idvoiceB tor dy 3eNicos sd !cliq noliFs rha.ll bc nolcd to ths obovc addrsr Rey. 0-1/21 Page I ofl
39 ATTACHMENT 3
40 TO: DATE:
ATTN: INVOICE NO:
ADDRESS: JOB NO:
EMAIL: [email protected]
PROJECT LOCATION: 333 North Ave, Sanger, CA 93657
PROJECT: City of Sanger WWTP- RCP Repair T&M
DATE AMOUNT
09/25/23 1,539.88$
09/26/23 1,918.60$
09/27/23 2,474.69$
09/28/23 1,842.94$
10/02/23 1,706.01$
10/03/23 3,676.68$
10/16/23 10,354.56$
10/17/23 10,491.94$
10/18/23 3,467.73$
10/19/23 4,679.22$
10/20/23 3,537.90$
10/23/23 6,414.11$
10/24/23 11,411.80$
10/25/23 4,954.40$
10/26/23 4,040.78$
10/27/23 14,270.40$
10/30/23 4,494.71$
10/31/23 2,669.57$
TOTAL AMOUNT DUE THIS INVOICE 93,945.92$
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department
"Under the Mechanics' Lien Law (Calif. Code of Civil Procedure Section 3082 et Seq.) any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full, if the subcontractor, laborer or supplier remains unpaid." John Mulligan, Public Works Director
11/6/2023
52.8641.001
52.8641
Sanger, CA 93657
1700 7th Street
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
City of Sanger WWTP- RCP Repair T&M
DESCRIPTON
41 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 473.52 88.79 - 53.64 242.73 - 858.68 TOTALS
116.00
116.00
DATE TOTALS
9/25/2023 131.64
131.64
SUMMARY
1 EARNING 615.95
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 129.35
3 TOOL EXPENSE ( 6% OF ITEM 1) 36.96
4 FRINGES 242.73
5 SUBSISTENCE -
1,024.99
6 EQUIPMENT 116.00
7 MATERIAL & SUBCONTRACT 131.64
247.64
1,272.63
8 OVERHEAD ( 10% OF ITEM 1-7) 127.26
9 PROFIT ( 10% OF ITEM 1-8) 139.99
TOTAL 1,539.88
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
LABOR
EMPLOYEE
TOTALS
EQUIPMENT
DESCRIPTION EQUIPMENT NO. HOURS RATE
333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&MCity of Sanger WWTP- RCP Repair T&M City of Sanger - Public Works Department
9/25/2023
52.8641
S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS FRINGESVACATION
3/4 Ton Pickup 18.290. 8 14.50
TOTALS
MATERIALS OR SUBCONTRACT
TICKET NO. DESCRIPTION
4513517 Home Depot
TOTALS
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
42 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 1.0 64.09 64.09 1.0 96.14 96.14 - 128.18 - 3.25 6.50 25.31 50.62 - 217.35 2298 Rafael Cortez-Cardenas No. Laborer 4.0 41.05 164.20 1.0 61.58 61.58 - 82.10 - 3.25 16.25 25.31 126.55 - 368.58 5530 Salvador Cortez-Muniz 1st Period Laborer 4.0 22.10 88.40 - 33.15 - - 44.20 - 0.91 3.64 10.95 43.80 - 135.84 1951 Travis Metheny Operator 4.0 59.19 236.76 1.0 88.79 88.79 - 118.38 - 5.96 29.80 26.97 134.85 - 490.20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 553.45 246.50 - 56.19 355.82 - 1,211.96 TOTALS
12.50 72.00
58.00 142.50
DATE TOTALS
-
SUMMARY
1 EARNING 856.14
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 179.79
3 TOOL EXPENSE ( 6% OF ITEM 1) 51.37
4 FRINGES 355.82
5 SUBSISTENCE -
1,443.12
6 EQUIPMENT 142.50
7 MATERIAL & SUBCONTRACT -
142.50
1,585.62
8 OVERHEAD ( 10% OF ITEM 1-7) 158.56
9 PROFIT ( 10% OF ITEM 1-8) 174.42
TOTAL 1,918.60
12.50 18.00
14.50 DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
9/26/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Gang Truck 15.203. 4
1 Ton Pickup 18.286. 4
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 1
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
43 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 801.92 150.36 - 82.89 470.52 - 1,505.69 TOTALS
144.00
116.00
260.00
DATE TOTALS
-
SUMMARY
1 EARNING 1,035.17
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 217.39
3 TOOL EXPENSE ( 6% OF ITEM 1) 62.11
4 FRINGES 470.52
5 SUBSISTENCE -
1,785.19
6 EQUIPMENT 260.00
7 MATERIAL & SUBCONTRACT -
260.00
2,045.19
8 OVERHEAD ( 10% OF ITEM 1-7) 204.52
9 PROFIT ( 10% OF ITEM 1-8) 224.97
TOTAL 2,474.69
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
LABOR
EMPLOYEE
TOTALS
RATE
18.00 14.50
S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES DESCRIPTION EQUIPMENT NO. HOURS
Gang Truck 15.203. 8
City of Sanger - Public Works Department 52.8641
9/27/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
1 Ton Pickup 18.286. 8
TOTALS
DESCRIPTION
TICKET NO.
EQUIPMENT
MATERIALS OR SUBCONTRACT
44 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 1951 Travis Metheny Operator 6.0 59.19 355.14 1.0 88.79 88.79 - 118.38 - 5.96 41.72 26.97 188.79 - 674.44 4273 Huriel Rodriguez No. Laborer 6.0 48.15 288.90 - 72.23 - - 96.30 - 3.25 19.50 25.31 151.86 - 460.26 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 644.04 88.79 - 61.22 340.65 - 1,134.70 TOTALS
87.00 87.00
174.00
DATE TOTALS
-
SUMMARY
1 EARNING 794.05
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 166.75
3 TOOL EXPENSE ( 6% OF ITEM 1) 47.64
4 FRINGES 340.65
5 SUBSISTENCE -
1,349.09
6 EQUIPMENT 174.00
7 MATERIAL & SUBCONTRACT -
174.00
1,523.09
8 OVERHEAD ( 10% OF ITEM 1-7) 152.31
9 PROFIT ( 10% OF ITEM 1-8) 167.54
TOTAL 1,842.94
TOTALS
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
MATERIALS OR SUBCONTRACT
TICKET NO. DESCRIPTION
3/4 Ton Pickup 18.290. 6 14.50
1 Ton Pickup 18.286. 6 14.50
DESCRIPTION EQUIPMENT NO. HOURS RATE
9/28/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
FRINGES
TOTALS
EQUIPMENT
45 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 5085 David Gomez Project Manager 2.0 81.00 162.00 - - - - - - - - - - - 162.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 635.52 88.79 - 53.64 242.73 - 1,020.68 TOTALS
116.00
63.20 179.20
DATE TOTALS
-
SUMMARY
1 EARNING 777.95
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 163.37
3 TOOL EXPENSE ( 6% OF ITEM 1) 46.68
4 FRINGES 242.73
5 SUBSISTENCE -
1,230.73
6 EQUIPMENT 179.20
7 MATERIAL & SUBCONTRACT -
179.20
1,409.93
8 OVERHEAD ( 10% OF ITEM 1-7) 140.99
9 PROFIT ( 10% OF ITEM 1-8) 155.09
TOTAL 1,706.01
14.50 15.80
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/2/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Air Compressor 40.127. 4
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
TOTALS
RATE
EQUIPMENT
1 Ton Pickup 18.286. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
46 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 4273 Huriel Rodriguez No. Laborer 8.0 48.15 385.20 - 72.23 - - 96.30 - 3.25 26.00 25.31 202.48 - 613.68 5085 David Gomez Project Manager 3.0 81.00 243.00 - - - - - - - - - - - 243.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,229.90 88.79 - 86.14 495.83 - 1,900.66 TOTALS
25.00 116.00
63.20 116.00
320.20
DATE TOTALS
10.3.23 438.42
438.42
SUMMARY
1 EARNING 1,404.83
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 295.01
3 TOOL EXPENSE ( 6% OF ITEM 1) 84.29
4 FRINGES 495.83
5 SUBSISTENCE -
2,279.96
6 EQUIPMENT 320.20
7 MATERIAL & SUBCONTRACT 438.42
758.62
3,038.58
8 OVERHEAD ( 10% OF ITEM 1-7) 303.86
9 PROFIT ( 10% OF ITEM 1-8) 334.24
TOTAL 3,676.68
12.50 14.50
15.80 14.50
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/3/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
1 Ton Pickup 18.286. 8
Air Compressor 40.127. 4
Vulcan Materials/Sand and Agg Base
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
73799085
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 2
3/4 Ton Pickup 18.290. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
47 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.5 61.58 92.36 - 82.10 - 3.25 30.88 25.31 240.45 - 692.09 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 1.0 33.15 33.15 - 44.20 - 0.91 8.19 10.95 98.55 - 316.69 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 5085 David Gomez Project Manager 3.0 81.00 243.00 - - - - - - - - - - - 243.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,349.90 214.30 - 99.21 632.35 - 2,295.76 TOTALS
25.00 54.40
144.00
54.40 116.00
393.80
DATE TOTALS
10.10.23 4,280.65
10.11.23 1,138.15
5,418.80
SUMMARY
1 EARNING 1,663.41
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 349.32
3 TOOL EXPENSE ( 6% OF ITEM 1) 99.80
4 FRINGES 632.35
5 SUBSISTENCE -
2,744.88
6 EQUIPMENT 393.80
7 MATERIAL & SUBCONTRACT 5,418.80
5,812.60
8,557.48
8 OVERHEAD ( 10% OF ITEM 1-7) 855.75
9 PROFIT ( 10% OF ITEM 1-8) 941.32
TOTAL 10,354.56
12.50 6.80
18.00 6.80
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/16/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES 1 Ton Pickup 18.286. 8
Flatbed Trailer 82.079. 8
Gang Truck 15.203. 8
Ferguson Waterworks
Ferguson Waterworks
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
1819512
1818804
TOTALS
RATE
EQUIPMENT
14.50 1/2 Ton Pickup 17.309. 2
Flat bed Trailer 82.085. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
48 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 2245 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 - 61.58 - - 82.10 - 3.25 26.00 25.31 202.48 - 556.88 3909 Pedro Gutierrez No. Carpenter 8.0 42.53 340.24 - 63.80 - - 85.06 - 5.58 44.64 28.23 225.84 - 610.72 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,775.54 150.36 - 167.31 1,037.06 - 3,130.27 TOTALS
25.00 144.00
116.00
144.00
429.00
DATE TOTALS
10.17.23 3,557.40
10.17.23 108.31
10.17.23 278.06
10.17.23 86.45
10.17.23 516.37
4,546.59
SUMMARY
1 EARNING 2,093.21
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 439.57
3 TOOL EXPENSE ( 6% OF ITEM 1) 125.59
4 FRINGES 1,037.06
5 SUBSISTENCE -
3,695.43
6 EQUIPMENT 429.00
7 MATERIAL & SUBCONTRACT 4,546.59
4,975.59
8,671.02
8 OVERHEAD ( 10% OF ITEM 1-7) 867.10
9 PROFIT ( 10% OF ITEM 1-8) 953.81
TOTAL 10,491.94
12.50 18.00
14.50 18.00
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/17/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Gang Truck 15.203. 8
1 Ton Pickup 18.286. 8
2025020
Sunbelt Rentals
White Cap
Home Depot
Home Depot
Ferguson
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
2011456
1820626
1451532448-0001
50024158988
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 2
Gang Truck 15.210. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
49 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 1.5 64.09 96.14 - 96.14 - - 128.18 - 3.25 4.88 25.31 37.97 - 138.99 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 5085 David Gomez Project Manager 1.0 81.00 81.00 - - - - - - - - - - - 81.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,155.86 150.36 - 95.05 596.09 - 1,997.36 TOTALS
18.75 144.00
116.00
278.75
DATE TOTALS
10.18.23 211.43
211.43
SUMMARY
1 EARNING 1,401.27
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 294.27
3 TOOL EXPENSE ( 6% OF ITEM 1) 84.08
4 FRINGES 596.09
5 SUBSISTENCE -
2,375.71
6 EQUIPMENT 278.75
7 MATERIAL & SUBCONTRACT 211.43
490.18
2,865.89
8 OVERHEAD ( 10% OF ITEM 1-7) 286.59
9 PROFIT ( 10% OF ITEM 1-8) 315.25
TOTAL 3,467.73
12.50 18.00
14.50 DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/18/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Gang Truck 15.203. 8
1 Ton Pickup 18.286. 8
Home Depot
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
1536781
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 1.5
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
50 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 - 61.58 - - 82.10 - 3.25 26.00 25.31 202.48 - 556.88 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 1.0 33.15 33.15 - 44.20 - 0.91 8.19 10.95 98.55 - 316.69 1951 Travis Metheny Operator 8.0 59.19 473.52 2.0 88.79 177.57 - 118.38 - 5.96 59.60 26.97 269.70 - 980.39 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 978.72 210.72 - 93.79 570.73 - 1,853.96 TOTALS
108.00
116.00
224.00
DATE TOTALS
10.19.23 319.52
10.19.23 1,123.17
1,442.69
SUMMARY
1 EARNING 1,283.23
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 269.48
3 TOOL EXPENSE ( 6% OF ITEM 1) 76.99
4 FRINGES 570.73
5 SUBSISTENCE -
2,200.43
6 EQUIPMENT 224.00
7 MATERIAL & SUBCONTRACT 1,442.69
1,666.69
3,867.12
8 OVERHEAD ( 10% OF ITEM 1-7) 386.71
9 PROFIT ( 10% OF ITEM 1-8) 425.38
TOTAL 4,679.22
18.00 14.50
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/19/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
1 Ton Pickup 18.286. 8
White Cap
Ferguson
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
10018922109
1821113
TOTALS
RATE
EQUIPMENT
Gang Truck 15.203. 6
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
51 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,106.90 150.36 - 96.67 608.74 - 1,962.67 TOTALS
25.00 144.00
116.00
285.00
DATE TOTALS
10.20.23 310.64
310.64
SUMMARY
1 EARNING 1,353.93
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 284.33
3 TOOL EXPENSE ( 6% OF ITEM 1) 81.24
4 FRINGES 608.74
5 SUBSISTENCE -
2,328.24
6 EQUIPMENT 285.00
7 MATERIAL & SUBCONTRACT 310.64
595.64
2,923.88
8 OVERHEAD ( 10% OF ITEM 1-7) 292.39
9 PROFIT ( 10% OF ITEM 1-8) 321.63
TOTAL 3,537.90
12.50 18.00
14.50 DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/20/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Gang Truck 15.203. 8
1 Ton Pickup 18.286. 8
Alert-O-Lite
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
0143187-IN
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 2
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
52 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2051 Todd Woods No. Carpenter 8.0 61.79 494.32 1.0 92.69 92.69 - 123.58 - 5.58 50.22 28.23 254.07 - 891.30 2245 Rafael Cortez No. Carpenter 8.0 53.16 425.28 - 79.74 - - 106.32 - 5.58 44.64 28.23 225.84 - 695.76 3909 Pedro gutierrez No. Carpenter 8.0 42.53 340.24 - 63.80 - - 85.06 - 5.58 44.64 28.23 225.84 - 610.72 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 5085 David Gomez Project Manager 1.0 81.00 81.00 - - - - - - - - - - - 81.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2,319.56 243.05 - 229.67 1,263.87 - 4,056.15 TOTALS
100.00
116.00
144.00
360.00
DATE TOTALS
10.23.23 130.85
130.85
SUMMARY
1 EARNING 2,792.28
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 586.38
3 TOOL EXPENSE ( 6% OF ITEM 1) 167.54
4 FRINGES 1,263.87
5 SUBSISTENCE -
4,810.07
6 EQUIPMENT 360.00
7 MATERIAL & SUBCONTRACT 130.85
490.85
5,300.92
8 OVERHEAD ( 10% OF ITEM 1-7) 530.09
9 PROFIT ( 10% OF ITEM 1-8) 583.10
TOTAL 6,414.11
12.50 14.50
18.00 DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/23/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
1 Ton Pickup 18.286. 8
Gang Truck 15.203. 8
Ferguson Waterworks
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
1822192
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.288. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
53 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 2051 Todd Woods No. Carpenter 8.0 61.79 494.32 1.0 92.69 92.69 - 123.58 - 5.58 50.22 28.23 254.07 - 891.30 2245 Rafael Cortez No. Carpenter 8.0 53.16 425.28 - 79.74 - - 106.32 - 5.58 44.64 28.23 225.84 - 695.76 3909 Pedro gutierrez No. Carpenter 8.0 42.53 340.24 - 63.80 - - 85.06 - 5.58 44.64 28.23 225.84 - 610.72 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2,366.74 243.05 - 236.17 1,314.49 - 4,160.45 TOTALS
25.00 100.00
144.00
116.00
144.00
529.00
DATE TOTALS
10.24.23 2,775.21
10.24.23 1,198.17
3,973.38
SUMMARY
1 EARNING 2,845.96
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 597.65
3 TOOL EXPENSE ( 6% OF ITEM 1) 170.76
4 FRINGES 1,314.49
5 SUBSISTENCE -
4,928.86
6 EQUIPMENT 529.00
7 MATERIAL & SUBCONTRACT 3,973.38
4,502.38
9,431.24
8 OVERHEAD ( 10% OF ITEM 1-7) 943.12
9 PROFIT ( 10% OF ITEM 1-8) 1,037.44
TOTAL 11,411.80
12.50 12.50
18.00 14.50
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/24/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES Gang Truck 15.203. 8
