CITYOF MENDOTA
ooCanttaloupe Center Of The World,"
ROLANDO CASTRO
Mayor
JESUS MENDOZA
Mayor Pro Tem
JOSE ALONSO
JOSEPH R. RIOFRIO
OSCAR ROSALES
AGENDA
MENDOTA CITY COUNCIL
Regular City Council Meeting
CITY COUNCIL CHAMBERS
643 QUINCE STREET
March 8, 2022
6:00 PM
CRISTIAN GONZALEZ
City Manager
JOHN KINSEY
City Attorney
The Mendota City Council welcomes you to its meetings, which are scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated. Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda. PIease turn your cell phones on vibrateloff while in the council chambers.
Any public writings distributed by the City of Mendota to at least a majority of the City Council regarding any item on this regular meeting agenda will be made available at the front counter at City Hall, located at 643 Quince Street Mendota, CA 93640, during normal business hours, 8 AM - 5 PM. ln compliance with the Americans with Disabilities Act, individuals requiring special assistance to participate at this meeting please contact the City Clerk at (559) 655-3291 or (559) 577-7692. Notification of at least forty-eight hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to the meeting.
Si necesita servicios de interpretaci6n para participar en esta reuni6n, comuniquese con la Secretaria de la Ciudad al (559) 655-3291 o (559) 577-7692 entre las 8 a.m. y las 5 p.m. De lunes a viernes. La notificaci6n de al menos veinticuatro horas antes de la reuni6n permitir6 al personal adoptar las disposiciones necesarias para garantizar su participaci6n en la reuni6n.
Purcuant to Govemment Code section 54953, subdivision (eXl XC), the City Council's March 8, 2022, meeting will only be accessible remotely to promote social distancing in light of the ongoing state COVID-l9 pandemic emergency per the recommendations of the Centers for Disease Control and Prevention (CDC), California State Public Health Officer, and Fresno County Public Health Officer.
Due to COVID-i9, public in-percon participation at this meeting is not permitted at this time. To participate in this meeting via Zoom, please use the following information:
Dial-in number: 1(669) 900-6833 Meeting lD: 481 456 459 Password: 93640 https://zoom.us/i/481 456459?pwd=Sl ZEc0WaXRRTFp6c293cHMvQlAl dz09
GALL TO ORDER
ROLL CALL
FLAG SALUTE
INVOCATION
FINALIZE THE AGENDA
1. Adjustments to Agenda
2. Adoption of final Agenda
City Council Agenda 1 March 8, 2022
643 Ouince Street Mendota, California 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDD/ITY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) ci.mendota.Ga.us
The Gity ol Mendota is an equal opportunity provider and employer 1 2
CITIZENS' ORAL AND WRITTEN PRESENTATIONS
At this time, members of the public may address the City Council on any matter not listed on the agenda involving matters within the jurisdiction of the City Council. Please complete a "request to speak" form and limit your comments toTHREE(3)MINUTES. PleasegivethecompletedformtotheCityClerkpriortothestartofthemeeting. Allspeakers shall observe proper decorum. The Mendota Municipal Code prohibits the use of boisterous, slanderous, or profane language. All speakers must step to the podium and state their names and addresses for the record. Please watch the time.
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
Minutes of the regular City Council meeting of February 22,2022 and the special City Council meeting of February 28,2022.
Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.
CONSENT CALENDAR
Matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. lf discussion is desired, that item will be removed from the Consent Calendar and will be considered separately.
FEBRUARY 16, 2022 THROUGH MARCH 1,2022
WARRANT LIST CHECK NOS. 51450 THROUGH 51495
TOTAL FOR COUNCIL APPROVAI- = $477,040.79
Proposed adoption of Resolution No. 22-15, conditionally approving exclusive use permit applications for City facilities for 2022.
Proposed adoption of Resolution No. 22-16, approving a contract with Provost & Pritchard Consulting Group to provide final design, surveying, bidding, and construction services for the City of Mendota's Proposition 68 UFPGP Funded Stormwater I mprovement Project.
BUSINESS
1. Council discussion and consideration of setting goals for Fiscal Year 2022-2023. a. Receive repoft from City Manager Gonzalez
b. lnquiries from Councilto staff
c. Mayor Castro opens floor to receive any comment from the public d. Council provides direction as appropriate
1 2
3 City Counci! Agenda 2 March 8, 2022
1 DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
Finance Director
a) Grant Update
City Engineer
a) Update
City Attorney
a) Update
4. City Manager
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
2. Mayor
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Ongoing litigation pursuantto paragraph (1) of subdivision (d) of Government Code section 54956.9 (one case).
City of Mendota v. Evelyn Kramer, et al., Fresno County Superior Court, Case No. 21 CECG02410.
2 3
1 2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Potential initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9 (two potential cases).
ADJOURNMENT
CERTIFICATION OF POSTING
l, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby declare that the foregoing agenda for the Mendota City Council Regular Meeting of March 8,2022, was posted on the outside bulletin board located at City Hall, 643 Quince Street, on Friday, March 4, 2022 at 5:00 p.m.
City Counci! Agenda 3
Cabrera-Ga
March 8, 2022
Minutes of City Council Meeting 1 February 22, 2022
MINUTES OF MENDOTA
REGULAR CITY COUNCIL MEETING
Regular Meeting February 22, 2022
Meeting called to order by Mayor Castro at 6:04 p.m.
Roll Call
Council Members Present: Mayor Rolando Castro, Mayor Pro Tem Jesus Mendoza and Councilor Jose Alonso, Joseph Riofrio
and Oscar Rosales
Council Members Absent: None
Flag salute led by City Clerk Cabrera-Garcia
Invocation led by Police Chaplain Ophelia Lugo
FINALIZE THE AGENDA
1. Adjustments to Agenda.
2. Adoption of final Agenda.
A motion was made by Councilor Rosales to adopt the agenda, seconded by Councilor Riofrio unanimously approved (5 ayes).
PRESENTATIONS
1. Council to receive an update on the state of the local cannabis industry from Boca Del Rio Agriculture, LLC, and Odyssey Agricultural Development, LLC.
Dustin Moore with Boca Del Rio Agriculture, LLC provided an update on the local cannabis industry.
Jon David with Odyssey Agricultural Development, LLC provided an update on the state of its business.
Minutes of City Council Meeting 2 February 22, 2022
Dustin Moore with Boca Del Rio Agriculture, LLC provided an update on the state of its business.
Discussion was held on the item.
Joel Lozano with Boca Del Rio Agriculture, LLC provided an update on the state of its business.
Discussion was held on the item.
Dustin Moore with Boca Del Rio Agriculture, LLC provided additional information.
Discussion was held on the item.
Michael Jensen with Boca Del Rio Agriculture, LLC provided an update on the state of its business.
Discussion was held on the item.
Dustin Moore with Boca Del Rio Agriculture, LLC provided additional information.
Discussion was held on the item.
At 6:36 p.m. Councilor Riofrio left the Council Chambers and returned at 6:38 p.m.
Dustin Moore with Boca Del Rio Agriculture, LLC provided additional information.
Discussion was held on the item.
2. Council to receive an update from Boca Del Rio Agriculture, LLC, on the state of its business.
The item was discussed under Presentation item 1.
3. Council to receive an update from Odyssey Agricultural Development, LLC, on the state of its business.
The item was discussed under Presentation item 1.
CITIZENS ORAL AND WRITTEN PRESENTATIONS
Joseph Amador – inquired about the presentations that were provided.
Minutes of City Council Meeting 3 February 22, 2022
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1. Minutes of the regular City Council meeting of February 8, 2022.
2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.
A motion was made by Councilor Rosales to approve items 1 and 2, seconded by Councilor Riofrio; unanimously approved (5 ayes).
CONSENT CALENDAR
1. FEBRUARY 2, 2022 THROUGH FEBRUARY 14, 2022
WARRANT LIST CHECK NOS. 51376 THROUGH 51449
TOTAL FOR COUNCIL APPROVAL = $308,983.17
2. Proposed adoption of Resolution No. 22-09, proclaiming a continued local emergency, ratifying the proclamation of a state of emergency by the Governor on March 4, 2020, and authorizing remote teleconference meetings of the City of Mendota’s legislative bodies for a period of thirty days pursuant to the Brown Act.
3. Proposed adoption of Resolution No. 22-10, approving the American Rescue Plan Act of 2021 State Local Fiscal Recovery Funds Subrecipient Certifications and Commitment of Responsibility.
4. Proposed adoption of Resolution No. 22-11, approving the submittal of a proposal for the 2022 Senate District 12 Budget Request to the Office of State Senator Anna Caballero.
A request was made to pull item 3 for discussion.
A motion was made by Councilor Riofrio to approve items 1, 2, and 4 of the Consent Calendar, seconded by Councilor Rosales; unanimously approved (5 ayes).
3. Proposed adoption of Resolution No. 22-10, approving the American Rescue Plan Act of 2021 State Local Fiscal Recovery Funds Subrecipient Certifications and Commitment of Responsibility.
Discussion was held on the item.
A motion was made by Councilor Riofrio to approve item 3 of the Consent Calendar, seconded by Councilor Alonso; unanimously approved (5 ayes).
Minutes of City Council Meeting 4 February 22, 2022
BUSINESS
1. Council discussion and consideration of Resolution No. 22-12, approving the City of Mendota’s Local Road Safety Plan included in the Multijurisdictional Local Safety Plan.
Mayor Castro introduced the item and City Engineer Osborn provided the report and introduced Mychal Loomis with Kittelson & Associates, Inc.
Mychael Loomis with Kittelson & Associates, Inc. presented information about the Local Road Safety Plan.
