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.
AGENDA
SANGER CITY COUNCIL
REGULAR MEETING
THURSDAY, MARCH 7, 2024
6:00 PM
COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
This meeting will be available for public viewing and participation through Zoom.
Weblink: https://us02web.zoom.us/j/83328876416
Telephone number: 1-669-900-9128
Meeting ID: 833 2887 6416
Public comment will be accepted in person, via Zoom, and by email at [email protected] Prior to action by the Council on any item on this agenda, the public may comment on that item.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party ’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS
1. Swearing-in ceremony for City Manager Nathan Olson.
1 City Council Agenda
March 7, 2024
The City Council will call a recess for a meet and greet with City Manager Olson.
E. CEREMONIAL MATTERS
1. Women’s History Month Proclamation.
Note: The following item will commence no sooner than 6:30 PM.
F. PUBLIC HEARING
1. SUBJECT: Public Hearing No.5 for Updating of City Council District Boundaries As a Result of Annexation of Property.
RECOMMENDATION: That the City Council conduct Public Hearing No. 5 to receive a report from staff on the draft map of City Council District Boundaries as a result of Annexation of Property and to receive public input and accept the Proposed Map Adding Territory to Council District 1.
G. PRESENTA TIONS
1. Sanger Chamber of Commerce Report to the Council.
H. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish desiring 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.)
I. 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: Minutes of the Regular Meeting held on February 1, 2024, and the Special and Regular Meetings held on February 15, 2024.
RECOMMENDATION: That the City Council approve.
2. SUBJECT: Final Acceptance for FY 21/22 Local Street Improvements Project.
RECOMMENDATION: That the City Council:
1. Accept the work for the FY 21/22 Local Street Improvements Project in the amount of $1,056,812.18;
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5% retention in the amount of $52,840.61 to AJ Excavation, Inc. upon expiration of the 35-day lien period.
2 City Council Agenda
March 7, 2024
3. SUBJECT: Final Acceptance for K Street and Almond Avenue Reconstruction Project.
RECOMMENDATION: That the City Council:
1. Accept the work for the K Street and Almond Avenue Reconstruction Project in the amount of $535,352.44;
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5% retention in the amount of $26,767.62 to AJ Excavation, Inc. upon expiration of the 35-day lien period.
4. SUBJECT: Report on the Sanger Fire Department’s Compliance with SB1205 and California Health and Safety Code Section 13146.4.
RECOMMENDATION: That the City Council approve Resolution No. 2024-08 acknowledging acceptance of a report on the Sanger Fire Department ’s compliance with SB1205 and California Health and Safety Code Section 13146.4 for Calendar Year 2023.
5. SUBJECT: Services for Firearm Destruction.
RECOMMENDATION: That the City Council approve agreement with LSC Destruction, LLC, for the removal and destruction of firearms and authorize the City Manager to execute the agreement on behalf of the City.
6. SUBJECT: Agreement with Fresno City College for Instructional Services.
RECOMMENDATION: That the City Council approve the renewal contract with Fresno City College for the purposes of instructional services reimbursement, delegate to the Sanger Fire Department the authority to be the named Party on the Contract, and authorize the City Manager to sign the contract on behalf of the City.
7. SUBJECT: Agreement for Services with Fresno County.
RECOMMENDATION: That the City Council approve three agreements with Fresno County, (i) for the Processing of Prisoners, (ii) for Police Protection Services, and (iii) for Law Enforcement Investigative Services; delegate to Sanger Police Department the authority to enter the agreements; and authorize the Police Chief to execute.
J. DEPARTMENT REPORTS
1. SUBJECT: Consultant Services Agreement with LDA Partners, Inc.
RECOMMENDATION: That the City Council approve the Consultant Services Agreement with LDA Partners, Inc. for design, architectural and engineering services for the creation of a Police Communications Center for the Sanger Police Department.
2. SUBJECT: Rules of Procedure for Conducting City Council Meetings.
RECOMMENDATION: That the City Council adopt Resolution No. 2024-09 establishing Rules of Procedure for Conducting City Council Meetings.
3 City Council Agenda
March 7, 2024
3. SUBJECT: Women’s History Month Event Budget.
RECOMMENDATION: That the City Council approve the request for a budget transfer of $500 from salary savings within the City Manager department budget to the City Council department budget or direct staff to identify another funding source within the budget, and authorize staff to include an additional allocation in the ongoing FY 2024-2025 operating budget.
4. SUBJECT: Reimbursement of Council Member Travel Expenses.
RECOMMENDATION: That the City Council consider (1) whether to reimburse $694.28 to Council Member Hurtado for travel expenses paid out-of-pocket for official City business in Fiscal Year 2022, and (2) whether to direct staff to return with formal budget policy for travel by Council Members.
K. CITY MANAGER/STAFF COMMUNICATION
L. MATTERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Councilmembers to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)
M. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 1st day of March 2024.
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 Cl erk 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 mee ting 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 A V AILABILITY OF AGENDA DOCUMENTS. Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, S anger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.
4 Proclamatton
e'
NATIONAL WOMEN'S HISTORY MONTH
March 2024
WHEREAS, American women of every face, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecordedways; and
WHEREAS, American women have played and continue to play critical economic, cultural, and social role in every sphere of the lfe of the Nation by constituting a signi/icant portion of the labor force working inside and outside of the home; and IYHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer laborforce of the Nation; and IryHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and ItrHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and IhHEREAS, Am.ericanwomen have served our country courageously in the military; and WHEREAS, Americanwomen have been leaders, not only in securing their own rights of sffiage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just societyfor all; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history.
NOlry, THEREFORE BE IT RESOLVED, that the Sanger City Council hereby proclaim March as "National Women's History Month" in the City of Sanger.
Dated this 7k day of March 2024
FronkGonzalez, Mayor
E-1
5 Prepared by: Approved by:
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent
Informational Item
X Action Item
Department Report
X Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: March 7, 2024
Agenda Item No.: F-1
CITY OF SANGER
REPORT TO THE CITY COUNCIL
TO: MAYOR AND COUNCILMEMBERS
FROM: Becky Padron, City Clerk/Deputy Personnel Officer SUBJECT: Public Hearing No.5 for Updating City Council District Boundaries As a Result of Annexation of Property
Attachments: A. Map Depicting Council Districts and Annexed Territory B. Map Depicting Proposed Map Adding Territory to Council District 1
RECOMMENDATION:
That the City Council conduct Public Hearing No. 5 to receive a report from staff on the draft map of City Council District Boundaries as a result of Annexation of Property and to receive public input and accept the Proposed Map Adding Territory to Council District 1.
EXECUTIVE SUMMARY:
The public hearing has been scheduled to provide the City Council with a report on the districting process for property annexed into the City and the permissible criteria to be considered to modify district boundaries as well as to conduct a public hearing and receive public input. Staff is requesting approval of the Proposed Map adding territory to Council District 1.
BACKGROUND:
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 is called redistricting and was completed in April 2022 with the adoption Ordinance No. 2022-03 which redrew district boundaries using the 2020 census data and in compliance with the FAIR MAPS Act (“Act”).
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 area is primarily vacant agricultural land. The Cou ncil District Boundary Maps 6 need to be modified to incorporate the annexed territory. Attached is a map depicting the annexed area and nearest Council district. Attachment A reflects the current Council Districts and annexed territory.
At this Public He aring, the Council will consider the draft map which includes the boundary modifications to Council District 1inclusive of the annexed property. See Attachment B which was presented at Public Hearing Nos. 3 and 4. Council is asked to accept the proposed map to add annexed territory to Council District 1.
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. Section 21603 (a) states: “ 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.”
Since the law mandates where the City must place the ne w territory, it does not make much sense to have hearings. However, after considerable analysis, it was determined that the Elections Code procedures for four public hearings appl ied even if a City is simply adding the annexed territory to an existing di strict without changing any other districts. The express language requiring the multiple hearing process has been repealed. Elections Code Section 21607 which expressly required the same process as for the decennial redistricting has been repealed. The City commenced the redistricting process under the prior process and will complete it. See Elections Code Section 21150.
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 has held five public hearings that enabled community members to provide input on the drawing of district maps. By separate action, the Council will introduce an ordinance establishing modified voting boundaries and adopt the ordinance at the subsequent regular meeting.
REASON FOR RECOMMENDATION:
To comply with state law which requires that Council districts be redrawn to account for annexed territory.
FISCAL IMPACT:
There is no fiscal impact to modifying 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 territory may vote in City elections or be eligible to run as candidates to the adjoining district.
ACTIONS FOLLOWING APPROVAL:
The Council will introduce and adopt an ordinance amending the district boundaries at subsequent meetings. The City Clerk will submit the information to the Fresno County Elections Office. 7 8
9 Minutes of a Regular Meeting of the Sanger City Council THURSDAY , FEBRUARY 1, 2024
6:00 PM
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
A. CALL TO ORDER
The Council called their meeting to order at 6:08 PM.
Mayor Gonzalez stated that today’s meeting is also being conducted by Zoom.
B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Frank Gonzalez.
Roll Call
Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
Absent: None
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
The Council by motion of Council Member Montelongo approved the agenda as presented. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. PUBLIC HEARING – 6:15 PM
1. SUBJECT: NO COUNCIL ACTION REQUIRED - Public Hearing No.3 for Updating of City Council District Boundaries As a Result of Annexation of Property.
The City Council conducted Public Hearing No. 3 to receive a report from staff on the draft map of City Council District Boundaries as a result of Annexation of Property and to receive public input.
The City Council held a public hearing at 6:15 PM to receive a report from staff on the draft map of City Council District Boundaries as a result of Annexation of Property and to receive public input.
In the absence of the City Clerk, City Attorney Hilda Cantu Montoy presented on the item, noting this was Public Hearing No. 3 that started last December.
I-1
10 City Council Minutes
February 1, 2024
Public Comment:
None.
The Council closed the public hearing at 6:20 PM.
E. PUBLIC FORUM
Unidentified audience member said that at the last meeting a comment was made by a council member about awarding Councilwoman Hurtado travel expenses that she paid. What is the process, will the information be in the minutes and how long does it take for the Council to award her the money?
Osvaldo Vera said that he met the new City Manager and he is the right person for the job and thanked the audience members from Lemoore.
David Santos from Senator Caballero’s office, thanked Mayor Gonzalez and Mayor Pro Tem Martinez for attending the Senator’s open house. He also thanked Corina Tamez for providing Sanger display items for the event. If the Senator can be of any service, to let him know; Ms. Tamez has the contact information.
Unidentified audience member said he missed the last meeting. He said that before welcoming the new City Manager and the Police Chief resigns, the Council should take care of items that were brought up before. He asked about the following: 1.) traffic cameras; 2.) signage at the entrances of town honoring Tom Flores; 3.) the Fire Department was anxious to get money and the item should have been tabled and that the “Taj Majal” should have been built by now, and has cost $2 million more and asked for an update; 4.) previously asked for reasons for expenditures on some bills; 5.) had previously asked for the October 19 minutes and video, but no response and items are not posted.
Kevin Carter said that the recent Budget Workshops were valuable and educational. He said that the responses that the department heads gave the attendees was good information.
F. CONSENT CALENDAR
Acting City Manager Greg Tarascou pulled items F-3 and F-4.
The City Council by motion of Council Member Hurtado approved the following items on the Consent Calendar:
1. SUBJECT: APPROVED - Minutes of the Special and Regular Meetings held on January 18, 2024.
2. SUBJECT: APPROVED - Final Acceptance for Well No. 22 Drilling & Development The City Council:
1- Accepted the work for the Well No. 22 Drilling and Development in the amount of $937,414.00; and
2- Authorized recordation of the Notice of Completion with the Fresno County Recorder; and
3- Authorized payment of 5% retention in the amount of $46,870.70 to Zim Industries upon expiration of the 35-day lien period.
11 City Council Minutes
February 1, 2024
The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
3. SUBJECT: APPROVED - Agreement between City of Sanger and Merced Community College District.
Acting City Manager Greg Tarascou presented on the item, noting that the effective date of the agreement is February 15, 2024.
Public comment:
None.
The City Council by motion of Councilmember Hurtado, approved the agreement between the City of Sanger and Merced Community College District for the training and clinical preceptorship of Emergency Medical Technician and Paramedic students at the Fire Department and authorize the Interim City Manager to sign the documents on behalf of the City. The motion was seconded by Councilmember Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
4. SUBJECT: APPROVED - Approval of License Agreement with DR Horton CA 3, Inc.
For North and Greenwood Sewer Lift Station Reconstruction Project.
City Engineer Josh Rogers presented on the item. He said Item F-4 was pulled because the attorney had made minor changes to the license agreement after the agenda was published.
Public Comment:
None.
The City Council by motion of Councilmember Montelongo, approved the License Agreement with DR Horton CA 3, Inc., authorizing temporary use of three future subdivision lots within Tract 6327 for construction activities associated with the City’s capital project to reconstruct the North and Greenwood Sewer Lift Station, and to authorize the City Manager to sign on behalf of the City. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
12 City Council Minutes
February 1, 2024
G. DEPARTMENT REPORTS
1. SUBJECT: APPROVED - City Manager Appointment and Employment Agreement.
City Attorney Hilda Montoy presented on the item, noting that Mayor Gonzalez would read the language on pages 54 and 55, noting a correction on page 55 under Severance to read: Six Nine months’ salary and health benefits if termination occurs in the third year of the Agreement.
Public comment:
Unidentified audience member – Asked if the numbers in the contract were for the initial hire and not including longevity, and, if that information was left out intentionally? He said that he would like to have had the residents to be part of the hiring committee. He hopes that the council will allow the new city manager some time with the citizens to introduce themselves and get to know him. He said that his original question was about vacation.
With respect to the citizen’s question, City Attorney Hilda Montoy said all the details of the City Manager agreement, including vacation, are included in the published staff report.
Osvaldo Vera, community activist, said that it was about time we have a good city manager and that it was long overdue.
Michele Spear, former Assistant City Manager for the City of Lemoore, said she was speaking on behalf of Nathan. She stated that she understood that changes are difficult and that things would change but for the better, noting that Nathan is an amazing man who cares about the community and staff. She wanted to let people know they are getting a good man.
The City Council by motion of Councilmember Montelongo adopted Resolution No. 2023-04 Approving an Employment Agreement with Nathan Olson to serve as City Manager for the City of Sanger. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Nathan Olson thanked his Lemoore family for attending today’s meeting and thanked staff for introducing themselves before the meeting. He also thanked the Council and the City Attorney. He said that he is looking forward to building a team in Sanger.
1. SUBJECT: APPROVED - Accept Grant Funds from the San Joaquin Valley Air Pollution Control District and approve the purchase of a New Alternative Fuel Vehicle for Public Works.
Mayor Pro Tem Martinez recused himself at 6:32 PM, noting that he was an employee of San Joaquin Valley Air Pollution Control District.
Public Works Director John Mulligan presented on the item.
13 City Council Minutes
February 1, 2024
Public comment:
None.
The Council by motion of Councilmember Montelongo, (1) accepted grant funds from San Joaquin Valley Air Pollution Control District (“SJV APCD”); (2) adopted Resolution No. 2024-03 for a budget adjustment to the FY23/24 Budget to record the receipt and appropriation of $20,000 from SJV APCD; and (3) authorized the purchase of a new Tuatara UTV 1500E alternative fuel vehicle in the amount not to exceed $35,100. The motion was seconded by Councilmember Hurtado and approved by the following vote:
AYES: GONZALEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN (RECUSAL): MARTINEZ
ABSENT: NONE
Mayor Pro Tem Martinez rejoined the meeting at 6:54 PM.
B. CITY MANAGER/STAFF COMMUNICATION
Acting City Manager Greg Tarascou provided an update on the Fire Department. He said the Fire administration is moving next week to an office space across the street from the American Legion building and construction is starting April 1, 2024. The move will be announced in social media and in the water bill.
C. MATTERS INITIATED BY CITY COUNCIL MEMBERS
Mayor Pro Tem Martinez
1. He and Mayor Gonzalez recently attended Senator Caballero’s open house. He said that with Corina’s help, graphics were provided for the event. He also said that the Senator’s office has murals of the communities that she represents and that Sanger is prominently displayed.
He thanked Mr. Santos for attending tonight’s meeting.
Councilmember Hurtado
1. Requested and received consensus to provide ceremonial recognition to Gong’s Market, either at the business or at the Council Chamber.
2. Had a meeting with Public Works Director John Mulligan today, stating that the water slide at the community center needs repairs. She requested and received consensus to explore funding options for the water slide repairs.
3. She met with Congressman Costa last week to discuss the waste water treatment plant, reiterating the dire need for a new plant and facility. She requested and received consensus to request funding from Congressman Costa and Senator Caballero’s offices when their budgets open up at the state and federal level.
Councilmember Montelongo
1. During the public comment a gentleman asked about 1.) the Fire Department remodel. At the last council meeting under item F-5 the Fire Department provided a monthly report that included an update on the remodel. 2.) Regarding Almond and Bethel that had a payroll for work done, it was acknowledged at the last meeting that signal lights were going up soon. 14 City Council Minutes
February 1, 2024
2. Regarding the water tower, he requested that staff provide information as to what telecommunications networks are on the tower. He said he would bring up why at the next meeting.
Councilmember Melendes
1. With all the storms coming up, she thanked John Mulligan for the Public Works department keeping our streets clean.
Mayor Gonzalez
1. Thanked Corina for providing Senator Caballero’s office with City items for their recent event.
2. Regarding the Tom Flores signage at the town’s entrances, he said they are working with the NFL Hall of Fame committee to get permission to use the NFL logo on the signage.
3. He provided an update on the recent funding from COG, which total about $5 million:
a. Surface Transportation Block Grant program – Sanger was approved for three applications: Greenwood and Jensen Ave. intersection improvements, Bethel rehabilitation and Annadale Ave.; Central Ave. between Academy and Newmark for rehab.
b. Congestion Mitigation Air Funding –Sanger received money for residential alley paving. c. Carbon Reduction Program - Approval for Academy, Jensen, and Greenwood bike routes.
J. ADJOURNMENT
Being no further business, the Council adjourned their meeting at 8:08 PM.
ATTEST:
________________________________
Corina Tamez, Deputy City Clerk
15 THURSDAY, FEBRUARY 15 , 2024
5:30 PM
COUNCIL CHAMBER
1700 7th Street
Sanger, CA 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 5:33 PM.
B. ROLL CALL
Present: Mayor Frank Gonzalez, Council Member Michael Montelongo, Council Member Dolores Melendez
Absent: Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado
C. AGENDA APPROVAL
The Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ, HURTADO
D. PUBLIC FORUM
None.
E. CLOSED SESSION
The Council adjourned to Closed Session at 5:34 PM.
1. Pursuant to Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
a. Property: APN 332-140-04 & 05
Agency Negotiator: Interim City Manager and City Engineer Negotiating Parties: Aaron G. and Carolina Garcia
Under Negotiation: Price and Terms
b. Property: APN 332-140-03 & 27
Agency Negotiator: Interim City Manager and City Engineer Negotiating Parties: Onofre and Martha Romero
Under Negotiation: Price and Terms
Minutes of a Special Meeting of the Sanger City Council
16 City Council Special Meeting Minutes
February 15, 2024
Council Member Hurtado arrived at approximately 5:15 PM and joined the Council in Closed Session.
The Council reconvened their Special meeting at 6:10 PM.
F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Hilda Montoy announced Mayor Pro Tem was absent and no reportable action was taken in Closed Session.
G. ADJOURNMENT
Being no further business, the Council adjourned their Special Meeting at 6:10 PM.
ATTEST:
Rebeca Padron, City Clerk
17 Minutes of a Regular Meeting of the Sanger City Council
THURSDAY, FEBRUARY 15, 2024
6:00 P.M.
COUNCIL CHAMBER
1700th Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:10 PM.
B. OPENING CEREMONIES
The invocation was offered by Pastor Jessica Guerra.
The flag salute was led by Mayor Frank Gonzalez.
Roll Call
Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
C. AGENDA AP
PROVAL, ADDITIONS AND/OR DELETIONS
The Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Council Member Hurtado and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. PUBLIC HEARING
Public Hearing No. 4 regarding the updating of City Council district boundaries as a result of annexation of property was held at 6:15 PM.
1. SUBJECT: P
ublic Hearing No.4 for Updating of City Council District Boundaries As a Result of Annexation of Property.
18 City Council Regular Meeting Minutes
February 15, 2024
Public comment:
None.
The Council closed the public hearing.
E. P
RESENTATIONS
1. The CrisCom Company Report to the Council.
Renee Missakian, Executive Vice President/COO of The CrisCom Company, presented their report to the Council.
2. Mid Valley Disposal Report to the Council and Recycler of the Year Presentation to Dutch Bros.
Billie Hansen, Recycling Programs Manager for Mid Valley Disposal, presented their report to the Council and awarded Dutch Bros. the Recycler of the Year Award.
F. P
UBLIC FORUM
Unidentified audience member thanked The CrisCom Company, Set Free Church and Mid Valley Disposal for their contributions to the City, reminded the Council of their direction to recognize Gong’s Market for their many years in business, and requested an update on the Tom Flores banners.
Unidentified audience member thanked Staff for cleaning the alley and asked that JFK Park be cleaned as well because there is a lot of standing water.
Jacob with Set Free Church, thanked Staff for dumping gravel in the alley behind their building.
He announced to the Council that Set Free now has five living quarters and more in Fresno. He said their ranch is going strong and last month they gave away 25,000 pounds of food. They are also cleaning alleys and they are ready to serve with other opportunities.
Osvaldo Vera said he has been here for half a century. He started the boxing club and served 40 to 50 years at no cost.
G. P
UBLIC HEARING
The Council held a public hearing to discuss the CDBG Grant Closeout.
1. S UBJECT: Public Hearing regarding Community Development Block Grant Closeout of 20-CDBG-CV2-3-00038 & 20-CDBG-CV2-3-00039 Grants. 19 City Council Regular Meeting Minutes
February 15, 2024
Council Member Hurtado announced that Self Help Enterprises is her employer, recused herself from participation in the agenda item and left the dais at 6:56 PM.
Public comment:
None.
The Council closed the public hearing.
The City Council by motion of Mayor Pro Tem Martinez approved City staff to work with Self Help Enterprises to begin the grant closeout process for 20-CDBG-CV2-3-00038 & 20-CDBG- CV2-3-00039 grants and authorized its submittal to the CA Department of Housing and Community Development, Community Development Block Grant Program. The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN (RECUSAL): HURTADO
ABSENT: NONE
H. C
ONSENT CALENDAR
The Council by motion of Council Member Montelongo pulled Agenda Items H-1, H-4, H-5, and H-7, and approved the following items on the Consent Calendar:
2. S
UBJECT: APPROVED - Payroll including Direct Deposit Nos. 61969 through 62219; Payroll Check Nos. 59415 through 59462; and Benefit Check Nos. 1960 through 1967.