1/2 Ton Pickup 17.288. 8
Gang Truck 15.210. 8
Builders Concrete
Ferguson Waterworks
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
318185
1821988
TOTALS
RATE
EQUIPMENT
18.00 1/2 Ton Pickup 17.309. 2
1 Ton Pickup 18.286. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
54 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 2051 Todd Woods No. Carpenter 4.0 61.79 247.16 - 92.69 - - 123.58 - 5.58 22.32 28.23 112.92 - 382.40 2245 Rafael Cortez No. Carpenter 4.0 53.16 212.64 - 79.74 - - 106.32 - 5.58 22.32 28.23 112.92 - 347.88 3909 Pedro gutierrez No. Carpenter 4.0 42.53 170.12 - 63.80 - - 85.06 - 5.58 22.32 28.23 112.92 - 305.36 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 2298 Rafael Cortez-Cardenas No. Laborer - 41.05 - - 61.58 - - 82.10 - 3.25 - 25.31 - - 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 1.0 33.15 33.15 - 44.20 - 0.91 8.19 10.95 98.55 - 316.69 5085 David Gomez Project Manager 1.0 81.00 81.00 - - - - - - - - - - - 81.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,489.42 121.94 - 135.29 730.66 - 2,477.31 TOTALS
25.00 50.00
72.00 116.00
263.00
DATE TOTALS
10.25.23 280.58
10.25.23 602.06
882.64
SUMMARY
1 EARNING 1,746.65
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 366.80
3 TOOL EXPENSE ( 6% OF ITEM 1) 104.80
4 FRINGES 730.66
5 SUBSISTENCE -
2,948.91
6 EQUIPMENT 263.00
7 MATERIAL & SUBCONTRACT 882.64
1,145.64
4,094.55
8 OVERHEAD ( 10% OF ITEM 1-7) 409.45
9 PROFIT ( 10% OF ITEM 1-8) 450.40
TOTAL 4,954.40
12.50 12.50
18.00 14.50
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/25/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
1/2 Ton Pickup 17.288. 4
Gang Truck 15.210. 4
Core & Main
West Coast Sand and Gravel
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
T829113
667703
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 2
3/4 Ton Pickup 18.290. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
55 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 1951 Travis Metheny Operator 8.0 59.19 473.52 2.0 88.79 177.57 - 118.38 - 5.96 59.60 26.97 269.70 - 980.39 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 2.0 61.58 123.15 - 82.10 - 3.25 32.50 25.31 253.10 - 737.15 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 1.0 33.15 33.15 - 44.20 - 0.91 8.19 10.95 98.55 - 316.69 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 978.72 333.87 - 100.29 621.35 - 2,034.23 TOTALS
116.00
144.00
260.00
DATE TOTALS
10.26.23 114.23
10.26.23 549.55
663.78
SUMMARY
1 EARNING 1,412.88
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 296.70
3 TOOL EXPENSE ( 6% OF ITEM 1) 84.77
4 FRINGES 621.35
5 SUBSISTENCE -
2,415.70
6 EQUIPMENT 260.00
7 MATERIAL & SUBCONTRACT 663.78
923.78
3,339.48
8 OVERHEAD ( 10% OF ITEM 1-7) 333.95
9 PROFIT ( 10% OF ITEM 1-8) 367.34
TOTAL 4,040.78
14.50 18.00
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/26/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Gang Truck 15.203. 8
White Cap
United Rentals
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
10018966507
226053953-001
TOTALS
RATE
EQUIPMENT
1 Ton Pickup 18.286. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
56 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 2245 Rafael Cortez No. Carpenter 8.0 53.16 425.28 - 79.74 - - 106.32 - 5.58 44.64 28.23 225.84 - 695.76 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 3909 Pedro Gutierrez No. Carpenter 8.0 42.53 340.24 - 63.80 - - 85.06 - 5.58 44.64 28.23 225.84 - 610.72 5085 David Gomez Project Manager 1.0 81.00 81.00 - - - - - - - - - - - 81.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,953.42 150.36 - 185.95 1,060.42 - 3,350.15 TOTALS
25.00 116.00
144.00
144.00
429.00
DATE TOTALS
10.27.23 413.73
10.27.23 265.02
10.27.23 6,717.60
7,396.35
SUMMARY
1 EARNING 2,289.73
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 480.84
3 TOOL EXPENSE ( 6% OF ITEM 1) 137.38
4 FRINGES 1,060.42
5 SUBSISTENCE -
3,968.37
6 EQUIPMENT 429.00
7 MATERIAL & SUBCONTRACT 7,396.35
7,825.35
11,793.72
8 OVERHEAD ( 10% OF ITEM 1-7) 1,179.37
9 PROFIT ( 10% OF ITEM 1-8) 1,297.31
TOTAL 14,270.40
12.50 14.50
18.00 18.00
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/27/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
1 Ton Pickup 18.286. 8
Gang Truck 15.203. 8
142051
United Rentals
United Rentals
Sanger Outback Invoice for Concrete and Slurry
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
226265287.001
226395098-002
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 2
Gang Truck 15.210. 8
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
57 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 2052 Kevin Vieira No. Laborer 2.0 64.09 128.18 - 96.14 - - 128.18 - 3.25 6.50 25.31 50.62 - 185.30 1951 Travis Metheny Operator 8.0 59.19 473.52 1.0 88.79 88.79 - 118.38 - 5.96 53.64 26.97 242.73 - 858.68 2298 Rafael Cortez-Cardenas No. Laborer 8.0 41.05 328.40 1.0 61.58 61.58 - 82.10 - 3.25 29.25 25.31 227.79 - 647.02 5530 Salvador Cortez-Muniz 1st Period Laborer 8.0 22.10 176.80 - 33.15 - - 44.20 - 0.91 7.28 10.95 87.60 - 271.68 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,106.90 150.36 - 96.67 608.74 - 1,962.67 TOTALS
25.00 116.00
144.00
285.00
DATE TOTALS
10/30/2023 1,101.40
1,101.40
SUMMARY
1 EARNING 1,353.93
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 284.33
3 TOOL EXPENSE ( 6% OF ITEM 1) 81.24
4 FRINGES 608.74
5 SUBSISTENCE -
2,328.24
6 EQUIPMENT 285.00
7 MATERIAL & SUBCONTRACT 1,101.40
1,386.40
3,714.64
8 OVERHEAD ( 10% OF ITEM 1-7) 371.46
9 PROFIT ( 10% OF ITEM 1-8) 408.61
TOTAL 4,494.71
12.50 14.50
18.00 DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/30/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
1 Ton Pickup 18.286. 8
Gang Truck 15.203. 8
Outback Slurry for Backfil near pump house
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
142095
TOTALS
RATE
EQUIPMENT
1/2 Ton Pickup 17.309. 2
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
58 CUSTOMER: JOB NO:
DATE: PROJECT LOCATION:
DESCRIPTION: PROJECT:
SUBS'T
EE Number NAME CLASS HRS RATE AMOUNT HRS RATE AMOUNT HRS RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE TOTALS 1951 Travis Metheny Operator 6.0 59.19 355.14 1.0 88.79 88.79 - 118.38 - 5.96 41.72 26.97 188.79 - 674.44 2298 Rafael Cortez-Cardenas No. Laborer 6.0 41.05 246.30 1.0 61.58 61.58 - 82.10 - 3.25 22.75 25.31 177.17 - 507.80 5530 Salvador Cortez-Muniz 1st Period Laborer 6.0 22.10 132.60 - 33.15 - - 44.20 - 0.91 5.46 10.95 65.70 - 203.76 5085 David Gomez Project Manager 1.0 81.00 81.00 - - - - - - - - - - - 81.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 815.04 150.36 - 69.93 431.66 - 1,466.99 TOTALS
87.00 108.00
195.00
DATE TOTALS
10.31.23 264.72
264.72
SUMMARY
1 EARNING 1,035.33
2 INSURANCE AND TAXES ( 21% OF ITEM 1) 217.42
3 TOOL EXPENSE ( 6% OF ITEM 1) 62.12
4 FRINGES 431.66
5 SUBSISTENCE -
1,746.53
6 EQUIPMENT 195.00
7 MATERIAL & SUBCONTRACT 264.72
459.72
2,206.25
8 OVERHEAD ( 10% OF ITEM 1-7) 220.63
9 PROFIT ( 10% OF ITEM 1-8) 242.69
TOTAL 2,669.57
14.50 18.00
DESCRIPTION EQUIPMENT NO. HOURS
W. M. LYLES CO.
P. O. BOX 28130, FRESNO, CA 93729
PHONE (559) 441-1900
CALIFORNIA CONTRACTOR'S LICENSE NO. 422390
City of Sanger - Public Works Department 52.8641
10/31/2023 333 North Ave, Sanger, CA 93657
City of Sanger WWTP- RCP Repair T&M City of Sanger WWTP- RCP Repair T&M LABOR
EMPLOYEE S.T. EARNINGS O.T. EARNINGS D.T. EARNINGS VACATION FRINGES
Gang Truck 15.203. 6
Home Depot
TICKET NO.
TOTALS
DESCRIPTION
MATERIALS OR SUBCONTRACT
8537932
TOTALS
RATE
EQUIPMENT
1 Ton Pickup 18.286. 6
SUBTOTAL LABOR:
SUBTOTAL EQUIPMENT & MATERIALS:
SUBTOTAL LABOR, EQUIPMENT & MATERIALS:
TOTALS
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
ATTACHMENT 4
87 Sec.2-214. - Competitive bidding and exemptions.
(a) Except as otherwise provided, all purchases and contracts for the purchase of supplies, materials, equipment and services, and all sales of property which have been found not to be required for public use, shall be based on competitive bids. (b) It shall be the responsibility of the purchasing agent to evaluate each purchase and surplus property action to determine the appropriate method of purchase or disposal. (c) Professional services may be engaged without competitive bidding, provided that a reasonable number of prospective service providers are given an opportunity to submit their qualifications for the desired service. The specific procedures for hiring professionals shall vary with the nature and extent of the required service. The award shall be made to the professional deemed most qualified and capable of providing the required service in a timely and acceptable manner. Compensation shall be subject to negotiation. If agreement cannot be reached with the designated professional, negotiations shall be terminated, and negotiations shall be initiated with the next best qualified and capable professional service provider. The renewal, extension or amendment of contracts with professional service providers shall not require a new competitive process except upon order of the city council. (d) Notwithstanding any other provision of this Code, the purchasing agent may make or authorize others to make emergency purchases and contracts for supplies, materials, equipment and services without competitive bidding when the purchase or contract for the item is immediately necessary for the continued operation of a department, for the preservation of life and property, when the purchase is required for health, safety or welfare of the public, or for the protection of property; provided, however, that there is a present, immediate and existing emergency; and that such emergency procurements shall be made with such solicitation of competitive pricing as practicable under the circumstances. The determination that an emergency exists shall be made by the city manager in writing, setting forth the specific facts establishing the emergency.
(e) If the purchasing agent determines that limitations on the source of supply, necessary restrictions in specifications, necessary standardization, quality considerations or other valid reasons for proceeding without competitive bidding are present, purchases may be made without competitive bidding. The specific facts establishing this exemption from competitive bidding shall be reported by the purchasing agency.
(0 Regular expenditures for public utility services shall be exempt from the competitive bid procedures.
(g) Notwithstanding any other provision of this Code, the purchasing agent may participate in, and purchase supplies, materials, equipment and services under the authority of, any governmentally-sponsored cooperative purchasing program, without further complying with this division. The purchasing officer and all other proper ofhcers are authorized to execute purchase orders and documents and perform other acts necessary for the city's participation in any such programs.
(Ord. No. 858, $ l(2.49),ll-21-91; Ord. No. 1133. gQ l. 2. 6-21-12 ) 88 ATTACHMENT 5
89 MEMORANDUM
P UB LIC I|/ORKS DEPARTMENT
JOIIN [" MULLIGAN, PUBLIC WORKS DIRECTOR
Date: November 30,2023
To: Greg Gamer,Interim City Manager
From: John Mulligan, Public Works Director
Subject: Emergency Purchase Declaration: Domestic and Industrial Sewer Line Failure On September 14,2023 W.M. Lyles Co. was contacted to assist in determining the source of a sewage effiuent leak at the city's waste water treatment plant (WWTP). While potholing to determine the location of the leak it was determined that the reinforced concrete pipe was deteriorated and collapsing in sections. Further investigation determined that not only was the domestic effluent line damaged, the industrial line was also damaged and leaking. The City Engineer and the Interim City Manager observed the damage and an emergency was declared to allow for immediate repairs. W.M. Lyles was on site and provided an agreement to make the repairs on a time and materials basis.
W.M. Lyles has performed similar work in the City of Sanger and they are familiar with the system. They have agreed to assist City crews in performing the repairs in a timely manner on a time and materials basis. The City purchased some of the materials and rented the required pumps. The collapse was bypassed with a rented pump.
You determined that the required purchases and services be considered an emergency which allowed for staffto quickly address the emergency repairs without utilizing the competitive bidding process. The funding is available within the Sewer Enterprise Fund. This authority is granted to the City Manager pff Section 2-214(d) of the sanger Municipal code. I have attached the section for your reference.
Please let me know if I can provide any further clarification or information regarding this issue.
By signing this document, you are formally determining that an emergency existed based upon the specific facts listed above. This allowed for the purchasing agent to allow for emergency purchases and services without utilizing the competitive bidding process per Sec. 2-214(d) of the Sanger Municipal Code. r//rc/ag
Greg Gamer,Interim City Manager Date
90 ATTACHMENT 6
91 bsdu@)4..h
dItMlu ia6ues
92 For the Meeting of:
Agenda Item No.:
Decembet 7,2023
fl- /
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and Councilmembers
David Brletic, Community Development Director
Public Hearing to Consider the Vacation of an unnamed existing alley between Cheny and Edgar Avenues, and West of Academy Avenue.
Attachments: (1) Location Map
(2) City Council Resolution No.2023-!aJ(Alley Vacation) Exhibit A Legal Description
Exhibit B Map
(3) City Council Resolution No. 2023-63 (Initiation of Vacation) (a) City Council Resolution No. 2023-62 (Intent to Vacate Alley and Setting Hearing)
(5) Planning Commission Resolution No. 2023-10
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends the City Council conduct the public hearing and adopt Resolution No. 2023$f, vacating the subject alley vacation area.
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 an easement 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 Prepated by: Ttistan Suire, Contract Planner Approved by: David Bdetic, Community Development Director REVIEW: City Manager h Finance: City Attorney:
TYPE OF ITEM:
Consent
Informational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Hearing
Mattet Initiated by a Council Membet
Othet
Continued to:-).
93 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 at a regular meeting on November 2nd,2023, initiated proceedings and set a hearing on the proposed vacation and authorized posting and publishing of the notice of hearing (see Resolution No. 2023-63 attached). Per Streets & Highways Code 8322,the notice of hearing has been published for two consecutive weeks before this public hearing. Additionally, notices of vacation have been posted along the line of the alley proposed to be vacated since November 21,2023, in three separate locations along the alley vacation area.
Staff has prepared a resolution to vacate the subject alley vacation area, Resolution No. 2023-_, which, if approved, will allow the existing alley to be vacated as defined in Exhibit A & B to the Resolution.
REASON FOR RECOMMENDATION:
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 further direction to Staff.