Discussion was held on the item.
A motion was made by Councilor Rosales to adopt Resolution No. 22-12, seconded by Councilor Riofrio; unanimously approved (5 ayes).
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
1. Animal Control, Code Enforcement, and Police Department a) Monthly Reports
Chief of Police Smith provided the report for the Police Department including monthly statistics and crime trends, and the change in dispatch services.
Discussion was held on dispatch services, and the towing of vehicles.
Chief Smith provided the report for the Animal Control Department including monthly statistics and issues with stray dogs.
Discussion was held on stray dogs; issues with bats; and the possibility of holding a dog vaccine clinic.
Chief Smith provided the report for the Code Enforcement Department, including monthly statistics.
Discussion was held on the duties of the Code Enforcement officers; and a potential gang issue in the East side of the City.
2. City Attorney
a) Update
Assistant City Attorney Castro provide an update on the work of his office.
Minutes of City Council Meeting 5 February 22, 2022
3. City Manager
City Manager Gonzalez reported on ongoing economic development projects, including the development of the Star Super Market property and the Jack’s Resort property; and the condition of the local economy.
Discussion was held on the sidewalk improvements near City Hall.
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
Councilor Rosales inquired about the possibility of establishing a Recreation Department.
Discussion was held on Mr. Rosales’s comments.
Mayor Pro Tem Mendoza commented on the Honor Wall project; ongoing projects; and the upcoming Autism Awareness month.
Councilor Alonso reported on housing developments in the City, and whether the City Council will hold a goal setting meeting.
Councilor Riofrio commented on code enforcement violations in the City.
2. Mayor
Mayor Castro commented on discussions that were held at the meeting and upcoming meetings that he will be attending.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Ongoing litigation pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9 (one case).
City of Mendota v. Evelyn Kramer, et al., Fresno County Superior Court, Case No. 21CECG02410.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Ongoing litigation pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9 (one case).
Case name unspecified: Disclosure would jeopardize existing settlement negotiations.
At 8:08 p.m. the Council moved into closed session.
Minutes of City Council Meeting 6 February 22, 2022
At 8:21 p.m. the Council reconvened in open session and Assistant City Attorney Castro stated that in regard to items 1 and 2 of the Closed Session, there was no reportable action.
ADJOURNMENT
With no more business to be brought before the Council, a motion for adjournment was made at 8:21 p.m. by Councilor Rosales, seconded by Mayor Pro Tem Mendoza; unanimously approved (5 ayes).
_______________________________
Rolando Castro, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk
Minutes of City Council Meeting 1 February 28, 2022
MINUTES OF MENDOTA
SPECIAL CITY COUNCIL MEETING
Special Meeting February 28, 2022
Meeting called to order by Mayor Pro Tem Mendoza at 12:02 p.m.
Roll Call
Council Members Present: Mayor Rolando Castro, Mayor Pro Tem Jesus Mendoza, Councilors Jose Alonso, Joseph Riofrio,
and Oscar Rosales
Council Members Absent: None
Flag salute led by Mayor Pro Tem Mendoza
FINALIZE THE AGENDA
1. Adjustments to Agenda.
2. Adoption of final Agenda.
A motion was made by Councilor Rosales to adopt the agenda, seconded by Councilor Riofrio; unanimously approved (5 ayes).
CITIZENS ORAL AND WRITTEN PRESENTATIONS
None offered.
BUSINESS
1. Council discussion and consideration of Resolution No. 22-13, approving the formation of a City Council Ad Hoc Subcommittee to meet with Boca Del Rio Agriculture, LLC, and Odyssey Agricultural Development, LLC, to discuss potential solutions to their business difficulties and the state of the local cannabis industry.
Mayor Pro Tem Mendoza introduced the item and City Manager Gonzalez provided the report.
Minutes of City Council Meeting 2 February 28, 2022
Discussion was held on the item.
Joseph Amador – inquired as whether citizens could participate in the subcommittee.
Discussion was held on Mr. Amador’s inquiry and on the item.
A motion was made by Councilor Rosales to appoint Mayor Castro and Mayor Pro Tem Mendoza as regular members and Councilor Riofrio as an alternate member of the subcommittee and adopt Resolution No. 22-13, seconded by Mayor Castro; unanimously approved (5 ayes).
2. Council discussion and consideration of Resolution No. 22-14, allocating remaining Community Development Block Grant – Coronavirus response funds to the RojasPierce Park Expansion Project.
Mayor Pro Tem Mendoza introduced the item and City Manager Gonzalez provided the report.
Discussion was held on the item and on potential improvements to Pool Park.
At 12:27 p.m. Councilor Riofrio left the Council Chambers.
A motion was made by Councilor Alonso to adopt Resolution No. 22-14, seconded by Councilor Rosales; unanimously approved (4 ayes, absent: Riofrio).
ADJOURNMENT
With no more business to be brought before the Council, a motion for adjournment was made at 12:28 p.m. by Councilor Rosales, seconded by Councilor Alonso; unanimously approved (4 ayes, absent: Riofrio).
_______________________________
Rolando Castro, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk
CITY OF MENDOTA
CASH DISBURSEMENTS
2/16/2022-3/1/2022
CK# 51450-51495
Date Check # Check Amount Vendor Department Description February 16, 2022 51450 $ 126,626.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 1/31/2022-2/13/2022
February 16, 2022 51451 $ 6,500.00 ADMINISTRATIVE SOLUTIONS - FRESNO GENERAL MEDICAL CHECK RUN FOR 2/14/2022
February 16, 2022 51452 $ 415.54 GERARDO VACA GENERAL
WORKER'S COMPENSATION TD/4850 1/31/2022-2/13/2022
February 18, 2022 51453 $ 833.75 ACME ROTARY BROOM SERVICE STREETS (1) 58" SCHWARZE AVALANCHE TUBE- POLYMAIN BROOM (STREET
SWEEPER)
February 18, 2022 51454 $ 6,700.00 ADMINISTRATIVE SOLUTIONS - FRESNO GENERAL MEDICAL CHECK RUN FOR 2/7/2022
February 18, 2022 51455 $ 39.52 AIRGAS USA, LLC WATER
(1) RENT CYL IND SMALL CARBON DIOXIDE- JANUARY 2022
February 18, 2022 51456 $ 832.02 ALEX AUTO DIAGNOSTICS GENERAL 2020 FORD EXPLORER- CHECK REAR SUSPENSION NOISE (PD), 2018
JEEP GRAND CHEROKEE- OIL CHANGE & FILTER (PD)
February 18, 2022 51457 $ 106.15 ARAMARK GENERAL-WATER-SEWER PUBLIC WORKS UNIFORM RENTAL SERVICES 2/10/2022
February 18, 2022 51458 $ 25.84 AUTOZONE, INC. GENERAL
(1) SYLVANIA SIVER STAR BULB (PD)
February 18, 2022 51459 $ 587.06 FRANK BARAJAS GENERAL
(1) BPS TACTICAL, OUTER VEST CARRIER FOR WORK (EXPENSE
REIMBURSEMENT)
February 18, 2022 51460 $ 323.25 BSK ASSOCIATES WATER-SEWER BACTI-WEEKLY TREATMENT & DISTRIBUTION 2/1/2022, GENERAL EDT WEEKLY TREATMENT & DISTRIBUTION 2/1/2022
February 18, 2022 51461 $ 467.10 COMCAST BUSINESS GENERAL FRESNO SHERIFF TO MENDOTA PD CIRCUIT FEBRUARY 2022
February 18, 2022 51462 $ 518.28 CORE & MAIN LP SEWER
(1) KP 1000 F&C SANITARY SEWER
February 18, 2022 51463 $ 186.00 DEPARTMENT OF JUSTICE GENERAL (3) FINGERPRINTS APPS & FB1 JANUARY 2022 (PD), (3) BLOOD ALCOHOL ANALYSIS JANUARY 2022
February 18, 2022 51464 $ 13,505.63 FIREBAUGH POLICE GENERAL-WATER-SEWER POLICE DISPATCH SERVICES FOR FEBRUARY 2022
February 18, 2022 51465 $ 570.34 FRESNO COUNTY SHERIFF GENERAL RMS JMS ACCESS FEE FOR JANUARY 2022, 22-PRISONER
PROCESSING SERVICES 2ND QTR 10/1/21-10/31/21 (PD)
February 18, 2022 51466 $ 120.00 INSYARATH, KHAMPHOU GENERAL 5 YEAR COMPARISON FEBRUARY 2022
February 18, 2022 51467 $ 6,355.00 LEAGUE OF CALIFORNIA CITIES GENERAL-WATER-SEWER MEMBERSHIP DUES FOR CALENDAR YEAR 2022
February 18, 2022 51468 $ 690.00 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2019 DODGE CHARGER-CHECK ENGINE LIGHT,OIL CHANGE (PD),
2019 DODGE CHARGER- OIL FILTER BASE, NEW SPARK PLUGS (PD) February 18, 2022 51469 $ 1,942.91 MENDOTA SMOG & REPAIR GENERAL -WATER-SEWER 2018 FORD-POLICE INTERCEPTOR INSTALL 6 TIRES (PD) 2019
DODGE CHARGER- REPLACE ONE TIRE MOUNT & BALANCE
February 18, 2022 51470 $ 433.74 METRO UNIFORM GENERAL
(1) FITTED FLEX CAP (1) 60/40 ACRYLIC KNIT BEANIE (PD), (2) CLOVIS SGT CHEVRON (F.RENTERIA )& EMBROIDERY (PD)
February 18, 2022 51471 $ 57,048.94 MID VALLEY DISPOSAL, INC REFUSE SANITATION CONTRACT SERVICES FOR JANUARY 2022