3. S
UBJECT: INFORMATIONAL ITEM - Police Department Monthly Report.
6. S UBJECT : APPROVED - Temporary Access Easement Acquisition – Access to North Sanger Groundwater Recharge Property.
The City Council adopted R esolution No. 2024-05, which accepts the Grant of Temporary Easement for access purposes along the east property lines of APN 314-063-03S & 40S to the proposed groundwater recharge facility being constructed for the South Kings Groundwater Sustainability Agency.
The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: HURTADO
20 City Council Regular Meeting Minutes
February 15, 2024
1. S
UBJECT: INFORMATIONAL ITEM - Warrants including Check Nos. 90939 through 91210.
P
ublic comment:
Unidentified audience member requested additional information regarding Check Nos. 91000, 91003, 91036, 91041, 91044, 91121, 91045, 91125, and 91210.
City Attorney Montoy ask that Staff contact the audience member during the week to provide requested information.
Council Member Hurtado returned to the dais at 7:14 PM.
4. S
UBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report.
Public comment:
Unidentified audience member said a check to Deide Construction for Fire Department remodel plans and plan check was issued on February 6, 2024 and said he did not understand whether the payment was for October or November.
5. S
UBJECT: APPROVED - Out of State Travel Request.
Public comment:
Unidentified audience member stated they think it is great to have individuals attend training.
The City Council by motion of Council Member Montelongo approved the Out of State travel for Police Commander Joshua Johnson and Community Service Officer Paul Welch to attend the 2024 Professionalizing Law Enforcement – Community Engagement Training National Conference in Atlanta, Georgia from April 30 – May 5, 2024. The motion was seconded by Council Member Hurtado and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
7. S
UBJECT : APPROVED - Side Letter Agreements with all Bargaining Groups regarding Juneteenth Holiday.
21 City Council Regular Meeting Minutes
February 15, 2024
Public comment:
Unidentified audience member stated the City should honor all the holidays when it is a good cause.
The City Council by motion of Council Member Montelongo adopted Resolution No. 2024-06 approving Side Letter Agreements between the City of Sanger and Sanger Firefighters Association, Sanger General Employees Organization, Sanger Middle Management Organization, Sanger Police Officers Association, and I.U.O.E. Stationary Local 39 to establish June 19 as a paid holiday in observance of Juneteenth and authorized the Interim City Manager to execute the Agreements on behalf of the City. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
I. D
EPARTMENT REPORTS
1. S UBJECT: TABLED - On-Street Accessible Parking in Downtown.
Public comment:
Osvaldo Vera stated the plan sounds good but City should start with the yellow line because that is what people are complaining about.
Unidentified audience member stated the current parking available for disabled persons is located in the worst place.
Karen Pearson stated the entire perimeter downtown needs handicapped parking.
Kevin Carter stated the Five Year Capital Improvement Plan has 7 th Street listed for repair in the
next year or two and that is the best time to address handicapped parking.
The City Council by motion of Council Member Hurtado tabled the agenda item for a later date with direction to staff to bring back options. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
22 City Council Regular Meeting Minutes
February 15, 2024
2. S UBJECT: APPROVED - Amendments to Subdivision Improvement Agreement and Temporary Lift Station Covenant – DR Horton Tract No. 5826.
T
he City Council by motion of Council Member Montelongo adopted Resolution No. 2024-07 approving First Amendment to Subdivision Agreement, Final Map of Tract No. 5826, Phase 1 of Tract No. 5826 and First Amendment to Temporary Sewer Lift Station Covenant affecting Land Development for the Final Map of Tract No. 5826, Phase 1 of Tract No. 5826. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
3. S
UBJECT: APPROVED - WWTP – Trickle Filter Rehabilitation.
The City Council by motion of Council Member Hurtado:
1) Accepted the quote from W.M. Lyles Co. to remove, rehabilitate, and replace the Trickle Filter at the Waste Water Treatment Plan; and 2) Authorized the Interim City Manager to sign the Service Provider Agreement and all related documents.
The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
4. S
UBJECT: APPROVED - Regular City Council Meeting scheduled for July 4, 2024.
T
he City Council by motion of Council Member Montelongo cancelled the regular meeting scheduled for Thursday, July 4, 2024. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
23 City Council Regular Meeting Minutes
February 15, 2024
J. C ITY MANAGER/STAFF COMMUNICATION
Interim City Manager Greg Garner advised Council that Staff did not find anything that indicated the former City Manager acted outside of his authority when requesting reimbursement for travel from Council. He said the Council may make a determination to act further on the matter.
Interim City Manager Garner thanked the Council for the opportunity to serve as Interim City Manager and for their trust in him. He said his goal was to keep the momentum and it was a pleasure serving the past seven months.
K. M
ATTERS INITIATED BY CITY COUNCIL MEMBERS
Mayor Pro Tem Martinez
1. Requested and received consensus to direct Staff to look at options for sidewalk and/or crosswalk at Indianola and Jensen Avenues, near Veteran’s Park.
Council Member Hurtado
1. Announced March is Women’s History Month and there will be many community events to celebrate, including a Zumbathon that will be held on March 23 rd at
Brehler Square.
2. Requested consensus to waive fees in conjunction with the Zumbathon. No action taken; no fees assessed to City-sponsored events.
3. Requested and received consensus to place an item on the next meeting agenda to consider a $500 increase in the budget for Women’s History Month.
Council Member Montelongo
1. Asked whether the manhole on 9
th Street was repaired. Public Works Director
John Mulligan indicated that it was repaired.
2. Requested and received consensus to place an item on a future meeting agenda to discuss a reimbursement to Council Member Hurtado for out of pocket travel expenses.
3. Thanked Sanger Police Department for the great job with the recent incident in which two people were arrested.
4. Thanked the Recreation Department for the great job with the basketball program.
5. Suggested the video of the City be updated before Council and Staff attend ICSC.
6. Stated the new park at the D.R. Horton development looks phenomenal.
7. Thanked Police Chief Garner for his service as Interim City Manager.
24 City Council Regular Meeting Minutes
February 15, 2024
Council Member Melendez
1. Thanked Chief Garner for all his hard work.
2. Thanked the Public Works Department for keeping the streets safe during the storms.
3. Requested JFK Park be cleaned, the lighting be repaired, and the water drained.
Mayor Gonzalez
1. Thanked Chief Garner for stepping up to fill the Interim City Manager position and said he did an outstanding job.
L. ADJ
OURNMENT
Being no further business, the Council adjourned their meeting at 8:33 PM.
ATTEST:
Rebeca Padron, City Clerk
25 Prepared by: Joshua Rogers___ Approved by: ________________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X_ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: I-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Final Acceptance for FY 21/22 Local Street Improvements Project
Attachments:
1. Notice of Completion
2. Contract Change Order Nos. 1 and 2
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the work for the FY 21/22 Local Street Improvem ents Project in the amount of $1,056,812.18; and
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5% retention in the amount of $ 52,840.61 to AJ Excavation, Inc. upon expiration of the 35-day lien period.
EXECUTIVE SUMMARY:
The contractor, AJ Excavation, Inc., 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 roadway improvements including pavement reconstruction, new sidewalk construction, repair of existing concrete infrastructure, upgrade of curb ramps for ADA compliance, 26 and upgrades to roadway signage and striping at the following locations:
Hill Avenue from Church Avenue to Canal Drive;
Church Avenue from West Avenue to O Street;
West Avenue from Church Avenue to Canal Drive;
Canal Drive from Greenwood Avenue to Hill Avenue*;
7th Street from Lyon Avenue to Hawley Avenue;
Lyon Avenue from Webster Avenue to Jensen Avenue; and 4th Street from Hawley Avenue to West Avenue.
* Work on Canal Drive consisted of construction of sidewalk along the northern side of the road and a new pedestrian crossing at the corner of Canal Drive and Hill Avenue.
There were two contract change orders approved for the project. Change Order No. 1 was work requested by the City when a n extremely shallow sewer line was found in Lyon Avenue, which could have conflicted wit h the ability of the contractor get proper compaction on the new roadway . The contractor was directed to remove the existing shallow line which served 2 residential properties, and re-pipe those connections into the deeper sewer line in the area. Change Order No. 2 was some minor curb marking work to re-establish property addresses which were painted on sections of curb that were removed. The total costs for both change orders were $27,130.62, which was well within the contingency of $104,000 which had been previously approved by the Council.
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 $1,056,812.18. Total construction phase costs , including construction management, inspection and material testing, were approximately $1,200,000. The project was funded by a combination of local Measure C Flexible and Transportation Development Act (TDA) funds.
ACTIONS FOLLOWING APPROVAL:
1. The Notice of Completion will be recorded.
2. The 5% retention, in the amount of $ 52,840.61, will be released no later than 35 calendar days following recordation of the Notice of Completion, provided no liens have been filed. 27 ATTACHMENT 1
28 RECORDING REQUESTED BY AND MAIL TO:
NAME: CITY CLERK, CITY OF SANGER
STREET: 1700 7TH STREET
CITY & STATE: SANGER, CA 93657
Exempt from fee per Government Code 6103
Exempt from fee per Government Code 27383
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 AJ Excavation, Inc.
3. The property on which the work of improvements was accepted is located along various streets including Hill Avenue, Church Avenue, West Avenue, Canal Drive, 7th Street, Lyon Avenue and 4th Street in the City of Sanger, County of Fresno, California.
4. The work for the FY 21/22 Local Street Improvements project included pavement reconstruction, new sidewalk construction, repair of existing concrete infrastructure, upgrade of curb ramps for ADA compliance.
5. The work of improvements as described herein was completed by the Contractor on February 2, 2024 and accepted by Sanger City Council on March 7, 2024.
6. The Security for the Labor and Material Bond is issued by Travelers Casualty and Surety Company of America, Hartford, CT.
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 know its contents, and the facts stated therein are true by my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Sanger, California, this 7th day of March, 2024.
Joshua D. Rogers, City Engineer
29 ATTACHMENT 2
30 31
ORDER NO. 1
DATE 10/19/2023
STATE CA
COUNTY Fresno
TO:
1.1 OWNER CITY OF SANGER
Original Contract Time: 80
Revised Contract Completion Date: 11/7/2023
Change Order Item Scope of Work Description
11/7/2023
CHANGE ORDER 01
The contractor shall lower the shallow existing sewer line and laterals and conform to the City Standard Section 26. The water services shall be adjusted and comform with City Standard Section 27. The contractor shall perform the work on time and material. The contractor shall be paid in the amount of $26,351.40 per the T&M documents attached.
PCO 01 - T&M Repair Shallow Sewer Laterals
CONTRACTOR
Original Contract Amount: $1,038,407.00
FEDERAL PROJECT NO. N/A
CONTRACT CHANGE ORDER
FY 21/22 LOCAL STREET IMPROVEMENTSCONTRACT FOR
Revised Contract Time: 80
Original Contract Completion Date:
AJ EXCAVATION, INC.
Change Order Amount $26,351.40
New Contract Amount $1,064,758.40
32 PROJECT NAME: CHANGE REQUEST NUMBER: 01
CLIENT: CITY OF SANGER
PROJECT MANAGER: SERGIO ALVARADO DATE:
Description
Detail
SEE WORKUP ON NEXT SHEET
Impacts
Description of Impact
Scope
Cost
Schedule
Disposition
Decision
Accepted
Rejected
Approvals
Date Alisa Emmett Date
9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
26,351.40$ Extra
REPAIR SHALLOW SEWER AND WATER SERVICES AS DIRECTED ON TIME AND MATERIALS
CHANGE REQUEST
FY 21/22 LOCAL STREET
IMPROVEMENTS
October 11, 2023
Confidential
33 LABOR
DESCRIPTION HOURS RATE QTY SUBTOTAL
FOREMAN INCLUDED
OPERATOR INCLUDED
LABORER INCLUDED
TEAMSTER 0 0
EQUIPMENT
SCRAPER INCLUDED
CREW TRUCK INCLUDED
BLADE INCLUDED
WATER TRUCK INCLUDED
COMPACTOR INCLUDED
TRACTOR 0.00 0.00
TRUCKING 0 0
SUBCONTRACTOR QTY UNIT $/UNIT TOTAL
HAYDON
CONSTRUCTION
1 LS $23,740.00
23,740.00
0.00 Subtotal
Bond 1.00%
Markup 10.00%
Total
23,740.00$
2,374.00$
26,351.40$
REPAIR SHALLOW SEWER AND WATER SERVICES AS DIRECTED ON TIME
AND MATERIALS
9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
AMOUNTDESCRIPTION
237.40$
PROPOSAL
Wednesday, October 11, 2023
FY 21/22 LOCAL STREET IMPROVEMENTS
CITY OF SANGER
34 35
ORDER NO. 2
DATE 11/ 2/2023
STATE CA
COUNTY Fresno
TO:
2.1 CONTRACT CHANGE ORDER
CONTRACT FOR FY 21/22 LOCAL STREET IMPROVEMENTS
FEDERAL PROJECT NO. N/A
OWNER CITY OF SANGER
AJ EXCAVATION, INC.
CONTRACTOR
Original Contract Amount: $1,038,407.00
Previous Contract Amount $1,064,758.40
Change Order Amount $779.22
Original Contract Time: 80
New Contract Amount $1,065,537.62
Original Contract Completion Date: 11/7/2023
Change Order Item Scope of Work Description
PCO 02 Curb Address Restoration Where the Curb and Gutter was Reconstructed The contractor shall paint the curb white and use number stencils to restore the address numbers in black paint on the curb at the addresses noted in the PCO attached. The street address number dimensions shall be 4” by 2.5”, the white background painted on the curb shall be 18” by 6”. The contractor shall be paid in the lump sum amount of $779.22 per t
he estimate attached.
36 PROJECT NAME: CHANGE REQUEST NUMBER: 02
CLIENT: CITY OF SANGER
PROJECT MANAGER: SERGIO ALVARADO DATE:
Description
Detail
SEE WORKUP ON NEXT SHEET
Impacts
Description of Impact
Scope
Cost
Schedule
Disposition
Decision
Accepted
Rejected
Approvals
Date Alisa Emmett Date
9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
779.22$ Extra
PROPOSAL TO REPAINT ADDRESS NUMBERS:
201 Hill Ave, 68 west Ave, 80 west Ave, 92 West Ave, 1860 4th street, 2124 7th St, 2224 7th St, 2211 7th St, 2203 7th ST
CHANGE REQUEST
FY 21/22 LOCAL STREET
IMPROVEMENTS
November 1, 2023
Confidential
37 LABOR
DESCRIPTION HOURS RATE QTY SUBTOTAL
FOREMAN INCLUDED
OPERATOR INCLUDED
LABORER INCLUDED
TEAMSTER 0 0
EQUIPMENT
SCRAPER INCLUDED
CREW TRUCK INCLUDED
BLADE INCLUDED
WATER TRUCK INCLUDED
COMPACTOR INCLUDED
TRACTOR 0.00 0.00
TRUCKING 0 0
SUBCONTRACTOR QTY UNIT $/UNIT TOTAL
T&T PAVEMENT
MARKINGS
1 LS $702.00
702.00
0.00 Subtotal
Bond 1.00%
Markup 10.00%
Total
PROPOSAL
Wednesday, November 1, 2023
FY 21/22 LOCAL STREET IMPROVEMENTS
CITY OF SANGER
702.00$
70.20$
779.22$
PROPOSAL TO REPAINT ADDRESS NUMBERS:
201 Hill Ave, 68 west Ave, 80 west Ave, 92 West Ave, 1860 4th street, 2124 7th St, 2224 7th St, 2211 7th St, 2203 7th ST
9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
AMOUNTDESCRIPTION
7.02$
38 PROPOSAL
DATE: 11/1/2023
PROPOSAL #: 23-557
CUSTOMER:
A.J. Excavation Inc.
514 N. Brawley Ave.
Fresno, CA 93706
PREVAILING: Yes
PROJECT:
FY 21/22 Local St Imp, Sanger
DateSignature
Total:
"We are a non-union
Contractor"
- Please direct questions regarding this proposal to Tom Ochoa at (559) 217-7645. - Upon acceptance of this proposal, please sign and email to our office. - Proposal is not valid after 30 days without a signature.
WE HEREBY PROPOSE TO FURNISH THE FOLLOWING WORK AS DESCRIBED BELOW:
3276 W. Sussex Way
Fresno, CA 93722
*Please note: Payments made by credit card on final
invoice will be subject to an additional 3.5%
surcharge on the total cost to cover fees.
**THIS PROPOSAL IS TO BE ACCEPTED AS A WHOLE AND NOT BROKEN OUT IN PARTS.** NEW LOOK, SAME GREAT SERVICE!
[email protected]
DIR Registration #1000046338
SB #2004666
Phone: 559-275-2879
Fax: 559-229-2527
TIN #81-4165560
License #687921
This quote is for work performed, M-F, 6am-2pm. An additional cost will be added for weekend work.
THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.
DescriptionQty Total
ADDITIONAL WORK
Address numbers, white background 18''x6'', address numbers 4''x2.5''
9 702.00
_____________________________________
$702.00
39 INCLUSIONS, EXCLUSIONS AND STIPULATIONS
INCLUSIONS:
- Cleaning of asphalt, concrete, substrate, and curbing by hand blower only
STIPULATIONS:
- Warranty of work will be voided if we are required to paint over uncleaned substrates. - Concrete to be cured for 30 days prior to painting.
- Work area is to be cleared of debris, vehicles, materials and equipment. - 72 hours of dry concrete required prior to application of paint or thermoplastic. - Irrigation must be turned off 24 hours prior to commencing work. - If proposal is approved, T&T requires a notice of 10 business days, Monday-Friday, to commence work.
- Cleaning of mud, embedded dirt, water, and oil that will impede the adhesion of the pavement markings being applied, shall be done by others.
EXCLUSIONS:
- Truncated domes
- Bollards
- Temporary/timber barricades
- Lead compliance removal & lead compliance plans
- Specialty building signage
- Removal by wet sandblasting
- Concrete wheel stops with drainage slots
- As-Built Drawings
- Solvent Base Traffic Paint
- Traffic Control (unless noted in line item of proposal) - Any work not described in proposal is specifically excluded.
O: 559-275-2879
[email protected]
TIN #81-4165560
Cont. License #687921
3276 W. Sussex Way
Fresno, CA 93722
40 Prepared by: Joshua Rogers___ Approved by: ________________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X_ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: I-3
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Final Acceptance for K Street and Almond Avenue Reconstruction Project
Attachments:
1. Notice of Completion
2. Contract Change Order Nos. 1 and 2
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the work for the K Street and Almond Avenue Reconstruction Project in the amount of $535,352.44; and
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5 % retention in the amount of $26,767.62 to AJ Excavation, Inc. upon expiration of the 35-day lien period.
EXECUTIVE SUMMARY:
The contractor, AJ Excavation, Inc., 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 roadway improvements including pavement reconstruction, new curb, gutter and sidewalk construction, repair of existing concrete infrastructure, upgrade of c urb ramps for ADA 41 compliance, and upgrades to roadway signage and striping at the following locations:
K Street between Annadale Avenue and Edgar Avenue; and Almond Avenue between K Street and Faller Avenue.
There were two contract change orders approved for the project. Ch ange Order No. 1 was work requested by the City when a leaking water line was discovered i n Almond Avenue after removal of the old roadway and prior to the new pavement construction and could not be properly repaired by City forces. The line was determined to be an old steel li ne that had corroded b eyond repai r. The contractor w as directed to replace the existing corroded s teel section with 6 -inch diameter PVC pipeline, and install several new water services to connect to existing meters along Almond Avenue.
Change Order N o. 2 was related to work required to complete concrete improvements at Pitman Farms’ drive approach off of K S treet. The plans called for improvements associated with a typical commercial drive a pproach, but once the d emolition was completed, it was found that the existin g approach was much thicker and more highly reinforced than typical. The improvements were sized up to m atch the existing and the work was scheduled on a weekend as Pitman was running trucks 24 hours a day during normal business days around the Thanksgiving holiday when the work was being performed. Total costs of both change orders were $37,378.54, which were within the a pproved contingency of $50,800 which had been previously approved by the Council.
REASON FOR RECOMMENDATION:
The project construction work has been completed by t he Co ntractor to the sa tisfaction of the C ity Engineer.
FISCAL IMPACT:
The final construction contract cost is $535,352.44. T otal construction phase costs, including construction management, inspection and material testing, were approximately $590,000. The project was funded by Measure C Street Maintenance funds.
ACTIONS FOLLOWING APPROVAL:
1. The Notice of Completion will be recorded.
2. The 5% retention, in the a mount of $26,767.62, will be released no later than 35 calendar days following recordation of the Notice of Completion, provided no liens have been filed. 42 ATTACHMENT 1
43 RECORDING REQUESTED BY AND MAIL TO:
NAME: CITY CLERK, CITY OF SANGER
STREET: 1700 7TH STREET
CITY & STATE: SANGER, CA 93657
Exempt from fee per Government Code 6103
Exempt from fee per Government Code 27383
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 AJ Excavation, Inc.
3. The property on which the work of improvements was accepted is located along K Street and Almond Avenues in the City of Sanger, County of Fresno, California.
4. The work for the K Street and Almond Avenue Reconstruction project included pavement reconstruction, new curb, gutter and sidewalk construction, repair of existing concrete infrastructure, upgrade of curb ramps for ADA compliance, and upgrades to roadway signage and striping.
5. The work of improvements as described herein was completed by the Contractor on February 2, 2024 and accepted by Sanger City Council on March 7, 2024.
6. The Security for the Labor and Material Bond is issued by Travelers Casualty and Surety Company of America, Hartford, CT.
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 know its contents, and the facts stated therein are true by my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Sanger, California, this 7th day of March, 2024.
Joshua D. Rogers, City Engineer
44 ATTACHMENT 2
45 46
ORDER NO. 1
DATE 12/12/2023
STATE CA
COUNTY Fresno
TO:
1.1 AJ EXCAVATION, INC.
Change Order Amount $23,114.97
New Contract Amount $530,606.97
Revised Contract Time: 45
Original Contract Completion Date:
FEDERAL PROJECT NO. N/A
CONTRACT CHANGE ORDER
K STREET RECONSTRUCTION AND ALMOND AVENUE RECONSTRUCTIONPROJECT
OWNER CITY OF SANGER
Original Contract Time: 45
Revised Contract Completion Date: 12/13/2023
Change Order Item Scope of Work Description
12/13/2023
CHANGE ORDER 01
The contractor shall repair the waterline shown in the exhibit attached. The extra work and repairs shall be per the City Standards,Section 27 Water Distribution Systems. The contactor will perform the work on a time and material basis and under the inspectors observation.