ACTIONS FOLLOWING APPROVAL:
Staff will cause a certified copy of Resolution No. 2023-_, attested by the City Clerk under the seal of the City, to be recorded in the Office of the County Recorder of Fresno County. 94 ATTACHMENT 1
Alley Vacation
Location Map
95 RESOLUTTON NO. 2023- (r1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER VACATING A
PORTION OF THE ALLEY GENERALLY LOCATED BETWEEN CHERRY AVENUE
AND EDGARAVENUE, WEST OFACADEMYAVENUE, SOUTH OFALREADY
VACATED PORTION OF THE ALLEY
WHEREA$ 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 Cherry 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 "8", 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, 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. 2023-62, givingnotice of the City Council's intent to vacate that portion of the alley generally located between Cheny Avenue and Edgar Avenue, West of Academy Avenue and South of the already vacated portion of the alley, and requesting that the Planning Commission determine whether the proposed vacation is consistent with the City's General Plan; 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, on September 28, 2023, the Planning Commission adopted Planning Commission Resolution 2023-10, finding, and determining that the proposed vacation of the subject alley vacation area is consistent with the Land Use and Circulation Elements of the City's General Plan; and
WHEREAS, pursuant to California Streets and Highways Code Section 8320, at its meeting on November 2,2023, the City Council adopted Resolution No.2023-63, setting a public or236.O11s/940628.L
96 hearing for Decemb er 7 , 2023, for the City Council to consider vacating and closing to public use the VacationArea, and directing staff to publish and post notice of the public hearing; and WHEREAS, the City's Community Development Department did cause the notice of the public hearing to be published and posted along the line of the subject alley vacation area, as required by statute; and
WHEREAS, pursuant to Section 83a0(c) of the Streets and Highways Code of the State of Califomia, the City will reserve and exempt from the vacation public utility and power and pipe line easements and the right necessary to maintain, operate, replace, remove, and renew public utility facilities; and
WHEREAS' apublic hearing was held on December7,2023, and evidence was heard and presented from all persons interested in the proposed street vacation, from all persons protesting the same and from members of the City staff, and this City Council considered all the evidence submitted concerning the proposed vacation of the VacationArea; and WHEREAS, the Cherry Crossing Multifamily project (including the vacation to the alley) has already been administratively approved consistent with the mandates of SB-35 (2017), and as such no further CEQA is required; and
WHEREAS, the City Council now desires to vacate the alley subject to the reservations and exemptions set forth herein.
NOW THEREFORE, the City Council of the City of Sanger does resolve as follows:
Section 1. Recitals. The City Council hereby finds that all the facts set forth in the recitals above are true and correct and incorporated herein.
Section 2. The City Council does hereby find that the subject Alley Vacation Area is unnecessary for the present and prospective public use.
Section 3. The City Council does hereby vacate the subject Alley Vacation Area, as described, and depicted on Exhibits "A" and "B", attached hereto, and incorporated herein.
Section 4. Pursuant to California Streets and Highways Code Section 83a0(c) the City of Sanger reserves and excepts from the foregoing vacation various public utility and power and pipeline eassments and correlating rights to maintain, operate, replace, remove, and renew the public utility facilities, including lines and appurtenant structures, fixtures, and equipment in connection with such easements existing in, under, or over the vacated area, unless quitclaimed or released by the owner thereof.
01236.010s/940628.1
97 Section 5. City staffis directed to cause a certified copy of this Resolution, attested by the City Clerk under the seal of the City, to be recorded in the Offrce of the County Recorder of Frgsno County'
!i r( * * {. * !* {. {. {. ,fr ,t :r. * ,r. :r. ,r. * * {. !r {. {. ,* The foregoing resolution was adopted at regular meeting of the City Council of the City of Sanger held on December 7,2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED
Rebeca Padron
City Clerk
Frank Gonzalez,Mayor
City of Sanger
01236.0105/940628.1
98 EXHIBIT,?"
LEGAL DESCRIPTION
Existing 20.00 foot Wide Alley to be Vacated.
The 20.00-foot-wide alley as shown on Parcel Map No. 79-4in Book 38 of Parcel Maps, Page 39 Fresno County Records, located in the East half of Lot 2 in Block 1-6 of Parkhurst's South Villa Addition to the Town of Sanger and more particularly described as follows:
BEGINNING at the Southwesterly corner of Parcel C, as shown on Parcel Map No. 79-4 in Book 38 of Parcel Maps, Page 39, Fresno County Records recorded on March 5, L982; thence North 89"57'00" West along the Northerly line of Cherry Avenue sixty (60.00') feet wide a distance of
20.00 feet to the Southwesterly corner of said 20.00 foot wide alley; Thence leaving said Northerly line of Cherry Avenue and continuing North 0"0L'2L" East along the easterly line of said 20.00' foot wide alley a distance of 300.00' feet to the intersection with the Easterly prolongation of the Northerly Line of Parcel " A" of said parcel map 79-4; Thence South 89"57'00" East along said Easterly prolongation a distance of 20.00' to the Easterly line of said
20.00 foot wide alley and the and Northwesterly corner of said Parcel "A", Thence South 0"01-'2l"West along the Westerly line of said 20.00 foot wide alley a distance of 300.00 feet back to the point of beginning.
Said parcel contains 6,000 Square Feet or 0.14 acres, more or less.
See attached depiction of Exhibit "A"
END OF DESCRIPTION
Prepared By:
Mid Valley Engineering
LLLT uV'Street
Modesto, CA.95353
Carl L. Betz PLS 5550
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1117 L Street, Modesto, CA 95354
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ATTACHMENT3
101
RESOLUTION NO. 2023-62
A RESOLUTION OF THE CrTy COUNCIL OF THE CrTy OF SANGER,
CALIFORIIIA 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 WHEREA$ 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 Avenueo west of Academy Avenue, south of the already vacated portion of the alley, as described in Exhibit "A" and depicted in Exhibit ooB", 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, 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 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 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 ofthe subject alley.
Section 4. This Resolution shall become immediately effective. 01236.010s/932930.1
*,t * * l.'t {. ti {.'t * * * r* r* *,t,* * :ft ,k !F !F * 102
The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said City Council held on the 2"d day of November 2023, and approved by the following vote:
AYES:
NOES:
ABSTAIN (RECUSAL):
ABSENT:
4t/*^'Pe/a-,L
GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NONE
HURTADO
NONE
ATTEST:
Rebeca Padron
City Clerk
01236.010s/932930.1
103
ATTACHMENT 4
104
RESOLUTION NO. 2023.63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,
CALIF'ORNIA SETTING THE DATE, HOUR, AND PLACE F'OR 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 PORTTON
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 Cheny Avenue and Edgar Avenue, west of Academy Avenue, south of the already vacated portion of the alley, as described in Exhibit 'oA" 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. 2023-62, 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, houro 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:
07236.O7O51932932.7
105
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 confonnance 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 ofthe 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 7. This Resolution shall become effective immediately after the Resolution initiating the vacation of the alley, which was concuffently considered by the City Council. * tt tt * !* tt *,t l. {. tt * * * !t !t !* !* !* !t't * tt {.
The foregoing resolution was considered by the City Council of the City of Sanger a a regular meeting of said Council held on the 2nd day of November 2023 and adopted by the following vote:
AYES:
NOES:
ABSTAIN (RECUSAL):
ABSENT:
1",6'*"&a*i
GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NONE
HURTADO
NONE
ATTEST:
01236.01Os1932932.7
Rebeca Padron, City Clerk
106
RNGE
i
SA
ATTACHMENT 5
CITY OF SANGER
PLANNING COMMISSION
RESOLUTION NO. 2023-IO
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANGER MAKING A
REPORT TO THE CITY COUNCIL REGARDING THE CONFORMITY OF THE VACATION
OF AN ALLEYWAY WITH THE GENERAL PLAN (GENERALLY LOCATED BETWEEN
CHERRY AVENUE AND EDGAR AVENUE, 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 rightof-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 WHEREAS, 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
WHEREAS, 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.
01236.0105/9't 8836.1
107
NOW THEREFORE, the Planning Commission of the City of Sanger resolves as follows:
1. Recitals: The above recitals are true and correct and are incorporated herein.
2. CEOA Recommendation: A preliminary environmental assessment was prepared for this project in accordance with the requirements of the Califomia 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 project 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 project.
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), page2-50 of the General Plan, specifically directions that the City "Identi$ 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. Effective Date: This resolution is effective immediately * *
NONE
NONE
COMMISSIONER DREW ESQUE& COMMISSIONER VICTOR ECHEVERRIA r*
* *
The foregoing resolution was adopted upon a motion by Vice Chair Ken Garcia, Commissioner Antonio Aguilar seconded the motion at a regular meeting of the City of Sanger Planning Commission on the 28ft of September,2023, and carried by the following vote:
AYES: CHAIR KEVIN CARTER, VICE CHAIR KEN GARCIA,
COMMIS SIONER KARI DANISKA, COMMIS SIONER ANTONIO
AGUILAR, COMMISSIONER MARY LOPEZ
NOES:
ABSTAIN:
ABSENT:
Dated: September 28, 2023 qawf,f*
David Brletic, Secretary
Planning Commission of the City of Sanger
01 236.01 05/91 8836.1
108
Fot the Meeting of:
Agenda Item No.:
CrrY oF SINGER
RE,PORT TO THE, CITY COUNCIL
Decembet 7,2023
I.4
To:
From:
Subject:
Mayor and City Council Members
Greg Garner,Interim City Manager
Amendment to Agreement with The CrisCom Company for the addition of Lobbying and Advocacy Services on behalf of the City of Sanger Attachments: Amendment No. I to Contract for Consultant Services Exhibit A to Amendment: MOU
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
That the City Council approve Amendment No. I to Contract for Consultant Services with The CrisCom Company relating to lobbying and advocacy services, effective January 1,2024, in addition to their current grant writing services and authorize Interim City Manager to execute.
EXECUTIVE SUMMARY:
The City Council inquired as to the feasibility of adding lobbying and advocacy services to the scope of work currently being provided by The CrisCom Company. CrisCom Company representatives indicated they could provide comprehensive govemment advocacy services at the State and Federal levels.
Specifically, CrisCom would position the City of Sanger with elected offrcials, staff and agencies in State and Federal government as needed to assist in obtaining funding for projects identified as priorities for the City of Sanger.
BACKGROUND:
The CrisCom Company is a partner with the City of Sanger, currently providing grant writing services and assistance with associated tasks. The company has provided services in the preparation of numerous grant applications, including Cal OTS Grant, submitted January 30th, the 2}22tJrbanCommunity Drought Preoared bv: Gres Gamer. Interim Cirv Manaser Aooroved bv:
REVIEW: City Manage r, #7 Finance: City Attomeyi _
TYPE OF ITEM: COUNCIL ACTION: APPROYED DENIED NO ACTION Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Headng
Matter Initiated by a Council Member
Other
Continued to:
109
Relief Funding, submitted January 31't, the Wonderful Central Valley Community Grant Program, submitted in October, 2023, and the Clean California Local Grant Program, submitted May 31't, for which the City of Sanger was awarded $1,000,000.
REASON FOR RECOMMENDATION:
Expanding the services provided by the CrisCom Company to include lobbying and advocacy services at the State and Federal levels with exponentially increase the City of Sanger's ability to seek funding assistance for major projects that require significant funding to accomplish.
FISCAL IMPACT:
With the extension of this agreement, an additional $2,500 per month fee would be added to the current fees for grant writing services fee, for a total $7,000 per month, drawn from the same account used for the current services provided by CrisCom.
ALTERNATIVES:
The City Council could decide not to approve the agreement, continuing with the current services provided by CrisCom.
ACTIONS FOLLOWING APPROVAL:
Execute the agreement.
\\nas l\shared\Forms & Templates
110
AMENDMENT NO. 1 TO CONTRACT BETWEEN THE CITY OF' SANGER AND THE CRISCROM COMPANY, INC., A CALIFORNIA CORPORATION
FOR CONSULTANT SERVICES
THIS AMENDMENT NO. I TO CONTRACT FOR CONSULTANT SERVICES ("Amendment No. 1") is made and entered into by and between City of Sanger ("City"), and The CrisCom Company, Inc., a California corporation ("Consultant"). For valuable consideration, Client and Consultant agree:
RECITALS
WHEREAS the City and Consultant entered into an Agreement on May 19,2022, for grant seeking, writing, and management assistance as well as lobbying and advocacy at the Federal and State level as appropriate; and
WHEREAS, the focus to date has been on grants and City would like that to continue but has requested a greater focus on lobbying and advocacy; and WHEREAS, the City and Consultant wish to amend the Agreement to provide for increased lobbying and advocacy services.
AGREEMENT
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
SECTION 1. Section 2 of the Agreement titled "Services" is amended to add the Scope of Work described in the November 28, 2023, Memorandum of Understanding attached hereto and incorporated by reference as Exhibit A.
SECTION 2. Section 3 of the Agreement titled "Fees" is amended to add the Compensation and Cost described in the November 28, 2023, Memorandum of Understanding attached hereto and incorporated by reference as Exhibit A.
SECTION 3. This Amendment No. 1 to Agreement is effective January 1,2024 SECTION 4. Except as amended by this Amendment No. 1, all terms and conditions in the Agreement shall continue in full force and effect.
[signatures on next pageJ
111
IN WITNESS WHEREOF, the City and Consultant have by their duly authorized representatives executed this Agreement as set forth below.
CONSULTANT
The Criscom Company, Inc.,
a Califomia corporation
Charles H. Jelloian
President & Chief Executive Officer
CITY
City of Sanger
a municipal corporation
Greg Garner,
Interim City Manager
112
EXHIBIT "A'
TO
AMENDMENT NO. 1 TO CONTRACT FOR CONSULTANT SERVICES
113
MEMORANDUM OF UNDERSTANDING
November 28r2023
Prepared for
Cig of Sanger
Greg Garner
[email protected]
vrtwwJhe0ris0omCompany.com
-w-
SCOPE OF WORK
The CrisCom Company, as an addition to our Grant Writing Services, will use our best efforts with comprehensive government advocacy services for the City of Sanger as their state and federal advocates. The CrisCom Company will position the City of Sanger with elected officials, staff and agencies in Sacramento and Washington, DC as needed, to obtain funding for projects identified by their Department Heads. ln addition to their advocacy services, The CrisCom Company will continue to update the City of Sanger on our efforts and progress on a regular basis.
GOMPENSATION AND COST
The CrisCom Company will agree that the fee for our Advocacy Services shall be an additional $2,500 per month, which is contingent upon our Grant Writing Services continuing at the current rate of $4,500 per month. This fee will be in advance of services to be rendered. All reimbursable expenses over $50 (including travel costs) shall be pre-approved by the City of Sanger. CrisCom will not ask for reimbursement of ordinary business expenses, such as parking and delivery charges.
The CrisCom Company's Federal Tax lD Number is: 95-4628989.
TERM
This agreement will commence on January 1,2024. Either party may terminate this relationship with or without cause on a 30-day written notice.
Greg Garner
City of Sanger
Date
Mr. Charles H. Jelloian
President & Chief Executive Officer
The CrisCom Company
Date
www.TheCrisComCom pany.com
9550 Topanga Canyon Blvd., Chatsworth, CA 91311
1099-4 Otis Ave., Corcoran, CA93212
114
For the Meeting of: Decembet 7,2023
Agenda Item No.:
I a
CrrYoF SINGER
RE,PORT TO THE, CITY COTJNCIL
To:
From:
Subject:
Mayor and Council Members
Becky Padron, City Clerk/Deputy Personnel Officer
Appointment to the Consolidated Mosquito Abatement District Board of Trustees
Attachments: Letter from Consolidated Mosquito Abatement District CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council make an appointment to the Consolidated Mosquito Abatement District Board of Trustees by either: 1) reappointing Karen Steinhauer to a two year term; 2) reappointing Karen Steinhauer to a four year term, or 3) implementing a process to solicit interest from residents who have the necessary education, training and experience followed by an appointment.
EXECUTIVE SUMMARY:
Karen Steinhauer currently serves as the Sanger City Council's appointee to the Consolidated Mosquito Abatement District Board of Trustees. She was first appointed in April 2009 to a seat that had been vacated. In December 2019, the City Council reappointed her to a four-year term. Her term ends on December 31,2023. Ms. Steinhauer is requesting reappointment to another four-year term. She currently serves as Vice President to the District Board of Trustees.