February 18, 2022 51472 $ 7,260.00 PRICE, PAIGE & COMPANY GENERAL-WATER-SEWERREFUSE
WORK IN PROGRESS FOR 6/30/21 AUDITED FINANCIAL STATEMENTS February 18, 2022 51473 $ 7,809.50 RRM DESIGN GROUP GENERAL-WATER-SEWER
MENDOTA CITY HALL & PD STATION CONSTRUCTION DOCUMENTS
February 18, 2022 51474 $ 1,174.12 THE WATER CONNECTION WATER TESTED (27) BACKFLOWS & 2 REPAIRS
February 18, 2022 51475 $ 921.54 VERIZON WIRELESS GENERAL-WATER-SEWER CITY WIDE CELL PHONE SERVICES FOR 1/7/22-2/6/22
February 18, 2022 51476 $ 150.00 VORTAL GENERAL-WATER-SEWER WEBSITE HOSTING AND MAINTENANCE 2/16/2022
February 18, 2022 51477 $ 32,796.72 WANGER JONES HELSLEY PC ATTORNEYS GENERAL-WATER-SEWER LEGAL SERVICES RE: CITY ATTORNEY: GENERAL LEGAL SERVICES, LEGAL SERVICES RE: 578 LOLITA ST. ABATEMENT
February 25, 2022 51478 $ 61.18 ADT SECURITY SERVICES WATER SECURITY SERVICES FOR 3/4/22-4/3/22 WATER TREATMENT PLANT February 25, 2022 51479 $ 632.74 AFLAC GENERAL
AFLAC INSURANCE FOR FEBRUARY 2022
February 25, 2022 51480 $ 5,771.36 AMERITAS GROUP GENERAL DENTAL & VISION INSURANCE FOR MARCH 2022
February 25, 2022 51481 $ 2,043.44 AT&T GENERAL-WATER-SEWER CITYWIDE TELEPHONE SERVICES 11/25/21-12/24/21 & 12/25/21- 1/24/22, POLICE DEPT. DISPATCH PHONE SER. 10/27/21-1/26/22 February 25, 2022 51482 $ 134,522.48 FRESNO COUNTY FIRE GENERAL FY 21-22 FIRE PROTECTION SERVICES 7/1/21-12/31/21
February 25, 2022 51483 $ 158.88 LEAGUE OF CALIFORNIA CITIES GENERAL MEMBERSHIP DUES SOUTH SAN JOAQUIN VALLEY DIV. 2022
February 25, 2022 51484 $ 1,852.46 MUTUAL OF OMAHA GENERAL LIFE, AD&D, LTD & STD INSURANCE FOR MARCH 2022
February 25, 2022 51485 $ 2,244.11 PROVOST & PRITCHARD WATER PROFESSIONAL SERVICES FOR OCTOBER 2021-MOWRY BRIDGE
FINAL DES & CON
CITY OF MENDOTA
CASH DISBURSEMENTS
2/16/2022-3/1/2022
CK# 51450-51495
February 25, 2022 51486 $ 708.90 THE HOME DEPOT GENERAL-STREETS-REFUSE (1) HUSKY 149PC MECH SET, (1) HUSKY 10 PIECE SCREWDRIVER SET, (5) HUSKY 2.5 LB PICK MATTOCK FGL
March 1, 2022 51488 $ 1,007.50 ADMINISTRATIVE SOLUTIONS - FRESNO GENERAL (31) MONTHLY MEDICAL ADMINISTRATION FEES: FEBRUARY 2022 March 1, 2022 51489 $ 27,869.77 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR MARCH 2022
March 1, 2022 51490 $ 2,075.39 AUTOMATED OFFICE SYSTEMS GENERAL COPIER MAINTENANCE CONTRACT 2/1/22-2/28/22 CITYHALL & (PD) March 1, 2022 51491 $ 1,903.24 COMCAST GENERAL-WATER-SEWER CITYWIDE XFINITY PHONE & INTERNET SER. 2/6/22-3/5/22
March 1, 2022 51492 $ 730.83 PETTY CASH GENERAL-WATER-SEWER PETTY CASH EXPENSES TAG# 704-723 9/29/21-2/8/22 MOWRY
BRIDGE GRAND OPENING EVENT, WATER, CHIRSTMAS LIGHTS
March 1, 2022 51493 $ 13,140.36 PG&E
GENERAL-WATER-SEWERSTREETS
WATER DEPARTMENT UTILITIES 1/10/22-2/8/22
March 1, 2022 51494 $ 7,101.31 PLATT ELETRIC SUPPLY STREETS (3) GRANDVILLE LED CLASSIC P20 PERFORMANCE PACKAGE, (3) LED SOLAR AREA LIGHT 30W, 50K, 6000 LMN, BRACKETS
March 1, 2022 51495 $ 277.89 TRIANGLE ROCK PRODUCTS,LLC STREETS 3/4IN CL 2 BASE AGG & ASPHALT QTY: 16.86 (STREET REPAIR) $ 477,040.79
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY M. BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: CONDITIONALLY APPROVING EXCLUSIVE USE PERMTIS FOR 2022 DATE: MARCH 8, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-15, conditionally approving the exclusive use permits for City facilities for 2022?
BACKGROUND
The Mendota Municipal Code allows organizations to submit an application for the exclusive (reserved) use of City facilities for approval at the first Council Meeting in March. Any applications submitted after this will be secondary to these permits and may be approved by the City Manager.
ANALYSIS
Staff is presenting to the City Council a listing of the exclusive use permit applications that the City of Mendota (City) has received to reserve use of various City facilities. The applications require a conditional approval from Council due to items needed prior to event (insurance, itinerary, etc.). Staff is asking that the City Council conditionally approve those applications, as is or with restrictions due to the pandemic. As contained in the resolution, any applicants that are lacking information for full approval will be required to submit the needed documentation within two weeks before the use of the facility and/or comply with any restrictions that the City Council has placed due to the current circumstances.
In effort to establish and maintain consistency and fair treatment of all non-profit organizations submitting a Facility Use Application, the fees waived per event on Exhibit A are based on the City’s administrative policy attached as Exhibit B and C. Although the City strives to support non-profit organizations by providing reasonable waiver of fees, it is important to note that the event organizer is responsible for ensuring all other costs associated with their event will be paid for by their organization.
There were four organizations, Alcoholicos Anonimous, Mendota Youth Recreation (MYR), Teens That Care, and Westside Youth to submit applications by the due date, February 25, 2022.
MYR submitted (3) applications and Alcoholicos Anonimous, Teens That Care, and Westside Youth submitted (1) application each. From the (6) applications received, only (1) application submitted by MYR is proposing to charge a fee to the public for their Annual Harvest Festival Carnival event. They are proposing to charge a $2.00 fee. 2 FISCAL IMPACT
General Fund will gain $1,537.50 if all applicable fees are paid. Any waiver of fees may adversely impact the General Fund if the City is responsible to provide services that are not reimbursed by the event organizer.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-15, conditionally approving the exclusive use permits for City facilities for 2022.
Attachment(s):
1. Six (6) Applications
2. Resolution No. 22-15
3. Exhibit A – Facility Use Applications and conditions
4. Exhibit B – Administrative Policy Number 2004.01, Event Permit for Non-Profit Organizations
5. Exhibit C – Administrative Policy, City Participation in Community Events
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-15
OF THE CITY OF MENDOTA CONDITIONALLY
APPROVING EXCLUSIVE USE PERMIT
APPLICATIONS FOR CITY FACILITIES
FOR 2022
WHEREAS, as of February 25, 2022, six (6) Facility Use applications were submitted to City staff for the exclusive use of a City facility for an event or a reoccurring event that will be of benefit to the community; and
WHEREAS, the applicant organizations must comply with the Mendota Municipal Code and Administrative Policy Number 2004.01, attached hereto as Exhibit “B”, which states Mendota-based non-profit organizations will have one Community Event or Street Fair permit waived in a given calendar year and each additional permit in the same calendar year thereafter will receive a 50% discount; and WHEREAS, the applicant organizations must comply with the Mendota Municipal Code and Administrative Policy - City Participation in Community Events, attached hereto as Exhibit “C”, which states the City shall host the events listed on the policy; and WHEREAS, the applicant organizations must comply with local and State health guidelines and emergency orders in place; and
WHEREAS, the City Council has reviewed the applications and considered all conditions, which are stated in Exhibit “A”, attached hereto and made part hereof by this reference, and has independently determined that the requested City facility uses are a benefit to the community.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the City Council hereby approves the Exclusive Use Permit applications with the conditions provided on Exhibit “A” for the use of a City facility for an event or a reoccurring event in 2022.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the aforementioned applicant organizations are required to submit any required documentation for full approval two weeks before the first use of the requested City facility. ______________________________
Rolando Castro, Mayor
2 ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Hall on the 8th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit A CITY OF MENDOTA CONDITIONAL APPROVAL
OF FACILITY USE APPLICATIONS FOR 2022
DATE/TIME TOTAL # OF EVENTS/DAYS EVENT FACILITY ORGANIZATION CONDITIONAL APPROVAL TOTAL FEES WAIVED
PER POLICY
TOTAL
FEES
DUE
1 March 16, 2022 -
December 31, 2022
Wednesdays
3:30 P.M. - 11:00 P.M.