Waterline Repair on Almond Ave - T&M
CONTRACTOR
Original Contract Amount: $507,492.00
47 48
From: Sergio Alvarado
To: Greg
Cc: Ray Martinez; Erik Delgado; Josh Rogers; Jesse Emmett; Dan Sampson Subject: 19-252 K STREET RECONSTRUCTION - Water Line repair Date: Friday, November 3, 2023 10:12:00 AM
Attachments: image003.png
Pages from Water Plats.pdf
Greg,
There’s a waterline leak on Almond near Faller Ave as shown on the plat map attached that reflects the existing water infrastructure.
The
existing 1-1/4” line serves three homes and the line has been leaking for a couple days. The City Water Dept is unable to make the repair.
The water line is an old
steel line that is very corroded and in bad condition.
The water line will need to be repair at this
time, remove the existing 1-1/4” steel line, extending the existing 6” line and installing a blow-off, and reinstalling/reconnecting the three existing services to the homes.
The City authorized this work
to be performed on Time and Material.
Regards,
Sergio Alvarado
Project Manager/Construction Manager
______________________
2985 N. Burl Ave. Suite 101 Fresno, CA 93727
O: (559) 244-3123 | M: (559)770-3794
yandhengr.com
“A committed team providing high quality engineering services for our clients and community.”
From:
Greg <[email protected]>
Sent: Friday, November 3, 2023 9:03 AM
To: Sergio Alvarado <[email protected]>
Cc: Ray Martinez <[email protected]>; Erik Delgado <[email protected]>; Josh Rogers <[email protected]>; Jesse Emmett <[email protected]>; Dan Sampson <[email protected]>
Subject: RE: K STREET RECONSTRUCTION - RFI #01 COMMERCIAL C&G
Sergio,
We are waiting for the detail on how we are to put this back together.
Once received, we can review and look at scheduling.
Thanks,
49 50
LABOR
DESCRIPTION HOURS RATE QTY SUBTOTAL
FOREMAN INCLUDED
OPERATOR INCLUDED
LABORER INCLUDED
TEAMSTER 0 0
EQUIPMENT
SCRAPER INCLUDED
CREW TRUCK INCLUDED
BLADE INCLUDED
WATER TRUCK INCLUDED
COMPACTOR INCLUDED
TRACTOR 0.00 0.00
TRUCKING 0 0
SUBCONTRACTOR QTY UNIT $/UNIT TOTAL
HAYDON
CONSTRUCTION
1 LS $20,824.30
20,824.30
0.00 Subtotal
Bond 1.00%
Markup 10.00%
Total
PROPOSAL
Friday, December 1, 2023
K STREET AND ALMOND AVENUE
CITY OF SANGER
20,824.30$
2,082.43$
23,114.97$
EMERGENCY WATER LINE REPAIRS ON ALMOND AVENUE. HAYDON
CONSTRUCTION WAS DIRECTED BY THE ENGINEER FOR ALL WORK. 9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
AMOUNTDESCRIPTION
208.24$
51 Project : Emergency Water Line Repair @ Almond St, 11/30/2023 Location: City of Sanger 1
Customer: AJ Excavation 11/6/23 - 11/10/23
Contact : Greg Stenger 2334-111023
BID ITEM NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL $ PREVIOUS QTY
COMPLETED
TOTAL $ PREVIOUSLY
COMPLETED
QTY COMPLETED THIS
PERIOD
TOTAL $ COMPLETED
THIS PERIOD % COMPLETED TOTAL $ COMPLETED
TO DATE
1 REF: DEWR 11/6/23 Pothole Utility Lines / Repair Damaged Service T&M 1 $3,299.39 $3,299.39 0 $0.00 1 $3,299.39 100% $3,299.39 2 REF: DEWR 11/7/23 Install 60 LF of Water Main, 2 - 1" Service Saddles & Blowoff As. T&M 1 $7,942.53 $7,942.53 0 $0.00 1 $7,942.53 100% $7,942.53 3 REF: DEWR 11/8/23 Tie-in 6" Water Main. Install 2" Water Service, Pour Thrust Blocks & Offhaul Demo T&M 1 $7,330.39 $7,330.39 0 $0.00 1 $7,330.39 100% $7,330.39 4 REF: DEWR 11/10/23 Form & Pour back Sidewalk Section T&M 1 $2,251.99 $2,251.99 0 $0.00 1 $2,251.99 100% $2,251.99 $20,824.30
TOTAL $ PREVIOUSLY
COMPLETED #VALUE!
TOTAL $ COMPLETED
THIS PERIOD $20,824.30
TOTAL $
COMPLETED TO
DATE
$20,824.30
C/O No. C/O - CHANGE ORDER DESCRIPTION UNIT QTY UNIT PRICE TOTAL C/O $ PREVIOUS QTY
COMPLETED
COMPLETED C/O $
PREVIOUS PERIOD
QTY COMPLETED THIS
PERIOD
COMPLETED C/O $
THIS PERIOD % COMPLETE TOTAL C/O $ COMPLETED TO
DATE
$20,824.30
COMPLETED C/O $
PREVIOUS PERIOD #VALUE!
TOTAL $ COMPLETED
THIS PERIOD $20,824.30
TOTAL C/O $
COMPLETED TO
DATE
$0.00
$20,824.30
$0.00
$20,824.30
$0.00
$20,824.30
Haydon Construction Inc. General Engineering Contactor
LIC: 458977 / DIR: 100016597 / SBA# 1162580 PO Box: 185 Clovis CA 93613-0185 / Office: 2019 N. Gateway Blvd. Suite #200 / Fresno CA 93727 Office: 559 251-5511 / Email: [email protected]
Progress Billing Summary
HCI Project No. 23-34
Date:
Application:
Billing Period:
Total Amount Due this Invoice:
Piping the Central Valley Since 1984
C/O $$$ TOTAL
TOTAL CONTRACT $
(From Previous Inv.) Invoiced to Date Sub-Total:
Project DIR# Invoice No:
Invoiced to Date Total:
0% Retention to Date Total :
Invoiced to Date Sub-Total:
52 53
ORDER NO. 2
DATE 1/10/2024
STATE CA
COUNTY Fresno
TO:
2.1 Previous Contract Amount: $530,606.97
Pitman Farms Commercial Approach Gutter and Depressed Curb Reconstruction on K St - T&M The contractor shall reconstruct the commercial approach per the detail attached and per Section 24 of the City Standard Specifications.. The contractor was directed to proceed on time and material via email on 12/08/2023. The contractor shall coordinate access and the approach closure with Pitman Farms. The contactor will perform the work on a time and material basis and under the inspectors observation.
Original Contract Completion Date: 12/13/2023
Revised Contract Completion Date: 12/13/2023
Change Order Item Scope of Work Description
CHANGE ORDER 02
Change Order Amount $14,263.57
Original Contract Time: 45
Revised Contract Time: 45
AJ EXCAVATION, INC.
CONTRACTOR
Original Contract Amount: $507,492.00
New Contract Amount $544,870.54
CONTRACT CHANGE ORDER
PROJECT K STREET RECONSTRUCTION AND ALMOND AVENUE RECONSTRUCTION FEDERAL PROJECT NO. N/A
OWNER CITY OF SANGER
54 City of SANGER, California
1700 Seventh Street
Sanger, California 93657
(559) 876-6300
FAX (559) 875-8956
MEMO
DATE: January 10, 2024
PROJECT: K Street Reconstruction and Almond Ave Reconstruction
CONTRACTOR: AJ Excavation, Inc
SUBJECT: Change Order 2
ITEM 2.1: Pitman Farms Commercial Approach Gutter and Depressed Curb Reconstruction on K St - T&M
The Pitman Farms’ commercial drive approach on K St was shown to have the curb and gutter removed and replaced per the plans upon coordination with the owner for accessibility. Pitman Farms on average runs 1 truck every 30 minutes through this drive approach from 10:00 p.m. to 2:00 p.m. During the demo, the contractor encountered a thicker concrete section that was heavily reinforced. The contractor was unaware of the existing conditions and requested direction. The contractor was provided a detail that reflects the curb and gutter section doweled into the existing drive approach behind curb, rebar reinforcement, and higher strength concrete mix. Due to Pitman Farms’ truck schedule in the fall, the only window to pour back the approach curb and gutter was on a weekend. This would allow the contractor to firm and pour early Saturday morning and opened to traffic Sunday evening.
Construction Manager: Date: 1/10/2024 Sergio Alvarado
55 PROJECT NAME: CHANGE REQUEST NUMBER:
OWNER: CITY OF SANGER
PROJECT MANAGER: SERGIO ALVARADO DATE SUBMITTED
Description
Detail
SEE ATTACHED
Impacts
Description of Impact
Scope
Cost
Schedule One Additional Day Requested
Disposition
Decision
Accepted
Rejected
Approvals
Date Alisa Emmett Date
9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
14,263.57$ Extra
COMMERCIAL DRIVE APPROACH MODICATIONS, COMPLETED ON TIME & MATERIALS AS DIRECTED.
CHANGE REQUEST
K STREET AND ALMOND AVENUE
RECONSTRUCTION PROJECT
January 4, 2024
2 AJ EXCAVATION INC. Confidential Page 1 of 3
56 LABOR
DESCRIPTION HOURS ST RATE OT
RATE
QTY SUBTOTAL
Arthur Melendrez 7 84.26 110.03 1 770.21
Rodrigo Vazquez 7 84.26 110.03 1 770.21
Rafael Cisneros 7 84.26 110.03 1 770.21
Subtotal $2,310.63
Labor Surcharge 9.00% $231.06
Labor Markup 30.00% $693.19
EQUIPMENT
DUMP TRUCK 7 140.00 1
980.00
308 MINI EX 7 64.50 1 451.50
CREW TRUCK 7 35.25 1 246.75
Subtotal $1,678.25
Equipment Markup 10.00% $251.74
TRUCKING
MATERIAL QTY $/LF
0 0 0
SUBCONTRACTOR
1 LS 8143.16 $8,143.16
Subcontractor Markup 10.00% $814.32
Subtotal
Bond 1.00% 141.22$
Total
14,122.35$
14,263.57$
COMMERCIAL DRIVE APPROACH MODICATIONS, COMPLETED ON
TIME & MATERIALS AS DIRECTED.
9662 W. Kearney Blvd., Fresno CA. 93706 O# 559-408-5908 F# 559-354-0639 Lincense # 935662
AMOUNTDESCRIPTION
FRESNO CONCRETE CONSTRUCTION, INC
PROPOSAL
Thursday, January 4, 2024
K STREET AND ALMOND AVENUE
CITY OF SANGER
SERGIO ALVARADO
57 REPORT NO.
CONTRACT NO. DATE PERFORMED 1
SPECIFICATION NO. DATE OF REPORT
WORK PERFORMED BY
DESCRIPTION OF WORK
TOTAL CONSTRUCTION EQUIPMENT COST
HAULING OF CONSTRUCTION EQUIPMENT
SUBTOTAL
X
PAYROLL TAXES & INSURANCE
SUBSISTENCE NO
SUBSISTENCE NO
OTHER
TOTAL MATERIALS & EQUIPMENT COST % ON LABOR COST
% ON MATERIALS & EQUIPMENT COST
% ON CONSTRUCTION EQUIPMENT COST
% ON HAULING OF CONSTRUCTION EQUIP.
DWR INSPECTOR DATE CONTRACTOR'S FOREMAN/SUPERINTENDENT DATE DWR FIELD ENGINEER DATE CONTRACTOR'S REPRESENTATIVE DATE Original: Project Headquarters Copy: Contractor
DWR 2832 (Rev. 4/98) Copy: Inspector
ATOTAL LABOR COST
SIGNATURE VERIFIES TIME, CLASSIFICATION, MATERIALS & EQUIPMENT, CONSTRUCTION EQUIPMENT, AND HAULING OF CONSTRUCTION EQUIPMENT.
For instructions, see reverse side.
TOTAL THIS REPORT
15.00%
15.00%
(A)
(B)
B $2,592.02 15.00%
$8,143.16
$627.51
$388.80
$45.84(C)
(D)
Sidewalks and Curb and Gutter
REG
OT
REG
OT
REG
Ivan Ramirez
OT
$4,183.39
(RATE) (SALARY + VACATION)
15% $3,637.73
$3,637.73
$545.66
OT
$767.92
$73.56
$671.93
$767.92$95.99
$767.92$95.99
OT
REG
Julio Chavez
8 CM
CM
CM
OT
REG
D
NO. UNIT UNIT COST
$2,592.02
MATERIALS & EQUIPMENT AND/OR WORK DONE BY SPECIALIST
12 yards of concrete 1 $2,592.02
DESCRIPTION NO. UNIT UNIT COST
$73.56
$95.99
$73.56
$95.99
C
$33.90
$66.11
$44.64
REG
Octavio Coronado
Gonzalo Garcia
OT
REG
OT
REG
OT
REG
HAULING OF CONSTRUCTION EQUIPMENT
DESCRIPTION
$305.60
Crew Truck
Work Truck
Dump Truck
Mini Ex.
8 8
1 7
REG
$305.60
HOURLY
RATE
Aaron Carrasco$38.20 CM $588.488
OT
8 CM
DAILY EXTRA WORK REPORT
EQUIP. NO. EXTENDED
AMOUNTSRATEHOURSCONSTRUCTION EQUIPMENT P.R. NO.
K Street - Sanger
EXTENDED
AMOUNTS
Fresno Concrete Construction, Inc.
9-Dec-2023
HOURSLABOR
58 rNvolcE
BUILDERS CONCRETE SALES
1830 S. MILLIKEN AVE., BUILDING G . ONTARIO, CA 91762
(eog) 657-4000
FRESNO CONCRETE CONSTRUCTION
CUSTOMER # DATE rNvolcE No. PAGE
00001,572 12/09/2023 32l-L24
SEND PAYMENTS TO:
BUILDERS CONCRETE INC,
C/O BUILDERS CONGRETE SALES
15A21 VENTURA BLVD., #475
ENC|NO, CA 91436-4778
1 5450 S. VILLA
FRESNO, CA 93725
.di "drF ,irt
r-r2"5 U
{y'*
DATE - JOB LOCATON - ADDBESS PRICE PEA
UNTT TAJ( TOTAL
TICKET NO. QUANTITY UNIT DESCBIPTION
5486
111 - 334545
111 - 334545
111 - 334545
111 - 334545
111 - 334545
111 - 334545
11-1- 33454s
111-334550
111-334550
l_11-334550
1-11-334550
111-334550
111-334550
11-1- 3 34 55 0
K STREET & ANNADALE SANGER
000 111_.12/0e
L2/0e
L2/oe
L2/oe
L2/0e
12/0e
1,2 / Oe
a2/0e
L2/oe
L2/0e
L2/oe
L2/0e
12/0e
12/oe
9 9
1_
t_
1 1
I9
a
az
1 1
I
l-
5 .50 CY 7. OOSK 1AGG 135
7 200
40 40
15 3
L3s
7 200
40 40
15 3
90 ') ')
45 49
49 31
].394 .40
77 .47
2L7 .45
43 .49
43 .49
16.31 72.30
366 .95
20 .39
2L1.45
43 .49
43 .49
16.31 19.03
2592 . 02
50 00
00 00
00 00
50 50
00 00
00 00
CY SATURDAY DELTVERY CHARG
LD PUBLIC WORKS DELIVERY C
LD ENVIRONMENTAL FEE
LD FUEL SURCHARGE
LD LOW CARBON FUEL - SURCH
CY CALCIUM AUTO
CY 7. OOSK 1AGG
CY SATURDAY DELIVERY CHARG
LD PUBLIC WORKS DELIVERY C
LD ENVIRONMENTAL FEE
LD FUEL SURCHARGE
LD LOW CARBON FUEL - SURCH
CY CALCIUM AUTO
JOB TOTAL LINE
500
000
000
000
000
s00
000
s00
000
000
000
000
500
6 I7
3 3
l-
5 ZY
1 t7
3 3
1 1
.80
Ltr,
.64
.45
.49
.49
.31
.53
PRODUCT RECAP
12 .00
l-2 . 00
2 .00
2 .00
2 .00
2 .00
24 .00
NK70070
542
555
s30
52s
520
95 7. OOSK 1AGG
SATURDAY DELIVERY CHARGE
PUBLIC WORKS DELIVERY CHARGE
ENVIRONMENTAL FEE
LOW CARBON FUEL - SURCHARGE
FUEL SURCHARGE
CALCIUM AUTO
rF PAYMENT rS MADE BY 0r/L0/2024, DTSCOUNT FOR TNVOTCE rS 26.r0
TAXABLE AMOUNT
EXEMPT AMOUNT
SALES TAX
2384 .00
0.00 208 .02
AMOUNT OUE 2592 .02TERMS: Net Due on Receipt. Delinquent if not paid in full within 30 days of invoice date.
Delinquent accounts are subject so suspension and closure without further notice. ln the event legal action is taken to collect this account, reasonable attorney's fees and costs will be paid by the Customer.
59 1
Sergio Alvarado
From: Sergio Alvarado
Sent: Friday, December 8, 2023 10:48 AM
To: Greg
Cc: Erik Delgado; Ray Martinez; [email protected]; Jesse Emmett Subject: RE: K STREET RECONSTRUCTION - C&G SATURDAY WORK Attachments: 19-252_COMMERCIAL_CG_PITMAN.pdf
Greg,
Erik will be onsite and the work for Pitman’s drive approach will be performed on T&M. AƩached is the detail previously provided. Use a 7‐sack mix and the guƩer shall be 12” thick with reinforcing steel matching the steel in the rest of the apron, doweled as required in th e Concrete secƟon of the specificaƟons, and undercut and over‐poured by 6” back and 6” down from the limits of the new concrete. The guƩer will need to be covered with dirt for when the trucks drive over the guƩer. Let me know if there are any quesƟons, thanks.
Regards,
Sergio Alva
rado
Project Manager/Construction Manager
______________________
2985 N. Burl Ave. Suite 101 Fresno, CA 93727
O: (559) 244-3123 | M: (559)770-3794
yandhengr.com
“A committed team providing high quality engineering services for our clients and community.”
From: Greg <[email protected]>
Sent: Friday, December 8, 2023 9:42 AM
To: Sergio Alvarado <[email protected]>
Cc: Erik Delgado <[email protected]>; Ray Martinez <[email protected]>; [email protected]; Jesse Emmett <[email protected]>
Subject: RE: K STREET RECONSTRUCTION ‐ C&G SATURDAY WORK
Sergio,
Please provide an update on who our inspector will be tomorrow onsite.
Also, need confirmaƟon that this work is to be com
pleted on T&M.
Thanks,
Greg Stenger, Estimator / PM
AJ Excavation, Inc.
Ofc.: 559‐408‐5908 x119
60 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
PROJECT
TITLE
SHEET
DESCRIPTION
Plot By: Andrew Vongphachanh Plot Date: 11/3/2023 File Location: F:\2019\19-252\dwg\Exhibits\19-252_COMMERCIAL_DA_PITMAN.dwg Date:
Scale:As Noted
YH Job No.
Sheet No.
ofSheets
K STREET RECONSTRUCTION AND
ALMOND AVENUE RECONSTRUCTION
NEW DRIVE APPROACH CURB
& GUTTER AT PITMAN FARMS
11/3/2023
19-252
1 1
61 Prepared by: _Greg Tarascou _ Approved by: _______________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X_ Consent
____ Info Item
____ Action Item
__X_ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
- For the Meeting of: March 7, 2024
Agenda Item No.: I-4
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Resolution Acknowledging Acceptance of a Report on the Sanger Fire Department’s Compliance with SB 1205 and California Health and Safety Code Section 13146.4
Attachments: Resolution No. 2024-08
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approve Resolution No. 2024-08 acknowledging acceptance of a report on the Sanger Fire Department’s compliance with SB 1205 and California Health and Safety Code Section 13146.4 for Calendar Year 2023.
EXECUTIVE SUMMARY:
On September 27, 2018 California Senate Bill 1205 (SB1205) became effective and added a new section to the California Health and Safety Code which affects every fire department or fire district in the State.
Existing law requires every fire department or district providing fire protection services to inspect every building used as a public or private school annually. This same annual inspection requirement is applicable to hotels, motels, lodging houses and apartment houses.
With the signing of SB 1205, the California Health and Safety Code was amended by adding Section 13146.4, that requires that all fire departments required to perform annual inspections pursuant to Sections 13146.2 and 13146.3 shall report annually to its administrating authority its comp liance with Sections 13146.2 and 13146.3.
62 \\nas1\shared\Forms & Templates
BACKGROUND:
Annually, the Sanger Fire Department is required to conduct inspections of all public and private schools, hotels, motels, lodging houses, and apartment/condominium buildings in accordance with California Health and Safety Code Section 13146.2 and 13146.3. The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code.
California Health and Safety Code Section 13146.1 mandates that the local fire department inspect all jail, place of detention, or occupancies where the use of a building or structure are for the purpose of providing care or supervision to persons who are incapable of self-preservation without physical assistance. In the calendar year 2023, the Fire Department inspected 5 of 5 such occupancies, resulting in a compliance rate of 100%.
California Health and Safety Code Section 13146.2 mandates that the local fire department inspect all hotels, motels and condominium/apartment buildings (with three units or more) once annually. In the calendar year 2023 the Fire Department inspected 37 of 44 hotels, motels, condominiums and apartment buildings, resulting in a compliance rate of 84%.
California Health and Safety Code Section 13146.3 mandates that the local Fire Department inspects all public and private schools once annually. In the calendar year 2023, the Fire Department inspected 20 of 20 school facilities, resulting in a compliance rate of 100%.
The Fire Department completed 90% of its annual inspections of all known mandated buildings that are included within the mandate for calendar year 2023. In total, the Fire Department conducted 62 of the 69 mandated annual inspections. The 62 inspections do not include the numerous re-inspections and follow- ups performed by staff. Fire Department staff continue to conduct re-inspections in response to deficiencies observed during initial inspections.
REASON FOR RECOMMENDATION:
The acceptance of this compliance report and the recommended Resolution fulfill the statutory requirements contained in California Health and Safety Code Section 13146.2, 13146.3 and 13146.4 as amended by SB 1205.
FISCAL IMPACT:
There are no fiscal impacts with the filing and acceptance of this report.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
After approval staff will retain these records consistent with the City’s Records Retention Policy.