BACKGROUND:
Sections 2022 and 2024 of the California Health and Safety Code describe the qualifications and terms of office for board of trustee members of mosquito abatement and vector control districts. Each person appointed by a city council shall be a voter in that city and a resident of that portion of the city that is Prepared by: Becky Padron, City Clerk Approved by:
REVIEW: City Manage ,, GGt Finance: Ciw Attornev:
TYPE OF ITEM COUNCIL ACTION: APPROVED DENIED NO ACTION
Consent
Info Item
Action Item
Department Repott
Redevelopment Agency
Public Hearing
Matter Initiated by a Council Membet
Other
Continued to:
X
rT
115
within the district. The term of office shall be for two or four years, at the discretion of the appointing authority and the term begins at noon on the hrst Monday in January.
According to the Health and Safety Code, it is the intent of the Legislature that persons appointed have experience, training and education in fields that will assist in the governance of the district. Further, the trustees shall represent the interests of the public as a whole and not solely the interest of the appointing authority.
The Consolidated Mosquito Abatement District Board of Trustees has nine members representing the cities of Fowler, Reedley, Parlier, Selma, Kingsburg, Orange Cove, Clovis, Fresno and Sanger, and two members representing the County of Fresno. Regular meetings are held on the third Monday of each month at l:00 p.m. at the District office located in the city of Selma. Board of Trustee members receive a monthly payment of $75 for expenses incurred while on official business.
REASON FOR RECOMMENDATION:
The City Council has three options for appointing a member to the Board of Trustees, two of which include the reappointment of Karen Steinhauer. Ms. Steinhauer is willing to serve another 4-year term. She has a bachelor's degree with a major in Biology and a minor in Chemistry. She is currently employed at the Selma-Kingsburg-Fowler County Sanitation District as a Laboratory Supervisor. As such, her education, training and experience are in fields that assist with the governance of the Consolidated Mosquito Abatement District.
FISCAL IMPACT:
None.
ACTIONS FOLLOWING APPROVAL:
Staffwill provide acopy ofthe meeting minutes to the Consolidated Mosquito AbatementDistrict affirming the Council's appointrnent.
\has I \shared\Forms & Templates
116
Consolidated
Mosquito Abatement District
13t51 li INDIJS'flilAt. l)li
MAIL: l'.O. llOX 784
I'AltLIliR, CAt,il;ORNIA 936,t8
{559) 896-10&5
rvr.vrv. rnosrqui Lobuz:z:neL
October 23,2023
Gregory Garner, City Managcr
City of Sanger
l7oo 7'h Street
Sanger, CA 93657
Dear Mr. Gamer:
The current, appointed terrn of Ms. Karen Steinhauer as the trustee from the City of Sanger on the Consolidated Mosquito Abatement District Board of Trustees will expire December 31,2023. The City Council is responsible for appointing a trustee to represent the Cify of Sanger as a member on the District's Board.
The California Health and Safety Code $$ 2022 and2024 deseribe the qualifications and terms of office for board members: Each person appointed by a city council to be a member of a board of tmstees shall be a voter in that city and a resident of that portion of the city that is within the district. It is the intent of the Legislature that persons appointed to boards oftrustees have experience, training and education in fields that will assist in the governance of the district. The trustees shall represent the interests of the public as a whole and not solely the interest of the city council that appointed them. The term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority. Terms of office commence at noon on the first Monday in January.
Regular meetings of the Board of Trustees of the Consolidated Mosquito Abatement District are held on the third Monday of each month at l:00 pm.
Ms. Steinhauer has expressed her willingness to continuc to represent the City of Sanger and to serve another term as a trustee.
The District's Board of Trustees respectfully requests a certified copy of the City Council's action on this matter
S
J Holeman
Dishiot Manager
cc: Karen Steinhauer
Cornmuttity ltcalth, cour[ort atxl pr'ospel'ity are llomotcd by cf]'cctivc, corr{irruous uxrsquil-o itbatcnrcrrt rncasurcs. 117
Fot the Meeting of: December7,2023
Agenda Item No.
CrrYoF SINGER J-3
RE,PORTTO THE, CIry COUNCIL
To:
X'rom:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Approval of Final Mup, Agreements and Covenants for Tract No. 6327 - Phase II of Tract No. 5826
Attachments:
I Resolution No.ToZj-Cf and Exhibits Listed Hereunder
A. Final Map
B. Subdivision Agreement
C. Statement of Covenants Acknowledging Right to Farm Law D. Covenant for Landscape and Lighting District
E. Covenant for Community Facilities District
F. Temporary Lift Station Covenant
G. Agreement for Common Use of Easements
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. approvlng:
1. The Final Map for TractNo. 6327, Phase II of TractNo. 5826;
2. The Subdivision Agreement for Final Map of Tract No. 6327, Phase II of Tract No. 5826;
3. Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6327, Phase II of Tract No. 5826;
4. Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 "Sanger Landscape and Lighting District No. 2";
5. Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 "Community Facilities District No. 2005-01";
Prepared by: Toshua Rosets Approved by:
07236.0705/837746.7
REVIEW: City Manager: (/.t Finance: City Attorney:, _
TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Membet
Other
Continued to:
2023-68
118
6. Temporary Sewer Lift Station Covenant Affecting Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826; and
7. Agreement for Common Use of Easements.
EXECUTIVE SUMMARY:
D.R. Horton CA3, Inc. ("Developer"), has submitted a final map for Tract No. 6327, Phase II of Tract No. 5826 consisting of 63 single-family residential lots at the southwest intersection of North and Greenwood Avenues. This map is for the second phase of the development referred to as "Serenade" by the Developer.
In addition to submission of the final map, Developer has executed the required Subdivision Agreement and all other required documents as required by the Conditions of Approval. The City Engineer, City Surveyor, and City Staff have reviewed the final map and deemed it to be technically correct and in compliance with the approved tentative map. Staff recommends approval of the final map and all associated agreements and documents so that the development may continue to progress to completion.
BACKGROUND:
At its meeting on November 3, 2022, the City Council approved the Final Map, Subdivision Agreement, covenants and all other associated documents for Tract 5826, Phase I of Tract 5826. The project is being developed by D.R. Horton CA3, Inc. ("Developer"), is referred to by the Developer as 'oSerenade", and is located at the southwest corner of North and Greenwood Avenues. That project is currently under construction in accordance with the approved documents and the Developer has subsequently submitted a Final Map for the second and final phase of this development.
Tract 6327, Phase II of Tract 5826, consists of 63 single family residential lots. The Developer also submitted all improvement plans as required by the conditions of approval ("Conditions") for the Project.
Since all required improvements have not been completed prior to the approval of the final map, a subdivision agreement ("Agreement") is required between the City and Developer in accordance with Section 62-177 of the Sanger Municipal Code. The Developer has executed the Agreement (included as an attachment to the adopting resolution) and has provided the required subdivision securities to cover 100% of the cost of all subdivision improvements for faithful performance and 50%o of the cost of all subdivision improvements for payment to contractors and material suppliers. The Developer has also provided copies of the appropriate insurance certificates as required by the Agreement.
In general, the Conditions require the completion of all supporting infrastructure improvements including water and sewer pipelines and services, storm drainage pipelines and structures, roadway curbs, gutters, sidewalks, ramps, paving, streetlights and landscaping. All improvements are to be completed within 12 months of approval of the Agreement. The Conditions also required the annexation of the property to the Landscape and Lighting Maintenance District and Community Facilities District. These processes were initiated at the meeting of September 7,2023, and final annexations were completed as of the November 2,2023 meeting. An additional covenant is also required to acknowledge the Right to Farm Law.
In addition to the typical subdivision improvements needed to provide supporting infrastructure to the new housing lots, the Conditions for the subdivision required the construction of offsite sewer improvements in conformance to the adopted Sanitary Sewer Master Plan ("Sewer Conditions"). Specifically, the Sewer Conditions included the construction of a 24" sewer main in Muscat Avenue alignment between Greenwood and Academy Avenues and the construction of a sewer lift station at the intersection of Academy and Muscat Avenues. These improvements are planned to serve not only the proposed project, but to provide capacity for future development in the southwest, west, northwest and north areas of the Sphere of Influence. While these improvements are actively under construction, they are not yet completed. The Subdivision Agreement for Phase I dictated that these improvements must be complete 01236.0105/8311 46.1
119
and operational prior to the issuance of the 33'd building permit for Phase I. The first 32 permits can be issued and final occupancies can be granted utilizing a temporary sewer lift station for service. These conditions were memorialized with Phase I with a Temporary Lift Station Covenant. Because the ultimate improvements are not yet complete, the Phase II Final Map is also accompanied by a Temporary Lift Station Covenant to run with the land and restrict permitting and occupancy until the Sewer Conditions are satisfied.
An existing private irrigation pipeline known as the Winery Latenl Pipeline runs through the property along North Avenue and has been required for replacement and relocation by the Developer.
Consolidated Inigation District ("CID") has required the dedication of a pipeline easement by the Developer for the continued rights of access, maintenance and operation of this pipeline and this easement has been dedicated by the Developer and is reflected on the Final Map. The City desires to have certain pedestrian and landscape improvements constructed within this pipeline easement adjacent to North Avenue for use by the public and have rights to said improvements provided for through landscape and pedestrian easements in favor of the City. Due to the overlap of the pipeline easement and pedestrian and landscape easements on the Final Map, it is desired to have an Agreement for Common Use of Easements between City and CID to outline the respective requirements of each par:W. This document has been negotiated between City and CID and is attached to the authorizing resolution.
All applicable documents have been signed by the Developer. Staff has reviewed all documents, deemed them technically correct, and hereby recommends approval by the City Council.
REASON FOR RECOMMENDATION:
Sanger Municipal Code Section 62-97 states that the City Council "shall approve the final map if it conforms to all the requirements of this chapter and the map act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map." It is Staff s opinion that the Developer has complied with all necessary requirements and project Conditions and therefore recommends approval as stated herein.
FISCAL IMPACT:
The Developer has paid all fees and submitted all deposits required for approval of the Final Map and plans, and has agreed to pay for ongoing public works and building inspections through the remainder of the project. Development impact fees due for each residential unit constructed will be collected at the date of final inspection or issuance of certificate of occupancy for that unit, whichever occurs first, in accordance with Government Code 66007. Since Tract No. 5826 was approved as a Vesting Tentative Map, development impact fees will be paid at the rate in effect at the time of approval (June 2005).
Exhibit C to the Subdivision Agreement shows the impact fee payments, indicating that there are no fee credits or reimbursements due.
ACTIONS FOLLOWING APPROVAL:
City Staff will execute the map as delineated thereon and prepare supporting documentation for delivery to the County Recorder. Once completed and recorded, Staff will monitor the progress of completion of all improvements and satisfaction of the project Conditions and, once all are satisfied, make a recommendation for final acceptance of the subdivision improvements and release of the subdivision securities.
01236.0 10s /8 31 14 6 . 1
120
ATTACHMENT 1
0t236.0105,/83r146.1
121
01236.0105/831126.1
RESOLUTION NO. 2023-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING THE FINAL MAP, SUBDIVISION AGREEMENT AND
COVENA
NTS FOR TRACT NO. 6327, PHASE II OF TRACT NO. 5826
AND
AGREEMENT FOR COMMON USE OF EASEMENTS WITH
CONSOLIDATED IRRIGATION DISTRICT
WHEREAS, on June 7, 2007 the Sanger City Council adopted Resolutions 3965, 3966 and 3967 approving a CEQA Negative Declaration, Conditional Use Permit No. 06 -06, Vesting Tentative Tract Map No. 5826 (“Tentative Map”) and Annexation No. 06-03 to the Fresno Local Agency Formation Commission (LAFCo), respectively; and
WHEREAS, these approvals autho rized the development of a proposed 143 -lot single- family residential subdivision at the southwest corner of North and Greenwood Avenues, subject to the conditions of approval (“Conditions”) included within Resolution No. 3966; and WHEREAS, D.R. Horton CA3, Inc., a Delaware Corporation, subsequently acquired the property in question and is currently the owner of the property proposed for subdivision (“Developer”); and
WHEREAS, the Council approved the F inal Map, Subdivision A greement and associated covenants and documents for Tract 5826, Phase I of Tract 5826 on November 3, 2022 and that project is currently in construction; and
WHEREAS, the Developer has since filed a Final Map for Tract 6327, Phase II of Tract No. 5826, consisting of 63 single family residential lots in accordance with Section 62-91 of the Sanger Municipal Code; and
WHEREAS, the Final Map an d Improvement Plans have be en deemed technically correct by the City Engineer; and
WHEREAS, the Conditions for the project require certain improvements, covenants and annexations prior to the approval of the Final Map; and WHEREAS, City and Developer wish to enter in to a Subdivision Agreement in accordance with Sanger Municipal Code Section 62-177; and WHEREAS, Developer has submitted t o C ity executed copies of the following covenants which are necessary to satisfy the Conditions for the Project:
1. Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6327, Phase II of Tract No. 5826;
2. Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 “Sanger Landscape and Lighting District No. 2”; 122
01236.0105/831126.1
3. Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 “Community Facilities District No. 2005-01”;
4. Temporary Sewer Lift Station Covenant Affecting Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826; and
WHEREAS, Developer has al so submitted to City the “Supplementary Declaration of Serenade (Final Map of T ract 6327, P hase II of Tract 5826) ”, “Supplementary Master Dispute Resolution Declaration for Serenade (Final Map of T ract 6327, P hase II of Tract 5826) ”, and “Amended, Restated and S uperseding First Am endment to the De claration of Covenants, Conditions and R estrictions and Establishme nt of Easements of Serenade ”, which in relevant part meet the requirements of City Council Resolution No. 3966 (setting conditions of approval for Conditional Use Permit No. 06-06 and Vesting Tentative Tract Map No. 5826) as drafted and presented to the City; and
WHEREAS, the Conditions for the project require the replacement and relocation of an existing private irrigation pipeline along North Avenue, known as the W inery Lateral Pipeline; and
WHEREAS, Consolidated Irrigation District (“CID”) has require d the dedication of a pipeline easement by Developer for the continued rights of access, maintenance and operation of this pipeline and said easement has been dedicated by the Developer and is reflected on the Final Map; and
WHEREAS, City desires to have certain pedestrian and la ndscape i mprovements constructed within this pipeline easement adjacent to North Avenue for use by the public and have rights to said improvements provided for through landscape and pedestrian easements in favor of the City; and
WHEREAS, the overlap of the pipeline easem ent and pedes trian and landscape easements as shown on the Final Map necessitate an Agreement for Common Use of Easements between City and CID; and
WHEREAS, the City En gineer has re viewed all provided documentation and recommends approval by the Sanger City Council.
NOW, THEREFORE, the City Council of the City of Sanger does resolve as follows:
1. The Final Map for Tract No. 6327, Phase II of Tract No. 5826, attached hereto as Exhibit “A” to this Resolution, is approved.
2. The Subdivision Agreement for Final Map of Tract No. 6327, Phase II of Tract No. 5826, attached hereto as Exhibit “B” to this Resolution, is approved.
3. The Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6327, Phase II of Tract No. 5826, attached hereto as Exhibit “C” to this Resolution, is approved.
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4. The Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 “Sanger Landscape and Lighting District No. 2, attached hereto as Exhibit “D” to this Resolution, is approved.
5. The Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 “Community Facilities District No. 2005-01, attached hereto as Exhibit “E” to this Resolution, is approved.
6. The Temporary Sewer Lift Station Covenant Affecting Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826, attached hereto as Exhibit “F” to this Resolution, is approved.
7. The Agreement for Common Use of Easements between CID and City, attached hereto as Exhibit “G” to this Resolution, is approved.
8. City Staff are authorized to execute the Final Map as described thereon, and the Interim City Manager is authorized to sign all Agreements and Covenants on behalf of the City.
* * * * * * * * * * * * * * * *
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The foregoing resolution wa s considered by the Cit y Council of the City o f Sanger at a regular meeting of said Council held on the 7th day of December, 2023, and adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rebeca Padron, City Clerk
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EXHIBIT A
Final Map for Tract No. 6327, Phase II of Tract No. 5826 126
FINAL MAP OF
RECORDER'S CERTIFICATE
NOTARY ACKNOWLEDGMENT
CITY ENGINEER'S STATEMENT
SURVEYOR'S STATEMENT
LEGAL DESCRIPTION
RECORD TITLE INTEREST STATEMENT
CITY CLERK'S CERTIFICATE
__________________________________________
THIS PROPERTY IS SUBJECT TO THE FOLLOWING
CITY SURVEYOR'S STATEMENT
DIRECTOR OF DEVELOPMENT SERVICES
STATEMENT
VICINITY MAP
NTS
S. DEL REY AVE
E. NORTH AVE
E. ANNADALE AVE
E. JENSEN AVE
E. CENTRAL AVE
ACADEMY AVE
S. GREENWOOD AVE
S. BETHEL AVE
N
ABANDONMENT NOTE
TRACT 6327, PHASE II OF TRACT 5826
SHEET 1 OF 5
127
OUTLOT B
VOL. 92 OF PLATS ATPAGES 74-78,F.C.R.