42 Events Open Market
(Wednesdays)
Rojas-Pierce Park
Parking Lot,
Restrooms &
Smoot Street &
Sorensen Avenue
Westside Youth Inc. Westside Youth Inc. Shall:
Provide liability insurance
Provide a detailed itinerary
Provide portable restrooms
Clean property
Contract police services
Contract trash services
Obtain an Entertainment Encroachment Permit for event
Not encroach on sidewalks or driveways
Comply with all local and state health requirements (COVID) The City of Mendota Shall:
Require all vendors to obtain a monthly Business License Fees: Encroachment Permit- $3,150.00 ($75.00 x 42 day= $3,150.00) Deposits: None
Fees Waived:
$1,612.50
Administrative Policy:
2004.01 - Event Permit for NonProfit Organizations (Exhibit B) $1,537.50
2 April 2, 2022
9:00 A.M. - 3:00 P.M.
1 Event Bicycle Rodeo
& Food
Giveaway
Rojas-Pierce Park
Parking Lot
Teens that Care (NonProfit Organization)
Teens that Care Shall:
Provide proof of liability insurance
Clean facility
Pick-up key (4/1/2022) Return key (4/3/2022)
Fees: None
Deposits:$150.00
Key Deposit: $50.00
Fees Waived: $0
Administrative Policy:
2004.01 - Event Permit for NonProfit Organizations (Exhibit B)
$200.00
3 April 30, 2022
9:00 A.M. - 11:00 P.M.
1 Event Anniversary Rojas-Pierce Park
(Pavilion,
Concession Stand
& Parking Lot)
Alcoholicos Anonimous Alcoholics Anonymous Shall:
Provide proof of liability insurance
Clean facility
Pick-up key (4/29/2022) Return key (5/1/2022)
Fees: None
Deposits:$150.00
Key Deposit: $50.00
Fees Waived: $0
Administrative Policy:
2004.01 - Event Permit for NonProfit Organizations (Exhibit B)
$200.00
4 June 2, 2022-
June 5, 2022
Thursday-Sunday
6:00 P.M. - 12:00 A.M.
4 Events Annual Harvest
Festival Carnival
Rojas-Pierce Park
(Whole Park
Area)
Mendota Youth
Recreation
Mendota Youth Recreation Shall:
Provide a detailed itinerary
Clean facility and property
Contract police services
Contract trash services
Obtain a Noise Permit
Pick-up key (6/1/2022) Return key (6/7/2022)
**Organization shall not charge a fee to go into the park area; however can charge a $2 fee to individuals who want to access the carnival area and/or the Pavilion. **Any proposed alcohol sales and consumption shall be within a designated area and Mendota Youth Recreation shall obtain any and all appropriate permits as required by the State Alcoholic Beverage Control.
Comply with all local and state health requirements (COVID) The City of Mendota Shall:
Require carnival operator and vendors to obtain a Business License Fees:
Rojas-Pierce Park & Pavilion Rental: $1,420.00 ($350.00 x 4 days= $1,400) Noise Permit: $20.00 ($5 x 4 days= $20.00)
Deposits:
Concession Stand Cleaning Deposit: $150.00
Rojas Pierce Park & Pavilion Cleaning Deposit: $300.00
Key Deposit: $50.00
Fees Waived:
$1,420.00
Administrative Policy:
City Participation in
Community Events
(Exhibit C)
$500.00
Exhibit A CITY OF MENDOTA CONDITIONAL APPROVAL
OF FACILITY USE APPLICATIONS FOR 2022
5 October 29, 2022
1:00 P.M. - 4:00 P.M.
1 Event Red Ribbon
Trunk & Treat
Rojas-Pierce Park
(Pavilion,
Concession Stand
& Parking Lot)
Mendota Youth
Recreation
Mendota Youth Recreation Shall:
Provide a detailed itinerary
Clean facility and property
Contract police services
Obtain a Noise Permit
Pick-up key (10/28/2022) Return key (10/30/2022)
Comply with all local and state health requirements (COVID) The City of Mendota Shall:
Require vendors to obtain a Business License
Fees:
Concession Stand Rental: $175.00 (1 day)
Rojas-Pierce Park & Pavilion Rental: $350.00 (1 day)
Noise Permit: $5.00 (1 day)
Deposits:
Concession Stand Cleaning Deposit: $150.00
Rojas Pierce Park & Pavilion Cleaning Deposit: $300.00
Key Deposit: $50.00
Fees Waived: $530
Administrative Policy:
City Participation in
Community Events
(Exhibit C)
$500.00
6 December 17, 2022
12:00 P.M. - 9:00 P.M.
Parade Starting at
5:00 P.M-9:00 P.M
1 Event Annual
Christmas
Parade - Food
Court
City Streets
(7th St, 6th St,
Pucheu St, Tule St
and property on
corner of 7th and
Riofrio)
Mendota Youth
Recreation
Mendota Youth Recreation Shall:
Provide a detailed itinerary
Clean property
Contract police services
Contract trash services
Obtain a Noise Permit
Obtain an Encroachment Permit
Comply with all local and state health requirements (COVID) The City of Mendota Shall:
Require vendors to obtain a Business License
Fees:
Noise Permit: $5 ($5.00 x 1 day= $5.00)
Encroachment Permit- $37.50 ($75.00 x 1 day= $75.00/2 = $37.50) Deposits: None
Fees Waived:
$42.50
Administrative Policy:
City Participation in
Community Events
(Exhibit C) $0.00
TOTAL: $2,937.50
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: ADOPTION OF RESOLUTION CONTRACTING FINAL DESIGN, SURVEYING, BIDDING & CONSTRUCTION SERVICES FOR THE CITY OF MENDOTA’S PROP 68 UFPGP FUNDED
STORMWATER IMPROVEMENT PROJECT
DATE: MARCH 8, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-16, approving a contract with Provost & Pritchard Consulting Group to provide final design, surveying, bidding and construction services for the City of Mendota’s Proposition 68 UFPGP funded Stormwater Improvement Project?
BACKGROUND
In an ongoing attempt to obtain funding for a project to mitigate the flooding that occurs on Naples Street in the general vicinity of 5th Street to 10th Street, the City submitted a proposal for the City of Mendota’s Stormwater Improvement Project (“Project”) during the State of California Natural Resources Agency’s Urban Flood Protection Grant Program call for projects, funded by Proposition 68 (“Prop 68”).
The Project, which has been developed during the Proposition 1 (“Prop 1”) Technical Assistance (“TA”) efforts provided by the team led by the Council for Watershed Health, includes the removal and replacement of the undersized and critically damaged storm drain system from 8th Street southeasterly past 10th Street to an existing ditch on the Gonzalez tow yard with a properly sized storm drain system to a new extended dry detention basin just upstream of the existing ditch.
The Prop 68 Urban Flood Protection Grant Program focus is on multiple benefit stormwater projects with an emphasis on flood management and does not require a financial match for a Disadvantaged Community.
The City was successful in their pursuit and on November 23, 2021 they entered into a funding agreement with the California Natural Resources Agency (Agreement Number UF8804-0).
ANALYSIS
The project must be in compliance with CEQA and a Notice of Exemption will be filled before the final construction documents are ready for bid advertisement. This has project will provide long-awaited improvements to storm water management and flood control on Naples Street. 2 FISCAL IMPACT
The grant agreement will reimburse the City for up to $4,208,699.00 for the services to implement the project in accordance with the agreement. This funding will fully reimburse the City for the services outlined in the proposal provided by Provost & Pritchard Consulting Group and will also provide for construction of the improvements.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-16, approving a contract with Provost & Pritchard Consulting Group to provide final design, surveying, bidding and construction services for the City of Mendota’s Proposition 68 UFPGP funded Stormwater Improvement Project.
Attachment(s):
1. Resolution No. 22-16
2. Proposal from Provost & Pritchard Consulting Group
3. Consultant Services Agreement
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-16
OF THE CITY OF MENDOTA APPROVING
A CONTRACT WITH PROVOST & PRITCHARD
CONSULTING GROUP TO PROVIDE FINAL
DESIGN, SURVEYING, BIDDING, AND
CONSTRUCTION SERVICES FOR THE CITY
OF MENDOTA’S PROPOSITION 68 UFPGP
FUNDED STORMWATER IMPROVEMENT
PROJECT
WHEREAS, the California Natural Resources Agency (“CNRA”) has been delegated the responsibility by the Legislature of the State of California for the administration of the Urban Flood Protection Grant Program (“UFPGP”) funded by voter-approved Proposition 68; and
WHEREAS, the City of Mendota (“City”) submitted a grant application to fund the City of Mendota Stormwater Improvement Project (“Project”); and WHEREAS, the City’s application was successful and, on November 23, 2021 the City entered into a Grant Agreement with the CNRA (Agreement Number UF8804-0) providing $4,208,699.00 to the City to fund the implementation of the Project; and WHEREAS, the grant application guidelines require compliance with the California Environmental Quality Act (“CEQA”) and filing of the CEQA document must be completed prior to advertisement of bids for construction of the Project; and WHEREAS, the City Engineer, Provost & Pritchard Consulting Group, submitted a proposal to provide final design, surveying, bidding & construction services to complete the Project; and
WHEREAS, the City Council has determined that the City Engineer, Provost & Pritchard Consulting Group, is the firm most qualified to provide the necessary consulting services for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that Provost & Pritchard Consulting Group be retained and contracted to provide the scope of services pursuant to their proposal dated March 2, 2022, and the Exhibits attached hereto.
2 BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to sign the necessary agreements and ancillary documents thereto to effect this arrangement with Provost & Pritchard Consulting Group.