63 RESOLUTION NO. 2024-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
ACKNOWLEDGING ACCEPTANCE OF A REPORT ON THE FIRE
DEPARTMENT’S COMPLIANCE WITH SB 1205 AND CALIFORNIA
HEALTH & SAFETY CODE SECTION 13146.4 FOR CALENDAR YEAR 2023
WHEREAS, SB 1205 was passed and signed by the Governor on September 27, 2018, adding Section 13146.4 to the California Health & Safety Code in 2018 which outlines the criteria for State Mandated Inspections and reporting; and
WHEREAS, California Health & Safety Code Sections 13146.1, 13146.2 and 13146.3 require all fire departments including the Sanger Fire Department, that provide fire protection services to perform annual inspections in every building used for the purpose of providing care or supervision to persons who are incapable of self -preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted, used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administrating authority (City Council) its compliance with Section 13146.1, 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Sanger intends this Resolution to fulfill the requirements of the California Health & Safety Code reg arding acknowledgment of the City’s compliance with California Health & Safety Code Sections 13146.1, 13146.2 and 13146.3.
NOW THEREFORE, the City Council of the City of Sanger resolves as follows:
SECTION 1. The foregoing recitals are incorporated herein by reference.
SECTION 2. The Council has received the Fire Department’s compliance report pursuant to Health & Safety Code Section 13146.4 for calendar year 2023 and expressly acknowledges the measure of compliance of the City’s Fire Department with California Health & Safety Code Sections 13146.1, 13146.2 and 13146.3 in the jurisdictional area of the City, as follows:
A. Institutional Group I Occupancies
Institutional Group I Occupancies, for the purpose of this resolution, are generally those occupancies where the use of a building or structure, are for the purpose of providing care or supervision to persons who are incapable of self -preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Within the City, there are 5 known Group I occupancies, buildings, structures and/or facilities.
64 During the calendar year 2023, the City completed the annual inspection of 5 Group I occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.
B. Residential Group R Occupancies
Residential Group R occupancies, for the purpose of this resolution, ar e generally those occupancies containing sleeping units, and including hotels, motels, and apartments (three units or more). Within the City, there are 44 known Group R occupancies of this nature.
During the calendar year 2023, the City completed the annual inspection of 37 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 84% for this reporting period.
C. Educational Group E Occupancies
Educational Group E Occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12 th grade.
Within the City, there are 20 known Group E occupancies, buildings, structures and/or facilities.
During the calendar year 2023, the City completed the annual inspection of 20 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100 % for this reporting period.
SECTION 3. This resolution is effective upon adoption.
* * * * * * * * * * * * * * * * *
I foregoing Resolution was considered by the City Council of the City of Sanger, Fresno County, State of California, at a regular meeting of said Council held on the 7 th day of March
2024, and approved by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
ATTEST:
Rebeca Padron, City Clerk
65 Prepared by: _Joshua Johnson, Commander
_
Approved by: _______________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X_ Consent
____ Info Item
__X_ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: I-5
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Garner, Chief of Police
Subject: Services for Firearm Destruction
Attachments: A) Contract
B) Scope of Services
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
The City Council approve agreement with LSC Destruction, LLC, for the removal and destruction of firearms and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
The Sanger Police Department is requesting authorization from the City Council to enter an agreement with LSC Destruction, LLC, for the disposal of firearms confiscated for safekeeping, evidentiary, or related reasons. This strategic partnership is designed to streamline firearm disposal protocols, enhance operational effectiveness, and ensure compliance with regulatory requirements. Presently, the procedure entails transporting all firearms to Covanta Stanislaus in Crows Landing, a journey spanning nearly 120 miles, with a team of two personnel, one of which must be a sworn member.
REASON FOR RECOMMENDATION:
The recommendation to engage LSC Destruction, LLC stems from their demonstrated expertise in firearm disposal, adherence to safety protocols, and ability to efficiently manage the removal and destruction process. By partnering with LSC, we can enhance the effectiveness of our operations while ensuring compliance with all relevant regulations governing firearm disposal. 66 \\nas1\shared\Forms & Templates
FISCAL IMPACT:
Firearm removal and destruction incurs no cost to the City of Sanger. The City provides firearms to LSC and LSC disassembles firearms on-site, providing the Police Department with serial number parts for destruction and retaining other components for sale. The City receives a commission from selling these parts, generating a revenue stream without any associated expenses.
ALTERNATIVES:
Alternative options for firearm disposal include maintaining internal processes or engaging alternative service providers. However, internal processes may be resource-intensive and pose logistical challenges, while alternative providers may not offer the same level of expertise or compliance assurance as LSC Destruction, LLC. Thus, the proposed partnership represents the most effective and prudent approach to firearm disposal for our department.
ACTIONS FOLLOWING APPROVAL:
Upon approval by the City Council, the Sanger Police Department will proceed with finalizing the agreement with LSC Destruction, LLC.
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SERVICES AGREEMENT
This Services Agreement (“Agreement”) is entered into by and between LSC Destruction, LLC (“LSC”) and the City of Sanger (“Department”) as of this ____ day of February, 2024.
1. B reakdown, Destruction and Removal of Firearm Parts . On the date or dates agreed upon by the parties, LSC shall take all actions reasonably necessary to breakdown, destroy and remove all firearm parts supplied by Department at Department’s site at _____________________ __________________________ (“Premises”) in accordance with LSC’s standard procedures described below and/or communicated to Department in advance and all applicable government regulations and workplace safety guidelines. LSC will provide all necessary equipment, supplies, and labor to the Premises, with the exception of commonly available items such as tables and chairs. Upon completion of the firearm breakdown, LSC will provide Department with a portion of the firearm receiver (typically including the serial number) as proof of the physical destruction of the firearm receiver. LSC will retain all other portions of the firearm. LSC will sweep and clean any area LSC uses on the Premises to bring it to the condition it was in on LSC’s arrival.
2. Term. T
his Agreement shall be in effect for a period of two (2) year s from the effective date above and shall renew for an additional one (1) year unless either party gives written notice of termination at least thirty (30) days prior to the expiration of the term. Notwithstanding the foregoing, either party may terminate this Agreement for convenience by giving the other at least thirty (30) days’ prior written notice. Any additional terms and/or modifications to the terms of this Agreement are as specified on the Addendum attached hereto and made a part hereof.
3. Department’s Obligations. Department shall deliver each firearm to LSC in a safe condition, unloaded and clear of magazines and ammunition. LSC may terminate this Agreement immediately if Department fails to satisfy the above condition. Department shall provide at no cost to LSC a working space on the Premises. Department is required to have an officer or evidence technician present to oversee the destruction process and ensure compliance with Department policies. Department shall provide LSC with a list of all firearms that are to be destroyed at each destruction. The list shall consist of serial number, make, model, type, caliber, and case number. It is preferred to list separated into two (2) groups long guns, and handguns.
4. Consideration. L
SC shall pay the Department a fee and remove all firearm parts (except as provided in Section 1 above) in exchange for title to the remaining parts. Department agrees and acknowledges that LSC will give Department an initial quote for the fee prior to each of LSC’s provision of services under this Agreement based on the assumption that all firearms and parts are in satisfactory condition, but that quote is subject to change based on the actual condition of the firearms and parts presented by Department to LSC. LSC will process such payment within fifteen (15) business days after completion of its work on the Premises and completion of the “Destruction Compensation and Follow Up” form which is provided by LSC (via email) at the end of the destruction.
5. Indemnification by Department. Department shall indemnify, save harmless and defend LSC, and its members, managers, agents, and employees and each of them against and hold 68 {4172101.DOCX.docx:2} 2
it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys’ fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen as a result of a breach of this Agreement by Department or the gross negligence or willful misconduct of Department. LSC shall indemnify, save harmless and defend Department, and its agents and employees and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys’ fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen as a result of a breach of this Agreement by LSC or the gross negligence or willful misconduct of LSC.
6. L
imitation on Damages and Liability . Department does hereby fully release and discharge LSC, its members, managers, agents and employees from any liability or any loss, cost, damage, expense, injury, or death arising from or in any manner connected with the removal and/or receipt of the firearm parts except as otherwise provided in this Agreement. IN NO EVENT WILL
EITHER PARTY BE LIABLE FOR ANY LOST REVENUES, DATA, OR PROFITS, OR
SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WITH RESPECT TO
ANY CLAIMS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Insurance. Before beginning any work under this Agreement, LSC, at its own cost and expense, shall procure the types and amounts of insurance detailed below and, on Department’s written request, provide Certificates of Insurance, indicating that LSC has obtained or currently maintains insurance that meets the requirements of this section and which is reasonably satisfactory, in all respects, to Department.
7.1 Workers’ Compensation. LSC shall maintain Statutory W orkers’ Compensation
Insurance pursuant to the provisions of applicable law. Statutory Workers’ Compensation Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) di sease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. Notwithstanding the foregoing, LSC need not obtain Workers’ Compensation Insurance if LSC does not have employees.
7.2 Commercial General Liability. LSC shall maintain commercial general liability insurance for the term of this Agreement on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the services contemplated under this Agreement.
7.3 Automobile Liability.
LSC shall maintain automobile liability insurance for the term of this Agreement covering any auto (Code 1), or if LSC has no owned autos, 69 {4172101.DOCX.docx:2} 3
hired (Code 8), and non- owned autos (Code 9), with limit no less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the services contemplated by this Agreement.
8. E ntire Agreement . This Agreement constitutes the complete and exclusive agreement between the parties pertaining to the destruction and removal of the firearm parts and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
9. Subcontractors Prohibited. LS
C shall not contract with any other entity to perform
in whole or in part the services required hereunder without the prior written approval of Department. Department agrees and acknowledges that LSC utilizes independent contractors in providing some of the services and that such independent contractors are not subcontractors under this Agreement.
10. Attorney’s Fees.
If either party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11. Applicable Law;
Venue. The internal laws of the State of Californi a shall govern the interpretation and enforcement of this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that venue for the trial of such action shall be exclusively in Fresno County.
12. Severability.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement sh all nevertheless be in full force and effect.
The parties, each t hrough a duly authorized officer, have executed this Agreement as of the date set forth above.
LSC Destruction, LLC Department: City of Sanger
By: By:
Name: Name:
Title: Title:
Date: Date:
70 {4172101.DOCX.docx:2} 4
ADDENDUM
Additional and/or modified terms are as follows (enter “None”’ if no changes):
NONE
Initials: I
nitials:
LSC Destruction, LLC Department
71 Exhibit A
SCOPE OF SERVICES
LSC Destruction
ESSENTIAL SERVICE PROVIDED
LSC will arrive at the designated location(s) on the dates prearranged and agreed to by the department and LSC
LSC will bring all necessary equipment, supplies, and labor to the facility to complete the destruction process.
The department will provide a working space for LSC
The department will provide and officer or evidence technician as it deems appropriate to oversee the destruction process and ensure compliance with department policies regarding the destruction of evidence.
LSC will proceed to destroy all firearms that are prepared for destruction in accordance with our standard operating procedures as previously discussed and in compliance with all government regulations and workplace safety guidelines.
Upon completion of the firearm destruction, LSC with provide the department with a portion of the firearm receiver, (typically including the serial # of the firearm, if available), to serve as proof of the physical destruction of the firearm.
LSC will retain all other portions of the firearm, and arrange prompt removal of remaining parts from the facility.
LSC will pack all of its equipment and supplies and remove them from the department's property immediately upon completion of the destruction project.
LSC will sweep and clean any area used during the process returning it to the same condition to which it was found.
LSC will process agreed upon payment to the department within `15 business days of completion of the destruction project and transfer payment by check or credit as previously agreed upon by the department. Checks or credit will be mailed/issued to the address specified by the agency.
72 Prepared by: _Greg Tarascou _ Approved by: _______________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X_ Consent
____ Info Item
__X_ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: I-6
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Agreement with Fresno City College for Instructional Services Attachments: Instructional Services Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approve the renewal contract with Fresno City College for the purposes of instructional services reimbursement, delegate to the Sanger Fire Department the authority to be the named Party on the Contract, and authorize the City Manager to sign the contract on behalf of the City.
EXECUTIVE SUMMARY:
The proposed contract with Fresno City College (FCC) is to reenter into an agreement where the Fire Department agrees to submit documented training hours done by full -time staff to FCC to help satisfy the colleges’ full-time enrolled student requirements to the State. In turn, FCC has agreed to reimburse the Fire Department per student instructional hour to a maximum of 50,000 student instructional hours per year. This contract is a renewal of the prior contract and will be renewed every three years. FCC requires that the party on the agreement be the Sanger Fire Department. Because only the City has authority to contract, staff is asking that City Council designate the Fire Department as the party on the agreement
BACKGROUND:
Initially starting in the 1980s, this program is intended to assist both Fresno City College and the Fire 73 \\nas1\shared\Forms & Templates
Department with providing quality training to full-time staff while receiving reimbursement from FCC for those hours. Through processes with the State Center Commun ity College District, FCC has an established ‘cap’ on student enrollment. In years prior to the recession student enrollment was lower than the cap, therefore this contract was to help facilitate their enrollment requirements from the State.
When this ca p was met, FCC would receive funding from the State. To help enhance enrollment numbers, this contract was developed to enroll full-time firefighters into FCC and provide documented training hours to FCC. In turn, FCC would reimburse the Fire Department a portion of those received funds for their training hours. A breakdown of classes reimbursed, as well as the mechanism to calculate anticipated funding can be found in Appendix B of the contract. In short considering the class schedule, available training hours and personnel that are approved to take these courses, the Fire Department expects to receive between $5,000 and $6,000 in reimbursement from FCC.
REASON FOR RECOMMENDATION:
The contract between FCC and the Fire Department will provide additional funding to the training programs at the Fire Department that are otherwise not from the General Fund or Measure “S” budgets.
FISCAL IMPACT:
Per the contract Fresno City College agrees to reimburse eligible training hours up to 50,000 hours per fiscal year. The maximum that this program can provide is an estimated $5,000-$6,000 per year that would contractually be used for additional training opportunities and programs.
ALTERNATIVES:
Do not accept the contract in which case the City will continue to seek other avenues for funding training programs.
ACTIONS FOLLOWING APPROVAL:
Upon approval, the attached contract will be forwarded to Fresno City College for signa tures and the program will continue.
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INSTRUCTIONAL SERVICE AGREEMENT
FRESNO CITY COLLEGE & CITY OF SANGER FIRE DEPARTMENT
This Agreement is made and entered into between Fresno City College (FCC), a college of the State Center Community College District (SCCCD), and the City of Sanger, a municipal corpora�on (City), together known as “the par�es”.
WITNESSETH
WHEREAS, FCC is authorized by the California Educa�on Code (“Educa�on Code”) and Title 5 of the California Code of Regula�ons (“Title 5”), to conduct Contract Instruc�on, Assessment and Counseling Services to serve community needs; and
WHEREAS, City desires to contract with FCC to provide educa�onal services to the Sanger Fire Department (SFD), in par�cular, its in-service personnel as set forth herein; and WHEREAS, the par�es mutually desire coopera�on of the par�es to provide quality instruc�on and training to meet community needs, as set forth herein.
AGREEMENT
NOW , THEREFORE, in considera�on of the foregoing and of the covenants, condi�ons, and promises hereina�er contained to be kept and performed by the respec�ve par�es, FCC and City mutually agree as follows:
Sec�on 1. RESPONSIBILITIES OF FCC
a. FCC shall offer approved courses to meet educa�onal needs and requirements of the SFD in-service personnel (all class par�cipants are in-service personnel and shall herea�er be referred to as “students”). Such courses shall be approved by SFD.
b. FCC shall provide a faculty coordinator to work with SFD. Said faculty coordinator shall act as the SFD co-instructor for all FCC affiliated educa�onal courses. Under no circumstances, however, shall the faculty coordinator have authority over the remaining opera�ons of SFD, including but not limited to, personnel issues concerning SFD employees, opera�onal budget, or the use, maintenance, or scheduling of SFD facili�es. c. FCC and SFD will mutually ensure ancillary and support services are provided for the students (e.g. Counseling, Guidance, & Placement Assistance).
d. FCC shall assist SFD in registra�on and other support services to students to adequately manage and control the college’s course offerings.
e. FCC shall approve selec�on of instructors and evaluate the quality of instruc�on to ensure that it meets the needs of the students and the accredita�on requirements of FCC. FCC shall have the primary right to control and direct the instruc�onal ac�vi�es of all instructors.
f. FCC shall ensure that course offerings meet all appropriate requirements of the Educa�on Code and Title 5. g. FCC shall consult SFD on any revisions to exis�ng FCC courses designed for the SFD program, ini�a�on of new courses, or any other changes, to ensure the quality of educa�onal services and to meet the needs of SFD. h. FCC shall provide the use of its facili�es and equipment free of charge for use by the SFD, on an as-needed, space available basis for Instruc�onal Service Agreement (ISA) partner programs. FCC shall atempt to provide use of said facili�es and equipment during normal business hours.
75 Page | 2
i. FCC shall demonstrate control and direc�on through such ac�ons as: providing the instructor of record an orienta�on, instructor's manual, Title 5 course outlines, curriculum materials, tes�ng and grading procedures and any other materials and services it would provide its adjunct instructors on campus. j. By signing this Agreement, FCC cer�fies it does not receive full compensa�on for direct educa�on costs of the course from any public or private agency, individual or group. k. FCC has the primary right and responsibility to control and direct the ac�vi�es of the instructors furnished by SFD while they are performing services under the term of this Agreement.
Sec�on 2. RESPONSIBILITIES OF SFD
a. SFD shall provide classroom space for use as off-campus sites by FCC, free of charge for Instruc�onal Service Agreement (ISA) courses.
b. SFD shall provide instructors, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct FCC's ISA courses.
c. SFD shall cooperate with FCC to ensure all personnel, equipment, and materials used in carrying out its responsibili�es under this Agreement conform to Educa�on Code and Title 5 mandated standards governing instruc�onal programs, including minimum qualifica�ons for instructors. d. SFD shall use the money received as compensa�on for services under this Agreement for educa�onal and training related purposes as they relate to public safety training programs. e. A tui�on fee of $46/unit for all SFD members enrolled in ISA courses shall be deducted from the gross revenue amount.
f. An off-site health fee of $13 per semester will be waived if students are covered by workers’ compensa�on insurance through their employment with SFD. If SFD fails to provide evidence of workers’ compensa�on coverage, then the off- site health fee will be deducted from the gross revenue for all registered CFD members. SFD affirms that their workers’ compensa�on coverage is current, ac�ve, and will be maintained throughout the term of this agreement. Prior to the commencement of each annual term of this agreement, SFD shall deliver to the District Representa�ve a Cer�ficate of Insurance evidencing workers’ compensa�on coverage.
g. Records of student atendance and registra�on shall be submited by SFD to FCC regularly and then maintained by FCC. Records will always be open for review by officials of the college and submited on a schedule developed by FCC, no later than July 1
st annually (see Appendix A).
h. By signing this Agreement, SFD cer�fies the training facility is open to the public and the instruc�onal ac�vi�es agreed upon herein will not be fully funded by other sources.
Sec�on 3. PAYMENT FOR SERVICES
a. In considera�on of the services provided herein, FCC shall pay SFD 60% each academic year (July 1st through June 30th) of the state appor�onment earned due to eligible instruc�onal Full-Time Equivalent Student (FTES) hours (see Appendix B).
b. Above hours shall not exceed 50,000 Student Instruc�onal Hours (contact hours) per academic year during academic years when the California Community College Chancellor’s Office (CCCCO) implements appor�onment caps for its colleges. No�ce would be provided to SFD no later than October 30th annually if CCCCO appor�onment caps are in place for the upcoming academic year.
76 Page | 3
c. SFD shall submit to FCC an invoice for all mutually agreed upon instruc�onal FTES hours provided under this Agreement. FCC shall pay SFD the agreed contract price within the agreed upon �meline for the fiscal year, to be established by no later than July 1st annually (see Appendix C). Any adjustments to the fiscal year �meline must be presented a minimum of forty-five (45) days prior to the end of any given course sec�on. d. Instruc�onal FTES hours are defined as those hours reported on SCCCD's CCFS-320 Report, California Community Colleges Appor�onment Atendance Reports, which are subject to audit by SCCCD's independent auditor and the California Community Colleges Chancellor's Office.
Sec�on 4. INDEMNIFICATION
a. FCC agrees to indemnify, save, hold harmless, and at City’S request, defend SFD, its officers, agents, and employees from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to City in connec�on with the performance, or failure to perform, by FCC, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to any person, firm, or corpora�on who may be injured or damaged by the performance, or failure to perform, of FCC, its officers, agents, or employees under this Agreement.
b. City agrees to indemnify, save, hold harmless, and at FCC’S request, defend the FCC, its officers, agents, and employees from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to FCC in connec�on with the performance, or failure to perform, by City, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabili�es, claims, and losses occurring or resul�ng to any person, firm, or corpora�on who may be injured or damaged by the performance, or failure to perform, of SFD, its officers, agents, or employees under this Agreement.
c. In the event of concurrent negligence on the part of FCC or any of its officers, officials, employees, agents or volunteers, and City or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and ac�ons in law or equity for such losses, fines, penal�es, forfeitures, costs and damages shall be appor�oned under the State of California's theory of compara�ve negligence as presently established or as may be modified herea�er.
d. This sec�on shall survive expira�on or termina�on of this Agreement.
Sec�on 5. INDEPENDENT CONTRACTOR
a. In performance of the work, du�es, and obliga�ons assumed by FCC under this Agreement, it is mutually understood and agreed that FCC, including any and all of FCC's officers, agents, and employees will at all �mes be ac�ng and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which FCC shall perform its work and func�on. However, SFD shall retain the right to administer this Agreement to verify that FCC is performing its obliga�ons in accordance with the terms and condi�ons thereof.
b. FCC and City shall comply with all applicable provisions of law and the rules and regula�ons, if any, of governmental authori�es having jurisdic�on over maters the subject thereof. c. Because of its status as an independent contractor, FCC shall have no right to employment rights and benefits available to City employees. FCC shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addi�on, FCC shall be solely responsible and save SFD harmless from all maters rela�ng to payment of FCC's employees, including compliance with Social Security withholding and all other regula�ons governing such maters. It is acknowledged that during the term of this Agreement, FCC may be providing services to others unrelated to City or to this Agreement.
77 Page | 4
Sec�on 6. INSURANCE
a. Each party shall insure its ac�vi�es in connec�on with this Agreement and always maintain insurance with coverage and limit amounts reasonably necessary to protect itself against injuries and damages arising from the acts or omissions caused by each party, their respec�ve Boards, officers, employees, and agents in the performance of this Agreement.
This insurance requirement may be sa�sfied through a program of self-insurance, or insurance coverage afforded to public en��es through a Joint Powers Authority (JPA) risk pool. b. Without limi�ng the City’s right to obtain indemnifica�on from FCC or any third par�es, FCC, at its sole expense, shall maintain in full force and effect, the following insurance policies, or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
I. Commercial General Liability - Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. SFD may require specific coverages including completed opera�ons, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability, or any other liability insurance deemed necessary because of the nature of this Agreement.
II. Automobile Liability - Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damage. Coverage should include any auto used in connec�on with this Agreement.