GREENWOOD AVENUE
Δ
N
FINAL MAP OF
BASIS OF BEARINGS
LEGEND
REFERENCES
MUSCAT ALIGNMENT
TRACT 6327, PHASE II OF TRACT 5826
SHEET 2 OF 5
DETAIL 'A'
NOT A PART
128
27 12
26 13
25 14
24 15
23 16
22 17
21 18
20 19
3041
3338
3239
3140
2942
3437
3536
1 63
64 51
52 55
5857
50 54
53 9
65 66 67
3 68
44 69
6 70
4 46
71 2
5960
10 61
45 5
8 62
7 48
11 47
49 43 28
56 1 2
10 9 6
4 578
3 11
23 26
13 1412 15
24 25
16 20
21 19
22 1817
60 56
55 54
53 52
51 58
57 47 48 49
46 45 4344
27 33
28 29
30 31
32 34
36 40
39 37
35 42
41 38
HEIDI AVENUE
CATHERINE AVENUE
HUNTER AVENUE
DIAMOND AVENUE
GEORGE AVENUE
GEORGE AVENUE
COTTLE AVENUE HAWLEY AVENUE
NORTH AVENUE
HEIDI AVENUE
CATHERINE AVENUE
HUNTER AVENUE
DIAMOND AVENUE
RICHARD AVENUE
RICHARD AVENUE
NORTH AVENUE
SEE SHEET 5
9 7
6 5
4 3
2 1
94 1
2 3
4 5
6 7
8 OUTLOT A
LIME
AVENUE
LIME
AVENUE
GREENWOOD AVENUE
58 59
71 20
19 1
26 25 24 23 22 21
20 GEORGEAVENUE
19 1
TRACT 1989
VOL. 22 PAGE 3,F.C.R.
616263
COTTLE AVENUE 8
27 TRACT 2506
VOL. 28, PG. 54,F.C.R.
22232425
SEE SHEET 4
50 59
Δ=
59 N.A.P.
59 SEE SHEET 2 FOR BASIS OF BEARINGS
N
FINAL MAP OF
LEGEND
REFERENCES
TR. 5179
VOL. 71, PGS. 41-43, F.C.R.
TR. 5448
VOL. 76, PGS. 39-40, F.C.R.
TR. 5826, PHASE I
VOL. 92, PGS. 74-78,
F.C.R.
TRACT 6327, PHASE II OF TRACT 5826
SHEET 3 OF 5
DETAIL 'B'
NOT A PART
129
24 15
23 16
22 17
21 18
20 19
12 60
56 55
54 53
52 58
57 42 27
2841
47 46
48 45 43
49 50
44 51
40 29
COTTLE AVENUE HAWLEY AVENUE
HEIDI AVENUE
CATHERINE AVENUE
RICHARD AVENUE
Δ
Δ
Δ
Δ=
9 6
5 4
3 2
1 OUTLOT A LIME AVENUE
GREENWOOD AVENUE
COTTLE AVENUE
39 30 LIME AVENUE
Δ
Δ
Δ
7 616263
NORTH AVENUE
COTTLE AVENUE
8 N.A.P.
59 SEE SHEET 2 FOR BASIS OF BEARINGS
SEE SHEET 3 FOR SUBDIVISION BOUNDARY AND SHEET INDEX
THE REAL PROPERTY DESCRIBED BELOW
IS DEDICATED AS AN EASEMENT FOR
PUBLIC PURPOSES:
MONUMENT NOTE:
N
SEE SHEET 5
FINAL MAP OF
TR. 5826, PHASE I
VOL. 92, PGS. 74-78,
F.C.R.
TR. 5179
VOL. 71, PGS. 41-43, F.C.R.
TRACT 6327, PHASE II OF TRACT 5826
SHEET 4 OF 5
REFERENCES
LEGEND
130
58 67 68 69 70 71
5960
5140 29
23 26
19 13 1412
22 15
24 25
1816
17 20
21 10 9 6
4 578
1 2 3
11 36
30 31
37 32
35 34
33 39
38 HUNTER AVENUE
DIAMOND AVENUE
RICHARD AVENUE
Δ
Δ=
Δ=
Δ=
Δ
Δ
94 1
2 3
4 5
6 7
OUTLOT A LIME AVENUE
GREENWOOD AVENUE
LIME AVENUE
Δ
Δ
8 21
22 TR. 5826, PHASE I
VOL. 92, PGS. 74-78,
F.C.R.
TR. 5448
VOL. 76, PGS. 39-40, F.C.R.
TR. 5179
SEE SHEET 4
SEE SHEET 2 FOR BASIS OF BEARINGS
SEE SHEET 3 FOR SUBDIVISION BOUNDARY AND SHEET INDEX
LEGEND
THE REAL PROPERTY DESCRIBED BELOW
IS DEDICATED AS AN EASEMENT FOR
PUBLIC PURPOSES:
MONUMENT NOTE:
FINAL MAP OF
TRACT 6327, PHASE II OF TRACT 5826
N
SHEET 5 OF 5
REFERENCES
DETAIL 'C'
VOL. 71, PGS. 41-43, F.C.R.
DETAIL 'D'
131
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EXHIBIT B
Subdivision Agreement for Final Map of Tract No. 6327, Phase II of Tract No. 5826 132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
01236.0105/831126.1
EXHIBIT C
Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6327, Phase II of Tract No. 5826 158
159
160
161
162
163
164
01236.0105/831126.1
EXHIBIT D
Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 “Sanger Landscape and Lighting District No. 2” 165
166
167
168
169
170
171
01236.0105/831126.1
EXHIBIT E
Covenant Regarding Land Development for the Final Map of Tract No 6327, Phase II of Tract No. 5826 “Community Facilities District No. 2005-01” 172
173
174
175
176
177
178
01236.0105/831126.1
EXHIBIT F
Temporary Sewer Lift Station Covenant Affecting Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826
179
180
181
182
183
184
185
186
187
188
189
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EXHIBIT G
Agreement for Common Use of Easements
190
2023-10-24
01236.0105/764847.1
FREE RECORDING IN ACCORDANCE
WITH CALIFORNIA GOVERNMENT
CODE SECTIONS 6103 AND 27383
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF SANGER
1700 7TH STREET
SANGER, CA 93657
____________________________________________________________________________ The undersigned grantor(s) declare(s):
DOCUMENTARY TRANSFER TAX IS $0
AGREEMENT FOR COMMON USE OF EASEMENTS
THIS AGREEMENT FOR COMMON USE OF EASEMENTS (t his “Agreement”) is made and entered into as of _______________________, 2023, (the “Effective Date”) , by and between CONSOLIDATED IRRIGATION DISTRICT, a California Irrigation District (“District”) and the CITY OF SANGER, a general law city and municipal corporation (“City”). The District and the City are sometimes collectively referred in this Agreement as the “Parties” or singularly as a “Party” or by their individual names.
RECITALS
A. WHEREAS, District was organized on September 8, 1921, and provides water from the Kings River for irrigation and groundwater recharge; and
B. WHEREAS, the District is a California Irrigation District organized and existing under and by virtue of the Irrigation District Law, Division 11, of the California Water Code; and
C. WHEREAS, the District must have full access to and control over its facilities and the operation thereof; and
D. WHEREAS, the District holds an easement for ditches, canals, pipelines and other conveyance facilities over, under, across and through certain real property in Sanger, California and more particularly described in Exhibit “A”, which is attached hereto and incorporated herein by this reference (collectively “District Easement”). The District’s Winery Lateral Pipeline is located in the District Easement; and
E. WHEREAS, City has been offered for dedication an easement for landscape, irrigation, pedestrian and related purposes over, under, across and through certain real property in Sanger, California and more particularly described in Exhibit “B” which is attached hereto and incorporated herein by this reference (collectively “City Easement”). The City will construct and maintain street landscaping and sidewalk within the City Easement (collectively “ City Improvements”); and
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F. WHEREAS, the City Easement lies partially within the boundary of, and partially overlaps, the existing District Easement, which overlapping portion is being hereby designated as the "Area of Common Use"; and
G. WHEREAS, District and City wish to establish certain conditions under which the Area of Common Use shall be used by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties hereby agree as follows:
1. District’s Consent. District hereby consents to the use by City of the Area of Common Use for purposes of constructing, maintaining and operating the City Improvements .
City’s use of the Area of Common Use shall be subject to (i) the District’s right to fully use the Area of Common Use for all of the District’s purposes, and (ii) the terms and conditions set forth in this Agreement. The Parties acknowledge that the District has a prior right in the Area of Common Use and the District does not b y this Agreement subordinate any rights it may have in the Area of Common Use to any use thereof by the City. City acknowledges that the District, by consenting to the City’s use of the Area of Common Use, is making no representation or warranty regarding the existence or non -existence of any third -parties claiming a right, title, or interest in or to the Area of Common Use.
2. City Improvements . City shall, at its own cost and expense, and with the District’s prior written approval, locate, construct, operate, maintain, repair and replace the City Improvements in the Area of Common Use in such a manner and using such material as may be required so that the City Improvements will not at any time damage, impair or interfere with the present or future uses by the District of the District Easements. The City is specifically required to coordinate the construction of the City Improvements so that it does not interfere with the District’s water delivery, operations and mai ntenance schedules.
3. Ownership of Facilities/ Improvements . All of the City Improvements constructed or installed pursuant to this Agreement shall be the property of City, and all appurtenances and facilities installed by District or existing in the Area of Common Use , which are related to District's facilities , shall be the property of District. Except as herein otherwise provided, neither District nor City shall have any right, title, or control over the other's property, other than it may already have under applicable law .
4. Common Use . Except as expressly set forth herein, this Agreement shall not in any way alter, modify, or terminate the District Easements in the Area of Common Use.
Both District and City shall use the A rea of Common Use in such a manner as not to unreasonably interfere with the rights of one another and nothing herein shall be construed as a release or waiver of any claim for compensation or damages that the District or the City may now have, or may hereafter acquire, resulting from the construction or alteration of existing facilities or the construction or alteration of additional facilities by either District or City, which causes damage to or unreasona ble interfer es with the use of the Area of Common Use by the other Party. Each Party shall construct, operate, or maintain their improvements in the Area of Common Use in a manner that does not diminish or restrict the ability of the other Party to use the Area of Common Use for the purpose identified in this Agreement. Neither Party 192
01236.0105/764847.1 3
shall have the right to increase the extent of their use of the Area of Common Use as identified in this Agreement, without the express written authorization of the other Party.
5. City Reimbursement .
(a) City shall be responsible to pay, and shall reimburse District upon request, for any actual reasonable cost incurred by District for work performed by District that is caused by or required by City's construction, maintenance or use of the City Improvements. District shall provide reasonable advanced written notice to the City of the necessity of such work prior to commencement .
(b) Except as described above, District and City shall be responsible for the maintenance, repair, alteration, improvement or relocation of their respective facilities within the Area of Common Use .
(c) Nothing in this Agreement shall relieve the Parties of any responsibility toward the other for damage to the other’s property located outside of the Area of Common use.
6. Indemnification .
(a) District shall not be responsible for any damage to or for the costs of replacement or repair of any City or third-party facility located in the Area of Common Use and City shall indemnify and hold District harmless for any such cost and/or damages except for any such claims arising out of the willful misconduct or sole negligence of District or its directors, officers, employees, authorized volunteers or contractors.
(b) To the fullest extent permitted by law : (i) City agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arising out of its use of the Area of Common Use, except for any such claims arising out of the willful misconduct or sole negligence of the District or its directors, officers, employees , authorized volunteers or contractors , or those claims which violate the City's sovereign immunities. City agrees to defend, hold harmless, and indemnify District, its directors, officers, employees or authorized volunteers against any and all such injuries, damages, and claims arising out of the City’s use of the Area of Common Use; and (ii) District agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arisin g out of its use of the Area of Common Use, except for any such claims arising out of the willful misconduct or sole negligence of the City or its officials, officers, employees, authorized volunteers or contractors, or those claims which violate the Distr ict's sovereign immunities. District agrees to defend, hold harmless, and indemnify City, its officials, officers, employees or authorized volunteers against any and all such injuries, damages, and claims arising out of the District’s use of the Area of Common Use. This indemnification shall not be restricted to any insurance proceeds.
(c) In the event of concurrent negligence on the part of City or any of its officers, officials, employees, agents or volunteers, and the District or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, de mands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned 193
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under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.
(d) This section shall survive termination or expiration of this Agreement.
7. Notice of Work . Except in the event of an emergency, or as necessary to maintain the flow of water in District's facilities, each Party shall give the other reasonable notice before performing or permitting any work affecting the other's facilities in the Area of Common Use, and shall furnish the other Party with plans and specifications describing the work to be done before commencement of the work. The reviewing Party shall have the right to specify reasonable conditions on, or changes in, the proposed work and schedule when necessary to prevent damage to its facilities or interference with its operations in the Area of Common Use. Neither Party shall permit installation of facilities by others in the Area of Common Use without the written consent of the other Party. Each Party agrees to repair any damage to the other Party's facilities caused by work directed or performed by it within the Area of Common Use . E xcept that , where City's facilities or the City Improvements within the Area of Common Use must necessarily be damaged, destroyed or removed by District to accommodate repair, maintenance, modification or replacement of District's facilities, District shall have no obligation to restore City's affected facilities or City Improvements . In the event of an emergency, no such notice shall be required and either Party may proceed to do what is reasonably necessary to prevent serious loss or damage and to protect the public health and safety. An emergency shall be deemed to exist if immediate action is reasonably required to prevent serious loss or damage to life or property, or to protect the public health and safety.
8. Further Assurances. From time to time and at any time after the execution and delivery of this Agreement, each of the Parties, at its own expense, shall execute, acknowledge and deliver any further instruments, documents and other assurances reasonably requested by the other Party, and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by the other Party, to evidence or carry out the intent of this Agreement.
9. Limitations; Obligations.
(a) Prior to construction and installation of the City Improvements, City, at its sole cost and expense, shall obtain all necessary permits, licenses, authorizations, approvals or other governmental dispensations required to proceed with City’s activities pursuant to this Agreement.
(b) City shall ensure that all activities performed in the Area of Common Use with respect are performed (i) in conformance with all applicable federal and State laws and regulations, and (ii) in a good and workmanlike manner.
(c) City shall promptly pay all claims, especially those secured by a mechanic’s or materialman’s lien against the District’s Easements or any interest therein, for labor or materials furnished or alleged to have been furnished to or for City at or for use on the Area of Common Use.
(d) City agrees at all times to keep the City Improvements in a state of good and safe repair, at City’s sole cost and expense.
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10. Inspection. City agrees to notify the District’s General Manager, or his designee, at least two (2) business days before City work commences within the Area of Common Use. The District may inspect the work to ensure that the City Improvements, as built, conform to all permits, authorizations and approvals allowing for the construction and installation of the City Improvements. Such inspections may extend to all phases of the work, including, but not limited to the preparation of materials to be used. Failure of the District to detect any deviations, deficient materials or workmanship or any other defects in the City Improvements shall not (i) release the City from any obligation to correct such defects or from any liability resulting therefrom, or (ii) impose any liability on the District.
11. Term. The term of this Agreement shall be ten (10) years, commencing on the Effective Date of this Agreement and ending on the tenth (10 th) anniversary thereof. After the initial ten (10) years, the term of this Agreement is automatically extended for additional one (1)- year terms, unless at least thirty (30) days prior to the end of the previous term either Party gives written notice of t ermination. Notwithstanding any other provision in this Agreement to the contrary, it is understood and agreed by both Parties that the District has a prior right in the Area of Common Use and the District does not by this Agreement subordinate any righ ts it may have in the Area of Common Use to any use thereof by the City and the rights granted to the City hereunder are permissive in character. Upon termination of this Agreement, City shall promptly stop the use of and remove said City Improvements from the District Easements, at City’s sole cost and expense.