______________________________
Rolando Castro, Mayor
ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Hall on the 8th day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
\\ppeng.com\pzdata\clients\Mendota_City of-3336\333620004-Prop 68 UFPGP\PM\Final Design & CON\MendotaStormwaterImprProject_Proposalv2.docx Engineering Surveying Planning Environmental GIS Construction Services Hydrogeology Consulting Clovis Bakersfield Visalia Modesto Los Banos Chico Sacramento Sonora March 2, 2022
Cristian Gonzalez, City Manager
City of Mendota
643 Quince Street
Mendota, CA 93640
Subject: Final Design, Surveying, Bidding & Construction Services for the Prop 68 UFPGP funded City of Mendota Stormwater Improvement Project, Mendota, California
Dear Cristian:
Thank you for the opportunity to submit this proposal to provide final design, surveying, bidding and construction services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
Project Understanding
In an ongoing attempt to obtain funding for a project to mitigate the flooding that occurs on Naples Street in the general vicinity of 5th Street to 10th Street, the City submitted a proposal for the City of Mendota Stormwater Improvement Project (“Project”) during the State of California Natural Resources Agency’s Urban Flood Protection Grant Program (UFPGP) call for projects, funded by Proposition 68 (Prop 68).
The Project, which has been developed during the Proposition 1 (Prop 1) Technical Assistance (TA) efforts provided by the team led by the Council for Watershed Health, includes the removal and replacement of the undersized and critically damaged storm drain system from 8th Street southeasterly past 10th Street to an existing ditch on the Gonzalez tow yard with a properly sized storm drain system to a new extended dry detention basin just upstream of the existing ditch.
The Prop 68 Urban Flood Protection Grant Program focus is on multiple benefit stormwater projects with an emphasis on flood management and does not require a financial match for a Disadvantaged Community. The City was successful in their pursuit and has been awarded funding to finalize the design, obtain the necessary easements and property and construct the improvements.
Scope of Services
Our proposed scope of work for this proposal is segregated into several phases which align with the Project Elements in the Grant Agreement, described below.
Phase 1.0: Direct Project Management & Administration
This phase will include on-going project management for the duration of the project, including a project kick-off meeting, regular monthly progress meetings with the City. Provost & Pritchard City of Mendota March 2, 2022
City of Mendota Stormwater Improvement Project Page 2 of 6 \\ppeng.com\pzdata\clients\Mendota_City of-3336\333620004-Prop 68 UFPGP\PM\Final Design & CON\MendotaStormwaterImprProject_Proposalv2.docx (P&P) will also provide the required reporting and invoicing to the California Natural Resources Agency (CNRA).
Deliverables include:
• Meeting minutes
• Invoices to CNRA (assumed quarterly through bidding and then monthly during construction)
Phase 2.0: Education & Public Outreach
This phase will include coordination with the City Clerk to provide information in the City’s monthly newsletter and website to inform the public of the project. P&P will also coordinate one Community Education and Outreach event near the end of the project construction.
Deliverables include:
• Information for newsletters and website content
• Coordination of one community event
Phase 3.1: Supplemental Testing & Survey
This phase will include topographic field surveys to supplement and update the base mapping of the projects limits. P&P will also reach out to utility providers to update the mapping of their facilities. P&P will enlist the services of a geotechnical engineering subconsultant to provide pavement design recommendations for Naples Street and percolation rates of the in-situ soils near the proposed basin bottom and other design recommendations relative to the project scope of work.
Deliverables include:
• Project geotechnical report
Phase 3.2: Environmental Documents
This phase will include preparation of a Notice of Exemption (NOE) under CEQA pursuant to Section 15302 of the CEQA Guidelines (Replacement or Reconstruction) Deliverables include:
• Notice of Exemption filed with the State Clearinghouse Phase 3.3: Final Construction Documents
This phase will include preparation of final construction documents including plans, specifications and engineer’s opinion of probable cost of construction (EOPCC) based on recent bid results.
The current 65% design plan set (15 sheets total) will be updated and finalized to be ready for bid advertisement and construction and project specifications including “front end” sections and technical specifications will be prepared.
Deliverables include:
• 90% submittal of construction documents
• 100% submittal of construction documents
City of Mendota March 2, 2022
City of Mendota Stormwater Improvement Project Page 3 of 6 \\ppeng.com\pzdata\clients\Mendota_City of-3336\333620004-Prop 68 UFPGP\PM\Final Design & CON\MendotaStormwaterImprProject_Proposalv2.docx Phase 3.4: Easement and Land Conveyance
This phase will include coordination and documentation necessary for the conveyance of land and the dedication of a Storm Drain easement from S. Stamoules, Inc. P&P will obtain Preliminary Title Reports for each parcel and prepare legal descriptions and map exhibits for the easement dedication and the two land conveyances. P&P will coordinate with the City Attorney and representatives from S. Stamoules Inc. to prepare the Grant Deed documents and submit these documents to the Fresno County Recorder.
Deliverables include:
• Easement legal description & map exhibit over APN 013-152-26S • Legal description & map exhibits for conveyance of land from APN 013-162-19S and APN 013-152-26S
• Evidence of recordation from the Fresno County Recorder It is assumed that the City Attorney will invoice the City directly for their services in preparing the grant deed documents for the easement and land conveyances.
Phase 3.5: PG&E Electrical Service
This phase will include preparing an application for a new electrical service to PG&E to provide power for the lift station and irrigation controls at the new basin. P&P will coordinate with PG&E during the application process to the delivery of power to the site.
Deliverables include:
• Application to PG&E
It is assumed that the City will pay any application or service fees directly to PG&E.
Phase 3.6: Bidding
This phase will include placing an advertisement requesting bids in the Fresno Business Journal and local builder’s exchanges. P&P will coordinate and run a pre-bid conference; respond to bidders’ request for information (assumed four); provide one (1) addendum; run the bid opening at City Hall; analyze the bids; and provide a recommendation for award of the construction contract.
Deliverables include:
• Bid canvas (analysis of bids)
• Recommendation of award of contract
Phase 4.1: Construction Management and Administration
This phase will include coordination and review of contracts and insurance; coordination of a preconstruction meeting; running weekly progress meetings; reviewing submittals (20 assumed); reviewing and responding to contractor’s request for information (RFI)(20 assumed); reviewing and coordinating up to four contract change orders; reviewing and coordination of pay requests; City of Mendota March 2, 2022
City of Mendota Stormwater Improvement Project Page 4 of 6 \\ppeng.com\pzdata\clients\Mendota_City of-3336\333620004-Prop 68 UFPGP\PM\Final Design & CON\MendotaStormwaterImprProject_Proposalv2.docx preparing a punchlist; preparing record drawings from the contractor’s markups; and project closeout.
Deliverables include:
• Meeting minutes
• Construction files
• Operation & Maintenance manuals (provided by contractor) It is assumed that construction will last seven (7) months.
Phase 4.2: Staking and Observation
This phase will include on-site observation on a part-time basis (an average of 24 hours per week for the seven (7) month duration of construction.) P&P will also provide construction staking as requested by the Contractor (six (6) trips are included) Deliverables include:
• Daily reports from on-site representative and photos
Additional trips for restaking where original stakes were destroyed will be charged to the contractor.
Phase 4.3: Testing
This phase will include compaction testing of the aggregate base in the road and trench backfill over the storm drain and one concrete compressive strength test of the basin overflow concrete by a geotechnical subconsultant. The electrical engineer will also test pump start-up.
Deliverables include:
• Test results
City of Mendota March 2, 2022
City of Mendota Stormwater Improvement Project Page 5 of 6 \\ppeng.com\pzdata\clients\Mendota_City of-3336\333620004-Prop 68 UFPGP\PM\Final Design & CON\MendotaStormwaterImprProject_Proposalv2.docx Professional Fees
Provost & Pritchard Consulting Group will perform the services in this project for the total fixed fee shown in the table below. These services will be invoiced monthly, on a percent-complete basis. Reimbursable Expenses are included in the Fixed Fee amount stated.
Proposed Fee
Phase Fixed
Fee
Phase 1.0 Direct Project Management &
Administration
$112,000
Phase 2.0 Education & Public Outreach $5,500
Phase 3.1 Supplemental Testing & Survey $34,000
Phase 3.2 Environmental Documents $2,500
Phase 3.3 Final Construction Documents $67,500
Phase 3.4 Easement & Land Conveyance $33,500
Phase 3.5 PG&E Electrical Service $14,500
Phase 3.6 Bidding $10,500
Phase 4.1 Construction Management &
Administration
$80,000
Phase 4.2 Staking & Observation $150,000
Phase 4.3 Testing $20,000
Total Fixed Fee: $530,000
Schedule
Once we receive an executed copy of this Proposal together with the signed Consultant Services Agreement and are authorized to proceed, we will follow the project schedule in the Grant Agreement which includes preparing the CEQA NOE by June 2022, the Construction Documents by November 2022, completing construction by December 2023 and final reporting and invoicing to the State by March 2024.
Assumptions
• This proposal is based on the Prop 68 UFPGP application materials and the Grant Agreement dated November 23, 2021 (Agreement Number UF8804-0) • Utility potholing is not included in this scope of work, but can be included as an additional cost if required.
• An encroachment permit from Caltrans will not be necessary. • A Stormwater Pollution Prevention Plan (SWPPP), if required, will be prepared and implemented by the contractor.
City of Mendota March 2, 2022
City of Mendota Stormwater Improvement Project Page 6 of 6 \\ppeng.com\pzdata\clients\Mendota_City of-3336\333620004-Prop 68 UFPGP\PM\Final Design & CON\MendotaStormwaterImprProject_Proposalv2.docx • If the scope of services requires Consultant to provide its opinion of probable construction costs, such opinion is to be made on the basis of Consultant's experience and qualifications and represents Consultant's best judgment as to the probable construction costs. However, since Consultant has no control over costs or the price of labor, equipment or materials, or over the contractor's method of pricing, such opinions of probable construction costs do not constitute representations, warranties or guarantees of the accuracy of such opinions, as compared to bid or actual costs. • Provost & Pritchard CAD standards and title block will be used for the design of this project.