III. Professional Liability - If FCC employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. FCC agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years following the termina�on of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein.
IV. Worker's Compensa�on - A policy of Worker's Compensa�on insurance as may be required by the California Labor Code.
V. Molesta�on - Sexual abuse / molesta�on liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall be issued on a per occurrence basis.
c. Addi�onal Requirements Rela�ng to Insurance
FCC shall obtain endorsements to the Commercial General Liability insurance naming the City, its officers, agents, and employees, individually and collec�vely, as addi�onal insured, but only insofar as the opera�ons under this Agreement are concerned. Such coverage for addi�onal insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by City, its officers, agents, and employees shall be excess only and not contribu�ng with insurance provided under FCC's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days’ advance writen no�ce given to City.
FCC hereby waives its right to recover from City, its officers, agents, and employees any amounts paid by the policy of worker’s compensa�on insurance required by this Agreement. FCC is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subroga�on, but FCC’s waiver of subroga�on under this paragraph is effec�ve whether FCC obtains such an endorsement.
Within thirty (30) days from the date FCC signs and executes this Agreement, FCC shall provide cer�ficates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the City, sta�ng that such insurance coverage have been obtained and are in full force; that the SFD, its officers, agents and 78 Page | 5
employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the City, its officers, agents and employees, individually and collec�vely, as addi�onal insured, but only insofar as the opera�ons under this Agreement are concerned; that such coverage for addi�onal insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by City, its officers, agents and employees, shall be excess only and not contribu�ng with insurance provided under FCC's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, writen no�ce given to City.
In the event FCC fails to always keep in effect insurance coverage as herein provided, City may, in addi�on to other remedies it may have, suspend, or terminate this Agreement upon the occurrence of such event.
All policies shall be issued by admited insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. ra�ng of A FSC VII or beter.
Sec�on 7. MISCELLANEOUS PROVISIONS
a. If any provisions of this Agreement are found to be, or become, contrary to applicable law or regula�ons, or court decisions, FCC and City agree that the Agreement shall be renego�ated as it relates to said provision, and the remainder of the Agreement shall remain in full force and effect.
b. Term and Termina�on. The term of this Agreement shall start on May 1, 2024, or upon date of full execu�on of the agreement if it is a�er May 1, 2024, and terminate on June 30, 2029. Notwithstanding the foregoing, this Agreement may be terminated at any �me, with or without cause, upon writen no�ce given to the other party at least thirty (30) days prior to the end of the term in which classes are currently in session. In the event of such termina�on, each party shall fully pay and discharge all obliga�ons accruing to the other party up to and including the date of termina�on.
Neither party shall incur any addi�onal liability to the other by reason of such termina�on. c. Either party hereto maintains the right to cancel services prior to the beginning of each course at no cost to either party to this Agreement.
d. Nondiscrimina�on. To the extent required by controlling federal, state and local law, the par�es shall not employ discriminatory prac�ces in the provision of services, course instruc�on, employment of personnel, or in any other respect on the basis of race, religious creed, color, na�onal origin, ancestry, physical disability, mental disability, medical condi�on, marital status, sex, age, sexual orienta�on, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
e. This Agreement supersedes all other agreements, oral or writen, between the par�es hereto with respect to the use of the aforesaid facili�es or services and contains all covenants and agreements between the par�es with respect hereto.
Each party to this Agreement acknowledges that no representa�ons, inducements, promises or agreements, oral or otherwise, have been made by any party, or by anyone ac�ng on behalf of any par�es, which are not embodied herein, and that no other agreement, statement, or promise not contained herein shall be valid or binding. Any modifica�on to this Agreement shall be effec�ve only if it is in wri�ng and signed by the City and FCC in the form of an Amendment to this Agreement.
f. Compliance with Law. In providing the services required under this Agreement, FCC shall always comply with all applicable laws of the United States, the State of California, the County of Fresno, and with all applicable regula�ons promulgated by federal, state, regional, or local administra�ve and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. g. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdic�on. Venue for purposes of the filing of any ac�on regarding the enforcement or interpreta�on of this Agreement and any rights and du�es hereunder shall be Fresno, California. 79 Page | 6
h. Cumula�ve Remedies. No remedy or elec�on hereunder shall be deemed exclusive but shall, wherever possible, be cumula�ve with all other remedies at law or in equity.
i. No Third-Party Beneficiaries. The rights, interests, du�es, and obliga�ons defined within this Agreement are intended for the specific par�es hereto as iden�fied in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third par�es.
j. Atorney's Fees. If either party is required to commence any proceeding or legal ac�on to enforce or interpret any term, covenant, or condi�on of this Agreement, the prevailing party in such proceeding or ac�on shall be en�tled to recover from the other party its reasonable atorney's fees and legal expenses. k. No�ce or correspondence required by this Agreement shall be delivered personally or by United States mail as follows:
Fresno City College, First Responder Campus City of Sanger Fire Department Director Peter Cacossa Fire Chief Greg Tarascou
3300 East North Avenue 601 West Avenue
Fresno, CA 93725 Sanger, CA 93657
l. The specific course(s) covered under this Agreement are described in the atached Appendix D and are incorporated herein by this reference.
m. City shall provide FCC with a request to add exis�ng course(s) or sec�ons with a minimum of 45 days advanced no�ce to FCC prior to the class start date. Each addi�onal course of instruc�on shall require a writen agreement to offer the course signed by the agency signatory or his or her designee as well as the FCC Vice President of Instruc�on or designee.
The course details must be set forth in wri�ng as with the course(s) listed in Appendix D and will become atachments to this Agreement.
n. Electronic Signatures: The par�es agree that this Agreement may be executed by electronic signature as provided in this sec�on. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwriten signature; or (3) an electronically scanned and transmited (for example, PDF document) of a handwriten signature.
Each electronic signature affixed or atached to this Agreement (1) is deemed equivalent to a valid original handwriten signature of the person signing this Agreement for all purposes, including but not limited to eviden�ary proof in any administra�ve or judicial proceeding, and (2) has the same force and effect as the valid original requirements of Civil Code sec�on 1633.5, subdivision (b), in the Uniform Electronic Transac�on Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with sec�on 1633.1). Each party using a digital signature represents that it has undertaken and sa�sfied the requirements of Government Code sec�on 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representa�on. This Agreement is not condi�oned upon the par�es conduc�ng the transac�ons under it by electronic means and either party may sign this Agreement with an original handwriten signature.
o. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall cons�tute one and the same Agreement, binding on the par�es according to its terms and condi�ons.
80 Page | 7
IN WITNESS WHEREOF , the par�es hereto have executed this Agreement in Fresno, California to be effec�ve upon the date of full execu�on of the contract.
AGENCY NAME: CITY OF SANGER
AGENCY SIGNATORS:
NAME & TITLE:
DATE:
Nathan Olson, City Manager
ATTEST:
NAME & TITLE:
DATE:
Rebeca Padron, City Clerk
NAME & TITLE:
DATE:
APPROVED AS TO LEGAL FORM:
Hilda Cantu Montoy, City Atorney
AGENCY NAME: Fresno City College, a college of the State Center Community College District AGENCY SIGNATORS:
NAME & TITLE:
DATE:
W. Andy Dunn, Interim Vice Chancellor of Finance and Administra�on ATTEST:
NAME & TITLE:
DATE:
Dr. Robert Pimentel, Fresno City College President
NAME & TITLE:
DATE:
APPROVED AS TO LEGAL FORM:
Kristen Corey, General Counsel, State Center Community College District
81 Page | 8
APPENDIX A
Projected Student Atendance & Registra�on Records Schedule for 2024-2025
1. Training Hours & Student Applica�ons Agency Cut Off Date on the last Friday of each month:
a. Friday, July 26, 2024
b. Friday, August 30, 2024
c. Friday, September 27, 2024
d. Friday, October 25, 2024
e. Friday, November 29, 2024
f. Friday, December 27, 2024
g. Friday, January 31, 2025
h. Friday, February 28, 2025
i. Friday, March 28, 2025
j. Friday, April 25, 2025
k. Friday, May 30, 2025
l. Friday, June 27, 2025
2. Due date to FCC AJ or FIRET program staff is first Friday of the following month:
a. Friday, July 5, 2024
b. Friday, August 2, 2024
c. Friday, September 6, 2024
d. Friday, October 4, 2024
e. Friday, November 1, 2024
f. Friday, December 6, 2024
g. Friday, January 3, 2025
h. Friday, February 7, 2025
i. Friday, March 7, 2025
j. Friday, April 4, 2025
k. Friday, May 2, 2025
l. Friday, June 6, 2025
3. Deadlines for Any Final Student Applica�ons and Unresolved Academic and/or Financial Holds for the Sec�on:
a. Friday, May 24 or 31, 2024
b. Friday, November 22 or 29, 2024
c. Friday, May 23 or 30, 2025
A new schedule will be sent out every year no later than July 1 st for all subsequent contract years, including 2025-2026, 2026-2027, 2027-2028, and 2028-2029.
82 Page | 9
APPENDIX B
FCC Payment Split with Agency
Fire Agencies - Payment is based on the number of FTES (Full-Time Equivalent Student) generated by the training hours submited. One FTES is equal to 525 contact hours, which are 50-minute hours. To calculate the number of FTES that the agency is paid for, we take the number of training hours and convert that into the number of contact hours (50-minute hours). We then divide that number by 525 to get the total number of FTES. The State of California pays an appor�onment rate per FTES. We split that with the agency 60/40.
Fire Agency Example:
Total Agency
Training Hours
Trainings Hours to
Contact Hours Contact Hours to FTES FTES to Appor�onment 1000 1000 x 60 / 50 = 1200 1200 / 525 = 2.28 2.28 x ($4840 x 60%) = $6,621.12 (gross revenue)
Fire agency students are awarded college units based on the number of training hours they complete. Units are calculated by conver�ng the training hours into contact hours, and the contact hours into units. There are 54 contact hours in one unit. Units are always rounded down.
Total Training Hours
to Contact Hours
Contact Hours to
Total Units Units to Registra�on Fees
Gross Revenue –
Registra�on Fees = Net
Revenue
100 x 60 / 50 = 120 120 / 54 = 2.22 rounded to
2.00 2.00 x $46.00 = $92.00 $6,621.12 - $92.00 =
$6,529.12
Police Agencies - Payment is based on the number of units completed by students taking ISA courses. Each ISA course has a unit value. Units are converted into contact hours, and contact hours are converted to FTES. One unit equals 54 contact hours, and there are 525 contact hours in one FTES.
Police Agency Example:
Total Agency
Training Units
Training Units to
Contact Hours Contact Hours to FTES FTES to Appor�onment 100 100 x 54 = 5400 5400 / 525 = 10.28 10.28 x ($4840 x 60%) = $29,853.12 (gross revenue)
Units to Registra�on Fees
Gross Revenue – Registra�on Fees = Net Revenue
100 x $46.00 = $4,600 $29,853.12 - $4,600 = $25,253.12
The appor�onment amount changes annually and is based on the state budget. The amount is available on the California Community College Chancellor’s Office website.
83 Page | 10
APPENDIX C
Sec�on Schedules and Processing Timeframes for 2024-2025 and 2025-2026 AJ and FIRET:
• November 25, 2023-June 14, 2024 (All AJ & FIRET)
• May 25, 2024-December 13, 2024 (All AJ & FIRET)
• November 22, 2024-June 13, 2025 (All AJ & FIRET)
• May 23, 2025-December 12, 2025 (All AJ & FIRET)
• November 21, 2025-June 12, 2026 (All AJ & FIRET)
Paramedics ONLY:
• April 1, 2024-December 13, 2024 (FIRET-136 Only)
• March 31, 2025-December 12, 2025 (FIRET-136 Only)
• July 3, 2023-June 30, 2024 (Paramedic ONLY – Class 58) • January 2, 2024-December 31, 2024 (Paramedic ONLY – Class 59) • January 2, 2024-June 28, 2024 (Paramedic ONLY – Class 60)
Projected Timelines for 2024-2025 Submission of Applica�ons and Hours, Registra�on and Grades, as well as 320 Reports, Invoicing, and Payments per sec�on
AJ & FIRET Sec�on Dates:
SUMMER 2024: 11/25/23-6/14/24
• Training Hours Cut Off for Agency: 5/24/24
• Training Hours Submited by Agency: 5/31/24
• Yellow Apps (ISA Sr. Program Specialist): 6/3/24-6/7/24 • Registra�ons (ISA Sr. Program Specialist): 6/10/24-6/12/24 • Posi�ve Atendance Forms (A&R): 6/13/24-6/14/24
• Grades & Atendance Entered (ISA Faculty Coordinator): 6/13/24-6/17/24 by noon • Due to DO: 6/28/24
• 320 Report Submited: 7/19/24
• A&R Send 320 Report to FCC Academy Director: 7/26/24
• FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 8/2/24 • Agency Submit Invoice to FCC Academy Director: 8/9/24 • FCC Sends Invoice for Payment: 8/16/24
• SCCCD Sends Check to Agency: 8/26/24-9/6/24
SPRING 2025: 5/25/24-12/13/24
• Training Hours Cut Off for Agency: 11/22/24
• Training Hours Submited by Agency: 11/29/24
• Yellow Apps (ISA Sr. Program Specialist): 12/2/24-12/6/24 • Registra�ons (ISA Sr. Program Specialist): 12/9/24-12/11/24 • Posi�ve Atendance Forms (A&R): 12/12/24-12/13/24
• Grades & Atendance Entered (ISA Faculty Coordinator): 12/13/24-12/16/24 by noon • Due to DO: 12/27/24
• 320 Report Submited: 1/17/25
• A&R Send 320 Report to FCC Academy Director: 1/24/25
• FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 1/31/25 • Agency Submit Invoice to FCC Academy Director: 2/7/25 • FCC Sends Invoice for Payment: 2/14/25
• SCCCD Sends Check to Agency: 2/17/25-2/28/25
84 Page | 11
APPENDIX C – CONTINUED
SUMMER 2025: 11/22/24-6/13/25
• Training Hours Cut Off for Agency: 5/23/25
• Training Hours Submited by Agency: 5/30/25
• Yellow Apps (ISA Sr. Program Specialist): 6/2/25-6/6/25 • Registra�ons (ISA Sr. Program Specialist): 6/9/25-6/11/25 • Posi�ve Atendance Forms (A&R): 6/12/25-6/13/25
• Grades & Atendance Entered (ISA Faculty Coordinator): 6/12/25-6/16/25 by noon • Due to DO: 6/27/25
• 320 Report Submited: 7/18/25
• A&R Send 320 Report to FCC Academy Director: 7/25/25
• FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 8/1/25 • Agency Submit Invoice to FCC Academy Director: 8/8/25 • FCC Sends Invoice for Payment: 8/15/25
• SCCCD Sends Check to Agency: 8/25/25-9/6/25
PARAMEDIC Sec�on Dates:
• Student Names & IDs from Agency: 10 business days prior to the start of the sec�on • Registra�ons (Sr. Program Specialist): 5 business days prior to the start of the sec�on • Training Hours Cut Off for Agency: Last day of the sec�on • Training Hours Submited by Agency: Last day of the sec�on • Posi�ve Atendance Forms (A&R): within 2 business days of the end of the sec�on • Grades & Atendance Entered (ISA Coordinator): within 3 business days of the end of the sec�on • 320 Report Submited: 7/19/24, 1/17/25, 7/18/25, or 1/16/26 • A&R Send 320 Report to FCC Academy Director: 7/26/24, 1/24/25, 7/25/25, or 1/23/26 • FCC Academy Director Confirms and Authorizes Invoice Amount: 8/2/24, 1/31/25, 8/1/25, or 1/30/26 • Agency Submit Invoice to FCC Academy Director: 8/9/24, 2/7/25, 8/8/25, or 2/6/26 • FCC Sends Invoice for Payment: 8/16/24, 2/14/25, 8/15/25, or 2/13/26 • SCCCD Sends Check to Agency: 8/26/24-9/6/24, 2/24/25-3/7/25, 8/25/25-9/5/25, or 2/23/26-3/6/26
A new schedule will be sent out every year no later than July 1 st for all subsequent contract years, including 2025-2026, 2026-2027, 2027-2028, and 2028-2029.
85 Page | 12
APPENDIX D - FIRE
FRESNO CITY COLLEGE
ISA COURSE OUTLINE
AGENCY: AGENCY NAME
This course is presented under the ISA contract between Fresno City College and the fire agency pursuant to the terms of said contract. The par�es agree to offer the course described herein, under the same terms and condi�ons as set forth in said contract.
COURSE TITLE: Advanced Firefighter Con�nuing Educa�on – Effec�ve Spring 2021 COURSE NUMBER: FIRET-233
COURSE HOURS: 24.12-80.1
UNITS: 0.14-1.0
DESCRIPTION:
Sa�sfies annual mandatory con�nuing educa�on requirements of local Fire Agencies, Fresno County Health Department, the California State Fire Marshal’s Office, and appropriate sec�ons of the California Code of Regula�ons; may be offered in seminar, lecture, and/or lab format; specific course deliver method to be determined by each respec�ve agency.
LEARNING OUTCOMES AND OBJECTIVES
Course Objec�ves
1. Given a classroom se�ng and using knowledge of the Fire Technology discipline, discuss technological advances and revisions to regula�ons and laws as they apply to the specific fire agency.
2. Given a laboratory se�ng, apply the physical skills to perform various job-related tasks required by the individual’s fire protec�on agency.
3. Given a simulated incident scenario, apply the appropriate strategy and tac�cs that will address the following incident priori�es: 1) life safety, 2) incident stabiliza�on and 3) property conserva�on.
4. Given classroom instruc�on, reading assignments, and laboratory ac�vi�es describe and apply the appropriate emergency medical treatment protocol for a given pa�ent scenario as per Fresno County EMS.
Course Student Learning Outcomes
1. Demonstrate the proper psychomotor skills and cogni�ve reasoning ability necessary to perform all job-related tasks. Expected SLO Performance: 70
2. Apply current industry best prac�ces rela�ve to modern fire protec�on and technology techniques within the scope of employment. Expected SLO Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE ON CURRIQUNET: htps://fresno.curriqunet.com/publicsearch/
86 Page | 13
APPENDIX D - PARAMEDIC
FRESNO CITY COLLEGE
ISA COURSE OUTLINE
AGENCY: Fresno County EMS
These two courses are presented under the ISA contract between Fresno City College and the above agency pursuant to the terms of said contract. The par�es agree to offer the course described herein, under the same terms and condi�ons as set forth in said contract.
COURSE #1 TITLE: Emergency Medical Technician – Paramedic (Didac�c) COURSE NUMBER: FIRET-133
COURSE HOURS: 576
UNITS: 21.5
DESCRIPTION:
Designed to produce qualified and competent EMT - Paramedic educated and trained in all elements of prehospital advanced life support to the acutely ill or injured pa�ents; scope of prac�ce is in accordance with Title 22 of the California Code of Regula�ons.
LEARNING OUTCOMES AND OBJECTIVES
Course Objec�ves
1. Perform a scene size-up, iden�fying scene safety, manpower resources, and rescue needs.
2. Perform an ini�al assessment iden�fying and managing immediate life threats.
3. Perform detailed and on-going pa�ent evalua�ons and apply appropriate treatments.
4. Document and record pa�ent and treatment informa�on.
5. Interact appropriately with all other emergency responders.
6. Manage triage, treatment, transport of pa�ents in a mul�-casualty event.
7. Communicate with medical control and dispatch using a variety of electronic devices.
Course Student Learning Outcomes
1. Perform an ini�al assessment iden�fying and managing immediate life threats. Expected SLO Performance: 70
2. Perform detailed and on-going pa�ent evalua�ons. Expected SLO Performance: 70
3. Apply appropriate treatments. Expected SLO Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE ON CURRIQUNET: htps://fresno.curriqunet.com/publicsearch/
87 Page | 14
APPENDIX D – PARAMEDIC (CONTINUED)
COURSE #2 TITLE: Emergency Medical Technician – Paramedic Clinical and Field Work COURSE NUMBER: FIRET-136
COURSE HOURS: 679.5
UNITS: 13.0
DESCRIPTION:
The student will rotate through two required se�ngs. The hospital rota�on consists of various departments including emergency, surgery, labor & delivery and pediatrics, specialty units and Advanced Cardiac Life Support (ACLS), cer�fica�on. The field, responding with assigned paramedic preceptors, the students will assess the scene, pa�ents and provide appropriate care. The rota�ons are required to produce qualified and competent EMT-Paramedics who are educated and trained in all elements of prehospital advanced life support to the acutely ill or injured pa�ents, in accordance with local protocols and Title 22 of the California Code of Regula�ons.
LEARNING OUTCOMES AND OBJECTIVES
Course Objec�ves
1. Perform a scene size-up, iden�fying scene safety, manpower resources, and rescue needs.
2. Perform an ini�al assessment iden�fying and managing immediate life threats.
3. Perform detailed and on-going pa�ent evalua�ons and apply appropriate treatments.
4. Document and record pa�ent and treatment informa�on.
5. Interact appropriately with all other emergency responders.
6. Manage triage, treatment, transport of pa�ents in a mul�-casualty event.
7. Communicate with medical control and dispatch using a variety of electronic devices.
Course Student Learning Outcomes
1. Perform an ini�al assessment iden�fying and managing immediate life threats. Expected SLO Performance: 70
2. Perform detailed and on-going pa�ent evalua�ons. Expected SLO Performance: 70
3. Apply appropriate treatments. Expected SLO Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE ON CURRIQUNET: htps://fresno.curriqunet.com/publicsearch/ 88 Page | 15
APPENDIX D - POLICE
POLICE ISA COURSE LIST - FRESNO CITY COLLEGE
All ISA courses are presented under the ISA contract between Fresno City College and the police agency are pursuant to the terms of said contract. The par�es agree to offer the courses described herein, under the same terms and condi�ons as set forth in said contract. Minimum contact hours must be met as defined in the Course Outline of Record.