12. Liability Insurance. Each Party shall procure and maintain for the duration of this Agreement Commercial General Liability (CGL) insurance against claims for injuries to persons or damages to property which may arise from or in connection with their respective use of the Area of Common Use. Coverage shall be at least as broad as Insurance Services Office (ISO) Form CG 0001 covering on an “occurrence” basis, with limits no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property dama ge. If a general aggregate limit applies, either the general aggregate limit shall apply separately or the general aggregate limit shall be twice the required occurrence limit. The District and its directors, officers, employees, agents and consult ants, shall be covered as additional insureds on the City’s CGL policy. The insurance policies required by this Section 12 shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice (10 days for non-payment) has been provided to each Party.
13. Notices. All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this Section 13. The addresses and addressees noted below are that Party’s designated address and addressee for delivery or mailing of notices.
To District: Consolidated Irrigation District
c/o General Manager
P.O. Box 209
Selma, California 93662
Telephone: (559) 896-1660
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Facsimile: (559) 896-3830
To City: City of Sanger
c/o Tim Chapa, City Manager
1700 7th Street
Sanger, California 93657
Telephone: (559) 876-6300
Either Party may, by written notice to the other, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three (3) days after the postmark date. If sent by regular mail, the notice shall be deemed given forty -eight (48) hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty -four (24) hours after delivery to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means (including email) shall be deemed delivered upon telephone or similar confirmation of delivery (conformation report from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is received after 4:00 p.m. or on a Saturday, Sunday, or legal holiday, it shall be deemed received on the next business day.
14. Relationship of Parties. Neither Party hereto is, nor shall it become or be deemed to be, a partner or a joint venture with the other by reason of the provisions of this Agreement, nor shall this Agreement be construed to authorize either Party to act as the agent for the other.
Nothing contained in this Agreement shall be deemed to create any contractual relationship between the Parties hereto with any third parties.
15. Entire Agreement. This Agreement and items incorporated herein contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
16. Amendments. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing duly authorized and signed by representatives of both Parties.
17. Successors. T he terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, and administrators of the respective Parties.
18. Assignment. Neither Party hereto shall assign this Agreement, or any interest herein, without the prior written consent of the other Party. Any such attempted assignment in violation of this Agreement shall be null and void.
19. Governing Law; Venue. This Agreement and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including 196
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validity, interpretation and effect, by the laws of the State of California. Venue for the purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be in Fresno County, California.
20. Severability. If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected.
21. Headings. The subject headings of the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein.
22. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, all of which together shall constitute one and the same instrument.
23. Binding Effect. This Agreement shall "run with the land" and be binding upon and inure to the benefit of the successors and assigns of the Parties hereto.
24. Attorney’s Fees. Should any action or proceeding be commenced between the Parties hereto concerning this Agreement, or the rights and duties of any Party in relation thereto, the Party prevailing in such action or proceeding shall be entitled, in addition to such other relief as may be granted, to recover from the losing Party a reasonable sum for its attorneys', paralegals', accountants', and other professional fees and costs incurred in connection with such action or proceeding.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY DISTRICT
City of Sanger Consolidated Irrigation District,
a California irrigation district
By: _______________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
Title: _____________________________ Title: ______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ________________________________ By: ________________________________ Name: Hilda Cantu Montoy Name: Lauren D. Layne Firm: Montoy Law Corporation Firm: Baker Manock & Jensen, PC Title: Attorney for the City Title: Attorneys for the District
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EXHIBIT “A”
District Easement
A portion of the Northeast quarter of the Northwest quarter of Section 27, Township 14 South, Range 22 East, Mount Diablo Base and Meridian, in the City of Sanger, County of Fresno, State of California described as follows:
COMMENCING at the North quarter corner of said Section 27; thence leaving said POINT OF COMMENCEMENT, and along the North line of said Northwest quarter, South 89 °59’31” West, a distance of 151.17 feet; thence South 00 °00’29” East, a distance of 30.00 feet to the South right of way line of North Avenue and the northeast corner of an Irrigation Easement conveyed to Consolidated Irrigation District on September 13, 2022 as Document Number 2022-0114222, Official Records of Fresno County, also being the TRUE POINT OF BEGINNING;
Thence leaving said TRUE POINT OF BEGINNING, along said right of way line, North 89°59’31” East, a distance of 1 15.07 feet to a line being parallel with, and 36.00 feet westerly, as measured at right angles, from the East line of said Northwest quarter;
Thence along said parallel line, South 00 °10’44” West, a distance of 15.00 feet to a line being parallel with and 45.00 feet southerly, as measured at right angles from the North line of said Northwest quarter;
Thence along said parallel line, South 89°59’31” West, a distance of 105.88 feet;
Thence South 44°59’31” West, a distance of 7.07 feet to a line being parallel with and 50.00 feet southerly, as measured at right angles, from said North line;
Thence along said parallel line, South 89 °59’31” West, a distance of 4 .14 feet to the southeast corner of said irrigation easement conveyed to Consolidated Irrigation;
Thence along the east line of said irrigation easement conveyed to Consolidated Irrigation District, North 00 °00’29” West, a distance of 20.00 feet to the TRUE POINT OF BEGINNING.
Containing 1,759 square feet, more or less.
198
01236.0105/764847.1 9
EXHIBIT “B”
City Easement
A portion of the Northeast quarter of the Northwest quarter of Section 27, Township 14 South, Range 22 East, Mount Diablo Base and Meridian, in the City of Sanger, County of Fresno, State of California described as follows:
COMMENCING at the North quarter corner of said Section 27;
Thence along the east line of said Northeast quarter, South 00°10’44” West, a distance of
45.00 feet to a line 45.00 feet south of and parallel with the North line of said Northeast quarter;
Thence along said parallel line, South 89°59’31” West, a distance of 36.00 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said parallel line, South 89°59’31” West, a distance of 105.88 feet to a line 141.88 feet west of the East line of said Northeast quarter;
Thence along said line, South 44°59’31” West, a distance of 7.07 feet to a line 50.00 feet south of and parallel with said North line;
Thence along said parallel line, South 89°59’31” West, 273.73 feet to a line 420.59 feet west of and parallel with said East line;
Thence along said parallel line, North 00°10’44” East, 20.00 feet to a line 30.00 feet south of and parallel with said North line;
Thence along said parallel line, North 89°59’31” East, a distance of 384.59 feet to a line
36.00 feet west of and parallel with said East line;
Thence along said parallel line, South 0°10’44” West, a distance of 15.00 feet to the TRUE POINT OF BEGINNING;
Containing 7,150 square feet, more or less.
199
Fot the Meeting of; Decembet 7,2023
Agenda Item No.:
T_+
CrrYoF SINGER
RE,PORTTO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Authorization to Advertise for Bids
Well 19 Drilling & Development
Attachment:
1. Resolutions No.2022-89 and 2022-90
2. Letter Requesting Establishment of Eligible Construction Start Date CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council provide direction to Staff to advertise for bids a project to drill and develop Well 19 prior to the final approval of a funding agreement with the State Water Resources Control Board Division of Financial Assistance (DFA).
EXECUTIVE SUMMARY:
The test well for Well 19 has been completed and a production well has been recommended by the hydrogeologist consultant. Staff has prepared the plans and specifications for the drilling and development of the production well, but DFA has not issued the final funding agreement. Staff recommends continuing with the project while the terms of the agreement are coordinated so as not to hold up the project.
BACKGROUND:
At its regular meeting on November 3,2022, the City Council adopted Resolutions No. 2022-89 and 2022-90 (attached), which:
Preoated bv: Ioshua Rosers Apptoved by:
REVIEW: City Manage
", & Finance: Citv Attotnev:
TYPE OF ITEM:
x
X
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
200
1. Authorized the City Manager to sign and submit a Financial Assistance Application to the State Water Resources Control Board for the design and construction of the City of Sanger New Water Well Project (Authorizing Resolution); and
2. Designated the amount of project expenditures to be reimbursed by the State Water Resources Control Board for the design and construction of the City of Sanger New Water Well Project (Reimbursement Resolution).
The well project in question is Well 19, which is proposed to be located within the limits of Tract 6327 , Phase II of Tract 5826, the subdivision currently being developed by DR Horton on the southwest corner ofNorth and Greenwood Avenues. The test well has been completed and the recommendation from the hydrogeologist consultant is to drill and develop a production well at this site. The test well was funded by the City, but the production well and all site improvements (pump, motor, electrical, site improvements, etc.) are planned to be funded by a combination grant and no-interest loan through the State Water Board's Drinking Water State Revolving Fund. The amount of project expenditures authorized for reimbursement under Resolution No.2022-90 was $4,850,000.
At this time, the funding application process has been completed, the environmental clearance has been finalized, and the project funding is in the legal consultation phase, wherein the City's financial condition is being reviewed by DFA prior to the preparation of the project funding agreement. It is anticipated that this process could take several months to complete prior to the execution of a final agreement. DFA has indicated that all eligible expenditures for the project (i.e. those expenditures that are consistent with the scope of the Preliminary Engineering Report, funding application and environmental document submitted by the City for the project) will ultimately be reimbursable under the agreement once it is in place. The downside to continuing with the project is that, if the City could not come to funding terms with DFA and did not enter into an agreement, then it would be responsible for paying the costs associated with any work on Well 19.
It is Staff s opinion that the risk is low, because the City will want to accommodate any financial terms associated with DFA's offer of almost $5 million in grant and no-interest loan. Because the well site is in an active subdivision which is nearing approval of the final tract map, and because of the proximity of the well site to future home sites and the ability to complete the drilling now while the surrounding property is still vacartt, and because Staff is working to expedite the development of additional water supply for the City, Staff recommends that the Council provide direction to Staff to begin advertisement for bids for the drilling and development of Well 19, even though the final funding agreement has not been executed by the City and State. City Staff has coordinated with DFA and has prepared and submitted a letter outlining the preliminary project schedule and requesting the establishment of an eligible construction start date, after which all construction-related expenditures can be reimbursable. It is projected that this date will be established on or before March 2024 when Staff projects to make a contract award for Well 19 Drilling and Development.
REASON FOR RECOMMENDATION:
There are several reasons for Staffs recommendation:
1. The State has indicated that it intends to fund the project, subject to agreed-upon financial terms which have yet to be presented, but which are anticipated to be consistent with the typical requirements oftheir Drinking Water State Revolving Fund program;
2. The City is in need of additional water supply;
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201
3. Waiting for an approved funding agreement could delay the project by many months, potentially half a year;
4. Drilling the well in the near future would avoid some of the major noise and construction impacts associated with this work to the future homes in the Tract 6327 subdivision.
5. Based on prior experience, well drilling contractors are in very high demand and even if advertisement is completed in short order, it may be several months before a contractor is available to start on the work.
FISCAL IMPACT:
It is anticipated that the drilling and development phase of the project will cost approximately $900,000. If the funding agreement is ultimately approved, this amount would be reimbursed by grant and/or zero- interest loan proceeds. If the funding agreement is ultimately not approved, the City would have to fund this work from its local revenue sources.
ALTERNATIVES:
The City Council can elect not to provide the recommended direction and Staff will await the execution of the funding agreement from the State.
ACTIONS F'OLLOWING APPROVAL:
Staff will complete the bid documents and advertise the project for bids. Once bids are opened and the lowest responsive and responsible bidder is determined, Staff will bring an item back to the Council for award of contract. At that time, the decision on whether or not to award a contract will be at the sole discretion of the City Council.
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ATTACHME,NT 1
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203
AUTHORIZING RESOLUTION
RESOLUTION NO: 2022-89
WHEREAS The City of Sanger desires to apply fora funding application for a new waterwelt, now be it hereby ( i n se rt a ppropriate fi nd ings)
RESOLVED BY THE ctry couNcf L _- OF THE
(insert name of Governing Board of the Entity)
CITY OF SANGER (the "Entity"), AS FOLLOWS:
(inseft Entity name)
The CITY MANAGER (the "Authorized Representative') or designee is (inseft Title of Authorized Representative)
hereby authorized and direcled to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of CITY OF SANGER NEW WATER WELL PROJECT . (the "Project"). (insert Project Name)
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the SANGtrFI (]ITV fir)I INNII held
on NnvtrMFltrFt a tfirt
P. Ramirez, City Clerk
SEAL
204
REIM BU RSEMENT RESOLUTION
Resolution No. 2022-90
WHEREAS, the CITY OF SANGER (the'Agency') desires to ftnance the costs of (Agency Name)
conslrucling and/or reconstructing certain public facilities and improvements relating to its water system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Prolect with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources ControlBoard (State Water Board); and
WHEREAS, lhe State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and WHEREAS, priol to eilher the issuance of the Obligations or ihe approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures") wilh respect to the Project from available moneys of the Agency; and
WHEREAS, the Agency has determined that those moneys to be advanced on and afier the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from lhe proceeds of the Obligations.
NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDERAND DETERMINE AS FOLLOWS:
SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $1950,800.0Q_.
SECI ION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed Wth Project Funds.
SE9TION 4. Each Agency expenditure will be of a type properly chargeable to a capitalaccount under general federal income tax principles,
SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have beon made as a matter of course for the purpose of reimbursing expenditures and for which tax- exempt obligations have not been issued.
SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation
51.150-2 and any other regulations of the lnternal Revenue Service relating to the qualification for reimbursement of Project costs.
SECTIOI!-T. Allthe recitals in this Resolution are lrue and cprrect and this Agency so finds, determines and represents.
AYES: ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the SANNtrP eol lNen held on NOVEMB,FR Q.,2022 .
P. Ramirez, City Clerk
SEAL
205
ATTACHME,NT 2
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City of SANGER, California
rToo Seventh Street
Sanger, California gg6SZ
Gsg) 826-6goo
FA)( (ssq) 8zs-8ss6
November 16,2423
Attn: Marques Tamanaha
State Water Board
1001 I Street, 16h Floor
Sacramento, CA 95814
Project No. 1010029-002C - Sanger Well No. 19
Request for Establishment of Eligible Construction Start Date Dear Mr. Tamanaha,
The City of Sanger respectfully requests that an Eligible Construction Start Date be established for the construction of Well No. 19. As you are aware, the City is in need of additional water supply to meet its Maximum Day demands for current and future users, \Mile the funding agreement between the State Water Board and the City of Sanger is currently in process, it is our understanding that it will not be finalized for many more months. ln addition to the immediate need to bolster its water supply, there are other factors which necessitate the expediency of the well project development. One of these is that the well site is located within an active residential subdivision. While the area immediately adjacent to the well site property is currently vacant, the subdivision map for the surrounding phase of development is expected to be recorded in early 2A24 and it is expected that home construction willfollow very closely after. The City would prefer to have the well drilled before the surrounding homes are occupied, as the well drilling process can be very disruptive to nearby residents, given the needtor 24- hour operations once commenced and the associated construction noise that is generated.
Also, well drilling contractors are extremely impacted within the San Joaquin Valley and it is not atypical to get low bidder turnout or to see very protracted schedules from qualified drillers based on their existing workload. lt is important to get the process started and to get this work on the calendar of the eventual contractor.
As such, we would request that the project be authorized to start construction while the funding agreement is processed. We anticipate that the schedules for the two separate and remaining construction phases could follow the milestones as shown below. lf an Eligible Gonstruction Start Date could be established prior to March 2024, then it is anticipated that all construction expenditures would be eligible for funding underthe agreement.
RE:
Well Drillins & Development
o Authorization to Advertise
. Submission of Bid Docs to DFA and DDW
. Begin Advertisement
r Open Bids
r Award Contract
. Begin Construction
r CompleteConstruction
December 2023
December 2023
January 2023
February 2024
March2O24
May 2A24
August 2024
207
Well Eouioment and Slte lmprovementg
e Begin Advertisement
r Open Bids
. Award Contract
. Begin Construction
. CompleteConstruction
November 2024
December 2024
January 2025
March 2025
December 2025
On behalf of the City of Sanger, we thank you for your continued assistance on this important project. lf you have any questions, please don't hesitate to contact me at (559) 876-6300 x 1700 or the Project Engineer, Josh Rogers, at (559) 244-3123.
Sincerely,
Greg Garner
lnterim City Manager
208
To:
From:
Subject:
Attachments:
Fot the Meeting of: December07,2023
Agenda Item No.: T-s
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
Mayor and Council Members
Joaquin Zamora- Recreation Supervisor
Sanger Youth Council
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council support bringing back the Sanger Youth Council with adjustments to maximize the program from all perspectives. Adjustments would include converting terms to one-year terms to mitigate exhaustion of student members who are seniors approaching graduation, athletes with fluid schedules, and other students with ever changing responsibilities. The expansion of Sanger Unified School District's high school campuses has added another outlook to logistics, recruitment and meeting schedules that was not a matter before the hiatus. If Council authorizes pursuit of this, staff will work with the School District and prepare amendments to the current ordinance for Council consideration and approval.