Terms and Conditions
If this proposal is acceptable, please sign the Consultant Services Agreement, and return a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
Sincerely Yours,
Provost & Pritchard Consulting Group
Michael Osborn, RCE 66022 Jeff Dorn, RCE 76749
Senior Engineer/Project Manager Director of Operations
Terms and Conditions Accepted
By Cristian Gonzalez
Signature
Cristian Gonzalez
Printed Name
City Manager
Title Date
Project Manager: MLO Prepared By: MLO
286 W. Cromwell Avenue
Fresno, CA 93711-6162
(559)449-2700
FAX (559)449-2715
www.ppeng.com
CONSULTANT
SERVICES
AGREEMENT
CSA No:
Client City of Mendota Proposal No.
Attention Cristian Gonzalez Telephone (559) 655-3291 x105 Bill To City of Mendota Fax (559) 655-4064
Billing Address 643 Quince Street E-Mail [email protected] City, Zip Code Mendota, CA 93640
Project Title
Final Design, Bidding &
Construction Services for the
Prop 68 UFPGP funded City
of Mendota Stormwater
Improvement Project Location Mendota, CA
Description of Services:
See Proposal titled “Final Design, Surveying, Bidding & Construction Services for the Prop 68 UFPGP funded City of Mendota Stormwater Improvement Project, Mendota, California” dated March 1, 2022.
The provisions set forth below and on the following paragraphs 1 through 42 are incorporated into and made a part of this Agreement. In signing, the Client acknowledges that they have read and approved all such terms and hires Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group, (Consultant) to perform the above described services.
TERMS AND CONDITIONS
Client and Consultant agree that the following terms and conditions shall be part of this agreement:
1. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.
2. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors.
3. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Consultant's billing rates utilized for this contract.
DOCUMENTS
4. Client acknowledges that all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant (collectively Work Product) are instruments of service which shall remain the property of Consultant and may be used by Consultant without the consent of Client. Consultant shall retain all common law, statutory law and other rights, including copyrights. Consultant grants Client a perpetual, royalty-free fully paid-up, nonexclusive and irrevocable license to copy, reproduce perform, dispose of, use and re-use the Work Product in connection with the Project, in whole or in part, and to authorize others to do so for the benefit of Client.
Client acknowledges that its right to utilize Work Product pursuant to this agreement will continue only City of Mendota 03/01/2022
Final Design, Bidding & Construction Services for the Prop 68 UFPGP funded City of Mendota Stormwater Improvement Project Page 2 of 6
so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.
5. Client agrees not to reuse Work Product, in whole or in part, for any project other than the project that is the subject of this agreement. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes or unauthorized reuse of the Work Product for any other project by anyone on Client’s behalf. Client agrees not to use or permit any other person to use versions of Work Product which are not final and which are not signed and stamped or sealed by Consultant.
Client shall be responsible for any such use of non-final Work Product. Client hereby waives any claim for liability against Consultant for use of non-final Work Product. If a reviewing agency requires that check prints be submitted with a stamp or seal, those shall not be considered final for purposes of this paragraph.
6. In the event Client (1) makes, agrees to, authorizes, or permits changes in Work Product, or (2) makes, agrees to, authorizes, or permits construction of such unauthorized changes, which changes are not consented to in writing by Consultant, or (3) does not follow recommendations prepared by Consultant pursuant to this agreement, resulting in unauthorized changes to the project, Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant. Client agrees to release Consultant from all liability arising from such unauthorized changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants from and against all claims, demands, damages or costs, including attorneys' fees, arising from such changes.
7. Under no circumstances shall delivery of Work Product for use by the Client be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the Consultant be liable for indirect or consequential damages as a result of the Client’s unauthorized use or reuse of the Work Product.
8. The Client is aware that differences may exist between electronic files delivered and the printed hardcopy construction documents. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed sealed hard-copy documents shall govern.
LIMITATIONS
9. Consultant makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement. If Consultant recommends that Client retain the services of a Geotechnical Engineer and Client chooses to not do so, Consultant shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.
10. Client acknowledges that, unless specifically stated to the contrary in the proposal’s description of services to be provided, Consultant's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.
INDEMNIFICATION
11. To the fullest extent allowed by law, Consultant will indemnify and hold harmless, but shall have no duty to defend Client, its officers. directors, employees and agents (collectively, the "Client lndemnitees") from, for and against any and all claims, demands, damages, losses. expenses. liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Consultant, its subconsultants, or any person or entity for whose acts or omissions any of them are responsible, or by the failure of any such party to perform as required by this Agreement. To the fullest extent allowed by law, Client will indemnify and hold harmless, but shall have no duty to defend Consultant and its officers, directors, employees and agents from, for and against any and all claims, demands, damages, losses, expenses, liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Client or any person or entity for whose acts or omissions it is responsible, or by the failure of any such party to perform as required by this Agreement. The obligations and rights of this Section are in addition to other obligations and rights of indemnity provided under this Agreement or applicable law.
City of Mendota 03/01/2022
Final Design, Bidding & Construction Services for the Prop 68 UFPGP funded City of Mendota Stormwater Improvement Project Page 3 of 6
FINANCIAL
12. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this agreement. If Client fails to pay Consultant within sixty (60) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or terminated for cause pursuant to Sections 26 through 31. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination including all costs and expenses incurred in the performance of services up to suspension or termination.
13. Consultant shall not be liable to Client for any costs or damages that may result from the termination or suspension of services under this agreement due to Client’s failure to pay Consultant invoices in accordance with the terms of this paragraph. In the event that Consultant agrees to resume terminated or suspended services after receiving full payment of all late invoices, Client agrees that time schedules and fees, as applicable, related to the services will be equitably adjusted to reflect any delays or additional costs caused by the termination or suspension of services.
14. In all cases where the proposal calls for payment of a retainer, that payment shall be made by Client to Consultant prior to commencement of services under this agreement. Upon receipt of retainer payment, the Consultant shall commence services as provided for under this Agreement. Unless otherwise provided for in the project proposal, such retainer shall be held by Consultant throughout the duration of the contract, and shall be applied to the final project invoice, and to any other outstanding AR, including late payment charges, on the project. Any amount of said retainer in excess of the final invoice and other outstanding AR shall be returned to the Client within 30 days of issuance of the final project invoice.
15. Client agrees that all billings from Consultant to Client will be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the payment terms set forth in Section 18.
16. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices.
17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants’ fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts.
18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in this agreement.
LIMITATION OF LIABILITY
19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or related to such third-party claims for which Consultant is liable.
DISPUTE RESOLUTION
20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre- City of Mendota 03/01/2022
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condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not be interpreted to restrict the right of either party to file an action in a court of law, in the County of Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant’s right to record, perfect or to enforce any applicable lien or Stop Notice rights.
CONSTRUCTION PROJECTS
21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services will be provided by Client or by others.
Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant is responsible.
22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.
23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client so those deficiencies may be corrected or otherwise addressed by Consultant prior to the commencement of construction phase work.
24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and, at Client’s option, retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.
25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. The Consultant will not be responsible for any cost or expense that enhances the value of the Project.
SUSPENSION AND TERMINATION
26. If the Project or the Consultant’s services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant’s schedule and fees for the remainder of the Project shall be equitably adjusted.
27. If the Consultant’s services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar days’ written notice to the Client.
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28. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days’ notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant’s work product. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to Section 28.
30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving the Consultant not less than seven (7) calendar days' written notice.
31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination.
The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
OTHER
32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.
33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.
34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the Agreement.
35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, in conflict with any law. void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given the fullest meaning and effect allowed by law.
36. This agreement shall be governed by and construed in accordance with the laws of the State of California.
37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, it is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services.
38. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or judgment issued by the Bankruptcy Court.
39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of City of Mendota 03/01/2022
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the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.
40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.
41. Consultant and Client each agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with paragraphs 26 through 31, except for termination expenses provided for in said paragraph 31. Client further agrees that to the fullest extent permitted by law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.
42. This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.
Client City of Mendota
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group
By By
Name/Title Cristian Gonzalez, City Manager Name/Title
Jeff Dorn, RCE 76749
Director of Operations
Date Signed Date Signed 3/2/2022
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: GOAL SETTING FOR FISCAL YEAR 2022-2023 BUDGET
DATE: MARCH 08, 2022
ISSUE
Shall the City Council provide additional goals to be included in 2022-2023 fiscal year budget draft?
BACKGROUND
Every year the City Council provides guidance to staff on specific goals that they desire to have included in the budget. While the end to the current pandemic seems near, this year’s budget process will still be somewhat abnormal. Staff will be proposing a conservative budget draft to the Council again this year, with the hopes to be able to conduct a mid-year, or quarter-year amendment, as funds come in. It will be considered a fluid budget, that can change with the current conditions of the economy.
ANALYSIS
As part of the budget process, the Council provides staff with guidance on goals/projects for the upcoming fiscal year, which begins in July. Below is a chart with the goals that were established in 2021. While many goals will carry over into the 22-23 fiscal year, some will not.
Goal Team Comment Continued
in FY
22/23
1 Restoration of the General Fund
Reserve
All Fund has NOT been restored to
1.3 million. It is currently at
950,000.