Fresno County Sheriff’s Office:
AJ-233A T ac�cal Firearms (PSP)
AJ-233B F irearms - Tac�cal Rifle
AJ-233C C ivil Procedure for Law Enf Officers
AJ-233F W ilderness Tracking
AJ-233G E lectronic Weapons
AJ-233H D riving (PSP)
AJ-233I C ourt & Temporary Holding Facility
AJ-233J A dvanced Officer Course
AJ-233K A rrest & Control Update
AJ-233L T raining Conference
AJ-233M P atrol Canine Handler Update
AJ-233N S earch and Rescue Training Update
AJ-233O U nderwater S&R Update
AJ-233P S& R Inclement Weather Update
AJ-233Q I ntro to Tac�cal Dispatcher Course
AJ-233R R esponse to Ac�ve Shooters Update
AJ-233S T raining Conf Gang Update
AJ-233T T raining Conf Ac�ve Shooter Update
AJ-233U T rainin g Conf Emo�onal Survival Update
AJ-233V O fficer Skills Orienta�on Update
AJ-233W P ursuit Interv Tech PIT Update
AJ-233X C ri�cal Incident Stress Debrief Update
AJ-233Y D e -Escala�on Update
AJ-233Z R egular Basic Course Mod I
AJ-234 A dult Correc�ons Officer Core Course
AJ-234A A dult Corr Officer Core En h Course
AJ-234B P C 832 Laws of Arrest
AJ-234C P C 932 Firearms
AJ-235 R es Officer - Firearms Update
AJ-235A Re s Officer - Vehicle Trans Update
AJ-235B Re s Officer Driver Aware < 100 Update
AJ-235C Re s Officer - E.V.O.C. Update
AJ-235D Re s Officer - C.P .R. / A.E.D. Update
AJ-235E Re s Officer - First Aid Update
AJ-235F Re s Officer - Elect & Imp Weap Update
AJ-235G Re s Officer - Report Wri�ng Update
AJ-236 U se of Force Update
Clovis Police Department:
AJ-240 A rrest and Control Update
AJ-240A T ac�cal Rifle for Law Enforcement
AJ-240B F irearms Update
AJ-240D D river Training - Emerg Vehicle Update
AJ-240E Bias Based Policing Update Training
AJ-240F P rincipled Policing Update
AJ-240G F irst Aid for Medical Injuries Update
AJ-240H C PR / AED Update Training
AJ-240I F irst Aid for Trauma�c Injuries Update
89 Page | 16
APPENDIX D – POLICE (CONTINUED)
Fresno Police Department:
AJ-245A A rrest & Control Techniques Update
AJ-245B B aton User Update
AJ-245C C anine Agitator
AJ-245D D etec�ve School
AJ-245E D river Awareness Instructor
AJ-245F D river Awareness Update
AJ-245G D river Training Instructor
AJ-245H P IT Instructor
AJ-245I D river Training/EVOC/PIT Update
AJ-245J D river Training Simulator
AJ-245K Dr iving / Force Op�on Simulator Combo
AJ-245L D rug Facilitated Sexual Assault
AJ-245M E lectronic Weapons
AJ-245N F irearms Instructor Update
AJ-245O T ac �cal Handgu n
AJ-245P T ac�cal Rifle Advanced
AJ-245Q T ac�cal Rifle Update
AJ-245R T ac�cal Rifle 1st Responder
AJ-245S T ac�cal Shotgun
AJ-245T T ac�cal H andgun Advanced
AJ-245U F irst Aid & CPR Refresher
AJ-245V F
orce Op�on Simulator
AJ-245W L ess Lethal Weapons
AJ-245X M ental Illness Awareness Refresher
AJ-245Y O fficer Safety/Field Tac�cs
AJ-245Z O fficer Safet y/Field Tac�cs Update
AJ-246 R ifle Marksmanship and Sniper
AJ-246A S earch/Arrest Warrant
AJ-246B T raffic Collision Inves�ga�on Update
AJ-246C U se of Force Update
AJ-246D P erishable Skills Program I
AJ-246E P erishable Skills Program II
AJ-246F R ifle Instructor
AJ-246G K 9 Handler Update
AJ-246H M ACTAC Mul� Assault Ctr Terr Act Cap
AJ-246I Bas ic Bicycle Patrol
AJ-246J D rug /Alcohol Stand Field Sobriety Upd
AJ-246K C risis Interven�on Training
AJ-246L C ri�cal Incident Ar�cula�on Update
AJ-246M R esidents’ Police Academy
AJ-246O U se of Force Update
AJ-246P D omes�c Violence Update
AJ-246Q M RDS -Miniaturized Red Dot Sight Oper
All approved Course Outlines of Record may be access via the following link:
htps://fresno.curriqunet.com/publicsearch/
90 Prepared by: ____ J Boust _ Approved by: ________________________ REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X__ Consent
____ Info Item
____ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: I-7
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council Members
From: Greg Garner, Chief of Police
Subject: Agreements for Services with Fresno County
Attachments: Law Enforcement Investigative Services Agreement, Police Protection Services Agreement, Prisoner Processing Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Coun cil approve th ree agreements with Fresno County : (i) for the Processing of Prisoners, (ii) for Police Protection Services, and Law Enforcement Investigative Services; delegate to Sanger Police Department the authority to enter the agreements; and authorize the Police Chief to execute. The County currently provides these services, and the agreements are to be renewed.
EXECUTIVE SUMMARY:
The Sanger Police Department contracts with the Fresno County Sheriff for several services that due to staffing and scope of work would be unreasonable for us to execute on our own. These services will only be used and subsequently we will onl y be billed, unless first requested by the Sanger supervisor on scene and cleared by our Chain of Command. The service agreements in question are as follows:
Law Enforcement Investigative Services Agreement . Providing crime scene investigation s ervices, processing of arrestees and suspects vehicles for evidentiary purposes, and Investigative Services. This is primarily for serious offences that require personnel with specialized skills and equipment. We will be billed by the hourly rates assigned to the p ersonnel we utilize for the incident (Attachment A in Agreement).
91 Police Protective Services Agreement . Providing guarded s ecurity for any arrestees at Community Regional Medical Center prior to acceptance or booking into Fresno County Jail. Often suspects are injured that require hospitalization prior to being booked into jail. While the Sanger Police employees can and will d o this for brief periods, if the arrestee must endure a lengthy stay in the hospital, our staffing cannot accommodate dedicating a full-time officer to that duty in a 24/7 capacity. We will pay the Fresno County Jail to have a deputy perform this duty in the event our department cannot complete that service and we will be again billed by t he hourly rate outlined in Attachment A of the Agreement.
This service is seldom necessary.
Prisoner Processing Agreemen t. The Sanger Police Department processes (fingerp rints and photographs) its arrestees at our facility and thereby reports all arrestee personnel data to the Department of Justice. On occasion, an arrestee is transported directly to the Fresno County Jail and not processed at our facility first. This can be due to a variety of factors such as arrestee is combative, injured, or needs expedited medical clearance by the hospita l prior to booking. On those occasions we will be billed at the Prisoner Processing Rate of $33.55 per prisoner.
BACKGROUND:
The City of Sanger, like many smaller municipalities, has relied on our County Sheriffs Office for years to handle many services that are beyond the scope of our abilities . Crime scene processing or utilizing outside investigators for complex or internal investig ations are examples , a s are the processing of prisoners and conducting guard duty, when necessary, at a hospital prior to processing. These agreements have been in place for years and the city benefits from the service.
REASON FOR RECOMMENDATION:
These services provided by the Fresno County Sheriffs’ Office are a necessity for the Sanger Police Department to provide police services effectively and efficiently to the City of Sanger.
FISCAL IMPACT:
These are budgeted expenditures and costs are dependent on the degree to which we use the services utilized.
ALTERNATIVES:
That we do not enter into the agreements and do not us e any of the services outlined in them by the Fresno County Sheriff’s Department.
ACTIONS FOLLOWING APPROVAL:
The Police Chief executes the agreements, and the Sanger P olice Department continues to utilize the services and is billed as necessary.
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Prepared by: ____ Greg Garner _ Approved by: ________________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
__X_ Action Item
__X_ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: J-1
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council Members
From: Greg Garner, Chief of Police
Subject: Agreement for design, architectural, and engineering services between LDA Partners, Inc., and the City of Sanger for the creation of New Communications Center
Attachments: Consultant Services Agreement w/exhibits
Fee Proposal
CONFLICT OF INTEREST:
None Known.
RECOMMENDATION:
That the City Council approve the Consultant Services Agreement with LDA Partners, Inc. for design, architectural and engineerin g serv ice for the crea tion of a Police Communications Center for the Sanger Police Department.
EXECUTIVE SUMMARY:
In the fall of 2023, the City of S anger published a Request for Statements of Qualifications regarding the Conceptual Plans and Plan Specifications for New Sanger Police Department Communications Center. After review of the submissions received, LDA P artners, Inc. was selected to submit a fee proposal. On February 9, 2024, the attached fee proposal was received. The proposal includes:
1. Project Description: The project consists of providing design and architectural services for a new communication building for the Sanger Police Department in Sanger, CA.
2. Scope of Services: The scope of services includes the following:
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Masterplan, Programming, Site Concept Design, & Building Concept Design Prepare Site Analysis
Visioning & Program
Site and Architectural Concepts
Schematic Design, Design Development, & Construction Documents Eighteen (18) week completion Schedule
3. Compensation:
Design Fee: $86,800
Reimbursable allowance: $5,000
Total: $91,800
BACKGROUND:
The City of Sanger’s Police Department currently shares its communication function with seven (7) other law enforcement agencies, and the function is a contracted service with the Fresno County Sheriffs’ Department (FSO). Often our officers are “competing” for “airtime” with agencies providing services more than 40 miles from Sanger , jeopardizing effective comm unications, and creat ing officer safety issues. The contract services co sts nearly three-quarters of a million dollars each year . More than a decade ago, the Sanger Police Department operated its own Communication Center, but the function was eliminated in favor of contracting for these services with FSO.
REASON FOR RECOMMENDATION:
The in-house communications center would exponentially improve radio communication for the Sanger Police Department and improve officer safety. Approval of an agreement with LDA Partners, Inc. would facilitate the commencement of the project, bringing it a step closer to completion.
FISCAL IMPACT:
These are budgeted expenditures and costs are covered by state -provided funding specifically for t he creation of a new communications center.
ALTERNATIVES:
That we do not approve the fee prop osal and do not use any of the services outlined in them by LDA Partners, Inc.
ACTIONS FOLLOWING APPROVAL:
Execution of agreement and commencement of work.
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1 CONSULTANT SERVICES AGREEMENT BETWEEN
CITY OF SANGER AND LDA PARTNERS INC.
This Consultant Services Agreement ("Agreement”) is en tered into between the C ITY OF SANGER, a California general law city (“City”) and LDA PARTNERS, INC. ("Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).
RECITALS
A. City has sought, by a Request for Qualifications, to select a consultant to provide design, architectural and engineering service for the creation of a Police Communications Center for the Sanger Police Department.
B. Consultant submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.
C. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.
D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consid eration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services . Consultant shall perform , to the satisfaction of City in accordance with this Agreement, the Services described in the “ Scope of Services” set forth in Exhibit A attached hereto and incorporated by reference herein, and as may be revised by mutual agreement of the parties. Consultant warrants that it is qualified to perform the Services under this Agreement.
Consultant shall be fa miliar with and shall comply with all State and Federal laws and regulations applicable to the work to be performed under this Agreement.
2. Commencement of Services; Term of Agreement. The term of this Agreement shall be from March 7, 2024, to August 9, 2024, or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.
(a) Continuity of Personnel . Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
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2 (b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A," unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.
3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant per monthly invoice. Both parties agree that Consultant’s proposal to complete the Services is $91,800 and that the Services are anticipated to be completed by August 9, 2024.
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and sub - consultant contracts.
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses . If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as offic ers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.
5. Standard of Care . Consultant represents and warrants that it has the qualifications, experience and facilities nec essary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services descri bed herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields.
Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the sta ndard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best 118
3 judgment while performing the Services , and shall comply with and keep themselves informed of all applicable laws and regulations.
6. Identity of Subcontractors and Sub -Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing : (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre -approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. Subcontractor Provisions . Consultant shall include in its written agreements with its subcontractors, if any, provisions which : (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City ; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant ; and (c ) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
8. Power to Act on Behalf of City . Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make repres entations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. Record Keeping; Reports . Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and five (5) copies of all final reports prepared by Consultant under this Agreement.
10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work P roduct as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
11. Confidentiality. A ll data, reports, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, 119
4 unless otherwise provided by law or expressly authorized by City . Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services , except to its agents, employees , affiliates , and subcontractors who need such confidential information in order to properly perform their duties relative to th is Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s se rvices are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the pe rformance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of inte rest for purposes of this section. City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. Non-liability of Officers and Employees . No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a d efault or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.
City reserves the right to employ other consultants in connection with the Services.
16. Termination of Agreement . This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a. Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant.
b. Termination by City or Consultant: For Cause . Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure to cure within that time period.
c. Compensation to Consultant Upon Termination . In the event termination is not due to fault attributable to Consultant and provided all other conditi ons for payment have been met, 120
5 Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein . In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination . Upon receipt of a termination notice (or completion of this Agreement), Consultant shall : (i) promptly discontinue all Services affected (unless the notice directs otherwise) ; and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.
17. Insurance. Consultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " _" attached hereto and incorporated herein by this reference. All insurance policies shall be sub ject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.
18. Indemnity and Defense . Consultant hereby agrees to indemnify, defend and hold the City, its officials, offi cers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nat ure arising out of the acts, errors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Consultant or its subcontractors relating to the performance of Services described herein.
Consultant's duty to defend and indemnif y City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.
Consultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense and/or indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during th e term of this Agreement for a period of two (2) years.
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6 19. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the t erms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
20. Form and Service of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: Chief Greg Garner To Consultant:
City of Sanger 222 Central Ct
1700 7th Street Stockton, CA 95204
Sanger, CA 93637
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
21. Entire Agreement . This Agreement , including the attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein . This Agreement may be amended only by written instrument signed by both City and Consultant.
22. Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
23. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
24. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be cons trued to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
25. Applicable Law and Interpretation and Venue . This Agreement sh all be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreeme nt is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
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7 26. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
27. Amendments and Waiver . This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing sign ed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provis ion. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
28. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
29. Execution in Counterparts . This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with al l signatures appended together, shall be deemed a fully executed Agreement.
30. Non-Discrimination. Consultant shall not discriminate on the basis of any protect ed class under federal or State law in the provision of the Services or with respect to any C onsultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
31. Compliance with All Laws . In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
Now, therefore, the City and Consultant have ex ecuted this Agreement on the date(s) set forth below.
LDA Partners, Inc. CITY OF SANGER
By:___________________________ By: ______________________________ William Oren, AIA Nathan Olson, City Manager
Date: __________________ Date: ______________________
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8 EXHIBIT A
SCOPE OF SERVICES
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Proposal February 9, 2024
Sanger Communications Center Page 1 of 5
February 9, 2024
Greg Garner
C
hief
Sanger Police Department
1700 7th Street
Sanger, CA 93657
R
E: Proposal for Professional Services
Concept Design Services
Dear Chief Garner,
Thank you for the opportunity to provide this fee proposal for design, architectural, and engineering services between LDA Partners, Inc. (ARCHITECT) and the City of Sanger (OWNER) for the creation of a new communications center near the existing police station. We have provided this proposal and fee based on the project description within the RFP: “ Conceptual
Plans and Plan Specifications for New Sanger Police Department Communications Center” and information gathered in the selection process.
A. PROJECT DESCRIPTION:
The project consists of providing design and architectural services for a new communications building for the Sanger Police Department in Sanger, CA. We anticipate that the new single-story building will be approximately 1,000 – 1,500 square feet and will be constructed with CMU exterior walls and a wood or steel-framed roof. The initial concept is not developed, but a dispatch occupancy with toilet facilities and break area is assumed.
We understand that there may also be work related to the main headquarters building on site; however, the full scope related to the existing building has not yet been determined. To determine this scope, we are proposing a phased project, the first phase will included programming, building evaluation, and conceptual design that will assist the City and its Police Department in determining the final project scope. The future second phase will include the development of project construction drawings and specifications based on the final project direction. At this time, the second phase is not included with this fee proposal.
B. SCOPE OF SERVICES:
TASK 1.0: MASTERPLAN, PROGRAMMING, SITE CONCEPT DESIGN, & BUILDING CONCEPT DESIGN:
In this phase, the ARCHITECT will engage the OWNER to analyze the site, the existing police building, the space needs of the department (programming) and develop conceptual options for the overall project including new building design and potential tenant improvements to the existing headquarters.
1.1 PREPARE SITE ANALYSIS:
A comprehensive site analysis will be performed to investigate the specific site elements and opportunities including: topographic and boundary survey, utility locating, site evaluation and concept design including site access, privacy, secure perimeter, daylighting analysis, and tree canopy coverage.
1.2 VISIONING & PROGRAM:
1. The ARCHITECT will facilitate a visioning session with the OWNERs. This visioning session will establish project direction and priorities. This meeting will discuss overall project goals, sustainability goals, precedent and inspirational projects, critical success factors, and project schedule.
2. The ARCHITECT will meet with the OWNER to confirm building and site areas, usage, equipment needs, access, acoustic, audio/visual and other requirements, and the space needs of each building area. 125
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3. The ARCHITECT will develop a program draft document listing each space, its equipment, and space adjacencies. This program document will be shared with the OWNER for comment. The ARCHITECT will provide one (1) revision to the program based on owner comments and produce a final program document.
This final program document will tabulate all the project space requirements for a total area need. This tabulation will guide the project team as the various concept designs developed and compared. This will also form a baseline need if project scope shifts in the future.
1.3 SITE AND ARCHITECTURAL CONCEPTS:
1. The ARCHITECT will produce preliminary concept analysis, concept designs, and work with the OWNER to develop a final approved concept design.
2. Conduct a floor plan workshop charette with OWNER. This charette workshop will be facilitated by the ARCHITECT using 2d and 3D models to generate refinement of the preliminary options.
3. Identify potential utility connection points to determine optimal utility routing of services.
4. A final building design will be presented including:
a. Overall site plan showing the design intent for the project. b. Conceptual Architectural Floor Plans depicting major spaces, building areas, and circulation. c. Conceptual Architectural Building Elevations conveying character, scale, materials, openings, and special architectural features.
d. A project schedule will be provided with concept documents. Schedule will estimate planning approval duration, planning and design durations, permit approval duration, contractor selection duration, and anticipated construction timelines.
TASK 2.0 – SCHEMATIC DESIGN, DESIGN DEVELOPMENT, & CONSTRUCTION DOCUMENTS:
Under separate contract due to unknown scope.
C. SCHEDULE:
TASK 1.1 – SITE ANAL YSIS & BUILDING EVALUATION 6 weeks TASK 1.2 – VISIONING & PROGRAMMING 4 weeks
TASK 1.3 – SITE AND ARCHITECTURAL CONCEPTS 8 weeks
D. FEE:
Services described under Section A, Scope of Services, will be performed for the lump sum fee value of:
Design Fee: $ 86 ,800 …………………(eighty six thousand and three hundred and sixty five dollars) Reimbursable allowance: $ 5,000
Total: $ 91,800 ……………………………………………….(ninety one thousand eight hundred dollars) R
eimbursable expenses are in addition to the compensation for basic services and shall include the actual expenditures made by the Architect and his employees in the interest of the project, at cost plus, which are itemized as follows:
• Shipping/Postage
• Computer Plotting
• 24 x 36 Plot( in-house): $5.00
• 30 x42 Plot (in-house): $7.50
• Mileage: Federal Rate
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Our office thanks you for the opportunity to work with your team to achieve a successful project. If you have any questions, please do not hesitate to contact me.
Sincerely,
Will Oren, AIA
Director of Architecture
E. GENERAL EXCLUSIONS:
1. Reproduction Costs are not included.
2. Governmental fees required by this work are not included.
3. Any geotechnical investigation and reports are not included.
4. Arborist services and report are not included in this proposal.
5. Design services, surveys, specifications and procedures related to asbestos and hazardous materials abatement are not included in this proposal.
6. Additional services beyond those listed herein are excluded,
7. Submittal to or preparation of documents for submittal to Caltrans, Fish and Game, or US Corps of Engineers are excluded from this proposal.
8. The design, engineering, and preparation of construction documents for any fire protection system, etc. are not included in this proposal.
9. Any off-site improvements or easement acquisition.
10. Storm Water Quality Control Plan.
11. Public plan and profile.
12. Site QSD/ QSP services.
13. Phase 1 analysis, CEQA, and/or removal of asbestos or other hazardous materials.
14. Title Reports and supplemental documentation, ALTA Survey/Record of Survey, Boundary Survey (the Client’s Title Company should be contacted for the fees associated with these services).
15. Planning and environmental studies, applications or permitting with local, state and federal agencies.
16. Flow and pressure tests on existing water system and/or fire hydrants.
17. Off-Site Analysis or Capacity Verification and/or Design of Storm, Sewer, or Water Utilities.
18. Grading and Earthwork Design and Quantity Calculations associated with Soil Contamination/ Remediation.
19. Final or Parcel Map preparation, submittal and processing.
20. Interior Design
21. LDA Partners, Inc cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others.
22. Additional services caused by project delays or interruption are excluded.
23. Any improvements to adjacent properties are excluded.
24. Destructive investigation of existing conditions are excluded. If this is necessary, we will rely upon the Owner to provide.
25. Revisions to plans beyond the initial revisions and those required by plan review contemplated herein. Any revisions beyond those contemplated will be performed on an hourly basis, in accordance with the schedule listed herein.
26. Signage beyond that required by Code is excluded.
27. Commissioning is excluded.
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28. LEED Documentation and or verification is excluded from this proposal.
29. Selection of furniture, fixtures, or equipment is excluded.
30. Graphic representations of the design concepts other than those studies prepared by our office for use in conveying design intent. Any marketing materials, renderings, models, etc., will be provided as additional services.
31. Building condition evaluation is excluded from this proposal.
32. Measured drawing of existing structures are excluded from proposal.
33. Should the project be terminated or extended beyond sixty days from the date of this proposal the Architect shall be compensated for all services performed to date. All work will be billed on a monthly basis for service performed to date. All monthly billings not paid within 30 days shall be considered past due, and shall accrue interest from the 31st day at a rate of 1-1 /2% per month or 18% per annum. The Architect may at his discretion terminate services if payments are not made within 30 days.
34. Changes to the scope of work shall be subject to renegotiation. This proposal is subject to renegotiation if not agreed upon within sixty (60) days. The OWNER agrees to defend, indemnify, and hold the ARCHITECT his employees, and consultants harmless from any claim or third party claim related to services for the investigation of or remedial work related to asbestos, toxic, hazardous, and/or dangerous materials resulting from the services provided by the ARCHITECT pursuant to this Agreement.