EXECUTIVE SUMMARY:
Ln2020, the Recreation Division halted the Sanger Youth Council meetings as did the City with City Council meetings and School District with School Board meetings at the start of the pandemic. Both entities resumed their respective meetings except for the Sagner Youth Council. With expiring terms, loss of members, City Hall closed to the public, and hybrid schedule the school district adopted, it was a task to put on the program properly.
Ptepared by: Approved by:
REVIEW: Citv Manaser: Finance: City Attorney: _
TYPE OF ITEM:
{ x
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
209
BACKGROUND:
The City of Sanger and Sanger Unified School Disfict have jointly put on and supported the Sanger Youth Council. The Sanger Reueation Division and Sanger High school Activities Director have been the liaisons for the Sanger Youth Council members, respectively.
REASON FOR RECOMMENDATION:
To optimize current views and new dynamics into a previously popular program.
FISCAL IMPACT:
None.
ALTERNATIVES:
Do not look into adjustments that would keep program problematic.
ACTIONS FOLLOWING APPROVAL:
Upon approval, the program structure will be revisited to adapt to new District measures and align with City programs.
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210
For the Meeting of; December 7,2023
Agenda Item No.:
f -t"
CITY OF SANGER
RE,PORT TO THtr, CITY COUNCIL
To:
From:
Subject:
Attachment (s):
Mayor and City Council
Greg Garnerr lnterim City Manager
Measure S Renewal Beginning FY 2029
The Lew Edwards Group Draft Proposal
Exhibit A (Scope of Services)
Exhibit B (Compensation)
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
It is recommended that Council consider the Proposal to Provide Planning, Communications & Engagement Services for the City of Sanger's Long-Term Public Safety Vision from the Lew Edwards Group and authorize the Interim City Manager to negotiate an agreement for Council review and approval.
DISCUSSION:
During a Council meeting in May of this year, the Council was asked to review a recommendation by the Citizens Oversight Committee (COC) to renew Measure S special tax on the November 2024 General Election ballot at the same rate and to update the ordinance to allow voters to determine the duration of the measure.
Measure S was originally authorized in 2008 for at/o cent public safety sales tax with a ten-year term. Prior to the original expiration, and in 2016, the City renewed Measure S at the same rate and term. At this year's February CoC meeting, staff reviewed the history of Measure S as well as reviewing upcoming election dates for possible early renewal of the measure.
Prepared by: Greg Garner Apptoved by:
REVIEW: City Manager: Finance: Pc City Attorney:
TYPE OF ITEM
Consent
Infotmational Item
Action Item
Department Repott
X
COMMITTEE ACTION: APPROYED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Membet
Othet:
Continued to:
211
A proposed contract with the Lew Group would accomplish the following:
1 Provide Lead Project Coordination
2. Facilitate Opinion Research
3. Develop Strategic Plan, Recommend Public Engagement and Communications throughout the process, including Municipal Election information
4. Assist with Ballot Measure Development if viable to proceed
BACKGROUND
On the February 5, 2008 Primary ballot, the voters approved Measure S, a new 3/q cent sales tax for public safety pu{poses, for ten years expiring on June 30, 2018; it passed at7l.38o/o, exceeding the two-thirds (66.67%) requirement.
On the November 8th 2016 General ballot, the voters considered an early renewal of Measure S at the same rate and an additional ten years - it passed at76.22Yo and extended the measure to June 30,2028.
Upcoming elections in 2024 and 2026 represent an opportunity for the City to again consider renewing Measure S early. They also may represent an opportunity to expand the rate or eliminate the term, or both, such that if they fail the City would still have time for a status quo renewal.
Additionally, a newly proposed ballot measure may limit local agencies ability to pass such measures. This initiative, which qualified for the 2022 General election but was removed by its proponents, has now qualified for the November 2024 General Election. Limitations could include requiring all tax measures to be held at General elections, as well as other restrictions. *This would make the November 2026 General Election as the last opportunity to renew Measure S without any impact to the continuation of the measure.
DATE ESTIMATED COSTS PRO/CON
March 2024Primary
November 2024 Generul
March 2026Primary
November 2026 General*
March, 2028Pimary
$10,000
$5,000
$10,000
$5,000
$10,000
Allows for more tries/Cost and Too Soon
More Try, Cost and TimeA.{one
More Try/Cost and May Not Be Allowed
Cost/Might be Only & Final Try
None/Too Late or May Not Be Allowed
The COC considered two successful renewals as sufficient evidence to support updating the ordinance to allow voters the ability to determine the future of Measure S. They noted that the "sunset" clause was adopted to require accountability of the city on a new measure and provide atrial period and after twenty years, measure has proven its value, and the COC has proven that it can provide sufficient oversight in the long-term. They also noted that updating the ordinance would facilitate longer term planning vs one-time expenditures since the contingency of funding items without Measure S becomes less of a concem.
In 2015, the Council approved an agreement with the Lew Edwards Group, a professional ballot measure preparation and commurications services provider, it assist with the efforts to renew the Measure S Public Safety measure. The agreement contained a renewal option for future efforts to sustain the measure. Based on the Council's direction during the May meeting, meetings were held with representatives of the Lew Edwards Group, and a draft agreement was prepared for Council consideration. 212
REASON FOR RECOMMENDATION:
To secure Measure S until at least 2038, with the potential to secure the funding indefinitely, as well as to potentially increase the rate.
FISCAL IMPACT:
Funding for this one-time cost, not to exceed $108,750.00, would be from the City's fund balance 213
Proposal to Provide
Planning, Communications & Engagement
Services for the City of Sanger’s
Long-Term Public Safety Vision
November 26, 2023
214
Interim City Manager Greg Garner
City of Sanger
1700 Seventh Street
Sanger, CA 93657
Dear Interim City Manager Garner:
Thank you to you and Fire Chief Gre g Tarascou for reaching out to The Lew Edwards Group (LEG) for a potential third collaboration to support the City on its long term public safety vision . A third collaboration with LEG continues to provide the City of Sanger with the following:
✓ A nationally recognized, award -winning firm in public agency engagement and communications with a team representing California and your community’s diversity;
✓ A California leader in revenue ballot measures, having enacted over $42 Billion with a 95 % success rate for local governments and other public agencies , including 157 enacted sales tax measures; and
✓ A firm with extensive experience in Fresno County, including quarterbacking both of the City of Sanger ’s successful Public S afety measures ; enacting successful 2/3’s requirement measures for Fresno Chaffee Zoo, the Tulare County Council of Governments, and the cities of Clovis, Dinuba, Reedley, Sanger , and Selma; and a n enacted bond for State Center Community College District.
We are so excited and ready to jump in feet first to do this important work with you!
Warmly,
Co-Founder & Principal Consultant
510-594-0224 x 261
[email protected]
215
REFRESHER ON THE LEW EDWARDS GROUP
As the City is aware, The Lew Edwards G roup ( LEG) is a California lea der in providing st rategic communications, long -term planning, and revenue generat ion services to local governm ents throughout California. Our firm is now celebrating its 26th year as a company! Local government or public agency representation constitutes more than two-thirds of our practice, and we’ve represented over 300 public entities since our doors opened.
LEG functions as a Lead Co nsultant to our client cities. E xperts from LEG are frequently sought after tra iners and speakers for t he League of California Cities , California Municipal Tr easurers Association, California Soci ety of Municipal Finance Officers, Local Government Commis sion, Institute f or Lo cal Go vernments, Municipal Management Association , California Police Chiefs Association, and others. LEG’s direct m ail products have been recognized on multiple occasions in the prestigious national Pollie Awards.
LEG’s 2023 sales tax summary and recent cycle sheets are in the Appendix of this document. LEG closed 2022 with 66 enactments and wins. During the crisis COVID year in 2020, LEG tied its internal 2016 record of 68 enactmen ts and wins, which the City of Sanger was a part of that year . For a comprehensive list of clients, visit www.lewedwardsgroup.com.
KEY CONSIDERATIONS IN THE CURRENT ENVIRONMENT
External Dynamics Potentially Affecting the City’s Planning in 2024
It is yet unclear how severe pocketbook issues and voter fears over the economy will b e in 2024. If more financial institutions collapse or teeter, or more importantly—the cost of living continues to rise, affecting basic groceries and gas, the environment will shift downward.
As it is a Presidential Year, additional statewide and regional items on the ballot should be anticipated by the City. Any State or regional measures that also ask for money may affect the City’s planning, something to watch for in the coming months.
And of course, the Business Roundtable-sponsored Taxpayer Protection Act is currently on the 2024 docket. As the City is aware, it has qualified. If the re is a request the Roundtable is seeking in exchange for withdrawing their measure, as in two years past, that has yet to be determined. Further, as w e discussed if on the ballot it is anticipated that proponents will communicate extensively on paid digital to advance their message—if they persist in doing so as expected, it may very well create a polarizing environment for measures like yours in 2024.
216
Informational Techniques : With all mail ballot voting, more people are getting their information online. To be competitive, your District’s toolkit needs to include approaches that go far beyond just developing copy for the District’s website or simply boosting a Facebook post.
This being said, traditional online and USPS outreach are still essential components of a multi - disciplinary outreach program, particularly since these are avenues that older voters are more likely to visit. Of course, your Communications Toolkit will need to include all traditional social media platforms.
However, LEG is advising our clients to augment or expand their paid digital media reach and communications considering today’s multi -faceted communications. Specifically, LEG’s clients are micro-targeting at the community and vote propensity level , and we are over -laying audience targets onto the platforms and using static banners and short videos -- approaches which can be discussed further with your City Attorney.
City of Sanger Demographic Considerations
The City’s registration has grown by about 2,500 voters since LEG last represented you.
▪ Both Democratic and Republican registration has down ticked since 2016 o Democrats now constitute 47% of registration
o Republicans are at 25%
▪ The declines have resulted in a higher No Party Preference (NPP) slice since 2016 ▪ Latino registration has up ticked by 2 points and is now at 72%
RECOMMENDED PROJECT APPROACH
As the City will recall, LEG services can be summarized as follows:
1. Provide Lead Project Coordination
2. Facilitate Opinion Research
3. Develop Strategic Plan, Recommend Public Engagement and Communications throughout the process, including Municipal Election information
4. Assist with Ballot Measure Development if viable to proceed
Lead Project Services
As you know, LEG provides effective Lead Consultant services to i ts cities an d prides itself on a supportive, team building approach with consistent planning teleconferences with the City. With the input of all participants, LEG will devel op meeting agendas and facilitate sessions to suppo rt the timely deployment of key project activities.
217
LEG approaches its partnership with personal dedication, enthusiasm, and a commitment to excellent service, recognizing that our ultimate consumer is not only the City of Sanger, but most importantly, the constituents the City represents.
Facilitate the City’s Public Opinion Research
LEG recommends that the City conduct a Public Safety Priorities Study as soon as possible to gauge residents’ current attitudes towards fiscal issu es and the City’s management; identify current community police and fire priorities and the viability of a 2024 reauthorization; and identify effective information in communicating with constituents about your public safety vision.
Following c ompletion of the City’s research LEG will evaluate survey results , pr ovide strat egic analysis, and develop a recommended Communications/Engagement Plan and time table based on our firm’s review and interpretation of the data.
Public Engagement
LEG will assist the Cit y in developing copy for appropriate engagem ent and communications materials to deliver and saturate your informational message, including guest columns, copy for links on the City website, or a Power Point Presentation for informational Speakers’ Bureau, Stakeholder, Key Influential and community presentations. LEG will provide first drafts o f selected materials for review and approval by the City.
Project Communication Goals
1. Develop messages that effectively inform, solicit, and respond to questions from the public
2. Provide structure and effective communications outreach content to educate the p ublic about your public safety vision
3. Implement an earned (non-paid) media press strategy to highlight pertinent information
4. Use all other available vehicles, including direct mail and social and digital media/Internet- based communications platforms to inform and engage the public
Development of Informational Messages
Our project col laboration w ill have the goal of in forming the public and raising awareness of th e City’s public safety sustainability needs. “Message discipline” and a clear, concise focus are critical to our informational effort. LEG will draft and refine talking points for City staff’s use.
It is essential that the community be engaged, creating two-way and collaborative dialogue with your public. Otherwis e, “government” is s imply imposing its decisions on the community which is not effective.
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Examples of LEG’s previous Sanger communications approaches are included in the Appendix to this proposal. Please note however, that we are currently in a more con servative Fair Political Practices Commission (FPPC) environment, so co mmunications content and approach in 2023 /2024 will continue to evolve as well.
Direct Mail/Social Media/Digital Media
LEG recommends a c ommunications plan that will allow the City to ra ise awareness of Measure S execution and public safety needs beyond already-active s takeholders and key influent ials, to a broader public . LEG will draft text copy and p rovide samples for the City’s staff and vendors to design/print/mail for any materials specifically related to this project. As we discussed, d oing so i s often less expensive for o ur clients and supports any existing local vendor relationships our clients have.
In consul tation with City staff, LEG will also draft a nd/or refine in formational handouts, pres s releases a nd websi te copy, with ap propriate materials (charts, graphs, vis ual aids , etc.) to communicate messages and information. In addition, LEG will draft, review and/or refine supporting fact sheets, flyers, and ot her commu nications. Other communica tions vehicl es inclu de your Cit y website, social m edia (such as Facebook, Tw itter, Instagram, and o ther platforms ) and a Spe akers’ Bureau program.
LEG assists in drafting information or adding value for social media as part of our multi-disciplinary public outreach effort and advises our municipal clien ts on how to navigate ind ependent or third- party sites such as blogs or Nextdoor.
LEG clients augment or expand the ir digital media reach and communications considering today’s multi-faceted communications, which can be discussed further once we launch our collaboration.
As not ed, s elected sampl es from our 2016 collaboration are contained in the App endix to this proposal. LEG’s legally permissible in formational approache s have been retained by the City of Sanger through a given election period, including the period following the placement of a measure on the ballot.
Press Coverage
LEG will re view earned (non -paid) media press opportu nities with Ci ty staff. Ba lanced press coverage will b uild additional cons tituent engagem ent throughout th e process, which is cri tical to engaging community stakeholders and informing your public about your needs. While LEG does not function as a spokesperson, we can suppor t the Cit y’s communi cations efforts by developing additional collaterals such as project-related press releases, media backgrounders, talking and rapid response needs, as necessary.
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Ballot Measure Development
Should a potential reauthorization be viable, LEG will collaborate with the City Attorney and City staff on reauthorization measure structure and wording to address the public’s interests and priorities.
LEG will work c losely wi th the Sanger team to refi ne the reauthorization’s ballot question and develop other ball ot meas ure com ponents so t hat the y are understandable to the ave rage person .
This addresses specific documents such as t he measure ordinan ce, ballot ques tion, city resolution , and s taff r eport to ensure that al l voter handbook and related materials are understan dable t o the average person, not just lawyers.
PROFESSIONAL FEE
LEG’s 2023 professional rate for Lead Consulting Services is $ 6,500/month. Over a 12 -month term, this is a fee of $78, 000. Without exception and consistent with o ur past colla boration with the City , LEG does not invoice or bill on an hourly or time/materials basis. LEG’s fee does not include costs for any other project expenses such as graphic design, printing, o r mailing, which should be budgeted for separately by the City using your vendors.
Recommended Polling Partner
LEG continues to recommend the City’s long-term opinion res earch p rofessional, FM 3, to perfo rm polling related to the City’s reauthorization effort. FM3 was LEG’s partner in worki ng with the City of Sanger in assessing the feasibility of revenue measures in 20 08 and 2016 . Continuing the C ity’s previous collaboration with FM3 provides inval uable institutional knowledge to this project and the ability to more precisely “track” results for any 2024 consistencies or deviations.
A dual mode (phone and online) survey approximately 20 minutes long of up to 300 respondents will cost the City $30,750. This price includes conducting phone and online interviews in Spanish.
SAMPLE THUMBNAIL TIMELINE
On the following page is a sample timeline our current municipalities are using. It also help s you to visualize key activities and when they would fall.