X
2 Develop/Identify funding for RojasPierce soccer field expansion, along with an additional baseball diamond
and direction on how to plan for the
utilization of the remaining City
land and the additional 4 acres being
donated by Westlands Water
District
All Phase I is complete with the
addition of a new soccer field and
baseball diamond. Phase II will
require at least 1.1 million, but
there are County CDBG funds and
Program Income that we plan to
use towards the project.
Construction is expected to take
place in August 2023.
X
2 3 Staff investigate the possibility of
attracting a marijuana cultivation
facility
All Canna-hub facility has new and
promising ownership. Their
building has new operators that
are conducting the tenant
improvements to their suites to
become operational soon. The
City sold two developers a total of
60 acres of City owned land.
They planted their first crops but
had a down year. A dispensary
application has been approved;
construction is near completion
with an expected grand opening
day of April 1st.
X
4 Roundabout for the Intersection of
Highway 33 and Highway 180
All Goal changed to round-about last
year. Caltrans along with the
Public Safety Committee and staff
are working with the fire
department to design an
acceptable roundabout to
construct soon. We received a
grant to fund the gap in funding to
move forward with the project.
X
5 Transfer Dispatch Services All We just changed to the Fresno County Sheriff’s office this
month.
6 Continue to focus economic
development efforts on
Bass/Derrick
All Car dealership owner purchased
land in the area to construct a new
dealership. A local investor is
interested in constructing a mixeduse development with residential and commercial.
X
7 Expand/improve the City’s water
system
All Various projects are being
contemplated, including a
backwash recycling project at the
water plant, a new booster system
and a new well site.
X
8 Funding to relocate City Well due
to Bureau project
All City received additional fund from
Bureau to relocate the well.
X
9 Find funding to reconstruct or repair
the Mowry Bridge that suspends the
City's water main line
All Construction is complete and the
overage in construction costs have
been reimbursed to the City. 6
million-dollar project.
3 10 Explore a plan to fund a combined
City Hall/PD Building
All Budget for a combined building
increased from a 7.5-milliondollar project to a 10.5-milliondollar project. Due to increase, Council directed staff to fully
develop a bid package to go to bid
for a new Police Station with a
new council chambers
/multipurpose room. Project
expected to go out to bid in 6-8
months.
X
11 New automated water meters All 3-million-dollar grant was awarded. New meter installation
began this year (2022) and will
continue for several months.
X
12 Roundabout for Bass and Barboza All Construction is complete 13 Roundabout island
sculpture/landscaping
All Pending funding and direction
from Council
X
14 Railroad crossing improvements at
3 crossings
All Design and engineering are
complete. Construction to begin in
summer of 2022
X
15 Banners for Veterans All Finalizing the program. Banners expected to be installed in
May/June 2022
X
16 Prop. 1 Storm Water Grant (Naples) All Grant awarded to City for 3.8 million dollars to install a new
storm drain line on Naples to
address flooding on Naples and
Oller.
X
17 Grants for Parks (Prop 68) All Our application for a community center was not awarded on the
first or second round. The City is
applying for the third round of
funding for a community center,
with an updated application.
X
18 Create a recreation department All There has been ongoing talks about providing more organized
recreational activities with the
new park extension. This would
be managed by the City and
directed by the Recreation
Committee and the ultimately the
City Council. Pending funding
and direction.
X
4 19 Additional lighting throughout town All The entire City has updated efficient lighting, but the spacing
and placement of lights in many
areas are not up to current
standards. Ideally a study to
identify those dark areas should be
done, then an implementation
plan.
X
20 New housing, with larger homes All Progress was being made on a 70- acre subdivision that would
include approximately 280 new
homes but then the developer
pulled out. Since then, he has
returned, and talks are ongoing.
X
21 Shade structures and benches at
Lozano Park
All Pending funding and direction. X
22 New welcome signs, with a third
new sign on HWY 33 south of
Belmont.
All Pending funding and direction X
23 Revitalize Pool Park All Pending funding and direction.
First step is to agree on a design
concept that can then be reviewed
per CEQA requirements to
position the City to get funds or
use general fund dollars to begin
renovation.
X
24 Tax Measure All Propose a special measure tax that
would provide funding for all
needed areas, public safety, parks,
and streets.
X
FISCAL IMPACT
The fiscal impact will depend on goals and priorities determined by the Council.
RECOMMENDATION
Staff recommends that the City Council provide direction on existing and new goals, in priority order, to allow staff to provide a proposed draft budget at a future City Council meeting. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: GRANTS UPDATE
DATE: MARCH 8, 2022
GRANTS UPDATE
America Rescue Plan Act of 2021 State Local Fiscal Recovery Funds Subrecipient – Staff will be submitting two applications to the County of Fresno for American Rescue Plan Act of 2021 State Local Fiscal Recovery Funds Subrecipient Program. There will be approximately $37.3 million of America Rescue Plan Act funding allocated for this program. Based on the County Board of Supervisors, this program funding needs to fall under four general categories such as A. Supporting public health response/addressing negative economic impacts; B. Providing premium pay for essential workers; C.
Replacing public sector revenue loss, subject to certain limitations; and D. Investment in water and sewer infrastructure, and broadband infrastructure. The City will be applying for funding for public safety and water storage. Applications are due March 9, 2022. Senator Anna Caballero Budget Request for 2022 District 12 Budget – The City submitted a budget request for the 2022 District 12 Budget for funding for the Mendota Police Department building and Mendota City Council Chambers. The Office of Senator Anna Caballero requested (1-2) projects. Staff added the Mendota Community Center Project that was submitted for the Proposition 68 – Statewide Parks Program. Funding for this budget request is not guaranteed. However, if approved the funding will be administered through the California Natural Resources Agency. County of Fresno, Urban Community Development Block Grant Program for Eligible Activities to Support Coronavirus and Other Infectious Disease Response (CDBG-CV) – Staff submitted the City’s intention to allocate the remaining funds from the “Mendota Internet Connectivity, Project No. 19741-CV” and the new CDBG-CV funding to the Rojas-Pierce Park Expansion Project. This will be presented to the Board of Supervisors for approval in April 2022.
FEMA-4482-DR-CA California Covid-19 Pandemic – Staff is in the process of submitting for reimbursement.
Arrearages Grant Program for Water & Wastewater – Staff is preparing the adjustments to the utility account holders for water credits only. The City has received the funding allocation from this grant program for water only. Staff will be submitting an application for the wastewater grant funding in April 2022. Wonderful Community Grants – The Mendota Community Corporation (MCC) received a $2,000 grant from the Wonderful Community Grants. There is no specific requirement tied to funding.
2 Adelante Mendota (Prop. 64) – Our Community Service Officers, Lieutenant Rodriguez, and City staff attended a meeting with a group of high school to discuss activities they are interested in about learning or discussing for the Adelante Mendota program. The youth engaged with ideas to start this year’s activities. One of the requested topics was engineering. Michael Osborn will be our guest speaker on Tuesday, September 6, 2022. We will be meeting on Monday, March 7, at the AMOR Wellness Facility.
Recreation Trails Program – Staff had a meeting with Townsend Public Affairs’ Alex Gibbs to discuss a project for the Recreation Trails Program. However, after talking with Alex and Michael Osborn about the project cost and the total available amount of competitive grant funding, it was determined that it would not be feasible to apply since our project cost would be the total amount of grant funding available for program. We will be transferring our services requested to another grant project to be determined at a later date.
In – Progress Grants:
Rojas-Pierce Park Expansion Project – County of Fresno, Urban Community Development Block Grant (CDBG) Program
Rojas-Pierce Park Expansion Project – Per Capita Program COPS Hiring Program – Department of Justice
Attachment(s):
1. Grants Spreadsheet
MENDOTA, CITY OF
Grant Report
Mar-22
Grant Name Application Due Date Award Date
Agency:
Federal/State/County/
Private Pass-thru Matching Award Amount Purpose of Grant Notes T-Mobile 3/30/2022 6/30/2022 Private N N $ 50,000.00 Christmas Decorations & Pool Park amenities CalRecycle SB 1383 Grant 2/1/2022 TBD State N N $ 20,000.00 Implemenation program for SB 1383. Staff will conduct educational presentations, site visits, and enforcement activities.
Clean California Local Grant Program 2/1/2022 3/1/2022 State N N $ 5,000,000.00 (4) Projects: 1-Pocket Park at Bass Avenue and 2nd Street; 2-Art Sculpture at Bass Avenue Roundabout; 3-Trail to Pool Park; 4-Trails in Pool Park Outdoor Equity Grant Program 10/8/2021 3/1/2022 State N N $ 154,861.00 Outdoor activities in the community and traveling inside of California Office of Traffic Safety Grants 1/31/2021 3/1/2022 State N N $ 550,000.00 DUI Checkpoints with partnering cities in the Westside Mendota will be the lead agency CA WA & WWA Arrearages Payment 12/6/2021 TBD State N N $ 70,743.47 Financial assistance for customers' accounts 60 days+ for water/wastewater only Small Community Drought Relief Program TBD TBD State N N TBD Water Storage Tank Wonderful Community Grants 8/31/2021 9/30/2021 Private N N $ 50,000.00 (30) Rental Assistance (Continuing) (135) Utility Assistance (100) Dental Care Tire-Derived Product Grant 6/1/2021 8/31/2021 State N N $ 149,995.02 Install rubber mulch at (7) project sites citywide for landscape purposes.