35. Services provided by the ARCHITECT and its CONSULTANTS will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.
F. Hourly Rates:
Architecture:
Principal Architect: $280.00/hour
Project Manager/ Architect: $250.00/hour
Planner: $200.00/hour
Designer / Interior: $175.00/hour
Draftsperson: $150.00/hour
Clerical/Staff: $95.00/hour
CIVIL ENGINEERING:
Principal-in-charge / engineer of record $230/hour
Project manager / senior engineer or surveyor $190/hour Project engineer / surveyor $165 /hour
Design engineer / surveyor $140 /hour
Senior drafter / modeler $140 /hour
Drafter / modeler/ project manager assistant $110 /hour Survey party chief (w/equipment in the field) $185 / $245*/hour Survey field technician (w/ Party Chief in the field) $85 / $115* /hour * Regular Rate / Prevailing Wage Rate
STRUCTURE:
Principal-in-charge / engineer of record $230 /hour
Project manager / senior engineer or surveyor $190 /hour Project engineer / surveyor $165 /hour
Design engineer / surveyor $140 /hour
Senior drafter / modeler $140 /hour
Drafter / modeler/ project manager assistant $110 /hour 128
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Survey party chief (w/equipment in the field) $185 / $245*/hour Survey field technician (w/ Party Chief in the field) $85 / $115* /hour * Regular Rate / Prevailing Wage Rate
ELECTRICAL:
Principal $290/hour
Associate $250/hour
Senior Engineer $240/hour
Senior Lighting Designer $230/hour
Project Manager $230/hour
Project Engineer $220/hour
Designer $210/hour
BIM Technician $180/hour
Administrative Staff $135/hour
MECHANICAL/PLUMBING:
Sr. Principal $260 / hour
Principal $236 / hour
Director $228 / hour
Sr. Project Manager $217 / hour
Project Manager $208 / hour
Field Services $204 / hour
Senior Engineer $185 / hour
Engineer $168 / hour
Senior Designer $159 / hour
Designer $146 / hour
Technician / CADD $127 / hour
Intern $134.50 / hour
Project Administrator $113.50 / hour
Sr. Admin. $79.50 / hour
Clerical / Admin. $63.50 / hour
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9 EXHIBIT B
INSURANCE
A. Insurance Requirements
i. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided by the City.
iii. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.
B. Business Automobile Liability
i. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISP Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
C. Workers’ Compensation and Employers’ Liability
i. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least one million dollars ($1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
D. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
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10 iii. Evidence of Insurance – Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers – Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher.
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For the Meeting of: March 7, 2024
Agenda Item No.: J-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Becky Padron, City Clerk
Hilda Cantu Montoy, City Attorney
Subject: Rules of Procedure for Conducting City Council Meetings Attachments: Resolution No. 2024-09
Rules of Procedure
RECOMMENDATION:
It is recommended that the Council adopt Resolution No. 2024-09 Establishing Rules of Procedure for Conducting City Council Meetings.
EXECUTIVE SUMMARY:
Government Code Section 36813 authorizes the City Council to establish rules for conducting City Council meetings. The adoption of meeting rules contribute to the efficient and orderly conduct of the City’s business and will be convenient for Council, staff, and members of the public. The proposed rules have been prepared by the City Clerk and City Attorney. The rules will serve as a guide so that there is a common understanding of how the City Council conducts its meetings.
We have endeavored to provide detailed information to assist the Council in conducting their meetings as well as to provide members of the public with the procedures and reasons for such procedures (e.g., the Brown Act). While attempting not to be overly restrictive, the rules are articulated in a manner to guide Council Members in their actions and to explain the procedures to members of the public.
DISCUSSION:
The Rules provide a summary of important aspects of City Council meetings consistent with applicable laws.
Rule 1 . General. This rule addresses the authority and purpose of the rules as well as applicable laws and reference to the Code of Conduct.
Rule 2. Meetings. This rule addresses the Brown Act, types of meetings, quorums, closed sessions and the role of the City Manager, City Attorney, City Clerk and employees.
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Rule 3. Duties. This rule provides the duties of the Mayor, Mayor Pro-Tem and Presiding Officer.
Rule 4. Agendas. This rule includes the various requirements for agendas for regular and special meetings, the agenda order, how items are placed on the agenda, posting, availability of documents for members of the public, adding items to the agenda, minutes, public hearings, and consent calendar.
Rule 5 . Public Participation. This rule provides detailed language concerning public participation at meetings such as public comments at meetings, manner of addressing the Council, time limits, rules of order and decorum. The rules of decorum mirror the text of the ordinance.
Rule 6. Conflicts of Interest and Campaign Contributions. This rule addresses disclosure of conflicts of interest.
Rule 7 . Ordinances, Resolutions, and Contracts. This rule explains the proc ess for document approval including resolutions and ordinances, the number of votes required.
Rule 8. Procedures for Public Hearings. This rule sets forth the procedures for conducting public hearings.
Rule 9. Boards, Commissions, and Committees. This rule explains appointments.
Rule 10. Suspension and Amendment of Rules. This rule describes process for suspension and amendment.
Rule 11. Miscellaneous Rules. This rule includes miscellaneous rules for roll call, silence, abstentions, and continuance of agenda items.
Rule 12. Rules of Debate.
REASON FOR RECOMMENDATION:
To serve as a consistent and documented guide to the Council, staff, and members of the public.
ACTIONS FOLLOWING APPROVAL:
Upon adoption, the rules will be distributed to staff and posted on the City’s website. The Rules will be maintained by the City Clerk.
133
RESOLUTION NO. 2024-09
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER ADOPTING
RULES OF PROCEDURE FOR CONDUCTING CITY COUNCIL MEETINGS
WHEREAS, Government Code Section 36813 authorizes the City Council to establish rules of procedure for the conduct of City Council meetings; and
WHEREAS, the adoption of rules of procedure will contribute to the orderly conduct of the City’s business and will be convenient for members of the public.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sanger as follows:
Section 1. The foregoing recitals are incorporated by reference as if fully set forth.
Section 2. The City Council adopts the City of Sanger Rules of Procedure for the Conduct of City Council Meetings (“Council Meeting Rules of Procedure”) attached as Exhibit A to this Resolution. These Rules supersede any prior rules and procedures regarding City Council Meetings adopted by resolution, minute order, or past practice, including, but not limited to , Chapter 3 of the Rules of Procedure of the Sanger City Council.
Section 3. This Resolution shall take effect upon adoption.
I hereby certify that the foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council held on the 7 th day of March 2024,
and approved by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
___________________________________
Rebeca Padron, City Clerk
134
CITY OF SANGER
RULES OF PROCEDURE
FOR THE CONDUCT OF
CITY COUNCIL MEETINGS
Adopted: ____________
135
i
TABLE OF CONTENTS
RULE 1. GENERAL. ................................................................................................................................. 1 A. Authority and Purpose.. ................................................................................................................... 1 B. Applicable Laws. ............................................................................................................................. 1 C. Code of Conduct. ............................................................................................................................. 1 D. E- mail, Text Messages, or Electronic Communications.. ................................................................ 1 RULE 2. MEETINGS. ............................................................................................................................... 1 A. Brown Act.. ...................................................................................................................................... 1 B. Types of Meetings............................................................................................................................ 1 C. Location of Meetings. ...................................................................................................................... 2 D. Meeting Dates/Time......................................................................................................................... 2 E. Teleconferencing.............................................................................................................................. 2 F. Quorum.. .......................................................................................................................................... 2 G. Closed Sessions.. .............................................................................................................................. 3 H. Minutes of Proceedings.................................................................................................................... 3 I. Right of Floor. .................................................................................................................................. 3 J. City Manager. .................................................................................................................................. 3 K. City Attorney. .................................................................................................................................. 3 L. City Clerk.. ....................................................................................................................................... 3 M. Department Heads/Employees. ........................................................................................................ 3 RULE 3. DUTIES. ..................................................................................................................................... 3 A. Mayor. ............................................................................................................................................. 3 B. Mayor Pro-Tem.. .............................................................................................................................. 4 C. Presiding Officer.. ............................................................................................................................ 4 RULE 4. AGENDAS. ................................................................................................................................. 4 A. General.. ........................................................................................................................................... 4 B. Regular Meeting Agendas.. .............................................................................................................. 4 C. Special Meeting Agendas.. .............................................................................................................. 5 D. C ont
ent of Agenda for Meetings. ..................................................................................................... 5 E. Placing Items on the Agenda. .......................................................................................................... 5 F. Posting of Regular Meeting Agendas and Special Meeting Notices.. ............................................. 6 G. Availability of Agenda Documents.. ............................................................................................... 6 136
ii
H. Additions to Agenda. ....................................................................................................................... 7 I. Minutes. ........................................................................................................................................... 7 J. Public Hearings. ............................................................................................................................... 7 K. Consent Calendar. ............................................................................................................................ 7 L. Action Limited to Posted Agenda. ................................................................................................... 7 RULE 5. PUBLIC PARTICIPATION. .................................................................................................... 8 A. Public Comment on Agenda Items.. ................................................................................................ 8 B. Public Comment on Matters Not on Agenda (Public Forum).......................................................... 8 C. Manner of Addressing the City Council.. ........................................................................................ 8 D. Time Limits for Public Comments. ................................................................................................. 8 E. Rules of Order and Decorum at Meetings. ...................................................................................... 8 RULE 6. DISCLOSURE OF CONFLICTS OF INTEREST AND CAMPAIGN CONTRIBUTIONS. .................................................................................................................................. 10 A. Conflicts of Interest........................................................................................................................ 10 B. Levine Act. ..................................................................................................................................... 11 RULE 7. ORDINANCES, RESOLUTIONS AND CONTRACTS. ..................................................... 11 A. Document Approval. ...................................................................................................................... 11 B. Ordinance Introduction/Adoption.. ................................................................................................ 11 C. Number of Votes Required. ........................................................................................................... 11 D. Ordinance Preservation.. ................................................................................................................ 12 RULE 8. PROCEDURES REGARDING PUBLIC HEARINGS. ....................................................... 12 A. Hearing Opened.. ........................................................................................................................... 12 B. Order of Proceedings. .................................................................................................................... 12 C. Testimony Time Limits.................................................................................................................. 12 D. Motions. No motions may be made until a hearing is closed. ...................................................... 13 E. Public Hearing Closed. .................................................................................................................. 13 RULE 9. BOARDS, COMMISSIONS AND COMMITTEES. ............................................................ 13 A. Creation.. ........................................................................................................................................ 13 B. Appointments.. ............................................................................................................................... 13 RUL
E 10. SUSPENSION AND AMENDMENT OF RULES. ............................................................. 13 A. Suspension.. ................................................................................................................................... 13 B. Amendment. ................................................................................................................................... 13 RULE 11. MISCELLANEOUS RULES. ............................................................................................... 14 137
iii
A. Roll Call Votes.. ............................................................................................................................. 14 B. Silence.. .......................................................................................................................................... 14 C. Abstentions.. .................................................................................................................................. 14 D. Continuance of Agenda Item. ........................................................................................................ 14 RULE 12. RULES OF DEBATE. ........................................................................................................... 14 A. Rules of Order.. .............................................................................................................................. 14 B. Obtaining the Floor.. ...................................................................................................................... 14 C. Motions. ......................................................................................................................................... 14 D. Questions of Order and Appeals to Rulings of Presiding Officer. ................................................. 14 E. Point of Order. ............................................................................................................................... 14 F. Appeals. ......................................................................................................................................... 15 G. Types of Motions. .......................................................................................................................... 15
138
1 CITY OF SANGER
RULES OF PROCEDURE FOR THE CONDUCT
OF CITY COUNCIL MEETINGS
RULE 1. GENERAL.
A. A uthority and Purpose . The City of Sanger establishes these Rules of Procedure (“Rules”) for the conduct of City Council meetings pursuant to Government Code Section 36813.
These Rules shall be in effect upon adoption by the City Council and shall remain in effect until such time as they are amended or repealed or new rules are enacted by the Council.
B. A
pplicable Laws . These Rules of Procedure are in addition to, and not in place of, applicable ordinances and statutes. In the event of a conflict between any part of these Rules and applicable ordinances and statutes, the latter shall govern.
C. C
ode of Conduct . Members of the Council and staff shall abide by the City’s Code of Conduct which was adopted by Council Resolution 2021-63.
D. E
- mail, Text Messages, or Electronic Communications . Council Members shall not use email, text messages, or other electronic communication during Council Meetings to send or receive communications to each other concerning the subject matter before City Council at the time of the communication.
RUL
E 2. MEETINGS.
A. B rown Act . All meetings are subject to the Brown Act. In the event these Rules are in conflict with the Brown Act, the Brown Act shall prevail. All meetings (except closed sessions authorized by the Brown Act) shall be open to the public. No member of the public shall be required, as a condition to attendance at a City Council meeting, to register his or her name, to provide other information or otherwise to fulfill any other condition precedent to attendance.
B. T
ypes of Meetings .
1. R egular Meetings . Regular meetings are meetings occurring at the dates, times, and locations set forth by ordinance and these Rules or other formal action of the City Council. Regular meetings are subject to 72 -hour agenda posting requirements. See Rule 4.
2. S
pecial Meetings . Special meetings are meetings called by the Mayor or majority of the Council to discuss only discreet items on the agenda under the Brown Act’s notice requirements for special meetings. Special meetings are subject to 24-hour notice and agenda posting requirements. Under the Brown Act, Special Meetings only require that members of the public be allowed to speak on items on the agenda.
In other words, a general public forum is not required at Special Meetings.
3. E
mergency Meetings . Emergency meetings are a limited and rare class of meetings which may be held when immediate and prompt action is necessary due to actual or threatened disruption of public facilities. Emergency meetings may be 139
2 conducted as authorized in Government Code Section 54956.5 in the event of an “emergency situation” as defined in Government Code Section 54956.5. The special meeting provisions apply except for the 24-hour written notice requirement.
4. A
djourned Meeting s. Adjourned meetings are regular or special meetings that have been adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted beyond those items on the agenda. Such orders of adjournment shall be posted.
C. L
ocation of Meetings. The Council ordinarily meets at City Hall, 1700 7th Street, Sanger, CA 93657. The Council may conduct its meetings at other locations within the City provided that the alternate location is duly noticed on the posted agenda.
D. M
eeting Dates/Time .
1. R egular Meetings .
a. Per Section 2-26 of the City of Sanger City Code (SCC), the City Council regular meetings are held on the first and third Thursday of each month.
Regular meetings of the City Council shall begin at 6:00 p.m. in the Council Chamber of City Hall. In the event SCC Section 2- 26 is amended, these Rules shall be deemed automatically amended.
b. T
he Council may meet at other locations within the City to ac commodate members of the public, provided the alternate location is duly noticed in the posted agenda.
c. A C
ouncil meeting will typically not be held in the e vent that a regular meeting of the Council falls on a legal holiday. In such event or in the event a quorum of the Council will not be present at a regular meeting, the Council may set another date for that meeting or cancel the meeting.
d. Council Members should inform the City Clerk as soon as possible if they intend to be absent from a meeting.
e. City Council meetings shall end, as appropriate, by no later than 10:00 p.m.
At 10:00 p.m., the City Council will vote to either proceed with the meeting or carry the remaining items over to the following City Council meeting.
E. T
eleconferencing . As permi tted by the Brown Act, arrangements may be made in order for Council Members to remotely participate in Council meetings provided that all requirements of the Brown Act regarding teleconferencing are met. There are instances when teleconferencing is requi red by law for certain public hearings. In such instances, the City will comply with teleconferencing requirements.
F. Q
uorum. Three members of the Council constitute a quorum necessary to transact Council business. In the event a quorum is not in attendance, those attending will be named in the minutes. If no quorum is present, the Mayor, Mayor Pro Tem or any member of the Council 140
3 shall adjourn such meeting, and if no member of the Council is present, the City Clerk shall a
djourn the meeting. See Rule 7 for number of votes required for taking action. In the event a member of the Council must leave the room as required under the Political Reform Act because of a conflict of interest, that person may not be counted towards a quorum.
G. C
losed Sessions. Closed sessions may be held at any regular or special meeting for any purpose authorized under the Brown Act. Council actions shall be governed by the Brown Act. Public comments on any item to be heard in closed session shall be received prior to a clos ed session. No discussions in closed session shall take place without a quorum present.
W
hen required by state law, actions taken in closed session shall be announced in open session promptly after the closed session. A place may be listed on the agenda for such announcements. After closed sessions, the Council will reconvene in open session and the City Attorney shall make any such required announcements prior to final adjournment of the meeting.
H. M
inutes of Proceedings . An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into the official Minute Book of the City Council.
The minutes shall be posted on the website and shall be available for inspection by the public.
I. R
ight of Floor . A member desiring to speak shall first be recognized by the Mayor and shall confine his or her remarks to the subject under consideration.
J. C
ity Manager . The City Manager shall attend all meetings of the Council unless excused.
If absent , the City Manager shall designate a substitute. The City Manager may make recommendations and shall have the right to take part in all discussions of the Council, but shall have no vote.
K. C
ity Attorney . The City Attorney shall attend all meetings of the Council unless excused.
If absent, the City Attorney shall designate a substitute. The City Attorney shall give opinions, either written or oral, on questions of law and shall serve as the Council’s parliamentarian.
L. Cit
y Clerk . The City Clerk shall attend all mee tings of the Council unless excused. If absent, the Deputy City Clerk shall designate a substitute. The City Clerk shall prepare and post the agenda, record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or the City Manager.
M. D
epartment Heads/Employees . Department Heads and City employees, as directed by the City Manager, shall attend Council meetings.
RUL
E 3. DUTIES.
A. M ayor . The Mayor shall be a member of the Council and shall have all of the powers of a Council M ember. When the terms “Council” and “Council Member ” are used in these Rules, they include the Mayor.
141
4 B. M ayor Pro -Tem. The Mayor Pro-Tem shall perform the duties of the Mayor whenever the Mayor is absent or is unable to perform such duties.
C. P residing Officer . The Mayor shall serve as Presiding Officer at all Council meetings. In the Mayor’s absence, the Mayor Pro-Tem shall serve as Presiding Officer. In the absence of both, the Council Members present shall select a Presiding Officer.
1. C all to Order . The Mayor shall call the meeting to order at the hour appointed. In the absence of the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the City Clerk and those Council Members present shall proceed to select a temporary Presiding Officer.
2. P
reservation of Order. The Mayor shall preserve strict order and decorum, and shall confine debate to the item under discussion.
3. P
oint of Order . The Mayor shall determine all points of order, subject to the right of any Council Member to appeal the decision to the full Council. If an appeal is taken, the question to the Council shall be: “Shall the decision of the Mayor be sustained?”
4. M
otion to be Stated. The Mayor shall state any motion submitted for a vote and shall announce the result of all votes. A roll call shall be taken at the request of any Council Member or, if required by law, for certain remote conferencing.
5. R
ecess. The Mayor may call a recess at his or her discretion.
RULE 4. AGENDAS.
A. G eneral . The term “Agenda” as used in these rules apply to regular meeting agendas and to special meeting notices and agendas.
B. R
egular Meeting Agendas . The following shall be th e general order of business. The Council may decide to change the order during the Approval of the Agenda or as deemed necessary during a meeting. The City Manager may also direct that an agenda be prepared with a different order to meet needs of Council Members or consultants.
1. Call to Order.
2. Opening Ceremonies (Roll Call, Invocation, and Flag Salute).
3. Approval of Agenda.
4. Presentations. (No action may be taken on such matters.) [for clarification, the text in parentheses will be on agenda to eliminate confusion]
5. Public Forum.
6. Consent Calendar.
7. Public Hearings.
8. Department Reports.
9. City Manager/Staff Communications.
10. Matters Initiated by Council Members.
(This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public 142
5 events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)
11. Adjournment.
C. S
pecial Meeting Agendas . The following outlines the general order of business for special meetings. Under the Brown Act, the general public comment section is not required but the agenda shall note that members of the public shall have an opportunity to provide comments on agenda items. For Special Meetings, only those matters specified in the Special Meeting Notice and Agenda may be discussed at the meeting. The Special Meeting Notice and Agenda shall provide an opportunity for members of the public to address the Council on any items on the agenda before action is taken.
1. Call to Order
2. Roll Call
3. Flag Salute
4. Approval of Agenda
5. Express Notice that Public May Comment on Items on the Agenda
6. List of Items to be considered by Council
7. Adjournment
D. C
ontent of Agenda for Meetings.
1. The Agenda is prepared by the City Clerk under the direction of the City Manager.
The City Clerk works with the City Attorney to ensure that items are worded correctly and meet legal requirements and to ensure that required notices, publication, and hearin g requirements have been met prior to placement of items on the agenda. The agenda shall be posted and transmitted to the Mayor and City Council at least 72 hours before a regular meeting and 24 hours before a special meeting. The agenda may not be amended within 72 hours of a regular meeting and within 24 hours of a special meeting.
2. The Agenda shall specify the time, date, and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting, including closed sessions items.
E. P
lacing Items on the Agenda.
1. G eneral : The City Manager shall determine items for placement on the agenda except for Closed Sessions at the request of the City Attorney.
2. C
ity Council : At a City Council meeting, a majority of the Council may direct that items be placed on a future meeting agenda. Such direction will be made during the part of a Regular Meeting Agenda called “Matters Initiated by Council Members.” The City Manager in consultation with the City Att orney will determine whether an item requested by the Council requires that other procedures be followed prior to placement on the Agenda. For example, some action items require a notice of public hearing by publication or consideration by the Planning Commission. The City Manager will advise the Council of such requirements and 143
6 place the item on the Agenda when such requirements have been met.
3. M embers of the Public: Requests by members of the public for placement of an item on the Agenda shall be made to the City Clerk. The City Clerk will consult with the City Manager who shall determine if and when such matters shall be placed on the Agenda. If the matter is not placed on the Agenda, the member of the public may make a request to a Council Member or to the Council at a regular meeting during public comment.
F. P
osting of Regular Meeting Agendas and Special Meeting Notices . Per the Brown Act, the City Clerk shall post the Agenda for regular meetings at the front entrance of the City Hall, and the City website and send a copy thereof to the Sanger Library at least 72 hours before any regular meeting. The same process shall be followed for the posting of Special Meeting Notices except that the posting is to be done at least 24 hours prior to the meeting as required by the Brown Act and the posting will be referred to as Special Meeting Notice and Agenda.
G. A
vailability of Agenda Documents. The documents and materials regarding the agenda items will be posted on the City’s website with the Agenda and are available in the City Clerk’s Office. Documents not posted at the time the Agenda is posted will be distributed as described below. A binder with the documents and materials regarding the agenda will be made available at City Hall.
1. Per the Brown Act under Government Code 56957.5, if a writing is a public record related to an agenda item (hereafter ‘writing’) for an open session of a regular meeting of the Council and is distributed to all or a majority of all of the members of the Council less than 72 hours before that meeting, the writing shall be made available for public inspection and the following requirements apply:
a. City shall make available any writing described above for public inspection at a public office or location that the City designates for that purpose.
b. Agendas shall list the address where such writings are available for public inspection.
c. Posted on the City website.
2. If the foregoing requirements are not met, the following requirements apply:
a. The initial staff report containing an executive summary and recommendation regarding the agenda item must be made available to the public at least 72 hours before the meeting. This requirement is satisfied by posting both the agenda and staff report with a recommendation on the City website.
b. The writing is posted on the City website in a position and manner that makes it clear that it relates to an upcoming agenda item.
c. The City must list the City’s web address of the City’s internet website on 144
7 the agendas for all meetings of the City Council.
d. The City must make physical copies available for public inspection at City Hall at least 24 hours before the Council meeting.