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CITY OF SANGER
SAMPLE PROJECT TIMELINE As of 11/26/2023
DECEMBER 2023 LAUNCH PROJECT
❑ Retain consulting team (City)
❑ Review archival information
❑ Conduct public audit of City demographics, budget/policy information, public safety service delivery, Measure S spending, and media coverage
❑ Convene Team Kick Off Planning Meeting
❑ Begin drafting Community Survey
❑ Launch Survey interviews (pollster)
JANUARY 2024
ASSESS VIABILITY
❑ Analyze survey results and develop strategic recommendations ❑ Update staff and City Council
❑ Update project timeline as needed
❑ Develop Communications/Engagement Toolkit & Messaging Platform ❑ Develop Informational Speakers’ Bureau Toolkit
❑ Conduct Informational Message Training for City Staff ❑ Refine/update Opinion Leader database and organizational hit list (City)
❑ Contact Community Groups for presentations beginning in Feb (City) ❑ Monitor related statewide developments
FEBRUARY 2024
LAUNCH INITIAL COMMUNITY ENGAGEMENT EFFORTS
❑ Implement initial round of community presentations (City) ❑ Draft additional information Documents/Engagement Tools for use in routine City communications vehicles, such as Bill Stuffers, City newsletter copy, City website copy, and social media
recommendations
❑ Develop answers for initial community questions (Q&A) ❑ Assess initial community reactions, update toolkit as needed ❑ Monitor related statewide developments
MARCH-JUNE
2024
CONTINUE TO ENGAGE THE COMMUNITY, WITH FOCUS ON 24/25
BUDGET REVISE/UPDATE PROCESS
❑ Continue to implement community presentations as part of the City’s routine budget process (City)
❑ Copy write additional Opinion Leader updates related to the budget ❑ Continue to update City website and other communications vehicles (City) with updated informational budget process/engagement message points developed by LEG
❑ Continue to update answers for community questions
❑ Place Earned & Social Media
o Copy write information for such sources as Earned Media/New Media/Social Media opportunities
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APPENDIX on Following Pages
o Implement paid digital media
o Advise on Media Strategy
❑ Conceive two informational mailings to solicit input and report back to the community
❑ Place first tranche of paid digital media
❑ Monitor related statewide developments
JULY 2024 DEVELOP/PLACE BALLOT MEASURE
❑ Assist in preparing for Council adoption vote
o Media updates
o Community participation
o Measure S COC participation
❑ Council places measure on the ballot
❑ Address Rapid Response Needs as necessary
❑ Monitor related statewide developments
AUG 2024 DEVELOP MUNICIPAL ELECTION COMMUNICATIONS TOOLKIT ❑ Update City’s website and all communications vehicles with updated information prepared by LEG
❑ Issue final Opinion Leader Update prepared by LEG announcing placement of the reauthorization measure on the ballot
❑ Continue informational Speakers’ Bureau presentations (City) ❑ Implement Earned Media/Internet Communications
During this time, the City of Sanger can continue its factual, informational efforts following placement of a measure on the ballot but cannot engage in any partisan activities.
SEPT-NOV 2024 ❑ Draft media and social media information ❑ Issue three informational mailings
❑ Implement second tranche of paid digital media
❑ Address rapid response needs
❑ Continue Speakers Bureau Presentations (City)
❑ Provide two-way media comments
❑ Thank the community (City)
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LEW EDWARDS GROUP SALES TAX ENACTMENTS—157
City of Alhambra General Purpose Sales Tax
City of Arvin General Purpose Sales Tax
City of Arcadia General Purpose Sales Tax
City of Antioch General Purpose Sales Tax
City of Atwater Public Safety Sales Tax Renewal
City of Azusa General Purpose Sales Tax
City of Bakersfield General Purpose Sales Tax
City of Bellflower General Purpose Sales Tax
City of Belmont General Purpose Sales Tax
City of Benicia General Purpose Sales Tax
City of Burlingame General Purpose Sales Tax
City of Campbell General Purpose Sales Tax
City of Cathedral City General Purpose Sales Tax, then Renewal (2 Measures) City of Ceres Public Safety Sales Tax
City Chowchilla Public Safety Sales Tax
City of Clovis Public Safety Sales Tax
City of Concord General Purpose Sales Tax Enactment, Renewals, Increase (3) City of Corona General Purpose Sales Tax
City of Cotati General Purpose Sales Tax Enactment, Increase, Renewals (3) City of Daly City General Purpose Sales Tax
City of Dinuba Public Safety Sales Tax
City of East Palo Alto General Purpose Sales Tax
City of El Cerrito Streets/Roads Sales Tax
General Purpose Sales Tax Enactment, Increase, Renewal (3) City of Elk Grove General Purpose Sales Tax
City of Eureka General Purpose Sales Tax
City of Exeter General Purpose Sales Tax
City of Fairfield General Purpose Sales Tax
City of Fountain Valley General Purpose Sales Tax
County of Fresno Zoo Sales Tax Enactment, then Renewal (2 Measures) County Library Sales Tax Renewal
City of Galt Public Safety and General Purpose Sales Taxes (2 Measures) City of Garden Grove General Purpose Sales Tax
City of Gardena General Purpose Sales Tax
City of Grover Beach General Purpose Sales Tax
City of Hercules General Purpose Sales Tax, then Renewal (2 Measures) City of Hollister General Purpose Sales Tax Renewal
County of Humboldt General Purpose Sales Tax Enactment, then Renewal (2 Measures) City of Imperial Beach General Purpose Sales Tax
County of Imperial Streets/Roads Sales Tax
City of Indio General Purpose Sales Taxes (2 Measures) 223
City of Inglewood General Purpose Sales Tax
County of Kern General Purpose Sales Tax
City of La Habra General Purpose Sales Tax
City of La Mesa General Purpose Sales Tax
City of La Mirada General Purpose Sales Tax
City of La Palma General Purpose Sales Tax
City of Lake Elsinore General Purpose Sales Tax
City of Lakeport General Purpose Sales Tax
City of Lakewood General Purpose Sales Tax
City of Larkspur General Purpose Sales Tax Enactment General Purpose Sales Tax Increases and Renewals (3 Measures) City of Lathrop General Purpose Sales Tax
City of Lawndale General Purpose Sales Tax
City of Los Banos Public Safety and General Purpose Sales Taxes (2 Measures) Public Safety Measure Renewals (2 Measures)
City of Manteca Public Safety Sales Tax
City of Marina General Purpose Sales Tax Renewal
City of Martinez General Purpose Sales Tax
City of Menifee General Purpose Sales Tax
Town of Moraga General Purpose Sales Tax
City of Moreno Valley General Purpose Sales Tax
City of Morro Bay General Purpose Sales Taxes (2 Measures) City of National City General Purpose Sales Tax Renewal County of Nevada Library Sales Tax Renewal
City of Novato General Purpose Sales Tax, then Renewal (2 Measures) City of Oxnard General Purpose Sales Tax
City of Pacifica General Purpose Sales Tax
City of Palm Springs General Purpose Sales Tax
City of Pasadena General Purpose Sales Tax
City of Petaluma General Purpose Sales Tax
City of Pinole General Purpose Sales Tax
City of Paso Robles General Purpose Sales Tax City of Placentia General Purpose Sales Tax
City of Pleasant Hill General Purpose Sales Tax
City of Port Hueneme General Purpose Sales Tax
City of Porterville Public Safety and General Purpose Sales Taxes (2 Measures) City of Rancho Cordova General Purpose Sales Taxes (2 Measures) City of Reedley Public Safety Sales Tax
City of Ridgecrest General Purpose Sales Tax Enactments (2 measures) General Purpose Sales Tax Increase, then Renewal
City of Rohnert Park General Purpose Sales Tax Increase, then Renewal (2 Measures) City of Roseville General Purpose Sales Tax
City of San Bruno General Purpose Sales Tax
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City of San Jose General Purpose Sales Tax
City of San Leandro General Purpose Sales Tax Enactment and Increase/Renewal (2) City of San Luis Obispo General Purpose Sales Taxes (2 Measures) City of San Mateo General Purpose Sales Tax Renewal
City of Sanger Public Safety Sales Tax, then Renewal (2 Measures) County of Santa Cruz Library Sales Tax Renewal
City of Santa Maria General Purpose Sales Tax Enactment, then Increase/Renewal (2) City of Santa Rosa General Purpose Sales Tax Renewal City of Sausalito General Purpose Sales Tax
City of Seaside General Purpose Sales Tax, then Increase/Renewal (2 Measures) City of Selma Public Safety Sales Tax
City of St. Helena General Purpose Sales Tax
County of Sonoma Library Sales Tax
City of Signal Hill General Purpose Sales Tax
City of Solana Beach General Purpose Sales Tax
City of Solvang General Purpose Sales Tax
City of South Gate General Purpose Sales Tax
City of South Lake Tahoe General Purpose Sales Tax
City of South San Francisco General Purpose Sales Tax
City of Stanton General Purpose Sales Tax
City of Stockton Public Safety and Library Sales Taxes (2 Measures) City of Suisun City General Purpose Sales Tax
City of Taft General Purpose Sales Tax
City of Tehachapi General Purpose Sales Tax City of Temecula General Purpose Sales Tax
City of Tracy General Purpose Sales Tax es (2 Measures) County of Tulare Streets/Roads Sales Tax
City of Turlock General Purpose Sales Tax
City of Union City General Purpose Sales Tax Renewal City of Vallejo General Purpose Sales Taxes (2 Measures) City of Visalia Public Safety and General Purpose Sales Taxes (2 Measures) City of Vista General Purpose Sales Tax
City of Wasco General Purpose Sales Tax
City of West Hollywood General Purpose Sales Tax
City of Westminster General Purpose Sales Tax, then Renewal (2 Measures) City of Wheatland General Purpose Sales Tax
City of Wildomar General Purpose Sales Tax
County of Yuba General Purpose Sales Tax
Town of Yucca Valley General Purpose and Special Purpose Sales Taxes (2 Measures)
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SELECTED MAIL/DIGITAL SAMPLES
(Note FPPC environment continues to evolve, affecting among other issues the style/content/timing and degree of permissible communications. The following samples were appropriate for previous cycles and may or may not be in 2024.)
Selected Paid Digital Banners
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FOR IMMEDIATE RELEASE CONTACT: Catherine Lew, Esq.
December 30, 2022 Co-Founder (510) 594-0224 x 261
LEW EDWARDS GROUP CLOSES 2022
with 66 WINS & ENACTMENTS (List Highlights)
Cerritos College
General Obligation Bond Yes on CC
$425 Million SUCCESSFUL Rialto Unified School District
General Obligation Bond Yes on A
$340 Million SUCCESSFUL
Oakland Education Association
OUSD Trustee Valarie Bachelor ELECTED
OUSD Trustee Jennifer Brouhard ELECTED
United Educators of San Francisco
Commissioner Lisa Ward ELECTED
Commissioner Alida Fisher ELECTED
Liz Ortega ELECTED California Assembly
Diane Papan ELECTED California Assembly
Melissa Hernandez RE-ELECTED
Mayor of Dublin
Richard Valle RE-ELECTED Alameda County Supervisor
Kern County
1 Cent Sales Tax (unincorporated only)
Raises $54 Million annually ENACTED
Humboldt County
Transient Occupancy Tax ENACTED
Abandoned Vehicle Tax ENACTED
City of Palo Alto
New Business License Tax ENACTED
Utilities Transfer/General Fund ENACTED
Raises/protects $7 Million annually
Placer County
Transient Occupancy Tax Renewal
Protects $4 Million Annually ENACTED
City of Santa Clara
Business License Tax Update ENACTED
Utilities Transfer/General Fund ENACTED
Raises/protects $39 Million annually
City of Elk Grove/Cosumnes CSD
1 cent sales tax
Raises $21.3 Million annually ENACTED
Nikki Fortunato Bas RE-ELECTED
Oakland City Council President
Hank Levy RE-ELECTED Alameda County Treasurer
Julia Mates ELECTED Mayor of Belmont
Lisa Diaz Nash ELECTED
San Mateo City Council
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Ed Hernandez ELECTED Eden Healthcare District
Alameda Firefighters
Mayor Marilyn Ezzy-Ashcraft RE-ELECTED
Councilmember Tracy Jensen ELECTED
California Teachers Association
Contra Costa County Board of Education
Trustee Sarah Butler RE-ELECTED
Napa – Solano Labor/Working Families PAC
Various County & Local Officials ELECTED
Oakland Unified School District Yes on H
Renews College Career for All Parcel Tax
Protects $11.5 Million annually SUCCESSFUL
City of Atwater
Public Safety Sales Tax Renewal
Protects $4 Million annually ENACTED
Sac Kids First Coalition Yes on L
Establishes Children’s Fund (GF Set-Aside)
Dedicates $10+ Million annually SUCCESSFUL
City of Pacifica
½ cent Local Sales Tax
Raises $2.6 Million annually ENACTED
Little Lake City School District
General Obligation Bond
$36 Million ENACTED City of Solana Beach
1 cent Local Sales Tax
Raises $3 Million annually ENACTED
City of Solvang
1 Cent Local Sales Tax
Raises $1.6 Million annually ENACTED
City of Belmont
Transient Occupancy Tax Increase
Raises $600,000 annually ENACTED
City of Ridgecrest
1 Cent Local Sales Tax
Raises $5.9 Million annually ENACTED
City of Galt
1 Cent Local Sales Tax
Raises $3.6 Million annually ENACTED
City of Tulare
Cannabis Tax ENACTED
City of South Lake Tahoe
Cannabis Tax Measure
Raises $950,000 annually ENACTED
City of Hercules
Utility Users Tax Renewal
Protects $3.6 Million/year ENACTED
City of Larkspur
Additional 1/4 Cent Local Sales Tax
Raises $700,000 annually ENACTED
City of Tehachapi
1 Cent Local Sales Tax
Raises $4 Million annually ENACTED
City of Imperial Beach
Transient Occupancy Tax Increase
Raises $400,000 annually ENACTED
City of Hermosa Beach
Cannabis Industry Initiative DEFEATED
Cannabis Tax ENACTED
City of Yucca Valley
Transient Occupancy Tax Increase
Raises $1.3 Million annually ENACTED
City of Millbrae
Transient Occupancy Tax Increase
Raises $1.5 Million annually ENACTED
City of Roseville
Transient Occupancy Tax Increase
Raises $3 Million annually ENACTED
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City of Tracy
Business License Tax Modernization
Raises $3.2 Million annually ENACTED
SELECTED 2021
WINS & ENACTMENTS
Mialisa Bonta ELECTED
California Assembly Special Elections
City of Eastvale
Gann Limit Measure ENACTED
City of Moreno Valley
1 Cent Local Sales Tax
Raises $20 Million annually ENACTED
City of Vallejo
7/8 Cent Local Sales Tax
Raises $18 Million annually ENACTED
City of Cathedral City
Short-Term Vacation Rental Ord. ENACTED
City of Indio
1 Cent Local Sales Tax Renewal
Raises $26 Million annually ENACTED
City of Riverside
Affirmation of Utilities/General Fund Transfer
Protects $40 Million annually ENACTED
City of Taft
1 Cent Local Sales Tax
Raises $1.6 Million annually ENACTED
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FOR IMMEDIATE RELEASE CONTACT: Catherine Lew, Esq.
November 24, 2020 Co-Founder (510) 594-0224 x 261
IN PANDEMIC YEAR, LEW EDWARDS GROUP
CLOSES 2020 WITH 68 WINS, TYING 2016 RECORD
(List Highlights)
Foothill – De Anza Community College Dist.
General Obligation Bond Yes on G
$898 Million SUCCESSFUL Citrus College
General Obligation Bond Yes on Y
$298 Million SUCCESSFUL
Oakland Education Association
OUSD Trustee Sam Davis ELECTED
OUSD Trustee VanCedric Williams ELECTED
OUSD Trustee Mike Hutchinson ELECTED
California Teachers Association
Multiple winning County and local School Board races
and school parcel tax measures SUCCESSFUL
Lily Mei RE- ELECTED Mayor of Fremont
Wendy Root Askew ELECTED
Monterey County Supervisor
Melissa Hernandez ELECTED
Mayor of Dublin
City of San Luis Obispo
Tripled Local Sales Tax to 1.5 cents
Raises $21.6 Million annually SUCCESSFUL
Emery Unified School District
Additional 12 cents/sq.ft Parcel Tax
Raises $1.8 Million annually SUCCESSFUL
City of Oxnard
Additional 1.5 Cent Local Sales Tax
Raises $40 Million annually SUCCESSFUL
City of Newark
Utility Users Tax Renewal
Protects $2.75 Million annually SUCCESSFUL
Alameda County Fire Department
General Obligation Bond
$90 Million SUCCESSFUL
City of San Bruno
Transient Occupancy Tax SUCCESSFUL
Cannabis Business Tax Update SUCCESSFUL
City of Concord
Doubled Local Sales Tax to one cent
Raises $27 Million annually SUCCESSFUL
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