New Alternative Fuel Vehicle Purchase TBD TBD Local N N Up to $20,000 per
vehicle
Purchase (2) electric "Zero" motorcylces for the Police Department and (3) vehicles for Public Works & Public Utiliities
Statewide Park Development and
Community Revitalization Program (SPP) 3/12/2021 August/September State N N Maximum $8,500,000 1) Community Center - Rojas-Pierce Park; 2) Fitness Court - Veterans Park; 3) Renovation - Pool Park
Proposition 64 Public Health and Safety
Grant Program 1/29/2021 5/1/2021 State N N $452,509.75
(2) Community Resource Officers, (2) Administrative Assistants, (1) K-9, (1) vehicle Partnership with City of Fresno (Lead Applicant), Fresno EOC, The Boys & Girls Clubs of Fresno
County
Good Neighbor Citizenship Company
Grants 10/31/2020 4/30/2021 Private N N $ 198,825.00
Pocket Park at Bass Avenue and I Street
CARES County of Fresno 10/1/2020 12/31/2020 County N N $ 229,732.87 COVID-19 relief funds; Non-profit organizations; Message Trailers; Overtime Coronavirus Relief Funds (CRF) 10/1/2020 7/1/2020 State N N $ 154,512.00 Expenditures incurred for COVID-19 - Use funds for Police Department MDT's FEMA-4482-DR-CA TBD TBD State N Y TBD Expenditures incurred for COVID-19 25% match CDGB -Coronavirus and Other TBD 7/1/2020 County N N $ 104,796.00 Fire Department Equipment & Broadband Assistance for Mendota Residents Wonderful Community Grants 8/31/2020 9/15/2020 Private N N $ 50,000.00 COVID-19 relief funds Mendota Community Corporation Administering Tobacco Grant Program 8/7/2020 TBD State N N TBD
Add new tobacco language to our municipal code for enforcement; overtime for educational awareness to local vendors.
California Aid to Airports Program 7/9/2020 3/31/2021 State N N $ 10,000.00 Annual credit grant to fund operational costs at the airport Community Facilities Grant 7/1/2020 8/1/2020 Federal N Y $ 50,000.00 Purchase (2) Police Ford Explorers, upfit and equipment. This grant is in conjunction with the New Alternative Fuel Vehicle Purchase Grant. USDA
New Alternative Fuel Vehicle Purchase 6/22/2020 10/31/2020 Local N N Up to $20,000 per
vehicle
Purchase (1) Police Ford Explorer and (1) Ford F-250 Truck CARES Act Airport Grant 6/18/2020 TBD Federal N N $ 1,000.00 Reimburse operational and maintenance expenses or debt service payments for the William Robert Johnston Municipal Airport
Urban Flood Protection Grant Program 6/15/2020 TBD State N N $ 4,500,000.00 Removal and replacement of undersized and critically damaged storm drain from 8th Street southeasterly past 10th Street to an existing ditch.
COPS Hiring Program 3/11/2020 10/1/2020 Federal N Y $ 125,000.00 Hire (1) Full-time Police Officer for 3 years. 25% match Office of Traffic Safety Grants 1/30/2020 10/1/2020 State N N $ 81,527.00 DUI Saturations, Traffic Enforcements, Car Seat Installation/Giveaway Event, Emergency Medical Services for the Fire Department
We received 2/3 grants applied. Car Seat
Installation was not approved.
Fresno COG 2019-2020 CMAQ 1/1/2020 5/1/2020 Federal Y Y $ 458,304.00 Alley Paving Project for 7U & 7U1 (near Unida/Belmont/Derrick) and about 1/3 of the alleys on the eastside. 11.47% match
SB 2 Planning Grant Program 12/20/2019 6/1/2020 State N N up to $160,000 Update planning documents and processes of housing approvals/production New Alternative Fuel Vehicle Purchase 12/20/2019 6/1/2020 Local N N Up to $20,000 per
vehicle
Purchase (1) Public Works/Utilities Trades Vehicle & (2) Police Explorers Interceptors Vehicles
(2) Police Explorers Vehicles to be paid with funding
from USDA
Beverage Container Recycling City/County
Payment Program 12/17/2019 2/28/2020 State N N $ 5,000.00 Billboard Advertisement and Radio Advertisement to promote beverage container recycling.
If you don’t expend the full $5,000.00, you must
repay CalRecycle.
Automatic Meter Read Construction 10/21/2019 State N Y $ 3,074,561.00 Install City-wide Automatic Meter Reading Meters Grant Component $2,724,912.00 Access to Historical Records: Archival
Projects 10/3/2019 7/1/2020 Federal N Y $ 95,907.00 Digitize public records and make freely available online National Fitness Campaign 2020 8/1/2019 10/1/2020 Private N Y $ 30,000.00 Outdoor Fitness Court If the City wishes to pursue this grant, we would
need to match $100,000.00.
Urban Community Development Block 7/31/2019 7/1/2020 County N N $ 575,222.00 Phase II Rojas-Pierce Park Expansion Project For Fiscal Years 2019/2020; 2020/2021 &
2021/2022
California Aid to Airports Program 7/31/2019 10/31/2019 State N N $ 10,000.00 Annual credit grant to fund operational costs at the airport Urban County Per Capita Grant Program 6/3/2019 2020 State N N $ 6,969.92 Rojas-Pierce Park Expansion One-time basis Per Capita Grant Program 6/3/2019 2020 State N N $ 177,952.00 Rojas-Pierce Park Expansion One-time basis Key: Applied for Grants
In process
Approved
Denied
Closed
455 W. Fir Avenue
Clovis, CA 93611
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
G:\Mendota_City of-3336\3336OG01_On-Going\100\110 Status Reports\City Eng Council Report.docx Engineering Surveying Planning Environmental GIS Construction Services Hydrogeology Consulting Clovis Bakersfield Visalia Modesto Los Banos Chico Merced Sacramento Memorandum
To: City Council via Cristian Gonzalez, City Manager
From: Michael Osborn, City Engineer
Jeff O’Neal, City Planner
Subject: City Engineer’s Report to City Council
Date: March 3, 2022
Engineering Projects:
1. Rojas Pierce Park:
• Working with staff for sponsorship opportunities
• Phase 2 expansion project in progress with construction in Fall 2022 • Working with contractor to address concrete issues
2. Well 10 and Water Main Relocation
• On hold; pending coordination with USBR and BB Limited
3. Mendota Meter Reading Project
• Construction is in progress with Waterboard funding
• Will continue through August 2022
4. Citywide RRXG Improvements:
• Coordinating crossing improvements with Railroad and Caltrans
5. MJHS Safe Routes to School Project
• Project is out to bid; Construction in Spring 2022
6. 2022 Local Street Reconstruction Project
• SB1 funded: Design is underway; Construction in Summer 2022
7. Backwash Reclaim Project
• Design is underway; looking for funding opportunities for construction Planning/Development Projects
1. Salomon Multifamily Project at 755 Marie Street
• Finalizing CEQA document and preparing for circulation and PC hearing
2. Rojas Pierce Park Annexation
• Continuing discussions with USBR about whether and how the WWD land retirement program affects the project.
3. CES Mendota
• No update
4. Regional Housing Needs Allocation
• Participating in Fresno COG meetings regarding the initial steps of the 6th Cycle Housing Element preparation
• COG is now investigating the possibility of convening a second multijurisdictional Housing Element effort like the 5th Cycle document
5. Gonzalez Towing
• Investigating Williamson Act cancellation requirements.
To: City Council via City Manager March 3 2022
City Engineer’s Report to City Council Page 2 of 2
G:\Mendota_City of-3336\3336OG01_On-Going\100\110 Status Reports\City Eng Council Report.docx
6. New City Hall & Police Station
• Initiated Phase 1 Environmental Site Assessment
7. Safe Routes to School Master Plan
• Initial kick-off meetings being scheduled this month, ATP funded
8. Escalante Apartments
• Looking at GPA and rezone for small multifamily project at 7th and Juanita for Juan Escalante
Grant Applications:
1. Mendota Stormwater Improvement Project
• Prop 68 Urban Flood Protection Grant Program
• Full funding of $4.2 million AWARDED; grant agreement completed final design to start this month
2. Derrick & Oller Roundabout:
• CMAQ Competitive Regional Bid application submitted to FCOG to fill $1,798,457 funding gap in project; funding AWARDED & coordinating with FCOG and Caltrans to start project; Construction FY 22/23
3. 5
th Street & Quince Street Reconstruction:
• STBG competitive regional bid application submitted to FCOG for $706,251 to fund construction; funding AWARDED; Construction FY 23/24 On-going (this month):
1. Representation of the City at FCOG TTC and MLRSP stakeholder meetings
2. Discussion of road projects with Caltrans
3. Assistance to Finance Director for grant oportunities
4. Assistance to Public Utilities Director for upgrades to facilities
5. Investigating feasibility of new municipal well within City limits Overall P&P Staff engaged (month of February):
• Engineers: 9
• Planners: 1
• Surveyors: 2
• Environmental Specialist: 1
• GIS/CAD Specialists: 2
• Construction Manager: 0
• Project Administrator: 2
Abbreviations:
EOPCC – Engineer’s Opinion of Probable Construction Cost NTP – Notice to Proceed
CUCCAC – California Uniform Construction Cost Accounting Commission
STBG – Surface Transportation Block Grant
CMAQ – Congestion Mitigation and Air Quality (grant)
ATP – Active Transportation Plan (grant)
RFP – Request for Proposal
RFA- Request for Authorization (for grant funding)
FCOG – Fresno Council of Governments
ADA – Americans with Disabilities Act
DBE – Disadvantaged Business Enterprise
TTC – Technical Transportation Committee (through FCOG) RTP/SCS – Regional Transportation Plan, Sustainable
Communities Strategies