3. Writings that are public records and distributed during the Council meeting shall be made available for public inspection at the meeting if prepared by the City or a member of the Council, or after the meeting if prepared by some other person.
H. A
dditions to Agenda. In accordance with the Brown Act, at a regular meeting, the Council may add items of business to the Agenda under the following limited circumstances, after the Mayor publicly identifies the item if the following requirements are met:
1. Upon a majority vote that an “emergency situation” as defined in Government Code Section 54956.5 exists; or
2. U
pon a determination by a two- thirds vote (4 votes) or, if less than two -thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the City after the Agenda was posted; or
3. The item was posted for a prior meeting of the Council not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
I. M
inutes. The minutes may be approved without reading under the consent calendar if the City Clerk previously furnished a copy to each member via the agenda packet.
J. P
ublic Hearings . Items requiring a public hearing will be noticed as required by law. (Requirements for noticing hearings may differ. Staff responsible for public hearing agenda items shall coordinate with the City Clerk to insure proper notice requirements have been met.)
K. C onsent Calendar . Items listed under the Consent Calendar are those items staff b elieves will not require Council discussion and are routine in content. The Consent Calendar may be approved by one motion. Also listed under the Consent Calendar are resolutions confirming action from previous meeting s which are brought back for approval of form rather than approval of action or for minor correction and ratification. Items may be pulled from the Consent Calendar for separate discussion and action upon the request of any Council Member or member of the public.
L. A
ction Limited to Posted Agenda . No action or discussion may be taken on any item not appearing on the posted Agenda, except that Council Members or the City Manager may “briefly respond” (no more than 3 minutes) to statements made or questions posed by persons exercising their public testimony rights under the Public Forum. In addition, on their own initiative, or in response to question posed by the public, Council Members may ask questions for clarification, provide a reference to staff or othe r resources for factual information, request staff to report back at a subsequent meeting concerning any matter, or direct staff to place a matter of business on a future agenda. 145
8 RULE 5. PUBLIC PARTICIPATION.
A. P ublic Comment on Agenda Items. Pursuant to the Brown Act, members of the public must be given an opportunity to comment on action items on the Agenda of a regular meeting or special meeting. Each person’s comments will be limited to three (3) minutes.
Members of the public shall be afforded an opportunity to comment before a motion is made on an agenda item. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration.
Additionally, members of the public should strive to avoid unduly repeating their own or others’ testimony.
B. P
ublic Comment on Matters Not on Agenda (Public Forum) . At a regular meeting, members of the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. For Non- Agenda Items, each person’s comments will be limited to three (3) minutes. M embers of the public may not be prohibited from criticism of the policies, procedures, programs, or services of the City or acts or omissions of the City Council. The City Council may not take action on any matter raised during the Public Forum.
C. M
anner of Addressing the City Council . After being recognized by the Mayor , each member of the public addressing the City Council shall go to the podium and will be requested but not required to state their name and whom they represent. Each member of the public is encouraged, but not required, to also state his or her address. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof.
After public comment has been closed, no member of the public shall address the City Council on the matter under consideration without first securing Council approval.
D. T
ime Limits for Public Comments. Members of the public shall limit their remarks to three minutes per agenda item and three minutes under the Public Forum part of the agenda.
Time will be adjusted for speakers utilizing translation assistance as required by law.
I
f a speaker is being repetitious or discussing matters that are not relevant to the issue under consideration, the Mayor may limit the time period . The Mayor, with the City Council ’s consent, may shorten the time to accommodate a very lengthy agenda or when there is undue repetition on an item. The Mayor, with the City Council’s consent may also lengthen the time limit for complicated matters. The City Clerk shall monitor the time for each speaker and the Mayor shall be responsible for enforcing the time limit. When a group wants to present the position of the group, the group may identify itself and request to have their spokesperson speak for ten minutes. The Council will not entertain ad hoc requests to have one member of the public yield his or her time to another member of the public.
E. R
ules of Order and Decorum at Meetings. This section of the rules mirrors the language in Section 2-30 of the Sanger Municipal Code.
1. Meetings of the City Council must be conducted in an orderly manner to ensure that the public has an opportunity to be heard and that the Council’s deliberative process is not disrupted.
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9 2. The Presiding Officer at Council Meetings shall be the Mayor, Mayor Pro Tem, or, in their absence, another member so designated by the Council. The Presiding Officer is responsible for maintaining the order and decorum of meetings. Rules of Decorum and Order are intended to preserve the rights of persons addressing the Council and members of the audience at the meeting. This will allow the City Council to continue its work on behalf of the public.
3. While any meeting of the City Council is in session, the Rules of Decorum must be observed as follows:
a. A person, other than members of the Council and the person having the floor shall not be permitted to enter into the discussion or make comments unless requested by the Presiding Officer to speak.
b. All remarks shall be directed to the Council as a body, and not to any particular Council Member or member of staff.
c. Members of the Council shall wait until a person completes his/her/their public comments before asking questions or commenting. The Presiding Officer shall then ask Council Members if they have comments or questions.
d. While the City Council is in session, all persons addressing the Council and all persons in attendance must preserve order and decorum and not engage in disrupting behavior.
e. The Council Chamber is small. Signs, placards, banners, or other similar items shall not be permitted in the audience if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.
f. A person who attends a City Council meeting or who addresses the Council under public comment for a specific agenda item or under the general public comment section of the agenda may not engage in speech or conduct which:
i. disturbs the peace of the meeting by loud and unreasonable noise,
ii. is irrelevant or repetitive,
iii. goes beyond the time allowed for public comment,
iv. disrupts, disturbs, impedes or renders infeasible the orderly conduct of any City Council meeting, or
v. is likely to provoke others to violent or riotous behavior.
4. D
isrupting Behavior . The Presiding Officer is authorized to remove, or cause the removal of, an individual for disrupting a Council meeting. The term “disrupting” as used in this section means: (i) a failure to comply with reasonable and lawful 147
10 regulations adopted by the Council including the Rules in this Section 2-30, and/or (ii) engaging in behavior that constitutes the use of force or a true threat of force.
5. E nforcement . The Presiding Officer shall be responsible for maintaining the decorum of the public meeting in a fair manner and for enforcing the rules of decorum.
6. E nforcement Warning Required. In the event a person breaks the rules of decorum in a manner that disrupts the meeting, the Presiding Officer shall warn a person who is breaching the rules of decorum to cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the Presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Presiding Officer may request the Police Chief or Police Chief’s designee to remove the person from the Council meeting. In the event there is no one from law enforcement present, the Presiding Officer may direct the City Manager to contact law enforcement.
7. N
o Warning for Use of Force or True Thre at of Force. The Presiding Officer is not required to give a warning to a person who is breaching the rules of order and decorum when the individual engages in behavior that constitutes use of force or a true threat of force. The Presiding Officer may order the person to leave the City Council Meeting. If the person does not leave, the Presiding Officer may request the Police Chief or Police Chief’s designee to remove the person from the Council meeting. In the event there is no one from law enforcement present, the Presiding Officer may direct the City Manager or other staff person to contact law enforcement. The term “true threat of force” means a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
8. P
enalties . Pursuant to Section 1-23 of this Code, a violation of this Section 2-30 is a misdemeanor. Depending on the nature of the disruptive conduct, a person engaging in disruptive conduct may be subject to an infraction or misdemeanor for violation of this code and/or subject to prosecution under the California Penal Code.
9. A
djournment . If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the Presiding Officer, or by a majority of the Council, and any remaining Council business may be considered at the next meeting.
RUL
E 6. DISCLOSURE OF CONFLICTS OF INTEREST AND CAMPAIGN
CONTRIBUTIONS.
A. C onflicts of Interest.
The Political Reform Act prohibits any public official from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which the public official knows or has reason to know he or she has a financial interest.
Public officials who must comply with this Rule include, but are not limited to City Manager, City 148
11 Attorney, Director of Administrative Services, City Clerk (collectively referred to as “Staff” in this Rule) and Members of the City Council.
1. R equirements for Members of City Council with Conflict of Interest .
A public official who holds an office specified in Government Code Section 87200, and has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public.
b. Recuse himself/herself from discussing, participating and voting on the matter, or otherwise acting in violation of Government Code Section 87100.
c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless a matter is on the Consent Calendar.
2. R
equirements for Staff. Staff with a conflict of interest shall be required to recuse themselves from all participation in the subject matter.
B. L
evine Act .
Pursuant to the Levine Act (Government Code Section 84308), members of the City Council and any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are asked to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and date the contribution was made.
RULE 7. ORDINANCES, RESOLUTIONS AND CONTRACTS.
A. D
ocument Approval . All ordinances and contracts shall be approved as to form and legality by the City Attorney and as to content by the City M anager before submission to the Council and before execution.
B. O
rdinance Introduction/Adoption. Unless a member requests a full reading, a proposed ordinance will be read by title only.
C. N
umber of Votes Required. Per Government Code Section 36936, an affirmative vote of at least three members of the full Council shall be necessary to adopt any ordinance, resolution, or orders for payment of money. Urgency and emergency ordinances must be adopted by at least 4 votes of the Council. Resolutions of necessity (to command eminent domain) must be adopted by 4 votes of the Council. Other motions and other matters may be adopted or approved by the majority of those present except as required by State law. 149
12 D. O rdinance Preservation . T he City Clerk will assign a number to the ordinance when posting on the agenda and publish and post the ordinance or a summary thereof as required by law. The ordinance shall be filed and preserved in the City Clerk’s office. The City Clerk shall also send copies of approved ordinances to the Municipal Code Publisher.
RUL
E 8. PROCEDURES REGARDING PUBLIC HEARINGS.
Public hearings are matters which require a notice of publication or mail and are required to be heard on a set date and time. If specific local or state statutes require different requirements, those statutes shall prevail.
A. H
earing Opened . Mayor announces subject of the public hearing and declares the public hearing open.
B. O
rder of Proceedings . Generally, public hearings shall be conducted in the following order:
•
Mayor announces the Agenda item and opens the hearing
• Staff Report/Presentation
• Presentation by Proponent, Applicant or Appellant
• Questions of Staff, Proponent, Applicant or Appellant by Council • Public Testimony
• Questions of public by Council
• Staff clarification of issues raised
• Mayor shall close the hearing
• Deliberations by Council
• Action by Council
C. T
estimony Time Limits .
Notwithstanding the public comment period in Rule No. 5, a proj ect or entitlement applicant or an appellant shall have such time necessary for a fair and reasonable presentation in connection with the particular Noticed Public Hearing item. In general, this time limit shall be set at 20 minutes depending upon the complexity.
The Mayor may inquire as to the number of persons wishing to speak for or against the matter under consideration. If more than seven (7) persons wish to address the Council on the same side of the item, the Mayor may direct such persons to designate a limited number of speakers (the number to be determined by the Mayor based on the complexity and controversial nature of the issue) for a total of 25 minutes to represent that side of the issue.
If such persons are unable or refuse to designate representative speakers, the Mayor and Council may after 25 minutes ask persons to raise their hands if they are for or against the matter under consideration. The number shall be noted on the record. The Mayor will then ask if there is anyone in the public who has something different to say. If so, those persons may address the Council. In complex or controversial matters, the Mayor may extend the time limits commensurate with the amount of time reasonably necessary to present th e matter fully and may allow a 5-minute rebuttal to the Applicant/Appellant. 150
13 D. M otions. No motions may be made until a hearing is closed.
E. P
ublic Hearing Closed .
After the Mayor has determined that no other member of the public wishes to speak, or that all other speakers will be repetitious of the matters previously stated, and that members of the Council have asked questions of staff and speakers, the public heari ng may be closed and the item shall be returned to the Council for deliberation. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the Council to reopen the hearing, even in cases where the item is continued to a future date for Council consideration as described below. However, the Council may direct questions to staff, the applicant, or any other person who has testified during the hearing, and receive their answers, which shall be deemed to be part of the record at the hearing.
After the hearing is closed, the Council may:
1. Continue the matter to a later date for consideration (deliberations and a decision).
No additional reports or testimony may be received under this option; OR
2. Proceed to deliberate and vote on the matter or vote in concept only and direct City Attorney and staff to return with specific findings/decision that conforms with the vote; OR
3. Continue the public hearing to a specific date if it wishes to receive additional information (e.g., a supplemental staff report). In the event that public testimony is reopened to allow additional information or additional speakers, the Council shall permit a reasonable time for rebuttal.
RULE 9. BOARDS, COMMISSIONS AND COMMITTEES.
A. C
reation . The City Council may create such ad hoc advisory boards, commissions, and committees as the Council deems appropriate. As to committees of the Council, whether standing or ad hoc, a resolution should be adopted noting the purpose and duration.
B. A
ppointments. The M ayor shall make all appointments to boards, commissions and committees with the consent and approval of each appointment by the City Council (Government Code 40605). All boards and commissions, as well as Council standing committees shall conduct their business activities consistent with the requirements of the Brown Act and other relevant provisions of State Law.
RUL
E 10. SUSPENSION AND AMENDMENT OF RULES.
A. S uspension. Any provision of these Rules not governed by the Sanger City Code or State law may be temporarily suspended during a meeting by four (4) votes of the Council Members present at the meeting.
B. A
mendment. Any provision of these Rules not governed by the Sanger City Code or State law may be amended by resolution adopted by a majority vote of the full Council (three 151
14 (3) votes) if such an action item is on a regular meeting agenda.
RULE 11. MISCELLANEOUS RULES.
A. R oll Call Votes . The Mayor shall state any motion submitted for a vote and shall announce the result of all votes including the names of Council Members voting and how they voted.
Alternatively, the Mayor may ask the City Clerk to announce the result of all votes including the names of Council Members and how they voted. A roll call vote shall be taken upon the request of any Council M ember or upon the City Attorney’s recommendation. The Mayor’s name shall be called last by the City Clerk. Members shall not give explanations for their vote during a roll call.
B. S
ilence. During a collective vote (Ayes & Nays), silence of any member denotes an affirmative vote.
C. A
bstentions. Council Members wishing to abst ain from a particular vote shall orally state their abstentions. Abstentions do not count in tallying the vote negatively or positively.
D. C
ontinuance of Agenda Item. Requests for Continuances by Persons Other than Council Members may be made. If the request is on an item which is not subject to a deadline, the Council, by a majority vote of those present, may grant the continuance.
RUL
E 12. RULES OF DEBATE.
A. R ules of Order . These Rules and applicable laws will govern the proceedings of the City Council. The City Council may utilize Robert’s Rules of Order as a non-binding guide and only where such rules are not inconsistent with the Brown Act, other applicable law, or these Rules of Procedure.
B. O
btaining the Floor. Any member of City Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when appropriately entitled to do so. The member must confine his or her remarks to the subject matter under consideration.
C. M
otions . The Mayor and Council Members may make Motions. The City Clerk shall record all motions and read them back when requested. Upon request or if necessary, the City Attorney shall assist in the formation of motions. Any motion that does not receive a second shall die and another motion may be made.
D. Q
uestions of Order and Appeals to Rulings of Presiding Officer. A question of order may be raised at any stage of the proceedings, except during a calling of the roll when the ayes and noes on a vote are called for. Such question shall be decided by the Mayor, without debate, subject to an appeal to the Council.
E. P
oint of Order . The Presiding Officer shall deter mine all points of order, subject to the right of any Council Member to appeal the decision to the full Council. If an appeal is taken, the appeal to the Council shall be generally as follows: “I appeal the decision of the Mayor to the City Council.”
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15 F. A ppeals . Any ruling of the Mayor may be appealed at the request of any Council Member.
The mayor shall call for a roll call vote to determine if the ruling is upheld.
G. T
ypes of Motions.
1. M ain Motion. This motion (and second) puts forward a substantive decision for Council consideration. Only one main motion may be on the floor at one time.
2. M
otion to Amend. This motion seeks to modify the main motion before the Council. A motion to substitute a motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time, unless the Mayor allows Council Members to state two or more motions to amend, which may be accumulated and then voted upon in a series in the order made. All motions to amend shall be resolved prior to voting on the main motion.
3. P
rocedural Motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor at one time. A “point of order” may be raised at any time, interrupting a speaker when recognized by the Mayor, to make a procedural motion.
4. M
otion to Recess. This motion, if passed, requires the Council to immediately recess. The Mayor determines the length of the recess. It is not subject to debate and requires a majority vote. Note, that the Mayor may independently call a recess under Rule 3.C.5.
5. M
otion to Adjourn. This motion is not subject to debate and requires a majority vote.
6. M
otion to Table. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item placed on hold.
a. T
he motion can contain a specific date and time in which the item can come back to Council.
b. If the motion does not contain a specific date and time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to Council.
c. A motion to table or to bring it back to the Council requi res a simple majority vote.
7. M
otion to Continue. This motion, if passed, requires the particular agenda item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion.
A motion to continue may be made by any member of the Council, is debatable, and requires a simple majority vote.
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16 8. “ Friendly Amendment.” This is a “request,” rather than a formal motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend may be made.
9. M
otion to Reconsider . A motion to reconsider any action taken by the Council may be made on the day such act ion was taken. It may be made immediately after a vote is taken. Such motion must be made by one of the members on the prevailing side, but may be seconded by any mem ber; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making a motion to reconsider at a subsequent meeting of the Council so long as the ability to make such motion meets the requirements of applicable laws.
10. T
ie Votes . Tie votes result in a lost motion. If the agenda item involves an appeal, and a tie vote occurs the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken unless the Sanger City Code provides otherwise.
I
f a tie vote occurs , the result is no action. A ny member of City Council present may offer a new motion for action. If there is no action by an affirmative vote, the result is no action.
If an action item results in a tie vote and no action, the matter will be placed on the next regular meeting when the full Council is present and within thirty days.
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Prepared by: Patrick Chaffee ___ Approved by: ________________________
REVIEW: City Manager: ______ Finance: _PC____ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: J-3
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Patrick Chaffee, Administrative Services Director Subject: City Council Women's History Month Event Budget
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Approve the request for a budget transfer of $500 from salary savings within the City Manager department budget to the City Council department budget or direct staff to identify another funding source within the budget.
Authorize staff to include an additional allocation in the ongoing 2024-2025 operating budget.
BACKGROUND:
Council Member Hurtado has requested funds for sponsoring Women’s History Month programs in collaboration with the Sanger Women’s Club since 2021. The programs aim to celebrate and honor the contributions of women in Sanger and beyond. In the 2023/24 budge t, the City Council approved an ongoing allocation of $1,500 for these programs within the City Council Department budget.
DISCUSSION:
On February 15, 2024, Council Member Hurtado requested consensus to have up to $500 more to the $1,500 budget for Women’s History Month events. The request was to add a second event for the month and was just in case the allocated budget was not sufficient.
FISCAL IMPACT:
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The request to increase the budget for Women’s History Month events by $500 would not require a budget adjustment, as funds could be transferred from City Manager salary savings or another source identified within the budget. The new City Manager has confirmed that there are sufficient salary savings available to cover the request. Alternatively, the City Council could direct staff to recommend another funding source within the budget. Transferring funds would be a one-time accommodation.
ALTERNATIVES:
The City Council could choose to fund less than $500 or not to increase the budget for Women’s History Month events.
ACTIONS FOLLOWING APPROVAL:
Staff will process a budget transfer to shift funds to the City Council department budget sponsoring Women’s History Month events and increase the ongoing budget as a request in the 2024-2025 operating budget.
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Prepared by: Patrick Chaffee ___ Approved by: ________________________
REVIEW: City Manager: ______ Finance: _PC____ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 7, 2024
Agenda Item No.: J-4
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Patrick Chaffee, Administrative Services Director Subject: Reimbursement of Council Member Travel Expenses
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council consider (1) whether to reimburse $694.28 to Council Member Hurtado for travel expenses paid out-of-pocket for official City business in Fiscal Year 2022 and (2) whether to direct staff to return with formal budget policy for travel by Council Members.
EXECUTIVE SUMMARY:
This report is presented at Council’s request to review the issue of reimbursing Council Member Hurtado for $694.28 in travel expenses that she paid out-of-pocket for official City business in Fiscal Year 2022.
The report provides background information on the City’s travel policy and budget, the Council agenda item of June 2, 2022, regarding Council Member Hurtado’s out-of state travel, information regarding how the travel budget is administered, and the options for Council to take action on this matter.
BACKGROUND:
For fiscal year 2022, the budget for travel was $4,000 in travel for each of the five members and $3,000 for Council meeting meals for a total of $23,000. On June 2, 2022, Council approved Item F-3, a request for out-of-state travel for Council Member Hurtado to attend the NALEO 39th Annual Conference in Chicago, Illinois from June 22 – 26, 2022. The cost of the trip exceeded Council Member Hurtado’s individual budget allocation of $4,000 by $694.28. The agenda item was pulled from consent by a member of public who wanted to know the authority for Council travel such as that on agenda. Another member of public had concerns with the budget.
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The City Attorne y explained that there is authority under the Council Expense and Reimbursement Policy for travel. As to the budget question, it was explained that the item before the Council would not be exceeding the budget as Council Member Hurtado had stated she woul d be paying the overage.
Council approved the out-of-state travel by vote of 4-0. Staff presented information regarding the budget allocation line item of $4,000 for individual Council Members. Staff provided no information as to other ways to pay for a Council Member’s overage other than the Council Member paying it.
At a recent Council meeting, Finance staff explained that past practice has been for Council Members to either pay out-of-pocket for travel over their individual allocation or for other c ouncil members that have not used travel to approve their share be used to cover overages. It was further explained that travel expenses may be funded from a different department when Council participation directly supports the goals of that department. Based on that Council directed that Council Member Hurtado’s prior request for out-of-state travel be reviewed to see if that matter was treated consistently with past practice.
Discussion
Since the Council has been presented with more clarity as to how overages may be covered, the Council may decide whether to reimburse Council Member Hurtado for her out-of-pocket expenses in the amount of $694.28. While Council Member Hurtado went over her individual allocation of $4,000 per council member, the entire budget for Council travel was not exceeded. As of June 30, 2022, the end of the fiscal year, the total travel expenses for all council members were $14,406, which was $8,594 below the budgeted amount of $23,000.
Council may also consider giving direction on a formal written policy for addressing budget allocations for Council Members and overages by individual Council Members.
Option 1: Direct that the past practice that individual share for travel be equal to 1/5 of the total travel budget and that travel expenses over the individual budget be either paid out of pocket, covered by savings from another council member, or funded from a different department when council participation directly supports the goals of that department.
Option 2: Direct that Council Members pay out-of-pocket travel when the total budget for all members is exceeded. The City Manager would prepare a summary annually in June that would confirm out-of-pocket payments by Council Members and reimbursements from members and.
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